Current through Register Vol. 41, No. 3, September 23, 2024
Any owner whose registration statement is accepted by the
department will receive coverage under the following permit and shall comply
with the requirements therein and be subject to all requirements of
9VAC25-31.
GENERAL PERMIT FOR NONCONTACT COOLING WATER DISCHARGES OF
50,000 GALLONS PER DAY OR LESS
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 noncontact cooling water discharges of 50,000
gallons per day or less are authorized to discharge to surface waters within
the boundaries of the Commonwealth of Virginia, except Class V stockable trout
waters, Class VI natural trout waters, and those specifically named in board
regulations that prohibit such discharges. Chlorine or any other halogen
compounds shall not be used for disinfection or other treatment purposes,
including biocide applications, for any discharges to waters containing
endangered or threatened species as identified in
9VAC25-260-110 C of the Water
Quality Standards.
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 Effluent Limitations,
Monitoring Requirements, Special Conditions
A. Effluent limitations and monitoring
requirements.
1. Effluent limitations and
monitoring requirements for discharges to freshwater receiving waterbodies.
Such discharges shall be limited and monitored by the permittee as specified
below:
|
EFFLUENT CHARACTERISTICS
|
DISCHARGE LIMITATIONS
|
MONITORING REQUIREMENTS
|
|
Maximum
|
Minimum
|
Frequency
|
Sample Type
|
|
Flow (MGD)
|
0.05
|
NA
|
1/3 Months
|
Estimate
|
|
Temperature (°C)
|
(1)
|
NA
|
1/3 Months
|
Immersion Stabilization
|
|
pH (SU)
|
9.0(2)
|
6.0(2)
|
1/3 Months
|
Grab
|
|
Ammonia-N(3) (mg/l)
|
NL
|
NA
|
1/3 Months
|
Grab
|
|
Total Residual Chlorine(3),
(4) (mg/l)
|
0.011
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable
Copper(4) (µg/l)
|
9.0
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable Zinc(4)
(µg/l)
|
120
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable Silver(4),
(5) (µg/l)
|
3.4
|
NA
|
1/3 Months
|
Grab
|
|
Total Phosphorus(6)
(mg/l)
|
NL
|
NA
|
1/3 Months
|
Grab
|
|
NL = No limitation, monitoring required
NA = Not applicable
1/3 Months = the following three-month periods each
year of permit coverage: January through March, April through June, July
through September, and October through December
|
|
(1)The effluent
temperature shall not exceed a maximum 32°C for discharges to nontidal
coastal and piedmont waters, or 31°C for mountain and upper piedmont
waters. No maximum temperature limit, only monitoring, applies to discharges to
estuarine waters. The effluent shall not cause an increase in temperature of
the receiving stream of more than 3°C above the natural water temperature.
The effluent shall not cause the temperature in the receiving stream to change
more than 2°C per hour. Natural temperature is defined as that temperature
of a body of water (measured as the arithmetic average over one hour) due
solely to natural conditions without the influence of any point source
discharge.
(2)Where the Water Quality
Standards (9VAC25-260) establish alternate standards for pH in the waters
receiving the discharge, those standards shall be the maximum and minimum
effluent limitations.
(3)Chlorine limitation and
monitoring only apply to outfalls directly discharging to surface waters where
either: (i) a treatment additive that contains chlorine or chlorine compounds
is used or (ii) the source of cooling water is chlorinated. All data below the
quantification level (QL) of 0.1 mg/L shall be reported as "<QL." Ammonia
monitoring only applies where the source of cooling water is disinfected using
chloramines.
(4)A specific analytical
method is not specified; however, a maximum quantification level (Max QL) value
for each metal has been established. An appropriate method to meet the Max QL
value shall be selected using any approved method presented in 40 CFR Part 136
. If the test result is less than the method quantification level (QL), a
"<QL" shall be reported where the actual analytical test QL is substituted
for QL.
|
Material
|
Max QL (µg/l)
|
|
Copper
|
1.0 µg/l
|
|
Chlorine
|
0.1 mg/l
|
|
Zinc
|
50.0 µg/l
|
|
Silver
|
1.0 µg/l
|
Quality control/assurance information shall be
submitted to document that the required QL has been attained.
(5)Silver monitoring is
only required where a Cu/Ag anode is used.
(6)Phosphorus monitoring
is only required where an additive containing phosphorus is used.
|
2.
