Current through Register Vol. 41, No. 3, September 23, 2024
Any owner whose registration statement is accepted by the
board, or whose permit coverage is automatically renewed, shall comply with the
requirements contained herein and be subject to all requirements of
9VAC25-31-170.
GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OR
EQUAL TO 1,000 GALLONS PER DAY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT
DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act
(33 USC §
1251 et seq.), as amended, and pursuant to
the State Water Control Law and regulations adopted pursuant thereto, owners of
treatment works with domestic sewage discharges of a design flow of less than
or equal to 1,000 gallons per day on a monthly average are authorized to
discharge to surface waters within the boundaries of the Commonwealth of
Virginia, except those waters specifically named in board regulations that
prohibit such discharges.
The authorized discharge shall be in accordance with the
information submitted with the registration statement or combined application,
this cover page, Part I-Effluent Limitations, Monitoring Requirements and
Special Conditions, and Part II-Conditions Applicable to All VPDES Permits, as
set forth herein.
Part I
Effluent Limitations, Monitoring Requirements and Special
Conditions
A. Effluent limitations and
monitoring requirements - receiving waters where the 7Q10 flows are less than
0.2 MGD.
1. During the period beginning with
the permit's effective date and lasting until the permit's expiration date, the
permittee is authorized to discharge from outfall number 001 to receiving
waters where the 7Q10 flows are less than 0.2 MGD.
The discharge shall be limited and monitored by the permittee
as specified in the following table:
|
EFFLUENT
CHARACTERISTICS |
DISCHARGE LIMITATIONS |
MONITORING REQUIREMENTS |
|
Instantaneous Minimum |
Instantaneous
Maximum |
Frequency |
Sample Type |
|
Flow
(MGD)(1) |
NA |
NL |
1/year |
Estimate |
|
BOD5 |
NA |
30 mg/l |
1/year |
Grab |
|
Total Suspended Solids |
NA |
30 mg/l |
1/year |
Grab |
|
Total Residual
Chlorine(2) | | | | |
|
After contact tank |
1.0 mg/l |
NA |
1/year |
Grab |
|
Final effluent |
NA |
0.016
mg/l(6) |
1/year |
Grab |
|
E.
coli(3) |
NA |
126 CFU/100 ml |
1/year |
Grab |
|
enterococci(4) |
NA |
35 CFU/100 ml |
1/year |
Grab |
|
Fecal Coliform
Bacteria(5) |
NA |
200 CFU/100 ml |
1/year |
Grab |
|
pH (standard units) |
6.0 |
9.0 |
1/year |
Grab |
|
Dissolved Oxygen |
5.0
mg/l(6) |
NA |
1/year |
Grab |
|
NL = No Limitation, monitoring required
NA = Not Applicable | |
|
(1)The design flow of
this treatment works is less than or equal to 1,000 gallons per
day. |
|
(2)Applies only when
chlorine is used for disinfection and the discharge is into freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). |
|
(3)Applies only when
methods other than chlorine are used for disinfection and the discharge is into
freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(4)Applies only when the
discharge is into saltwater or the transition zone (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(5)Applies only when the
discharge is into shellfish waters (see
9VAC25-260-160 for the description
of what are shellfish waters). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(6)Does not apply when
the receiving stream is an ephemeral stream. "Ephemeral streams" are drainage
ways, ditches, hollows, or swales that contain only (i) flowing water during or
immediately following periods of rainfall or (ii) water supplied by the
discharger. These waterways would normally have no active aquatic
community. |
2.
All monitoring data required by Part I A 1 shall be maintained on site in
accordance with Part II B. Monitoring results for treatment works serving
buildings or dwellings other than individual single family dwellings shall be
submitted to the department on a Discharge Monitoring Report (DMR) no later
than the 10th of September following the monitoring period. The monitoring
period is September 1 through August 31. A copy of the maintenance log required
by Part I D 2 b (2) (e) shall also be submitted with the DMR. Monitoring
results for treatment works serving individual single family dwellings are
submitted to the Virginia Department of Health in accordance with
12VAC5-640.
3. The 30-day average
percent removal for BOD5 and total suspended solids
shall not be less than 85%.
B. Effluent limitations and monitoring
requirements - receiving waters where the 7Q10 flows are equal to or greater
than 0.2 MGD.
