Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION
Part II - Permit Applications and Special VPDES Permit Programs
Section 9VAC25-31-120 - Stormwater discharges
Universal Citation: 9 VA Admin Code 25-31-120
Current through Register Vol. 41, No. 3, September 23, 2024
A. Permit requirements.
1. Prior to October 1, 1994,
discharges composed entirely of stormwater shall not be required to obtain a
VPDES permit except:
a. A discharge with
respect to which a permit has been issued prior to February 4, 1987;
b. A discharge associated with industrial
activity; or
c. A discharge which
either the department or the regional administrator determines to contribute to
a violation of a water quality standard or is a significant contributor of
pollutants to surface waters. This designation may include a discharge from any
conveyance or system of conveyances used for collecting and conveying
stormwater run-off, except for those discharges from conveyances which do not
require a permit under subdivision 2 of this subsection or agricultural
stormwater run-off which is exempted from the definition of point
source.
2. The board or
department may not require a permit for discharges of stormwater run-off from
mining operations or oil and gas exploration, production, processing or
treatment operations, or transmission facilities, composed entirely of flows
which are from conveyances or systems of conveyances (including pipes,
conduits, ditches, and channels) used for collecting and conveying
precipitation run-off and which are not contaminated by contact with or that
has not come into contact with, any overburden, raw material, intermediate
products, finished product, by-product or waste products located on the site of
such operations.
3. In addition to
meeting the requirements of subsection B of this section, an operator of a
stormwater discharge associated with industrial activity which discharges
through a large or medium municipal separate storm sewer system shall submit,
to the operator of the municipal separate storm sewer system receiving the
discharge no later than May 15, 1991, or 180 days prior to commencing such
discharge: the name of the facility; a contact person and phone number; the
location of the discharge; a description, including Standard Industrial
Classification, which best reflects the principal products or services provided
by each facility; and any existing VPDES permit number.
4. For stormwater discharges associated with
industrial activity from point sources which discharge through a nonmunicipal
or nonpublicly owned separate storm sewer system, the department, in its
discretion, may issue: a single VPDES permit, with each discharger a
co-permittee to a permit issued to the operator of the portion of the system
that discharges into surface waters; or, individual permits to each discharger
of stormwater associated with industrial activity through the nonmunicipal
conveyance system.
a. All stormwater
discharges associated with industrial activity that discharge through a
stormwater discharge system that is not a municipal separate storm sewer must
be covered by an individual permit, or a permit issued to the operator of the
portion of the system that discharges to surface waters, with each discharger
to the nonmunicipal conveyance a co-permittee to that permit.
b. Where there is more than one operator of a
single system of such conveyances, all operators of stormwater discharges
associated with industrial activity must submit applications.
c. Any permit covering more than one operator
shall identify the effluent limitations, or other permit conditions, if any,
that apply to each operator.
5. Conveyances that discharge stormwater
run-off combined with municipal sewage are point sources that must obtain VPDES
permits in accordance with the procedures of
9VAC25-31-100
and are not subject to the provisions of this section.
6. Whether a discharge from a municipal
separate storm sewer is or is not subject to VPDES regulation shall have no
bearing on whether the owner or operator of the discharge is eligible for
funding under Title II, Title III or Title VI of the CWA.
7.
a. On
and after October 1, 1994, for discharges composed entirely of stormwater, that
are not required by subdivision 1 of this subsection to obtain a permit,
operators shall be required to obtain a VPDES permit only if:
(1) The department or the EPA regional
administrator determines that stormwater controls are needed for the discharge
based on wasteload allocations that are part of "total maximum daily loads"
(TMDLs) that address the pollutant(s) of concern; or
(2) The department or the EPA regional
administrator determines that the discharge, or category of discharges within a
geographic area, contributes to a violation of a water quality standard or is a
significant contributor of pollutants to surface waters.
b. Operators of nonmunicipal sources
designated pursuant to subdivisions 7 a (1) and (2) of this subsection shall
seek coverage under a VPDES permit in accordance with subdivision B 1 of this
section.
c. Operators of stormwater
discharges designated pursuant to subdivisions 7 a (1) and (2) of this
subsection shall apply to the department for a permit within 180 days of
receipt of notice, unless permission for a later date is granted by the
department.
