REGULATIONS
Vol. 33 Iss. 26 - August 21, 2017

TITLE 2. AGRICULTURE
STATE BOARD OF AGRICULTURE AND CONSUMER SERVICES
Forms

REGISTRAR'S NOTICE: Forms used in administering the following regulation have been filed by the Department of Agriculture and Consumer Services. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

Title of Regulation: 2VAC5-210. Rules and Regulations Pertaining to Meat and Poultry Inspection under the Virginia Meat and Poultry Products Inspection Act.

Contact Information: Barry Jones, Program Manager, Office of Meat and Poultry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4569, or email barry.jones@vdacs.virginia.gov.

FORMS (2VAC5-210)

Application for Red Meat Permit of Exemption Under the Virginia Meat and Poultry Products Inspection Act, Form VDACS-03072 (rev. 1/08).

Application for State Meat and Poultry Inspection, Form VDACS-03090 (eff. 2/06).

Application for Registration of Poultry Exemption Under the Virginia Meat and Poultry Products Inspection Act, Form VDACS-03072A (eff. 11/07).

Application for Red Meat Permit of Exemption Under the Virginia Meat and Poultry Products Inspection Act, VDACS-03072 (rev. 2/17)

Application for State Meat and Poultry Inspection, VDACS-03090 (rev. 2/17)

Application for Registration of Poultry Exemption Under the Virginia Meat and Poultry Products Inspection Act, VDACS-03072A (rev. 2/17)

Establishment Hours of Operation, Form VDACS-03091 (eff. 2/07)

Application/Approval for Voluntary Reimbursable Inspection Service, Form VDACS-03140 (eff. 6/06).

Application/Approval for Voluntary Reimbursable Inspection Service, VDACS-03140 (rev. 2/17)

VA.R. Doc. No. R17-5209; Filed July 24, 2017, 1:43 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-270. Pertaining to Crabbing (amending 4VAC20-270-40, 4VAC20-270-51, 4VAC20-270-55).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: August 1, 2017.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments modify (i) the 2017 and 2018 seasons for the harvest of crabs by crab pot, (ii) the time for harvesting at a higher bushel limit, and (iii) the start date of the lower bushel limit season.

4VAC20-270-40. Season limits.

A. In 2016 2017, the lawful season for the commercial harvest of crabs by crab pot shall be March 17 1 through December 20 November 30. In 2017 2018, the lawful season for the commercial harvest of crabs by crab pot shall be March 1 17 through December 20 November 30. For all other lawful commercial gear used to harvest crabs, as described in 4VAC20-1040, the lawful seasons for the harvest of crabs shall be April 21 through October 31 in 2016 and April 1 through October 31 in 2017.

B. It shall be unlawful for any person to harvest crabs or to possess crabs on board a vessel, except during the lawful season, as described in subsection A of this section.

C. It shall be unlawful for any person knowingly to place, set, fish, or leave any hard crab pot in any tidal waters of Virginia from December 21, 2016 1, 2017, through February 28, 2017 March 16, 2018. It shall be unlawful for any person knowingly to place, set, fish, or leave any lawful commercial gear used to harvest crabs, except any hard crab pot, or as described in 4VAC20-460-25, in any tidal waters of Virginia from November 1, 2016 2017, through March 31, 2017 2018.

D. It shall be unlawful for any person knowingly to place, set, fish, or leave any fish pot in any tidal waters from March 12 through March 16, except as provided in subdivisions 1 and 2 of this subsection.

1. It shall be lawful for any person to place, set, or fish any fish pot in those Virginia waters located upriver of the following boundary lines:

a. In the James River the boundary shall be a line connecting Hog Point and the downstream point at the mouth of College Creek.

b. In the York River the boundary lines shall be the Route 33 bridges at West Point.

c. In the Rappahannock River the boundary line shall be the Route 360 bridge at Tappahannock.

d. In the Potomac River the boundary line shall be the Route 301 bridge that extends from Newberg, Maryland to Dahlgren, Virginia.

2. This subsection shall not apply to legally licensed eel pots as described in 4VAC20-500-50.

E. It shall be unlawful for any person to place, set, or fish any number of fish pots in excess of 10% of the amount allowed by the gear license limit, up to a maximum of 30 fish pots per vessel, when any person on that vessel has set any crab pots.

1. This subsection shall not apply to fish pots set in the areas described in subdivision D 1 of this section.

2. This subsection shall not apply to legally licensed eel pots as described in 4VAC20-500.

3. This subsection shall not apply to fish pots constructed of a mesh less than one-inch square or hexagonal mesh.

4VAC20-270-51. Daily commercial harvester, vessel, and harvest and possession limits.

A. Any barrel used by a harvester to contain or possess any amount of crabs will be equivalent in volume to no more than 3 bushels of crabs.

B. From July 5, 2016 2017, through November 15, 2016 October 31, 2017, and April 1, 2017 2018, through July 4, 2017 2018, any Commercial Fisherman Registration Licensee legally licensed for any crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:

1. 10 bushels, or 3 barrels and 1 bushel, of crabs if licensed for up to 85 crab pots.

2. 14 bushels, or 4 barrels and 2 bushels, of crabs if licensed for up to 127 crab pots.

3. 18 bushels, or 6 barrels, of crabs if licensed for up to 170 crab pots.

4. 29 bushels, or 9 barrels and 2 bushels, of crabs if licensed for up to 255 crab pots.

5. 47 bushels, or 15 barrels and 2 bushels, of crabs if licensed for up to 425 crab pots.

C. From November 16, 2016 1, 2017, through December 20, 2016 November 30, 2017, and March 1, 2017 17, 2018, through March 31, 2017 2018, any Commercial Fisherman Registration Licensee legally licensed for any crab pot license, as described in 4VAC20-270-50 B, shall be limited to the following maximum daily harvest and possession limits for any of the following crab pot license categories:

1. 8 bushels, or 2 barrels and 2 bushels, of crabs if licensed for up to 85 crab pots.

2. 10 bushels, or 3 barrels and 1 bushel, of crabs if licensed for up to 127 crab pots.

3. 13 bushels, or 4 barrels and 1 bushel, of crabs if licensed for up to 170 crab pots.

4. 21 bushels, or 7 barrels, of crabs if licensed for up to 255 crab pots.

5. 27 bushels, or 9 barrels, of crabs if licensed for up to 425 crab pots.

D. When a single harvester or multiple harvesters are on board any vessel, that vessel's daily harvest and possession limit shall be equal to only one daily harvest and possession limit, as described in subsections B and C of this section, and that daily limit shall correspond to the highest harvest and possession limit of only one licensee on board that vessel.

E. When transporting or selling one or more legal crab pot licensee's crab harvest in bushels or barrels, any agent shall possess either the crab pot license of that one or more crab pot licensees or a bill of lading indicating each crab pot licensee's name, address, Commercial Fisherman Registration License number, date, and amount of bushels or barrels of crabs to be sold.

F. If any police officer finds crabs in excess of any lawful daily bushel, barrel, or vessel limit, as described in this section, that excess quantity of crabs shall be returned immediately to the water by the licensee or licensees who possess that excess over lawful daily harvest or possession limit. The refusal to return crabs, in excess of any lawful daily harvest or possession limit, to the water shall constitute a separate violation of this chapter.

G. When any person on board any boat or vessel possesses a crab pot license, it shall be unlawful for that person or any other person aboard that boat or vessel to possess a seafood buyers boat license and buy any crabs on any day.

4VAC20-270-55. Minimum size limits.

A. From March 1 17 through July 15, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3-1/4 inches across the shell from tip to tip of the longest spikes. From July 16 through December 20 November 30, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that measure less than 3-1/2 inches across the shell from tip to tip of the longest spikes, except as described in subsections B and C of this section.

B. From July 16 through December 20 November 30, it shall be unlawful for any person to harvest, possess, sell, or offer for sale more than 10 peeler crabs, per United States standard bushel, or 5.0% of peeler crabs in any other container, that are harvested from waters on the ocean side of Accomack and Northampton Counties and measure less than 3-1/4 inches across the shell from tip to tip of the longest spikes, except as described in subsection C of this section.

C. In the enforcement of these peeler crab minimum size limits aboard a vessel, the marine police officer shall select a single container of peeler crabs of his choosing to determine if the contents of that container violate the minimum size and tolerance described in this section. If the officer determines the contents of the container are in violation, then the officer shall return all peeler crabs on board the vessel to the water alive.

D. It shall be unlawful for any person to take, catch, harvest, possess, sell or offer for sale, or to destroy in any manner, any soft crab that measures less than 3-1/2 inches across the shell from tip to tip of the longest spikes.

VA.R. Doc. No. R17-5190; Filed July 27, 2017, 8:56 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-490. Pertaining to Sharks (amending 4VAC20-490-42, 4VAC20-490-46).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: July 31, 2017.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments reduce the commercial spiny dogfish landings quota and streamline the buyer reporting process.

4VAC20-490-42. Spiny dogfish commercial quota and catch limitations.

A. For the 12-month period of From May 1, 2016, of the current calendar year through April 30, 2017 of the following calendar year, the spiny dogfish commercial spiny dogfish landings quota shall be limited to 4,356,944 4,220,814 pounds.

B. It shall be unlawful for any person to take, harvest, or possess aboard any vessel or to land in Virginia any spiny dogfish harvested from federal waters for commercial purposes after it has been announced that the federal quota for spiny dogfish has been taken.

C. It shall be unlawful for any person to take, harvest, or possess aboard any vessel or to land in Virginia more than 5,250 pounds of spiny dogfish per day for commercial purposes. However, if landings are less than 80% of the quota specified in subsection A of this section, by February 15, 2017, it shall be unlawful to take, harvest, or possess aboard any vessel or to land in Virginia more than 6,000 pounds of spiny dogfish per day for commercial purposes.

D. It shall be unlawful for any person to harvest or to land in Virginia any spiny dogfish for commercial purposes after the quota specified in subsection A of this section has been landed and announced as such.

E. Any spiny dogfish harvested from state waters or federal waters, for commercial purposes, shall only be sold to a federally permitted dealer.

F. It shall be unlawful for any buyer of seafood to receive any spiny dogfish after any commercial harvest or landing quota described in this section has been attained and announced as such.

4VAC20-490-46. Spiny dogfish monitoring requirements.

A. Any Virginia seafood buyer purchasing spiny dogfish shall provide written reports to the Marine Resources Commission of weekly landings for each registered commercial fisherman to include that commercial fisherman's registration license number and exact weight of the spiny dogfish landed, in pounds, until it is projected and announced that 80% of Virginia spiny dogfish quota has been landed.

B. When it has been projected and announced by the Marine Resources Commission that 80% of the Virginia spiny dogfish quota has been landed, each Virginia seafood buyer shall call the Marine Resources Commission's interactive voice recording system on a daily basis to report the daily landings for each registered commercial fisherman to include the commercial fisherman's registration license number and exact weight of spiny dogfish landed received or purchased, in pounds, until it is projected and announced that the Virginia spiny dogfish quota has been landed and the fishery closed.

VA.R. Doc. No. R17-5189; Filed July 27, 2017, 8:58 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Withdrawal of Final Regulation

Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees (amending 4VAC20-1090-30).

Statutory Authority: § 28.2-201 of the Code of Virginia.

The Marine Resources Commission has WITHDRAWN the final regulatory action for 4VAC20-1090, Pertaining to Licensing Requirements and License Fees, which was published in 33:10 VA.R. 1004-1008 January 9, 2017, with an effective date of December 1, 2017. Therefore, the commercial license fees will not be increased on December 1, 2017.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

VA.R. Doc. No. R17-5006; Filed July 27, 2017, 2:25 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1140. Prohibition of Crab Dredging in Virginia Waters (amending 4VAC20-1140-20).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: August 1, 2017.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendment closes the crab dredge fishery season from December 1, 2017, through March 31, 2018.

4VAC20-1140-20. Crab dredging prohibited.

In accordance with the provisions of § 28.2-707 of the Code of Virginia, the crab dredging season of December 1, 2016 2017, through March 31, 2017 2018, is closed, and it shall be unlawful to use a dredge for catching crabs from the waters of the Commonwealth during that season.

VA.R. Doc. No. R17-5188; Filed July 27, 2017, 9:00 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation

Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1270. Pertaining to Atlantic Menhaden (amending 4VAC20-1270-30, 4VAC20-1270-50).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: August 1, 2017.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248 or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments increase Virginia's portion of the coastwide total allowable landings of menhaden and modify the nonpurse seine bait sector quota allocations.

4VAC20-1270-30. Total allowable landings for menhaden; allocation, accountability, and overages.

A. In accordance with Section § 28.2-400.2 of the Code of Virginia the total allowable commercial landings for menhaden in 2015 2017 and 2016 2018 in metric tons shall be equivalent to 349,873,884 372,443,990 pounds, and that total amount of allowable landings shall be allocated as quotas among three sectors of the menhaden fishery, as described below, pursuant to § 28.2-400.3 of the Code of Virginia. The purse seine menhaden reduction sector is allocated a quota of 315,036,445 335,359,214 pounds of allowable menhaden landings; the purse seine menhaden bait sector a 29,313,757 31,204,766 pound quota of allowable menhaden landings; and the nonpurse seine menhaden bait sector a 5,523,682 5,880,010 pound quota of allowable menhaden landings.

B. If the total allowable landings specified in subsection A of this section are exceeded in any year, the total allowable landings for the subsequent year will be reduced by the amount of the overage. Such overage shall be deducted from the sector of the menhaden fishery that exceeded the allocation specified in subsection A of this section.

4VAC20-1270-50. Nonpurse seine menhaden bait sector quota; allocation and bycatch provisions.

A. The commercial nonpurse seine bait sector's allocation shall be by gear type as follows:

1. Cast net:

2,123 2,261 pounds.

2. Dredge:

3,376 3,595 pounds.

3. Fyke net:

2,326 2,477 pounds.

4. Gill net:

1,673,219 1,781,986 pounds.

5. Hook and line:

258 pounds.

6. Pot:

2,270 pounds.

7. 5. Pound net:

3,753,222 3,997,201 pounds.

8. 6. Seine:

22,113 23,550 pounds.

9. 7. Trawl:

64,732 68,940 pounds.

10. Trot line:

43 pounds.

B. Pursuant to § 28.2-400.4 of the Code of Virginia, once the commissioner announces the date of closure for the nonpurse seine bait fishery, any person licensed in the nonpurse seine menhaden bait sector may possess and land up to 6,000 pounds of menhaden per day.

VA.R. Doc. No. R17-5225; Filed July 27, 2017, 8:50 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
BOARD OF JUVENILE JUSTICE
Final Regulation

Title of Regulation: 6VAC35-160. Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System (amending 6VAC35-160-10, 6VAC35-160-30 through 6VAC35-160-70, 6VAC35-160-90, 6VAC35-160-100 through 6VAC35-160-260, 6VAC35-160-280 through 6VAC35-160-360; repealing 6VAC35-160-390).

Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.

Effective Date: September 20, 2017.

Agency Contact: Janet P. Van Cuyk, Legislative and Research Manager, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 588-3879, FAX (804) 371-6490, or email janet.vancuyk@djj.virginia.gov.

Summary:

The amendments (i) require background checks for those individuals who will have access to juvenile record information; (ii) replace references to Department of Juvenile Justice data policies with references to the Information Technology Resource Management standards, which are the technology standards for all executive branch agencies of the Commonwealth; (iii) remove outdated terms and requirements; and (iv) clarify processes that were previously vague.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

Part I
General Provisions

6VAC35-160-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Access" means the ability directly to obtain information concerning an individual juvenile contained in manual or automated files.

"Commonwealth of Virginia Information Technology Resource Management Standards" or "COV ITRM Standards" means the information technology standards applicable to all [ Commonwealth ] executive branch agencies that manage, develop, purchase, and use information technology resources in the Commonwealth of Virginia.

"Data owner" means a Department of Juvenile Justice employee who is responsible for the policy and practice decisions regarding data as identified by COV ITRM Standard Security (SEC) [ 501-08 501–09.1 ].

"Department" means the Department of Juvenile Justice.

"Destroy" means to totally eliminate and eradicate by various methods, including, but not limited to, shredding, incinerating, or pulping.

"Dissemination" means any transfer of juvenile record information, whether orally, in writing, or by electronic means to any person other than an employee of a participating agency who has a right to the is authorized to receive the information under § 16.1-300 of the Code of Virginia and who is not barred from receiving the information by other applicable law.

"Expunge" means to destroy all records concerning an individual juvenile, or all personal identifying information related to an individual juvenile that is included in aggregated files and databases, in accordance with a court order or the Code of Virginia.

"Juvenile record information" means any information in the possession of a participating agency pertaining to the case of a juvenile who is or has been the subject of an action by an intake officer as provided by § 16.1-260 of the Code of Virginia, as well as to personal identifying information concerning such a juvenile in any database or other aggregated compilation of records. The term does not apply to statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.

"Need to know" means the principle that a user should access only the specific information necessary to perform a particular function in the exercise of his official duties. [ Once access to an application is authorized, the authorized data user is still obligated to assess the appropriateness of each specific access ] on a need-to-know basis [ only necessary to perform official job duties and responsibilities. ]

"Participating agency" means the Department of Juvenile Justice department, including state-operated court service units, or; any locally operated court service unit, secure juvenile detention home, center, or juvenile group home or emergency shelter; or any public agency, child welfare agency, private organization, facility, or person who is treating or providing services to a child pursuant to a contract with the department or pursuant to the Virginia Juvenile Community Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, that is approved by the department to have direct access to juvenile record information through the Virginia Juvenile Justice Information System VJJIS or any of its component or derivative information systems. The term "participating agency" does not include any court.

"Remote access" means a connection to the department's systems from a remote location other than a department facility.

"Telecommunication connection" means the infrastructure used to establish a remote access to department information technology systems.

"Virginia Juvenile Justice Information System (VJJIS)" or "VJJIS" means the equipment, facilities, agreements and procedures used to collect, process, preserve or disseminate juvenile record information in accordance with § 16.1-224 or § 16.1-300 of the Code of Virginia. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

"VJJIS functional administrator" means a Department of Juvenile Justice employee who is responsible for overseeing the operation of a specific component of the Virginia Juvenile Justice Information System. Such persons are sometimes referred to as "functional proponents" of particular information reporting systems. The functional administrator is not to be confused with the department's overall administrator of the VJJIS.

Part II
Participating Agencies in the Virginia Juvenile Justice Information System VJJIS

6VAC35-160-30. Designation as a participating agency.

A. The department, including its central administration, department-operated facilities, and state-operated court service units, is considered a single participating agency for purposes of this regulation.

B. Locally operated court services units, and secure juvenile detention homes and boot camps as defined in § 16.1-228 of the Code of Virginia centers shall be participating agencies in the Virginia Juvenile Justice Information System VJJIS.

C. Any other agency that is eligible to receive juvenile record information under § 16.1-300 of the Code of Virginia may apply to the department for status as a participating agency.

6VAC35-160-40. Signed memorandum of agreement and nondisclosure agreement required.

The department shall develop a written memorandum of agreement and a nondisclosure agreement with each other participating agency delineating the participating agency's access to and responsibility for information contained in the Virginia Juvenile Justice Information System VJJIS.

6VAC35-160-50. Data submissions.

A. All participating agencies shall submit data and other information as required by department policy procedures to ensure that juvenile record information is complete, accurate, current, and consistent.

B. Administrators of participating agencies are responsible for ensuring that entries into the juvenile justice information system VJJIS are accurate, timely, and in a form prescribed by the department.

C. All information entered into the Virginia Juvenile Justice Information System VJJIS shall become part of a juvenile's record and shall be subject to the confidentiality provisions of § 16.1-300 of the Code of Virginia.

6VAC35-160-60. Access provided to participating agencies.

A. In accordance with policies statutes, regulations, and procedures governing confidentiality of information and system security, the department may limit or expand the scope of access granted to participating agencies.

B. When individuals or participating agencies are providing treatment or rehabilitative services to a juvenile as part of an agreement with the department, their access to juvenile record information shall be limited to that portion of the information that is relevant to the provision of the treatment or service. Once access to an application is authorized, the authorized data user is still obligated to assess the appropriateness of each specific access on a need-to-know basis.

