USVI Public Records

Document text

August 5, 2020 DIRECTIONS FOR APPLYING FOR MULTI-SECTOR GENERAL PERMIT Title 12 Virgin Islands Rules and Regulations Subchapter 184 refer to the Territorial Pollutant Discharge Elimination System (TPDES) Program, a permitting program derived from the Clean Water Act (CWA). Under this program, various permits are issued related to the discharge of wastewater, process water, or stormwater. One such permit is a TPDES Industrial Stormwater General Permit (Permit No. VIR050000) called the VI Multi-Sector General Permit (VI MSGP). It is a permit that applies to industrial activities that can be classified under one (or more) of 29 different industrial sectors (hence the name Multi-Sector) based on the SIC code classification. This permit was developed and issued on March 1, 2017. All existing and new operations/facilities that match the description in the General Permit need to apply for coverage under this permit. To apply, submit: ◼ A Notice of Intent (NOI) ◼ A Stormwater Pollution Prevention Plan (SWPPP) that meets the requirements set forth in the VI MSGP. This SWPPP will need to be either developed or reviewed by a Professional Engineer licensed in the VI, and then stamped by a Professional Engineer licensed in the VI. ◼ The Fee Form for the Multi-Sector General Permit with the application fee section completed ◼ Payment of the application fee as determined in the Fee Form Provided on our website (link below) are the VI MSGP, the NOI form, the SWPPP template that can be used to develop your specific SWPPP, and the Fee Form. Once you have the NOI and SWPPP developed and stamped by a P.E. licensed in the VI, you would normally submit them to DPNR-DEP, along with your Fee Form and payment, and it will begin the application and issuance process. The following is a list of all documents needed to properly prepare and submit a complete application for coverage under the VI MSGP: 1. 2017 General Permit VIR050000 (VI MSGP): Make sure to read the permit fully, including all the appendices, and determine what will need to be submitted in order to apply for coverage. It is of utmost importance that this permit is read and understood by the applicant, as coverage under this permit requires the Permittee to adhere to its requirements, and failure to do so may result in enforceable action. 2. The appendices of the General Permit VIR050000 covers ESA Review Procedures required to obtain coverage under VIR050000. In order to expedite the application, instead of the applicant setting up an ESA inspection and then submitting the application to be reviewed, DEP will share your application (sans ESA Review Letter and criteria determination) with Fish & Wildlife so they can perform the ESA inspection while the package is being reviewed. The site inspection will optimally be scheduled so it can be performed by any interested parties (DEP, F&W, Historical August 5, 2020 Offices) concurrently. After the inspection, F&W will submit its ESA Review Letter and SHPO (Historical) will submit its historical review to DEP to complete the submission package and allow DEP to finish the review. After full review, either a deficiency letter will be sent, or a letter stating it is complete and coverage will be issued. . 3. NOI: The Notice of Intent (NOI) is the primary form to fill out, providing DPNRDEP with your (the applicant) intent to be covered under the TPDES General Permit VIR050000. DPNR-DEP uses customized forms not yet available via the website. An electronic version can be emailed upon request. 4. Fee Form: This form is on DPNR’s website and is used to calculate your application fee. Subsequently, you will use the same form to determine and pay your annual discharge fee for each year in which you have a permit. A different section should be filled out depending on whether you are paying an application fee or your annual discharge fee. The Fee Form must be accompanied by payment of your application fee. 5. SWPPP: A Storm Water Pollution Prevention Plan (SWPPP) must be submitted along with the NOI form, and must meet all the requirements found in the permit VIR050000. The SWPPP can be created from scratch, but an template can be provided that assists the applicant in addressing all the requirements found in the permit VIR050000. 6. Hydrology Report & Associated Paperwork: A hydrology study must be submitted with the SWPPP, showing all relevant calculations for pre- and postdevelopment, along with calculations for BMP design. Furthermore, relevant maps, designs, schematics, and drawings must be included to show all relevant information described in the hydrology report and SWPPP. ANNUAL DISCHARGE FEE: Starting in 2020, you must pay an annual discharge fee. The first annual discharge fee is due October 1, 2020. After that, the annual discharge fee will be due March 31st of each year. You will not receive a bill for your annual discharge fee. Instead, determine your annual discharge fee by completing the relevant sections in the Fee Form for a Multi-Sector General Permit on DPNR’s website. Submit your completed form and payment to DPNR at the address given on the form by the due date. If you submit your payment by mail, DPNR will send you a receipt acknowledging your payment and, subsequently, verify your fee payment determination. WHEN YOU COMPLETE CONSTRUCTION: When construction is complete and you are ready to terminate coverage under the permit, you must submit a Notice of Termination (NOT) (on DPNR’s website). Please note that until this form is submitted, you are considered still under the permit and must perform the required inspections and follow all permit requirements. If you need assistance, please contact Mary Stiehler at (340) 774-3320 or mary.stiehler@dpnr.vi.gov. The Water Pollution Control Program on DPNR’s website: https://dpnr.vi.gov/environmental-protection/water-pollution-control-program/