Current through Register Vol. 41, No. 3, September 23, 2024
A. Any owner
seeking coverage under this general permit that is required to submit a
registration statement shall submit a complete VPDES general permit
registration statement in accordance with this section, which shall serve as a
notice of intent for coverage under the VPDES general permit for discharges
from groundwater remediation of contaminated sites, dewatering activities of
contaminated sites, and hydrostatic tests.
B. Owners of the following types of proposed
or existing discharges are not required to submit a registration statement to
apply for coverage under this general permit:
1. Short term projects (14 consecutive
calendar days or less in duration) including:
a. Emergency repairs;
b. Dewatering projects;
c. Utility work and repairs in areas of known
contamination;
d. Tank placement or
removal in areas of known contamination;
e. Pilot studies or pilot tests, including
aquifer tests; and
f. New well
construction discharges of groundwater;
2. Hydrostatic testing of petroleum and
natural gas storage tanks, pipelines, or distribution system components;
and
3. Hydrostatic testing of water
storage tanks, pipelines, or distribution system components.
Owners of these types of discharges are authorized to
discharge under this permit immediately upon the permit's effective date of
March 1, 2023.
Owners shall notify the department's regional office in
writing within 14 days of the completion of the discharge. The notification
shall include the owner's name and address, the type of discharge that
occurred, the physical location of the discharge work, and the receiving
stream. If the discharge is to a municipal separate storm sewer system (MS4),
the owner shall also notify the MS4 owner within 14 days of the completion of
the discharge.
Owners of these types of discharges are not required to
submit a notice of termination of permit coverage at the completion of the
discharge.
C.
Deadlines for submitting registration statements.
1. New facilities. Any owner proposing a new
discharge shall submit a complete registration statement at least 30 days prior
to the date planned for commencing operation of the new discharge or a later
submittal date established by the department, unless exempted by subsection B
of this section.
2. Existing
facilities.
a. Any owner covered by an
individual VPDES permit who is proposing to be covered by this general permit
shall submit a complete registration statement at least 240 days prior to the
expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge
under the expiring petroleum contaminated sites, groundwater remediation, and
hydrostatic tests VPDES general permit that is not exempted under subsection B
of this section and that intends to continue coverage under this general permit
shall submit a complete registration statement to the department at least 30
days prior to the expiration date of the existing permit or a later submittal
established by the department.
D. Late registration statements. Registration
statements will be accepted after the expiration date of the permit, but
authorization to discharge will not be retroactive.
E. The required registration statement shall
contain the following information:
1. Facility
name and mailing address, owner name and mailing address, telephone number, and
email address (if available);
2.
Facility street address (if different from mailing address) or location (if the
facility location does not have a mailing address);
3. Facility operator (local contact) name,
address, telephone number, and email address (if available) if different than
owner;
4. Nature of business
conducted at the facility;
5. Type
of petroleum or natural gas products, or chlorinated hydrocarbon solvents
causing or that caused the contamination;
6. Identification of activities that will
result in a point source discharge from the site;
7. Whether a site characterization report for
the site has been submitted to the Department of Environmental
Quality;
8. Characterization or
description of the wastewater or nature of contamination including all related
analytical data;
9. The latitude
and longitude in decimal degrees (six digits - ten-thousandths place) of the
discharge point and identification of the waterbody into which the discharge
will occur. For linear projects, the latitude and longitude in decimal degrees
(six digits - ten-thousandths place) of all the proposed discharge points along
the project length and the associated waterbody for each discharge
point;
10. The frequency with which
the discharge will occur (i.e., daily, monthly, continuously);
11. An estimate of how long each discharge
will last;
12. An estimate of the
total volume of wastewater to be discharged;
13. An estimate of the average and maximum
flow rate of the discharge;
14. A
diagram of the proposed wastewater treatment system identifying the individual
treatment units;
15. A USGS 7.5
minute topographic map or equivalent computer generated map that indicates the
receiving waterbody name, the discharge point, the property boundaries, as well
as springs, other surface waterbodies, drinking water wells, and public water
supplies that are identified in the public record or are otherwise known to the
applicant within a 1/2 mile radius of the proposed discharge or
discharges;
16. A determination of
whether the facility will discharge to an MS4. If the facility discharges to an
MS4, the facility owner must notify the owner of the MS4 of the existence of
the discharge information at the time of registration under this permit and
include that notification with the registration statement. The notice shall
include the following information: the name of the facility, a contact person
and telephone number, the location of the discharge, the nature of the
discharge, and the facility's VPDES general permit number;
17. Whether central wastewater facilities are
available to the site, and if so, whether the option of discharging to the
central wastewater facility has been evaluated and the results of that
evaluation;
18. Whether the
facility currently has any permit issued by the department or general permit
issued as a regulation by the board, and if so, the permit number;
19. Any pollution complaint number or
Voluntary Remediation Program (VRP) information associated with the
project;
20. A statement as to
whether the material being treated or to be discharged is certified as a
hazardous waste under the Virginia Hazardous Waste Management Regulations
(9VAC20-60);
21. State Corporation
Commission entity identification number if the facility is required to obtain
an entity identification number by law; and
22. 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. I do also hereby
grant duly authorized agents of the Department of Environmental Quality, upon
presentation of credentials, permission to enter the property for the purpose
of determining the suitability of the general permit."
F. The registration statement
shall be signed in accordance with
9VAC25-31-110.
G. The registration statement shall be
delivered by either postal or electronic mail to the DEQ regional office
serving the area where the facility is located. Following notification from the
department of the start date for the required electronic submission of Notices
of Intent to discharge forms (i.e., registration statements), as provided for
in
9VAC25-31-1020,
such forms 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 a three-month notice provided between the notification
from the department and the date after which such forms must be submitted
electronically.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
124.