C. An individual's juvenile record information shall be made available only to participating agencies currently supervising or providing services to the juvenile, and only upon presentation of the unique identifying number assigned to the juvenile. Once access to an application is authorized, the authorized data user [ is still remains ] obligated to assess the appropriateness of each specific access on a need-to-know basis.

6VAC35-160-70. Designation of authorized individuals.

A. Each participating agency shall determine what positions in the agency require regular access to juvenile record information as part of their job responsibilities and as documented in the employee work profile.

B. In accordance with applicable law and regulations, the The department may shall require a background check of any individual who will be given access to the VJJIS system through any participating agency. The department may deny access to any person based on the results of such background investigation or due to the person's violation of the provisions of these regulations this chapter or other security requirements established for the collection, storage, or dissemination of juvenile record information.

C. Only authorized employees individuals shall have direct access to juvenile record information.

D. Use of juvenile record information by an unauthorized employee individual, or for a purpose or activity other than one for which the person is authorized to receive juvenile record information, will shall be considered an unauthorized dissemination.

E. Persons who are given access to juvenile record information shall be required to sign an agreement information security agreement in accordance with department procedure stating that they will use and disseminate the information only in compliance with law and these regulations, this chapter and that they understand that there are criminal and civil penalties for unauthorized dissemination.

6VAC35-160-90. Security of physical records.

A. A participating agency that possesses physical records or files containing juvenile record information shall institute procedures to ensure the physical security of such juvenile record information from unauthorized access, disclosure, dissemination, theft, sabotage, fire, flood, wind, or other natural or man-made disasters.

B. Only authorized persons who are clearly identified shall have access to areas where juvenile record information is collected, stored, processed, or disseminated. Locks, guards, or other appropriate means shall be used to control access.

6VAC35-160-100. Requirements when records are automated.

Participating agencies having automated juvenile record information files shall:

1. Designate a system administrator data owner to maintain and control authorized user accounts, system management, and the implementation of security measures;

2. Maintain "backup" copies of juvenile record information, preferably off-site;

3. Develop a disaster recovery plan, which shall be available for inspection and review by the department;

4. Carefully control system specifications and documentation to prevent unauthorized access and dissemination 2. Develop and implement a logical access procedure to prevent unauthorized access and dissemination; and

5. 3. Develop procedures for discarding old computers to ensure that information contained on those computers is not available to unauthorized persons. All data must be completely erased or otherwise made unreadable in accordance with COV ITRM Standard SEC 514–04, Removal of Commonwealth Data from Electronic Media Standard [ or any successor COV ITRM standard that addresses the removal of Commonwealth data from electronic media ].

6VAC35-160-110. Access controls for computer security.

A. Where juvenile record information is computerized, logical access controls shall be [ put in place implemented ] to ensure that records can be queried, updated, or destroyed only from approved system user accounts. Industry standard levels of encryption shall be required to protect all confidential juvenile record information moving through any network.

B. The logical access controls described in subsection A of this section shall be known only to the employees of the participating agency who are responsible for control of the juvenile record information system or to individuals and agencies operating under a specific agreement with the participating agency to provide such security programs. The access controls shall be kept under maximum security conditions secure.

C. Computer operations, whether dedicated or shared, that support juvenile record information shall operate in accordance with procedures developed or approved by the department.

D. Juvenile record information shall be stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion except via an approved system user account.

6VAC35-160-130. Security of telecommunications.

A. Ordinarily, dedicated telecommunications lines shall be required for direct or remote access to computer systems containing juvenile record information. However, the The department may permit the use of a nondedicated means of data transmission to access juvenile record information when there are adequate and verifiable safeguards in place to restrict access to juvenile record information to authorized persons. Industry standard levels of encryption shall be required to protect all juvenile record information moving through any network.

B. Where remote access of juvenile record information is permitted, remote access devices must be secure. Remote access devices capable of receiving or transmitting juvenile record information shall be secured during periods of operation. When the remote access device is unattended, the device shall be made inoperable for purposes of accessing juvenile record information by implementing a screen saver lockout period after a maximum of 15 minutes of inactivity for devices as required by COV ITRM Standards SEC [ 501-09 or any successor COV ITRM Standard that addresses information security 501–09.1 ]. In addition, appropriate identification of the remote access device operator shall be required.

C. Telecommunications facilities The telecommunications connection used in connection with the remote access device shall also be secured. The telecommunications facilities Telecommunication connections shall be reasonably protected from possible tampering or tapping.

6VAC35-160-150. Correcting errors.

Participating agencies shall immediately notify the appropriate VJJIS functional administrator data owner [ when it is found upon discovering ] that incorrect information has been entered into the juvenile justice information system VJJIS. The VJJIS functional administrator data owner [ will shall ] make arrangements to correct the information as soon as practicable in accordance with department procedures.

6VAC35-160-170. Information to be disseminated only in accordance with law applicable statutes and regulation regulations.

A. In accordance with § 16.1-223 of the Code of Virginia, data stored in the Virginia Juvenile Justice Information System VJJIS shall be confidential. Information from such data that identifies an individual juvenile may be released only in accordance with § 16.1-300 of the Code of Virginia, applicable federal law, and this regulation chapter.

B. Unauthorized dissemination of juvenile record information will result in subject the disseminator's being subject disseminator to the administrative sanctions described in 6VAC35-160-380. Unlawful dissemination also may be prosecuted as a Class 3 misdemeanor under § 16.1-309 of the Code of Virginia or as a Class 2 misdemeanor under § 16.1-225 of the Code of Virginia.

C. Additional disclosure limitations are provided in the Health Insurance Portability and Accountability Act (42 USC §§ 1320d-5 and 1320d-6) and the federal substance abuse law (42 USC § 290dd2(f)).

6VAC35-160-180. Fees.

Participating agencies may charge a reasonable fee for search and copying time expended when an individual or a nonparticipating agency requests juvenile record information. The participating agency shall inform the requester of the fees to be charged, and shall obtain written agreement from the requester to pay such costs prior to initiating the search for requested information. Any release shall be in accordance with applicable statutes and regulations.

6VAC35-160-210. Determining requestor's eligibility to receive the information.

A. Upon receipt of a request for juvenile record information, an appropriately designated person shall determine whether the requesting agency or individual is eligible to receive juvenile record information as provided in § 16.1-300 of the Code of Virginia, federal law, and this regulation chapter.

B. The determination as to whether a person, agency or institution has a "legitimate interest" in a juvenile's case shall be based on the criteria specified in subdivision A 7 of § 16.1-300 A 7 of the Code of Virginia.

C. When there is a request to disseminate health records or substance abuse treatment records, the person responding to the request shall determine whether the requested information is protected by the Health Insurance Portability and Accountability Act of 1996 or by the federal law on substance abuse treatment records (42 USC § 290dd-2 and 42 CFR Part 2), and may consult with designated department personnel in making this determination. Health records and substance abuse treatment records shall be disseminated only in strict compliance with the applicable federal statutory requirements, the Code of Virginia, and this chapter.

6VAC35-160-220. Responding to requests.

A. Once it is determined that a requestor is entitled to juvenile record information, a designated individual shall inform the requestor of the procedures for reviewing the juvenile record information, including the general restrictions on the use of the data, when the record will be available, and any costs that may be involved.

B. When the request for juvenile record information is made by an individual's parent, guardian, legal custodian or other person standing in loco parentis, the request shall be referred to designated personnel of the department. (See 6VAC35-160-230.)

C. Before beginning the search for the requested juvenile record information, a designated individual shall inform the requester of any fees that will be charged pursuant to 6VAC35-160-180 and shall obtain the consent of the requester to pay any charges associated with providing the requested information.

D. C. All records containing sensitive data (e.g., name, date of birth, social security number, or address) shall be encrypted prior to electronic dissemination. Except as provided in subsection B of this section, requested records shall be provided as soon as practicable, but in any case within seven 10 business days unless compliance with other applicable regulations requires a longer response time.

E. D. If the request for information is made to a participating agency and the participating agency does not have access to the particular information requested, the requestor shall be so notified and shall be told how to request the information from the appropriate source, if known.

F. E. Personnel of the participating agency shall provide reasonable assistance to the individual or his attorney to help understand the record.

G. F. The person releasing the record shall also inform the individual of his right to challenge the record as provided in 6VAC35-160-280.

H. G. If no record can be found, a statement shall be furnished to this effect.

6VAC35-160-260. Reporting unauthorized disseminations.

A. Participating agencies shall notify the department when they observe any violations of the above dissemination regulations contained in this part. The department will shall investigate and respond to the violation as provided in law and this chapter.

B. A participating agency that knowingly fails to report a violation may be subject to an immediate audit of its entire dissemination log and procedures to ensure that disseminations are being appropriately managed.

Part IV
Challenge To to and Correction of Juvenile Record Information

6VAC35-160-280. Challenge.

A. Individuals, or persons acting on an individual's behalf as provided for by law, may challenge their own juvenile record information by completing documentation provided by the department and forwarding it to the functional proponent data owner who is responsible for the applicable component of the the Virginia Juvenile Justice Information System VJJIS as prescribed in department procedures.

B. When a record that is maintained by the VJJIS is challenged, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." The individual shall be given an opportunity to make provide a brief written statement describing how the information contained in the record is alleged to be inaccurate. When a challenged record is disseminated while under challenge, the record shall carry both the flagged message and the individual's statement, if one has been provided.

C. The VJJIS functional administrator data owner or designee shall examine the individual's record to determine if a data entry error was made. If a data entry error is not obvious, the VJJIS functional administrator data owner shall send a copy of the challenge form and any relevant information to all agencies that could have originated the information under challenge, and shall ask them to examine their files to determine the validity of the challenge.

D. The participating agencies shall examine their source data, the contents of the challenge, and information supplied by the VJJIS for any discrepancies or errors, and shall advise the VJJIS functional administrator data owner of the results of the examination.

E. If a modification of a VJJIS record is required, the VJJIS functional administrator data owner shall ensure that the required change is made and shall notify all participating agencies that were asked to examine their records in connection with the challenge.

F. Participating agencies that, pursuant to 6VAC35-160-220, have disseminated an erroneous or incomplete record shall in turn notify all entities that have received the erroneous juvenile record information as recorded on the agency's dissemination log.

G. The participating agency that received the challenge shall notify the individual or person acting on the individual's behalf of the results of the challenge and the right to request an administrative review and appeal those results.

6VAC35-160-290. Administrative review of challenge results.

A. If not satisfied with the results of the challenge, the individual or those acting on his behalf may, within 30 calendar days, request in writing an administrative review of the challenge by the Director director of the Department of Juvenile Justice department.

B. Within 30 days of receiving the written request for the administrative review, the Director director of the Department of Juvenile Justice department, or a designee who is not the VJJIS functional administrator data owner who responded to the challenge, shall review the challenge, the findings of the review, and the action taken by the VJJIS functional administrator data owner. If the administrative review supports correction of the juvenile record information, the correction shall be made as prescribed above in [ this section 6VAC35-160-280 ].

6VAC35-160-300. Removal of a challenge designation.

When juvenile the challenge to the juvenile's record information is determined to be correct has been resolved, either as a result of a challenge or an administrative review of the challenge, the VJJIS functional administrator data owner shall notify the affected participating agencies to remove the challenge designation from their files.

Part V
Expungement

6VAC35-160-310. Expungement requirements.

When a court orders or law requires the expungement of an individual's juvenile records, all records and personal identifying information associated with the expungement order shall be destroyed in accordance with the court order or statutory requirement. Nonidentifying information may be kept in databases or other aggregated files for statistical purposes.

6VAC35-160-320. Notification to participating agencies.

The VJJIS functional administrator data owner shall notify all participating agencies to purge their records of any reference to the person whose record has been ordered expunged. The notification shall include a copy of the applicable court order, along with notice of the penalties imposed by law for disclosure of such personal identifying information (see § 16.1-309 of the Code of Virginia).

6VAC35-160-330. Procedures for expunging juvenile record information.

A. Paper versions of records that have been ordered expunged shall be destroyed by shredding, incinerating, pulping, or otherwise totally eradicating the record.

B. Computerized versions of records that have been ordered expunged shall be deleted from all databases and electronic files in such a way that the records cannot be accessed or recreated through ordinary use of any equipment or software that is part of the Virginia Juvenile Justice Information System VJJIS and in accordance with the ITRM SEC [ 514-03 514–04 ] Removal of [ Electronic Commonwealth ] Data from Electronic Media [ standard Standard ].

C. If personal identifying information concerning the subject individual is included in records that are not ordered expunged, the personal identifying information relating to the individual whose records have been ordered expunged shall be obliterated on the original, or a new document shall be created eliminating the personal identifying references to the individual whose record has been ordered expunged.

6VAC35-160-340. Confirmation notice required to VJJIS functional administrator data owner.

Within 30 calendar days of receiving expungement instructions from the VJJIS functional administrator data owner, the participating agency shall expunge the juvenile record information in accordance with 6VAC35-160-330 and shall notify the VJJIS functional administrator data owner when the records have been expunged. The notification to the VJJIS functional administrator data owner shall indicate that juvenile records were expunged in accordance with court order and shall not identify the juvenile whose records where were expunged.

6VAC35-160-350. Expungement order received directly by participating agency.

When a participating agency receives an expungement order directly from a court, the participating agency shall promptly comply with the expungement order in accordance with 6VAC35-160-330 and shall notify the VJJIS functional administrator data owner of the court-ordered expungement. The VJJIS functional administrator shall data owner, upon receipt of such notification, obtain a copy of the order from the appropriate court shall contact the appropriate court and determine the validity of the notification, as applicable.

Part VI
Disposition of Records in the [ Virginia Juvenile Justice Information System VJJIS ]

6VAC35-160-355. Record retention.

All records in the Virginia Juvenile Justice Information System VJJIS shall be retained and disposed of in accordance with the applicable records retention schedules approved by the Library of Virginia. When a participating agency or a unit of a participating agency disposes of records in the physical possession of the participating agency or the unit of a participating agency, the person who disposes of such records shall notify the VJJIS functional administrator data owner to remove that same information from VJJIS.

Part VII
Enforcement

6VAC35-160-360. Oversight by the Department of Juvenile Justice department.

A. The Department of Juvenile Justice department shall have the responsibility for monitoring compliance with this chapter and for taking enforcement action as provided in this chapter or by law applicable state and federal statutes and regulations.

B. The department shall have the right to audit, monitor, and inspect any facilities, equipment, software, systems, or procedures established pursuant to required by this chapter.

6VAC35-160-390. Annual report to the board. (Repealed.)

The department shall annually report to the board on the status of the Juvenile Justice Information System, including a summary of (i) any known security breaches and corrective actions taken; (ii) any audits conducted, whether random or for cause; and (iii) any challenges received alleging erroneous information and the outcome of any investigation in response to such a challenge.

[ DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-160)

Information Technology Resource Management Standard - Removal of Commonwealth Data from Electronic Media Standard, 514–04, Virginia Information Technologies Agency (rev. 12/2015)

Commonwealth of Virginia Information Technology Resource Management Standard, Information Security Standard, 501–09.1, Virginia Information Technologies Agency (rev. 12/2016) ]

VA.R. Doc. No. R16-4311; Filed July 24, 2017, 7:17 a.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Fast-Track Regulation

Title of Regulation: 8VAC20-671. Regulations Governing the Operation of Private Schools for Students with Disabilities (amending 8VAC20-671-710).

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: September 20, 2017.

Effective Date: October 5, 2017.

Agency Contact: John Eisenberg, Special Education and Student Services, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 786-8079, or email john.eisenberg@doe.virginia.gov.

Basis: Chapter 387 of the 2015 Acts of Assembly amends §§ 8.01-225, 54.1-3408, and 22.1-321.1 of the Code of Virginia, relating to the possession and administration of epinephrine in private schools for students with disabilities. Specifically, § 22.1-321.1 requires that the Board of Education promulgate regulations for the possession and administration of epinephrine in every school for students with disabilities, to be administered by any employee of the school who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction.

Purpose: The amendments to 8VAC20-671-710 conform the regulations to the provisions of Chapter 387 of the 2015 Acts of Assembly. Without amending 8VAC20-671-710 to include requirements related to the possession and use of epinephrine, students who are believed to be having an anaphylactic reaction could be put at significant risk of a serious medical condition or potentially death. The amended regulation will provide the administrators of private schools for students with disabilities with much needed and requested provisions related to the possession and use of epinephrine.

Rationale for Using Fast-Track Rulemaking Process: Use of the fast-track rulemaking process for the amendments to 8VAC20-671-710 is appropriate because (i) the Board of Education does not foresee a significant human resource or fiscal impact on the private school facilities; (ii) there is no fiscal impact on the Commonwealth; and (iii) these amendments are long awaited by the private school community and its accrediting agencies, primarily the Virginia Council for Private Education and the Virginia Association of Independent Specialized Education Facilities.

Substance: The amendments to 8VAC20-671-710 address the requirements for procurement, storage, and use of epinephrine and also address the training requirements for staff and the required reporting activities when epinephrine is administered to a student enrolled in a private school licensed by the Virginia Department of Education.

Issues: An advantage for the public is that parents of children who are enrolled in such private schools will have access to the required expectations when a child experiences an anaphylactic episode at school or during a school sponsored activity off of school grounds and how care will be provided by trained personnel in accordance with established guidelines and protocols. An advantage for the Virginia Department of Education and the Commonwealth of Virginia is that there will be a defined protocol for monitoring and enforcing what were already established in guidelines but are now incorporated by reference into law. There are no foreseen disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapter 387 of the 2015 Acts of Assembly, the Board of Education (Board) proposes to establish requirements for the possession and administration of epinephrine in private schools for students with disabilities. Epinephrine is used to treat persons believed to be having an anaphylactic reaction.

Result of Analysis. The benefits likely exceed the costs.

Estimated Economic Impact. Anaphylaxis is a severe, potentially life-threatening allergic reaction. It can occur within seconds or minutes of exposure to something you're allergic to, such as peanuts or bee stings. Anaphylaxis causes your immune system to release a flood of chemicals that can cause you to go into shock — your blood pressure drops suddenly and your airways narrow, blocking breathing. Signs and symptoms include a rapid, weak pulse; a skin rash; and nausea and vomiting. Common triggers include certain foods, some medications, insect venom and latex. Anaphylaxis requires an injection of epinephrine. If anaphylaxis isn't treated right away with epinephrine, it can be fatal.1

The Board proposes to require that each school has: 1) on campus at least two auto-injectable epinephrine units for both dosage sizes, 0.3 mg (for students weighing more than 66 pounds) and 0.15 mg (for students who weigh 33 to 66 pounds), 2) a written policy consistent with the Department of Education's (DOE) Guidelines for Recognition and Treatment of Anaphylaxis in the School Setting for its procedures to address students with severe allergies who may be at risk of an anaphylactic reaction necessitating the use of an epinephrine auto-injector, 3) for students with known life threatening allergies, "student specific" written instructions from the student's health care provider for handling anaphylaxis and all necessary medications, and 4) a standing order (from an authorized medical provider) to prescribe "non-student specific" epinephrine for students within the school who do not presently have a health care plan addressing the administration of epinephrine. Additionally, the Board proposes to specify documentation and storage requirements, as well as procedures once epinephrine is administered. Finally, the Board proposes to require that at least two school employees in addition to the school nurse are trained in the administration of epinephrine by auto-injector.

As of May 10, 2017, generic auto-injectable epinephrine units were listed at a cost of $109.99 for a two-pack on CVS's website.2 Thus requiring that each school has at least two auto-injectable epinephrine units for both dosage sizes would cost about $220. The auto-injectable epinephrine units are expected to last at least 12 months before expiry.3 Thereafter, the replacement costs for used and expired auto-injectors is projected to be at about the same rate. DOE's Guidelines for Recognition and Treatment of Anaphylaxis in the School Setting provides the information needed for schools to produce a written policy related to its procedures to address students with severe allergies who may be at risk of an anaphylactic reaction necessitating the use of an epinephrine auto-injector. The annual administrative costs for recordkeeping and other administrative costs required for compliance is projected at $240 (1hr per month at $20 per hour).4 Thus most years, obtaining and maintaining the required auto-injectable epinephrine units and the associated procedures would likely cost less than $500.

Given the not insignificant chance that the presence of auto-injectable epinephrine and staff who know how to properly administer it could save the life of a child at the school, the benefits of the proposed amendments likely exceed the costs (less than $500 annually most years).

