Vol. 38 Iss. 16 - March 28, 2022

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Chapter 880
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-880, General VPDES Permit for Discharges of Stormwater from Construction Activities. The purpose of the proposed action is to reissue the existing general permit regulation, which expires on June 30, 2024, to continue to authorize stormwater discharges from construction activities through general permit coverage. The proposed regulatory action protects water quality in the Commonwealth of Virginia, which is essential to the health, safety, and welfare of Virginia's citizens and is needed to establish appropriate and necessary permitting requirements for discharges of stormwater from large and small construction activities. Under the federal Clean Water Act, these discharges are considered point source discharges and are subject to regulation under the Virginia Pollutant Discharge Elimination System (VPDES) permit program. The programmatic and technical requirements implemented by this general permit regulation are contained within the Virginia Stormwater Management Program Regulation (9VAC25-870). The proposed regulatory action authorizes discharges of stormwater from large and small construction activities and establishes the best management practices and control measures necessary to control such discharges. This regulatory action also implements the post-development water quality and water quantity design criteria as required in the Virginia Stormwater Management Program Regulation.

Changes to the existing general permit regulation include (i) updating the effective dates of the general permit to July 1, 2024, through June 30, 2029; (ii) clarifying permit requirements; and (iii) correcting typographical errors. Additional amendments may be identified following the submittal of public comments on this notice, through the work of the technical advisory committee, or to comply with federal requirements and watershed plans.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15:25 of the Code of Virginia.

Public Comment Deadline: April 27, 2022.

Agency Contact: Joseph Crook, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-8324, FAX (804) 698-4178, or email

VA.R. Doc. No. R22-7057; Filed March 04, 2022
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