Current through Register Vol. 41, No. 3, September 23, 2024
A. An owner
seeking coverage under this general permit 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
regulation for discharges of stormwater associated with industrial activity.
Any owner that was authorized to discharge under the
industrial stormwater general permit that became effective on July 1, 2019, and
that intends to continue coverage under this general permit shall review and
update the stormwater pollution prevention plan (SWPPP) to meet all provisions
of the general permit (9VAC25-151-70 et seq.)
within 90 days of the department granting coverage under this permit. Owners of
new facilities, facilities previously covered by an expiring individual permit,
and existing facilities not currently covered by a VPDES permit that wish to
obtain coverage under this general permit shall prepare and implement a written
SWPPP for the facility in accordance with the general permit (9VAC25-151-70 et seq.) before
submitting the registration statement.
B. Deadlines for submitting registration
statements.
1. Existing facilities.
a. Any owner that was authorized to discharge
under the industrial stormwater general permit that became effective on July 1,
2019, and that intends to continue coverage under this general permit shall
submit a complete registration statement to the department on or before May 1,
2024.
b. Any owner covered by a
VPDES individual permit for stormwater discharges associated with industrial
activity that is proposing to be covered under this general permit shall submit
a complete registration statement at least 240 days before the expiration date
of the VPDES individual permit.
c.
Any owner of an existing facility with stormwater discharges associated with
industrial activity, not currently covered by a VPDES permit, that is proposing
to be covered under this general permit shall submit a complete registration
statement to the department.
2. New facilities. Any owner proposing a new
discharge of stormwater associated with industrial activity shall submit a
complete registration statement at least 60 days before the date planned for
the beginning of the industrial activity at the facility.
3. New owners of existing facilities. Where
the owner of an existing facility that is covered by this permit changes, the
new owner of the facility shall submit a complete registration statement within
30 days of the ownership change.
4.
Late registration statements. Registration statements for existing facilities
covered under subdivision 1 a of this subsection will be accepted after June
30, 2024, but authorization to discharge will not be retroactive.
C. 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;
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. The nature of the business conducted at
the facility to be covered under this general permit, including a description
of the primary industrial activity and all other industrial activities that
take place;
5. The receiving waters
of the industrial activity discharges;
6. 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 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 (if assigned
by DEQ);
7. The permit number for
any existing VPDES permit assigned to the facility;
8. An indication that an SWPPP has been
prepared before submitting this registration statement by the owner of a new
facility, a facility previously covered by an expiring individual permit, or an
existing facility not currently covered by a VPDES permit;
9. For each outfall, identification of up to
four four-digit Standard Industrial Classification (SIC) Codes or two-letter
Industrial Activity Codes that best represent the principal products or
services rendered by the facility and major colocated industrial activities
(two-letter Industrial Activity Codes are: HZ - hazardous waste treatment,
storage, or disposal facilities; LF - landfills and disposal facilities that
receive or have received any industrial wastes; SE - steam electric power
generating facilities; or TW - treatment works treating domestic
sewage);
10. Identification of all
applicable industrial sectors in this permit (as designated in Table 50-2) that
cover the industrial activities at the facility, and major colocated industrial
activities to be covered under this permit, and the stormwater outfalls
associated with each industrial sector.
a. If
the facility is a landfill (sector L), state the type of landfill (i.e., MSWLF
(municipal solid waste landfill), CDD (construction debris and demolition), or
other), and which outfalls (if any) receive contaminated stormwater
runoff;
b. If the facility is a
timber products operation (sector A), state which outfalls (if any) receive
discharges from wet decking areas, and which outfalls (if any) collect runoff
from areas where mulch dyeing operations (including loading, transporting, and
storage) occur;
c. For all
facilities, state any outfalls receiving discharges from coal storage
piles;
d. If the facility
manufactures asphalt paving and roofing materials (sector D), state which
outfalls (if any) receive discharges from areas where production of asphalt
paving emulsions or roofing emulsions occurs;
e. If the facility manufactures cement
(sector E), state which outfalls (if any) receive discharges from material
storage piles;
f. If a scrap
recycling and waste recycling facility (sector N - SIC 5093) only receives
source-separated recyclable materials, state which outfalls (if any) receive
discharges from this activity. List the metals (if any) that are received;
or
g. For primary airports subject
to 40 CFR 449 (1,000 or more annual departures of nonpropeller aircraft), list
the average deicing season and state which outfalls (if any) receive discharges
from deicing or anti-icing operations;
11. List the following facility area
information:
a. The total area of the facility
in acres;
b. The total area of
industrial activity of the facility in acres;
c. The total impervious surface area of the
industrial activity of the facility in acres;
d. The impervious and total areas in acres
draining to each industrial activity outfall at the facility. Outfalls shall be
numbered using a unique numerical identification code for each outfall. For
example: Outfall Number 001 or Outfall Number 002; and
e. The latitude and longitude of each outfall
location;
12. A site map
depicting the following shall be included with the registration statement:
a. The property boundaries;
b. All industrial activity outfalls labeled
with unique numerical identification for each outfall. Outfall numbering shall
be the same as that used for the facility area information in subdivision 11 of
this subsection; and
c. All water
bodies or MS4 conveyances, labeled with names if applicable, receiving
stormwater discharges from the site;
13. Virginia's Phase I Chesapeake Bay TMDL
Watershed Implementation Plan (November 29, 2010) states that wasteloads for
future growth for new facilities in the Chesapeake Bay watershed with
industrial stormwater discharges cannot exceed the nutrient and sediment
loadings that were discharged before the land was developed for the industrial
activity. For purposes of this permit regulation, facilities that begin
construction after June 30, 2024, must be consistent with this requirement to
be eligible for coverage under this general permit.
If this is a new facility that began construction after June
30, 2024, in the Chesapeake Bay watershed and is applying for first time
general permit coverage, attach documentation to the registration statement to
demonstrate:
a. That the total
phosphorus load does not exceed the greater of (i) the total phosphorus load
that was discharged from the industrial area of the property before the land
was developed for the new industrial activity or (ii) 0.41 pounds per acre per
year (water quality design criteria,
9VAC25-875-580). The documentation
must include the measures and controls that were employed to meet this
requirement, along with the supporting calculations. The owner may include
additional nonindustrial land on the site as part of any plan to comply with
the no net increase requirement. Consistent with the definition of "site," this
includes adjacent land used in connection with the facility. Compliance with
the water quality design criteria may be determined utilizing the Virginia
Runoff Reduction Method or another equivalent methodology approved by the
department. Design specifications and pollutant removal efficiencies for
specific BMPs can be found on the Virginia Stormwater BMP Clearinghouse
website; or
b. The owner may
consider utilization of any pollutant trading or offset program in accordance
with §§
62.1-44.19:20 through
62.1-44.19:23 of the Code of
Virginia, governing trading and offsetting, to meet the no net increase
requirement;
14. State
Corporation Commission entity identification number if the facility is required
to obtain an entity identification number by law; and
15. 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."
D. The
registration statement shall be signed in accordance with
9VAC25-31-110 A.
E. Where to submit. The registration
statement may be delivered to the department by either postal or electronic
mail and shall be submitted to the DEQ regional office serving the area where
the industrial 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
