A. Existing discharges shall meet the requirements of 9VAC25-415-40 within five years from April 2, 1997, unless exempted under subsection B, C or D of this section. New dischargers shall meet the requirements of 9VAC25-415-40 immediately.

B. Existing discharges with design flows less than 0.05 mgd shall be exempt from meeting the requirements of 9VAC25-415-40 until the completion of their next design flow expansion.

C. Failing septic systems. Existing residential homes, industrial and commercial operations, public facilities, and any other operation where a septic drain field system has failed shall be exempt from the requirements of 9VAC25-415-40, provided that the applicant demonstrates that it is not feasible to connect to a publicly-owned treatment plant and that there is no feasible alternative except to discharge. Discharge permits shall be issued in conformance with the Virginia Permit RegulationVirginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31-10 et seq.) and Virginia General Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons perPer Day (9VAC25-110-10 et seq.).

D. Other exemptions. The requirements of 9VAC25-415-40 shall not apply to the following types of discharges: combined sewer overflows, stormwater, corrective action remediation, and industrial discharges where BOD and nutrients are not primary pollutants of concern.