Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
State Water Control Board
 
chapter
Virginia Erosion and Stormwater Management Regulation [9 VAC 25 ‑ 875]
Action Amend the regulations to change the statewide permit fee schedule in accordance with Chapter 2 of the 2024 Special Session I Acts of Assembly
Stage Proposed
Comment Period Ended on 10/10/2025
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9/9/25  2:14 pm
Commenter: David Ward

MS4 Annual Permit Maintenance fee exemptions
 

Clarification is needed for the following code concerning annual permit maintenance fees assessed to a VPDES facility issued a general permit.

Chapter 890. 
Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4s)

9VAC25-20-50. B.1 Exemptions below – to whom does this apply?

Section B. 1

B. No permit maintenance fees will be assessed to:

 1. VPDES and VPA facilities operating under a general permit.

Part VII. Virginia Pollutant Discharge Elimination System (VPDES) Permits

Article 1
Definitions

9VAC25-875-850. Definitions.

"Facility or activity" means any VPDES point source or treatment works treating domestic sewage or any other facility or activity, including land or appurtenances thereto, that is subject to regulation under the VPDES program.

Facilities designated as MS4 Operators are required to obtain an MS4 General Permit. The MS4 General Permit is derived from the EPA NPDES and also State VPDES Program. MS4s are VPDES Point Source facilities meeting the definition of "Facility and activity" in 9VAC25-875-850 above. These VPDES MS4 General Permits are issued pursuant to 9VAC25-890-40 not 9VAC25-875. 9VAC25-875 is only applicable to those localities electing to be a VESCP or VESMP, otherwise it is not entirely applicable. 

Laws

State Water Control Law authorizes DEQ to implement a variety of laws and regulations pertaining to water quality and water supply to improve and protect Virginia's streams, rivers, bays, wetlands and ground water for aquatic life, human health and other beneficial water use.

The U.S. Environmental Protection Agency (EPA) under the federal Clean Water Act enables states to implement certain EPA responsibilities. EPA has authorized Virginia to issue National Pollutant Discharge Elimination System permits under the Virginia Pollutant Discharge Elimination System Permit (VPDES) Program. These permits carry the weight of federal and state laws and regulations, and are enforceable under state and federal authority.

Regulations

The State Water Control Board promulgates Virginia's water regulations, including permits, permit fees, ground water management areas, ground water withdrawals and petroleum storage tanks. A report on specific regulations can be obtained from the following link to the Legislative Information System database, for each of the pertinent chapters listed in the Virginia Administrative Code. Summaries to federal requirements can be found at EPA water regulations.

CommentID: 237093