Current through Register Vol. 41, No. 3, September 23, 2024
Any owner whose registration statement is accepted by the
director will receive the following general permit and shall comply with the
requirements therein and be subject to the VPDES Permit Regulation, 9VAC25-31.
Facilities with colocated industrial activities shall comply with all
applicable monitoring and SWPPP requirements of each industrial activity sector
of this chapter in which a colocated industrial activity is described. All
pages of 9VAC25-151-70 and
9VAC25-151-80 apply to all
stormwater discharges associated with industrial activity covered under this
general permit. Not all pages of
9VAC25-151-90 et seq. will apply to
every permittee. The determination of which pages apply will be based on an
evaluation of the regulated activities located at the facility.
VPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY
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, as
amended, and pursuant to the State Water Control Law and regulations adopted
pursuant thereto, owners of facilities with stormwater discharges associated
with industrial activity are authorized to discharge to surface waters within
the boundaries of the Commonwealth of Virginia, except those waters
specifically named in board regulation that prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, the registration statement, Part I-Effluent Limitations, Monitoring
Requirements and Special Conditions, Part II-Conditions Applicable to All VPDES
Permits, Part III-Stormwater Pollution Prevention Plan, Part IV-Sector-Specific
Permit Requirements, and Part V-Chesapeake Bay Total Maximum Daily Load
Compliance as set forth in this general permit.
Part I
Effluent Limitations, Monitoring Requirements and Special
Conditions
A. Effluent limitations and
monitoring requirements.
There are four individual and separate categories of
monitoring requirements that a facility may be subject to under this permit:
(i) quarterly visual monitoring;
(ii) benchmark monitoring of
discharges associated with specific industrial activities;
(iii) compliance monitoring for discharges
subject to numerical effluent limitations; and
(iv) monitoring of discharges to impaired
waters, both those with an approved TMDL and those without an approved TMDL.
The monitoring requirements and numeric effluent limitations applicable to a
facility depend on the types of industrial activities generating stormwater
runoff from the facility, and for TMDL monitoring, the location of the
facility's discharge. Part IV of the permit identifies monitoring requirements
applicable to specific sectors of industrial activity. The permittee shall
review Part I A 1 and Part IV of the permit to determine which monitoring
requirements and numeric limitations apply to the permittee's facility. Unless
otherwise specified, limitations and monitoring requirements under Part I A 1
and Part IV are additive.
Sector-specific monitoring requirements and limitations are
applied discharge by discharge at facilities with colocated activities. Where
stormwater from the colocated activities is commingled, the monitoring
requirements and limitations are additive. Where more than one numeric
limitation for a specific parameter applies to a discharge, compliance with the
more restrictive limitation is required. Where benchmark, numerical effluent
limitations, or TMDL monitoring requirements for a monitoring period overlap,
the permittee may use a single sample to satisfy monitoring
requirements.
1. Types of monitoring
requirements and limitations.
a. Quarterly
visual monitoring. The requirements and procedures for quarterly visual
monitoring are applicable to all facilities covered under this permit,
regardless of the facility's sector of industrial activity.
(1) The permittee shall perform and document
a quarterly visual examination of a stormwater discharge associated with
industrial activity from each outfall, except discharges exempted in Part I A 3
or A 4. The visual examinations shall be made at least once in each of the
following three-month periods: January through March, April through June, July
through September, and October through December. The visual examination shall
be made during normal working hours, where practicable, and when considerations
for safety and feasibility allow. If no storm event resulted in runoff from the
facility during a monitoring quarter, the permittee is excused from visual
monitoring for that quarter provided that documentation is included with the
monitoring records indicating that no runoff occurred.
(2) Samples shall be collected in accordance
with Part I A 2. Sample examination shall document observations of color, odor,
clarity, floating solids, settled solids, suspended solids, foam, oil sheen,
and other obvious indicators of stormwater pollution. The visual examination of
the sample shall be conducted in a well-lit area. No analytical tests are
required to be performed on the samples.
(3) The visual examination documentation
shall be maintained on-site with the SWPPP. The documentation shall include the
outfall location, the examination date and time, examination staff, the nature
of the discharge (i.e., runoff or snow melt), visual quality of the stormwater
discharge (including observations of color, odor, clarity, floating solids,
settled solids, suspended solids, foam, oil sheen, and other obvious indicators
of stormwater pollution), and probable sources of any observed stormwater
contamination.
b.
Benchmark monitoring of discharges associated with specific industrial
activities.
Table 70-1 identifies the specific industrial sectors subject
to the benchmark monitoring requirements of this permit and the
industry-specific pollutants of concern. The permittee shall refer to the
tables found in the individual sectors in Part IV for benchmark monitoring
concentration values. Colocated industrial activities at the facility that are
described in more than one sector in Part IV shall comply with all applicable
benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for the
permittee to use to determine the overall effectiveness of the SWPPP in
controlling the discharge of pollutants to receiving waters. Benchmark
concentration values, included in Part IV of this permit, are not effluent
limitations. Exceedance of a benchmark concentration does not constitute a
violation of this permit and does not show that violation of a water quality
standard has occurred; however, it does signal that modifications to the SWPPP
are necessary, unless justification is provided in a routine facility
inspection. In addition, exceedance of benchmark concentrations may identify
facilities that would be more appropriately covered under an individual, or
alternative general permit where more specific pollution prevention controls
could be required.
