VPDES Construction General Permit Changes: What Contractors Need to Know

The Virginia Pollutant Discharge Elimination System (VPDES) is a state-administered program under the Clean Water Act that regulates the discharge of pollutants from point sources into surface waters of Virginia. It is designed to protect water quality by ensuring that construction sites and industrial activities properly manage stormwater runoff and wastewater discharges.

The Virginia Department of Environmental Quality (DEQ) has reissued the VPDES Construction General Permit (CGP), effective from July 1, 2024, through June 30, 2029.

These updates are critical for contractors, developers, and project managers involved in construction activities that disturb one or more acres of land. Understanding these modifications is essential for maintaining compliance and avoiding potential penalties.

Key Changes to the VPDES Construction General Permit

1. Turbidity Monitoring for Dewatering Activities
   The updated permit mandates turbidity monitoring for dewatering discharges into sediment-impaired waters or exceptional waters. Operators must select one of two turbidity benchmark options, both requiring daily sampling during dewatering operations. If the turbidity benchmark is exceeded, corrective actions must be implemented promptly. Details of turbidity monitoring, including location, date, sample collection time, and turbidity measurements, must be documented in the Stormwater Pollution Prevention Plan (SWPPP).

2. Accelerated Corrective Action Timeline
   The permit has revised the deadline for corrective actions from seven calendar days to five business days after discovery. This change emphasizes the importance of promptly addressing issues to minimize environmental impacts.

3. Updated Definition of "Qualified Personnel"
   Starting July 1, 2025, "Qualified Personnel" responsible for inspecting erosion and sediment controls must hold unexpired certifications issued by DEQ, such as the Project Inspector for Erosion and Sediment Control and Project Inspector for Stormwater Management certifications, or an equivalent certification provided by the EPA (currently titled Construction Inspection Training Course). This ensures that personnel possess the necessary expertise to assess and manage stormwater controls effectively.

4. Routine Maintenance Documentation
   If a control measure requires the same repair more than twice at the same location, operators must do one of the steps below. This documentation is crucial for demonstrating compliance and justifying maintenance approaches.

• Address subsequent occurrences under the corrective action procedures, including detailed record-keeping, or

• Document in the inspection report why the specific recurrence should still be considered a routine maintenance fix.

5. Electronic Reporting and Recordkeeping
   The permit encourages increased use of electronic reporting for Notices of Intent (NOI), inspections, and compliance documentation. This digital shift aims to streamline regulatory processes and improve transparency in stormwater management practices.

6. Enhanced Stormwater Runoff Controls
   Additional guidance has been provided on post-construction stormwater management to ensure long-term control measures remain effective. Developers must consider strategies for preventing erosion and sediment runoff even after construction is complete.

Stay Ahead of Compliance Changes

With the 2025 VPDES Construction General Permit updates now in effect, it’s crucial to stay informed and prepared. ECS Products is here to help you navigate these changes with confidence. Contact us today to discuss how we can assist you.