Current through Register Vol. 41, No. 3, September 23, 2024
The following conditions apply to all VPDES permits.
Additional conditions applicable to VPDES permits are in
9VAC25-31-200.
All conditions applicable to VPDES permits shall be incorporated into the
permits either expressly or by reference. If incorporated by reference, a
specific citation to this regulation must be given in the permit.
A. The permittee must comply with all
conditions of the permit. Any permit noncompliance constitutes a violation of
the law and the CWA, except that noncompliance with certain provisions of the
permit may constitute a violation of the law but not the CWA. Permit
noncompliance is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or denial of a permit renewal
application.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the CWA for toxic pollutants
and with standards for sewage sludge use or disposal established under §
405(d) of the CWA within the time provided in the chapters that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even
if the permit has not yet been modified to incorporate the requirement.
B. If the permittee wishes to
continue an activity regulated by the permit after the expiration date of the
permit, the permittee must apply for and obtain a new permit.
C. 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
the permit.
D. The permittee shall
take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of the permit which has a reasonable likelihood of
adversely affecting human health or the environment.
E. 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 the permit. Proper operation and maintenance
also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems that are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of the
permit.
F. Permits may be modified,
revoked and reissued, or terminated for cause. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay
any permit condition.
G. Permits do
not convey any property rights of any sort, or any exclusive
privilege.
H. The permittee shall
furnish to the department, within a reasonable time, any information that the
department may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the permit or to determine compliance
with the 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 law. The permittee shall also furnish to the
department upon request, copies of records required to be kept by the
permit.
I. 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 the permit;
2. Have access to and copy, at reasonable
times, any records that must be kept under the conditions of the
permit;
3. Inspect at reasonable
times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under the permit; and
4. Sample or monitor at reasonable times, for
the purposes of assuring permit compliance or as otherwise authorized by the
CWA and the law, any substances or parameters at any location.
J. Monitoring and records.
1. Samples and measurements taken for the
purpose of monitoring shall be representative of the monitored
activity.
2. Except for records of
monitoring information required by the permit related to the permittee's sewage
sludge use and disposal activities, which shall be retained for a period of at
least five years (or longer as required by Part VI (9VAC25-31-420
et seq.) of this chapter), 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 the permit, and records of all data used to complete the
application for the permit, for a period of at least three years from the date
of the sample, measurement, report or application. 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.
3. Records of monitoring information shall
include:
a. The date, exact place, and time of
sampling or measurements;
b. The
individual who performed the sampling or measurements;
c. The date analyses were
performed;
d. The individual who
performed the analyses;
e. The
analytical techniques or methods used; and
f. The results of such analyses.
4. Monitoring results must be
conducted according to test procedures approved under 40 CFR Part 136 or
alternative EPA approved methods; or, in the case of sludge use or disposal,
approved under 40 CFR Part 136 unless otherwise specified in Part VI of this
chapter, unless other test procedures have been specified in the
permit.
5. Samples taken shall be
analyzed by a laboratory certified under 1VAC30-45, Certification for
Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for
Commercial Environmental Laboratories.
K. All applications, reports, or information
submitted to the department shall be signed and certified as required by
9VAC25-31-110.
L. Reporting requirements.
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 alteration or addition to a permitted
facility may meet one of the criteria for determining whether a facility is a
new source in
9VAC25-31-180
A;
b. The alteration or addition
could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither
to effluent limitations in the permit, nor to notification requirements under
9VAC25-31-200
A 1; 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 application process or not reported pursuant to an
approved land application plan.
2. The permittee shall give advance notice to
the department of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
3. Permits are not transferable to any person
except after notice to the department. The department may require modification
or revocation and reissuance of permits to change the name of the permittee and
incorporate such other requirements as may be necessary under the law or the
CWA.
4. Monitoring results shall be
reported at the intervals specified in the permit.
a. Monitoring results must be reported on a
Discharge Monitoring Report (DMR) or forms provided or specified by the
department for reporting results of monitoring of sludge use or disposal
practices. As of the start date in Table 1 of
9VAC25-31-1020,
all reports and forms submitted in compliance with this subdivision 4 shall be
submitted electronically by the permittee to the department in compliance with
this subdivision 4 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, permittees may be required to report
electronically if specified by a particular permit.
b. If the permittee monitors any pollutant
specifically addressed by the permit more frequently than required by the
permit using test procedures approved under 40 CFR Part 136 or, in the case of
sludge use or disposal, approved under 40 CFR Part 136 unless otherwise
specified in Part VI of this chapter, or as specified in the permit, the
results of this monitoring shall be included in the calculation and reporting
of the data submitted in the DMR or sludge reporting form specified by the
department.
c. Calculations for all
limitations which require averaging of measurements shall utilize an arithmetic
mean unless otherwise specified in the permit.
5. Reports of compliance or noncompliance
with, or any progress reports on, interim and final requirements contained in
any compliance schedule of the permit shall be submitted no later than 14 days
following each schedule date.
