The current VPDES General Permit for Stormwater Discharges from Construction Activities, also known as the Construction General Permit (CGP), is set to expire on June 30
th
, 2019. Earlier this year, HBAV and several other public and private-sector stakeholders were selected to serve on the Department of Environmental Quality’s Technical Advisory Committee (TAC) to assist the Department in the development of the new Construction General Permit (CGP). The TAC concluded its work in the summer, and the draft regulations are in the process of being published for public comment. The public comment period will run from October 29
th
, 2018 to December 28
th
, 2018. You can submit comments directly to the Department of Environmental Quality by contacting Jaime Robb at
[email protected]
or attend one of the two public comment hearings:
- Tuesday, November 27th at 1:30PM - DEQ Piedmont Regional Office - 4949A Cox Road, Glen Allen, VA 23060
- Wednesday, November 28th at 1:30PM - DEQ Blue Ridge Regional Office - 3019 Peters Creek Road, Roanoke, VA 24019
The full document of proposed changes to the CGP can be found
here
–
and I have provided an executive summary of the major changes below:
- Language to clarify the applicable stormwater technical criteria.
- New requirements for the Notice of Termination, including:
- A construction record drawing in a format as specified by the VSMP authority for permanent stormwater management facilities in accordance with 9VAC25-870-55 D appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan.
- Where applicable, evidence that the signed Stormwater Management Maintenance Agreement has been recorded.
- For individual lots in residential construction only, a signed statement from the permittee that the new owner, if not the same as the permittee, has been notified of the final stabilization requirements.
- Provisions to minimize the exposure of waste materials to precipitation by closing or covering waste containers during precipitation events and at the end of the business day or implementing other similarly effective practices. The original draft of this language mirrored language in the EPA’s CGP and would have required operators to close waste containers “when not in use”. HBAV asked for that “not in use” provision to be removed, as implementation of that requirement would be extremely difficult – and ultimately, the “not in use” provision was not included in the final published draft. HBAV also requested that language be inserted to state that minimization of exposure is not required in cases where the exposure to precipitation will not result in a discharge of pollutants. Many of the waste containers located on site contain materials that, when combined with precipitation, would not pose an environmental risk. That provision has been included in the final published draft.
- New requirement to submit nutrient credit purchase documentation with registration statement.
- Revised SWPPP inspection frequency to require inspection once every ten days and no later than 24 hours after storm event.
- A new condition that allows the delay of a stormwater pollution prevention plan inspection if adverse weather conditions cause safety concerns.
- New SWPPP requirements for construction activities discharging to waters impaired for PCB when activity includes demolition of a building greater than ten-thousand square feet and built or renovated prior to January 1, 1980.
Please feel free to contact me if you have any questions or comments on the proposed changes to the CGP. Thank you!
Andrew
--
Andrew C. Clark
Vice President, Government Affairs
Home Builders Association of Virginia
