Current through Register Vol. 41, No. 3, September 23, 2024
A. Any 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
for nonmetallic mineral mining facilities.
1.
New facilities. Any owner proposing a discharge shall submit a complete
registration statement at least 60 days prior to the date planned for
commencement of the discharge or a later submittal date established by the
department.
2. Existing facilities.
a. Any owner covered by an VPDES individual
permit that 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 VPDES general
permit for nonmetallic mineral mining and that intends to continue coverage
under this general permit shall submit a complete registration statement to the
department at least 60 days prior to the expiration of the existing permit or a
later submittal date established by the department.
B. Late registration statements.
Registration statements for existing facilities covered under subdivision A 2 b
of this section will be accepted after the expiration date of this permit, but
authorization to discharge will not be retroactive.
C. The required registration statement shall
contain the following information:
1. Facility
owner and facility contact name, address, email address, and telephone
number;
2. Facility name, county,
and location;
3. Description of
mining activity;
4. Primary and
secondary SIC and NAICS codes;
5.
Discharge information including:
a. A list of
outfalls identified by outfall numbers;
b. Characterization of the type of each
listed outfall's discharge as either process wastewater, stormwater, or process
wastewater commingled with stormwater;
c. Characterization of the source of each
listed outfall's discharge as either mine pit dewatering, stormwater associated
with industrial activity (see definition in
9VAC25-190-10), stormwater not
associated with industrial activity, groundwater infiltration, process
wastewater from vehicle or equipment degreasing activities, vehicle washing and
return water from operations where mined material is dredged, mined material
washing, noncontact cooling water, miscellaneous plant cleanup wastewater,
colocated facility discharges (identify the colocated facility), other
discharges not listed here (describe), or any combination of the items listed
in this subdivision c;
d. The
receiving stream, including wetlands for each outfall listed;
e. The latitude and longitude for each
outfall listed; and
f. Indicate
which stormwater outfalls could operate as substantially identical or
representative outfalls (if any). Provide the following for each:
(1) The locations of the outfalls;
and
(2) Why the outfalls are
expected to discharge substantially identical effluents including, where
available, evaluation of monitoring data;
6. Indicate if the facility has a current
VPDES permit and the permit number if it does;
7. Description of process wastewater
treatment, reuse or recycle systems, or both;
8. List of any treatment chemicals added to
process wastewater or stormwater that could be discharged. Include safety data
sheets, the maximum proposed dosing rates, and a demonstration that application
or use will not result in aquatic toxicity;
9. List of colocated facilities;
10. Indicate if the facility is a hazardous
waste treatment, storage, or disposal facility;
11. Schematic drawing showing water flow from
source to water-using industrial operations to waste treatment and disposal and
disposal of any solids removed from process wastewater;
12. Aerial photo or scale map that clearly
shows the property boundaries, plant site, drainage areas associated with each
outfall, locations of all mine pit dewatering, existing, significant sources of
materials exposed to precipitation, stormwater or process wastewater outfalls,
and receiving streams;
13.
Evidence, such as the permit-license to operate a mine page, that the operation
to be covered by this general permit has a mining permit that has been approved
by the Virginia Department of Energy, Division of Mineral Mining (or associated
waivered program) under the provisions and requirements of Title 45.2 of the
Code of Virginia (or appropriate bordering state authorization). Mineral mines
owned and operated by governmental bodies not subject to the provisions and
requirements of Title 45.2 of the Code of Virginia are exempt from this
requirement;
14. Mining permit
number;
15. Whether the permitted
facility will discharge to a municipal separate storm sewer system (MS4). If
yes, the facility owner shall notify the MS4 owner of the existence of the
discharge at the time of registration under this permit and include that
notification with the registration statement. The notification shall include
the following information: the name of the facility, a contact person and
contact information, the location of the discharge, the nature of the
discharge, and the facility's VPDES general permit number if assigned by
DEQ;
16. Indicate if there are
vehicle or equipment degreasing activities performed on site. If yes, indicate
if there is any process wastewater generated from these activities;
17. Provide certification that the process
wastewater system is designed to operate as "no discharge" if special condition
9VAC25-190-70 Part I B 15 is to
apply to the facility. Identify the emergency outfall number;
18. State Corporation Commission entity
identification number if the facility is required to obtain an entity
identification number by law;
19.
Ownership type, whether located on Indian lands, and existing VPDES permits;
and
20. 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.
E. Where to submit. The registration
statement shall 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 Notice 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 federal Clean Water Act; 40 CFR Parts 122, 123, and
124.