B. Application requirements for stormwater discharges associated with industrial activity.
1. Dischargers of stormwater associated with
industrial activity are required to apply for an individual permit or seek
coverage under a promulgated stormwater general permit. Facilities that are
required to obtain an individual permit, or any discharge of stormwater which
the department is evaluating for designation under subdivision A 1 c of this
section, shall submit a VPDES application in accordance with the requirements
of
9VAC25-31-100
as modified and supplemented by the provisions of this subsection.
a. Except as provided in subdivisions 1 b and
c of this subsection, the operator of a stormwater discharge associated with
industrial activity subject to this section shall provide:
(1) A site map showing topography (or
indicating the outline of drainage areas served by the outfall or outfalls
covered in the application if a topographic map is unavailable) of the facility
including: each of its drainage and discharge structures; the drainage area of
each stormwater outfall; paved areas and buildings within the drainage area of
each stormwater outfall, each past or present area used for outdoor storage or
disposal of significant materials, each existing structural control measure to
reduce pollutants in stormwater run-off, materials loading and access areas,
areas where pesticides, herbicides, soil conditioners and fertilizers are
applied, each of its hazardous waste treatment, storage or disposal facilities
(including each area not required to have a RCRA permit that is used for
accumulating hazardous waste under
40 CFR
262.34); each well where fluids from the
facility are injected underground; springs, and other surface water bodies
which receive stormwater discharges from the facility;
(2) An estimate of the area of impervious
surfaces (including paved areas and building roofs) and the total area drained
by each outfall (within a mile radius of the facility) and a narrative
description of the following: Significant materials that in the three years
prior to the submittal of this application have been treated, stored or
disposed in a manner to allow exposure to stormwater; method of treatment,
storage or disposal of such materials; materials management practices employed,
in the three years prior to the submittal of this application, to minimize
contact by these materials with stormwater runoff; materials loading and access
areas; the location, manner and frequency in which pesticides, herbicides, soil
conditioners and fertilizers are applied; the location and a description of
existing structural and nonstructural control measures to reduce pollutants in
stormwater runoff; and a description of the treatment the stormwater receives,
including the ultimate disposal of any solid or fluid wastes other than by
discharge;
(3) A certification that
all outfalls that should contain stormwater discharges associated with
industrial activity have been tested or evaluated for the presence of
nonstormwater discharges that are not covered by a VPDES permit; tests for such
nonstormwater discharges may include smoke tests, fluorometric dye tests,
analysis of accurate schematics, as well as other appropriate tests. The
certification shall include a description of the method used, the date of any
testing, and the onsite drainage points that were directly observed during a
test;
(4) Existing information
regarding significant leaks or spills of toxic or hazardous pollutants at the
facility that have taken place within the three years prior to the submittal of
this application;
(5) Quantitative
data based on samples collected during storm events and collected in accordance
with
9VAC25-31-100
of this part from all outfalls containing a stormwater discharge associated
with industrial activity for the following parameters:
(a) Any pollutant limited in an effluent
guideline to which the facility is subject;
(b) Any pollutant listed in the facility's
VPDES permit for its process wastewater (if the facility is operating under an
existing VPDES permit);
(c) Oil and
grease, pH, BOD5, COD, TSS, total phosphorus, total
Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;
(d) Any information on the discharge required
under
9VAC25-31-100
G 7 f and g;
(e) Flow measurements
or estimates of the flow rate, and the total amount of discharge for the storm
event or events sampled, and the method of flow measurement or estimation;
and
(f) The date and duration (in
hours) of the storm event or events sampled, rainfall measurements or estimates
of the storm event (in inches) which generated the sampled run-off and the
duration between the storm event sampled and the end of the previous measurable
(greater than 0.1 inch rainfall) storm event (in hours);
(6) Operators of a discharge which is
composed entirely of stormwater are exempt from the requirements of
9VAC25-31-100
G 2, G 3, G 4, G 5, G 7 c, G 7 d, G 7 e, and G 7 h; and
(7) Operators of new sources or new
discharges that are composed in part or entirely of stormwater must include
estimates for the pollutants or parameters listed in subdivision 1 a (5) of
this subsection instead of actual sampling data, along with the source of each
estimate. Operators of new sources or new discharges composed in part or
entirely of stormwater must provide quantitative data for the parameters listed
in subdivision 1 a (5) of this subsection within two years after commencement
of discharge, unless such data has already been reported under the monitoring
requirements of the VPDES permit for the discharge. Operators of a new source
or new discharge that is composed entirely of stormwater are exempt from the
requirements of
9VAC25-31-100
K 3 b, K 3 c, and K 5.
