TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: TheState Water Control Board is claiming an exemption from Article 2 of theAdministrative Process Act in accordance with § 2.2-4006 A 8 of the Codeof Virginia, which exempts general permits issued by the State Water ControlBoard pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) and Chapter 25(§ 62.1-254 et seq.) of Title 62.1 of theCode of Virginia if the board (i) provides a Notice of Intended RegulatoryAction in conformance with the provisions of § 2.2-4007.01; (ii) following the passageof 30 days from the publication of the Notice of Intended Regulatory Actionforms a technical advisory committee composed of relevant stakeholders,including potentially affected citizens groups, to assist in the development ofthe general permit; (iii) provides notice and receives oral and written commentas provided in § 2.2-4007.03; and (iv) conducts at leastone public hearing on the proposed general permit.
Title of Regulation: 9VAC25-110. Virginia PollutantDischarge Elimination System (VPDES) General Permit for Domestic SewageDischarges of Less Than or Equal to 1,000 Gallons per Day (amending 9VAC25-110-10 through 9VAC25-110-80;adding 9VAC25-110-15).
Statutory Authority: § 62.1-44.15 of the Code ofVirginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: August 2, 2016.
Agency Contact: Allan Brockenbrough, Department ofEnvironmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,telephone (804) 698-4147, FAX (804) 698-4032, or emailallan.brockenbrough@deq.virginia.gov.
Small Business Impact Review Report of Findings: Thisregulatory action serves as the report of the findings of the regulatory reviewpursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The amendments reissue the existing Virginia PollutantDischarge Elimination System general permit for domestic sewage discharges ofless than or equal to 1,000 gallons per day (VAG40) that will expire on August1, 2016. The general permit contains effluent limitations, permit conditions,and monitoring requirements for domestic sewage discharges to surface watersfrom treatment works with a design discharge flow of less than or equal to1,000 gallons per day on a monthly average. The permit requirements aredesigned to protect the quality of the waters receiving the treated wastewaterdischarges. Amendments update and clarify definitions, effective dates,authorization to discharge, registration statement requirements, general permitlimits pages, special conditions, and conditions applicable to all permits. Theamendments include (i) adding a limit set for discharges to receiving waterssubject to the Policy for the Potomac River Embayments (9VAC25-415); (ii)requiring owners of treatment works serving buildings or dwellings other thanindividual single family dwellings to submit the monitoring results to theDepartment of Environmental Quality on a Discharge Monitoring Report (DMR)after each monitoring period; and (iii) requiring owners of treatment works servingbuildings or dwellings other than individual single family dwellings tomaintain a log of all maintenance performed on the treatment works and submitthe log to the department along with the facilities monitoring results.
9VAC25-110-10. Definitions.
The words and terms used in this chapter shall have the samemeanings as given in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2et seq.) of Title 62.1 of the Code of Virginia and the VPDES Permit Regulation(9VAC25-31), unless the context clearly indicates otherwise, except that forthe purposes of this chapter:
"7Q10" means the lowest flow averaged over a periodof seven consecutive days that can be statistically expected to occur onceevery 10 climatic years.
"Board" or "State Water Control Board"means the Virginia State Water Control Board.
"Climatic year" means a year beginning on April1 and ending on March 31.
"Combined application" means the VirginiaDepartment of Health Discharging System Application for Single Family DwellingsDischarging Sewage Less Than or Equal to 1,000 Gallons per Day and State WaterControl Board Virginia Pollutant Discharge Elimination System General PermitRegistration Statement for Domestic Sewage Discharges Less Than or Equal to1,000 Gallons per Day. This application combines the VDH AlternativeDischarging Sewage Treatment Regulations for Individual Single Family Dwellings(12VAC5-640) requirements with the board's registration statement requirements.
"Department" or "DEQ" means theVirginia Department of Environmental Quality or the department.
"Domestic sewage" means the water-carried humanwastes from residences, buildings, industrial establishments or other places.
"Individual single family dwelling" means aresidence housing one family or household or one that is designed for onefamily only.
"Receiving water" means a creek, stream, river,lake, estuary, groundwater formation, or other body of water into which treatedwaste or untreated waste is discharged.
"Total maximum daily load" or "TMDL"means a calculation of the maximum amount of a pollutant that a waterbody canreceive and still meet water quality standards, and an allocation of thatamount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs)for point source discharges, and load allocations (LAs) for nonpoint sources ornatural background or both, and must include a margin of safety (MOS) andaccount for seasonal variations.
"VDH" means the Virginia Department of Health.
9VAC25-110-15. Applicability of incorporated referencesbased on the dates that they became effective.
Except as noted, when a regulation of the U.S.Environmental Protection Agency set forth in Title 40 of the Code of FederalRegulations (CFR) is referenced and incorporated herein, that regulation shallbe as it exists and has been published as of July 1, [ 20142015 ].
9VAC25-110-20. Purpose; delegation of authority; effective dateof permit.
A. This general permit regulation governs domestic sewagedischarges to surface waters from treatment works with a design discharge flowof less than or equal to 1,000 gallons per day on a monthly average.
B. The Director of the Department of Environmental Quality,or his designee, may perform any act of the board provided under this chapter,except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general VPDES permit will become effective on August2, 2011 2016, and it expires on August 1, 2016 2021.With respect to a particular facility dwelling, building, orsite served, this general permit shall become effective upon the facilitydwelling, building, or site served owner's compliance with theprovisions of 9VAC25-110-60.
9VAC25-110-60. Authorization to discharge.
A. Any owner of a treatment works governed by this generalpermit is hereby authorized to discharge treated domestic sewage to surfacewaters of the Commonwealth of Virginia provided that:
1. The owner submits a registration statement, if required todo so, in accordance with 9VAC25-110-70, and that registration statementis accepted by the board. For an individual single family dwelling, theowner may submit a combined application in place of a registration statement;
2. The owner complies with the effluent limitations and otherrequirements of 9VAC25-110-80; and
3. The board has not notified the owner, in accordance withsubsection B of this section, that the discharge is not eligible for coverageunder this permit.
