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9VAC25-32-260. General VPA permits.

The board may issue a general VPA permit in accordance with the following:

1. Sources. A general VPA permit may be written to regulate a category of pollutant management activities that:

a. Involve the same or similar types of operations;

b. Manage the same or similar types of wastes;

c. Require the same VPA permit limitations or operating conditions;

d. Require the same or similar monitoring; and

e. In the opinion of the board, are more appropriately controlled under a general VPA permit than under individual VPA permits.

2. Administration.

a. General VPA permits will be issued, modified, revoked and reissued, or terminated pursuant to the law and the Administrative Process Act ( 2.2-4000 et seq. of the Code of Virginia).

b. The board may require any person operating under a general VPA permit to apply for and obtain an individual VPA permit. Interested persons may petition the board to take action under this subdivision. Cases where an individual VPA permit may be required include the following:

(1) Where the pollutant management activity is a significant contributor of pollution;

(2) Where the owner is not in compliance with the conditions of the general VPA permit;

(3) When a water quality management plan containing requirements applicable to the pollutant management activity is approved; or

(4) When a permitted activity no longer meets the general VPA permit conditions.

c. Any owner operating under a general VPA permit may request to be excluded from the coverage of the general VPA permit by applying for an individual VPA permit.

d. When an individual VPA permit is issued to an owner the applicability of the general VPA permit to the individual permittee is automatically terminated on the effective date of the individual VPA permit.

e. When a general VPA permit is issued which applies to an owner already covered by an individual VPA permit, such owner may request exclusion from the provisions of the general VPA permit and subsequent coverage under an individual VPA permit.

f. A general VPA permit may be revoked as to an individual owner for any of the reasons set forth in 9VAC25-32-210 or subdivision 2 b of this section subject to appropriate opportunity for a hearing.

Statutory Authority

62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

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