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determines that such allocations are not needed to protect water quality based on consideration of existing in - stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this provision, the pollutants of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator shall certify to the department that the construction activity will take place, and stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications submitted in support of the waiver shall be submitted electronically by the owner or operator to the department in compliance with this provision and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9 VAC 25-875-940, and Part XI (9 VAC 25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part XI of 9VAC25-31, permittees may be required to report electronically if specified by a particular permit. Small construction activity also means (2) any other construction activity designated by either the department or the EPA regional administrator, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters. Soil and water conservation district has the meaning provided in the definition of district. Soil erosion means the movement of soil by wind or water into state waters or onto lands in the Commonwealth. Soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan, or "ESM Plan" means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control plan and the stormwater management plan as each is described in this chapter. Stabilized means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage. State means the Commonwealth of Virginia. State application means the standard form or forms, including any additions, revisions, or modifications to the forms, approved by the administrator and the department for applying for a permit. State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia. State waters means all water, on the surface and under the ground, wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands. Storm sewer inlet means a structure through which stormwater is introduced into an underground conveyance system. Stormwater, for the purposes of the VESMA, means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater appeals board is the appeal authority designated by city council to hear appeals from any person aggrieved by a decision of the city in regard to stormwater without a formal hearing or by inaction of the city in regard to stormwater. The board shall be appointed by the city manager and shall consist of three members: the city engineer, the assistant administrator of public utilities and the administrator of public works. The city attorney or his designee shall serve a legal counsel to the board. Stormwater conveyance system means a combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land -disturbing activity. This includes (1) "Manmade Page 8 of 27