1. During the period beginning
with the permit's effective date and lasting until the permit's expiration
date, the permittee is authorized to discharge from outfall number 001 to
receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.
The discharge shall be limited and monitored by the permittee
as specified in the following table:
|
EFFLUENT
CHARACTERISTICS |
DISCHARGE LIMITATIONS |
MONITORING REQUIREMENTS |
|
Instantaneous Minimum |
Instantaneous
Maximum |
Frequency |
Sample Type |
|
Flow
(MGD)(1) |
NA |
NL |
1/year |
Estimate |
|
BOD5 |
NA |
30 mg/l |
1/year |
Grab |
|
Total Suspended Solids |
NA |
30 mg/l |
1/year |
Grab |
|
Total Residual
Chlorine(2) | | | | |
|
After contact tank |
1.0 mg/l |
NA |
1/year |
Grab |
|
Final effluent |
NA |
2.0 mg/l |
1/year |
Grab |
|
E.
coli(3) |
NA |
126 CFU/100 ml |
1/year |
Grab |
|
enterococci(4) |
NA |
35 CFU/100 ml |
1/year |
Grab |
|
Fecal Coliform
Bacteria(5) |
NA |
200 CFU/100 ml |
1/year |
Grab |
|
pH (standard units) |
6.0 |
9.0 |
1/year |
Grab |
|
NL = No Limitation, monitoring required
NA = Not Applicable | |
|
(1)The design flow of
this treatment works is less than or equal to 1,000 gallons per
day. |
|
(2)Applies only when
chlorine is used for disinfection and the discharge is into freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). |
|
(3)Applies only when
methods other than chlorine are used for disinfection and the discharge is into
freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(4)Applies only when the
discharge is into saltwater or the transition zone (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(5)Applies only when the
discharge is into shellfish waters (see
9VAC25-260-160 for the description
of what are shellfish waters). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
2.
All monitoring data required by Part I B 1 shall be maintained on site in
accordance with Part II B. Monitoring results for treatment works serving
buildings or dwellings other than individual single family dwellings shall be
submitted to the department on a Discharge Monitoring Report (DMR) no later
than the 10th of September following the monitoring period. The monitoring
period is September 1 through August 31. A copy of the maintenance log required
by Part I D 2 b (2) (e) shall also be submitted with the DMR. Monitoring
results for treatment works serving individual single family dwellings are
submitted to the Virginia Department of Health in accordance with
12VAC5-640.
3. The 30-day average
percent removal for BOD5 and total suspended solids
shall not be less than 85%.
C. Effluent limitations and monitoring
requirements - discharges to receiving waters subject to the Policy for the
Potomac River Embayments (9VAC25-415).
1.
During the period beginning with the permit's effective date and lasting until
the permit's expiration date, the permittee is authorized to discharge from
outfall number 001 to receiving waters subject to the Policy for the Potomac
River Embayments ( 9VAC25-415).
Discharges subject to the requirements in
9VAC25-415-40
(1) shall be limited and monitored by
the permittee as specified in the following table:
|
EFFLUENT
CHARACTERISTICS |
DISCHARGE LIMITATIONS |
MONITORING REQUIREMENTS |
|
Instantaneous Minimum |
Instantaneous
Maximum |
Frequency |
Sample Type |
|
Flow (MGD)
(2) |
NA |
NL |
1/3 months |
Estimate |
|
pH (standard units) |
6.0 |
9.0 |
1/3 months |
Grab |
|
cBOD5 |
NA |
5 mg/l |
1/3 months |
Grab |
|
Total Suspended Solids |
NA |
6.0 mg/l |
1/3 months |
Grab |
|
Ammonia as N
(Apr 1 - Oct 31) |
NA |
1.0 mg/l |
1/3 months |
Grab |
|
Ammonia as N
(Nov 1 - Mar 31) |
NA |
3.1 mg/l |
1/3 months |
Grab |
|
Dissolved Oxygen |
6.0 mg/l |
NA |
1/3 months |
Grab |
|
E. coli
(4) |
NA |
126 CFU/100 ml |
1/3 months |
Grab |
|
enterococci
(5) |
NA |
35 CFU/100 ml |
1/3 months |
Grab |
|
Total Phosphorus |
NA |
0.18 mg/l |
1/3 months |
Grab |
|
Total Residual Chlorine
(3) | | | | |
|
After contact tank |
1.0 mg/l |
NA |
1/3 months |
Grab |
|
Final effluent |
NA |
0.016 mg/l |
1/3 months |
Grab |
|
NL = No Limitation, monitoring required
NA = Not Applicable | |
|
(1)Note conditional
exemptions in
9VAC25-415-30.