Businesses and Entities Affected. The proposed amendments affect the 136 licensed private schools for students with disabilities in the Commonwealth.5 Most would likely qualify as small businesses.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendments are unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendments do not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendments increase costs for small private schools for students with disabilities.

Alternative Method that Minimizes Adverse Impact. There is no apparent alternative that would reduce costs while meeting the intended policy goal of increasing the likelihood that children at private schools for students with disabilities who go into anaphylactic shock survive.

Adverse Impacts:

Businesses. The proposed amendments increase costs for private schools for students with disabilities.

Localities. The proposed amendments do not adversely affect localities.

Other Entities. The proposed amendments do not adversely affect other entities.

_____________________________

1 Source: Mayo Clinic http://www.mayoclinic.org/diseases-conditions/anaphylaxis/home/ovc-20307210

2 See https://www.cvs.com/content/epipen-alternative

3 See http://www.epipen.ca/en/about-epipen/frequently-asked-questions

4 Source: Department of Education

5 Ibid

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

Pursuant to Chapter 387 of the 2015 Acts of Assembly, the amendments establish requirements for the possession and administration of epinephrine in private schools for students with disabilities.

8VAC20-671-710. Medication and health.

A. Each student shall have on file evidence of a comprehensive physical examination prescribed by the State Health Commissioner from a qualified licensed (i) physician, (ii) nurse practitioner, or (iii) physician assistant acting under the supervision of a licensed physician. The examination must contain, at a minimum, information required on the Commonwealth of Virginia School Entrance Health Form.

B. Each student shall have an up-to-date certificate of immunization.

C. Any student or staff with a medical condition that is contagious or infectious shall take leave from school while in that condition unless attendance is approved by a qualified health care provider. Conditions meeting this requirement must be provided in the parent/student handbook or other print materials.

D. A first aid kit shall be maintained and readily accessible for minor injuries and medical emergencies in each building used for instruction or other school activity.

E. Each private school for students with disabilities shall develop a written policy related to its procedures to address students with severe allergies who may be at risk of an anaphylactic reaction necessitating the use of an epinephrine auto-injector. The policy shall address, but is not limited to (i) an overview of anaphylaxis and its symptoms; (ii) staff training in the possession and administration of epinephrine auto-injectors; (iii) standing orders; (iv) responding to anaphylaxis; (v) post administration of epinephrine actions; and (vi) storage, access, and maintenance. School administrators shall ensure that the school's policy is consistent with the Recognition and Treatment of Anaphylaxis in the School Setting guidelines dated June 28, 2012 that are published on the Virginia Department of Education's website.

F. Each private school for students with disabilities shall ensure that it has at least two auto-injectable epinephrine units in both dosage sizes, 0.3 mg for a student who weighs more than 66 pounds and 0.15 mg for a student who weighs 33 to 66 pounds, on school premises, to be administered by any employee of a school for students with disabilities licensed by the Board of Education who is authorized by a prescriber and trained in the administration of epinephrine to any student believed to be having an anaphylactic reaction. Stock epinephrine is intended for use on school premises and should not be carried offsite. Additional epinephrine should be made available along with arrangements for administration during field trips and other official offsite school activities.

E. G. Procurement and acceptance of medication.

1. All medications shall be accepted only in the original container with written permission signed and dated by the parent to administer to the child.

2. The use of all prescriptive medication must be authorized in writing by a licensed prescriber.

3. For students enrolled in private schools for students with disabilities with known life threatening allergies or anaphylaxis the school administrator shall obtain on an annual basis, through the student's parent or legal guardian, "student specific" written instructions from the student's health care provider for handling anaphylaxis and all necessary medications for implementing the student specific order.

4. The private school for students with disabilities administrator shall designate an authorized medical provider with prescriptive authority, such as a medical doctor, doctor of osteopathy, physician assistant, or nurse practitioner, and obtain a standing order to prescribe "non-student specific" epinephrine for students within the school who do not presently have a health care plan addressing the administration of epinephrine, to be administered to any student believed to be having an anaphylactic reaction.

5. School administrators shall coordinate with, among other resources as they deem appropriate, placing school divisions, local health department directors, local practitioners, and the Virginia Chapter of the American Academy of Pediatrics to assist them in obtaining the required standing orders for treatment of anaphylaxis and prescriptions to order auto-injectable epinephrine.

6. Standing orders and prescriptions shall be renewed annually and with any change in prescriber.

H. The expiration date of epinephrine solutions shall be checked periodically but not less than monthly. The auto-injector unit should be replaced if it is approaching its expiration date. The contents should be inspected through the clear window of the auto-injector. The solution should be clear; if it is discolored or contains solid particles, discard and replace the unit. Used, expired, or epinephrine auto-injectors with discolored solution or solid particles shall not be used and shall be discarded in a sharps container. The school shall maintain a sufficient number of extra doses of epinephrine for replacement of used or expired school stock on the day it is used or discarded. Each school shall maintain documentation that its stock of epinephrine has been checked on a monthly basis to ensure proper storage, review of expiration dates, medication stability, and replacement upon use or disposal under the criteria in this subsection.

F. I. All medication and medical paraphernalia, with the exception of epinephrine auto-injectors, shall be properly labeled and securely locked or stored in accordance with the Virginia School Health Guidelines. Epinephrine auto-injectors must be stored in a safe, unlocked, and accessible location in a dark place at room temperature (between 59°F - 86°F). Epinephrine cannot be stored in a refrigerator. Although epinephrine should not be maintained in a locked cabinet or behind locked doors, precautions must be in place to ensure that the epinephrine auto-injectors are not readily available to student access. The location of the epinephrine must be clearly marked at the storage location, and staff must be made aware of the storage location in each school.

G. J. An individual medication administration record shall be maintained for each medication a student receives and shall include student name, date the medication is to begin, drug name, schedule for administration, strength, route, identification of the individual who administered the medication, and dates the medication was discontinued or changed.

K. Once epinephrine is administered, local Emergency Medical Services (911) shall be activated and the student transported to the emergency room for follow-up care. In some reactions, the symptoms go away, only to return one to three hours later. This is called a "biphasic reaction." Often these second-phase symptoms occur in the respiratory tract and may be more severe than the first-phase symptoms. Therefore, follow-up care with a health care provider is necessary. The student will not be allowed to remain at school or return to school on the day epinephrine is administered. The administration of epinephrine shall be treated as a serious incident and shall be reported to the parent or legal guardian immediately using all means of contact provided by the parent (i.e., home, cell, or work telephone number, email, or text message), but no later than the end of the school day. The school administrator shall ensure that an appropriate serious incident form is completed by the end of the day on which the administration of epinephrine occurred. The incident report shall include the following information: (i) the date and time the incident occurred; (ii) the name of the staff who administered the epinephrine; (iii) a record of the attempts made (including date, time, and mode of communication, and name of employee making the attempt) to notify the parent of the use of epinephrine; (iv) summary of contact with parent; and (v) the name of the person who completed the incident report. The school administrator shall provide a copy of the incident report via email or facsimile to the department within 24 hours of completing the report.

H. L. The provider shall develop and implement written policies and procedures regarding:

1. Managing medication errors to include the following: administering first aid; contacting the poison control center; notifying the prescribing physician; taking action as directed; documenting the incident; reviewing medication errors and staff responses; and reporting errors to the parent and placing agency;

2. Handling adverse drug reactions;

3. Revising procedures as events may warrant;

4. Disposing of medication and medical supplies such as needles, syringes, lancets, etc.;

5. Storing of controlled substances;

6. Distributing medication off campus; and

7. Documenting medication refusal.

I. M. The telephone number of a regional poison control center and other emergency numbers shall be posted on or near the phone.

J. N. Medication training.

1. All staff responsible for medication administration shall have successfully completed medication training, including refresher training, in a program approved by the Board of Nursing or be licensed by the Commonwealth of Virginia to administer medication before they can administer medication.

2. The school administrator shall identify an appropriate number of staff, but not less than two employees, in addition to the school nurse, as appropriate, to be trained in the administration of epinephrine by auto-injector. Only trained personnel shall administer epinephrine to a student believed to be having an anaphylactic reaction. Training shall be conducted in accordance with the most current edition of the Virginia Department of Education's Manual for Training Public School Employees in the Administration of Medication or other approved training programs, such as, Medication Administration Training for Youth or Medication Administration Training. Training shall be conducted as often as needed to ensure adequate staff are trained, but not less than annually.

3. Training shall be provided to staff in medication procedures and effects and infection control measures, including the use of standard precautions.

3. 4. Staff certified in first aid and CPR shall be available at all times on the school grounds and during any school-sponsored activity.

4. 5. Documentation of medication training must be maintained in personnel files.

5. 6. Staff authorized to administer medication shall be informed of any known side effects of the medication and the symptoms of the effects.

K. O. Monitoring the supply of medications.

1. Upon receiving any medication, staff members handling medication shall count individual tablets and measure the level of liquid medicine in the presence of the parent(s) parent or another staff member and record the count on the medication log.

2. The medication log shall include the signature or initials of the staff member who counted the medication and the parent or staff who witnessed the occurrence. When initials are used, the medication administration record must contain the full name of the staff with corresponding initials for identification purposes.

3. Students shall be prohibited from transporting medication unless directed otherwise by the student's health care plan.

P. The requirements outlined in subsections F and K of this section related to the possession and administration of epinephrine extend to activities off the school premises. Therefore, school policies shall include specific protocols for responding to anaphylaxis in the school setting, both onsite and at offsite school events, such as field trips.

Q. In accordance with § 8.01-225 A 13 of the Code of Virginia, any person who is an employee of a school for students with disabilities, as defined in § 22.1-319 of the Code of Virginia and licensed by the Board of Education, who is authorized by a prescriber and trained in the administration of epinephrine and who administers or assists in the administration of epinephrine to a student believed in good faith to be having an anaphylactic reaction, or is the prescriber of the epinephrine, shall not be liable for any civil damages for ordinary negligence in acts or omission resulting from rendering of such treatment. Whenever any employee is covered by the immunity granted in § 8.01-225 A 13 of the Code of Virginia, the school shall not be liable for any civil damages for ordinary negligence in acts or omission resulting from such administration or assistance.

DOCUMENTS INCORPORATED BY REFERENCE (8VAC20-671)

Virginia School Health Guidelines - General Guidelines for Administering Medication in School (pages 253-256), May 1999, Virginia Department of Health

Dietary Guidelines for Americans 2010, 7th Edition, December 2010, U.S. Department of Agriculture and U.S. Department of Health and Human Services, Washington, D.C.: U.S. Government Printing Office, www.dietary guidelines.gov

Virginia School Health Guidelines - Recognition and Treatment of Anaphylaxis in the School Setting, dated June 28, 2012, Virginia Department of Health

VA.R. Doc. No. R17-4941; Filed July 31, 2017, 5:11 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Proposed Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action, forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-120. General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges from Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests (amending 9VAC25-120-10, 9VAC25-120-15, 9VAC25-120-20, 9VAC25-120-50 through 9VAC25-120-80).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Hearing Information:

September 28, 2017 - 3 p.m. - Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Room, Richmond, VA 23219

Public Comment Deadline: October 20, 2017.

Small Business Impact Review Report of Findings: This proposed regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Agency Contact: Matthew Richardson, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4195, FAX (804) 698-4032, or email matthew.richardson@deq.virginia.gov.

Summary:

This general permit contains effluent limitations, monitoring requirements, and special conditions for discharges of petroleum-contaminated wastewater, chlorinated hydrocarbon contaminated wastewater, and wastewater from hydrostatic tests. The proposed changes to the regulation make this general permit similar to other general permits issued recently and clarify and update permit limits and conditions.

Proposed substantive changes to the existing regulation include (i) including "associated distribution equipment" as components that can be hydrostatically tested under general permit coverage; (ii) requiring the permittee to notify a municipal separate storm sewer system (MS4) owner of the existence of the discharge at the time of registration under the general permit and to include a copy of that notification with the registration statement; (iii) clarifying that dewatering projects "shall be managed to control the volume and velocity of the discharge, including peak flow rates and total volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion"; (iv) requiring that hydrostatic discharge flows "be managed to control the volume and velocity of the discharge, including peak flow rates and total volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion"; and (v) clarifying that total residual chlorine data below the quantification level of 0.1 mg/L shall be reported as "<QL."

CHAPTER 120
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT REGULATION FOR DISCHARGES FROM PETROLEUM CONTAMINATED SITES, GROUNDWATER REMEDIATION, AND HYDROSTATIC TESTS

9VAC25-120-10. Definitions.

The words and terms used in this chapter shall have the meanings defined in the State Water Control Law and 9VAC25-31 (VPDES permit regulation) Permit Regulation) unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"Board" means the State Water Control Board.

"Central wastewater treatment facilities" means any facility that treats (for disposal, recycling, or recovery of materials) or recycles hazardous or nonhazardous waste, hazardous or nonhazardous industrial wastewater, or used material from offsite off-site. This includes both a facility that treats waste received from off-site exclusively, and a facility that treats waste generated on-site as well as waste received from off site off-site.

"Chlorinated hydrocarbon solvents" means solvents containing carbon, hydrogen, and chlorine atoms and the constituents resulting from the degradation of these chlorinated hydrocarbon solvents.

"Department" or "DEQ" means the Virginia Department of Environmental Quality.

"Director" means the Director of the Virginia Department of Environmental Quality, or an authorized representative.

"Petroleum products" means petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils. "Petroleum products" does not include hazardous waste as defined by the Virginia Hazardous Waste Management Regulations (9VAC20-60).

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-120-15. Applicability of incorporated references based on the dates that they became effective.

Except as noted, when a regulation of the U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations is referenced or adopted herein in this chapter and incorporated by reference, that regulation shall be as it exists and has been published as a final regulation in the Federal Register prior to July 1, 2012, with the effective date as published in the Federal Register notice or February 26, 2013, whichever is later as of July 1, 2017.

9VAC25-120-20. Purpose.

This general permit regulation governs the discharge of wastewaters from sites contaminated by petroleum products, chlorinated hydrocarbon solvents, the hydrostatic testing of petroleum and natural gas storage tanks and pipelines, the hydrostatic testing and dewatering of petroleum storage tank systems and associated distribution equipment, and the hydrostatic testing of water storage tanks and pipelines. These wastewaters may be discharged from the following activities: excavation dewatering, conducting aquifer tests to characterize site conditions, pumping contaminated groundwater to remove free product from the ground, discharges resulting from another petroleum product or chlorinated hydrocarbon solvent cleanup activity approved by the board, hydrostatic tests of natural gas and petroleum storage tanks or pipelines, hydrostatic tests and dewatering of underground and above ground storage tanks and associated distribution equipment, and hydrostatic tests of water storage tanks and tank systems or pipelines. Discharges not associated with petroleum-contaminated water, water contaminated by chlorinated hydrocarbon solvents, or hydrostatic tests are not covered under this general permit.

9VAC25-120-50. Effective date of the permit.

This general permit will become effective on February 26, 2013 2018. This general permit will expire on February 25, 2018 2023. This general permit is effective as to any covered owner upon compliance with all the provisions of 9VAC25-120-60.

9VAC25-120-60. Authorization to discharge.

A. Any owner governed by this general permit is hereby authorized to discharge to surface waters within the Commonwealth of Virginia provided that:

1. The owner submits a registration statement, if required to do so, in accordance with 9VAC25-120-70, and that registration statement is accepted by the board;

2. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-120-80; and

3. The board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.

B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B of the VPDES Permit Regulation;

2. The owner is proposing to discharge within five miles upstream of a public water supply intake or to state waters specifically named in other board regulations which prohibit such discharges;

3. The owner is proposing to discharge to surface waters where there are permitted central wastewater treatment facilities reasonably available, as determined by the board;

4. The discharge violates or would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30; or

5. The discharge is not consistent with the assumptions and requirements of an approved TMDL.

C. Compliance with this general permit constitutes compliance with the federal Clean Water Act, and the State Water Control Law, and applicable regulations under either with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.

D. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the petroleum contaminated sites, groundwater remediation, and hydrostatic tests general permit issued in 2008 2013 and that submits a complete registration statement on or before February 26, 2013 2018, is authorized to continue to discharge under the terms of the 2008 2013 general permit 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 eligible for coverage under this general permit.

2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit that has been continued;

b. Issue a notice of intent to deny coverage under the amended general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the continued general permit or be subject to enforcement action for discharging without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-120-70. Registration statement.

A. Any owner seeking coverage under this general permit who that is required to submit a registration statement shall submit a complete VPDES general permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for discharges from petroleum contaminated sites, ground water groundwater remediation, and hydrostatic tests.

B. Owners of the following types of proposed or existing discharges are not required to submit a registration statement to apply for coverage under this general permit:

1. Short term projects (14 consecutive calendar days or less in duration) including:

a. Emergency repairs;

b. Dewatering projects;

c. Utility work and repairs in areas of known contamination;

d. Tank placement or removal in areas of known contamination;

e. Pilot studies or pilot tests, including aquifer tests; and

f. New well construction discharges of groundwater;

2. Hydrostatic testing of petroleum and natural gas storage tanks and, pipelines, or distribution system components; and

3. Hydrostatic testing of water storage tanks and, pipelines, or distribution system components.

Owners of these types of discharges are authorized to discharge under this permit immediately upon the permit's effective date of February 26, 2013 2018.

Owners shall notify the department's regional office in writing within 14 days of the completion of the discharge. The notification shall include the owner's name and address, the type of discharge that occurred, the physical location of the discharge work, and the receiving stream. If the discharge is to a municipal separate storm sewer system (MS4), the owner shall also notify the MS4 owner within 14 days of the completion of the discharge.

Owners of these types of discharges are not required to submit a notice of termination of permit coverage at the completion of the discharge.

C. Deadlines for submitting registration statements.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 30 days prior to the date planned for commencing operation of the new discharge, unless exempted by subsection B of this section.

2. Existing facilities.

a. Any owner covered by an individual VPDES permit who is proposing to be covered by this general permit shall submit a complete registration statement at least 210 days prior to the expiration date of the individual VPDES permit.

b. Any owner that was authorized to discharge under the petroleum contaminated sites, ground water groundwater remediation, and hydrostatic tests general VPDES permit that became effective on February 26, 2008 2013, who that is not exempted under subsection B of this section and who intends to continue coverage under this general permit shall submit a complete registration statement to the board on or before January 27, 2013 2018.

D. Late registration statements. Registration statements will be accepted after February 26, 2013 2018, but authorization to discharge will not be retroactive. Owners described in subdivision C 2 b of this section that submit registration statements after January 27, 2013 2018, are authorized to discharge under the provisions of 9VAC25-120-60 D if a complete registration statement is submitted on or before February 26, 2013 2018.

E. The required registration statement shall contain the following information:

1. Legal name of facility Facility name and mailing address, owner name and mailing address, telephone number, and email address (if available);

2. Location of facility, address, telephone number, and email address (if available) Facility street address (if different from mailing address) or location (if the facility location does not have a mailing address);

3. Facility owner name, address, telephone number, and email address (if available) Facility operator (local contact) name, address, telephone number, and email address (if available) if different than owner;

4. Nature of business conducted at the facility;

5. Type of petroleum or natural gas products, or chlorinated hydrocarbon solvents causing or that caused the contamination;

6. Identification of activities that will result in a point source discharge from the contaminated site;

7. Whether a site characterization report for the site has been submitted to the Department of Environmental Quality;

8. Characterization or description of the wastewater or nature of contamination including all related analytical data;

9. The location of the discharge point and identification of the waterbody into which the discharge will occur. For linear projects, the location of all the proposed discharge points along the project length and the associated waterbody for each discharge point;

10. The frequency with which the discharge will occur (i.e., daily, monthly, continuously);

11. An estimate of how long each discharge will last;

12. An estimate of the total volume of wastewater to be discharged;

13. An estimate of the average and maximum flow rate of the discharge;

14. A diagram of the proposed wastewater treatment system identifying the individual treatment units;

15. A USGS 7.5 minute topographic map or equivalent computer generated map that indicates the receiving waterbody name or names, the discharge point or points, the property boundaries, as well as springs, other surface waterbodies, drinking water wells, and public water supplies that are identified in the public record or are otherwise known to the applicant within a 1/2 mile radius of the proposed discharge or discharges;

16. Whether the facility will discharge to a municipal separate storm sewer system (MS4). If so, the name of the MS4 owner. The owner of the facility shall notify the MS4 owner in writing of the existence of the discharge within 30 days of coverage under the general permit and shall copy the DEQ regional office with the notification. A determination of whether the facility will discharge to an MS4. If the facility discharges to an MS4, the facility owner must notify the owner of the MS4 of the existence of the discharge information at the time of registration under this permit and include that notification with the registration statement. The notification notice shall include the following information: the name of the facility, a contact person and phone telephone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number;

17. Whether central wastewater facilities are available to the site, and if so, whether the option of discharging to the central wastewater facility has been evaluated and the results of that evaluation;

18. Whether the facility currently has a any permit issued by the board, and if so, the permit number;

19. Any applicable pollution complaint number associated with the project;

20. A statement as to whether the material being treated or to be discharged is certified as a hazardous waste under the Virginia Hazardous Waste Regulation Management Regulations (9VAC20-60); and

21. The following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations. I do also hereby grant duly authorized agents of the Department of Environmental Quality, upon presentation of credentials, permission to enter the property for the purpose of determining the suitability of the general permit."

