Current through Register Vol. 41, No. 3, September 23, 2024
Any owner whose registration statement is accepted by the
board shall comply with the requirements of the general permit and be subject
to all requirements of
9VAC25-31-170 of the VPDES Permit
Regulation.
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 vehicle wash facilities and laundry facilities are
authorized to discharge to surface waters within the boundaries of the
Commonwealth of Virginia, except those specifically named in board regulations
that prohibit such discharges.
The authorized discharge shall be in accordance with the
information submitted with the registration statement, this cover page, Part I
- Effluent Limitations, Monitoring Requirements, Special Conditions and Part II
- Conditions Applicable to All VPDES Permits, as set forth in this general
permit.
Part I
A.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
4. During the period beginning with the
permittee's coverage under this general permit and lasting until the permit's
expiration date, the permittee is authorized to discharge wastewater
originating from a combined vehicle wash and laundry facility from outfalls:
Such discharges shall be limited and monitored by the
permittee as specified below:
EFFLUENT
CHARACTERISTICS |
DISCHARGE LIMITATIONS |
MONITORING REQUIREMENTS |
Minimum |
Maximum |
Frequency(3) |
Sample Type |
Flow (GPD) |
NA |
NL |
1/Quarter |
Estimate |
pH (S.U.) |
6.0(1) |
9.0(1) |
1/Quarter |
Grab |
TSS (mg/l) |
NA |
60(2) |
1/Quarter |
5G/8HC |
BOD5 (mg/l) |
NA |
60(1),
(2) |
1/Quarter |
Grab |
Oil and Grease |
NA |
15 |
1/6 Months |
Grab |
Dissolved Oxygen (mg/l) |
6.0(1) |
NA |
1/Quarter |
Grab |
Temperature °C |
NA |
32 (1),
(4) |
1/6 Months |
Immersion Stabilization |
Total Residual Chlorine (mg/l) |
NA |
.011(1) |
1/Quarter |
Grab |
E.
Coli(5) |
NA |
235 CFU/100 ml |
1/6 Months |
Grab |
Enterococci(6) |
NA |
104 CFU/100 ml |
1/6 Months |
Grab |
Fecal
Coliform(7) |
NA |
200 CFU/100 ml |
1/6 Months |
Grab |
NL - No Limitation, monitoring requirement
only
NA - Not applicable
CFU - Colony forming units
(1)Where the Water Quality Standards (9VAC25-260)
establish alternate standards for pH, BOD5, DO, TRC and
temperature in waters receiving the discharge, those standards shall be, as
appropriate, the maximum and minimum effluent limitations.
(2)Limit given is expressed in two significant
figures.
(3)Reports of quarterly monitoring shall be
submitted to the DEQ regional office no later than the 10th day of April, July,
October, and January. Reports of once per six months shall be submitted no
later than the 10th day of January and the 10th day of July for samples
collected by December 31 and June 30 of each year.
(4)The effluent temperature shall not exceed a
maximum 32°C for discharges to nontidal coastal and piedmont waters,
31°C for mountain and upper piedmont waters, 21°C for put and take
trout waters, or 20°C for natural trout waters. For estuarine waters,
nontidal coastal and piedmont waters, mountain and upper piedmont waters, and
put and take trout waters, the effluent shall not cause an increase in
temperature of the receiving stream of more than 3°C above the natural
water temperature. For natural trout waters, the temperature of the effluent
shall not cause an increase of 1°C above natural water temperature. The
effluent shall not cause the temperature in the receiving stream to change more
than 2°C per hour, except in the case of natural trout waters where the
hourly temperature change shall not exceed 0.5°C.
(5)Applies only when the discharge is into
freshwater (see
9VAC25-260-140 C for the classes of
waters and boundary designations).
(6)Applies only when the discharge is into
saltwater or the transition zone (see
9VAC25-260-140 C for the classes of
waters and boundary designations).
