The Virginia VPDES Industrial Stormwater General Permit (VAR05) is the state permit that lets a factory, mine, landfill, scrap yard, or other industrial site legally send rainwater runoff into streams, rivers, and storm sewers. The owner of the facility files a Registration Statement with the Virginia Department of Environmental Quality to get covered under this permit, which runs on a five-year cycle.
The current cycle took effect on July 1, 2024, and runs through June 30, 2029. The form used to apply is DEQ Water Form SWGP-VAR05-RS, and the underlying rule is the VAR05 regulation at 9VAC25-151. Industrial stormwater is a major pollution source nationwide, and runoff from industrial sites can carry metals, oil, and sediment straight into local waters, which is why the U.S. EPA estimates tens of thousands of facilities fall under this kind of permit. Getting the form wrong can stall your coverage for months or expose you to penalties for discharging without a permit.
Here is what you will learn in this guide:
- 📋 What the VAR05 permit is, who must file, and the exact form to use
- 🗂️ Every document, map, and number you must gather before you start
- ✍️ A line-by-line walkthrough of all 14 items on the Registration Statement
- 🏭 Three full filled-out examples for a new shop, a renewing plant, and a closing site
- ⚠️ The mistakes, deadlines, and fees that trip up most filers
What the VAR05 Permit Is and Who Must File It
The VAR05 permit is Virginia’s general permit for stormwater discharges associated with industrial activity. It is the state’s version of the federal Multi-Sector General Permit, run under the Virginia Pollutant Discharge Elimination System. The permit lets DEQ control what flows off your site when it rains, without forcing every plant to negotiate its own individual permit.
The owner of any new or existing facility that discharges industrial stormwater through a point source to surface waters, or through a municipal separate storm sewer system, may request coverage under this general permit. The VAR05 instructions tie eligibility to a list of industrial sectors, labeled Sector A through Sector AD, that span timber, paper, chemicals, metals, mining, transportation, food, and more. If your site fits one of those sectors and rain touches your industrial areas, you almost certainly need this permit.
The agency that receives the form is DEQ, and the statute that requires it is the State Water Control Law backed by the federal Clean Water Act. The deadline is tied to your discharge date, and the penalty for skipping coverage is steep. Discharging industrial stormwater without a permit is unlawful and can draw civil penalties under both state and federal law.
A common misconception is that only large heavy-industry plants need this permit. In truth, small operations such as a recycling yard, a ready-stored bulk petroleum terminal, or a single sawmill can trigger coverage just as fast as a steel mill.
Before You Start: Documents and Information You Need
Filling out the Registration Statement goes faster when you gather everything first. The form asks for legal names, site data, maps, and codes that you should not guess at. Missing even one item can make DEQ mark your application incomplete and pause the clock.
Here is your pre-filing checklist. Each item matters, and skipping one has a direct cost.
- Legal name of the facility owner. DEQ records the permit under this exact entity, and a wrong or colloquial name can tie the permit to the wrong party.
- Legal name of the operator, if different from the owner. The operator controls daily operations, and leaving this out muddies who is responsible for compliance.
- The facility’s 911 street address and county. DEQ routes your file to the correct Regional Office by location, and a P.O. Box alone can misroute it.
- Names of all receiving waters. DEQ checks these against water quality standards, and a blank here blocks the antidegradation review.
- MS4 owner name, if you discharge to a storm sewer. You must notify that MS4 owner within 30 days, and missing the name delays that required notice.
- Any existing VPDES permit numbers. DEQ links your history through these, and omitting them can create duplicate or conflicting records.
- Up to four SIC codes or 2-letter activity codes. These set which sector rules apply, and a wrong code can place you under the wrong monitoring requirements.
- A completed Stormwater Pollution Prevention Plan (SWPPP). New and certain transferring facilities must have a written SWPPP ready before filing, and filing without one is a false certification.
- A USGS topographic location map and a detailed site map. DEQ needs both to verify outfalls, and a missing map makes the application incomplete.
- A $500 check and the Permit Application Fee Form. Coverage will not process until the fee form and payment reach DEQ Receipts Control.