F. The registration statement shall be signed in accordance with 9VAC25-31-110.

G. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located.

9VAC25-120-80. General permit.

Any owner whose registration statement is accepted by the board, or who that is automatically authorized to discharge under this permit, shall comply with the requirements of the general permit and be subject to all requirements of 9VAC25-31-170 B of the VPDES permit regulation Permit Regulation. Not all pages of Part I A of the general permit will apply to every permittee. The determination of which pages provisions apply will be based on the type of contamination at the individual site and the nature of the waters receiving the discharge. Part I B and all pages of Part II apply to all permittees.

General Permit No.: VAG83
Effective Date: February 26, 2013 2018
Expiration Date: February 25, 2018 2023

GENERAL VPDES GENERAL PERMIT FOR DISCHARGES FROM PETROLEUM CONTAMINATED SITES, GROUNDWATER REMEDIATION, AND HYDROSTATIC TESTS

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT PROGRAM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, the State Water Control Law and regulations adopted pursuant thereto, the owner is authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except to designated public water supplies or waters specifically named in other board regulations which prohibit such discharges.

The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable to All VPDES Permits, as set forth herein in this general permit.

If there is any conflict between the requirements of a board approved cleanup plan and this permit, the requirements of this permit shall govern.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

1. SHORT TERM PROJECTS.

The following types of short term projects (14 consecutive calendar days or less in duration) are authorized under this permit:

a. Emergency repairs;

b. Dewatering projects(1). Dewatering projects shall be managed to control the volume and velocity of the discharge, including peak flow rates and total volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion;

c. Utility work and repairs in areas of known contamination;

d. Tank placement or removal in areas of known contamination;

e. Pilot studies or pilot tests, including aquifer tests; and

f. New well construction discharges of groundwater.

Effluent limits for short term projects correspond to the type of contamination at the project site and are given in Tables A 2 3 through A 5 below. The sampling frequency for these projects shall be once per project term discharge. Discharge monitoring reports for these projects are not required to be submitted to the department, but shall be retained by the owner for a period of at least three years from the completion date of the project.

Owners shall notify the department's regional office in writing within 14 days of the completion of the project discharge. The notification shall include the owner's name and address, the type of discharge that occurred, the physical location of the project work, and the receiving stream. If the discharge is to a municipal separate storm sewer system (MS4), the owner shall also notify the MS4 owner within 14 days of the completion of the discharge.

(1)Dewatering projects shall be managed to ensure that they are discharging to an adequate channel or pipe and do not cause erosion in the receiving stream.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

2. DISCHARGES OF HYDROSTATIC TEST
WATERS -- ALL RECEIVING WATERS.

During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS(2)

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (GPD)

NA

NL

1/discharge

Estimate

pH (standard units)

6.0

9.0

1/discharge

Grab

Total Petroleum Hydrocarbons (TPH, mg/l) (1)

NA

15.0

1/discharge

Grab

Total Organic Carbon (TOC, mg/l)

NA

NL

1/discharge

Grab

Total Residual Chlorine (TRC, mg/l)(3)

NA

0.011(3)

1/discharge

Grab

Total Suspended Solids (TSS)

NA

NL

1/discharge

Grab

NL = No limitation, monitoring required

NA = Not applicable

The equipment being tested shall be substantially free of debris, raw material, product, or other residual materials.

The discharge flow shall be managed to control the volume and velocity of the discharge, including peak flow rates and total volume, to minimize erosion at outlets, and to minimize downstream channel and stream bank erosion.

(1)TPH is the sum of individual gasoline range organics and diesel range organics or TPH-GRO and TPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for gasoline and diesel range organics, or by EPA SW 846 Methods 8260B (1996) and 8270D (2014).

(2)Discharge monitoring reports for hydrostatic test discharges are not required to be submitted to the department but shall be retained by the owner for a period of at least three years from the completion date of the hydrostatic test.

Owners shall notify the department's regional office in writing within 14 days of the completion of the hydrostatic test discharge. The notification shall include the owner's name and address, the type of hydrostatic test that occurred, the physical location of the test work, and the receiving stream.

(3)Total residual chlorine limitation of 0.011 mg/l and chlorine monitoring only apply to discharges of test water that have been chlorinated or come from a chlorinated water supply. All data below the quantification level (QL) of 0.1 mg/L shall be reported as "<QL."

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

2. 3. GASOLINE CONTAMINATION -- ALL RECEIVING WATERS.

During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall serial number XXXX xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (GPD)

NA

NL

(4)

Estimate

Benzene (μg/l)(1)

NA

12.0

(4)

Grab

Toluene (μg/l)(1)

NA

43.0

(4)

Grab

Ethylbenzene (μg/l)(1)

NA

4.3

(4)

Grab

Total Xylenes (μg/l)(1)

NA

33.0

(4)

Grab

MTBE (methyl tert-butyl ether) (μg/l)(1)

Freshwaters not listed as public water supplies and saltwater

NA

440.0

1/Month(4)

Grab

Freshwaters listed as public water supply

NA

15.0

2/Month(4)

Grab

pH (standard units)

6.0

9.0

(4)

Grab

Total Recoverable Lead (μg/l)(2)

Freshwaters not listed as public water supplies and saltwater

NA

e(1.273(ln hardness)) -3.259

(4)

Grab

Freshwaters listed as public water supply

NA

Lower of e(1.273(ln hardness)) -3.259 or 15

(4)

Grab

Hardness (mg/l CaCO3)(2)

NL

NA

(4)

Grab

Ethylene Dibromide (μg/l)(2)

Freshwaters not listed as public water supplies and saltwater

NA

1.9

1/Month(4)

Grab

Freshwaters listed as public water supply

NA

0.161

2/Month(4)

Grab

1,2 Dichloroethane (μg/l)(2)

NA

3.8

(4)

Grab

Ethanol (μg/l)(3)

NA

4100.0

(4)

Grab

NL = No limitation, monitoring required

NA = Not applicable

(1)Benzene, Toluene, Ethylbenzene, Total Xylenes and MTBE shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846 Method 8021B (1996) (2014).

(2)Monitoring for this parameter is required only when contamination results from leaded fuel. Lead shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136). The minimum hardness concentration that will be used to determine the lead effluent limit is 25 mg/l. 1,2 dichloroethane and ethylene dibromide (EDB) shall be analyzed by a current and appropriate EPA SW 846 Method or EPA Wastewater Method from 40 CFR Part 136. EDB in wastewaters discharged to public water supplies shall be analyzed using EPA SW 846 Method 8011 (1992) or EPA Drinking Water Method 504.1 (1995).

(3)Monitoring for ethanol is only required for discharges of water contaminated by gasoline containing greater than 10% ethanol. Ethanol shall be analyzed according to EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) or EPA SW 846 Method 8260B (1996).

(4)The monitoring frequency for discharges into freshwaters not listed as public water supplies and saltwater shall be once per month. If the first year 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency for ethanol be reduced from monthly to 1/quarter. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, monitoring frequency shall may be reduced to 1/quarter. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency for ethanol shall revert to 1/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date. Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January in each year of permit coverage.

The monitoring frequency for discharges into freshwaters listed as public water supplies shall be twice per month for all constituents or parameters. If the first year's 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency for ethanol be reduced to 1/quarter and the other parameters to 1/month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, the monitoring frequency for ethanol shall may be reduced to 1/quarter and the other parameters to1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date. Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January in each year of permit coverage.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

3. 4. CONTAMINATION BY PETROLEUM PRODUCTS OTHER THAN GASOLINE -- ALL RECEIVING WATERS.

During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (GPD)

NA

NL

(4)

Estimate

Naphthalene (μg/l)(1)

NA

8.9

(4)

Grab

Total Petroleum Hydrocarbons (mg/l)(2)

NA

15.0

(4)

Grab

pH (standard units)

6.0

9.0

(4)

Grab

Benzene (μg/l)(3)

NA

12.0

2/Month(4)

Grab

MTBE (methyl tert-butyl ether) (μg/l)(3)

NA

15.0

2/Month(4)

Grab

NL = No limitation, monitoring required

NA = Not applicable

(1)Naphthalene shall be analyzed by a current and appropriate EPA Wastewater Method from 40 CFR Part 136 or a current and appropriate EPA SW 846 Method.

(2)TPH shall be analyzed using EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for diesel range organics, or by EPA SW 846 Method 8270D (2007) (2014).

(3)Monitoring for benzene and MTBE is only required for discharges into freshwaters listed as public water supplies. Benzene and MTBE shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846 Method.

(4)The monitoring frequency for discharges into freshwaters not listed as public water supplies and saltwater shall be once per month.

The monitoring frequency for discharges into freshwaters listed as public water supplies shall be twice per month for all constituents or parameters. If the first year's 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency be reduced to once per month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, the monitoring frequency for ethanol shall may be reduced to 1/quarter or the other parameters to1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

4. DISCHARGES OF HYDROSTATIC TEST WATERS -- ALL RECEIVING WATERS.

During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: Outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS(2)

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (GPD)

NA

NL

1/discharge

Estimate

pH (standard units)

6.0

9.0

1/discharge

Grab

Total Petroleum Hydrocarbons (TPH, mg/l) (1)

NA

15.0

1/discharge

Grab

Total Organic Carbon (TOC, mg/l)

NA

NL

1/discharge

Grab

Total Residual Chlorine (TRC, mg/l) (3)

NA

0.011 (3)

1/discharge

Grab

Total Suspended Solids (TSS)

NA

NL

1/discharge

Grab

NL = No limitation, monitoring required

NA = Not applicable

The equipment being tested shall be substantially free of debris, raw material, product, or other residual materials.

The discharge flow shall be controlled in such a manner that prevents flooding, erosion, or excessive sediment influx into the receiving water body.

(1)TPH is the sum of individual gasoline range organics and diesel range organics or TPH-GRO and TPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for gasoline and diesel range organics, or by EPA SW 846 Methods 8260B (1996) and 8270D (2007). .

(2)Discharge monitoring reports for hydrostatic test discharges are not required to be submitted to the department, but shall be retained by the owner for a period of at least three years from the completion date of the hydrostatic test.

Owners shall notify the department's regional office in writing within 14 days of the completion of the hydrostatic test discharge. The notification shall include the owner's name and address, the type of hydrostatic test that occurred, the physical location of the test work, and the receiving stream.

(3)Total Residual Chlorine limitation of 0.011 mg/l and chlorine monitoring only apply to discharges of test water that have been chlorinated or come from a chlorinated water supply.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

5. CONTAMINATION BY CHLORINATED HYDROCARBON SOLVENTS -- ALL RECEIVING WATERS.

During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Instantaneous Minimum

Instantaneous Maximum

Frequency

Sample Type

Flow (GPD)

NA

NL

1/Month

Estimate

2/Month if public water supply(2)

Estimate

Chloroform (CAS # 67663), (μg/l)(1)

NA

80.0

1/Month

Grab

2/Month if public water supply(2)

Grab

1,1 Dichloroethane (CAS # 75343) (μg/l)(1)

NA

2.4

1/Month

Grab

2/Month if public water supply(2)

Grab

1,2 Dichloroethane (CAS # 107062) (μg/l)(1)

NA

3.8

1/Month

Grab

2/Month if public water supply(2)

Grab

1,1 Dichloroethylene (CAS # 75354) (μg/l)(1)

NA

7.0

1/Month

Grab

2/Month if public water supply(2)

Grab

cis-1,2 Dichloroethylene (CAS # 159592) (μg/l)(1)

NA

70.0

1/Month

Grab

2/Month if public water supply(2)

Grab

trans 1,2 Dichloroethylene (CAS # 156605) (μg/l)(1)

NA

100.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Methylene Chloride (CAS # 75092) (μg/l)(1)

NA

5.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Tetrachloroethylene (CAS #127184) (μg/l)(1)

NA

5.0

1/Month

Grab

2/Month if public water supply(2)

Grab

1,1,1 Trichloroethane (CAS # 71556) (μg/l)(1)

NA

54.0

1/Month

Grab

2/Month if public water supply(2)

Grab

1,1,2 Trichloroethane (CAS # 79005) (μg/l)(1)

NA

5.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Trichloroethylene (CAS # 79016) (μg/l)(1)

NA

5.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Vinyl Chloride (CAS # 75014) (μg/l)(1)

NA

2.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Carbon Tetrachloride (CAS # 56235) (μg/l)(1)

NA

2.3

1/Month

Grab

2/Month if public water supply(2)

Grab

1,2 Dichlorobenzene (CAS # 95501) (μg/l)(1)

NA

15.8

1/Month

Grab

2/Month if public water supply(2)

Grab

Chlorobenzene (CAS # 108907) (μg/l)(1)

NA

3.4

1/Month

Grab

2/Month if public water supply(2)

Grab

Trichlorofluoromethane (CAS #75694) (μg/l)(1)

NA

5.0

1/Month

Grab

2/Month if public water supply(2)

Grab

Chloroethane (CAS # 75003) (μg/l)(1)

NA

3.6

1/Month

Grab

2/Month if public water supply(2)

Grab

pH (standard units)

6.0

9.0

1/Month

Grab

2/Month if public water supply(2)

Grab


NL = No limitation, monitoring required

NA = Not applicable

(1)This constituent shall be analyzed by a current and appropriate gas chromatograph/mass spectroscopy method from EPA SW 846 or the EPA Wastewater Method series from 40 CFR Part 136.

(2)Monitoring frequency for discharges into surface waters listed as public water supplies shall be 2/month for the first year of permit coverage. If the first year 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency be reduced from 2/month to 1/month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, monitoring frequency shall may be reduced to 1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date.

Part I

B. Special conditions.

1. There shall be no discharge of floating solids or visible foam in other than trace amounts.

2. The permittee shall sample each permitted outfall each calendar month in which a discharge occurs. When no discharge occurs from an outfall during a calendar month, the discharge monitoring report for that outfall shall be submitted indicating "No Discharge."

3. O & M Manual Operation and maintenance (O&M) manual. If the permitted discharge is through a treatment works, within 30 days of coverage under this general permit, the permittee shall develop and maintain on site on-site, an Operations and Maintenance (O & M) Manual O&M manual for the treatment works permitted herein. This manual shall detail practices and procedures which that will be followed to ensure compliance with the requirements of this permit. The permittee shall operate the treatment works in accordance with the O & M Manual O&M manual. The manual shall be made available to the department upon request.

4. Operation schedule. The permittee shall construct, install and begin operating the treatment works described in the registration statement prior to discharging to surface waters. The permittee shall notify the department's regional office within five days after the completion of installation and commencement of operation.

5. Materials storage. Except as expressly authorized by this permit or another permit issued by the board, no product, materials, industrial wastes, or other wastes resulting from the purchase, sale, mining, extraction, transport, preparation, or storage of raw or intermediate materials, final product, by-product or wastes, shall be handled, disposed of, or stored so as to permit a discharge of such product, materials, industrial wastes, or other wastes to state waters.

6. If the permittee discharges to surface waters through a municipal separate storm sewer system an MS4, the permittee shall, within 30 days of coverage under this general permit, notify the owner of the municipal separate storm sewer system in writing of the existence of the discharge and provide the following information: the name of the facility, a contact person and phone telephone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number. A copy of such notification shall be provided to the department. Discharge Monitoring Reports (DMRs) required to be submitted under this permit shall be submitted to both the department and the owner of the municipal separate storm sewer system.

7. Monitoring results shall be reported using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., five always rounding up or to the nearest even number), the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.

8. The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standards.

9. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.

10. Discharges to waters with an approved "total maximum daily load" (TMDL) TMDL. Owners of facilities that are a source of the specified pollutant of concern to waters where an approved TMDL has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.

11. Termination of coverage. Provided that the board agrees that the discharge covered under this general permit is no longer needed, the permittee may request termination of coverage under the general permit, for the entire facility or for specific outfalls, by submitting a request for termination of coverage. This request for termination of coverage shall be sent to the department's regional office with appropriate documentation or references to documentation already in the department's possession. Upon the permittee's receipt of the regional director's approval, coverage under this general permit will be terminated. Termination of coverage under this general permit does not relieve the permittee of responsibilities under other board regulations or directives.

Part II
Conditions Applicable To to All VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individual or individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation; copies of all reports required by this permit; and records of all data used to complete the registration statement for this permit for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.

4. Calculations for all limitations which that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board 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 his discharge on the quality of state waters or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who that discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F or who that discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after the discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate, and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit the report to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance which that may adversely affect state waters or may endanger public health as follows:

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information, which shall be reported within 24 hours under this subsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. 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

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Part II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

NOTE: The immediate (within 24 hours) reports required in Part II G, H and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/PollutionReportingForm.aspx. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services 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 soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans an alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under § 306 of the Clean Water Act which are applicable to such source; or

(2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with § 306 of the Act within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; 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 registration process or not reported pursuant to an approved land application plan.

2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative thus may be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Parts Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit coverage termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application.

The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U) and "upset" (Part II V), nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Article 11 (§ 62.1-44.34:14 et seq.) of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges, or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur 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 Part II U 2 and 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed above in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset and before an action for noncompliance is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs or other relevant evidence that:

a. An upset occurred and that the permittee can identify the 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 Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of ensuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and or whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. Permits Permit coverage 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 coverage termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits permit coverage.

1. Permits are Permit coverage is not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and 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 new permittee if:

a. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property;

b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit deny permit coverage. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 b.

Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-120)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, U.S. Environmental Protection Agency, Third Edition as amended by Final Updates I, II, IIA, IIB, IIIA, IIIB, IVA, and IVB, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847, http://www.epa.gov/SW-846. https://www.epa.gov/hw-sw846

Method 504.1, rev. 1.1 (August 1995)

Method 7010 (February 2007)

Method 8011 (July 1992)

Method 8015C (November 2000)

Method 8015C (February 2007)

Method 8021B (December 1996) Method 8021B (July 2014)

Method 8260B (December 1996)

Method 8270D (February 2007) Method 8270D (July 2014)

Method 9040C (November 2004)

Methods for the Determination of Organic Compounds in Drinking Water, Supplement III, EPA Publication 600/R-95/131 (August 1995), U.S. Environmental Protection Agency, Office of Research and Development, Washington, D.C. 20460

VA.R. Doc. No. R16-4715; Filed August 1, 2017, 9:00 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with §2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to State Water Control Law (§62.1-44.2 et seq.) and Chapters 24 (§62.1-242 et seq.) and 25 (§62.1-254 et seq.) of Title 62.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of §2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in §2.2-4007.03, and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation:9VAC25-194. General Permit for Vehicle Wash Facilities and Laundry Facilities (amending9VAC25-194-10,9VAC25-194-15,9VAC25-194-40 through9VAC25-194-70).

Statutory Authority: §62.1-44.15; of the Code of Virginia § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Effective Date: October 16, 2017.

Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to §2.2-4007.1 of the Code of Virginia.

Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, or email elleanore.daub@deq.virginia.gov.

Summary:

The regulatory action amends and reissues the existing Virginia Pollutant Discharge Elimination System (VPDES) general permitthat expires October 15, 2017. The general permit contains limitations and monitoring requirements for point source discharge of wastewaters from vehicle wash facilities and laundry facilities. The general permit regulation is being reissued to continue making it available for these facilities to continue to discharge.