(7)Applies only when the discharge is into
shellfish waters (see
9VAC25-260-160 for the description
of what are shellfish waters). |
B. Special conditions.
1. The permittee of a vehicle wash facility
shall perform visual examinations of the effluent including sheens, floating
solids, or visible foam and maintenance of the wastewater treatment facilities
and inlet protection measures, if applicable, at least once per week and
document this visual examination and maintenance activities in the operational
log. This operational log shall include the examination date and time,
examination personnel, presence of a discharge, and the visual quality of the
discharge. The operational log shall be made available for review by the
department personnel upon request.
2. The effluent shall be free of sheens.
There shall be no discharge of floating solids or visible foam in other than
trace amounts.
3. No sewage shall
be discharged from a point source to surface waters from this facility except
under the provisions of another VPDES permit specifically issued for that
purpose.
4. There shall be no
chemicals added to the water or waste that may be discharged other than those
listed on the owner's accepted registration statement, unless prior approval of
the chemical is granted by the board.
5. Wastewater should be reused or recycled
whenever feasible.
6. The permittee
of a vehicle wash facility shall comply with the following solids management
plan, where applicable:
a. Any settling basins
or oil water separators shall be cleaned in accordance with the schedule
outlined in the operation and maintenance (O&M) manual and at a frequent
enough interval to achieve effective treatment.
b. Any solids from settling basins, oil water
separators, trash, or other debris shall be handled, stored, and disposed of so
as to prevent a discharge to state waters of such solids.
7. Washing of vehicles or containers bearing
residue of animal manure or toxic chemicals (fertilizers, organic chemicals,
etc.) is prohibited. If the facility is a self-service operation, the permittee
shall post this prohibition on a sign prominently located and of sufficient
size to be easily read by all patrons.
8. If the facility has a vehicle wash
discharge with a monthly average flow rate of less than 5,000 gallons per day,
and the flow rate increases above a monthly average flow rate of 5,000 gallons
per day, an amended registration statement shall be filed within 30 days of the
increased flow.
9. A permittee
submitting a registration statement in accordance with Part II M and
discharging into a municipal separate storm sewer shall notify the owner of the
municipal separate storm sewer system of the existence of the discharge 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 contact information (phone number
and email), the location of the discharge, the nature of the discharge, and the
facility's VPDES general permit number, if known or existing.
10. Approval for coverage under this general
permit does not relieve any owner of the responsibility to comply with any
other federal, state, or local statute, ordinance, or regulation.
11. The owner of a facility discharging
vehicle wash water directly to a stormwater drain shall provide inlet
protection measures in addition to meeting all other requirements of the
permit.
12. The permittee shall
notify the department as soon as the permittee knows or has reason to believe:
a. That any activity has occurred or will
occur that would result in the discharge, on a routine or frequent basis, of
any toxic pollutant that is not limited in this permit, if that discharge will
exceed the highest of the following notification levels:
(1) One hundred micrograms per liter of the
toxic pollutant;
(2) Two hundred
micrograms per liter for acrolein and acrylonitrile; five hundred micrograms
per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter for antimony;
(3) Five times the maximum concentration
value reported for that pollutant in the permit application; or
(4) The level established by the
board.
b. That any
activity has occurred or will occur that would result in any discharge, on a
nonroutine or infrequent basis, of a toxic pollutant that is not limited in
this permit, if that discharge will exceed the highest of the following
notification levels:
(1) Five hundred
micrograms per liter of the toxic pollutant;
(2) One milligram per liter for
antimony;
(3) Ten times the maximum
concentration value reported for that pollutant in the permit application;
or
(4) The level established by the
board.
13.
