DEQ issues the following two types of MS4 permits:
Small MS4 General Permits are typically issued to Phase II dischargers and have standardized requirements, while Individual Permits are customized for the specific need and site conditions of the larger Phase I localities. Broadly speaking, regulating discharges of stormwater from small MS4s through the issuance of a General Permit regulation is a more streamlined approach as compared with the activities of the larger Phase 1 MS4 programs.
Total Maximum Daily Load Action Plan
All MS4 permit operator entities, as a Special Condition of their permit, are required to develop and implement a Total Maximum Daily Load (TMDL) Action Plan according to Guidance Document GM-16-2006. TMDL Action Plans are required as a special condition of the both the general and individual MS4 permits issued by DEQ. TMDL Action Plans ensure MS4 permittees address all pollutants of concern for which the permittee has been assigned a waste load allocation (WLA) under an approved TMDL. TMDL Action Plans should identify best management practices and other management strategies that the permittee will implement to meet the TMDL WLA and achieve compliance with the Special Condition. TMDL Action Plans can be implemented in multiple stages over multiple permit cycles using an adaptive, iterative approach provided the permittee demonstrates adequate progress toward achieving reductions necessary to meet the WLA(s).
General Permit
The Small MS4 General Permit is adopted as a regulation within the Virginia Administrative Code. Currently, there are 100 Phase II MS4 operator entities covered in the General Permit comprised of the following:
- 33 localities,
- 23 colleges/universities,
- 6 state and federal hospitals and correctional facilities,
- 4 public school systems,
- 2 state and federal historic lands.
Under the general permit, small MS4s must develop, implement, and enforce an MS4 Program Plan that includes the following six minimum control measures:
- Public education and outreach on stormwater impacts
- Public involvement and participation
- Illicit discharge detection and elimination
- Construction site stormwater runoff control
- Post-construction stormwater management in new development and redevelopment
- Pollution prevention/good housekeeping for municipal operations
Yearly, permittees are required to submit an annual report to the DEQ detailing their compliance with the permit requirements. This may include information on stormwater management practices, water quality monitoring results, education, and outreach efforts, TMDL Action Plan Compliance, and other relevant information.
General MS4 Permit Coverage
To apply for general permit coverage, a complete registration statement, application fee form and the appropriate fee must be submitted to DEQ. Note that application fees are only required of new applicants. DEQ encourages submission of registration statements and supporting materials electronically through the
myDEQ Portal. Applicants may register for access to myDEQ Portal using the link above. The site provides instructions and FAQs for accessing the portal and a button for initiating the registration process. Once registered in myDEQ Portal, an applicant can request access to the Small MS4 General Permit registration statement by clicking on “Request Access” under Quick Links on the portal dashboard.
The original fee form and fee should be mailed to:
Virginia Department of Environmental Quality
Receipts Control
P.O. Box 1104
Richmond, VA 23218
Individual permits
Like the Small MS4 General Permit, Individual Permits must be written and implemented to control the discharge of pollutants from their storm sewer system to the maximum extent practicable in a manner that protects the water quality in nearby streams, rivers, wetlands and bays. Under these permits, the MS4 Phase I locality must implement a collective series of programs to reduce the discharge of pollutants from the given storm sewer system to the maximum extent practicable in a manner that protects the water quality of nearby streams, rivers, wetlands, and bays. In additional to implementing a TMDL Action Plan, the following elements are included within an Individual Permit:
- Operate and maintain structural stormwater controls.
- Identify, monitor, and control discharges from municipal waste treatment, storage, or disposal facilities.
- Implement an inspection program to enforce ordinances, which prohibit illicit connections and illegal dumping into the MS4.
- Implement standard investigative procedures to identify and terminate sources of illicit connections or discharges.
- Limit the infiltration of sanitary seepage into the MS4.
- Identify, monitor, and control discharges from municipal landfills; hazardous waste treatment, storage, disposal, and recovery facilities; facilities subject to EPCRA Title III, Section 313; and any other industrial or commercial discharge the permittee determines to be contributing a substantial pollutant loading to the MS4.
- Control pollutants in construction site runoff.
- In-Stream and Wet Weather Monitoring to characterize stormwater discharge.
Individual Permits are active for five years. Approximately 180 days prior to permit expiration, DEQ begins working with the permitees to initiate the permit reissuance process. Currently, there are 11 Phase I localities with a Phase I Individual Permit:
- Arlington County,
- Chesterfield County,
- City of Chesapeake,
- City of Hampton,
- City of Newport News,
- City of Norfolk,
- City of Portsmouth,
- City of Virginia Beach
- Fairfax County,
- Henrico County, and
- Prince William County.
Permittees are required to submit an annual report to DEQ detailing their compliance with the permit requirements. This may include information on stormwater management practices, water quality monitoring results, education, and outreach efforts, TMDL Action Plan Compliance, and other relevant information.