Substantive changes (i) allow washing of maintenance and construction equipment and towed small recreational boats (less than 8.6 feet beam and 25 feet in length); (ii) require permittees to notify the municipal separate storm sewer system (MS4) owners before obtaining coverage under the general permit if their discharges are into an MS4; (iii) require stormwater inlet protection measures to be described as part of the registration and included in weekly visual examinations and the operation and maintenance manual, where applicable; (iv) clarify that inspections of the effluent include sheen, floating solids, visible foam, examination date and time, and examination personnel; (v) require the effluent to be free of sheens; and (vi) require discharges of vehicle wash water directly to a stormwater drain to provide inlet protection measures in addition to meeting all other requirements of the permit.

CHAPTER 194
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMITREGULATION FOR VEHICLE WASH FACILITIES AND LAUNDRY FACILITIES

9VAC25-194-10. Definitions.

The words and terms used in this chapter shall have the meanings defined in the State Water Control Law and9VAC25-31-10 et seq. [9VAC25-31 ] (VPDES Permit Regulation) unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"Construction equipment" means trenchers, backhoes, boring equipment, bulldozers [, loaders, dump trucks ], and any other piece of [earthmoving equipment; equipment used in the paving industry; and dump trucks earth moving equipment ].

"Department" or "DEQ" means the Department of Environmental Quality.

"Laundry" means any self-service facility where the washing of clothes is conducted as designated by SIC 7215. It does not include facilities that engage in dry cleaning.

["Maintenance equipment" means street sweepers and catch basin cleaner trucks. ]

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

"Vehicle maintenance" means vehicle and equipment rehabilitation, mechanical repairs, painting, fueling, and lubrication.

"Vehicle wash" means any fixed or mobile facility where the manual, automatic, or self-service exterior washing of vehicles is conducted [. It includes, but is not limited to, automobiles, trucks (except below), motor homes, buses, motorcycles, ambulances, fire trucks, tractor trailers, and other devices that convey passengers or goods on streets or highways. This definition also includes golf course equipment, and lawn maintenance equipment, and recreational boats less than 8.6 feet beam and 25 feet in length towed by a vehicle. It also includes any incidental floor cleaning wash waters associated with facilities that wash vehicles where the floor wash water also passes through the vehicle wash water treatment system. Vehicle wash does not mean engine, acid caustic metal brightener, or steam heated water washing. It does not include cleaning the interior of bulk carriers. It does not include tanker trucks, garbage trucks, logging trucks, livestock trucks, construction equipment, trains, boatsand ships that are more than 8.6 feet beam and 25 feet in length, or aircraft. It does not include floor cleaning wash waters from vehicle maintenance areas.and includes the following:

1. Vehicles that convey passengers or goods on streets or highways as designated by Standard Industrial Classification(SIC) Code 7542 such as automobiles, trucks, motor homes, buses, motorcycles, ambulances, fire trucks, and tractor trailers;

2. Incidental floor cleaning wash waters associated with facilities that wash vehicles where the floor wash water also passes through the vehicle wash treatment system;

3. Golf course equipment and lawn maintenance equipment;

4. Maintenance and construction equipment; and

5. Recreational boats less than 8.6' beam and 25' in length towed by a vehicle.

"Vehicle wash" does not mean engine cleaning or degreasing; the cleaning of floors in vehicle maintenance areas, cleaning of the interior of tanks or trailers carrying bulk or raw material, cleaning of equipment used in the paving industry, cleaning of chemical spreading equipment, or cleaning of tanker trucks, garbage trucks, livestock trailers, trains, boats larger than 8.6' beam and 25' in length, or aircraft; or the use of acid caustic metal brighteners or steam heated water. ]

9VAC25-194-15. Applicability of incorporated references based on the dates that they became effective.

Except as noted, when a regulation of the U.S. Environmental Protection Agency (EPA) set forth in Title 40 of the Code of Federal Regulations is referenced or adoptedhereinin this chapter and incorporated by reference, that regulation shall be as it exists and has been publishedas a final regulation in the Federal Register prior toas of July 1,2012, with the effective date as published in the Federal Register notice or October 16, 2012, whichever is later [2016 2017 ].

9VAC25-194-40. Effective date of the permit.

This general permit will become effective on October 16,20122017. This general permit will expire on October 15,20172022. This general permit is effective for any covered owner upon compliance with all the provisions of9VAC25-194-50.

9VAC25-194-50. Authorization to discharge.

A. Any owner governed by this general permit is hereby authorized to dischargewastewater as described in9VAC25-194-20 to surface waters of the Commonwealth of Virginia provided thatthe owner submits and receives acceptance by the board of the registration statement of9VAC25-194-60, submits the required permit fee, complies with the effluent limitations and other requirements of9VAC25-194-70, and provided that the board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.:

1. The owner files a registration statement in accordance with9VAC25-194-60, and that registration statement is accepted by the board;

2. The owner submits the required permit fee;

3. The owner complies with the applicable effluent limitations and other requirements of9VAC25-194-70; and

4. The owner has not been notified by the board that the discharge is not eligible for coverage under this permit in accordance with subsection B of this section.

B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The owner is required to obtain an individual permit in accordance with9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2.Other board regulations prohibit such dischargesThe owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;

3. The dischargeviolates or would violate the antidegradation policy in the Water Quality Standards at9VAC25-260-30;

4.The discharge is not consistent with the assumptions and requirements of an approved TMDL; or

5. The discharge is to surface waters where there are central wastewater treatment facilities reasonably available, as determined by the board.

C. Mobile vehicle wash owners shall operate such that there is no discharge to surface waters and storm sewers unless they have coverage under this permit.

D. Compliance with this general permit constitutes compliance, for purposes of enforcement, with§§ 301, 302, 306, 307, 318, 403, and 405(a) through (b) of the federal Clean Water Act,and the State Water Control Law, and applicable regulations under either with the exceptions stated in9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any otherapplicable federal, state, or local statute, ordinance, or regulation.

E. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the car wash facilities general permit issued in20072012, and that submits a complete registration statement on or before October 16,20122017, is authorized to continue to discharge under the terms of the20072012 general permit until such time as the board either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner thatthe discharge is not eligible for coverage under this permitis denied.

2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the2012 general permitthat has been continued;

b. Issue a notice of intent to deny coverage under theamendedreissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized bycoverage under the2012 continued general permit or be subject to enforcement action fordischarging without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-194-60. Registration statement.

A. Deadlines for submitting registration statements.TheAny owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for vehicle wash facilities and laundry facilities.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 30 days prior to the date planned forcommencing operation of the newcommencement of the discharge.

2. Existing facilities.

a. Any owner covered by an individual VPDES permitwhothat is proposing to be covered by this general permit shall submit a complete registration statement at least210240 days prior to the expiration date of the individual VPDES permit.

b. Any owner that was authorized to discharge under the general VPDES permit for coin-operated laundries (9VAC25-810) that became effective on February 9, 2011, and who intends to continue coverage under this general permit, shall submit a complete registration statement to the board prior to September 16, 2012.

c.b. Any owner that was authorized to discharge under the general VPDES permit forcar washvehicle wash facilities (9VAC25-194) that became effective on October 16,20072012, andwhothat intends to continue coverage under this general permit, shall submit a complete registration statement to the board prior to September16, 201215, 2017.

d.c. Any owner of a vehicle wash facility covered under this permitwhothat had a monthly average flow rate of less than 5,000 gallons per day, and the flow rate increases above a monthly average flow rate of 5,000 gallons per day, shall submit an amended registration statement within 30 days of the increased flow.

B. Late registration statements. Registration statements for existing facilities covered under subdivision A 2 b of this section will be accepted,after October 15, 2017, but authorization to discharge will not be retroactive. Owners described insubdivisionssubdivision A 2 band c of this section that submitlate registration statementsafter September 15, 2017, are authorized to discharge under the provisions of9VAC25-194-50 E if a complete registration statement is submittedon or before October 16,20122017.

C. The required registration statement shall contain the following information:

1. Facility name and mailing address, owner name and mailing address, telephone number, and email address (if available);

2. Facility street address (if different from mailing address);

3. Facility operator (local contact) name, address, telephone number, and email address (if available) if different than owner;

4. Does the facility discharge to surface waters? If "yes," name of receiving stream; if "no," describe the discharge;

5. Does the facility discharge to a Municipal Separate Storm Sewer System (MS4)? If "yes," the facility owner must notify the owner of the municipal separate storm sewer system of the existence of the dischargewithin 30 days of coverage under the general permit and provide the following informationat the time of registration under this permit and include that notification with the registration statement. The notice shall include the following information: the name of the facility, a contact person and phone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number;

6. Does the facility have a current VPDES Permit? If "yes," provide permit number;

7. Does your locality require connection to central wastewater treatment facilities?

8. Are central wastewater treatment facilities available to serve the site? If "yes," the option of discharging to the central wastewater facility must be evaluated and the result of that evaluation reported here;

9. A USGS 7.5 minute topographic map or equivalent computer generated map showing the facility discharge location(s) and receiving stream;

10. Provide a brief description of the type of washing activity. Include (as applicable) the type of vehicles washed, number of vehicle washing bays, and the number of laundry machines;

11. Highest average monthly flow rate for each washing activity or combined washing activity, reported as gallons per day;

12. Facility line (water balance) drawing;

13. Description of wastewater treatment [or stormwater inlet protection measures ];

14. Information on use of chemicals at the facility. Include detergents, soaps, waxes, and other chemicals;

15. Will detergent used for washing vehicles contain more than 0.5% phosphorus by weight? and

16. The following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

The registration statement shall be signed in accordance with9VAC25-31-110of the VPDES Permit Regulation.

[D. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located. ]

9VAC25-194-70. General permit.

Any owner whose registration statement is accepted by the boardwill receive the following permit and shall comply with the requirementsthereinof the general permit and be subject to all requirements of9VAC25-319VAC25-31-170 of the VPDES Permit Regulation.

General Permit No.: VAG75
Effective Date: October 16,20122017
Expiration Date: October 15,20172022
GENERAL PERMIT FOR VEHICLE WASH FACILITIES AND LAUNDRY FACILITIES

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of vehicle wash facilities and laundry facilities are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations which prohibit such discharges.

The authorized discharge shall be in accordance withthe information submitted with the registration statement, this cover page, Part I - Effluent Limitations [and, ] Monitoring Requirements [, and Special Conditions ], [and ] Part II - Conditions Applicable to All VPDES Permits, as set forthhereinin this general permit.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [. ]

1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from vehicle wash facilities that discharge a monthly average flow rate less than or equal to 5,000 gallons per day fromoutfall(s)outfalls:

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Minimum

Maximum

Frequency(3)

Sample Type

Flow (GPD)

NA

NL

1/Year

Estimate

pH (S.U.)

6.0(1)

9.0(1)

1/Year

Grab

TSS (mg/l)

NA

60(2)

1/Year

[5G/8HCComposite(4) ]

Oil and Grease (mg/l)

NA

15

1/Year

Grab

NL - No Limitation, monitoring requirement only

NA - Not applicable

[5G/8HC - Eight Hour Composite—Consisting of five grab samples collected at hourly intervals until the discharge ceases, or until a minimum of five grab samples have been collected. ]

(1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations.

(2)Limit given is expressed in two significant figures.

(3)Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) shall be submitted to the DEQ regional office no later than the 10th day of January of each year. [The first DMR is due January 10, 2014. ]

[(4)5 Five grab samples evenly spaced over an eight-hour period or five grab samples evenly spaced for the duration of the discharge if less than eight hours in length. ]

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [. ]

2. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from vehicle wash facilities that discharge a monthly average flow rate greater than 5,000 gallons per day fromoutfall(s)outfalls:

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Minimum

Maximum

Frequency(3)

Sample Type

Flow (GPD)

NA

NL

1/6 Months

Estimate

pH (S.U.)

6.0(1)

9.0(1)

1/6 Months

Grab

TSS (mg/l)

NA

60(2)

1/6 Months

[5G/8HCComposite(4) ]

Oil and Grease (mg/l)

NA

15

1/6 Months

Grab

NL - No Limitation, monitoring requirement only

NA - Not applicable

[5G/8HC - Eight Hour Composite - Consisting of five grab samples collected at hourly intervals until the discharge ceases, or until a minimum of five grab samples have been collected. ]

(1)Where the Water Quality Standards (9VAC25-2609VAC25-260) establish alternate standards for pH in waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations.

(2)Limit given is expressed in two significant figures.

(3)Samples shall be collected by December 31 and June 30 of each year and reported on the facility's Discharge Monitoring Report (DMR). DMRs shall be submitted by January 10 and July 10 of each year.

[(4)Five grab samples evenly spaced over an eight-hour period or five grab samples evenly spaced for the duration of the discharge if less than eight hours in length. ]

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [. ]

3. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from a laundry facility fromoutfall(s)outfalls:

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Minimum

Maximum

Frequency(3)

Sample Type

Flow (GPD)

NA

NL

1/Quarter

Estimate

pH (S.U.)

6.0(1)

9.0(1)

1/Quarter

Grab

TSS (mg/l)

NA

60(2)

1/Quarter

Grab

BOD5 (mg/l)

NA

60(1), (2)

1/Quarter

Grab

Dissolved Oxygen (mg/l)

6.0(1)

NA

1/Quarter

Grab

Temperature °C

NA

32 (1), (4)

1/6 Months

Immersion Stabilization

Total Residual Chlorine (mg/l)

NA

.011(1)

1/Quarter

Grab

E. Coli(5)

NA

235 CFU/100 ml

1/6 Months

Grab

Enterococci(6)

NA

104 CFU/100 ml

1/6 Months

Grab

Fecal Coliform(7)

NA

200 CFU/100 ml

1/6 Months

Grab

NL - No Limitation, monitoring requirement only

NA - Not applicable

CFU – ColonyForming Unitsforming units

(1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, BOD5, DO, TRC and temperature in waters receiving the discharge, those standards shall be, as appropriate, the maximum and minimum effluent limitations.

(2)Limit given is expressed in two significant figures.

(3)Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January. Reports of once per six months shall be submitted no later than the 10th day of January and the 10th day of July for samples collected by December 31 and June 30 of each year.

(4)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, 31°C for mountain and upper piedmont waters, 21°C for put and take trout waters, or 20°C for natural trout waters. For estuarine waters, nontidal coastal and piedmont waters, mountain and upper piedmont waters, and put and take trout waters, the effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. For natural trout waters, the temperature of the effluent shall not cause an increase of 1°C above natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour, except in the case of natural trout waters where the hourly temperature change shall not exceed 0.5°C.

(5)Applies only when the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations).

(6)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).

(7)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters).

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater originating from a combined vehicle wash and laundry facility from outfall(s)outfalls:

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Minimum

Maximum

Frequency(3)

Sample Type

Flow (GPD)

NA

NL

1/Quarter

Estimate

pH (S.U.)

6.0(1)

9.0(1)

1/Quarter

Grab

TSS (mg/l)

NA

60(2)

1/Quarter

5G/8HC

BOD5 (mg/l)

NA

60(1), (2)

1/Quarter

Grab

Oil&and Grease

NA

15

1/6 Months

Grab

Dissolved Oxygen (mg/l)

6.0(1)

NA

1/Quarter

Grab

Temperature °C

NA

32 (1), (4)

1/6 Months

Immersion Stabilization

Total Residual Chlorine (mg/l)

NA

.011(1)

1/Quarter

Grab

E. Coli(5)

NA

235 CFU/100 ml

1/6 Months

Grab

Enterococci(6)

NA

104 CFU/100 ml

1/6 Months

Grab

Fecal Coliform(7)

NA

200 CFU/100 ml

1/6 Months

Grab

NL - No Limitation, monitoring requirement only

NA - Not applicable

CFU – ColonyForming Unitforming units

(1)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, BOD5, DO, TRC and temperature in waters receiving the discharge, those standards shall be, as appropriate, the maximum and minimum effluent limitations.

(2)Limit given is expressed in two significant figures.

(3)Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January. Reports of once per six months shall be submitted no later than the 10th day of January and the 10th day of July for samples collected by December 31 and June 30 of each year.

(4)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, 31°C for mountain and upper piedmont waters, 21°C for put and take trout waters, or 20°C for natural trout waters. For estuarine waters, nontidal coastal and piedmont waters, mountain and upper piedmont waters, and put and take trout waters, the effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. For natural trout waters, the temperature of the effluent shall not cause an increase of 1°C above natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour, except in the case of natural trout waters where the hourly temperature change shall not exceed 0.5°C.

(5)Applies only when the discharge is into freshwater (see 9VAC25-260-140 C for the classes of waters and boundary designations).

(6)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).

(7)Applies only when the discharge is into shellfish waters (see 9VAC25-260-160 for the description of what are shellfish waters).


B. Special conditions.

1. The permittee of a vehicle wash facility shall performinspectionsvisual examinations of the effluentincluding sheens, floating solids, or visible foam and maintenance of the wastewater treatment facilities [and inlet protection measures, if applicable, ] at least once per week and documentactivities onthis visual examination [and maintenance activities ]in the operational log. This operational log shallinclude the examination date and time, examination personnel, and the visual quality of the discharge and shall be made available for review by the department personnel upon request.

2.The effluent shall be free of sheens. There shall be no discharge of floating solids or visible foam in other than trace amounts.

3. No sewage shall be discharged from a point source to surface waters from this facility except under the provisions of another VPDES permit specifically issued for that purpose.

4. There shall be no chemicals added to the water or waste which may be discharged other than those listed on the owner's accepted registration statement, unless prior approval of thechemical(s)chemical is granted by the board.

5. Wastewater should be reused or recycled whenever feasible.

6. The permittee of a vehicle wash facility shall comply with the following solids management plan:

a. All settling basins shall be cleaned frequently in order to achieve effective treatment.

b. All solids shall be handled, stored, and disposed of so as to prevent a discharge to state waters of such solids.

7. Washing of vehicles or containers bearing residue of animal manure or toxic chemicals (fertilizers, organic chemicals, etc.)into the wastewater treatment system is prohibited. If the facility is a self-service operation, the permittee shall post this prohibition on a sign prominently located and of sufficient size to be easily read by all patrons.

8. If the facility has a vehicle wash discharge with a monthly average flow rate of less than 5,000 gallons per day, and the flow rate increases above a monthly average flow rate of 5,000 gallons per day, an amended registration statement shall be filed within 30 days of the increased flow.

9.AnyA permitteesubmitting a registration statement in accordance with Part II M and discharging into a municipal separate storm sewer shall notify the owner of the municipal separate storm sewer system of the existence of the dischargewithin 30 days of coverage under the general permit and provideat the time of registration under this permit and include that notification with the registration statement. The notice shall include the following information: the name of the facility, a contact person and [phone numbercontact information ], the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number.

10. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.

[11. The owner of a facility discharging vehicle wash water directly to a stormwater drain shall provide inlet protection measures in addition to meeting all other requirements of the permit. ]

[11.12. ] The permittee shall notify the department as soon asthey knowthe permittee knows orhavehas reason to believe:

a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(1) One hundred micrograms per literof the toxic pollutant;

(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;

(3) Five times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the board.

b. That any activity has occurred or will occur that would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:

(1) Five hundred micrograms per literof the toxic pollutant;

(2) One milligram per liter for antimony;

(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or

(4) The level established by the board.

[12.13. ] Operation and maintenance manual requirement. The permittee shall develop and maintain an accurate operations and maintenance (O&M) manual for the [vehicle wash ]wastewater treatment works [and inlet protection measures, if applicable ]. This manual shall detail the practices and procedures that will be followed to ensure compliance with the requirements of this permit. The permittee shall operate the treatment works in accordance with the O&M manual. The O&M manual shall be reviewed and updated at least annually and shall be signed and certified in accordance with Part II K of this permit. The O&M manual shall be made available for review by the department personnel upon request. The O&M manual shall include, but not necessarily be limited to, the following items, as appropriate:

a. Techniques to be employed in the collection, preservation, and analysis of effluent samples;

b. Discussion of best management practices, if applicable [or stormwater inlet protection methods ];

c. Treatment system operation, routine preventive maintenance of units within the treatment system, critical spare parts inventory, and recordkeeping;

d. A sludge/solidsdisposalmanagement planas required by Part I B 6;and

e. Procedures for performing the visual examination and maintenance required by Part I B 1 including example log sheets [and the location of the operational log ]; and

e. Date(s)f. Date when the O&M manual was updated or reviewed and any changes that were made.

