General Permit - 880 - Discharge of Stormwater

Question 1

By definition, what does the term “business day” mean?

Answer 1

Monday through Friday excluding state holidays

9VAC25-880-1

Question 2

By definition, what does the term “commencement of land disturbance” mean?

Answer 2

The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. (e.g., stockpiling of fill material).

9VAC25-880-1

Question 3

What is the definition of “final stabilization”, as it relates to construction projects on land used for agricultural projects?

Answer 3

Final stabilization may be accomplished by returning the disturbed land to its pre-construction agricultural use.

9VAC25-880-1-

Question 4

What is the definition of “final stabilization” in general?

Answer 4

All soil disturbing activities at the site have been completed and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. The ground cover must be uniform, mature enough to survive, and will inhibit erosion.

9VAC25-880-1

Question 5

By definition, what does “immediately” mean?

Answer 5

As soon as practicable, but no later than the end of the next business day, following the day when the land-disturbing activities have temporarily or permanently ceased.

9VAC25-880-1

Question 6

By definition, what does “impaired waters” mean?

Answer 6

Surface waters identified as impaired on the 2012 305(b)/305(d) Water Quality Assesment Integrated Report.

9VAC25-880-1

Question 7

By definition, what does “infeasible” mean?

Answer 7

Not technologically possible or not economically practicable and achievable in light of best industry practices.

9VAC25-880-1

Question 8

By definition, what does “measurable storm event” mean?

Answer 8

A rainfall event producing 0.25 inches of rain or greater over 24 hours.

9VAC25-880-1

Question 9

By definition, what does “stabilized” mean?

Answer 9

Land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.

9VAC25-880-1

Question 10

By definition, what does “construction site” mean?

Answer 10

The land where any land-disturbing activity is physically located or conducted, including any adjacent land used or preserved in connection with the land disturbing activity.

9VAC25-880-1

Question 11

By definition, “initiation of stabilization” means one of five things?

Answer 11

1. Prepping the soil for vegetative or non-vegetative stabilization; 2. Applying mulch or other non-vegetative product to the exposed area; 3. Seeding or planting the exposed area; 4. Starting any of the above activities on a portion of the area to be stabilized, but not the entire area; or finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization. (9VAC25-880-1)

Question 12

What does the General Permit regulation govern?

What does not have coverage under the GP?

Answer 12

Stormwater discharges from regulated construction activities. stormwater discharges associated with other types of industrial activities do not have coverage. Stormwater discharges associate with industrial activity that originate from completed construction activities after the site has undergone final stabilization are not authorized under this permit.

9VAC25-880-10

Question 13

What is the effective start date of the General VPDES Permit for discharges of Stormwater from construction activities? What date will it expedite?

Answer 13

The effective start date is July 1, 2014. The expiration date is July 1, 2019.

9VAC-880-20

Question 14

What requirements of this General Permit are board-approved VSMP authorities authorized to administer?

Answer 14

i) registration statement acceptance
ii) fee collection
iii) Stormwater management plan review and approval dependent upon conditions established as part of the board approval.

9VAC25-880-40

Question 15

What does any state permit non-compliance constitute?

Answer 15

A violation of the Virginia Stormwater Management Act and the Clean Water Act, except that non-compliance with certain provisions of the general permit may constitute a violation of the Virginia Stormwater Management Act but not the Clean Water Act.

9VAC25-880 PART III. section L

Question 16

What is permit non-compliance grounds for?

Answer 16

Enforcement Action, State Permit termination, revocation and re issuance, modification, or denial of a state permit renewal application.

9VAC25-880 PART III section L

Question 17

Under what circumstances can the board ask an operator to provide information?

Answer 17

To determine whether cause exists for modifying, revoking and reissuing, or terminating this general permit, or to determine compliance with this general permit.

9VAC25-880 PART III section D

Question 18

Who can ask an operator of a general permit project to provide information?

Answer 18

The board, department, EPA, or VSMP authority.

9VAC25-880 PART III section D

Question 19

Specifically what types of materials can the board ask the operator of a general permit project to provide?

Answer 19

Copies of records required to be kept by this general permit.
Plans, specifications, and other pertinent information as May be necessary to determine the effect of the wastes from his discharge on the quality of surface waters.
Such other day information as May be necessary to accomplish the purposes of the CWA and the VA Stirmwater Management Act.
(9VAC25-880 PART III section D)

Question 20

What does 62.1-44.5 of the Code of Virginia say about unauthorized Stormwater discharges?