B. The board will notify an owner that the discharge is noteligible for coverage under this permit in the event of any of the following:
1. The owner is required to obtain an individual VPDES permitin accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to surface watersspecifically named in other board regulations that prohibit such discharges;
3. The owner is proposing to discharge to surface waters in anarea where there are central sewage facilities reasonably available, asdetermined by the board;
4. The owner of any proposed treatment works or any treatmentworks that has not previously been issued a VPDES permit has applied to theVirginia Department of Health for an onsite sewage disposal system permit, andthe Virginia Department of Health has determined that an onsite system isavailable to serve that parcel of land;
5. The discharge would violate the antidegradation policystated in 9VAC25-260-30 of the Virginia Water Quality Standards; or
6. A TMDL (board adopted, EPA approved, or EPA imposed)contains an individual WLA for the facility, unless this general permit specificallyaddresses the TMDL pollutant of concern and the permit limits are at least asstringent as those required by the TMDL WLA The discharge is notconsistent with the assumptions and requirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance,for purposes of enforcement, with the federal Clean Water Act §§301, 302, 306, 307, 318, 403, and 405 (a) through (b), and the StateWater Control Law, and applicable regulations under either, with theexceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval forcoverage under this general VPDES permit does not relieve any owner of theresponsibility to comply with any other applicable federal, state or localstatute, ordinance or regulation, including, for owners of sewage treatmentworks that serve individual single family dwellings, the AlternativeDischarging Sewage Treatment Regulations for Individual Single Family Dwellings(12VAC5-640) of the Virginia Department of Health adopted pursuant to §§ 32.1-12,32.1-163, and 32.1-164 of the Code of Virginia and, for owners of sewagetreatment works that serve nonsingle buildings or dwellings otherthan individual single family dwellings, the Sewage Collection andTreatment Regulations (9VAC25-790) adopted by the State Water Control Boardpursuant to § 62.1-44.18 62.1-44.19 of the Code of Virginia.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the domesticsewage discharges general permit issued in 2006, 2011 and whois required to and submits a complete registration statement, or for anindividual single family dwelling a combined application, on or beforeAugust 1, 2011 2016, is authorized to continue to dischargetreated domestic sewage under the terms of the 2006 2011 generalpermit until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligiblefor coverage under this general permit is denied.
2. When the owner that was covered under the expiring orexpired general permit has violated or is violating the conditions of thatpermit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2011general permit which has been continued;
b. Issue a notice of intent to deny coverage under the newreissued general permit. If the general permit coverage is denied, theowner would then be required to cease the activities dischargesauthorized by the administratively continued coverage under the termsof the 2011 general permit or be subject to enforcement action foroperating without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES PermitRegulation (9VAC25-31).
9VAC25-110-70. Registration statement.
A. Deadlines for submitting registration statement. Any ownerseeking coverage under this general permit, and who is required to submit aregistration statement, shall submit a complete General generalVPDES Permit Registration Statement permit registration statementin accordance with this chapter section, which shall serve as anotice of intent to be covered for coverage under the generalGeneral VPDES permit Permit for domestic sewagedischarges Domestic Sewage Discharges of less than LessThan or equal Equal to 1,000 gallons per day Gallonsper Day. For an individual single family dwelling, the owner may submit acombined application in place of the registration statement.
1. New facilities treatment works. Any ownerproposing a new discharge shall submit a complete registration statement, orfor an individual single family dwelling a combined application, to thedepartment at least 60 days prior to the date planned for commencing operationof the treatment works.
2. Existing facilities treatment works.
a. Any owner of an existing treatment works covered by anindividual VPDES permit who is proposing to be covered by this general permitshall notify the department and submit a complete registration statement, orfor an individual single family dwelling a combined application, at least240 days prior to the expiration date of the individual VPDES permit.
b. Any owner of a treatment works that was authorized todischarge under the general permit issued in 2006 2011, and who intendsto continue coverage under this general permit, is automatically covered bythis general permit and is not required to submit a registration statement,or for an individual single family dwelling a combined application, if:
(1) The ownership of the treatment works has not changed sincethe registration statement or combined application for coverage underthe 2006 2011 general permit was submitted, or, if the ownershiphas changed, (i) a new registration statement or combinedapplication or (ii) VPDES Change of Ownership form was submitted tothe department by the new owner at the time of the title transfer;
(2) There has been no change in the design or operation, orboth, of the treatment works since the registration statement or combinedapplication for coverage under the 2006 2011 general permitwas submitted;
(3) For treatment works serving individual single familydwellings, the Virginia Department of Health VDH has no objectionto the automatic permit coverage renewal for this treatment works based onsystem performance issues, enforcement issues, or other issues sufficient tothe board. If the Virginia Department of Health VDH objects tothe automatic renewal for this treatment works, the owner will be notified bythe board in writing; and
(4) For treatment works serving nonsingle buildingsor dwellings other than individual single family dwellings, the board hasno objection to the automatic permit coverage renewal for this treatment worksbased on system performance issues, or enforcement issues, or otherissues sufficient to the board. If the board objects to the automaticrenewal for this treatment works, the owner will be notified by the boardin writing.
c. Any owner that of a treatment works thatwas authorized to discharge under the general permit issued in 2011 thatdoes not qualify for automatic permit coverage renewal shall submit a completeregistration statement, or for an individual single family dwelling acombined application, to the department on or before June 2, 2011 2016.
3. Late notifications registration statements. Lateregistration Registration statements will be accepted by theboard, or for individual single family dwellings combined applications,for existing treatment works covered under subdivision 2 b of this subsectionwill be accepted after August 1, 2016, but authorization to discharge willnot be retroactive. Owners described in subdivision 2 b of this subsectionthat submit registration statements or combined applications after June 2,2016, are authorized to discharge under the provisions of 9VAC25-110-60 D if acomplete registration statement, or combined application, is submitted beforeAugust 2, 2016.
B. Registration statement. The registration statement shallcontain the following information:
1. a. Indicate if the facility building servedby the treatment works is a an individual single family dwelling.If the facility building is not a an individualsingle family dwelling, describe the facility's use of the buildingor site served.
b. Name and street address of the facility buildingor site served by the treatment works.
2. a. Name, mailing address, email address (whereavailable), and work and home telephone numbers number ofthe facility owner of the treatment works. For a dwelling,indicate Indicate if the owner is or will be the occupant of thedwelling or building served by the treatment works.
b. If the owner is not or will not be the occupant of thedwelling or building, provide an alternate contact name, mailing address, emailaddress (where available), and telephone number of the dwelling or building, ifavailable.
3. Name of the water body receiving the discharge. Indicate ifthe discharge point is on a stream that usually flows during dry weather.
4. The amount of discharge from the treatment works, ingallons per day, on a monthly average, and the design flow of the treatmentworks, in gallons per day.
5. A description of any pollutants, other than domesticsewage, to be discharged.
6. For a proposed treatment works, indicate if there arecentral sewage facilities available to serve the facility building orsite.
7. If the facility treatment works currently hasa VPDES permit, provide the permit number. Indicate if the facility treatmentworks has been built and begun discharging.