Where to Get the Form and How to Access It
You get the Registration Statement straight from DEQ. The official PDF is the VAR05 Registration Statement, Form SWGP-VAR05-RS, and it carries a revision marker of 7/14 in the footer. Always confirm you are using the current form before you start, since DEQ updates packages at each five-year reissuance.
The form lives on DEQ’s water permitting pages, and the related industrial stormwater rule sits in the Virginia Administrative Code at 9VAC25-151. The fee paperwork comes separately, through the DEQ Water Division Permit Fee Form. Download all three at once so you are not hunting for documents mid-filing.
You can complete the form by typing into the PDF or by printing and writing on it. The instructions ask you to Please Type or Print All Information, so legible entries matter. If you need more room than a box allows, attach extra sheets and label them by item number.
A nuance worth noting is that the Registration Statement and the fee travel to different places. The signed form goes to your DEQ Regional Office, while the check goes to DEQ Receipts Control in Richmond. A common mistake is mailing both to the same address, which can delay processing while staff reroute the payment.
Step-by-Step: How to Fill Out Form SWGP-VAR05-RS Line by Line
The Registration Statement has 14 numbered items plus a state-use box at the bottom. Work through them in order. Use the exact field labels printed on the form, write NA where an item does not apply, and never leave a box blank, since blanks make DEQ deem your application incomplete.
Item 1a: Facility Owner
This box asks who legally owns the facility. Enter the legal name of the person, firm, public organization, or other entity that owns the site, then add the mailing address, city, state, ZIP, phone, and email where available.
Write the full legal name, not a nickname or trade name. Riverbend Metal Works, LLC writes its name exactly as registered with the State Corporation Commission, then lists its corporate mailing address.
A nuance is that the owner’s mailing address can differ from the facility’s street address, and that is fine here. The mailing box is for where the owner receives mail, even a P.O. Box.
A common mistake is entering a colloquial or doing-business-as name instead of the legal entity, which can tie the permit to a party that does not legally exist. People also wrongly believe the owner and operator must be the same; they often are not, which is why Item 1b exists.
Item 1b: Operator Applying For Permit Coverage (if different than 1a)
This box asks for the operator, meaning the legal entity that controls the facility’s daily operation, when that party is not the owner. Complete the name, mailing address, city, state, ZIP, phone, and email only if the operator differs from Item 1a.
If the owner runs the site, write NA or leave it consistent with 1a per your DEQ office’s guidance. When a separate company runs the plant, enter that company, such as Tidewater Operations Inc. managing a site owned by a holding company.
A nuance is that long-term lease arrangements often make the lessee the operator, so read your contract before deciding who controls operations. The operator is the one with hands on the day-to-day controls.
A common mistake is naming a site manager as the operator instead of the legal company, which confuses who holds compliance duty. A misconception is that listing an operator shifts all liability off the owner; the owner usually remains responsible under the permit.
Item 2: Facility Information
This item asks for the facility itself, including the official site name, the 911 street address, city, state, ZIP, FAX number, county name, a contact name, contact phone, and email where available. This is the physical place where the industrial activity happens.
Use the real street address, not a mailing P.O. Box, because DEQ routes the permit by physical location. Riverbend Metal Works enters 1450 Foundry Road, Roanoke, VA 24016, Roanoke County and names Dana Cole as the contact.
A nuance is the county name field, which DEQ uses to assign your DEQ Regional Office. A site near a city line may sit in a county different from its mailing city, so verify it.
A common mistake is entering a P.O. Box as the street address, which can misroute the file to the wrong Regional Office and delay review. A misconception is that the facility contact must be an officer; it can be any knowledgeable site staffer who can answer DEQ questions.
Item 3: Nature of Business
This item asks for a short, plain description of what the business does at the site. One or two clear sentences is enough.
Describe the actual industrial work, not marketing language. Riverbend Metal Works writes Fabrication of structural steel components, including cutting, welding, and outdoor storage of raw and finished metal.
A nuance is that you should mention any major co-located activities, such as on-site fueling or scrap storage, because those can pull in extra sector rules. The description should match the codes you pick in Item 8.
