Current through Register Vol. 41, No. 3, September 23, 2024
A. A fact sheet
shall be prepared for every draft permit for a major VPDES facility or
activity, for every Class I sludge management facility, for every VPDES general
permit, for every VPDES draft permit that incorporates a variance or requires
an explanation under subsection B 8 of this section, for every draft permit
that includes a biosolids land application under
9VAC25-31-100
D 2, and for every draft permit which the department finds is the subject of
wide-spread public interest or raises major issues. The fact sheet shall
briefly set forth the principal facts and the significant factual, legal,
methodological and policy questions considered in preparing the draft permit.
The department shall send this fact sheet to the applicant and, on request, to
any other person.
B. The fact sheet
shall include, when applicable:
1. A brief
description of the type of facility or activity that is the subject of the
draft permit;
2. The type and
quantity of wastes, fluids, or pollutants that are proposed to be or are being
treated, stored, disposed of, injected, emitted, or discharged;
3. A brief summary of the basis for the draft
permit conditions including references to applicable statutory or regulatory
provisions;
4. Reasons why any
requested variances or alternatives to required standards do or do not appear
justified;
5. A description of the
procedures for reaching a final decision on the draft permit including:
a. The beginning and ending dates of the
comment period for the draft permit and the address where comments will be
received;
b. Procedures for
requesting a public hearing and the nature of that hearing; and
c. Any other procedures by which the public
may participate in the final decision;
6. Name and telephone number of a person to
contact for additional information;
7. Any calculations or other necessary
explanation of the derivation of specific effluent limitations and conditions
or standards for biosolids use or sewage sludge disposal, including a citation
to the applicable effluent limitation guideline, performance standard, or
standard for biosolids use or sewage sludge disposal and reasons why they are
applicable or an explanation of how the alternate effluent limitations were
developed;
8. When the draft permit
contains any of the following conditions, an explanation of the reasons why
such conditions are applicable:
a. Limitations
to control toxic pollutants;
b.
Limitations on internal waste streams;
c. Limitations on indicator
pollutants;
d. Technology-based or
sewage sludge disposal limitations set on a case-by-case basis;
e. Limitations to meet the criteria for
permit issuance under
9VAC25-31-50;
or
f. Waivers from monitoring
requirements granted under
9VAC25-31-220
A;
9. For every permit
to be issued to a treatment works owned by a person other than a state or
municipality, an explanation of the department's decision on regulation of
users;
10. When appropriate, a
sketch or detailed description of the location of the discharge or regulated
activity described in the application; and
11. Justification of waiver of any
application requirements under
9VAC25-31-100
K or Q.
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.