8. For the owner of any proposed treatment works or anytreatment works that has not previously been issued a VPDES permit:
a. A 7.5 minute USGS U.S. Geological Survey (USGS)topographic map or equivalent (e.g., a computer generated map) that indicatesthe discharge point, the location of the property to be served by the treatmentworks, and the location of any wells, springs, other water bodies, and anyresidences within 1/2 mile downstream from the discharge point;
b. A site diagram of the existing or proposed sewagetreatment works; to include the property boundaries, the location of the facilityor dwelling to be, building, or site served, the individualsewage treatment units, the receiving water body, and the discharge linelocation; and
c. A copy of the notification from the Virginia Department ofHealth that an onsite sewage disposal system permit has been applied for andthat the Virginia Department of Health has determined that there is no onsitesystem available to serve that parcel of land.
9. Maintenance contract Operation and maintenance.
a. For the owner of a treatment works serving an individualsingle family dwelling, indicate if a valid operation andmaintenance contract has been obtained in accordance with therequirements are specified in VDH regulations at 12VAC5-640-500,or if an variance to the maintenance contract requirement has been requestedand granted by the Virginia Department of Health. Provide the name of theindividual or company contracted to perform the treatment works maintenance andthe expiration date of the current contract, if applicable. If the treatmentworks has not been constructed yet, provide the name after construction iscomplete and prior to starting the treatment plant operation.
Indicate if a monitoring contract has been obtained inaccordance with the requirements in 12VAC5-640-490 F, or if the monitoringcontract requirement has been waived by the Virginia Department of Health, orif the monitoring requirements are included as part of the maintenancecontract. Provide the name of the individual or company contracted to performthe treatment works monitoring and the expiration date of the current contract,if applicable. If the treatment works has not been constructed yet, provide thename after construction is complete and prior to starting the treatment plantoperation;
b. For the owner of a treatment works serving a nonsinglebuilding or dwelling other than an individual single family dwelling,indicate if a valid maintenance contract has been obtained, or if an exceptionto the maintenance contract requirement has been requested and granted inaccordance with subdivision 10 of this subsection. Provide the name of theindividual or company contracted to perform the treatment works maintenance andthe expiration date of the current contract, if applicable. If the treatmentworks has not been constructed yet, provide the name after the certificate toconstruct (CTC) is issued, and prior to requesting a certificate to operate(CTO). A valid maintenance contract shall provide for the following:
(1) Performance of all testing required in accordance witheither 9VAC25-110-80 Part I A or Part I B, as appropriate, and periodic (atleast annual) inspections of the treatment works. Note: The treatment worksshould be sampled during normal discharging operations or normal dischargingconditions (i.e., operations that are normal for that facility). The owner ormaintenance provider should not force a discharge in order to collect a sample;
(2) A written notification to the owner within 24 hourswhenever the contract provider becomes aware that maintenance or repair of theowner's treatment works is necessary. The owner is responsible for promptmaintenance and repair of the treatment works including all costs associatedwith the maintenance or repair. Immediately upon receipt of notice that repairor maintenance is required, the owner shall begin emergency pump and haul ofall sewage generated from the facility or dwelling if full and complete repairscannot be accomplished within 48 hours.
(3) A log of the following items shall be maintained by thecontract provider for as long as the contract is in force:
(a) Results of all tests and sampling. Note: If sampling isattempted, but no sample was taken or possible, the log shall show all samplingattempts, and document and explain why no sample was taken or possible;
(b) Alarm activation incidents;
(c) Maintenance, corrective, or repair activitiesperformed;
(d) Recommended repair or replacement items; and
(e) Copies of all reports prepared by the contractprovider.
(4) An inspection shall be conducted by the contractprovider within 48 hours after notification by the owner that a problem may beoccurring; and
(5) The maintenance contract shall be kept in force duringthe entire permit term, and shall be valid for a minimum of 24 months ofconsecutive coverage.
10. The owner of a treatment works serving a nonsingle buildingor dwelling other than an individual single family dwelling may request anexception to the maintenance contract requirement by submitting an operationand maintenance plan to the board for review and approval. If an operation andmaintenance plan has been approved by the board previously and remains currentand complete, then it does not need to be resubmitted. In such cases, the ownershall provide the date of approval of the operation and maintenance plan,and identify any changes that have been made to the approved plan. At aminimum, the operation and maintenance plan shall contain the followinginformation:
a. An up-to-date operation and maintenance manual for thetreatment works;
b. A log of all maintenance performed on the treatmentworks including, but not limited to, the following:
(1) The date and amount of disinfection chemicals added tothe chlorinator.
(2) If dechlorination is used, the date and amount of anydechlorination chemicals that are added.
(3) The date and time of equipment failure(s) and the dateand time the equipment was restored to service.
(4) The date and approximate volume of sludge removed.
(5) Results of all tests and sampling. Note: If sampling isattempted, but no sample was taken or possible, the log shall show all samplingattempts, and document and explain why no sample was taken or possible;
c. Dated receipts for chemicals purchased, equipmentpurchased, and maintenance performed; and
d. An effluent monitoring plan to conform with therequirements of 9VAC25-110-80 Part I A or Part I B, as appropriate, includingall sample collection, preservation, and analysis procedures. Note: Thetreatment works should be sampled during normal discharging operations ornormal discharging conditions (i.e., operations that are normal for thatfacility). The owner or maintenance provider should not force a discharge inorder to collect a sample.
11. The following certification: "I hereby grant to dulyauthorized agents of the Department of Environmental Quality, upon presentationof credentials, permission to enter the property where the treatment works islocated for the purpose of determining compliance with or the suitability ofcoverage under the General Permit. I certify under penalty of law that thisdocument and all attachments were prepared under my direction or supervision inaccordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of theperson or persons who manage the system or those persons directly responsiblefor gathering the information, the information submitted is to the best of myknowledge and belief true, accurate, and complete. I am aware that there aresignificant penalties for submitting false information including thepossibility of fine and imprisonment for knowing violations."
C. The registration statement shall be signed inaccordance with the requirements of 9VAC25-31-110 A of the VPDESPermit Regulation.
D. The registration statement may be delivered to thedepartment by either postal or electronic mail and shall be submitted to theDEQ regional office serving the area where the treatment works is located.
9VAC25-110-80. General permit.
Any owner whose registration statement is accepted by theboard, or whose permit coverage is automatically renewed, shall comply with therequirements contained herein and be subject to all requirements of9VAC25-31-170.