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TABLE 70-1
INDUSTRIAL SECTORS SUBJECT TO
BENCHMARK MONITORING
|
|
Industry
Sector1
|
SIC Code or Activity Code
|
Benchmark Monitoring Parameters
|
|
A
|
2421
|
TSS.
|
|
2491
|
Arsenic, Chromium, Copper.
|
|
2411
|
TSS.
|
|
2426
|
TSS.
|
|
2499 (24991303)
|
COD, TSS.
|
|
2499 (Mulch Dyeing)
|
BOD, TSS, COD, Aluminum, Arsenic, Cadmium, Chromium,
Copper, Selenium, Silver, Zinc, Total N, Total P.
|
|
B
|
2631
|
BOD.
|
|
C
|
2812-2819
|
Aluminum, Iron, Total N.
|
|
2821-2824
|
Zinc.
|
|
2841-2844
|
Total N, Zinc.
|
|
2873-2879
|
Total N, Zinc, Total P.
|
|
2875 (Composting Facilities)
|
TSS, BOD, COD, Ammonia, Total N, Total P.
|
|
D
|
2951, 2952
|
TSS.
|
|
E
|
3251-3259, 3261-3269
|
Aluminum.
|
|
3274, 3275
|
TSS, pH.
|
|
F
|
3312-3317
|
Aluminum, Zinc.
|
|
3321-3325
|
Aluminum, TSS, Copper, Zinc.
|
|
3351-3357
|
Copper, Zinc.
|
|
3363-3369
|
Copper, Zinc.
|
|
G2
|
1021
|
TSS.
|
|
H
|
1221-1241
|
TSS, Aluminum.
|
|
K
|
HZ (Hazardous Waste Treatment, Storage, or
Disposal)
|
TKN, TSS, TOC, Arsenic, Cadmium, Cyanide, Lead,
Mercury, Selenium, Silver.
|
|
L
|
LF (Landfills, Land Application Sites, and Open
Dumps)
|
TSS.
|
|
M
|
5015
|
TSS, Aluminum, Lead.
|
|
N
|
5093
|
Copper, Aluminum, Lead, Zinc, TSS, Cadmium,
Chromium.
|
|
4499
|
Aluminum, Cadmium, Chromium, Copper, Lead, Zinc,
TSS.
|
|
O
|
SE (Steam Electric Generating Facilities)
|
Facilities in Sector O are not subject to benchmark
requirements.
|
|
Q
|
4412-4499 (except 4499 facilities as specified in
Sector N)
|
TSS, Copper, Zinc.
|
|
3731, 3732
|
TSS, Copper, Zinc.
|
|
U
|
2021-2026
|
BOD, TSS.
|
|
2041-2048
|
TSS, TKN.
|
|
2074-2079
|
BOD, Total N, TSS.
|
|
Y
|
3011-3069
|
Zinc.
|
|
AA
|
3411-3471, 3482-3499, 3911-3915
|
Aluminum, Copper, Zinc.
|
|
3479
|
Zinc.
|
|
AB
|
3511-3599 (except 3571-3579)
|
TSS, TPH, Copper, Zinc.
|
|
AD
|
Nonclassified Facilities/Stormwater Discharges
Designated by the department as Requiring Permits
|
As determined by the director.
|
|
AE
|
2611, 2621, 2652-2657, 2671-2679, 2833-2836, 2851,
2861-2869, 2891-2899, 3952, 3211, 3221, 3229, 3231, 3241, 3281, 3291-3299,
3331-3339, 3398, 3399, 3341, 1311, 1321, 1381-1389, 2911, 4512-4581, (TW)
Treatment Works, 2011-2015, 2032-2038, 2051-2053, 2061-2068, 2082-2087,
2091-2099, 2111-2141, 2211-2299, 2311-2399, 3131-3199, 2434, 2511-2599,
2711-2796, 3081-3089, 3931, 3942-3949, 3951-3955 (except 3952), 3961, 3965,
3991-3999, 3111, 3711-3799 (except 3731, 3732 see Sector Q), 3571-3579,
3612-3699, 3812-3873
|
Facilities in Sector AE are not subject to benchmark
monitoring requirements.
|
|
AF
|
4011, 4013, 4111-4173, 4212-4231, 4311, 5171
|
TSS.
|
|
1Table does not include
parameters for compliance monitoring under effluent limitations
guidelines.
2See Sector G (Part IV G)
for additional monitoring discharges from waste rock and overburden piles from
active ore mining or dressing facilities, inactive ore mining or dressing
facilities, and sites undergoing reclamation.
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(1) Benchmark
monitoring shall be performed for all benchmark parameters specified for the
industrial sector applicable to a facility's discharge. Monitoring shall be
performed at least once during each of the first four, and potentially all,
monitoring periods after coverage under the permit begins. Monitoring begins
with the first full monitoring period after the owner is granted coverage under
the permit. Monitoring periods are specified in Part I A 2.