Effluent limitations and monitoring requirements for discharges to saltwater
receiving waterbodies. Such discharges shall be limited and monitored by the
permittee as specified below:
|
EFFLUENT CHARACTERISTICS
|
DISCHARGE LIMITATIONS
|
MONITORING REQUIREMENTS
|
|
Maximum
|
Minimum
|
Frequency
|
Sample Type
|
|
Flow (MGD)
|
0.05
|
NA
|
1/3 Months
|
Estimate
|
|
Temperature (°C)
|
(1)
|
NA
|
1/3 Months
|
Immersion Stabilization
|
|
pH (SU)
|
9.0(2)
|
6.0(2)
|
1/3 Months
|
Grab
|
|
Ammonia-N(3) (mg/l)
|
NL
|
NA
|
1/3 Months
|
Grab
|
|
Chlorine Producing Oxidant(3),
(4) (mg/l)
|
0.0075
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable
Copper(4) (µg/l)
|
6.0
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable Zinc(4)
(µg/l)
|
81
|
NA
|
1/3 Months
|
Grab
|
|
Total Recoverable Silver(4),
(5) (µg/l)
|
1.9
|
NA
|
1/3 Months
|
Grab
|
|
Total Phosphorus(6)
(mg/l)
|
NL
|
NA
|
1/3 Months
|
Grab
|
|
NL = No limitation, monitoring required
NA = Not applicable
1/3 Months = the following three-month periods each
year of permit coverage: January through March, April through June, July
through September, and October through December
|
|
(1)The effluent
temperature shall not exceed a maximum 32°C for discharges to nontidal
coastal and piedmont waters, or 31°C for mountain and upper piedmont
waters. No maximum temperature limit, only monitoring, applies to discharges to
estuarine waters. The effluent shall not cause an increase in temperature of
the receiving stream of more than 3°C above the natural water temperature.
The effluent shall not cause the temperature in the receiving stream to change
more than 2°C per hour. Natural temperature is defined as that temperature
of a body of water (measured as the arithmetic average over one hour) due
solely to natural conditions without the influence of any point source
discharge.
(2)Where the Water Quality
Standards (9VAC25-260) establish alternate standards for pH in the waters
receiving the discharge, those standards shall be the maximum and minimum
effluent limitations.
(3)Chlorine limitation and
monitoring only apply to outfalls discharging to surface waters where
either:
(i) a treatment additive that contains chlorine or
chlorine compounds is used or
(ii) the source of cooling water is chlorinated. All
data below the quantification level (QL) of 0.1 mg/L shall be reported as
"<QL." Ammonia monitoring only applies where the source of cooling water is
disinfected using chloramines.
(4)A specific analytical
method is not specified; however, a maximum quantification level (Max QL) value
for each metal has been established. An appropriate method to meet the Max QL
value shall be selected using any approved method presented in 40 CFR Part 136
. If the test result is less than the method quantification level (QL), a
"<QL" shall be reported where the actual analytical test QL is substituted
for QL.
|
Material
|
Max QL
|
|
Copper
|
1.0 µg/l
|
|
Chlorine
|
0.1 mg/l
|
|
Zinc
|
50.0 µg/l
|
|
Silver
|
1.0 µg/l
|
Quality control/assurance information shall be
submitted to document that the required QL has been attained.
(5)Silver monitoring is
only required where a Cu/Ag anode is used.
(6)Phosphorus monitoring
is only required where an additive containing phosphorus is used.
|
B. Special conditions.
1. There shall be no discharge of floating
solids or visible foam in other than trace amounts.
2. No discharges other than cooling water, as
defined, are permitted under this general permit.
3. The use of any chemical additives not
identified in the registration statement, except chlorine, without prior
approval is prohibited under this general permit. Prior approval shall be
obtained from DEQ before any changes are made to the chemical or nonchemical
treatment technology employed in the cooling water system. Requests for
approval of the change shall be made in writing and shall include the following
information:
a. Describe the chemical or
nonchemical treatment to be employed and its purpose; if chemical additives are
used, provide the information prescribed in subdivisions 3 b, c, d, e, and f of
this subsection;
b. Provide the
name and manufacturer of each additive used;
c. Provide a list of active ingredients and
percentage of composition;
d. Give
the proposed schedule and quantity of chemical usage, and provide either an
engineering analysis or a technical evaluation of the active ingredients to
determine the concentration in the discharge;
e. Attach available aquatic toxicity
information for each additive proposed for use;
f. Attach any other information such as
product or constituent degradation, fate, transport, synergies,
bioavailability, etc., that will aid the department with the toxicity
evaluation for the discharge; and
g. Attach a safety data sheet for each
proposed additive.
4. A
determination of whether the facility will discharge to a MS4. If the facility
discharges to a MS4, the facility owner must notify the owner of the MS4 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 (telephone number and email), the location of the
discharge, the nature of the discharge, and the facility's VPDES general permit
registration number if a reissuance. Discharge monitoring reports (DMRs)
required by this permit shall be submitted to both the department and the owner
of the MS4.