General Permit No.: VAG40
Effective Date: August 2, 2011 2016
Expiration Date: August 1, 2016 2021
GENERAL PERMIT FOR DOMESTIC SEWAGE DISCHARGES OF LESS THAN OREQUAL TO 1,000 GALLONS PER DAY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANTDISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act(33 USC § 1251 et seq.), as amended, and pursuant to the State WaterControl Law and regulations adopted pursuant thereto, owners of treatment workswith domestic sewage discharges of a design flow of less than or equal to 1,000gallons per day on a monthly average are authorized to discharge to surfacewaters within the boundaries of the Commonwealth of Virginia, except thosewaters specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with [ theinformation submitted with the registration statement, ] this coverpage, Part I-Effluent Limitations, Monitoring Requirements and SpecialConditions, and Part II-Conditions Applicable to All VPDES Permits, as setforth herein.
Part I
Effluent Limitations, Monitoring Requirements and Special Conditions
A. Effluent limitations and monitoring requirements -receiving waters where the 7Q10 flows are less than 0.2 MGD.
1. During the period beginning with the permit's effectivedate and lasting until the permit's expiration date, the permittee isauthorized to discharge from outfall number 001 to receiving waters where the7Q10 flows are less than 0.2 MGD.
The discharge shall be limited and monitored by the permitteeas specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (MGD)(1) | NA | NL | 1/year | Estimate |
| BOD5 | NA | 30 mg/l | 1/year | Grab |
| Total Suspended Solids | NA | 30 mg/l | 1/year | Grab |
| Total Residual Chlorine(2) | | | | |
| After contact tank | 1.0 mg/l | NA | 1/year | Grab |
| Final effluent | NA | 0.016 mg/l(6) | 1/year | Grab |
| E. coli(3) | NA | 235/100 235 CFU/100 ml
| 1/year | Grab |
| enterococci(4) | NA | 104/100 104 CFU/100 ml
| 1/year | Grab |
| Fecal Coliform Bacteria(5) | NA | 200/100 200 CFU/100 ml
| 1/year | Grab |
| pH (standard units) | 6.0 | 9.0 | 1/year | Grab |
| Dissolved Oxygen | 5.0 mg/l(6) | NA | 1/year | Grab |
| NL = No Limitation, monitoring required NA = Not Applicable | |
| (1)The design flow of this treatment facility works is less than or equal to 1,000 gallons per day. |
| (2)Applies only when chlorine is used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). |
| (3)Applies only when methods other than chlorine are used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (4)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). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (5)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (6)Does not apply when the receiving stream is an ephemeral stream. "Ephemeral streams" are drainage ways, ditches, hollows, or swales that contain only (i) flowing water during or immediately following periods of rainfall or (ii) water supplied by the discharger. These waterways would normally have no active aquatic community. |
| | | | | |
2. All monitoring data required by Part I A 1 shall bemaintained on site in accordance with Part II B. Reporting of results to DEQis not required; however, the monitoring Monitoring results fortreatment works serving buildings or dwellings other than individual singlefamily dwellings shall be made available to DEQ personnel upon requestsubmitted to the department on a Discharge Monitoring Report (DMR) no laterthan the 10th of [ January September ] followingthe monitoring period. The monitoring period is [ JanuarySeptember ] 1 through [ December August ]31. A copy of the maintenance log required by Part I D 2 b (4) shall also besubmitted with the DMR. Monitoring results for treatment works servingindividual single family dwellings shall be are submitted to theVirginia Department of Health in accordance with 12VAC5-640.
3. The 30-day average percent removal for BOD5 andtotal suspended solids shall not be less than 85%.
B. Effluent limitations and monitoring requirements -receiving waters where the 7Q10 flows are equal to or greater than 0.2 MGD.
1. During the period beginning with the permit's effectivedate and lasting until the permit's expiration date, the permittee isauthorized to discharge from outfall number 001 to receiving waters where the7Q10 flows are equal to or greater than 0.2 MGD.
The discharge shall be limited and monitored by the permitteeas specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (MGD)(1) | NA | NL | 1/year | Estimate |
| BOD5 | NA | 30 mg/l | 1/year | Grab |
| Total Suspended Solids | NA | 30 mg/l | 1/year | Grab |
| Total Residual Chlorine(2) | | | | |
| After contact tank | 1.0 mg/l | NA | 1/year | Grab |
| Final effluent | 1.0 mg/l NA
| 2.0 mg/l | 1/year | Grab |
| E. coli(3) | NA | 235/100 235 CFU/100 ml
| 1/year | Grab |
| enterococci(4) | NA | 104/100 104 CFU/100 ml
| 1/year | Grab |
| Fecal Coliform Bacteria(5) | NA | 200/100 200 CFU/100 ml
| 1/year | Grab |
| pH (standard units) | 6.0 | 9.0 | 1/year | Grab |
| NL = No Limitation, monitoring required NA = Not Applicable | |
| (1)The design flow of this treatment facility works is less than or equal to 1,000 gallons per day. |
| (2)Applies only when chlorine is used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). |
| (3)Applies only when methods other than chlorine are used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (4)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). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (5)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters). When the facility treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| | | | | |
2. All monitoring data required by Part I B 1 shall bemaintained on site in accordance with Part II B. Reporting of results to DEQis not required; however, the monitoring Monitoring results fortreatment works serving buildings or dwellings other than individual singlefamily dwellings shall be made available to DEQ personnel upon requestsubmitted to the department on a Discharge Monitoring Report (DMR) no laterthan the 10th of [ January September ] followingthe monitoring period. The monitoring period is [ JanuarySeptember ] 1 through [ December August ]31. A copy of the maintenance log required by Part I D 2 b (4) shall also besubmitted with the DMR. Monitoring results for treatment works servingindividual single family dwellings shall be are submitted to theVirginia Department of Health in accordance with 12VAC5-640.
3. The 30-day average percent removal for BOD5 andtotal suspended solids shall not be less than 85%.
C. Effluent limitations and monitoring requirements - dischargesto receiving waters subject to the Policy for the Potomac River Embayments(9VAC25-415).
1. During the period beginning with the permit's effectivedate and lasting until the permit's expiration date, the permittee isauthorized to discharge from outfall number 001 to receiving waters subject tothe Policy for the Potomac River Embayments (9VAC25-415).