(2) Benchmark monitoring waivers for
facilities testing below benchmark concentration values. Waivers from benchmark
monitoring are available to facilities whose discharges are below benchmark
concentration values on an outfall by outfall basis. Sector-specific benchmark
monitoring is not required to be conducted in subsequent monitoring periods
during the term of this permit provided:
(a)
Samples were collected in four consecutive monitoring periods, and the average
of the four samples for all parameters at the outfall is below the applicable
benchmark concentration value in Part IV. Facilities that were covered under
the 2019 industrial stormwater general permit may use sampling data from the
last two monitoring periods of that permit and the first two monitoring periods
of this permit to satisfy the four consecutive monitoring periods
requirement;
(b) The facility is
not subject to a numeric effluent limitation established in Part I A 1 c (1)
(stormwater effluent limitations), Part I A 1 c (2) (coal pile runoff), or Part
IV (Sector Specific Permit Requirements) for any of the parameters at that
outfall; and
(c) A waiver request
is submitted to and approved by the department. The waiver request shall be
sent to the appropriate DEQ regional office, along with the supporting
monitoring data for four consecutive monitoring periods, and a certification
that, based on current potential pollutant sources and control measures used,
discharges from the facility are reasonably expected to be substantially
similar or cleaner compared to when the benchmark monitoring for the four
consecutive monitoring periods was done.
Waiver requests will be evaluated by the department based on
(i) benchmark monitoring results below the benchmark concentration values; (ii)
a favorable compliance history (including inspection results); and (iii) no
outstanding enforcement actions.
The monitoring waiver may be revoked by the department for
cause. The permittee will be notified in writing that the monitoring waiver is
revoked, and that the benchmark monitoring requirements are again in force and
will remain in effect until the permit's expiration date.
(3) Samples shall be collected and
analyzed in accordance with Part I A 2. Monitoring results shall be reported in
accordance with Part I A 5 and Part II C and retained in accordance with Part
II B.
c. Compliance
monitoring for discharges subject to numerical effluent limitations or
discharges to impaired waters.
(1) Facilities
subject to stormwater effluent limitation guidelines.
(a) Facilities subject to stormwater effluent
limitation guidelines (see Table 70-2) are required to monitor the discharges
to evaluate compliance with numerical effluent limitations. Industry-specific
numerical limitations and compliance monitoring requirements are described in
Part IV of the permit. Permittees with colocated industrial activities at the
facility that are described in more than one sector in Part IV shall comply on
a discharge-by-discharge basis with all applicable effluent limitations from
each sector.
(b) Permittees shall
monitor the discharges for the presence of the pollutant subject to the
effluent limitation at least once during each of the monitoring periods after
coverage under the permit begins. Monitoring begins with the first full
monitoring period after the owner is granted coverage under the permit.
Monitoring periods are specified in Part I A 2. The substantially identical
outfall monitoring provisions (Part I A 2 f) are not available for numeric
effluent limits monitoring.
(c)
Samples shall be collected and analyzed in accordance with Part I A 2.
Monitoring results shall be reported in accordance with Part I A 5 and Part II
C, and retained in accordance with Part II B.
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TABLE 70-2
STORMWATER-SPECIFIC EFFLUENT
LIMITATION GUIDELINES
|
|
Effluent Limitation Guideline
|
Sectors with Affected
Facilities
|
|
Runoff from material storage piles at cement
manufacturing facilities ( 40 CFR Part 411 Subpart C (established February 20,
1974))
|
E
|
|
Contaminated runoff from phosphate fertilizer
manufacturing facilities ( 40 CFR Part 418 Subpart A (established April 8,
1974))
|
C
|
|
Coal pile runoff at steam electric generating
facilities ( 40 CFR Part 423 (established November 19, 1982))
|
O
|
|
Discharges resulting from spray down or intentional
wetting of logs at wet deck storage areas ( 40 CFR Part 429, Subpart I
(established January 26, 1981))
|
A
|
|
Runoff from asphalt emulsion facilities (40 CFR Part
443 Subpart A (established July 24, 1975))
|
D
|
|
Runoff from landfills ( 40 CFR Part 445, Subpart A
and B (established January 19, 2000))
|
K and L
|
|
Discharges from airport deicing operations ( 40 CFR
Part 449 (established May 16, 2012))
|
Facilities subject to the effluent limitation
guidelines in 40 CFR Part 449 may be covered under Sector AD.
|
(2) Facilities subject to coal pile runoff
monitoring.
(a) Facilities with discharges of
stormwater from coal storage piles shall comply with the limitations and
monitoring requirements of Table 70-3 for all discharges containing the coal
pile runoff, regardless of the facility's sector of industrial
activity.
(b) Permittees shall
monitor the stormwater discharges at least once during each of the monitoring
periods after coverage under the permit begins. Monitoring begins with the
first full monitoring period after the owner is granted coverage under the
permit. Monitoring periods are specified in Part I A 2. The substantially
identical outfall monitoring provisions (Part I A 2 f) are not available for
coal pile numeric effluent limits monitoring.
(c) The coal pile runoff shall not be diluted
with other stormwater or other flows to meet this limitation.
(d) If a facility is designed, constructed,
and operated to treat the volume of coal pile runoff that is associated with a
10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff
from the treatment unit is not subject to the 50 mg/L limitation for total
suspended solids.
(e) Samples shall
be collected and analyzed in accordance with Part I A 2. Monitoring results
shall be reported in accordance with Part I A 5 and Part II C, and retained in
accordance with Part II B.
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TABLE 70-3
NUMERIC LIMITATIONS FOR COAL PILE
RUNOFF
|
|
Parameter
|
Limit
|
Monitoring Frequency
|
Sample Type
|
|
Total Suspended Solids (TSS)
|
50 mg/l, max.
|
1/6 months
|
Grab
|
|
pH
|
6.0 min. - 9.0 max.
|
1/6 months
|
Grab
|
(3) Facilities discharging to an impaired
water with an approved TMDL wasteload allocation. Owners of facilities that are
a source of the specified pollutant of concern to waters for which a TMDL
wasteload allocation has been approved by the U.S. Environmental Protection
Agency (EPA) before the term of this permit will be notified by the department
when they are approved for coverage under the general permit.