Answer 20

Except in compliance with a state permit issued by the department, it shall be unlawful to cause a Stormwater discharge from a construction activity.

9VAC25-880 PART III section F

Question 21

What sections of the regulations states that a registration statement shall be signed and include a specific certification?

Answer 21

9VAC25-880 Part III section K-1 and section K-4.

Question 22

Operators governed my the general permit are authorized to discharge to surface waters of the Commonwealth of Virginia provided that what 5 things?

Answer 22

1. Submits and receives acceptance for a complete and accurate registration statement (if required), 2. Submits any permit fees (if required), 3. Complies with 9VAC25-880-70 4. The operator obtains approved E&S and Stormwater Management Plans, 5. The board has not notified the operator that the discharge is not eligible for coverage based on subsection B.
   ( 9VAC25-880-30 A 1-5 )

Question 23

When does an operator have coverage under the general permit and have authorization to discharge?

Answer 23

The operator has coverage beginning with the date of coverage and lasting until the expiration date.

9VAC25-880-70 Part I A1

Question 24

What are examples of “support activities” that are also included in authorization under a general permit?

Answer 24

• concrete or asphalt batch plants
• equipment staging yards
• material staging areas
• excavated material disposal areas
• borrow areas

9VAC25-880-70 Part I A2

Question 25

What criteria must a support activity meet to be included in the coverage of a general permit?

Answer 25

1). Must be directly related to the construction activity; 2). Must not be a commercial operation nor serve multiple unrelated construction activities by different operators; 3). Must not operate beyond the completion of the last construction activity it serves; 4). Must be identified in the registration statement; 5). Must have state, federal, and local approvals; 6). Must identify SWPPP control measures for support activity. 9VAC25-880-70 Part I A2a-f

Question 26

What six types of discharges are not covered under the general permit?

Answer 26

1.) post-construction discharges
2.) discharges mixed with non-Stormwater
3.) discharges covered by another state permi
4.) discharges to impaired waters or waters with a TMDL limitation
5.) discharges of Stormwater from construction to exceptional state waters
6.) discharges with floating solids or visible foam in other than trace amounts
9VAC25-880-70 Part I B 1-6

Question 27

What is considered a post-construction discharge?

Answer 27

A discharge that originates from the site after construction activities have been completed and the site, including support activities, has undergone final stabilization.

9VAC25-880-70 Part I B 1

Question 28

Can a discharge to exceptional state water be covered under the general permit under certain circumstances? What circumstances?

Answer 28

Yes. 1). The exceptional water shall be identified in the SWPPP; 2). Permanent or temp. Soil stabilization shall be applied to denuded areas within 7 days after final grade is reached; 3). Nutrients shall be applied in accordance with manufacturers recommendations or an approved nutrient management plan; 4). Inspection shall be conducted every 4 days
9VAC25-880-70 Part I 5a-d

Question 29

What discharges are prohibited?

Answer 29

1). Wastewater from washout of concrete; 2). Wastewater from the washout and clean out of stucco, paint, form release oil, curing compounds; 3). Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; 4). Oils, toxic substances, or hazardous substances from spills; 5). Soaps, solvents, or detergents used in washing

9VAC25-880-70 Part I D 1-5

Question 30

Who has the responsibility of submitting a notice of termination to the VSMP authority?

Answer 30

The operator of the construction activity

9VAC25-880-60 A

Question 31

Name the normal conditions when an operator can submit a notice of termination?

Answer 31

Permanent control measures are in place and functioning effectively and at final stabilization. Also long term responsibility and maintenance requirement are recorded in the local land records.

9VAC25-880-60 A 1

Question 32

What 3 other conditions (not including final stabilization and having a long term maintenance agreement in place) can the operator submit a notice of termination?

Answer 32

1). Another operator has assumed control over all areas of the site; 2). Coverage under an alternative VPDES permit has been obtained; 3). Temporary soil stabilization has been completed at a residential construction site and the residence has been transferred to the homeowner

9VAC25-880-60 A 1-4

Question 33

Based on 9VAC25-880-60 D, who can terminate coverage under this general permit during its term and require application for an individual permit or deny a general permit renewal application?

Answer 33

The Board

9VAC25-880-60 D

Question 34

The notice of termination shall be signed in accordance with what section of the Construction General Permit Regulations?