The discharge shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (MGD)(1) | NA | NL | 1/3 months | Estimate |
| pH (standard units) | 6.0 | 9.0 | 1/3 months | Grab |
| cBOD5 | NA | 5 mg/l | 1/3 months | Grab |
| Total Suspended Solids | NA | 6.0 mg/l | 1/3 months | Grab |
| Ammonia as N (Apr 1 – Oct 31) | NA | 1.0 mg/l | 1/3 months | Grab |
| Ammonia as N (Nov 1 – Mar 31) | NA | 3.1 mg/l | 1/3 months | Grab |
| Dissolved Oxygen | 6.0 mg/l | NA | 1/3 months | Grab |
| E. coli(3) | NA | 235 CFU/100 ml | 1/3 months | Grab |
| enterococci(4) | NA | 104 CFU/100 ml | 1/3 months | Grab |
| Total Phosphorus | NA | 0.18 mg/l | 1/3 months | Grab |
| Total Residual Chlorine(2) | | | | |
| After contact tank | 1.0 mg/l | NA | 1/3 months | Grab |
| Final effluent | NA | 0.016 mg/l | 1/3 months | Grab |
| NL = No Limitation, monitoring required NA = Not Applicable | |
| (1)The design flow of this treatment works is less than or equal to 1,000 gallons per day. |
| (2)Applies only when chlorine is used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). |
| (3)Applies only when methods other than chlorine are used for disinfection and the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| (4)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). When the treatment works is discharging, continuous disinfection shall be provided in order to maintain this effluent limit. |
| | | | | |
2. All monitoring data required by Part I C 1 shall bemaintained on site in accordance with Part II B. Monitoring results shall besubmitted to the department on a Discharge Monitoring Report (DMR) no laterthan the 10th day of the month following the monitoring period. The quarterlymonitoring periods shall be January through March, April through June, Julythrough September, and October through December. A copy of the maintenance logrequired by Part I D 2 b (4) shall also be submitted with the DMR. Monitoringresults for treatment works serving individual single family dwellings shallalso be submitted to the Virginia Department of Health in accordance with12VAC5-640.
3. The 30-day average percent removal for BOD5and total suspended solids shall not be less than 85%.
D. Special conditions.
1. There shall be no discharge of floating solids or visiblefoam in other than trace amounts.
2. Maintenance contract Operation and maintenance.
a. Treatment works serving individual single family dwellings.The Operation and maintenance requirements for treatment worksserving individual single family dwellings are specified in the VirginiaDepartment of Health regulations at 12VAC5-640-500 require maintenancecontracts for treatment works serving individual single family dwellings.
(1) For existing treatment works, the permittee shall keepa maintenance contract in force during the permit term, unless the permitteehas been granted a variance from the maintenance contract requirement by theVirginia Department of Health. A copy of the maintenance contract, ifapplicable, shall be kept at the site of the treatment works and shall be madeavailable to DEQ or to the Virginia Department of Health for examination uponrequest. The permittee is also responsible for ensuring that the local healthdepartment has a current copy of a valid maintenance agreement in accordancewith 12VAC5-640-500 B.
(2) For proposed treatment works, the permittee shallsubmit a copy of a valid maintenance contract to both DEQ and the VirginiaDepartment of Health prior to operation of the treatment works unless thepermittee has been granted a variance from the maintenance contract requirementby the Virginia Department of Health. The maintenance contract shall be kept inforce during the permit term. A copy of the maintenance contract, ifapplicable, shall be kept at the site of treatment works, and made available toDEQ or the Virginia Department of Health for examination upon request. Thepermittee is also responsible for ensuring that the local health department hasa current copy of a valid maintenance agreement in accordance with12VAC5-640-500 B.
(3) At a minimum, the maintenance contract shall providefor the following:
(a) Performance of all testing required in either Part I Aor Part I B of this permit, as appropriate, and in the Alternative DischargingSewage Treatment Regulations for Individual Single Family Dwellings, 12VAC5-640-490B, unless the owner maintains a separate monitoring contract in accordance with12VAC5-640-490 F. Note: The treatment works should be sampled during normaldischarging operations or normal discharging conditions (i.e., operations thatare normal for that facility). The owner or maintenance provider should notforce a discharge in order to collect a sample;
(b) A written notification to the owner within 24 hourswhenever the contract provider becomes aware that maintenance or repair of theowner's treatment works is necessary. The owner is responsible for promptmaintenance and repair of the treatment works including all costs associatedwith the maintenance or repair. Immediately upon receipt of notice that repairor maintenance is required, the owner shall begin emergency pump and haul ofall sewage generated in the dwelling if full and complete repairs cannot beaccomplished within 48 hours; and
(c) The maintenance contract shall be valid for a minimumof 24 months of consecutive coverage.
b. Treatment works serving nonsingle buildings ordwellings other than individual single family dwellings.
(1) For existing treatment works, the permittee shall keep amaintenance contract in force during the permit term, unless an exception tothe maintenance contract requirement has been requested and granted inaccordance with Part I C D 3. A copy of the maintenance contract,if applicable, shall be kept at the site of the treatment works and madeavailable to DEQ for examination upon request.
(2) For proposed treatment works, the permittee shall submit acopy of certification that the permittee has a valid maintenancecontract to DEQ prior to operation of the treatment works, unless an exceptionto the maintenance contract requirement has been requested and granted inaccordance with Part I C D 3. The A maintenancecontract shall be kept in force during the permit term. A copy of themaintenance contract shall be kept at the site of the treatment works,and shall be made available to DEQ for examination upon request.
(3) At a minimum, the maintenance contract shall provide forthe following:
(a) Performance of all testing required in accordance witheither Part I A, Part I B, or Part I B C, as appropriate,and periodic (at least annual) inspections of the treatment works. Note: TheDischarges from the treatment works should be sampled during normaldischarging operations or normal discharging conditions (i.e., operations thatare normal for that facility) treatment works). The owner ormaintenance provider should not force a discharge in order to collect a sample;
(b) A written notification to the owner within 24 hourswhenever the contract provider becomes aware that maintenance or repair of theowner's treatment works is necessary. The owner is responsible for promptmaintenance and repair of the treatment works including all costs associatedwith the maintenance or repair. Immediately upon receipt of notice that repairor maintenance is required, the owner shall begin emergency pump and haul ofall sewage generated from the facility building or dwelling orotherwise ensure that no discharge occurs if full and complete repairscannot be accomplished within 48 hours;
(c) A log of the following items shall be maintained at thetreatment works by the contract provider:
(i) Results of all tests and sampling. Note: If sampling isattempted, but no sample was taken or possible, the log shall show all samplingattempts, and document and explain why no sample was taken or possible;
(ii) Alarm activation incidents;
(iii) Maintenance, corrective, or repair activities performed;
(iv) Recommended repair or replacement items; and
(v) Copies of all reports prepared by the contract provider; and
(d) An inspection shall be conducted by the contract providerwithin 48 hours after notification by the owner that a problem may be occurring;and.
(e) The maintenance contract shall be valid for a minimumof 24 months of consecutive coverage.