(a) Upon written notification from the
department, permittees shall monitor the discharges for the pollutant subject
to TMDL wasteload allocation once every six months after coverage under the
permit begins, unless another sampling frequency is determined by the
department for polychlorinated biphenyls (PCBs). Monitoring begins with the
first full monitoring period after the owner is granted coverage under the
permit. Monitoring periods are specified in Part I A 2.
(b) Samples shall be collected and analyzed
in accordance with Part I A 2. Monitoring results shall be reported in
accordance with Part I A 5 and Part II C, and retained in accordance with Part
II B.
(c) If the pollutant subject
to the TMDL wasteload allocation is below the quantitation level in all of the
samples from the first four monitoring periods, the permittee may request to
the department in writing that further sampling be discontinued, unless the
TMDL has specific instructions to the contrary (in which case those
instructions shall be followed). The laboratory certificate of analysis shall
be submitted with the request. If approved, documentation of this shall be kept
with the SWPPP.
If the pollutant subject to the TMDL wasteload allocation is
above the quantitation level in any of the samples from the first four
monitoring periods, the permittee shall continue the scheduled TMDL monitoring
throughout the term of the permit. Applicable sampling data collected during
the 2019 industrial stormwater general permit term may be used to satisfy all
or part of the four monitoring periods requirement.
(d) Upon written notification from the
department, facilities exceeding the TMDL wasteload allocation shall prepare
and submit a pollutant minimization plan (PMP) designed to investigate the
location and potential reduction of sources in the facility's stormwater
discharges. The PMP shall be developed and submitted to the department for
approval within 180 days of the receipt of notification from the department.
The PMP shall include the following items, as appropriate:
(i) Facility contact for the contents of the
PMP and any activities associated with the PMP;
(ii) A proposed implementation schedule for
minimization activities and prospective milestones;
(iii) Proposed actions for known or probable
sources;
(iv) Proposed action to
find and control unknown sources;
(v) A summary of any previous minimization
activities; and
(vi) Information on
continuing assessment of progress, which may include establishment of criteria
to evaluate whether the location and potential reduction of sources have been
addressed.
(4)
Facilities discharging to an impaired water without an approved TMDL wasteload
allocation. Owners of facilities that discharge to waters listed as impaired in
the 2022 Final 305(b)/303(d) Water Quality Assessment Integrated Report, and
for which a TMDL wasteload allocation has not been approved before the term of
this permit, will be notified by the department when they are approved for
coverage under the general permit.
(a) Upon
written notification from the department, permittees shall monitor the
discharges for all pollutants for which the waterbody is impaired, and for
which a standard analytical method exists, at least once every six months after
coverage under the permit begins, unless otherwise determined by the department
for polychlorinated biphenyls (PCBs). Monitoring begins with the first full
monitoring period after the owner is granted coverage under the permit.
Monitoring periods are specified in Part I A 2.
(b) If the pollutant for which the waterbody
is impaired is suspended solids, turbidity, or sediment, or sedimentation,
monitor for total suspended solids (TSS). If the pollutant for which the
waterbody is impaired is expressed in the form of an indicator or surrogate
pollutant, monitor for that indicator or surrogate pollutant. No monitoring is
required when a waterbody's biological communities are impaired but no
pollutant, including indicator or surrogate pollutants, is specified as causing
the impairment, or when a waterbody's impairment is related to hydrologic
modifications, impaired hydrology, or temperature. Samples shall be collected
and analyzed in accordance with Part I A 2. Monitoring results shall be
reported in accordance with Part I A 5 and Part II C, and retained in
accordance with Part II B.
(c) If
the pollutant for which the water is impaired is below the quantitation level
in the discharges from the facility, or it is above the quantitation level but
its presence is caused solely by natural background sources, the permittee may
request to the department in writing that further impaired water monitoring be
discontinued. The laboratory certificate of analysis shall be submitted with
the request. If approved, documentation of this shall be kept with the SWPPP.
To support a determination that the pollutant's presence is
caused solely by natural background sources, the following documentation shall
be submitted with the request and kept with the SWPPP:
(i) an explanation of why it is believed that
the presence of the impairment pollutant in the facility's discharge is not
related to the activities at the facility; and
(ii) data or studies that tie the presence of
the impairment pollutant in the facility's discharge to natural background
sources in the watershed. Natural background pollutants include those
substances that are naturally occurring in soils or groundwater. Natural
background pollutants do not include legacy pollutants from earlier activity at
the facility's site or pollutants in run-on from neighboring sources that are
not naturally occurring.
2. Monitoring instructions.
a. Collection and analysis of samples.
Sampling requirements shall be assessed on an outfall by outfall basis. Samples
shall be collected and analyzed in accordance with the requirements of Part II
A.
b. When and how to sample. A
minimum of one grab sample shall be taken from the discharge associated with
industrial activity resulting from a storm event that results in a discharge
from the site, providing the interval from the preceding storm event discharge
is at least 72 hours. The 72-hour storm interval is waived if the permittee is
able to document that less than a 72-hour interval is representative for local
storm events during the sampling period. In the case of snowmelt, the
monitoring shall be performed at a time when a measurable discharge occurs at
the site. For discharges from a stormwater management structure, the monitoring
shall be performed at a time when a measurable discharge occurs from the
structure.