(2)The design flow of
this treatment works is less than or equal to 1,000 gallons per
day. |
|
(3)Applies only when
chlorine is used for disinfection and the discharge is into freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). |
|
(4)Applies only when
methods other than chlorine are used for disinfection and the discharge is into
freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
|
(5)Applies only when
the discharge is into saltwater or the transition zone (see
9VAC25-260-140 C for the classes of
waters and boundary designations). When the treatment works is discharging,
continuous disinfection shall be provided in order to maintain this effluent
limit. |
2.
All monitoring data required by Part I C 1 shall be maintained on site in
accordance with Part II B. Monitoring results shall be submitted to the
department on a Discharge Monitoring Report (DMR) no later than the 10th day of
the month following the monitoring period. The quarterly monitoring periods
shall be January through March, April through June, July through September, and
October through December. A copy of the maintenance log required by Part I D 2
b (2) (e) shall also be submitted with the DMR. Monitoring results for
treatment works serving individual single family dwellings shall also be
submitted to the Virginia Department of Health in accordance with
12VAC5-640.
3. The 30-day average
percent removal for BOD5 and total suspended solids
shall not be less than 85%.
D. Special conditions.
1. There shall be no discharge of floating
solids or visible foam in other than trace amounts.
2. Operation and maintenance.
a. Treatment works serving individual single
family dwellings. Operation and maintenance requirements for treatment works
serving individual single family dwellings are specified in the Virginia
Department of Health regulations at 12VAC5-640.
b. Treatment works serving buildings or
dwellings other than individual single family dwellings.
(1) To ensure the treatment works is
operated, maintained, monitored, and reported properly, the permittee shall
engage a licensed operator as defined in subdivision D 3 of this
section.
(2) The permittee shall:
(a) Have the system operated and maintained
by a licensed operator, including the responsibilities specified in Part I D 2
b (3);
(b) Have a licensed operator
visit the system at least semiannually;
(c) Have a licensed operator collect,
analyze, and submit to the department any samples required under Part I A, Part
I B, or Part I C, as appropriate, of this general permit;
(d) Provide prompt maintenance and repair of
the treatment works once notified by the operator that repair or maintenance is
necessary. The owner is responsible for all costs associated with the
maintenance or repair. Immediately upon receipt of notice that repair or
maintenance is required, the owner shall begin emergency pump and haul of all
sewage generated from the building or dwelling or otherwise ensure that no
discharge occurs if full and complete repairs cannot be accomplished within 48
hours;
(e) Maintain a copy of the
log provided by the operator on the property where the system is located in
electronic or hard copy form, make the log available to the department upon
request, and make a reasonable effort to transfer the log to any future
owner;
(f) Follow the treatment
works operation and maintenance (O&M) manual (where available) and keep a
copy of the O&M manual in electronic or hard copy form on the property
where the system is located, make the O&M manual available to the
department upon request, and make a reasonable effort to transfer the O&M
manual to any future owner;
(3) The licensed operator has the following
responsibilities:
(a) Perform all monitoring
required in accordance with either Part I A, Part I B, or Part I C, as
appropriate, and periodic (at least semiannually) inspections of the treatment
works. Note: Discharges from the treatment works should to the maximum extent
feasible be sampled during normal discharging operations or normal discharging
conditions (i.e., operations that are normal for that treatment
works);
(b) During visits required
by this subsection, fulfill the operator responsibilities specified in this
subsection through observing the system and through laboratory or field tests
required by this permit or that the operator deems appropriate. In performing a
required visit, the operator is responsible for the entire system and, where
applicable, shall follow the O&M manual;
(c) Provide a written or electronic
notification to the owner within 24 hours whenever the operator becomes aware
that maintenance or repair of the owner's treatment works is
necessary;
(d) Report monitoring
results to DEQ as required in Part I A 2, Part I B 2, and Part I C 2, as
applicable, as well as Part II C, and maintain at the treatment works and
provide to the permittee a log of the following items:
(i) Results of all tests and sampling. Note:
If sampling is attempted, but no sample was taken or possible, the log shall
show all sampling attempts and document and explain why no sample was taken or
possible;
(ii) Alarm activation
incidents, including the date and time of equipment failure and return to
service;
(iii) Maintenance,
including the date and amount of disinfection chemicals added to the
chlorinator, the date and amount of dechlorination chemicals added if
applicable, the date and approximate volume of sludge removed, and date
receipts for chemicals and equipment purchased and maintenance
performed;
(iv) Corrective or
repair activities performed;
(v)
Recommended repair or replacement items;
(vi) Copies of all reports prepared by the
operator; and
(vii) Sludge or
solids removal; and
(e)
Conduct an inspection within 48 hours after notification by the owner that a
problem may be occurring.