(4) The permittee shall keep a log of all maintenanceperformed on the treatment works including, but not limited to, the following:
(a) The date and amount of disinfection chemicals added tothe chlorinator.
(b) If dechlorination is used, the date and amount of anydechlorination chemicals that are added.
(c) The date and time of equipment failure and the date andtime the equipment was restored to service.
(d) The date and approximate volume of sludge removed.
(e) Dated receipts for chemicals purchased, equipmentpurchased, and maintenance performed.
3. Operation and maintenance plan. The owner of any treatmentworks serving a nonsingle building or dwelling other than anindividual single family dwelling may request an exception to themaintenance contract requirement by submitting an operation and maintenanceplan to the board for review and approval. At a minimum, the operation andmaintenance plan shall contain the following information:
a. An up-to-date operation and maintenance manual for thetreatment works;
b. A log of all maintenance performed on the treatment worksincluding, but not limited to, the following:
(1) The date and amount of disinfection chemicals added to thechlorinator (if applicable).
(2) If dechlorination is used, the date and amount of anydechlorination chemicals that are added.
(3) The date and time of equipment failure(s) failureand the date and time the equipment was restored to service.
(4) The date and approximate volume of sludge removed.
(5) Results of all tests and sampling. Note: If sampling isattempted, but no sample was taken or possible, the log shall show all samplingattempts, and document and explain why no sample was taken or possible;
c. Dated receipts for chemicals purchased, equipmentpurchased, and maintenance performed; and
d. An effluent monitoring plan to conform with therequirements of Part I A, Part I B, or Part I B C, asappropriate, including all sample collection, preservation, and analysisprocedures. Note: The Discharges from the treatment works shouldbe sampled during normal discharging operations or normal dischargingconditions (i.e., operations that are normal for that facility) treatmentworks). The owner or maintenance provider should not force a discharge inorder to collect a sample.
Should the permittee fail to implement the approved operationand maintenance plan, or if there are violations of effluent limitations, theboard reserves the right to require the permittee to obtain a maintenancecontract.
4. Compliance recordkeeping under Part I A, Part I B,and Part I B C.
a. The quantification levels (QL) shall be less than or equalto the following concentrations:
| Effluent Parameter | Quantification Level |
| BOD5 | 2.0 mg/l |
| cBOD5 | 2 mg/l |
| Ammonia as N | 0.20 mg/l |
| Total Phosphorus | 0.10 mg/l |
| TSS | 1.0 mg/l |
| Chlorine | 0.10 mg/l |
The QL is defined as the lowest concentration used tocalibrate a measurement system in accordance with the procedures published forthe test method.
b. Recording results. Any concentration data below the QL usedin the analysis shall be recorded as "<QL" if it is less than theQL in subdivision 4 a of this subsection. Otherwise the numericalvalue shall be recorded.
c. Monitoring results shall be recorded using the same numberof significant digits as listed in the permit. Regardless of the roundingconvention used by the permittee (e.g., 5 always rounding up or to the nearesteven number), the permittee shall use the convention consistently, and shall ensurethat consulting laboratories employed by the permittee use the same convention.
5. The discharges authorized by this permit shall becontrolled as necessary to meet water quality standards.
Part II
Conditions Applicable to all All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permitshall be representative of the monitored activity.
2. Monitoring shall be conducted according to proceduresapproved under 40 CFR Part 136 or alternative methods approved by the U.S.Environmental Protection Agency, unless other procedures have been specified inthis permit.
3. The permittee shall periodically calibrate and performmaintenance procedures on all monitoring and analytical instrumentation atintervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall beanalyzed in accordance with 1VAC30-45 (Certification for NoncommercialEnvironmental Laboratories) or 1VAC30-46 (Accreditation for CommercialEnvironmental Laboratories).
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling ormeasurements;
b. The individual(s) who performed the sampling ormeasurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) 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 bythis permit related to the permittee's sewage sludge use and disposalactivities, which shall be retained for a period of at least five years, thepermittee shall retain records of all monitoring information, including allcalibration and maintenance records and all original strip chart recordings forcontinuous monitoring instrumentation, copies of all reports required by thispermit, and records of all data used to complete the registration statement forthis 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 beextended automatically during the course of any unresolved litigation regardingthe regulated activity or regarding control standards applicable to thepermittee, or as requested by the board.
C. Reporting monitoring results. Monitoring results underthis permit are not required to be submitted to the department. However, shouldthe board request that the permittee submit monitoring results, the followingsubsections would apply.
1. The permittee shall submit the results of the monitoringrequired by this permit not later than the 10th day of the month aftermonitoring takes place, unless another reporting schedule is specifiedelsewhere in this permit. Monitoring results shall be submitted to thedepartment's regional office.
2. Monitoring results shall be reported on a DischargeMonitoring Report (DMR) or on forms provided, approved or specified by thedepartment.
3. If the permittee monitors any pollutant specificallyaddressed by this permit more frequently than required by this permit usingtest procedures approved under 40 CFR Part 136 or using other test proceduresapproved by the U.S. Environmental Protection Agency or using proceduresspecified in this permit, the results of this monitoring shall be included inthe calculation and reporting of the data submitted on the DMR or reportingform specified by the department.
4. Calculations for all limitations that require averaging ofmeasurements shall utilize an arithmetic mean unless otherwise specified inthis permit.
D. Duty to provide information. The permittee shall furnishto the department, within a reasonable time, any information that the board mayrequest to determine whether cause exists for modifying, revoking andreissuing, or terminating coverage under this permit or to determinecompliance with this permit. The board may require the permittee to furnish,upon request, such plans, specifications, and other pertinent information asmay be necessary to determine the effect of the wastes from his thedischarge on the quality of state waters, or such other information as may benecessary to accomplish the purposes of the State Water Control Law. Thepermittee shall also furnish to the department, upon request, copies of recordsrequired to be kept by this permit.
E. Compliance schedule reports. Reports of compliance ornoncompliance with, or any progress reports on, interim and final requirementscontained in any compliance schedule of this permit shall be submitted no laterthan 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with thispermit, or another permit issued by the board, it shall be unlawful for anyperson 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 biologicalproperties 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 industrialconsumption, for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee whodischarges or causes or allows a discharge of sewage, industrial waste, otherwastes or any noxious or deleterious substance into or upon state waters inviolation of Part II F, or who discharges or causes or allows a discharge thatmay reasonably be expected to enter state waters in violation of Part II F,shall notify the department of the discharge immediately upon discovery of thedischarge, but in no case later than 24 hours after said discovery. A writtenreport of the unauthorized discharge shall be submitted to the departmentwithin five days of discovery of the discharge. The written report shallcontain:
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 tocontinue;
7. If the discharge is continuing, what the expected totalvolume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and preventa recurrence of the present discharge or any future discharges not authorizedby this permit.
