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Permit No. VA0088641
Page 3 of 42
permittee's control, a written explanation of the circumstances that prevented permit compliance shall be
submitted to the Department in the annual report. Circumstances beyond the permittee’s control may include
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 permittee (operator error and failure to properly maintain equipment are not conditions beyond
the control of the permittee). The failure to provide adequate program funding, staffing or equipment
maintenance shall not be an acceptable explanation for failure to meet permit conditions. The Department will
determine, at its sole discretion, whether the reported information will result in an enforcement action. In
addition, the permittee must report noncompliance which may adversely affect surface waters or endanger
public health in accordance with Part III.I.
SPECIFIC REPORTING REQUIREMENTS:
Each annual report shall include a current list of roles and responsibilities.
Each annual report shall include a list of all circumstances of non-compliance outside of the
permittee’s control.
3. Legal Authority
The permittee shall maintain and utilize its legal authority authorized by the Commonwealth of Virginia to control
discharges to and from the MS4 in the manner established by the specific requirements of this state permit.
The legal authority shall enable the permittee to:
a) Control the contribution of pollutants to the MS4;
b) Prohibit illicit discharges to the MS4;
c) Control the discharge of spills and the dumping or disposal of materials other than stormwater (e.g.,
industrial and commercial wastes, trash, used motor vehicle fluids, leaf litter, grass clippings, animal
wastes, etc.) into the MS4;
d) Require compliance with conditions in ordinances, permits, contracts, inter-jurisdictional agreements, or
orders; and
e) Carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance and
noncompliance with permit conditions including the prohibition on illicit discharges to the MS4.
The permittee shall review and update its ordinances and other legal authorities such as permits, orders,
contracts, and inter-jurisdictional agreements as necessary to continue providing adequate legal authority to
control discharges to and from the MS4.
SPECIFIC REPORTING REQUIREMENTS:
Each annual report shall provide a list of any updates to applicable ordinances, permits, orders,
contracts, and/or agreements performed over the reporting year.
4. MS4 Program Resources
The permittee shall submit to the Department a copy of the permittee’s fiscal year’s budget including its
proposed capital and operation and maintenance expenditures necessary to accomplish the activities required
by this state permit. The permittee shall describe its method of funding the stormwater program with the copy
of the fiscal year budget.
SPECIFIC REPORTING REQUIREMENTS:Jump to an indexed page (43 of 43)