CGP No Action Assurance Policy 8 4 2020
GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS ATA 7 eeeuaee DEPARTMENT OF PLANNING AND NATURAL RESOURCES Charles W. Turnbull Regional Public Library 4607 Tutu Park Mall St. Thomas, U.S. Virgin Islands 00802 Office of the Commissioner Telephone: (340) 774-3320 MEMORANDUM DATE: Au stin F, Callwood Director, Division of Environmental Protection Marlon Hibbert Mach Voted Director, Division of Coastal Zone Management Douglas Hodge ® — Director, Divisi Building Permits FROM: Jean-Pierre L. Oriol se Commissioner SUBJECT: No Action Assurance Policy: TPDES General Permit for Stormwater Discharges Associated with Construction Activity TO: This memorandum is to inform you of the Department of Planning and Natural Resources’ (DPNR or Department) current approach to addressing a gap in permit coverage due to the lack of a current TPDES General Permit for Stormwater Discharges from Construction Activity (CGP). …
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GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS ATA 7 eeeuaee DEPARTMENT OF PLANNING AND NATURAL RESOURCES Charles W. Turnbull Regional Public Library 4607 Tutu Park Mall St. Thomas, U.S. Virgin Islands 00802 Office of the Commissioner Telephone: (340) 774-3320 MEMORANDUM DATE: Au stin F, Callwood Director, Division of Environmental Protection Marlon Hibbert Mach Voted Director, Division of Coastal Zone Management Douglas Hodge ® — Director, Divisi Building Permits FROM: Jean-Pierre L. Oriol se Commissioner SUBJECT: No Action Assurance Policy: TPDES General Permit for Stormwater Discharges Associated with Construction Activity TO: This memorandum is to inform you of the Department of Planning and Natural Resources’ (DPNR or Department) current approach to addressing a gap in permit coverage due to the lack of a current TPDES General Permit for Stormwater Discharges from Construction Activity (CGP). Obtaining coverage under the CGP is the mechanism operators of regulated construction activities use to meet their obligation to obtain a TPDES permit under the Water Pollution Control Act for stormwater discharges from construction activity and small construction activity. The CGP issued in 2012 under the Territorial Pollutant Discharge Elimination System (TPDES) Water Pollution Control Program expired on November 30, 2017. The Division of Environmental Protection (DEP) is in the process of re-issuing the CGP, which will take approximately six (6) more months. Operators that obtained coverage for construction projects under the 2012 CGP prior to its expiration date have been automatically granted an administrative continuance of permit coverage and are required to continue to comply with the 2012 CGP until they submit a Notice of Termination (NOT) or DPNR issues a new CGP. Any operator that begins or began discharging storm water associated with No Action Assurance Policy Construction General Permit small construction activity. This No Action Assurance Policy does not apply to criminal violations or to situations where egregious circumstances exist which may cause serious harm or which may present an imminent and substantial endangerment to public health or the environment, or where neither best management practices nor stormwater pollution prevention controls are in place to protect public health or the environment. DPNR also reserves the right, at any time, to exercise its discretion to address a specific discharge should circumstances warrant. This No Action Assurance Policy for operators with New Projects will terminate 60 days after DPNR issues a revised CGP or such later time as specified in the CGP. DPNR also reserves the right to withdraw or revise this No Action Assurance Policy at any time. If you have any questions about this matter, please contact Austin Callwood, Director of the Division of Environmental Protection, via email at austin.callwood@vi.gov. cc: Mary Stiehler, Water Program Manager, DEP Jedidah Morrell, Legal Counsel, DEP