Discharges reportable to the department under the immediatereporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If anyunusual or extraordinary discharge including a bypass or upset should occurfrom a treatment works and the discharge enters or could be expected to enterstate waters, the permittee shall promptly notify, in no case later than 24hours, the department by telephone after the discovery of the discharge. Thisnotification shall provide all available details of the incident, including anyadverse affects effects on aquatic life and the known number offish killed. The permittee shall reduce the report to writing and shall submitit to the department within five days of discovery of the discharge inaccordance with Part II I 2. Unusual and extraordinary discharges include, butare not limited to, any discharge resulting from:
1. Unusual spillage of materials resulting directly orindirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of thetreatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report anynoncompliance that may adversely affect state waters or may endanger publichealth.
1. An oral report shall be provided within 24 hours from thetime the permittee becomes aware of the circumstances. The following shall beincluded as information that shall be reported within 24 hours under thisparagraph:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within five days andshall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates andtimes, and if the noncompliance has not been corrected, the anticipated time itis expected to continue; and
c. Steps taken or planned to reduce, eliminate, and preventreoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basisfor reports of noncompliance under Part II I if the oral report has beenreceived within 24 hours and no adverse impact on state waters has beenreported.
3. The permittee shall report all instances of noncompliancenot reported under Part II I 1 or 2, in writing, at the time the nextmonitoring reports are submitted. The reports shall contain the informationlisted in Part II I 2.
NOTE: The immediate (within 24 hours) reports required inParts II G, H, and I may be made to the department's regional office. Reportsmay be made by telephone or by fax, FAX, or online at http://www.deq.virginia.gov/Programs/Pollution
ResponsePreparedness/MakingaReport.aspx. For reports outside normal workinghours, leave a message may be left and this shall fulfill theimmediate reporting requirement. For emergencies, the Virginia Department ofEmergency Management maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soonas possible of any planned physical alterations or additions to the permittedfacility. 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 dischargeof pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under Section§ 306 of the Clean Water Act (33 USC § 1251 et seq.)that are applicable to such source; or
(2) After proposal of standards of performance in accordancewith Section § [ 306 ] of the Clean Water Actthat are applicable to such source, but only if the standards are promulgatedin accordance with Section § 306 within 120 days of theirproposal;
b. The alteration or addition could significantly change thenature or increase the quantity of pollutants discharged. This notificationapplies to pollutants that are subject neither to effluent limitations nor tonotification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant changein the permittee's sludge use or disposal practices, and such alteration,addition, or change may justify the application of permit conditions that aredifferent from or absent in the existing permit, including notification ofadditional use or of disposal sites not reported during the permitapplication process or not reported pursuant to an approved land applicationplan.
2. The permittee shall give advance notice to the departmentof any planned changes in the permitted facility or activity that may result innoncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shallbe signed as follows:
a. For a corporation: by a responsible corporate officer. Forthe purpose of this section, a responsible corporate officer means: (i) apresident, secretary, treasurer, or vice-president of the corporation in chargeof a principal business function, or any other person who performs similarpolicy-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 which governthe operation of the regulated facility including having the explicit orimplicit duty of making major capital investment recommendations, andinitiating and directing other comprehensive measures to assure long termenvironmental compliance with environmental laws and regulations; the managercan ensure that the necessary systems are established or other actions taken togather complete and accurate information for permit application registrationrequirements; and where authority to sign documents has been assigned ordelegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a generalpartner 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. Forpurposes of this section, a principal executive officer of a public agencyincludes: (i) the chief executive officer of the agency or (ii) a seniorexecutive officer having responsibility for the overall operations of aprincipal geographic unit of the agency.
2. Reports, etc. All reports required by permits [ , ]and other information requested by the board shall be signed by a persondescribed 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 describedin Part II K 1;
b. The authorization specifies either an individual or aposition having responsibility for the overall operation of the regulatedfacility or activity such as the position of plant manager, operator of a wellor a well field, superintendent, position of equivalent responsibility, or anindividual or position having overall responsibility for environmental mattersfor the company. A duly authorized representative may thus be either a namedindividual 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 IIK 2 is no longer accurate because a different individual or position has responsibilityfor the overall operation of the facility, a new authorization satisfying therequirements of Part II K 2 shall be submitted to the department prior to ortogether with any reports, or information to be signed by an authorizedrepresentative.
4. Certification. Any person signing a document under Part IIK 1 or 2 shall make the following certification:
"I certify under penalty of law that this document andall attachments were prepared under my direction or supervision in accordancewith a system designed to assure that qualified personnel properly gather andevaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of myknowledge and belief, true, accurate, and complete. I am aware that there aresignificant penalties for submitting false information, including thepossibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with allconditions of this permit. Any permit noncompliance constitutes a violation ofthe State Water Control Law and the Clean Water Act, except that noncompliancewith certain provisions of this permit may constitute a violation of the StateWater Control Law but not the Clean Water Act. Permit noncompliance is groundsfor enforcement action; for permit termination, revocation and reissuance, ormodification; or denial of a permit coverage renewal application.
The permittee shall comply with effluent standards orprohibitions established under Section § 307(a) of the CleanWater Act for toxic pollutants and with standards for sewage sludge use ordisposal established under Section § 405(d) of the Clean WaterAct within the time provided in the regulations that establish these standardsor prohibitions or standards for sewage sludge use or disposal, even if thispermit has not yet been modified to incorporate the requirement.
M. Duty to reapply.
1. If the permittee wishes to continue an activity regulatedby this permit after the expiration date of this permit, and the permittee doesnot qualify for automatic permit coverage renewal, the permittee shall submit anew registration statement, or for an individual single family dwelling acombined application, at least 60 days before the expiration date of theexisting permit, unless permission for a later date has been granted by theboard. The board shall not grant permission for registration statements orcombined applications to be submitted later than the expiration date of theexisting permit.