6. If
any unusual or extraordinary discharge including a bypass or upset should occur
from a facility and such discharge enters or could be expected to enter state
waters, the owner shall promptly notify, in no case later than 24 hours, the
department by telephone after the discovery of such 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
subdivision 7 a of this subsection. Unusual and extraordinary discharges
include but are not limited to any discharge resulting from:
a. Unusual spillage of materials resulting
directly or indirectly from processing operations;
b. Breakdown of processing or accessory
equipment;
c. Failure or taking out
of service of the treatment plant or auxiliary facilities (such as sewer lines
or wastewater pump stations); and
d. Flooding or other acts of
nature.
7. Twenty-four
hour and five-day reporting.
a. The permittee
shall report any noncompliance that may endanger health or the environment. Any
information shall be provided orally within 24 hours from the time the
permittee becomes aware of the circumstances. A report in a format required by
the department shall also be provided within five days of the time the
permittee becomes aware of the circumstances. The five-day report shall contain
a description of the noncompliance and its cause; 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 steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
(1) For noncompliance events related to
combined sewer overflows, sanitary sewer overflows, or bypass events, these
reports must include the data described in subdivision 7 a of this subsection
with the exception of time of discovery, as well as the type of event (i.e.,
combined sewer overflows, sanitary sewer overflows, or bypass events); type of
sewer overflow structure (e.g., manhole, combine sewer overflow outfall);
discharge volumes untreated by the treatment works treating domestic sewage;
types of human health and environmental impacts of the sewer overflow event;
and whether the noncompliance was related to wet weather.
(2) As of the start date in Table 1 of
9VAC25-31-1020,
all reports related to combined sewer overflows, sanitary sewer overflows, or
bypass events submitted in compliance with this subdivision 7 shall be
submitted electronically by the permittee to the department in compliance with
this subdivision 7 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, permittees may be required to
electronically submit reports related to combined sewer overflows, sanitary
sewer overflows, or bypass events under this subdivision by a particular
permit.
(3) The director may also
require permittees to electronically submit reports not related to combined
sewer overflows, sanitary sewer overflows, or bypass events under this
subdivision.
b. The
following shall be reported within 24 hours under this subdivision:
(1) Any unanticipated bypass that exceeds any
effluent limitation in the permit.
(2) Any upset that exceeds any effluent
limitation in the permit.
(3)
Violation of a maximum daily discharge limitation for any of the pollutants
listed in the permit to be reported within 24 hours.
c. The department may waive the five-day
report on a case-by-case basis for reports under this subdivision if the oral
report has been received within 24 hours.
8. The permittee shall report all instances
of noncompliance not reported under subdivisions 4, 5, 6, and 7 of this
subsection, in a format required by the department at the time the next
monitoring reports are submitted. The reports shall contain the information
listed in subdivision 7 of this subsection.
a. For noncompliance events related to
combined sewer overflows, sanitary sewer overflows, or bypass events, these
reports shall contain the information described in subdivision 7 a of this
subsection and the applicable required data in Appendix A to 40 CFR Part 127 as
adopted by reference in
9VAC25-31-1030.
b. As of the start date in Table 1 of
9VAC25-31-1020,
all reports related to combined sewer overflows, sanitary sewer overflows, or
bypass events submitted in compliance with this subdivision 8 shall be
submitted electronically by the permittee to the department in compliance with
this subdivision 8 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, permittees may be required to
electronically submit reports related to combined sewer overflows, sanitary
sewer overflows, or bypass events under this section by a particular
permit.
c. The director may also
require permittees to electronically submit reports not related to combined
sewer overflows, sanitary sewer overflows, or bypass events under this
section.
9. Where the
permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in
any report to the department, it shall promptly submit such facts or
information.
10. The owner,
operator, or the duly authorized representative of an VPDES-regulated entity is
required to electronically submit the required information, as specified in
Appendix A to 40 CFR Part 127 as adopted by reference in
9VAC25-31-1030,
to the department.
M.
Bypass.
1. The permittee may allow any bypass
to occur which 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 subdivisions 2 and 3 of this
subsection.
2. Notice.
a. Anticipated bypass. If the permittee knows
in advance of the need for a bypass, it shall submit prior notice, if possible
at least 10 days before the date of the bypass. As of the start date in Table 1
of
9VAC25-31-1020,
all notices submitted in compliance with this subdivision shall be submitted
electronically by the permittee to the department in compliance with this
subdivision 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, permittees may be required to report
electronically if specified by a particular permit.
b. Unanticipated bypass. The permittee shall
submit notice of an unanticipated bypass as required in subdivision L 7 of this
section. As of the start date in Table 1 of
9VAC25-31-1020,
all notices submitted in compliance with this subdivision shall be submitted
electronically by the permittee to the department in compliance with this
subdivision 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, permittees may be required to report
electronically if specified by a particular permit.
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 subdivision 2 of this subsection.
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 above in subdivision 3
a of this subsection.
N. Upset.
1.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of subdivision 2 of this subsection are met. No determination made
during administrative review of claims that noncompliance was caused by upset,
and before an action for noncompliance, is 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 cause or 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 subdivision L 7 b (2) of
this section (24-hour notice); and
d. The permittee complied with any remedial
measures required under subsection D of this section.
3. In any enforcement proceeding the
permittee seeking to establish the occurrence of an upset has the burden of
proof.
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.