[13.14. ] ComplianceReportingreporting under Part I A 1‑ 4.

a. The quantification levels (QL) shall be as follows:

Effluent Characteristic

Quantification Level

BOD5

2 mg/l

TSS

Oil and Grease

1.0 mg/l

5.0 mg/l

Chlorine

0.10 mg/l

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Reporting. Any single datum required shall be reported as "<QL" if it is less than the QL in subdivision [13 14 ] a of thissubdivisionsubsection. Otherwise, the numerical value shall be reported.The QL must be less than or equal to the QL in subdivision [13 14 ]a of this subsection.

c. Monitoring results shall be reported using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., five always rounding up or to the nearest even number), the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.

14. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.

[ 15.14. ] The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standardsin 9VAC25-260.

[ 16.15.] Discharges to waters with an approved total maximum daily load (TMDL). Owners of facilities that are a source of the specified pollutant of concern to waters where an approved TMDL has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.

[ 17.16. ] Notice ofTerminationtermination.

a. The owner may terminate coverage under this general permit by filing a complete notice of termination [with the department ]. The notice of termination may be filed after one or more of the following conditions have been met:

(1) Operations have ceased at the facility and there are no longer wastewater discharges from vehicle wash or laundry activities from the facility;

(2) A new owner has assumed responsibility for the facility [(NOTE:. ] A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement form has been [submitted)submitted ];

(3) All discharges associated with this facility have been covered by [ana VPDES ] individual [permit ] or an alternative VPDES permit; or

(4)Notice of terminationTermination of coverage is requested for another reason provided the board agrees that coverage under this general permit is no longer needed.

b. The notice of termination shall contain the following information:

(1) Owner's name, mailing address, telephone number, and email address (if available);

(2) Facility name and location;

(3) VPDES vehicle wash facilities and laundry facilities general permit number; and

(4) The basis for submitting the notice of termination, including:

i.(a) A statement indicating that a new owner has assumed responsibility for the facility;

ii.(b) A statement indicating that operations have ceased at the facility and there are no longer wastewater discharges from vehicle wash or laundry activities from the facility;

iii.(c) A statement indicating that all wastewater discharges from vehicle wash facilities and laundry facilities have been covered by an individual VPDES permit; or

iv.(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).

c. The following certification:

"I certify under penalty of law that all wastewater discharges from vehicle wash or laundry facilities from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the industrial activity, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge wastewater from vehicle wash facilities or laundry facilities in accordance with the general permit, and that discharging pollutants in wastewater from vehicle wash facilities or laundry facilities to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."

d. The notice of termination shall be signed in accordance with Part II K.

e. The notice of termination shall be submitted to the DEQ regional office serving the area where the vehicle wash or laundry facility is located.

Part II
CONDITIONS APPLICABLE TO ALL VPDES PERMITS

A. Monitoring.

1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.

2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency unless other procedures have been specified in this permit.

3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.

4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.

B. Records.

1. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.

4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information which the board may request to determine whether cause exists for [modifying, revoking and reissuing, or ] terminating [coverage under ] this permit or to determine compliance with this permit. The board 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 his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F;, or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverseaffectseffects on aquatic life and the known number of fish killed. The permittee shall submit the report to the department in writing within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges includebut are not limited to any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance which may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this subsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. 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

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Parts II I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 2.

NOTE: The immediate (within 24 hours) reports required in Part II G, H and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online athttp://www.deq.virginia.gov/prep/h2rpt.html http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency 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 soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under § 306 of the Clean Water Act which are applicable to such source; or

(2) After proposal of standards of performance in accordance with § 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;

b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; 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[applicationregistration ] 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.

K. Signatory requirements.

1. Registration statement. All registration statements shall be signed as follows:

a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit [applicationregistration ] requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reporting requirements. All reports required by permits and other information requested by the board shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:

a. The authorization is made in writing by a person described in Part II K 1;

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.

4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action [;, ] for permit [coverage ] termination, [revocation and reissuance, or modification; ] or [for ] denial of a permit [coverage ] renewal application.

The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.

O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by § 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U) and "upset" (Part II V), nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Article 11 (§ 62.1-44.34:14 et seq.) of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.

S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

U. Bypass.

1. 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 Part II U 2 and U 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible, at least 10 days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part II U 2.

b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.

2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the causes of the upset;

b. The permitted facility was at the time being properly operated;

c. The permittee submitted notice of the upset as required in Part II I; and

d. The permittee complied with any remedial measures required under Part II S.

3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow the director, or an authorized representative, upon presentation of credentials and other documents as may be required by law to:

1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.

For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.

X. Permit actions. [PermitsPermit coverage ] 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, orcoverage ] termination [, ] or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of [permitspermit coverage. Permits are not transferable to any person except after notice to the department ].

[1. Permits are not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and 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 new permittee if:

[a.1. ] The current permittee notifies the department within 30 days of the transfer of the title to the facility or property;

[b.2. ] The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

[c.3. ] The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 [b ].

Z. Severability. The provisions of this permit are severable, and, if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

VA.R. Doc. No. R16-4617; Filed July 31, 2017, 10:22 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Proposed Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq.) and Chapters 24 (§ 62.1-242 et seq.) and 25 (§ 62.1-254 et seq.) of Title 62.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03, and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25-196. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less (amending 9VAC25-196-10, 9VAC25-196-15, 9VAC25-196-40 through 9VAC25-196-70).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Hearing Information:

September 28, 2017 - 3 p.m. - Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Room, Richmond, VA 23219

Public Comment Deadline: October 20, 2017.

Small Business Impact Review Report of Findings: This proposed regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Agency Contact: Matthew Richardson, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4195, FAX (804) 698-4032, or email matthew.richardson@deq.virginia.gov.

Summary:

This proposed regulatory action revises and reissues the existing general permit that expires on March 1, 2018. This general permit establishes effluent limitations and monitoring requirements for point source discharges of 50,000 gallons per day or less of noncontact cooling water and cooling equipment blow down to surface waters. The general permit regulation is being reissued to continue making it available as a permitting option for this type of discharger. The proposed changes make this general permit similar to other general permits issued recently and clarify and update permit limit and conditions.

Proposed substantive changes to the existing regulation include (i) requiring permittees to notify a municipal separate storm sewer system (MS4) owner of the existence of the discharge at the time of registration under the general permit and to include a copy of that notification with the registration statement; (ii) removing the effluent limitations and monitoring requirements for the first four years of the previous permit term as these requirements are not applicable for this reissuance; (iii) clarifying that the "1/3 months" monitoring frequency means the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December; and (iv) requiring the permittee to develop an operation and maintenance manual for equipment or systems used to meet effluent limitations within 90 days of permit coverage.

CHAPTER 196
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT FOR NONCONTACT COOLING WATER DISCHARGES OF 50,000 GALLONS PER DAY OR LESS

9VAC25-196-10. Definitions.

The words and terms used in this chapter shall have the meanings defined in § 62.1-44.2 et seq. of the Code of Virginia (State Water Control Law) and 9VAC25-31-10 9VAC25-31 (VPDES Permit Regulation) unless the context clearly indicates otherwise, except that for the purposes of this chapter:

"Blowdown" means a discharge of recirculating water from any cooling equipment or cooling process in order to maintain a desired quality of the recirculating water. Boiler blowdown is excluded from this definition.

"Board" means the State Water Control Board.

"Cooling water" means water used for cooling which does not come into direct contact with any raw product, intermediate product (other than heat) or finished product. For the purposes of this general permit, cooling water can be generated from any cooling equipment blowdown or produced as a result of any noncontact cooling process through either a single pass (once through) or recirculating system.

"Department" or "DEQ" means the Virginia Department of Environmental Quality.

"Director" means the Director of the Virginia Department of Environmental Quality, or an authorized representative.

"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background or both, and must include a margin of safety (MOS) and account for seasonal variations.

9VAC25-196-15. Applicability of incorporated references based 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 Federal Regulations is referenced or adopted herein in this chapter and incorporated by reference, that regulation shall be as it exists and has been published as a final regulation in the Federal Register prior to July 1, 2012, with the effective date as published in the Federal Register notice or March 2, 2013, whichever is later as of July 1, 2017.

9VAC25-196-40. Effective date of the permit.

This general permit will become effective on March 2, 2013 2018. This general permit will expire on March 1, 2018 2023. This general permit is effective as to any covered owner upon compliance with all the provisions of 9VAC25-196-50.

9VAC25-196-50. Authorization to discharge.

A. Any owner governed by this general permit is hereby authorized to discharge to surface waters of the Commonwealth of Virginia provided that the owner submits and receives acceptance by the board of the registration statement of 9VAC25-196-60, submits the required permit fee, and complies with the effluent limitations and other requirements of 9VAC25-196-70, and provided that the board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.

B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner is proposing to discharge to Class V stockable trout waters, Class VI natural trout waters, or any state waters specifically named in other board regulations that prohibit such discharges;

3. The discharge violates or would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30; or

4. The discharge is not consistent with the assumptions and requirements of an approved TMDL.

C. Chlorine or any other halogen compounds shall not be used for disinfection or other treatment purposes, including biocide applications, for any discharges to waters containing endangered or threatened species as identified in 9VAC25-260-110 C of the Water Quality Standards.

D. The owner shall not use tributyltin, any chemical additives containing tributyltin, or any hexavalent chromium-based water treatment chemicals containing hexavalent chromium in the cooling water systems.

E. The owner shall not use groundwater remediation wells as the source of cooling water.

F. Compliance with this general permit constitutes compliance with the federal Clean Water Act, and the State Water Control Law, and applicable regulations under either with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.

G. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the noncontact cooling water discharges general permit issued in 2008 2013 and that submits a complete registration statement on or before March 2, 2013 2018, is authorized to continue to discharge under the terms of the 2008 2013 general permit 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 eligible for coverage under this general permit.

2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the general permit that has been continued;

b. Issue a notice of intent to deny coverage under the amended reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the continued general permit or be subject to enforcement action for discharging without a permit;

c. Issue an a VPDES individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

9VAC25-196-60. Registration statement.

A. Deadlines for submitting registration statements. The owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES general permit for noncontact cooling water discharges of 50,000 gallons per day or less.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 30 days prior to the date planned for commencing operation of the new discharge.

2. Existing facilities.

a. Any owner covered by an a VPDES individual VPDES permit who is proposing to be covered by this general permit shall submit a complete registration statement at least 210 days prior to the expiration date of the VPDES individual VPDES permit.

b. Any owner that was authorized to discharge under the VPDES general VPDES permit that became effective on March 2, 2008 2013, and who that intends to continue coverage under this general permit shall submit a complete registration statement to the board on or before February 1, 2013 2018.

B. Late registration statements. Registration statements will be accepted after March 2, 2013 1, 2018, but authorization to discharge will not be retroactive. Owners described in subdivision A 2 b of this section that submit registration statements after February 1, 2013 2018, are authorized to discharge under the provisions of 9VAC25-196-50 G if a complete registration statement is submitted on or before March 2, 2013 1, 2018.

C. The required registration statement shall contain the following information:

1. Facility name and address, owner name, mailing address, telephone number, and email address (if available);

2. Operator name, mailing address, telephone number, and email address (if available) if different from owner;

3. Does the facility currently have a VPDES permit? Permit Number if yes Current VPDES permit registration number (if applicable);

4. Listing List of point source discharges that are not composed entirely of cooling water;

5. Listing List of type and size (tons) of cooling equipment or noncontact cooling water processes;

6. The following information if any chemical or nonchemical treatment, or both, is employed in each of the cooling water systems system:

a. Description of the treatment to be employed (both chemical and nonchemical) and its purpose; for chemical additives other than chlorine, provide the information prescribed in subdivisions 6 b, c, d, e, and f;

b. Name and manufacturer of each additive used;

c. List of active ingredients and percent composition of each additive;

d. Proposed dosing schedule and quantity of chemical usage, and either an engineering analysis, or a technical evaluation of the active ingredients, to determine the discharge concentration in the discharge of each contaminant;

e. Available aquatic toxicity information for each proposed additive used; and

f. Any other information such as product or constituent degradation, fate, transport, synergies, bioavailability, etc., that will aid the board with the toxicity evaluation of the discharge; and

g. Safety data sheet for each proposed additive.

7. Description of any type of treatment or retention being provided to the wastewater before discharge (i.e., retention ponds, settling ponds, etc.);

8. A schematic drawing of the cooling water equipment that shows the source of the cooling water, its flow through the facility, and each noncontact cooling water discharge point;

9. A USGS 7.5 minute topographic map or equivalent computer generated map extending to at least one mile beyond the property boundary. The map must show the outline of the facility and the location of each of its existing and proposed intake and discharge points, and must include all springs, rivers and other surface water bodies;

10. The following discharge information:

a. A listing list of all cooling water discharges identified by a unique number, latitude, and longitude;

b. The source of cooling water for each discharge;

c. An estimate of the maximum daily flow in gallons per day for each discharge;

d. The name of the waterbody receiving direct discharge or discharge through the municipal separate storm sewer system (MS4); and

e. The duration and frequency of the discharge for each separate discharge point; continuous, intermittent, or seasonal;

11. Whether the facility will discharge to a municipal separate storm sewer system (MS4). If so, the name of the MS4 owner. The owner of the facility shall notify the MS4 owner in writing of the existence of the discharge within 30 days of coverage under the general permit and shall copy the DEQ regional office with the notification. A determination of whether the facility will discharge to a MS4. If the facility discharges to a MS4, the facility owner must notify the owner of the MS4 of the existence of the discharge at the time of registration under this permit and include that notification with the registration statement. The notification notice shall include the following information: the name of the facility, a contact person and phone telephone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit registration number if a reissuance; and

12. The following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

D. The registration statement shall be signed in accordance with 9VAC25-31-110.

E. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located.

9VAC25-196-70. General permit.

Any owner whose registration statement is accepted by the board will receive coverage under the following permit and shall comply with the requirements therein and be subject to all requirements of 9VAC25-31.

General Permit No: VAG25
Effective Date: March 2, 2013 2018
Expiration Date: March 1, 2018 2023

GENERAL PERMIT FOR NONCONTACT COOLING WATER DISCHARGES OF 50,000 GALLONS PER DAY OR LESS

AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW

In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of noncontact cooling water discharges of 50,000 gallons per day or less are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except Class V stockable trout waters, Class VI natural trout waters, and those specifically named in board regulations that prohibit such discharges. Chlorine or any other halogen compounds shall not be used for disinfection or other treatment purposes, including biocide applications, for any discharges to waters containing endangered or threatened species as identified in 9VAC25-260-110 C of the Water Quality Standards.

The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable to all VPDES Permits, as set forth herein in this general permit.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

During the period beginning on the permit's effective dateand lasting until the permit's expiration date, the permittee is authorized todischarge noncontact cooling water. Samples taken in compliance with themonitoring requirements specified below shall be taken at the followinglocation(s): outfall(s) _______________.

1. Effluent limitations and monitoring requirements for thefirst four years of the permit term (March 2, 2013, through March 1, 2017).Discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Maximum

Minimum

Frequency

Sample Type

Flow (MGD)

0.05

NA

1/3 Months

Estimate

Temperature (°C)

(1)

NA

1/3 Months

Immersion Stabilization

pH (SU)

9.0(2)

6.0(2)

1/3 Months

Grab

Ammonia-N(3) (mg/l)

NL

NA

1/3 Months

Grab

Total Residual Chlorine(3) (mg/l)

Nondetectable

NA

1/3 Months

Grab

Hardness (mg/l CaCO3)(7)

NL

NA

1/3 Months

Grab

Total Recoverable Copper(4) (μg/l)

NL

NA

1/3 Months

Grab

Total Recoverable Zinc(4) (μg/l)

NL

NA

1/3 Months

Grab

Total Recoverable Silver(4), (5) (μg/l)

NL

NA

1/3 Months

Grab

Total Phosphorus(6) (mg/l)

NL

NA

1/3 Months

Grab

NL = No limitation, monitoring required
NA = Not applicable

(1)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, or 31°C for mountain and upper piedmont waters. No maximum temperature limit, only monitoring, applies to discharges to estuarine waters.
The effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour. Natural temperature is defined as that temperature of a body of water (measured as the arithmetic average over one hour) due solely to natural conditions without the influence of any point‑source discharge.
(2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in the waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations.
(3)Chlorine limitation of nondetectable (<0.1 mg/l) and chlorine monitoring only apply to outfalls directly discharging to surface waters where either: (i) a treatment additive that contains chlorine or chlorine compounds is used or (ii) the source of cooling water is chlorinated. All data below the quantification level (QL) of 0.1 mg/L shall be reported as "<QL." Ammonia monitoring only applies where the source of cooling water is disinfected using chloramines.
(4)A specific analytical method is not specified; however, a maximum quantification level (Max QL) value for each metal has been established. An appropriate method to meet the Max QL value shall be selected using any approved method presented in 40 CFR Part 136. If the test result is less than the method quantification level (QL), a "<[QL]" shall be reported where the actual analytical test QL is substituted for [QL].

Material

Max QL (μg/l)

Copper

1.0

Zinc

50.0

Silver

1.0

 

Quality control/assurance information shall be submitted to document that the required QL has been attained.
(5)Silver monitoring is only required where a Cu/Ag anode is used.
(6)Phosphorus monitoring is only required where an additive containing phosphorus is used.
(7)Hardness monitoring is only required for discharges to freshwater streams, perennial streams, or dry ditches.

2. 1. Effluent limitations and monitoringrequirements for the last year of the permit term (March 2, 2017, throughMarch 1, 2018), discharges to freshwater receiving streams waterbodies.Such discharges shall be limited and monitored by the permittee as specifiedbelow:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Maximum

Minimum

Frequency

Sample Type

Flow (MGD)

0.05

NA

1/3 Months

Estimate

Temperature (°C)

(1)

NA

1/3 Months

Immersion Stabilization

pH (SU)

9.0(2)

6.0(2)

1/3 Months

Grab

Ammonia-N(3) (mg/l)

NL

NA

1/3 Months

Grab

Total Residual Chlorine(3) (mg/l)

Nondetectable

NA

1/3 Months

Grab

Total Recoverable Copper(4) (μg/l)

9.0

NA

1/3 Months

Grab

Total Recoverable Zinc(4) (μg/l)

120

NA

1/3 Months

Grab

Total Recoverable Silver(4), (5) (μg/l)

3.4

NA

1/3 Months

Grab

Total Phosphorus(6) (mg/l)

NL

NA

1/3 Months

Grab

NL = No limitation, monitoring required
NA = Not applicable

1/3 Months = the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December

(1)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, or 31°C for mountain and upper piedmont waters. No maximum temperature limit, only monitoring, applies to discharges to estuarine waters.
The effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour. Natural temperature is defined as that temperature of a body of water (measured as the arithmetic average over one hour) due solely to natural conditions without the influence of any point source discharge.
(2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in the waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations.
(3)Chlorine limitation of nondetectable (<0.1 mg/l) and chlorine monitoring only apply to outfalls directly discharging to surface waters where either: (i) a treatment additive that contains chlorine or chlorine compounds is used or (ii) the source of cooling water is chlorinated. All data below the quantification level (QL) of 0.1 mg/L shall be reported as "<QL." Ammonia monitoring only applies where the source of cooling water is disinfected using chloramines.
(4)A specific analytical method is not specified; however, a maximum quantification level (Max QL) value for each metal has been established. An appropriate method to meet the Max QL value shall be selected using any approved method presented in 40 CFR Part 136. If the test result is less than the method quantification level (QL), a "<[QL]" shall be reported where the actual analytical test QL is substituted for [QL].

 

Material

Max QL (μg/l)

 

Copper

1.0

 

Zinc

50.0

 

Silver

1.0

Quality control/assurance information shall be submitted to document that the required QL has been attained.
(5)Silver monitoring is only required where a Cu/Ag anode is used.
(6)Phosphorus monitoring is only required where an additive containing phosphorus is used.