3. All individuals who perform maintenance on
discharging systems pursuant to this general permit are required to hold a
valid Class IV or higher wastewater works operator license or an alternative
onsite sewage system operator license issued by the Board for Waterworks and
Wastewater Works Operators and Onsite Sewage System Professionals. For purposes
of this general permit, this requirement is satisfied where an individual is
directly supervised by and under the direction of a licensed operator who
remains responsible for such maintenance.
4. Compliance recordkeeping under Part I A,
Part I B, and Part I C.
a. The quantification
levels (QL) shall be less than or equal to the following concentrations:
|
Effluent Parameter |
Quantification Level |
|
BOD5 |
2 mg/l |
|
cBOD5 |
2 mg/l |
|
Ammonia as N |
0.20 mg/l |
|
Total Phosphorus |
0.10 mg/l |
|
TSS |
1.0 mg/l |
|
Chlorine |
0.10 mg/l |
The QL is defined as the lowest concentration used to
calibrate a measurement system in accordance with the procedures published for
the test method.
b.
Recording results. Any concentration data below the QL used in the analysis
shall be recorded as "<QL" if it is less than the QL in subdivision 4 a of
this subsection. Otherwise the numerical value shall be recorded.
c. Monitoring results shall be recorded using
the same number of significant digits as listed in the permit. Regardless of
the rounding convention used by the permittee (e.g., 5 always rounding up or to
the nearest even number), the permittee shall use the convention consistently,
and shall ensure that consulting laboratories employed by the permittee use the
same convention.
5. The
discharges authorized by this permit shall be controlled as necessary to meet
water quality standards.
Part II
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required
by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to
procedures approved under 40 CFR Part 136 or alternative methods approved by
the U.S. Environmental Protection Agency, unless other procedures have been
specified in this permit.
3. The
permittee shall periodically calibrate and perform maintenance procedures on
all monitoring and analytical instrumentation at intervals that will ensure
accuracy of measurements.
4.
Samples taken as required by this permit shall be analyzed in accordance with
1VAC30-45 (Certification for Noncommercial Environmental Laboratories) or
1VAC30-46 (Accreditation for Commercial Environmental Laboratories).
B. Records.
1. Records of monitoring information shall
include:
a. The date, exact place, and time
of sampling or measurements;
b. The
individuals who performed the sampling or measurements;
c. The dates and times analyses were
performed;
d. The individuals who
performed the analyses;
e. The
analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of
monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period
of at least five years, the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to complete the
registration statement for this permit, for a period of at least three years
from the date of the sample, measurement, report, or request for coverage. This
period of retention shall be extended automatically during the course of any
unresolved litigation regarding the regulated activity or regarding control
standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
Monitoring results under this permit must be submitted consistent with the
requirements in Part I A 2, Part I B 2, and Part I C 2, as applicable.
1. Monitoring results submitted to the
department shall be reported on a Discharge Monitoring Report (DMR) or on forms
provided, approved or specified by the department. Following notification from
the department of the start date for the required electronic submission of
monitoring reports, as provided for in
9VAC25-31-1020, such forms and
reports submitted after that date shall be electronically submitted to the
department in compliance with this section and
9VAC25-31-1020. There shall be at
least three months' notice provided between the notification from the
department and the date after which such forms and reports must be submitted
electronically.
2. If the permittee
monitors any pollutant specifically addressed by this permit more frequently
than required by this permit using test procedures approved under 40 CFR Part
136 or using other test procedures approved by the U.S. Environmental
Protection Agency or using procedures specified in this permit, the results of
this monitoring shall be included in the calculation and reporting of the data
submitted on the DMR or reporting form specified by the department.