b. The operator of an existing or new
discharge composed entirely of stormwater from an oil or gas exploration,
production, processing, or treatment operation, or transmission facility is not
required to submit a permit application in accordance with subdivision 1 a of
this subsection, unless the facility:
(1) Has
had a discharge of stormwater resulting in the discharge of a reportable
quantity for which notification is or was required pursuant to
40 CFR
117.21 or 40 CFR 302.6 at any time since
November 16, 1987;
(2) Has had a
discharge of stormwater resulting in the discharge of a reportable quantity for
which notification is or was required pursuant to
40 CFR
110.6 at any time since November 16, 1987;
or
(3) Contributes to a violation
of a water quality standard.
c. The operator of an existing or new
discharge composed entirely of stormwater from a mining operation is not
required to submit a permit application unless the discharge has come into
contact with any overburden, raw material, intermediate products, finished
product, byproduct, or waste products located on the site of such
operations.
d. Applicants shall
provide such other information the department may reasonably require to
determine whether to issue a permit.
2. No application for a VPDES permit
authorizing direct or indirect discharge of stormwater runoff from a new
municipal solid waste landfill into a local watershed protection district
established and designated as such by city ordinance prior to January 1, 2006,
shall be considered complete unless it contains certification from the local
governing body of the city in which the discharge is to take place, that the
discharge is consistent with the city's ordinance establishing and designating
the local watershed protection district. This requirement shall apply to
applications for new or modified individual VPDES permits and for new or
modified coverage under general VPDES permits. This requirement does not apply
to any municipal solid waste landfill in operation on or before January 1,
2006.
C. Application deadlines. Any operator of a point source required to obtain a permit under this section that does not have an effective VPDES permit authorizing discharges from its stormwater outfalls shall submit an application in accordance with the following deadlines:
1.
Individual applications.
a. Except as
provided in subdivision 1 b of this subsection, for any stormwater discharge
associated with industrial activity as defined in this chapter which is not
authorized by a stormwater general permit, a permit application made pursuant
to subsection B of this section shall be submitted to the department by October
1, 1992;
b. For any stormwater
discharge associated with industrial activity from a facility that is owned or
operated by a municipality with a population of less than 100,000 that is not
authorized by a general or individual permit, other than an airport,
powerplant, or uncontrolled sanitary landfill, permit applications must be
submitted to the department by March 10, 2003;
2. A permit application shall be submitted to
the department within 180 days of notice, unless permission for a later date is
granted by the department, for:
a. A
stormwater discharge which either the department or the regional administrator,
determines that the discharge contributes to a violation of a water quality
standard or is a significant contributor of pollutants to surface waters;
or
b. A stormwater discharge
subject to subdivision B 1 d of this section;
3. Facilities with existing VPDES permits for
stormwater discharges associated with industrial activity shall maintain
existing permits. Facilities with permits for stormwater discharges associated
with industrial activity which expire on or after May 18, 1992, shall submit a
new application in accordance with the requirements of
9VAC25-31-100
and 9VAC25-31-120 B (Form 1, Form 2F, and other applicable forms) 180 days
before the expiration of such permits.
D. Petitions.
1. Any person may petition the department to
require a VPDES permit for a discharge that is composed entirely of stormwater
which contributes to a violation of a water quality standard or is a
significant contributor of pollutants to surface waters.
2. The department shall make a final
determination on any petition received under this section within 90 days after
receiving the petition.
E. Conditional exclusion for no exposure of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is no exposure of industrial materials and activities to rain, snow, snowmelt or run-off and the discharger satisfies the conditions in subdivisions 1 through 4 of this subsection. No exposure means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and run-off. Industrial materials or activities include material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
1. To
qualify for this exclusion, the operator of the discharge must:
a. Provide a storm resistant shelter to
protect industrial materials and activities from exposure to rain, snow, snow
melt, and run-off;
b. Complete and
sign (according to
9VAC25-31-110)
a certification that there are no discharges of stormwater contaminated by
exposure to industrial materials and activities from the entire facility,
except as provided in subdivision 2 of this subsection;
c. Submit the signed certification to the
department once every five years. As of the start date in Table 1 of
9VAC25-31-1020,
all certifications submitted in compliance with this section shall be submitted
electronically by the owner or operator to the department in compliance with
this section and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart
D),
9VAC25-31-110,
and Part XI (9VAC25-31-950
et seq.) of this chapter. Part XI of this chapter is not intended to undo
existing requirements for electronic reporting. Prior to this date, and
independent of Part XI of this chapter, owners or operators may be required to
report electronically if specified by a particular permit;
d. Allow the department to inspect the
facility to determine compliance with the no exposure conditions;
e. Allow the department to make any no
exposure inspection reports available to the public upon request; and
f. For facilities that discharge through an
MS4, upon request, submit a copy of the certification of no exposure to the MS4
operator, as well as allow inspection and public reporting by the MS4
operator.