The grab sample shall be taken during the first 30 minutes of
the discharge. If it is not practicable to take the sample during the first 30
minutes, the sample may be taken during the first three hours of the discharge,
provided that the permittee explains why a grab sample during the first 30
minutes was impracticable. This information shall be submitted in the
department's electronic discharge monitoring report (e-DMR) system, and
maintained with the SWPPP. If the sampled discharge commingles with process or
nonprocess water, the permittee shall attempt to sample the stormwater
discharge before it mixes with the nonstormwater.
c. Storm event data. For each monitoring
event (except snowmelt monitoring), along with the monitoring results, the
permittee shall identify the date of the storm event sampled; rainfall total
(in inches) of the storm event that generated the sampled runoff; and the
interval between the storm event sampled and the end of the previous storm
event discharge. For snowmelt monitoring, the permittee shall identify the date
of the sampling event.
d.
Monitoring periods.
(1) Quarterly visual
monitoring. The quarterly visual examinations shall be made at least once in
each of the following three-month periods each year of permit coverage: January
through March, April through June, July through September, and October through
December.
(2) Benchmark monitoring,
effluent limitation monitoring, and impaired waters monitoring (for waters both
with and without an approved TMDL). Monitoring shall be conducted at least once
in each of the following semiannual periods each year of permit coverage:
January through June, and July through December.
e. Documentation explaining a facility's
inability to obtain a sample (including dates and times the outfalls were
viewed or sampling was attempted), of no rain event, or of deviation from the
72-hour storm interval shall be submitted with the e-DMR and maintained with
the SWPPP. Acceptable documentation includes National Climatic Data Center
(NCDC) weather station data, local weather station data, facility rainfall
logs, and other appropriate supporting data.
f. Representative outfalls - substantially
identical discharges. If the facility has two or more outfalls that discharge
substantially identical effluents, based on similarities of the industrial
activities, significant materials, size of drainage areas, and stormwater
management practices occurring within the drainage areas of the outfalls,
frequency of discharges, and stormwater management practices occurring within
the drainage areas of the outfalls, the permittee may conduct monitoring on the
effluent of just one of the outfalls and report that the observations also
apply to the substantially identical outfall. The substantially identical
outfall monitoring provisions apply to quarterly visual monitoring, benchmark
monitoring, and impaired waters monitoring (both those with and without an
approved TMDL). The substantially identical outfall monitoring provisions are
not available for numeric effluent limits monitoring. The permittee shall
include the following information in the SWPPP:
(1) The locations of the outfalls;
(2) An evaluation, including available
monitoring data, indicating the outfalls are expected to discharge
substantially identical effluents, including evaluation of monitoring data
where available; and
(3) An
estimate of the size of each outfall's drainage area in acres.
3. Adverse climatic
conditions waiver. When adverse weather conditions prevent the collection of
samples, a substitute sample may be taken during a qualifying storm event in
the next monitoring period. Adverse weather conditions are those that are
dangerous or create inaccessibility for staff and may include local flooding,
high winds, electrical storms, or situations that otherwise make sampling
impracticable (e.g., drought or extended frozen conditions). Unless
specifically stated otherwise, this waiver may be applied to any monitoring
required under this permit. Narrative documentation of conditions necessitating
the use of the waiver shall be kept with the SWPPP.
4. Inactive and unstaffed sites (including
temporarily inactive sites).
a. A waiver of
the quarterly visual monitoring, routine facility inspections, and monitoring
requirements (including benchmark, effluent limitation, and impaired waters
monitoring) may be granted by the department at a facility that is both
inactive and unstaffed, as long as the facility remains inactive and unstaffed
and there are no industrial materials or activities exposed to stormwater. The
owner of the facility is only required to conduct an annual routine site
inspection in accordance with the requirements in Part III B 5.
b. An inactive and unstaffed sites waiver
request shall be submitted to the department for approval and shall include the
name of the facility; the facility's VPDES general permit registration number;
a contact person, telephone number, and email address; the reason for the
request; and the date the facility became or will become inactive and
unstaffed. The waiver request shall be signed and certified in accordance with
Part II K. If this waiver is granted, a copy of the request and the
department's written approval of the waiver shall be maintained with the
SWPPP.
c. If circumstances change
and industrial materials or activities become exposed to stormwater or the
facility becomes either active or staffed, the permittee shall notify the
department within 30 days, and all quarterly visual monitoring, routine
facility inspections, and monitoring requirements shall be resumed
immediately.
d. The department
retains the right to revoke this waiver when it is determined that the
discharge is causing, has a reasonable potential to cause, or contributes to a
water quality standards violation.
e. Inactive and unstaffed facilities covered
under Sector G (Metal Mining) and Sector H (Coal Mines and Coal Mining-Related
Facilities) are not required to meet the "no industrial materials or activities
exposed to stormwater" standard to be eligible for this waiver, consistent with
the conditional exemption requirements established in Part IV Sector G and Part
IV Sector H.
5. Reporting
monitoring results.
a. Reporting to the
department. The permittee shall follow the reporting requirements and deadlines
in Table 70-4 for the types of monitoring that apply to the facility:
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TABLE 70-4
MONITORING REPORTING
REQUIREMENTS
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Semiannual Monitoring
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Submit the results by January 10 and by July
10.