3. Calculations for all limitations that
require averaging of measurements shall utilize an arithmetic mean unless
otherwise specified in this permit.
D. Duty to provide information. The permittee
shall furnish to the department, within a reasonable time, any information that
the board may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating coverage under this permit or to determine
compliance with this permit. The board may require the permittee to furnish,
upon request, such plans, specifications, and other pertinent information as
may be necessary to determine the effect of the wastes from the discharge on
the quality of state waters, or such other information as may be necessary to
accomplish the purposes of the State Water Control Law. The permittee shall
also furnish to the department, upon request, copies of records required to be
kept by this permit.
E. Compliance
schedule reports. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule
of this permit shall be submitted no later than 14 days following each schedule
date.
F. Unauthorized discharges.
Except in compliance with this permit, or another permit issued by the board,
it shall be unlawful for any person to:
1.
Discharge into state waters sewage, industrial wastes, other wastes, or any
noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or
biological properties of such state waters and make them detrimental to the
public health, to animal or aquatic life, to the use of such waters for
domestic or industrial consumption, for recreation, or for other
uses.
G. Reports of
unauthorized discharges. Any permittee that discharges or causes or allows a
discharge of sewage, industrial waste, other wastes or any noxious or
deleterious substance into or upon state waters in violation of Part II F, or
that discharges or causes or allows a discharge that may reasonably be expected
to enter state waters in violation of Part II F, shall notify the department of
the discharge immediately upon discovery of the discharge, but in no case later
than 24 hours after said discovery. A written report of the unauthorized
discharge shall be submitted to the department within five days of discovery of
the discharge. The written report shall contain:
1. A description of the nature and location
of the discharge;
2. The cause of
the discharge;
3. The date on which
the discharge occurred;
4. The
length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long
it is expected to continue;
7. If
the discharge is continuing, what the expected total volume of the discharge
will be; and
8. Any steps planned
or taken to reduce, eliminate, and prevent a recurrence of the present
discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate
reporting requirements of other regulations are exempted from this
requirement.
H.
Reports of unusual or extraordinary discharges. If any unusual or extraordinary
discharge including a bypass or upset should occur from a treatment works and
the discharge enters or could be expected to enter state waters, the permittee
shall promptly notify, in no case later than 24 hours, the department by
telephone after the discovery of the discharge. This notification shall provide
all available details of the incident, including any adverse effects on aquatic
life and the known number of fish killed. The permittee shall reduce the report
to writing and shall submit it to the department within five days of discovery
of the discharge in accordance with Part II I 2. Unusual and extraordinary
discharges include any discharge resulting from:
1. Unusual spillage of materials resulting
directly or indirectly from processing operations;
2. Breakdown of processing or accessory
equipment;
3. Failure or taking out
of service some or all of the treatment works; and
4. Flooding or other acts of
nature.
I. Reports of
noncompliance.
1. The permittee shall report
any noncompliance that may adversely affect state waters or may endanger public
health.
a. An oral report shall be provided
within 24 hours from the time the permittee becomes aware of the circumstances.
The following shall be included as information that shall be reported within 24
hours under this subdivision:
(1) Any
unanticipated bypass; and
(2) Any
upset that causes a discharge to surface waters.
b. A written report shall be submitted within
five days and shall contain:
(1) A description
of the noncompliance and its cause;
(2) The period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and
(3) Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case
basis for reports of noncompliance under Part II I if the oral report has been
received within 24 hours and no adverse impact on state waters has been
reported.
2. The permittee shall report all instances
of noncompliance not reported under Part II I 1, in writing, at the time the
next monitoring reports are submitted. The reports shall contain the
information listed in Part II I 1.
3. The immediate (within 24 hours) reports
required in Part II G, H, and I may be made to the department's regional
office. Reports may be made by telephone, or online at
https://www.deq.virginia.gov/our-programs/pollution-response. For reports
outside normal working hours, a message may be left and this shall fulfill the
immediate reporting requirement. For emergencies, the Virginia Department of
Emergency Management maintains a 24-hour telephone service at
1-800-468-8892.
4. Where the
permittee becomes aware that it failed to submit any relevant facts in a permit
registration statement or submitted incorrect information in a permit
registration statement or in any report to the department, it shall promptly
submit such facts or information.
