The administrator shall review and approve applications in accordance
with the following process:
A. The administrator shall determine whether the application is complete in accordance with §Â
38-404 of this article and shall notify the applicant, in writing, of such determination within 15 calendar days of receipt, including any deficiencies in the plan that cause a determination that it is not complete.
B. The administrator shall review the application and approve or disapprove
it, in writing, to the operator or his agent within 60 calendar days
from the date of the notification that the submission is complete.
Approval or denial shall be based on the application's compliance
with the requirements of this article. Specific reasons for disapproval,
if applicable, shall be set forth in the written notification of disapproval.
The administrator shall issue the VSMP permit only after receiving
evidence that general permit coverage, if required, is obtained and
that an approved erosion and sediment control plan and stormwater
management plan have been obtained.
C. The administrator shall review the resubmission of a previously disapproved
application that has been revised within 45 calendar days of the date
of resubmission.
D. If the administrator fails to make a timely determination of completeness as required in Subsection
A, then the plan is deemed complete, and the sixty-day review period in Subsection
B commences with the date of the submission of the application.
E. An application meeting all of the requirements of this article is deemed approved if no action is taken within the time provided above in Subsection
B.
The administrator may grant exceptions to the technical criteria
in accordance with the authority set forth in 9 VAC 25-870-57. The
administrator shall apply the criteria in 9 VAC 25-870-122 in granting
or denying an application for an exception.
Prior to issuing a VSMP permit, the administrator may require a performance guarantee in an amount sufficient for and conditioned upon the construction of the improvements required by the permit. The form of the performance guarantee shall comply with the requirements set forth in Article 72-2 of Chapter
72 of the City Code. The administrator shall reduce the performance guarantee in the same manner as provided in Article 72-2 of Chapter
72 of the City Code. The administrator shall release any remaining performance guarantee within 60 days of the completion of the requirements of the VSMP permit.
The SWPPP must be maintained at a central location on site.
If an on-site location is unavailable, notice of the SWPPP's location
must be posted near the main entrance at the construction site.
The administrator may require a permit applicant or permittee
to furnish plans, specifications, and other pertinent information
as may be necessary to determine the effect of his discharge on the
quality of state waters, or such other information as may be necessary
to accomplish the purposes of this article in accordance with the
provisions of Code of Virginia § 62.1-44.15:40.
The remedies provided in this article are cumulative and not
exclusive and are in addition to any other remedies provided by law.
Final decisions of the administrator shall be subject to review
by the Fredericksburg Circuit Court, provided that an appeal is filed
within 30 days from the date of any written decision adversely affecting
the rights, duties or privileges of the person engaging in or proposing
to engage in land-disturbing activities. The issues on review in Circuit
Court are established in Code of Virginia § 2.2-4027. The
decision of the Circuit Court shall be subject to review by the Court
of Appeals of Virginia under Code of Virginia § 62.1-44.15:46.