A common mistake is a vague entry like manufacturing, which forces DEQ to follow up and slows review. A misconception is that this box is unimportant; DEQ uses it to sanity-check your sector and outfall claims.
Item 4: Names of the Receiving Waters
This item asks for the names of all waters that receive your industrial stormwater discharges. List each one, using the examples the form gives, such as Clear Creek or unnamed tributary to Dragon Run.
Name every receiving water, even unnamed tributaries. Riverbend Metal Works writes Roanoke River and unnamed tributary to Roanoke River for its two outfalls.
A nuance is that an unnamed stream still needs a description tied to the next named water downstream. DEQ uses these names to run the antidegradation and impaired-waters checks in the state-use box.
A common mistake is listing the city storm drain instead of the natural water it flows to, which understates the true receiving water. A misconception is that runoff to a ditch does not count; that ditch usually carries to a named stream, which is the receiving water.
Item 5: Discharges to a Municipal Separate Storm Sewer System (MS4)
This item asks whether any discharge passes through an MS4, a publicly owned storm sewer system. Check Yes or No, and if Yes, name the MS4 owner, such as a city, county, or VDOT.
Check the box honestly and name the operator. Riverbend Metal Works checks Yes and lists City of Roanoke as the MS4 owner for one outfall that drains to a municipal storm drain.
A nuance flagged on the form is Special Condition 13, which requires you to notify the MS4 owner in writing within 30 days of coverage. That notice must include the facility name, a contact and phone, the discharge location and nature, and your VAR05 registration number, with a copy to DEQ.
A common mistake is checking No when a roadside VDOT ditch actually carries the runoff, which skips the required MS4 notice. A misconception is that DEQ sends the MS4 notice for you; the permittee must send it.
Item 6: Existing VPDES Permits
This item asks for the permit numbers of any VPDES permits already issued to the facility. List each number, or write NA if none exist.
Pull the numbers from prior coverage letters. A plant renewing coverage enters its current registration number, such as VAR051234.
A nuance is that a facility may hold a separate wastewater VPDES permit alongside stormwater coverage, and both numbers belong here. Listing all of them keeps your records linked.
A common mistake is leaving this blank on a renewal, which can break the link to your file history. A misconception is that only stormwater permits count; any VPDES permit at the site should be listed.
Item 7: Stormwater Pollution Prevention Plan (SWPPP)
This item asks whether a SWPPP has been prepared, but only for a new facility, a facility leaving an expiring individual permit, or an existing facility not currently covered by a VPDES permit. Check Yes or No.
Those filers must prepare and implement a written SWPPP before submitting the form, under 9VAC25-151-70. A brand-new shop checks Yes only after its SWPPP is written and in place.
A nuance is that you do not mail the SWPPP with the Registration Statement; you keep it on site and make it available to DEQ on request. The plan maps your pollution sources and the controls you use.
A common mistake is checking Yes before the SWPPP truly exists, which is a false certification with penalty exposure. A misconception is that the SWPPP is a one-time document; it is a living plan you update as the site changes.
Item 8: Facility SIC Codes
This item asks for up to four 4-digit Standard Industrial Classification codes or 2-letter Industrial Activity Codes that best represent your principal products, services, and major co-located activities. The 2-letter codes are HZ, LF, SE, and TW.
Pick the codes that match your real operations using the form’s Table 1. Riverbend Metal Works enters 3441 for fabricated structural metal, which maps to Sector AA.
A nuance is that co-located activities may add a second code, such as 5093 for an on-site scrap operation. You may list up to four, so cover each major activity.
A common mistake is choosing a code that does not match the work, which can place you under the wrong sector’s monitoring rules. A misconception is that one code always covers a site; many facilities legitimately need two or more.
Item 9: Applicable Industrial Sectors
This item asks you to attach a list naming every applicable industrial sector and the outfalls tied to each, then answer seven sector-specific sub-questions, lettered a through g. The sectors run A through AD in Table 1.
Match your outfall numbers to the site map and answer only the sub-questions that apply. Riverbend Metal Works attaches a list stating Sector AA, Outfalls 001 and 002, then writes NA for the landfill, timber, coal, asphalt, cement, scrap-metal, and airport sub-questions that do not fit.