5. Operation and
maintenance manual requirement.
a. Within 90
days after the date of coverage under this general permit, the permittee shall
develop an operation and maintenance (O&M) manual for the equipment or
systems used to meet effluent limitations. The O&M manual shall be reviewed
within 90 days of changes to the equipment or systems used to meet effluent
limitations. The O&M manual shall be certified in accordance with Part II K
of this permit. The O&M manual shall be made available for review by
department personnel upon request.
b. This manual shall detail the practices and
procedures that will be followed to ensure compliance with the requirements of
this permit. Within 30 days of a request by the department, the current O&M
manual shall be submitted to the department for review and approval. The
permittee shall operate the treatment works in accordance with the O&M
manual. Noncompliance with the O&M manual shall be deemed a violation of
the permit.
c. This manual shall
include the following items:
(1) Techniques
to be employed in the collection, preservation, and analysis of effluent
samples;
(2) Discussion of best
management practices;
(3) Design,
operation, routine preventative maintenance of equipment or systems used to
meet effluent limitations, critical spare parts inventory, and
recordkeeping;
(4) A plan for the
management or disposal of waste solids and residues, and a requirement that all
solids shall be handled, stored, and disposed of so as to prevent a discharge
to state waters; and
(5) Procedures
for measuring and recording the duration and volume of treated wastewater
discharged.
6. 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 (100
µg/l);
(2) Two hundred
micrograms per liter (200 µg/l) for acrolein and acrylonitrile; 500
micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for
2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for
antimony;
(3) Five times the
maximum concentration value reported for that pollutant in the permit
registration statement; or
(4) The
level established by the board in accordance with
9VAC25-31-220 F.
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 (500
µg/l);
(2) One milligram per
liter (1 mg/l) 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 in accordance with
9VAC25-31-220 F.
7. Geothermal systems
using groundwater and no chemical additives. Geothermal systems using
groundwater and no chemical additives may be eligible for reduced monitoring
requirements.
If a geothermal system was covered by the previous noncontact
cooling water general permit, and the monitoring results from the previous
permit term demonstrate full compliance with the effluent limitations, the
permittee may request authorization from the department to reduce the
monitoring to once in the first monitoring quarter of the first year of this
permit term.
Owners of new geothermal systems, and previously unpermitted
geothermal systems that receive coverage under this permit shall submit
monitoring results to the department for the first four monitoring quarters
after coverage begins. If the monitoring results demonstrate full compliance
with the effluent limitations, the permittee may request authorization from the
department to suspend monitoring for the remainder of the permit term.
Should the permittee be issued a warning letter or notice of
violation related to violation of effluent limitations, or be the subject of an
active enforcement action regarding effluent limit violations, upon issuance of
the letter or notice, or initiation of the enforcement action, the monitoring
frequency shall revert to 1/3 months and remain in effect until the permit's
expiration date.
8.
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.
9. Discharges to waters
with an approved 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.
10.
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 cooling water discharges from the facility;
(2) A new owner has assumed responsibility
for the facility (NOTE: A notice of termination does not have to be submitted
if a VPDES Change of Ownership Agreement form has been submitted);
(3) All cooling water discharges associated
with this facility have been covered by a VPDES individual permit or an
alternative 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 noncontact cooling water discharges
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 noncontact cooling water
discharges from the facility;
(c) A
statement indicating that all noncontact cooling water discharges have been
covered by a VPDES individual 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 noncontact cooling
water discharges 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 facility, 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 noncontact cooling water in accordance with the general permit, and
that discharging pollutants in noncontact cooling water 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 noncontact
cooling water discharge is located.
11. The discharges authorized by this permit
shall be controlled as necessary to meet applicable water quality
standards.
12. 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.
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 and 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
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 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 a three-month 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 department may request to determine whether cause exists for terminating
coverage under this permit or to determine compliance with this permit. The
department 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
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 such state waters and make them
detrimental to the public health, to animal or aquatic life, to the use of such
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
(see Part II I 3) of the discharge immediately 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 3), 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. 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:
(1) Any
unanticipated bypass; and
(2) Any
upset which 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 b.
3. The immediate (within 24 hours) reports
required in Parts 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 (online reporting
preferred). 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-hour) at 1-800-468-8892.
4. Where the permittee becomes aware that it
failed to submit any relevant facts in a permit registration statement or
submitted incorrect information 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 Clean Water Act that are applicable to such
source; or
(2) After proposal of
standards of performance in accordance with § 306 of 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 under Part I B 6;
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
statements. 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. Reports and
other information. 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 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 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 for 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 and with standards for sewage sludge use or disposal established
under § 405(d) of the Clean Water Act within the time provided in the
regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, 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 apply for and obtain coverage under a new
permit. All permittees with currently effective permit coverage 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 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 bypass (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 §§
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 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. "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 ensure 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 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, 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 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 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 subsection, the time for inspection
shall be deemed reasonable during regular business hours, or whenever the
facility is discharging. Nothing contained herein shall make an inspection
unreasonable during an emergency.
X. Permit actions. Permits coverage may be
terminated for cause. The filing of a request by the permittee for 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 department does
not notify the existing permittee and the proposed new permittee of its intent
to deny permit coverage. 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. 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.
