Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
State Water Control Board
 
chapter
General VPDES Permit for Discharges of Stormwater from Construction Activities (formerly Part XIV, 4VAC50-60) [9 VAC 25 ‑ 880]
Action Amend and Reissue the Construction Stormwater General Permit
Stage Proposed
Comment Period Ended on 12/28/2018
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12/28/18  4:18 pm
Commenter: Stormwater Risk Management

PCBs, Registration Statements, Transfer Agreements and the SWPPP
 

9VAC25-880-50.B.15 of the proposed permit indicates that the registration statement include information regarding whether the area disturbed will result in the demolition of structures equal to or greater than 10,000 sq.ft of floor space built or renovated prior to January 1, 1980.   Further in Part 1.B.4.b, this requirement is further explained to be for the management of PCB impairments, and are further required to be documented and managed within the SWPPP under Part II.B.6-7.

Similar to another comment I've provided, contractors often receive their permit through a transfer agreement, and often after the initial owner/developer has had a site cleared/demolished.  In this case, if the original registration statement indicates that the project needed appropriate management for PCB contamination, but the contractor, via transfer agreement, receives a cleared/abated site, will the contractor be required to develop a SWPPP with all of the requirements of Part II.B.6-7, or is there a way to either add additional language to these sections to describe that if PCB abatement/management is complete, then these sections no longer apply?   Alternatively, could the transfer agreement be updated to include a section that indicates that if the original permit/registration statement indicated that PCB contamination was in need of abatement/management, and that work has been completed prior to the completion of the transfer agreement, and in the development of the contractor's SWPPP, the requirements of Part II.B.6-7 no longer apply (e.g., II.B.6.b.(3) - modified inspection schedule in accordance with Part II.G.2.a)?

 

CommentID: 68940