A nuance is that sub-question c on coal storage piles applies to all facilities, not just one sector, so check whether any outfall touches coal storage. The lettered items target high-risk activities like deicing and wet decking.
A common mistake is skipping the attached sector list, which makes the application incomplete. A misconception is that you answer every sub-question; you answer only those that match your activities and mark the rest NA.
Item 10: Facility Area Information
This item asks for four area figures in acres: the total facility area, the area of industrial activity, the total impervious area of that industrial activity, and the area draining to each industrial outfall. Outfall numbers must match the site map.
Measure carefully and report acres, not square feet. Riverbend Metal Works lists 6.5 total acres, 4.0 acres of industrial activity, 3.2 impervious acres, and 2.0 acres to Outfall 001, 2.0 acres to Outfall 002.
A nuance is that impervious area means hard surfaces like roofs and paving that shed water fast, which drives runoff volume. Get this from your site plan or a GIS measurement.
A common mistake is reporting the whole parcel as industrial when only part is, which overstates your regulated area. A misconception is that landscaped or wooded buffer land counts as industrial activity area; it usually does not.
Item 11: Required Maps to Attach
This item requires two maps. First, a general location map, meaning a USGS 7.5 minute topographic map or equivalent that shows the facility and surrounding area. Second, a site map showing property boundaries, all industrial activity areas, all stormwater outfalls, and all receiving water bodies.
Number each outfall with a unique code such as Outfall No. 001. Riverbend Metal Works attaches a topo excerpt plus a site map marking 001 at the north fence line and 002 at the river edge.
A nuance for renewals is that your outfall numbers should match what you submitted before, so DEQ can track the same points over time. Keep numbering consistent across the form, the maps, and the SWPPP.
A common mistake is sending a site map without outfalls marked, which forces DEQ to return it. A misconception is that a hand sketch is fine; the location map must be a USGS topo or a clear equivalent computer-generated map.
Item 12: New Facilities in the Chesapeake Bay Watershed After June 30, 2014
This item asks whether you are a new facility that began construction after June 30, 2014, sits in the Chesapeake Bay watershed, and is seeking first-time coverage. Check Yes or No, and if Yes, attach the required documentation.
If Yes, you must show no net increase in phosphorus, either staying under the predevelopment load or under 0.41 pounds per acre per year, using the Virginia Runoff Reduction Method. A new plant near Fredericksburg checks Yes and attaches its phosphorus calculations and BMP details.
A nuance is that you may add non-industrial land on the site to the calculation, or use a pollutant trading or offset program under the Code of Virginia. The point is meeting the no-net-increase target, not a single fixed method.
A common mistake is checking Yes without attaching the calculations, which blocks coverage until you supply them. A misconception is that this applies statewide; it applies only inside the Chesapeake Bay watershed for post-2014 new construction.
Item 13: Signature and Certification
This item is the sworn certification, where a signer attests under penalty of law that qualified people gathered the information and that it is true, accurate, and complete. Enter the print name, title, signature, and date.
The signer must have proper authority, set by entity type. For a corporation, a responsible corporate officer signs; for a partnership or sole proprietorship, a general partner or the proprietor signs; for a public facility, a principal executive officer or ranking elected official signs. Dana Cole, vice-president of Riverbend Metal Works, signs and dates the form.
A nuance flagged on the form is that if a Plant Manager signs, you must attach written proof that signing authority was delegated under corporate procedures. Without it, DEQ may reject the signature.
A common mistake is having an unauthorized staffer sign, which voids the certification and stalls the permit. A misconception is that this signature is a formality; false statements here carry fines and possible imprisonment.
Item 14: Electronic Delivery of Your Permit
This item asks whether you want your permit delivered electronically. Check Yes or No, and if Yes, list the email address where DEQ should send it.
Choosing electronic delivery speeds up receipt. Riverbend Metal Works checks Yes and lists permits@riverbendmetal.com.
A nuance is that a shared mailbox can be safer than one person’s address, since staff turnover will not strand your permit. Pick an address that stays monitored.