Answer 34

9VAC25-880-70 Part III K

Answer found at 9VAC25-880-60 C

Question 35

What 5 things shall be contained in the notice of termination?

Answer 35

1.) Contact information; 2). Location of construction activity; 3). The general permit registration number; 4). The basis for submission of the termination; 5.) A list of on-site and off-site permanent control measures that were installed to comply with the stormwater management technical criteria.

9VAC25-880-60 B 1-5

Question 36

List information about permanent controls that should be listed by the operator in the notice of termination for every permanent control. (Some information may not be applicable)

Answer 36

1) . Type of permanent control / date it became functional; 2). Location including city and latitude and longitude; 3). Receiving water;
4) . The number of total acres and impervious acres treated by the permanent control measure.

9VAC25-880-60 B 5 a-d

Question 37

What must an operator do if they are seeking coverage under the general permit?

Answer 37

Submit a registration statement

9VAC25-880-50 A

Question 38

What does the status of a construction activity mean? What are some examples?

Answer 38

Federal, State, public, or private

9VAC-880-50 B 3

Question 39

What does the “nature of the construction activity” refer to? What are some examples?

Answer 39

Commercial, industrial, residential, agricultural, oil and gas, etc.

9VAC25-880-50 B 4

Question 40

A registration statement included 11 items. What are they?

Answer 40

1). Contact information; 2). Name and location of construction activity; 3). Status; 4). Nature of construction activity; 5). Name of receiving waters and HUC; 6). the name of the MS4 operator; 7). Estimated project start and end date; 8). Total land area to be disturbed; 9). Is it part of a larger plan of Developement; 10). a SWPPP; 11). the certification

9VAC25-880-50 B 1-11

Question 41

What can the VSMP authority, department, board, and the EPA do if an in permitted discharge occurs between the commencement of land disturbance and discharge authorization?

Answer 41

Take enforcement action

9VAC25-880-50 A 4

Question 42

What does an operator of an existing construction activity need to do if they were authorized to discharge under the general permit issued in 2009 and intends to continue coverage under the new permit?

Answer 42

1. Submit a complete registration statement to the VSMP authority on or before July 1, 2014; 2). Update the Stormwater pollution prevention plan to comply with the new general permit no later than 60 days after the date of coverage under the existing general permit.

9VAC25-880-50 2 a-b

Question 43

In what 6 instances does the general permit authorize Stormwater discharges for support activities?

Answer 43

1).the activity is directly related to a construction activity required to have GP coverage; 2). The activity is not a commercial operation not serve multiple unrelated projects; 3). The activity does not operate beyond the completion of the last activity it supports; 4). identified in the registration statement; 5) control measures are identified; 6) applicable state, federal, and local approvals obtained.
9VAC25-880-30 C 1-6

Question 44

Are support activities located off-site required to be covered under this general permit?

Answer 44

No. They may be authorized under another state or VPDES permit.

9VAC25-880-30 D

Question 45

Should the land area of off-site support activities be used to determine total land disturbance?

Answer 45

No.

9VAC25-880-30 D

Question 46

Can discharges authorized by this general permit be commingled with other sources of Stormwater that are not required to be covered under a state permit?

Answer 46

Yes, so long as the commingled discharge is in compliance with this general permit. As long as all discharges comply with applicable state and VPDES permit requirements.

9VAC25-880-30 E

Question 47

What 7 non-Stormwater discharges are authorized by this general permit? Only include water that does not need to be treated prior to discharge.

Answer 47

1). Discharges from firefighting; 2). Fire hydrant flushing; 3). Potable water source; 4). Uncontaminated air conditioning or compressor condensate; 5). Uncontaminated groundwater or spring water; 6). Foundation or footing drains where flows are not contaminated with process materials such as solvents; 7). Landscape irritations.

9VAC25-880-30 F 1,2,5,8,9,10, and 12

Question 48

What 5 non-Stormwater discharges are authorized by this general permit if they are treated prior to discharge?

Answer 48

1). Water used to wash vehicles or equipment where soaps have not been used; 2). Water used to control dust; 3). External building wash water where soaps have not been used; 4). Pavement wash water where spills of toxic chemicals have not occurred; 5). Dewatering of Uncontaminated trenches and excavations.

9VAC25-880-30 F 3,4,6, and 11