J. Notice of planned changes
1. The permittee shall give notice to the
department as soon as possible of any planned physical alterations or additions
to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition
to any building, structure, facility, or installation from which there is or
may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of
performance under § 306 of the Clean Water Act (33 USC §
1251 et
seq.) that are applicable to such source; or
(2) After proposal of standards of
performance in accordance with § 306 of the Clean Water Act that are
applicable to such source, but only if the standards are promulgated in
accordance with § 306 within 120 days of their proposal;
b. The alteration or addition
could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants that are subject neither to
effluent limitations nor to notification requirements specified elsewhere in
this permit; or
c. The alteration
or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alteration, addition, or change may justify the
application of permit conditions that are different from or absent in the
existing permit, including notification of additional use or of disposal sites
not reported during the permit application process or not reported pursuant to
an approved land application plan.
2. The permittee shall give advance notice to
the department of any planned changes in the permitted facility or activity
that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration
statements shall be signed as follows:
a. For
a corporation: by a responsible corporate officer. For the purpose of this
section, a responsible corporate officer means:
(i) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy-making or decision-making
functions for the corporation; or
(ii) the manager of one or more
manufacturing, production, or operating facilities, provided the manager is
authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or other actions taken to gather complete and accurate
information for permit registration requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures;
b.
For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
c. For
a municipality, state, federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this section, a
principal executive officer of a public agency includes:
(i) the chief executive officer of the agency
or
(ii) a senior executive officer
having responsibility for the overall operations of a principal geographic unit
of the agency.
2. Reports, etc. All reports required by
permits and other information requested by the board shall be signed by a
person described in Part II K 1 or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a
person described in Part II K 1;
b.
The authorization specifies either an individual or a position having
responsibility for the overall operation of the regulated facility or activity
such as the position of plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. A duly authorized representative may thus be either a named individual
or any individual occupying a named position; and
c. The written authorization is submitted to
the department.
3.
Changes to authorization. If an authorization under Part II K 2 is no longer
accurate because a different individual or position has responsibility for the
overall operation of the facility, a new authorization satisfying the
requirements of Part II K 2 shall be submitted to the department prior to or
together with any reports or information to be signed by an authorized
representative.
4. Certification.
Any person signing a document under Part II K 1 or 2 shall make the following
certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee
shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the State Water Control Law and the Clean Water Act,
except that noncompliance with certain provisions of this permit may constitute
a violation of the State Water Control Law but not the Clean Water Act. Permit
noncompliance is grounds for enforcement action or for permit coverage
termination or for denial of a permit coverage renewal.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the Clean Water Act for toxic
pollutants and with standards for sewage sludge use or disposal established
under § 405(d) of the Clean Water Act within the time provided in the
regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if this permit has not yet been modified to
incorporate the requirement.
M. Duty to reapply.
1. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of this permit, and
the permittee does not qualify for automatic permit coverage renewal, the
permittee shall submit a new registration statement, or for an individual
single family dwelling a combined application, at least 60 days before the
expiration date of the existing permit, unless permission for a later date has
been granted by the board. The board shall not grant permission for
registration statements or combined applications to be submitted later than the
expiration date of the existing permit.
2. A permittee qualifies for automatic permit
coverage renewal and is not required to submit a registration statement, or for
an individual single family dwelling a combined application, if:
a. The ownership of the treatment works has
not changed since this general permit went into effect on August 2, 2021, or,
if the ownership has changed, (i) a new registration statement or for an
individual single family dwelling a combined application or (ii) a VPDES Change
of Ownership form was submitted to the department by the new owner at the time
of the title transfer;
b. There has
been no change in the design or operation, or both, of the treatment works
since this general permit went into effect on August 2, 2021;
c. For treatment works serving individual
single family dwellings, the Virginia Department of Health does not object to
the automatic permit coverage renewal for this treatment works based on system
performance issues, enforcement issues, or other issues sufficient to the
board. If the Virginia Department of Health objects to the automatic renewal
for this treatment works, the permittee will be notified by the board in
writing; and
d. For treatment works
serving buildings or dwellings other than single family dwellings, the board
has no objection to the automatic permit coverage renewal for this treatment
works based on system performance issues, enforcement issues, or other issues
sufficient to the board. If the board objects to the automatic renewal for this
treatment works, the permittee will be notified by the board in
writing.
