Earlier this year, the Commonwealth of Virginia Department of Environmental Quality (DEQ) issued a guidance memorandum announcing revised notification procedures for the issuance of Virginia Pollutant Discharge Elimination System (VPDES), Virginia Pollution Abatement (VPA), and Virginia Water Protection (VWP) permits. Prior to the issuance of their revised notification procedures on March 18, 2011, local government, adjacent and/or riparian property owner notification was only required for new permits or major modifications to existing permits. Compliance with the new procedures versus these notifications for any permit modification, regardless of how minor it is, will increase in the time that it takes to process many minor permit modifications, as well as the need for project proponents to spend time and resources responding to additional public input.

Since implementation of the revised notification procedures, notification of local government, adjacent and/or riparian property owners is also required for minor permit modifications that include authorization of new permanent impacts in addition to the issuance of new VWP individual permits or major modifications thereto. Therefore, minor permit modifications that include authorization of new temporary impacts will not be subject to the revised notification procedures. Additionally, VWP general permit authorizations are not affected.

The revised notification procedures for VPDES permits affect individual permits for point source discharges (i.e. not construction stormwater general permits). VPA permits relate to the land application of biosolids, treated municipal wastewater or stabilized septage. Therefore, modification of revised notification procedures for these permits is not likely to affect individuals or organizations primarily concerned with infrastructure or site development.

For further information please contact Dan Lucey, Christie Blevins or Mark Headly.