Operation and maintenance manual requirement. The permittee shall develop and
maintain an accurate operation and maintenance (O&M) manual for the
wastewater treatment works and applicable inlet protection measures. This
manual shall detail the practices and procedures that will be followed to
ensure compliance with the requirements of this permit. The permittee shall
operate and maintain the treatment works and the inlet protection measures in
accordance with the O&M manual. The O&M manual shall be reviewed and
updated at least annually and shall be signed and certified in accordance with
Part II K of this permit. The O&M manual shall be made available for review
by the department personnel upon request. The O&M manual shall include the
following items, as appropriate:
a. Techniques
to be employed in the collection, preservation, and analysis of effluent
samples;
b. Stormwater inlet
protection measure directions for use and maintenance of equipment;
c. Best management practices
employed;
d. Treatment system
operation, routine preventive maintenance of units within the treatment system,
critical spare parts inventory, and recordkeeping;
e. A sludge/solids management plan, including
the schedule for settling basin or oil water separator cleaning and solids
handling as required by Part I B 6;
f. Procedures for performing the visual
examination and maintenance required by Part I B 1 including example log sheets
and the location of the operational log; and
g. Date when the O&M manual was updated
or reviewed and any changes that were made.
14. Compliance reporting under Part I A 1
through 4.
a. The quantification levels (QL)
shall be as follows:
Effluent
Characteristic |
Quantification Level |
BOD5 |
2 mg/l |
TSS
|
1.0 mg/l
|
Oil and Grease |
5.0 mg/l |
Chlorine |
0.10 mg/l |
The QL is defined as the lowest concentration used to
calibrate a measurement system in accordance with the procedures published for
the test method.
b.
Reporting. Any single datum required shall be reported as "<QL" if it is
less than the QL in subdivision 14 a of this subsection. Otherwise, the
numerical value shall be reported. The QL must be less than or equal to the QL
in subdivision 14 a of this subsection.
c. Monitoring results shall be reported using
the same number of significant digits as listed in the permit. Regardless of
the rounding convention used by the permittee (e.g., 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.
15. The discharges authorized by this permit
shall be controlled as necessary to meet applicable water quality standards in
9VAC25-260.
16. Discharges to
waters with an approved total maximum daily load (TMDL). Owners of facilities
that are a source of the specified pollutant of concern to waters where an
approved TMDL has been established shall implement measures and controls that
are consistent with the assumptions and requirements of the TMDL.
17. Notice of termination.
a. The owner may terminate coverage under
this general permit by filing a complete 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 wastewater
discharges from vehicle wash or laundry activities 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 discharges associated with this
facility have been covered by a VPDES individual permit or an alternative VPDES
permit; or
(4) Termination of
coverage is requested for another reason provided the board 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 vehicle wash facilities and laundry
facilities general permit number; and
(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
wastewater discharges from vehicle wash or laundry activities from the
facility;
(c) A statement
indicating that all wastewater discharges from vehicle wash facilities and
laundry facilities have been covered by an individual VPDES permit;
or
(d) A statement indicating that
termination of coverage is being requested for another reason (state the
reason).
c.
The following certification:
"I certify under penalty of law that all wastewater
discharges from vehicle wash or laundry facilities from the identified facility
that are authorized by this VPDES general permit have been eliminated, or
covered under a VPDES individual or alternative 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 wastewater from
vehicle wash facilities or laundry facilities in accordance with the general
permit, and that discharging pollutants in wastewater from vehicle wash
facilities or laundry facilities 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."
d. The notice of termination shall
be signed in accordance with Part II K.
e. The notice of termination shall be
submitted to the DEQ regional office serving the area where the vehicle wash or
laundry 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 such analyses.
2. Except for records of
monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period
of at least five years, the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used to complete the
registration statement for this permit, for a period of at least three years
from the date of the sample, measurement, report or request for coverage. This
period of retention shall be extended automatically during the course of any
unresolved litigation regarding the regulated activity or regarding control
standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
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 on a Discharge Monitoring Report (DMR) or
on forms provided, approved or specified by the department. Following
notification from the department of the start date for the required electronic
submission of monitoring reports, as provided for in
9VAC25-31-1020, such forms and
reports submitted after that date shall be electronically submitted to the
department in compliance with this section and
9VAC25-31-1020. There shall be at
least three months' notice provided between the notification from the
department and the date after which such forms and reports must be submitted
electronically.
