Proposed Text
A. Requests An application or request for a permit, permit modification, or general permit coverage shall not be processed until the fees required pursuant to this part are paid in accordance with 9VAC25-875-1340, unless the department approves an alternate payment schedule.
B. VPDES Permits for discharges of stormwater from construction activities.
1. The fees for new coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities or an individual permit, as specified in 9VAC25-875-1400, are due at the time an application is submitted. An application may include the submission of an ESM plan or stormwater management plan for review in accordance with 9VAC25-875-530, or a variance or exception request.
B. 2. Individual permit or general permit coverage maintenance fees, as specified in 9VAC25-875-1420, shall be paid annually to the department or the VESMP authority, as applicable, by April 1 of each year after the initial year of issuance, including owners whose individual permit or general permit coverage has been administratively continued. No permit will be reissued or automatically administratively continued without payment of the required fee. Individual permit or general permit coverage maintenance fees shall be applied until a notice of permit termination is effective.
3. Fees for modification or transfer of individual permits or of registration statements for coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities, as specified in 9VAC25-875-1410, are due at the time an application or request is submitted for a modification or transfer that occurs (and becomes effective) before the stated permit expiration date. There is no application fee for a modification or transfer that is made at the department's initiative.
C. VPDES Permits for MS4s.
1. The fees for issuance of a new MS4 individual permit or coverage under a MS4 General Permit, as specified in 9VAC25-875-1380, are due at the time an application is submitted.
2. Permit maintenance fees for MS4 individual permits or MS4 general permit coverages, as specified in 9VAC25-875-1420, are due by October 1 of each year. Effective April 1, 2014, any Any operator whose MS4 individual permit or MS4 general permit coverage, including operators whose permits MS4 individual permit or MS4 general permit coverages have coverage has been administratively continued, is effective as of April 1 of any given year shall pay the permit maintenance fee or fees to the department or the VESMP authority by October 1 of that same year.
Permit maintenance fees for discharges of stormwater from construction activities pursuant to 9VAC25-875-1420 are due by April 1 of each year. After approval of a VESMP authority, including the department when acting in that capacity, any owner whose permit or general permit coverage authorizing discharges of stormwater from construction activities, including owners whose permits or general permit coverages have been administratively continued, is effective as of the effective date of the VESMP authority shall pay the permit maintenance fee or fees to the department or the VESMP authority by April 1 of that same year.
3. When a modification of a MS4 individual permit is requested by the permittee, except as specifically exempt under 9VAC25-875-1320, the required fee as specified in 9VAC25-875-1390 is due at the time an application or request for modification is submitted.
A. The following total fees to be paid by an applicant apply to any operator seeking coverage under a General VPDES Permit for Discharges of Stormwater from Construction Activities or a state agency or federal entity that does not file standards and specifications or an individual permit issued by the department. On and after approval by the department or a VESMP authority for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities, no more than 50% of the total fee to be paid by an applicant set out in this part shall be due at the time that a stormwater management plan or an initial stormwater management plan is submitted for review in accordance with 9VAC25-875-530. The remaining total fee balance to be paid by an applicant shall be due prior to the issuance of coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities.
When a site is purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees ("total fee to be paid by applicant" column) in accordance with the disturbed acreage of the applicant's site according to the following table.
|
Fee type |
Total fee to be paid by applicant (includes both VESMP authority and department portions where applicable) |
Department portion of "total fee to be paid by applicant" (based on 30% of total fee paid*) |
|
Land-Disturbing Activity in a Chesapeake Bay Preservation Area (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than one acre) |
$290 |
$0 |
|
General / Stormwater Management - Small Construction Activity/Land-Disturbing Activity in a Chesapeake Bay Preservation Area (not subject to General Permit coverage)/Land Clearing (Single-family detached residential structures within or outside a common plan of development or sale with land-disturbance acreage less than five acres) |
$209 |
$0 |
|
General / Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale with land-disturbance acreage less than one acre, except for single-family detached residential structures) |
$450 |
$135 |
|
General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than one acre and less than five acres) |
$4,100 |
$1,230 |
|
General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than five acres and less than 10 acres) |
$5,100 |
$1,530 |
|
General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 10 acres and less than 50 acres) |
$6,800 |
$2,040 |
|
General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 50 acres and less than 100 acres) |
$9,100 |
$2,730 |
|
General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 100 acres) |
$14,300 |
$4,290 |
|
Individual VPDES Permit for Discharges of Stormwater from Construction Activities (This will be administered by the department) |
$24,000 |
$24,000 |
|
*If the project is completely administered by the department such as may be the case where the department is the VSMP authority, the VESMP authority for a state or federal project, or projects covered by individual permits, the entire applicant fee shall be paid to the department. |
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The following fees apply to coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities issued by the department for a state agency or federal entity that has standards and specifications approved by the department.
|
General / Stormwater Management - Phase I Land Clearing (Large Construction Activity - Sites or common plans of development equal to or greater than five acres) |
$1,200 |
|
General / Stormwater Management - Phase II Land Clearing (Small Construction Activity - Sites or common plans of development equal to or greater than one acre and less than five acres) |
$700 |
B. The amount of the permit fee due for a General VPDES Permit for Discharges of Stormwater from Construction Activities for a specified year as required by subsection A of this section shall be calculated according to the formulas in 9VAC25-875-1375 B.