2. Storm
resistant shelter is not required for:
a.
Drums, barrels, tanks, and similar containers that are tightly sealed, provided
those containers are not deteriorated and do not leak ("sealed" means banded or
otherwise secured and without operational taps or valves);
b. Adequately maintained vehicles used in
material handling; and
c. Final
products, other than products that would be mobilized in stormwater discharge
(e.g., rock salt).
3.
a. This conditional exclusion from the
requirement for a VPDES permit is available on a facility-wide basis only, not
for individual outfalls. If a facility has some discharges of stormwater that
would otherwise be no exposure discharges, individual permit requirements
should be adjusted accordingly.
b.
If circumstances change and industrial materials or activities become exposed
to rain, snow, snow melt, or run-off, the conditions for this exclusion no
longer apply. In such cases, the discharge becomes subject to enforcement for
unpermitted discharge. Any conditionally exempt discharger who anticipates
changes in circumstances should apply for and obtain permit authorization prior
to the change of circumstances.
c.
Notwithstanding the provisions of this subsection, the department retains the
authority to require permit authorization (and deny this exclusion) upon making
a determination that the discharge causes, has a reasonable potential to cause,
or contributes to an instream excursion above an applicable water quality
standard, including designated uses.
4. The no exposure certification requires the
submission of the following information, at a minimum, to aid the department in
determining if the facility qualifies for the no exposure exclusion:
a. The legal name, address, and phone number
of the discharger.
b. The facility
name and address, the county name and the latitude and longitude where the
facility is located.
c.
Certification that indicates that none of the following materials or activities
are, or will be in the foreseeable future, exposed to precipitation:
(1) Using, storing, or cleaning industrial
machinery or equipment, and areas where residuals from using, storing, or
cleaning industrial machinery or equipment remain and are exposed to
stormwater;
(2) Materials or
residuals on the ground or in stormwater inlets from spills/leaks;
(3) Materials or products from past
industrial activity;
(4) Material
handling equipment (except adequately maintained vehicles);
(5) Materials or products during
loading/unloading or transporting activities;
(6) Materials or products stored outdoors
(except final products intended for outside use, e.g., new cars, where exposure
to stormwater does not result in the discharge of pollutants);
(7) Materials contained in open, deteriorated
or leaking storage drums, barrels, tanks, and similar containers;
(8) Materials or products handled/stored on
roads or railways owned or maintained by the discharger;
(9) Waste material (except waste in covered,
nonleaking containers, e.g., dumpsters);
(10) Application or disposal of process
wastewater (unless otherwise permitted); and
(11) Particulate matter or visible deposits
of residuals from roof stacks/vents not otherwise regulated, i.e., under an air
quality control permit, and evident in the stormwater outflow.
d. All no exposure certifications
must include the following certification statement and be signed in accordance
with the signatory requirements of
9VAC25-31-110:
"I certify under penalty of law that I have read and understand the eligibility
requirements for claiming a condition of no exposure and obtaining an exclusion
from VPDES stormwater permitting; and that there are no discharges of
stormwater contaminated by exposure to industrial activities or materials from
the industrial facility identified in this document (except as allowed under
9VAC25-31-120 E 2). I understand that I am obligated to submit a no exposure
certification form once every five years to the Department of Environmental
Quality and, if requested, to the operator of the local MS4 into which this
facility discharges (where applicable). I understand that I must allow the
department, or MS4 operator where the discharge is into the local MS4, to
perform inspections to confirm the condition of no exposure and to make such
inspection reports publicly available upon request. I understand that I must
obtain coverage under a VPDES permit prior to any point source discharge of
stormwater associated with industrial activity from the facility. 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 gathered and evaluated the information submitted.
Based upon my inquiry of the person or persons who manage the system, or those
persons directly involved in gathering the information, the information
submitted is to the best of my knowledge and belief true, accurate and
complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations."
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