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 the DMR or reporting form specified by the department.
4. Calculations for all limitations that
require averaging of measurements shall utilize an arithmetic mean unless
otherwise specified in this permit.
D. Duty to provide information. The permittee
shall furnish to the department, within a reasonable time, any information that
the board may request to determine whether cause exists for terminating
coverage under this permit or to determine compliance with this permit. The
board may require the permittee to furnish, upon request, such plans,
specifications, and other pertinent information as may be necessary to
determine the effect of the wastes from the permittee's discharge on the
quality of state waters, or such other information as may be necessary to
accomplish the purposes of the State Water Control Law. The permittee shall
also furnish to the department upon request, copies of records required to be
kept by this permit.
E. Compliance
schedule reports. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule
of this permit shall be submitted no later than 14 days following each schedule
date.
F. Unauthorized discharges.
Except in compliance with this permit or another permit issued by the board, it
shall be unlawful for any person to:
1.
Discharge into state waters sewage, industrial wastes, other wastes, or any
noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or
biological properties of such state waters and make them detrimental to the
public health, or to animal or aquatic life, or to the use of such waters for
domestic or industrial consumption, or 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 (see Part II I 4) upon discovery of the discharge,
but in no case later than 24 hours after said discovery. A written report of
the unauthorized discharge shall be submitted to the department within five
days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location
of the discharge;
2. The cause of
the discharge;
3. The date on which
the discharge occurred;
4. The
length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long
it is expected to continue;
7. If
the discharge is continuing, what the expected total volume of the discharge
will be; and
8. Any steps planned
or taken to reduce, eliminate and prevent a recurrence of the present discharge
or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate
reporting requirements of other regulations are exempted from this
requirement.
H.
Reports of unusual or extraordinary discharges. If any unusual or extraordinary
discharge, including a bypass or upset, should occur from a treatment works,
and the discharge enters or could be expected to enter state waters, the
permittee shall promptly notify (see Part II I 4), 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 submit the report to the department in writing within five days of
discovery of the discharge in accordance with Part II I 2. Unusual and
extraordinary discharges include any discharge resulting from:
1. Unusual spillage of materials resulting
directly or indirectly from processing operations;
2. Breakdown of processing or accessory
equipment;
3. Failure or taking out
of service some or all of the treatment works; and
4. Flooding or other acts of
nature.
I. Reports of
noncompliance. The permittee shall report any noncompliance that may adversely
affect state waters or may endanger public health.
1. An oral report shall be provided within 24
hours from the time the permittee becomes aware of the circumstances. The
following shall be included as information that shall be reported within 24
hours under this subsection:
a. Any
unanticipated bypass; and
b. Any
upset which causes a discharge to surface waters.
2. A written report shall be submitted within
five days and shall contain:
a. A description
of the noncompliance and its cause;
b. 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
c. Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case
basis for reports of noncompliance under Part II I if the oral report has been
received within 24 hours and no adverse impact on state waters has been
reported.
3. The
permittee shall report all instances of noncompliance not reported under Part
II I 1 or 2, in writing, at the time the next monitoring reports are submitted.
The reports shall contain the information listed in Part II I 2.
4. The immediate (within 24 hours) reports
required in Part II G, H, and I may be made to the department's regional
office. Reports may be made by telephone or online at
https://www.deq.virginia.gov/our-programs/pollution-response. For reports
outside normal working hours, leave a message and this shall fulfill the
immediate reporting requirement. For emergencies, the Virginia Department of
Emergency Management maintains a 24-hour telephone service at
1-800-468-8892.
5. Where the
permittee becomes aware that it failed to submit any relevant facts in a permit
registration statement or in any report to the department, it shall promptly
submit such facts or information.