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Quarterly Visual Monitoring
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Retain results with SWPPP - do not submit unless
requested to do so by the department.
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Permittees shall submit results for each outfall associated
with industrial activity according to the requirements of Part II C.
b. Significant digits. The
permittee shall report at least the same number of significant digits as a
numeric effluent limitation or TMDL wasteload allocation for a given parameter;
otherwise, at least two significant digits shall be reported for a given
parameter. Regardless of the rounding convention used by the permittee (i.e.,
five 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.
6. Corrective actions.
a. The permittee shall take corrective action
whenever:
(1) Routine facility inspections,
inspections by local, state or federal officials, or any other process,
observation or event result in a determination that modifications to the
stormwater control measures are necessary to meet the permit
requirements;
(2) There is any
exceedance of an effluent limitation (including coal pile runoff), TMDL
wasteload allocation, or a reduction required by a local ordinance established
by a municipality to meet Chesapeake Bay TMDL requirements;
(3) The department determines, or the
permittee becomes aware, that the stormwater control measures are not stringent
enough for the discharge to meet applicable water quality standards;
or
(4) Benchmark monitoring results
exceed the benchmark concentration value for a parameter.
The permittee shall review the SWPPP and modify it as
necessary to address any deficiencies. Revisions to the SWPPP shall be
completed within 60 days following the discovery of the deficiency. When
control measures need to be modified or added (distinct from regular preventive
maintenance of existing control measures described in Part III C),
implementation shall be completed before the next anticipated storm event if
possible, but no later than 60 days after the deficiency is discovered, or as
otherwise provided or approved by the department. In cases where construction
is necessary to implement control measures, the permittee shall include a
schedule in the SWPPP that provides for the completion of the control measures
as expeditiously as practicable, but no later than three years after the
deficiency is discovered. Where a construction compliance schedule is included
in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary
controls to be implemented in the affected portion of the facility before
completion of the permanent control measure. Any corrective actions taken shall
be documented and retained with the SWPPP. Any control measure modifications
shall be dated and document the amount of time taken to modify the applicable
control measures or implement additional control measures.
b. Natural background pollutant
levels. If the concentration of a pollutant exceeds a benchmark concentration
value and the permittee determines that exceedance of the benchmark is
attributable solely to the presence of that pollutant in the natural
background, corrective action is not required provided that:
(1) The concentration of the benchmark
monitoring result is less than or equal to the concentration of that pollutant
in the natural background;
(2) The
permittee documents and maintains with the SWPPP the supporting rationale for
concluding that benchmark exceedances are in fact attributable solely to
natural background pollutant levels. The supporting rationale shall include any
data previously collected by the facility or others (including literature
studies) that describe the levels of natural background pollutants in the
facility's stormwater discharges; and
(3) The permittee notifies the department on
the benchmark monitoring DMR that the benchmark exceedances are attributable
solely to natural background pollutant levels. Natural background pollutants
include those substances that are naturally occurring in soils or groundwater.
Natural background pollutants do not include legacy pollutants from earlier
activity on the facility's site, or pollutants in run-on from neighboring
sources that are not naturally occurring.
c. Follow-up reporting. If at any time
monitoring results show that discharges from the facility exceed an effluent
limitation or a TMDL wasteload allocation, or the department determines that
discharges from the facility are causing or contributing to an exceedance of a
water quality standard, immediate steps shall be taken to eliminate the
exceedances in accordance with Part I A 6. Within 30 calendar days of
implementing the relevant corrective action, an exceedance report shall be
submitted to the department and shall be signed in accordance with Part II K.
The following information shall be included in the report:
(1) General permit registration
number;
(2) Facility name and
address;
(3) Receiving water for
each outfall exceeding an effluent limitation of TMDL wasteload
allocation;
(4) Monitoring data
from the event being reported;
(5)
A narrative description of the situation;
(6) A description of actions taken since the
event was discovered and steps taken to minimize to the extent feasible
pollutants in the discharge; and
(7) A local facility contact name, email
address, and phone number.
B. Special conditions.
1. Authorized nonstormwater discharges.
Except as provided in this section or in Part IV, all discharges covered by
this permit shall be composed entirely of stormwater. The following
nonstormwater discharges are authorized by this permit:
a. Discharges from emergency firefighting
activities or firefighting training activities managed in a manner to avoid an
instream impact in accordance with §
9.1-207.1 of the Code of
Virginia;
b. Fire hydrant
flushings, managed in a manner to avoid an instream impact;
c. Potable water, including water line
flushings, managed in a manner to avoid an instream impact;
d. Uncontaminated condensate from air
conditioners, coolers, and other compressors and from the outside storage of
refrigerated gases or liquids;
e.
Irrigation drainage;
f. Landscape
watering provided all pesticides, herbicides, and fertilizer have been applied
in accordance with the approved labeling;
g. Routine external building washdown,
provided no soaps, solvents, or detergents are used, external building surfaces
do not contain hazardous substances, and the washwater is filtered, settled, or
similarly treated prior to discharge;
h. Pavement washwaters, provided no soaps,
solvents, detergents, or hazardous cleaning products are used, and no spills or
leaks of toxic or hazardous materials have occurred (unless all spilled or
leaked material is removed prior to washing), and the washwater is filtered,
settled, or similarly treated prior to discharge;
i. Uncontaminated groundwater or spring
water;
j. Foundation or footing
drains where flows are not contaminated with process materials; and
k. Incidental windblown mist from cooling
towers that collects on rooftops or adjacent portions of the facility, but not
intentional discharges from the cooling tower (e.g., "piped" cooling tower
blowdown or drains).
