GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS



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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

Page 3



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