3. 2. Effluent limitations and monitoringrequirements for the last year of the permit term (March 2, 2017, throughMarch 1, 2018), discharges to saltwater receiving streams waterbodies.Such discharges shall be limited and monitored by the permittee as specifiedbelow:

EFFLUENT CHARACTERISTICS

DISCHARGE LIMITATIONS

MONITORING REQUIREMENTS

Maximum

Minimum

Frequency

Sample Type

Flow (MGD)

0.05

NA

1/3 Months

Estimate

Temperature (°C)

(1)

NA

1/3 Months

Immersion Stabilization

pH (SU)

9.0(2)

6.0(2)

1/3 Months

Grab

Ammonia-N(3) (mg/l)

NL

NA

1/3 Months

Grab

Total Residual Chlorine(3) (mg/l)

Nondetectable

NA

1/3 Months

Grab

Total Recoverable Copper(4) (μg/l)

6.0

NA

1/3 Months

Grab

Total Recoverable Zinc(4) (μg/l)

81

NA

1/3 Months

Grab

Total Recoverable Silver(4), (5) (μg/l)

1.9

NA

1/3 Months

Grab

Total Phosphorus(6) (mg/l)

NL

NA

1/3 Months

Grab

NL = No limitation, monitoring required
NA = Not applicable

1/3 Months = the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December

(1)The effluent temperature shall not exceed a maximum 32°C for discharges to nontidal coastal and piedmont waters, or 31°C for mountain and upper piedmont waters. No maximum temperature limit, only monitoring, applies to discharges to estuarine waters.
The effluent shall not cause an increase in temperature of the receiving stream of more than 3°C above the natural water temperature. The effluent shall not cause the temperature in the receiving stream to change more than 2°C per hour. Natural temperature is defined as that temperature of a body of water (measured as the arithmetic average over one hour) due solely to natural conditions without the influence of any point source discharge.
(2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH in the waters receiving the discharge, those standards shall be the maximum and minimum effluent limitations.
(3)Chlorine limitation of nondetectable (<0.1 mg/l) and chlorine monitoring only apply to outfalls directly discharging to surface waters where either: (i) a treatment additive that contains chlorine or chlorine compounds is used or (ii) the source of cooling water is chlorinated. All data below the quantification level (QL) of 0.1 mg/L shall be reported as "<QL." Ammonia monitoring only applies where the source of cooling water is disinfected using chloramines.
(4)A specific analytical method is not specified; however, a maximum quantification level (Max QL) value for each metal has been established. An appropriate method to meet the Max QL value shall be selected using any approved method presented in 40 CFR Part 136. If the test result is less than the method quantification level (QL), a "<[QL]" shall be reported where the actual analytical test QL is substituted for [QL].

 

Material

Max QL (μg/l)

 

Copper

1.0

 

Zinc

50.0

 

Silver

1.0

 

Quality control/assurance information shall be submitted to document that the required QL has been attained.
(5)Silver monitoring is only required where a Cu/Ag anode is used.
(6)Phosphorus monitoring is only required where an additive containing phosphorus is used.

B. Special conditions.

1. There shall be no discharge of floating solids or visiblefoam in other than trace amounts.

2. No discharges other than cooling water, as defined, arepermitted under this general permit.

3. The use of any chemical additives not identified in theregistration statement, except chlorine, without prior approval is prohibitedunder this general permit. Prior approval shall be obtained from the DEQ beforeany changes are made to the chemical or nonchemical treatment technologyemployed in the cooling water system. Requests for approval of the change shallbe made in writing and shall include the following information:

a. Describe the chemical or nonchemical treatment to beemployed and its purpose; if chemical additives are used, provide theinformation prescribed in subdivisions 3 b, c, d, e, and f;

b. Provide the name and manufacturer of each additive used;

c. Provide a list of active ingredients and percentage ofcomposition;

d. Give the proposed schedule and quantity of chemical usage,and provide either an engineering analysis, or a technical evaluation ofthe active ingredients, to determine the concentration in the discharge;

e. Attach available aquatic toxicity information for eachadditive proposed for use; and

f. Attach any other information such as product or constituentdegradation, fate, transport, synergies, bioavailability, etc., that will aidthe board with the toxicity evaluation for the discharge.; and

g. Attach a safety data sheet for each proposed additive.

4. Where cooling water is discharged through a municipalstorm sewer system to surface waters, the permittee shall, within 30 days ofcoverage under this general permit, notify the owner of the municipal separatestorm sewer system in writing of the existence of the discharge and provide thefollowing information: the name of the facility, a contact person and phonenumber, the nature of the discharge, the location of the discharge, and thefacility's VPDES general permit number. A copy of such notification shall beprovided to the department. Discharge Monitoring Reports (DMRs) required bythis permit shall be submitted to both the department and the owner of themunicipal separate storm sewer system. A determination of whether thefacility will discharge to a MS4. If the facility discharges to a MS4, thefacility owner must notify the owner of the MS4 of the existence of the dischargeat the time of registration under this permit and include that notificationwith the registration statement. The notice shall include the followinginformation: the name of the facility, a contact person and telephone number,the location of the discharge, the nature of the discharge, and the facility'sVPDES general permit registration number if a reissuance. Discharge monitoringreports (DMRs) required by this permit shall be submitted to both thedepartment and the owner of the MS4.

5. The permittee shall at all times properly operate andmaintain all cooling water systems. Inspection shall be conducted for eachcooling water unit by the plant personnel at least once per year with reportsmaintained on site Operation and maintenance manual requirement.

a. Within 90 days after the date of coverage under thisgeneral permit, the permittee shall develop an operation and maintenance(O&M) manual for the equipment or systems used to meet effluentlimitations. The O&M manual shall be reviewed within 90 days of changes tothe equipment or systems used to meet effluent limitations. The O&M manualshall be certified in accordance with Part II K of this permit. The O&Mmanual shall be made available for review by department personnel upon request.

b. This manual shall detail the practices and proceduresthat will be followed to ensure compliance with the requirements of thispermit. Within 30 days of a request by the department, the current O&Mmanual shall be submitted to the board for review and approval. The permitteeshall operate the treatment works in accordance with the O&M manual.Noncompliance with the O&M manual shall be deemed a violation of thepermit.

c. This manual shall include, but not necessarily belimited to, the following items:

(1) Techniques to be employed in the collection,preservation, and analysis of effluent samples;

(2) Discussion of best management practices;

(3) Design, operation, routine preventative maintenance ofequipment or systems used to meet effluent limitations, critical spare partsinventory, and recordkeeping;

(4) A plan for the management or disposal of waste solidsand residues, and a requirement that all solids shall be handled, stored, anddisposed of so as to prevent a discharge to state waters; and

(5) Procedures for measuring and recording the duration andvolume of treated wastewater discharged.

6. The permittee shall notify the department as soon as theyknow the permittee knows or have has reason tobelieve:

a. That any activity has occurred or will occur which wouldresult in the discharge, on a routine or frequent basis, of any toxic pollutantwhich is not limited in this permit, if that discharge will exceed thehighest of the following notification levels:

(1) One hundred micrograms per liter (100 μg/l);

(2) Two hundred micrograms per liter (200 μg/l) foracrolein and acrylonitrile; 500 micrograms per liter (500 μg/l) for 2,4‑dinitrophenoland for 2‑methyl‑4,6‑dinitrophenol; and one milligram perliter (1 mg/l) for antimony;

(3) Five times the maximum concentration value reported forthat pollutant in the permit application registration statement;or

(4) The level established by the board in accordance with 9VAC25-31-220 F.

b. That any activity has occurred or will occur which wouldresult in any discharge, on a nonroutine or infrequent basis, of a toxicpollutant which is not limited in this permit, if that discharge willexceed the highest of the following notification levels:

(1) Five hundred micrograms per liter (500 μg/l);

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten times the maximum concentration value reported forthat pollutant in the permit application; or

(4) The level established by the board in accordance with 9VAC25-31-220 F.

7. Geothermal systems using groundwater and no chemical additives.Geothermal systems using groundwater and no chemical additives may be eligiblefor reduced monitoring requirements.

If a geothermal system was covered by the previous noncontactcooling water general permit, and the monitoring results from the previouspermit term demonstrate full compliance with the effluent limitations, thepermittee may request authorization from the department to reduce themonitoring to once in the first monitoring quarter of the first year of thispermit term.

Owners of new geothermal systems, and previously unpermittedgeothermal systems that receive coverage under this permit shall submitmonitoring results to the department for the first four monitoring quartersafter coverage begins. If the monitoring results demonstrate full compliancewith the effluent limitations, the permittee may request authorization from thedepartment to suspend monitoring for the remainder of the permit term.

Should the permittee be issued a warning letter or noticeof violation related to violation of effluent limitations, a notice ofviolation, or be the subject of an active enforcement action regardingeffluent limit violations, upon issuance of the letter or notice, orinitiation of the enforcement action, the monitoring frequency shallrevert to 1/3 months and remain in effect until the permit's expiration date.

8. Monitoring results shall be reported using the same numberof significant digits as listed in the permit. Regardless of the roundingconvention used by the permittee (e.g., five always rounding up or to thenearest even number), the permittee shall use the convention consistently andshall ensure that consulting laboratories employed by the permittee use thesame convention.

9. Discharges to waters with an approved "totalmaximum daily load" (TMDL) TMDL. Owners of facilities that area source of the specified pollutant of concern to waters where an approved TMDLhas been established shall implement measures and controls that are consistentwith the assumptions and requirements of the TMDL.

10. Notice of termination.

a. The owner may terminate coverage under this general permitby filing a complete notice of termination with the department. Thenotice of termination may be filed after one or more of the followingconditions have been met:

(1) Operations have ceased at the facility and there are nolonger cooling water discharges from the facility;

(2) A new owner has assumed responsibility for the facility(NOTE: A notice of termination does not have to be submitted if a VPDES Changeof Ownership Agreement form has been submitted);

(3) All cooling water discharges associated with this facilityhave been covered by an a VPDES individual VPDES permit oran alternative VPDES permit; or

(4) Termination of coverage is being requested for anotherreason, provided the board agrees that coverage under this general permit is nolonger needed.

b. The notice of termination shall contain the followinginformation:

(1) Owner's name, mailing address, telephone number, and emailaddress (if available);

(2) Facility name and location;

(3) VPDES noncontact cooling water discharges generalpermit number; and

(4) The basis for submitting the notice of termination,including:

(a) A statement indicating that a new owner has assumedresponsibility for the facility;

(b) A statement indicating that operations have ceased at thefacility and there are no longer noncontact cooling water dischargesfrom the facility;

(c) A statement indicating that all noncontact coolingwater discharges have been covered by an a VPDES individual VPDESpermit; or

(d) A statement indicating that termination of coverage isbeing requested for another reason (state the reason).

c. The following certification: "I certify under penaltyof law that all noncontact cooling water discharges from the identifiedfacility that are authorized by this VPDES general permit have been eliminated,or covered under a VPDES individual or alternative permit, or that I am nolonger the owner of the facility, or permit coverage should be terminated foranother reason listed above. I understand that by submitting this notice oftermination that I am no longer authorized to discharge noncontactcooling water in accordance with the general permit, and that dischargingpollutants in noncontact cooling water to surface waters is unlawfulwhere the discharge is not authorized by a VPDES permit. I also understand thatthe submittal of this notice of termination does not release an owner fromliability for any violations of this permit or the Clean Water Act."

d. The notice of termination shall be signed in accordancewith Part II K.

e. The notice of termination shall be submitted to the DEQregional office serving the area where the noncontact cooling waterdischarge is located.

11. The discharges authorized by this permit shall becontrolled as necessary to meet applicable water quality standards.

12. Approval for coverage under this general permit does notrelieve any owner of the responsibility to comply with any other federal,state, or local statute, ordinance, or regulation.

Part II
Conditions Applicable to All VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this 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 be analyzedin accordance with 1VAC30-45, Certification for Noncommercial EnvironmentalLaboratories, or 1VAC30-46, Accreditation for Commercial EnvironmentalLaboratories.

B. Records.

1. Records of monitoring information shall include:

a. The date, and exact place and time of samplingor measurements;

b. The individual(s) individuals who performedthe sampling or measurements;

c. The date(s) dates and time(s) timesanalyses were performed;

d. The individual(s) individuals who performedthe 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.

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 in the DMR or reportingform specified by the department.

4. Calculations for all limitations which 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 which the boardmay request 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 discharge onthe quality of state waters, or such other information as may be necessary toaccomplish the purposes of the State Water Control Law. The permittee shallalso furnish to the department upon request copies of records required to bekept 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 in accordancewith Part II I 2. Unusual and extraordinary discharges include but are notlimited 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 which 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 which shall be reported within 24 hours under thissubsection:

a. Any unanticipated bypass; and

b. Any upset which 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, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/PollutionReportingForm.aspx.For reports outside normal working hours, leave a message and this shallfulfill the immediate reporting requirement. For emergencies, the VirginiaDepartment of Emergency Services 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 § 306of Clean Water Act which are applicable to such source; or

(2) After proposal of standards of performance in accordancewith § 306 of Clean Water Act which are applicable to such source, butonly if the standards are promulgated in accordance with § 306 within 120 daysof their proposal;

b. The alteration or addition could significantly change thenature or increase the quantity of pollutants discharged. This notificationapplies to pollutants which 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 disposal sites not reported during the permit applicationregistration process or not reported pursuant to an approved landapplication plan.

2. The permittee shall give advance notice to the departmentof any planned changes in the permitted facility or activity which may resultin noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statements. 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) themanager of one or more manufacturing, production, or operating facilities,provided the manager is authorized to make management decisions that govern theoperation of the regulated facility including having the explicit or implicitduty of making major capital investment recommendations, and initiating anddirecting other comprehensive measures to assure long-term environmentalcompliance with environmental laws and regulations; the manager can ensure thatthe necessary systems are established or actions taken to gather complete andaccurate 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 senior executiveofficer having responsibility for the overall operations of a principalgeographic unit of the agency.

2. Reports, etc and other information. Allreports required by permits, and other information requested by the board shallbe signed by a person described in Part II K 1, or by a duly authorizedrepresentative of that person. A person is a duly authorized representativeonly 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 hasresponsibility for the overall operation of the facility, a new authorizationsatisfying the requirements of Part II K 2 shall be submitted to the departmentprior to or together with any reports or information to be signed by anauthorized representative.

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 grounds forenforcement action; for permit coverage termination, revocation andreissuance, or modification; or denial of a permit coverage renewal application.

The permittee shall comply with effluent standards orprohibitions established under § 307(a) of the Clean Water Act for toxicpollutants and with standards for sewage sludge use or disposal establishedunder § 405(d) of the Clean Water Act within the time provided in theregulations that establish these standards or prohibitions or standards forsewage sludge use or disposal, even if this permit has not yet been modified toincorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue anactivity regulated by this permit after the expiration date of this permit, thepermittee shall apply for and obtain coverage under a new permit. Allpermittees with a currently effective permit coverage shallsubmit a new registration statement at least 30 days before the expiration dateof the existing permit, unless permission for a later date has been granted bythe board. The board shall not grant permission for registration statements tobe submitted later than the expiration date of the existing permit.

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 toany other state law or regulation or under authority preserved by § 510 of theClean Water Act. Except as provided in permit conditions on bypass (Part II U)and upset (Part II V), nothing in this permit shall be construed to relieve thepermittee from civil and 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) which are installed or used by thepermittee to achieve compliance with the conditions of this permit. Properoperation and maintenance also includes effective plant performance, adequatefunding, adequate staffing, and adequate laboratory and process controls,including appropriate quality assurance procedures. This provision requires theoperation of back-up or auxiliary facilities or similar systems which are installedby the permittee only when the operation is necessary to achieve compliancewith the conditions 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 which 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 which 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 Part II U 2 and U 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 least 10days 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, personalinjury, 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 which 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 in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an actionbrought for noncompliance with technology based permit effluent limitations ifthe requirements of Part II V 2 are met. A determination made duringadministrative review of claims that noncompliance was caused by upset, andbefore an action for noncompliance, is not a final administrative actionsubject 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 the cause(s)causes 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 to establishthe occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow thedirector, or an authorized representative, upon presentation of credentials andother documents 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 keptunder the 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 subsection, the time for inspectionshall be deemed reasonable during regular business hours, and orwhenever the facility is discharging. Nothing contained herein shall make aninspection unreasonable during an emergency.

X. Permit actions. Permits coverage may be modified,revoked and reissued, or terminated for cause. The filing of a request bythe permittee for a permit modification, revocation and reissuance,or coverage termination, or a notification of planned changesor anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits permit coverage.

1. Permits are Permit coverage is 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, Coverageunder this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department within 30days of the transfer of the title to the facility or property;

b. The notice includes a written agreement between the existingand new permittees containing a specific date for transfer of permitresponsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and theproposed new permittee of its intent to modify or revoke and reissue thepermit deny permit coverage. If this notice is not received, thetransfer is effective on the date specified in the agreement mentioned in PartII Y 2 b.

Z. Severability. The provisions of this permit are severable.If any provision of this permit or the application of any provision of thispermit to any circumstance is held invalid, the application of such provisionto other circumstances and the remainder of this permit shall not be affectedthereby.

VA.R. Doc. No. R16-4714; Filed August 1, 2017, 8:53 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.

Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-60).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Effective Date: September 20, 2017.

Agency Contact: William K. Norris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4019, or email william.norris@deq.virginia.gov.

Summary:

The amendments reflect the transfer of nitrogen wasteload allocation from the Virginia Electric Power Company (Dominion) to Tranlin, Inc. (Vastly) as identified in a memorandum of understanding dated April 5, 2017.

9VAC25-720-60. James River Basin.

EDITOR'S NOTE:Subsections A and B of 9VAC25-720-60 are not amended; therefore, the text of those subsections is not set out.

C. Nitrogen and phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal rivers.

The following table presents nitrogen and phosphorus wasteload allocations for the identified significant dischargers and the total nitrogen and total phosphorus wasteload allocations for the listed facilities.

Virginia Waterbody ID

Discharger Name

VPDES Permit No.

Total Nitrogen (TN) Wasteload Allocation (lbs/yr)

Total Phosphorus (TP) Wasteload Allocation (lbs/yr)

I37R

Buena Vista STP

VA0020991

41,115

3,426

I09R

Covington STP

VA0025542

54,820

4,568

H02R

Georgia Pacific

VA0003026

122,489

49,658

I37R

Lees Carpets

VA0004677

30,456

12,182

I35R

Lexington-Rockbridge WQCF

VA0088161

54,820

4,568

I09R

Low Moor STP

VA0027979

9,137

761

I09R

Lower Jackson River STP

VA0090671

63,957

5,330

I04R

MeadWestvaco

VA0003646

394,400

159,892

H12R

Amherst STP

VA0031321

10,964

914

H05R

BWX Technologies Inc.

VA0003697

187,000

1,523

H05R

Greif Inc.

VA0006408

73,246

29,694

H31R

Lake Monticello STP

VA0024945

18,182

1,515

H05R

Lynchburg STP1

VA0024970

536,019

33,501

H28R

Moores Creek Regional STP

VA0025518

274,100

22,842

H38R

Powhatan CC STP

VA0020699

8,588

716

J11R

Crewe WWTP

VA0020303

9,137

761

J01R

Farmville WWTP

VA0083135

43,856

3,655

G02E

The Sustainability Park, LLC

VA0002780

25,583

1,919

G01E

E I du Pont - Spruance

VA0004669

201,080

7,816

G01E

Falling Creek WWTP

VA0024996

153,801

15,380

G01E

Henrico County WWTP

VA0063690

1,142,085

114,209

G03E

Honeywell – Hopewell

VA0005291

1,090,798

51,592

G03R

Hopewell WWTP

VA0066630

1,827,336

76,139

G15E

HRSD – Boat Harbor STP

VA0081256

740,000

76,139

G11E

HRSD – James River STP

VA0081272

1,250,000

60,911

G10E

HRSD – Williamsburg STP

VA0081302

800,000

68,525

G02E

Philip Morris – Park 500

VA0026557

139,724

2,650

G01E

Proctors Creek WWTP

VA0060194

411,151

41,115

G01E

Richmond WWTP1

VA0063177

1,096,402

68,525

G02E

Dominion-Chesterfield2

VA0004146

352,036 272,036

210

J15R

South Central WW Authority

VA0025437

350,239

35,024

G07R

Chickahominy WWTP

VA0088480

6,167

123

G05R

Tyson Foods – Glen Allen

VA0004031

19,552

409

G11E

HRSD – Nansemond STP

VA0081299

750,000

91,367

G15E

HRSD – Army Base STP

VA0081230

610,000

54,820

G15E

HRSD – VIP WWTP

VA0081281

750,000

121,822

G15E

JH Miles & Company

VA0003263

153,500

21,500

C07E

HRSD – Ches.-Elizabeth STP

VA0081264

1,100,000

108,674

G01E

Tranlin/Vastly

80,000

                        

TOTALS

 

14,901,739

1,354,375

Notes:
1Wasteload allocations for localities served by combined sewers are based on dry weather design flow capacity. During wet weather flow events the discharge shall achieve a TN concentration of 8.0 mg/l and a TP concentration of 1.0 mg/l.