All other nonstormwater discharges are not authorized and
shall either be eliminated or covered under a separate VPDES permit.
2. Releases of hazardous
substances or oil in excess of reportable quantities. The discharge of
hazardous substances or oil in the stormwater discharges from the facility
shall be prevented or minimized in accordance with the SWPPP for the facility.
This permit does not authorize the discharge of hazardous substances or oil
resulting from an on-site spill. This permit does not relieve the permittee of
the reporting requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part
302 or §
62.1-44.34:19 of the Code of
Virginia.
Where a release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under either
40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour
period:
a. The permittee is required
to notify the department in accordance with the requirements of Part II G as
soon as he has knowledge of the discharge;
b. Where a release enters an MS4, the
permittee shall also notify the owner of the MS4; and
c. The SWPPP required under Part III shall be
reviewed to identify measures to prevent the reoccurrence of the releases and
to respond to the releases, and the SWPPP shall be modified where
appropriate.
3. Colocated
industrial activity. If the facility has industrial activities occurring
on-site that are described by any of the activities in Part IV of the permit,
those industrial activities are considered to be colocated industrial
activities. Stormwater discharges from colocated industrial activities are
authorized by this permit, provided that the permittee complies with any and
all additional SWPPP and monitoring requirements from Part IV applicable to
that particular colocated industrial activity. The permittee shall be
responsible for additional SWPPP and monitoring requirements applicable to the
colocated industrial activity by examining the narrative descriptions of all
discharges covered under this section.
4. The stormwater discharges authorized by
this permit may be combined with other sources of stormwater that are not
required to be covered under a VPDES permit, so long as the combined discharge
is in compliance with this permit.
5. There shall be no discharge of waste,
garbage, or floating debris in other than trace amounts.
6. Approval for coverage under this general
permit does not relieve the permittee of the responsibility to comply with any
other applicable federal, state, or local statute, ordinance, or
regulation.
7. Discharges to waters
subject to TMDL wasteload allocations. Owners of facilities that are a source
of the specified pollutant of concern to waters for which a TMDL wasteload
allocation has been approved by EPA before the term of this permit shall
incorporate measures and controls into the SWPPP required by Part III that are
consistent with the assumptions and requirements of the TMDL. The department
will provide written notification to the owner that a facility is subject to
the TMDL requirements. The facility's SWPPP shall specifically address any
conditions or requirements included in the TMDL that are applicable to
discharges from the facility. If the TMDL establishes a specific numeric
wasteload allocation that applies to discharges from the facility, the owner
shall perform any required monitoring in accordance with Part I A 1 c (3), and
implement control measures designed to meet that allocation.
8. Discharges through a regulated MS4 to
waters subject to the Chesapeake Bay TMDL. In addition to the requirements of
this permit, any facility with industrial activity stormwater discharges
through a regulated MS4 that is notified by the MS4 operator that the locality
has adopted ordinances to meet the Chesapeake Bay TMDL shall incorporate
measures and controls into its SWPPP to comply with applicable local TMDL
ordinance requirements.
9.
Expansion of facilities that discharge to waters subject to the Chesapeake Bay
TMDL. Virginia's Phase I Chesapeake Bay TMDL Watershed Implementation Plan
(November 29, 2010), states that the wasteloads from any expansion of an
existing permitted facility discharging stormwater in the Chesapeake Bay
watershed cannot exceed the nutrient and sediment loadings that were discharged
from the expanded portion of the land prior to the land being developed for the
expanded industrial activity.
a. For any
industrial activity area expansions (i.e., construction activities, including
clearing, grading, and excavation activities) that begin on or after July 1,
2024, the permittee shall document in the SWPPP the information and
calculations used to determine the nutrient and sediment loadings discharged
from the expanded land area before the land was developed, and the measures and
controls that were employed to meet the no net increase of stormwater nutrient
and sediment load as a result of the expansion of the industrial activity. Any
land disturbance that is exempt from permitting under the VPDES construction
stormwater general permit regulation (9VAC25-880) is exempt from this
requirement.
b. The permittee may
use the water quality design criteria,
9VAC25-875-580, to meet the
requirements of Part I B 10 a. Under this criteria, the total phosphorus load
shall not exceed the greater of (i) the total phosphorus load that was
discharged from the expanded portion of the land before the land being
developed for the industrial activity or (ii) 0.41 pounds per acre per year.
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.
c. The permittee 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.
10. Water
quality protection. The discharges authorized by this permit shall be
controlled as necessary to meet applicable water quality standards. The
department expects that compliance with the conditions in this permit will
control discharges as necessary to meet applicable water quality
standards.
11. Adding or deleting
stormwater outfalls. The permittee may add new or delete existing stormwater
outfalls at the facility as necessary and appropriate. The permittee shall
update the SWPPP and notify the department of all outfall changes within 30
days of the change. The permittee shall submit a copy of the updated SWPPP site
map with this notification.
12.
