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Permit No. VA0088641
Page 5 of 42
accordance with the following procedures:
1) Adding (but not eliminating or replacing) components, controls, or requirements to the MS4 Program
Plan may be made by the permittee at any time. Additions shall be reported as part of the annual
report.
2) Updates and modifications to specific standards and specifications, schedules, operating
procedures, ordinances, manuals, checklists and other documents routinely evaluated and modified
are authorized under this state permit provided that the updates and modifications are performed in
a manner (i) that is consistent with the conditions of this state permit, (ii) that ensure public notice
and participation requirements established in this state permit are followed, and (iii) that the updates
and modifications are documented in the annual report.
3) Replacing, or eliminating without replacement, any ineffective or infeasible strategies, policies and
Best Management Practices (BMPs) specifically identified in this state permit with alternate
strategies, policies and BMPs may be requested at any time. Such requests shall include the
following:
(a) An analysis of how and /or why the BMPs, strategies or policies are ineffective or infeasible
including information on whether the BMPs, strategies or policies are cost prohibitive;
(b) Expectations on the effectiveness of the replacement BMPs, strategies or policies;
(c) An analysis of how the replacement BMPs are expected to achieve the goals of the BMPs to
be replaced;
(d) A schedule for implementing the replacement BMPs, strategies and policies; and
(e) An analysis of how the replacement strategies and policies are expected to improve the
permittee’s ability to meet the goals of the strategies and policies being replaced.
Requests or notifications shall be made in writing to the Department and signed in accordance with
9VAC25-870-370 of the VSMP regulations. Modification to the MS4 Program Plan shall become effective
and enforceable upon written approval from the Department. Major modifications to the MS4 Program
Plan as defined in 9VAC25-870-610 may require that the permit be reopened and modified pursuant to
9VAC25-870-630.
b) MS4 Program Updates Requested by the Department of Environmental Quality:
In a manner and following procedures in accordance with the Virginia Administrative Processes Act, the
VSMP Regulation and other applicable State laws, statutes and regulations, the Department may request
changes to the MS4 Program Plan to assure compliance with the statutory requirements of the Virginia
Stormwater Management Act and associated regulations and to:
1) Address impacts on receiving water quality caused by discharges from the MS4;
2) Include more stringent requirements necessary to comply with new State or Federal statutory or
regulatory requirements; or
3) Include such other conditions necessary to comply with State or Federal statutory or regulatory
requirements.
Proposed changes requested by the Department shall be made in writing and set forth the basis for and
objective of the modification as well as the proposed time schedule for the permittee to develop andJump to an indexed page (43 of 43)