A common mistake is listing an address with a typo, which can send your permit into the void. A misconception is that electronic delivery changes legal status; it only changes how you receive the document.
For DEQ Use Only
The bottom box is for DEQ staff and should be left blank by the filer. DEQ records who accepted the form, the date, the basin, stream class, section, and special standards, and checks antidegradation, impaired waters, and TMDL status.
Leave every field here empty. DEQ completes it during review.
A nuance is that the TMDL and impaired-waters checks here can trigger extra conditions on your coverage, so the receiving waters you named in Item 4 matter. The cleaner your Item 4 entry, the smoother this review.
A common mistake is writing in this box, which can confuse staff. A misconception is that this section is irrelevant to you; its outcomes shape the conditions you must follow.
Three Filled-Out Examples Using Real Scenarios
Below are three common ways facilities use the VAR05 form. Each follows one named filer through the key items. These illustrate a new applicant, a renewal, and a termination so you can see how entries change with the situation.
Scenario 1: New Metal Fabrication Shop Seeking First Coverage
Maria Santos owns a brand-new structural steel shop in Roanoke and is applying for first-time coverage. She prepared her SWPPP before filing.
| Form Section | What Maria Enters |
|---|---|
| Item 1a Facility Owner | Santos Steel Fabrication, LLC, Roanoke, VA |
| Item 1b Operator | NA (owner operates the site) |
| Item 2 Facility Information | Santos Steel, 1450 Foundry Road, Roanoke, VA 24016, Roanoke County |
| Item 3 Nature of Business | Cutting, welding, and outdoor storage of structural steel |
| Item 4 Receiving Waters | Roanoke River; unnamed tributary to Roanoke River |
| Item 7 SWPPP Prepared | Yes |
| Item 8 SIC Codes | 3441 |
| Item 11 Maps | USGS topo map plus site map with Outfall 001, 002 |
| Item 13 Certification | Signed by Maria Santos, President |
Scenario 2: Existing Plant Renewing Coverage at Reissuance
David Chen manages a paperboard plant that has held VAR05 coverage for years and is renewing for the 2024–2029 cycle.
| Form Section | What David Enters |
|---|---|
| Item 1a Facility Owner | Chen Paperboard Inc., Richmond, VA |
| Item 2 Facility Information | Chen Paperboard Mill, 88 Mill Lane, Richmond, VA 23234, Henrico County |
| Item 3 Nature of Business | Manufacture of paperboard containers from recycled fiber |
| Item 4 Receiving Waters | James River |
| Item 6 Existing VPDES Permits | VAR051234 |
| Item 7 SWPPP Prepared | NA (already covered, not a new or transferring facility) |
| Item 8 SIC Codes | 2631 |
| Item 11 Maps | Site map with same outfall numbers as prior cycle |
| Item 13 Certification | Signed by David Chen, Vice-President |
Scenario 3: Facility Terminating Coverage After Closing
Janet Wells owns a scrap recycling yard that has shut down, and she files a Notice of Termination, Form SWGP-VAR05-NOT.
| Form Section | What Janet Enters |
|---|---|
| NOT Item 1 Owner Information | Wells Recycling, LLC, Norfolk, VA |
| NOT Item 2 Facility Information | Wells Scrap Yard, 12 Harbor Road, Norfolk, VA 23510 |
| NOT Item 3 Registration Number | VAR055678 |
| NOT Item 4 Reason for Termination | Operations have ceased; no longer any industrial stormwater discharge |
| NOT Item 5 Certification | Signed by Janet Wells, Owner |
| Print Name | Janet Wells |
| Title | Owner |
| Phone Number | 757-555-0144 |
How to File the Completed Form
You can file the signed Registration Statement two ways, but the fee always travels on its own path. Confirm your Regional Office on DEQ’s contact page before sending, since the form must go to the office that serves your facility’s location.
- By postal mail. Send the signed Registration Statement to your DEQ Regional Office. Keep a stamped copy and a mailing receipt as proof of filing.
- By electronic mail. The instructions allow submission by email to your Regional Office. Save the sent email and any confirmation as your proof.