Antidegradation requirements for new or increased discharges to high quality
waters. Facilities that add new outfalls, or increase their discharges from
existing outfalls that discharge directly to high quality waters designated
under Virginia's water quality standards antidegradation policy under
9VAC25-260-30 A 2 may be notified
by the department that additional control measures, or other permit conditions
are necessary to comply with the applicable antidegradation requirements, or
may be notified that an individual permit is required in accordance with
9VAC25-31-170 B 3.
13. Termination of permit coverage.
a. The owner may terminate coverage under
this general permit by filing a notice of termination with the department. The
notice of termination may be filed after one or more of the following
conditions have been met:
(1) Operations have
ceased at the facility and there are no longer discharges of stormwater
associated with industrial activity from the facility;
(2) A new owner has assumed responsibility
for the facility. A notice of termination does not have to be submitted if a
VPDES Change of Ownership Agreement Form has been submitted;
(3) All stormwater discharges associated with
industrial activity have been covered by an individual VPDES permit;
or
(4) Termination of coverage is
being requested for another reason, provided the department agrees that
coverage under this general permit is no longer needed.
b. The notice of termination shall contain
the following information:
(1) Owner's name,
mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES industrial stormwater general
permit registration number;
(4) The
basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner
has assumed responsibility for the facility;
(b) A statement indicating that operations
have ceased at the facility, and there are no longer discharges of stormwater
associated with industrial activity from the facility;
(c) A statement indicating that all
stormwater discharges associated with industrial activity have been covered by
an individual VPDES permit; or
(d)
A statement indicating that termination of coverage is being requested for
another reason and a description of the reason; and
(5) The following certification: "I certify
under penalty of law that all stormwater discharges associated with industrial
activity from the identified facility that are authorized by this VPDES general
permit have been eliminated, or covered under a VPDES individual permit, or
that I am no longer the owner of the industrial activity, or permit coverage
should be terminated for another reason listed above. I understand that by
submitting this notice of termination, that I am no longer authorized to
discharge stormwater associated with industrial activity in accordance with the
general permit, and that discharging pollutants in stormwater associated with
industrial activity to surface waters is unlawful where the discharge is not
authorized by a VPDES permit. I also understand that the submittal of this
notice of termination does not release an owner from liability for any
violations of this permit or the Clean Water Act."
c. The notice of termination shall be signed
in accordance with Part II K.
d.
The notice of termination shall be submitted to the DEQ regional office serving
the area where the industrial facility is located.
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 the analyses.
2. The permittee shall retain
copies of the SWPPP, including any modifications made during the term of this
permit, 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 that coverage under
this permit expires or is terminated. 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 department.
C. Reporting monitoring results.
1. The permittee shall submit the results of
the monitoring required by this permit not later than the 10th day of the month
after monitoring takes place, unless another reporting schedule is specified
elsewhere in this permit. Monitoring results shall be submitted to the
department's regional office.
2.
Monitoring results shall be reported in the department's electronic discharge
monitoring report (e-DMR) system. All reports and forms submitted in compliance
with this permit shall be submitted electronically by the permittee in
accordance with
9VAC25-31-1020.
3. 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 in e-DMR or
reporting form specified by the department.
4. Calculations for all limitations which
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 department 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 department may require the permittee
to furnish on request 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 other information as may be necessary to
accomplish the purposes of the State Water Control Law. The permittee shall
also furnish to the department on 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
department, 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 state waters and make them detrimental to
the public health, or to animal or aquatic life, or to the use of state waters
for domestic or industrial consumption, for recreation, or for other
uses.
G. Reports of
unauthorized discharges. Any permittee who 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
who 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 the 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 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 1 b. 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. A 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 Part II I:
(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 department 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 shall 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, the online portal shall be used. For
emergencies, call the Virginia Department of Emergency Management's Emergency
Operations Center (24-hours) at 1-800-468-8892.
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 began:
(1) After promulgation of standards of
performance under § 306 of the Clean Water Act which are applicable to the
source; or
(2) After proposal of
standards of performance in accordance with § 306 of the Clean Water Act
that are applicable to the 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 the 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 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 that 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 ensure long-term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or 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. All
reports required by permits, and other information requested by the department
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 (e.g., 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 be
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 before 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; for permit coverage
termination or 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 within the time provided in the regulations that establish these
standards even if this permit has not yet been modified to incorporate the
requirement.
M. Duty to
reapply. If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee shall submit a
new registration statement at least 60 days before the expiration date of the
existing permit, unless permission for a later date has been granted by the
department. The department shall not grant permission for registration
statements to be submitted later than the expiration date of the existing
permit.
N. Effect of a permit. This
permit neither conveys any property rights in either real or personal property
or any exclusive privileges nor authorizes 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 as described in Part II U
and upset as described in 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 includes
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 the 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 which 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 assure 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 department
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 (e.g., 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 which 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 department may approve an anticipated
bypass, after considering its adverse effects, if the department determines
that it will meet the three conditions listed in Part II U 3 a.
V. Upset.
1. An upset 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 causes 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 on 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 in this general permit shall make an
inspection unreasonable during an emergency.
X. Permit actions. Permit coverages may be
terminated for cause. The filing of a request by the permittee for a permit
termination or a notification of planned changes or anticipated noncompliance
does not stay any permit condition.
Y. Transfer of permits.
1. Permits are not transferable to any person
except after notice to the department.
2. Coverage under this permit may be
automatically transferred to a new permittee if:
a. 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
department;
b. 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
c. The department
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 b.
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