J. Notice of planned changes.
1. The permittee shall give notice to the
department as soon as possible of any planned physical alterations or additions
to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition
to any building, structure, facility, or installation from which there is or
may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of
performance under § 306 of the Clean Water Act that are applicable to such
source; or
(2) After proposal of
standards of performance in accordance with § 306 of the Clean Water Act
that are applicable to such source, but only if the standards are promulgated
in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition
could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants that are subject neither to
effluent limitations nor to notification requirements specified in Part I B 12;
or
c. The alteration or addition
results in a significant change in the permittee's sludge use or disposal
practices, and such alteration, addition, or change may justify the application
of permit conditions that are different from or absent in the existing permit,
including notification of additional use or disposal sites not reported during
the permit registration 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 assure 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. Reporting requirements. All reports
required by permits and other information requested by the board shall be
signed by a person described in Part II K 1 or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
a. The authorization is made in
writing by a person described in Part II K 1;
b. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. A duly authorized representative may
thus be either a named individual or any individual occupying a named position;
and
c. The written authorization is
submitted to the department.
3. Changes to authorization. If an
authorization under Part II K 2 is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of Part II K 2 shall
be submitted to the department prior to or together with any reports or
information to be signed by an authorized representative.
4. Certification. Any person signing a
document under Part II K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to ensure 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 for denial of a permit coverage renewal application.
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 or prohibitions, 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 board. The board 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 does not
convey any property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of
personal rights, or any infringement of federal, state or local law or
regulations.
O. State law. Nothing
in this permit shall be construed to preclude the institution of any legal
action under, or relieve the permittee from any responsibilities, liabilities,
or penalties established pursuant to any other state law or regulation or under
authority preserved by § 510 of the Clean Water Act. Except as provided in
permit conditions on "bypassing" (Part II U) and "upset" (Part II V), nothing
in this permit shall be construed to relieve the permittee from civil and
criminal penalties for noncompliance.
P. Oil and hazardous substance liability.
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties to which the permittee is or may be subject under Article 11
(§
62.1-44.34:14 et seq.) 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 which are installed by the permittee
only when the operation is necessary to achieve compliance with the conditions
of this permit.
R. Disposal of
solids or sludges. Solids, sludges, or other pollutants removed in the course
of treatment or management of pollutants shall be disposed of in a manner so as
to prevent any pollutant from such materials from entering state
waters.
S. Duty to mitigate. The
permittee shall take all reasonable steps to minimize or prevent any discharge
or sludge use or disposal in violation of this permit that has a reasonable
likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
U. Bypass.
1. 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 U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows
in advance of the need for a bypass, prior notice shall be submitted, if
possible, at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall
submit notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may
take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage;
(2) There were no feasible alternatives to
the bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass that occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee
submitted notices as required under Part II U 2.
b. The board may approve an anticipated
bypass, after considering its adverse effects, if the board determines that it
will meet the three conditions listed in Part II U 3 a.
V. Upset.
1. An upset 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 upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this
permit;
2. Have access to and copy,
at reasonable times, any records that must be kept under the conditions of this
permit;
3. Inspect at reasonable
times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for
the purposes of assuring permit compliance or as otherwise authorized by the
Clean Water Act and the State Water Control Law, any substances or parameters
at any location.
For purposes of this section, the time for inspection shall
be deemed reasonable during regular business hours, and whenever the facility
is discharging. Nothing contained herein shall make an inspection unreasonable
during an emergency.
X. Permit actions. Permit coverage may be
terminated for cause. The filing of a request by the permittee for a permit
coverage termination or a notification of planned changes or anticipated
noncompliance does not stay any permit condition.
Y. Transfer of permit coverage.
1. Permit coverage is 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;
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 board does not
notify the existing permittee and the proposed new permittee of its intent to
modify or revoke and reissue 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.