2. A permittee qualifies for automatic permit coverage renewaland is not required to submit a registration statement, or for an individualsingle family dwelling a combined application, if:
a. The ownership of the treatment works has not changed sincethis general permit went into effect on August 2, 2011 2016, or,if the ownership has changed, (i) a new registration statement or foran individual single family dwelling a combined application or (ii) aVPDES Change of Ownership form was submitted to the department by the newowner at the time of the title transfer;
b. There has been no change in the design or operation, orboth, of the treatment works since this general permit went into effect onAugust 2, 2011 2016;
c. For treatment works serving individual single familydwellings, the Virginia Department of Health does not object to the automaticpermit coverage renewal for this treatment works based on system performanceissues, enforcement issues, or other issues sufficient to the board. If theVirginia Department of Health objects to the automatic renewal for thistreatment works, the permittee will be notified by the board in writing; and
d. For treatment works serving nonsingle buildingsor dwellings other than single family dwellings, the board has no objectionto the automatic permit coverage renewal for this treatment works based onsystem performance issues, or enforcement issues, or other issuessufficient to the board. If the board objects to the automatic renewal forthis treatment works, the permittee will be notified by the board inwriting.
3. Any permittee that does not qualify for automaticpermit coverage renewal shall submit a new registration statement, or for anindividual single family dwelling a combined application, in accordancewith Part II M 1.
N. Effect of a permit. This permit does not convey anyproperty rights in either real or personal property or any exclusiveprivileges, nor does it authorize any injury to private property or invasion ofpersonal rights, or any infringement of federal, state or local law orregulations.
O. State law. Nothing in this permit shall be construed topreclude the institution of any legal action under, or relieve the permitteefrom any responsibilities, liabilities, or penalties established pursuant to,any other state law or regulation or under authority preserved by Section§ 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 civiland criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in thispermit shall be construed to preclude the institution of any legal action orrelieve the permittee from any responsibilities, liabilities, or penalties towhich the permittee is or may be subject under §§ 62.1-44.34:14 through62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall atall times properly operate and maintain all facilities and systems of treatmentand control (and related appurtenances) that are installed or used by thepermittee to achieve compliance with the conditions of this permit. Proper operationand maintenance also include effective plant performance, adequate funding,adequate staffing, and adequate laboratory and process controls, includingappropriate quality assurance procedures. This provision requires the operationof back-up or auxiliary facilities or similar systems that are installed by thepermittee only when the operation is necessary to achieve compliance with theconditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or otherpollutants removed in the course of treatment or management of pollutants shallbe disposed of in a manner so as to prevent any pollutant from such materialsfrom entering state waters.
S. Duty to mitigate. The permittee shall take all reasonablesteps to minimize or prevent any discharge or sludge use or disposal inviolation of this permit that has a reasonable likelihood of adverselyaffecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shallnot be a defense for a permittee in an enforcement action that it would havebeen necessary to halt or reduce the permitted activity in order to maintaincompliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of wastestreams from any portion of a treatment facility. The permittee may allow anybypass to occur that does not cause effluent limitations to be exceeded, butonly if it also is for essential maintenance to ensure efficient operation.These bypasses are not subject to the provisions of Parts II U 2 and 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance ofthe need for a bypass, prior notice shall be submitted, if possible, at least10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice ofan unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcementaction 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 asthe use of auxiliary treatment facilities, retention of untreated wastes, ormaintenance during normal periods of equipment downtime. This condition is notsatisfied if adequate back-up equipment should have been installed in theexercise of reasonable engineering judgment to prevent a bypass that occurredduring normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part IIU 2.
b. The board may approve an anticipated bypass afterconsidering its adverse effects if the board determines that it will meet thethree conditions listed above in Part II U 3 a.
V. Upset.
1. An upset, defined in 9VAC25-31-10, constitutes anaffirmative defense to an action brought for noncompliance withtechnology-based permit effluent limitations if the requirements of Part II V 2are met. A determination made during administrative review of claims thatnoncompliance was caused by upset, and before an action for noncompliance, isnot a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defenseof upset shall demonstrate through properly signed, contemporaneous operatinglogs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify thecause(s) of the upset;
b. The permitted facility was at the time being properlyoperated;
c. The permittee submitted notice of the upset as required inPart II I; and
d. The permittee complied with any remedial measures requiredunder Part II S.
3. In any enforcement proceeding the permittee seeking toestablish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director,or an authorized representative, upon presentation of credentials and otherdocuments as may be required by law, to:
1. Enter upon the permittee's premises where a regulatedfacility or activity is located or conducted, or where records must be kept underthe conditions of this permit;
2. Have access to and copy, at reasonable times, any recordsthat must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment(including monitoring and control equipment), practices, or operationsregulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes ofassuring permit compliance or as otherwise authorized by the Clean Water Actand the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shallbe deemed reasonable during regular business hours, and whenever the facilityis discharging. Nothing contained herein shall make an inspection unreasonableduring an emergency.
X. Permit actions. Permits may be modified, revoked andreissued, or terminated for cause. The filing of a request by the permittee fora permit modification, revocation and reissuance, termination, or notificationof planned changes or anticipated noncompliance does not stay any permitcondition.
Y. Transfer of permits. 1. Permits are nottransferable to any person except after notice to the department. Except asprovided in Part II Y 2, a permit may be transferred by the permittee to a newowner or operator only if the permit has been modified or revoked and reissued,or a minor modification made, to identify the new permittee and incorporatesuch other requirements as may be necessary under the State Water Control Lawand the Clean Water Act. 2. As an alternative to transfers under Part II Y 1,Coverage under this permit may be automatically transferred to a newpermittee if:
a. 1. The current permittee notifies thedepartment within 30 days of the transfer of the title to the facility orproperty, unless permission for a later date has been granted by the board;
b. 2. The notice includes a written agreementbetween the existing and new permittees containing a specific date for transferof permit responsibility, coverage, and liability between them; and
c. 3. The board does not notify the existingpermittee and the proposed new permittee of its intent to modify or revokeand reissue deny the new permittee coverage under the permit. Ifthis notice is not received, the transfer is effective on the date specified inthe 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 thispermit to any circumstance is held invalid, the application of such provisionto other circumstances, and the remainder of this permit, shall not be affectedthereby.
NOTICE: The followingforms used in administering the regulation were filed by the agency. The formsare not being published; however, online users of this issue of the VirginiaRegister of Regulations may click on the name of a form with a hyperlink toaccess it. The forms are also available from the agency contact or may beviewed at the Office of the Registrar of Regulations, General AssemblyBuilding, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-110)
VPDES Change of Ownership Agreement Form (eff.7/10).
CombinedApplication - Virginia Department of Health Discharging System Application forSingle Family Dwellings Discharging Sewage Less Than or Equal to 1,000 Gallonsper Day and State Water Control Board Virginia Pollutant Discharge EliminationSystem General Permit Registration Statement for Domestic Sewage DischargesLess Than or Equal to 1,000 Gallons per Day (eff. 9/2011)
VA.R. Doc. No. R15-4177; Filed January 28, 2016, 8:21 a.m.