- The $500 fee, separately. Mail the Permit Application Fee Form and a check for $500, payable to Treasurer of Virginia, to DEQ Receipts Control, P.O. Box 1104, Richmond, VA 23218. Keep a copy of the check and fee form.
Processing time depends on completeness and antidegradation review, and a clean, complete package moves faster. If you have questions about an office or address, you can call DEQ at (804) 698-4000. Keep every receipt, since proof of timely filing protects you if a discharge date is questioned.
What Happens After You File
Once DEQ receives a complete Registration Statement and fee, staff review it and check your receiving waters against water quality rules. They confirm antidegradation compliance under 9VAC25-260-30 and review impaired-waters and TMDL status in the state-use box.
DEQ then grants coverage and assigns a VAR05 registration number, often delivered by email if you chose that in Item 14. If your discharge would reach High Quality or Exceptional Waters, DEQ may require an individual permit instead, or it may deny coverage, and it will notify you.
After coverage, your duties begin. You must implement your SWPPP, conduct the permit’s monitoring and inspections, and, if you discharge to an MS4, send the Special Condition 13 notice within 30 days. Keep records on site, because DEQ can request them at any time.
Mistakes to Avoid When Filling Out the Form
Industrial stormwater forms fail more often on small field errors than on big ones. Watch these specific mistakes, each with its own consequence.
- Using a colloquial or trade name in Item 1a, which can tie the permit to a non-existent legal party.
- Entering a P.O. Box as the facility street address in Item 2, which can misroute your file to the wrong Regional Office.
- Leaving a box blank instead of writing NA, which makes DEQ deem the application incomplete and pauses review.
- Listing a storm drain instead of the natural receiving water in Item 4, which understates your true discharge point.
- Checking No on MS4 in Item 5 when a VDOT ditch carries runoff, which skips the required 30-day MS4 notice.
- Checking Yes on SWPPP in Item 7 before the plan exists, which is a false certification with penalty exposure.
- Picking a wrong SIC code in Item 8, which can place you under the wrong sector’s monitoring rules.
- Forgetting the attached sector list in Item 9, which makes the application incomplete on its face.
- Reporting square feet instead of acres in Item 10, which throws off your entire area review.
- Sending a site map without numbered outfalls in Item 11, which forces DEQ to return the package.
- Checking Yes in Item 12 without attaching phosphorus calculations, which blocks Chesapeake Bay coverage.
- Letting an unauthorized person sign Item 13, which voids the certification and stalls the permit.
- Mailing the $500 fee to the Regional Office instead of Receipts Control, which delays processing.
Do’s and Don’ts
These quick rules keep your filing clean and your coverage on track.
Do’s
- Do gather every document on the checklist first, because missing data is the top cause of incomplete filings.
- Do write NA in any box that does not apply, since blanks trigger an incomplete finding.
- Do match outfall numbers across the form, maps, and SWPPP, because mismatches confuse DEQ review.
- Do prepare your SWPPP before filing if you are new or transferring, since the law requires it first.
- Do keep stamped copies and mailing receipts, because they prove your filing date.
- Do confirm your correct DEQ Regional Office, since the form must go to the office serving your site.
Don’ts
- Don’t guess at SIC codes, because the wrong code applies the wrong monitoring rules.
- Don’t mail the form and the fee to the same place, since they go to two different addresses.
- Don’t sign without authority, because false or unauthorized certification carries real penalties.
- Don’t omit unnamed tributaries in Item 4, since DEQ still needs them for water quality checks.
- Don’t ignore the 30-day MS4 notice, because it is a binding permit condition after coverage.
- Don’t reuse an outdated form version, since DEQ revises the package at each reissuance.
Pros and Cons of Filing on Your Own vs. With Help
Many owners file the VAR05 themselves, while others hire an environmental consultant. Both paths can work, and the right choice depends on your site’s complexity.
Pros of filing on your own
- You save the consultant fee, which matters for a small single-outfall site.
- You learn your own permit obligations firsthand, which helps with later compliance.
- You control the timeline directly, with no waiting on a third party.