3. Any
permittee that does not qualify for automatic permit coverage renewal shall
submit a new registration statement, or for an individual single family
dwelling a combined application, in accordance with Part II M 1.
N. Effect of a permit. This permit
does not convey any property rights in either real or personal property or any
exclusive privileges, nor does it authorize any injury to private property or
invasion of personal rights, or any infringement of federal, state, or local
law or regulations.
O. State law.
Nothing in this permit shall be construed to preclude the institution of any
legal action under, or relieve the permittee from any responsibilities,
liabilities, or penalties established pursuant to, any other state law or
regulation or under authority preserved by § 510 of the Clean Water Act.
Except as provided in permit conditions on "bypassing" (Part II U) and "upset"
(Part II V) nothing in this permit shall be construed to relieve the permittee
from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability.
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties to which the permittee is or may be subject under §§
62.1-44.34:14 through
62.1-44.34:23 of the State Water
Control Law.
Q. Proper operation
and maintenance. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
that are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also include
effective plant performance, adequate funding, adequate staffing, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by the permittee only when the
operation is necessary to achieve compliance with the conditions of this
permit.
R. Disposal of solids or
sludges. Solids, sludges, or other pollutants removed in the course of
treatment or management of pollutants shall be disposed of in a manner so as to
prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take
all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit that has a reasonable likelihood of
adversely affecting human health or the environment.
T. Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion
of waste streams from any portion of a treatment facility. The permittee may
allow any bypass to occur that does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to ensure efficient
operation. These bypasses are not subject to the provisions of Part II U 2 and
3.
2. Notice.
a. Anticipated bypass. If the permittee knows
in advance of the need for a bypass, prior notice shall be submitted, if
possible, at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall
submit notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may
take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage;
(2) There were no feasible alternatives to
the bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass that occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee
submitted notices as required under Part II U 2.
b. The board may approve an anticipated
bypass after considering its adverse effects if the board determines that it
will meet the three conditions listed in Part II U 3 a.
V. Upset.
1. An upset, defined in
9VAC25-31-10, constitutes an
affirmative defense to an action brought for noncompliance with
technology-based permit effluent limitations if the requirements of Part II V 2
are met. A determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is
not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the
affirmative defense of upset shall demonstrate through properly signed,
contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee
can identify the cause of the upset;
b. The permitted facility was at the time
being properly operated;
c. The
permittee submitted notice of the upset as required in Part II I; and
d. The permittee complied with any remedial
measures required under Part II S.
3. In any enforcement proceeding the
permittee seeking to establish the occurrence of an upset has the burden of
proof.
W. Inspection and
entry. The permittee shall allow the director, or an authorized representative
(including an authorized contractor acting as a representative of the
administrator), upon presentation of credentials and other documents as may be
required by law, to:
1. Enter upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this
permit;
2. Have access to and copy,
at reasonable times, any records that must be kept under the conditions of this
permit;
3. Inspect at reasonable
times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for
the purposes of assuring permit compliance or as otherwise authorized by the
Clean Water Act and the State Water Control Law, any substances or parameters
at any location.
For purposes of this section, the time for inspection shall
be deemed reasonable during regular business hours, and whenever the facility
is discharging. Nothing contained herein shall make an inspection unreasonable
during an emergency.
X. Permit actions. Permits may be modified,
revoked and reissued, or terminated for cause. The filing of a request by the
permittee for a permit modification, revocation and reissuance, termination, or
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
Y. Transfer of
permit coverage. Permit coverage is not transferable to any person except after
notice to the department. Coverage under this permit may be automatically
transferred to a new permittee if:
1. The
current permittee notifies the department within 30 days of the transfer of the
title to the facility or property, unless permission for a later date has been
granted by the board;
2. The notice
includes a written agreement between the existing and new permittees containing
a specific date for transfer of permit responsibility, coverage, and liability
between them; and
3. The board does
not notify the existing permittee and the proposed new permittee of its intent
to deny the new permittee coverage under the permit. If this notice is not
received, the transfer is effective on the date specified in the agreement
mentioned in Part II Y 2.
Z. Severability. The provisions of this
permit are severable, and if any provision of this permit or the application of
any provision of this permit to any circumstance is held invalid, the
application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.
Statutory Authority: §
62.1-44.15 of the Code of
Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
124.