- You keep institutional knowledge in-house for future renewals.
- You avoid sharing sensitive site data with outside parties.
Cons of filing on your own
- You may misclassify your sector or SIC code, which leads to wrong monitoring.
- You carry full responsibility for a technically correct SWPPP, which is complex.
- You may miss antidegradation or Chesapeake Bay nuances that delay coverage.
- You spend staff time learning a form a consultant already knows well.
- You risk an incomplete filing that resets your timeline.
| Filing On Your Own | Filing With a Consultant |
|---|---|
| Lower out-of-pocket cost | Added fee, but fewer errors |
| You own every technical decision | Expert handles sector and SWPPP calls |
| Best for simple, single-outfall sites | Best for complex or multi-sector sites |
| Slower if you are new to the form | Faster, repeatable process |
Key Agencies, Statutes, and Related Forms
Several entities interact with the VAR05 permit. Knowing each role helps you file correctly and respond to DEQ.
- Virginia DEQ. The agency that issues the permit, reviews your Registration Statement, and enforces compliance through its Regional Offices.
- State Water Control Law and the Clean Water Act. The state and federal laws that require permit coverage for industrial stormwater discharges.
- 9VAC25-151. The state regulation that contains the VAR05 permit terms, sector list, and SWPPP rules.
- MS4 operators. Cities, counties, or VDOT that own storm sewers you may discharge into, and that you must notify under Special Condition 13.
- Notice of Termination, Form SWGP-VAR05-NOT. The companion form you file to end coverage when operations cease or ownership changes.
FAQs
Do I need a SWPPP before I file the Registration Statement?
Yes. If you are a new facility, leaving an individual permit, or not currently VPDES-covered, you must prepare and implement a written SWPPP before submitting the form under 9VAC25-151-70.
Do I send my SWPPP in with the form?
No. You keep the SWPPP on site and make it available to DEQ on request. Only the Registration Statement, maps, and required attachments go to the Regional Office.
Do the form and the $500 fee go to the same address?
No. The signed form goes to your DEQ Regional Office, while the fee form and check go to DEQ Receipts Control, P.O. Box 1104, Richmond, VA 23218.
Do I write my legal entity name or my trade name in Item 1a?
Yes, use the legal entity name, not a colloquial or doing-business-as name, because DEQ records the permit under the legal owner.
Do I fill out Item 1b if the owner runs the facility?
No. Complete Item 1b only when the operator differs from the owner. If they are the same, the operator section does not need separate entries.
Do I list a storm drain or the natural water in Item 4?
No to the storm drain alone. List the natural receiving water, including unnamed tributaries, since DEQ checks these against water quality standards.
Do I have to answer every sub-question in Item 9?
No. Answer only the lettered sub-questions that match your activities and mark the rest NA, but you must still attach the sector and outfall list.
Do I report Item 10 areas in acres or square feet?
Yes, report all four area figures in acres, since the form asks for total, industrial, impervious, and per-outfall areas in acres.
Do I have to send a USGS topographic map in Item 11?
Yes. The general location map must be a USGS 7.5 minute topo or an equivalent computer-generated map, plus a separate detailed site map with numbered outfalls.
Do I check Yes on Item 12 if my site is outside the Chesapeake Bay watershed?
No. Item 12 applies only to new facilities that began construction after June 30, 2014, inside the Chesapeake Bay watershed and seeking first-time coverage.
Do I face penalties for discharging without coverage?
Yes. Discharging industrial stormwater without a VPDES permit is unlawful and can draw civil penalties under both the State Water Control Law and the Clean Water Act.
Do I need DEQ approval to change owners mid-permit?
Yes. A new owner assuming responsibility is a listed reason to file a Notice of Termination, and the new owner should obtain its own coverage.
Do I file a Notice of Termination when my site closes?
Yes. File Form SWGP-VAR05-NOT when operations cease and there are no more industrial stormwater discharges, but note it does not erase liability for past violations.
Do I have to notify the MS4 owner after coverage?
Yes. Special Condition 13 requires written notice to the MS4 owner within 30 days of coverage, including your registration number, with a copy to DEQ.
Related reading
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