2Wasteload allocations are "net" loads, based on the portion of the nutrient discharge introduced by the facility's process waste streams, and not originating in raw water intake.

VA.R. Doc. No. R17-5124; Filed July 31, 2017, 10:49 a.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation

Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 14 of the Code of Virginia, which exempts adoption, amendment, or repeal of wasteload allocations by the State Water Control Board pursuant to State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) if the board (i) provides public notice in the Virginia Register; (ii) if requested by the public during the initial public notice 30-day comment period, forms an advisory group composed of relevant stakeholders; (iii) receives and provides summary response to written comments; and (iv) conducts at least one public meeting.

Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-60, 9VAC25-720-100, 9VAC25-720-110).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Effective Date: September 20, 2017.

Agency Contact: Mark Richards, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4392, FAX (804) 698-4032, or email mark.richards@deq.virginia.gov.

Summary:

The amendments revise seven existing total maximum daily load (TMDL) wasteload allocations and add 12 new TMDL wasteload allocations in the James River Basin (9VAC25-720-60 A), add two new TMDL wasteload allocations in the Chowan River -- Dismal Swamp River Basin (9VAC25-720-100 A), and revise two existing TMDL wasteload allocations and remove four TMDL wasteload allocations in the Chesapeake Bay -- Small Coastal -- Eastern Shore River Basin (9VAC25-720-110 A).

9VAC25-720-60. James River Basin.

A. Total maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Pheasanty Run

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Bath

I14R

Organic solids

1,231.00

LB/YR

2.

Wallace Mill Stream

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Augusta

I32R

Organic solids

2,814.00

LB/YR

3.

Montebello Sp. Branch

Benthic TMDL Reports for Six Impaired Stream Segments in the Potomac-Shenandoah and James River Basins

Nelson

H09R

Organic solids

37.00

LB/YR

4.

Unnamed tributary to Deep Creek

General Standard Total Maximum Daily Load for Unnamed Tributary to Deep Creek

Nottoway

J11R

Raw sewage

0

GAL/YR

5.

Unnamed tributary to Chickahominy River

Total Maximum Daily Load (TMDL) Development for the Unnamed Tributary to the Chickahominy River

Hanover

G05R

Total phosphorus

409.35

LB/YR

6.

Rivanna River

Benthic TMDL Development for the Rivanna River Watershed

Albemarle, Greene, Nelson, Orange

H27R,
H28R

Sediment

10,229

Lbs/Day

7.

Jackson River

Benthic TMDL Development for the Jackson River, Virginia

Alleghany, Bath, Highland

I04R, I09R

Total phosphorus

72,955

LB/GS2

8.

Jackson River

Benthic TMDL Development for the Jackson River, Virginia

Alleghany, Bath, Highland

I04R, I09R

Total nitrogen

220,134

LB/GS

9.

Little Calfpasture

Total Maximum Daily Load Development to Address a Benthic Impairment in the Little Calfpasture River, Rockbridge County, Virginia

Rockbridge

132R

Sediment

30.4

T/YR

10.

Phelps Branch

Phelps Branch Sediment TMDL Development Report for a Benthic Impairment in Appomattox County, Virginia

Appomattox

H06R

Sediment

115.7

T/YR

11.

Long Branch

Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia

Amherst

H11R

Sediment

16.2

T/YR

12.

Buffalo River

Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River in Amherst County, Virginia

Amherst

H11R

Sediment

306.4

T/YR

13.

Chickahominy River

Benthic TMDL Development for Chickahominy River, Virginia

Hanover, Henrico

G05R

Sediment

294.03

T/YR

14.

Colliers Creek

Bacteria TMDL Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment TMDL Development for Colliers Creek

Rockbridge

138R

Sediment

103.4

T/YR

15.

Angola Creek (1) - VAC-J06R_ANG01A00

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

16.

Angola Creek (2) - VAC-J06R_ANG02A00

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

17.

Horsepen Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland

J06

E. coli

0

cfu/year

18.

Little Sandy Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J03

E. coli

0

cfu/year

19.

Saylers Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J06

E. coli

0

cfu/year

20.

Spring Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J02

E. coli

0

cfu/year

21.

West Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Amelia

J11

E. coli

0

cfu/year

22.

Briery Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J05

E. coli

3.50E+09

cfu/year

23.

Bush River (1) - VAC-J04R_BSR02A02

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J04, J05

E. coli

3.50E+09

cfu/year

24.

Bush River (2) - VAC-J03R_BSR03A02

Total Maximum Daily Load Development for the Appomattox River Basin

Prince Edward

J03, J04, J05

E. coli

3.50E+09

cfu/year

25.

Swift Creek (1) - VAP-J16R_SFT01A00

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16

E. coli

8.37E+09

cfu/year

26.

Swift Creek (2) - VAP-J17R_SFT01B98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16, J17

E. coli

3.24E+11

cfu/year

27.

Swift Creek (3) - VAP-J17R_SFT01C98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield

J16, J17

E. coli

4.76E+11

cfu/year

28.

Flat Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Nottoway, Amelia

J08, J09

E. coli

5.24E+11

cfu/year

29.

Nibbs Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Amelia

J09

E. coli

5.24E+11

cfu/year

30.

Deep Creek

Total Maximum Daily Load Development for the Appomattox River Basin

Nottoway

J11

E. coli

8.71E+11

cfu/year

31.

Appomattox River (1) - VAC-J01R_APP03A02, VAC-J01R_APP04A02, VAC-J01R_APP05A04, VAC-J06R_APP05A02, VAP-J07R_APP01A98, VAP-J10R_APP01A98

Total Maximum Daily Load Development for the Appomattox River Basin

Cumberland, Powhatan, Amelia, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07

E. coli

1.07E+13

cfu/year

32.

Appomattox River (2), lower - VAP-J15R_APP01A98

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield, Cumberland, Powhatan, Nottoway, Amelia, Dinwiddie, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15

E. coli

1.66E+13

cfu/year

33.

Appomattox River and tributaries, lower tidal (3) - VAP-J15E_APP01A98, VAP-J15E_APP02A98, VAP-J15E_APP02B12

Total Maximum Daily Load Development for the Appomattox River Basin

Chesterfield, Cumberland, Nottoway, Petersburg, Amelia, Colonial Heights, Prince Edward, Appomattox

J01, J02, J03, J04, J05, J06, J07, J08, J09, J10, J11, J12, J13, J14, J15, J16, J17

E. coli

7.47E+13

cfu/year

34.

Bear Garden Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Bear Garden Creek Watershed

Buckingham

H20

E. coli

3.15E+08

cfu/day

35.

Stonewall Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H05

E. coli

9.28E+10

cfu/year

36.

Bent Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H07

E. coli

2.26E+11

cfu/year

37.

North Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H06

E. coli

2.96E+11

cfu/year

38.

Wreck Island Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Appomattox

H06

E. coli

8.76E+11

cfu/year

39.

Walkers Ford Creek

Bacteria Total Maximum Daily Load Development for Bent Creek, North Creek, Stonewall Creek, Walkers Ford Creek, and Wreck Island Creek

Amherst

H05

E. coli

8.90E+11

cfu/year

40.

Bleakhorn Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

2.66E+09

MPN/day

41.

Knotts Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

1.07E+10

MPN/day

42.

Bennett Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments

Suffolk

G13

Fecal coliform

6.37E+10

MPN/day

43.

Chickahominy River and tributaries

E. coli TMDL Development for Chickahominy River and Tributaries

New Kent, Henrico, Charles City, Hanover

G05, G06, G07

E. coli

2.41E+12

cfu/year

44.

Chuckatuck Creek and Brewers Creek

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Chuckatuck Creek and Brewers Creek Watershed

Isle of Wight

G11

Fecal coliform

4.79E+11

MPN/day

45.

Paradise Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Portsmouth

G15

Enterococci

5.04E+11

cfu/day

46.

Lafayette River, upper

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Norfolk

G15

Enterococci

1.05E+13

cfu/day

47.

Lower and Upper Western Branch, Elizabeth River

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Chesapeake, Portsmouth

G15

Enterococci

2.00E+13

cfu/day

48.

Upper Mainstem, Lower Southern Branch, Lower Eastern Branch Elizabeth River, Broad Creek, Indian River

Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed

Chesapeake, Portsmouth, Norfolk

G15, K39

Enterococci

5.78E+13

cfu/day

49.

Fourmile Creek

Bacteria TMDL for Fourmile Creek

Henrico

G02

E. coli

3.99E+10

cfu/year

50.

Hardware River, North Fork

Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River

Albemarle

H18

E. coli

0.06E+12

cfu/year

51.

Hardware River

Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River

Fluvanna, Albemarle

H18, H19

E. coli

0.02E+13

cfu/year

52.

Walker Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Rockbridge

I34

E. coli

6.00E+10

cfu/year

53.

Otts Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Augusta

I34

E. coli

9.00E+10

cfu/year

54.

Hays Creek

Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek

Rockbridge

I34

E. coli

2.00E+11

cfu/year

55.

Hoffler Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Hoffler Creek Watershed

Portsmouth

G15

Enterococci

5.39E+11

cfu/day

56.

Powell Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George

G03

E. coli

6.12E+10

cfu/year

57.

Bailey Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George

G03

E. coli

1.62E+11

cfu/year

58.

Bailey Bay, Bailey Creek, Cattail Creek

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George, Hopewell

G03

E. coli

8.47E+12

cfu/year

59.

James River

Bacteria Total Maximum Daily Load Development for the James River - Hopewell to Westover

Prince George, Charles City, Hopewell

G03

E. coli

8.67E+14

cfu/year

60.

Austin Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

1.62E+10

cfu/year

61.

Fisby Branch

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

2.15E+10

cfu/year

62.

Rock Island Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H17

E. coli

3.38E+10

cfu/year

63.

Slate River, upper

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

4.22E+10

cfu/year

64.

Troublesome Creek

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

5.23E+10

cfu/year

65.

North River

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21

E. coli

5.52E+10

cfu/year

66.

Ballinger Creek

Total Maximum Daily Load Development for the James River Basin

Albemarle

H17

E. coli

5.75E+10

cfu/year

67.

Totier Creek

Total Maximum Daily Load Development for the James River Basin

Albemarle

H17

E. coli

1.62E+11

cfu/year

68.

Slate River, lower

Total Maximum Daily Load Development for the James River Basin

Buckingham

H21, H22

E. coli

3.19E+12

cfu/year

69.

Fine Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Powhatan

H38

E. coli

3.66E+10

cfu/year

70.

Big Lickinghole Creek, Little Lickinghole Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland

H37

E. coli

7.94E+10

cfu/year

71.

Byrd Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland, Fluvanna

H34

E. coli

1.08E+11

cfu/year

72.

Upper James River

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Cumberland, Fluvanna, Powhatan, Goochland

H33, H34, H37

E. coli

3.50E+11

cfu/year

73.

Beaverdam Creek

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Goochland

H38

E. coli

1.60E+12

cfu/year

74.

Lower James River, lower

Total Maximum Daily Load Development for the James River and Tributaries - Lower Piedmont Region

Cumberland, Fluvanna, Powhatan, Goochland

H33, H34, H37, H38

E. coli

8.20E+12

cfu/year

75.

No Name Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield

G01

E. coli

4.66E+11

cfu/year

76.

Bernards Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Powhatan

H39

E. coli

1.67E+12

cfu/year

77.

Goode Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Richmond City

G01

E. coli

2.52E+12

cfu/year

78.

Gillies Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City

G01

E. coli

2.93E+12

cfu/year

79.

Powhite Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield

H39

E. coli

3.34E+12

cfu/year

80.

Almond Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico

G01

E. coli

4.39E+12

cfu/year

81.

Falling Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Chesterfield, Richmond City

G01

E. coli

1.64E+13

cfu/year

82.

Reedy Creek

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Richmond City

H39

E. coli

8.23E+13

cfu/year

83.

Tidal James River, tidal

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City, Goochland, Powhatan, Chesterfield

G01, G02, H39

E. coli

3.76E+14

cfu/year

84.

Lower James River, lower

Bacterial Total Maximum Daily Load Development for the James River and Tributaries - City of Richmond

Henrico, Richmond City, Goochland, Powhatan, Chesterfield

H39

E. coli

3.06E+15

cfu/year

85.

Ivy Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Lynchburg, Bedford

H03

E. coli

6.25E+11 4.07E+12

cfu/year

86.

Burton Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Lynchburg, Campbell

H03

E. coli

7.37E+11 3.47E+12

cfu/year

87.

Judith Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Lynchburg, Bedford

H03

E. coli

8.31E+11 3.26E+11

cfu/year

88.

Tomahawk Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Bedford, Campbell, Lynchburg

H03

E. coli

8.34E+11 1.01E+12

cfu/year

89.

Fishing Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Lynchburg

H03

E. coli

1.03E+12 3.76E+13

cfu/year

90.

Blackwater Creek

Bacteria Total Maximum Daily Load Development for the James River Basin E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Lynchburg

H03

E. coli

3.06E+12 3.61E+14

cfu/year

91.

James River, lower

Bacteria Total Maximum Daily Load Development for the James River Basin E.coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Amherst, Bedford, Campbell, Lynchburg

H01, H02, H03, H04, H05

E. coli

2.75E+14 1.33E+15

cfu/year

92.

Baptist Run

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

York

G11

E. coli

3.89E+09

cfu/year

93.

Deep Creek

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

Newport News

G11, C07

Enterococci

5.59E+12

cfu/year

94.

Skiffes Creek

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

James City

G11

Fecal coliform

2.46E+12

cfu/year

95.

James River, Warwick River

Fecal Bacteria Total Maximum Daily Load Development for Warwick River

Newport News, York

G11

Fecal coliform

3.04E+12

cfu/year

96.

Kings Creek and Bay

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds

Isle of Wight

G11

Fecal coliform

1.23E+09

counts/day

97.

Ballard Creek and Bay

Shellfish Bacteria Total Maximum Daily Load (TMDL) Development Kings Creek and Bay and Ballard Creek and Bay Watersheds

Isle of Wight

G11

Fecal coliform

1.64E+09

counts/day

98.

Lawnes Creek

TMDL Report for Chesapeake Bay Shellfish Waters: Lawnes Creek Bacterial Impairment

Surry

G11

Fecal coliform

5.94E+08

MPN/day

99.

Looney Creek

Bacteria TMDL for Looney Creek

Botetourt

I26

E. coli

1.84E+10

cfu/year

100.

Buffalo Creek, South Fork

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Botetourt, Rockbridge

I38

E. coli

2.01E+11

cfu/year

101.

Colliers Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

4.75E+11

cfu/year

102.

Cedar Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I28

E. coli

5.01E+11

cfu/year

103.

Buffalo Creek, North Fork

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

6.52E+11

cfu/year

104.

Buffalo Creek

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Rockbridge

I38

E. coli

1.91E+12

cfu/year

105.

Maury River

Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek

Buena Vista, Rockbridge

I37, I38

E. coli

2.98E+13

cfu/year

106.

Powhatan Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

E. coli

1.78E+13

cfu/year

107.

Mill Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

Enterococci

3.63E+12

cfu/year

108.

Powhatan Creek

Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek

James City

G10

Enterococci

7.24E+12

cfu/year

109.

Moores Creek

Development of the Total Maximum Daily Load (TMDL) for Fecal Coliform Bacteria in Moore's Creek, Albemarle County, Virginia

Charlottesville, Albemarle

H28

Fecal coliform

3.30E+13

cfu/year

110.

Morris Creek

Morris Creek (tidal), Charles City County Total Maximum Daily Load for Bacteria Contamination Impaired for Recreational Use

Charles City

G08

Enterococci

2.92E+10

cfu/day

111.

Shingle Creek

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G13, K39

Fecal coliform

2.78E+09

cfu/year

112.

Nansemond River, upper and middle

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Isle of Wight, Suffolk

G12, G13, G14

Fecal coliform

3.89E+10

cfu/year

113.

Shingle Creek

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G13, K39

Enterococci

2.19E+10

cfu/year

114.

Nansemond River, upper

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Isle of Wight, Suffolk

G12, G13, G14

Enterococci

9.99E+10

cfu/year

115.

Nansemond River (Lake Meade)

Fecal Bacteria Total Maximum Daily Load for the Nansemond River

Suffolk

G12, G13

Enterococci

9.99E+10

cfu/year

116.

Pagan River, middle and upper

Fecal Bacteria Total Maximum Daily Load Development for Pagan River

Isle of Wight

G11

Enterococci

3.01E+12

cfu/year

117.

Pagan River and Jones Creek

Fecal Bacteria Total Maximum Daily Load Development for Pagan River

Isle of Wight

G11

Fecal coliform

2.15E+12

cfu/year

118.

Lower Reed Creek, lower

Bacteria TMDL for Reed Creek

Bedford

H01

E. coli

0

cfu/year

119.

Beaver Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Albemarle

H23

E. coli

3.29E+10

cfu/year

120.

Mechums River

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Albemarle

H23

E. coli

3.31E+10

cfu/year

121.

Preddy Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Greene, Albemarle

H27

E. coli

2.43E+11

cfu/year

122.

Rivanna River, North Fork

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Greene, Albemarle

H27

E. coli

2.15E+12

cfu/year

123.

Meadow Creek

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Charlottesville

H28

E. coli

3.89E+12

cfu/year

124.

Rivanna River

Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds

Charlottesville, Albemarle, Greene

H23, H24, H25, H26, H27, H28

E. coli

4.93E+12

cfu/year

125.

Rockfish River, North Fork

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15

E. coli

8.44E+11

cfu/year

126.

Rockfish River, South Fork

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15

E. coli

4.40E+12

cfu/year

127.

Rockfish River

Bacteria Total Maximum Daily Load Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River

Nelson

H15, H16

E. coli

5.76E+12

cfu/year

128.

Tuckahoe Creek and tributaries

Bacteria TMDL for Tuckahoe Creek, Little Tuckahoe Creek, Anderson, Broad, Georges and Readers Branches, and Deep Run

Henrico, Goochland

H39

E. coli

1.05E+13

cfu/year

129.

Turner Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H12

E. coli

1.57E+11

cfu/year

130.

Mill Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H11

E. coli

2.08E+11

cfu/year

131.

Hat Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Nelson

H09

E. coli

6.02E+11

cfu/year

132.

Rutledge Creek

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H12

E. coli

1.15E+12

cfu/year

133.

Rucker Run

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Nelson

H13

E. coli

1.32E+12

cfu/year

134.

Piney River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst, Nelson

H10

E. coli

2.44E+12

cfu/year

135.

Buffalo River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst

H11, H12

E. coli

2.54E+12

cfu/year

136.

Tye River

Bacteria Total Maximum Daily Load Development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River and Tye River

Amherst, Nelson

H09, H10, H11, H12, H13

E. coli

1.33E+13

cfu/year

137.

Upham Brook and tributaries

Total Maximum Daily Load Development for the Upham Brook Watershed

Henrico, Richmond City

G05

E. coli

8.04E+10

cfu/year

138.

White Oak Swamp

Bacteria TMDL for White Oak Swamp

Henrico

G06

E. coli

1.58E+12

cfu/year

139.

Willis River and tributaries

Fecal coliform TMDL Development for Willis River

Cumberland, Buckingham

H35, H36

Fecal coliform

3.15E+11

cfu/year

140.

North Creek

Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed

Fluvanna

H20R

Sediment

7.29

tons/yr

141.

North Creek

Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed

Fluvanna

H20R

Total phosphorus

187.3

lbs/yr

142.

Turkey Island Creek

Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed

Henrico, Charles City

G02R

E. coli

4.31E+11

cfu/year

143.

James River from Westover to Chippokes Point

Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed

Charles City, Prince George

G02R, G04R

E. coli

4.25E+13

cfu/year

144.

James River from Chippokes Point to Claremont

Bacteria TMDL Development for the Turkey Island Creek and James River Westover to Claremont Watershed

Prince George, Surry

G04E, G04R

E. coli

4.99E+13

cfu/year

145.

Moores Creek

Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch

Albemarle,
City of Charlottesville

H28

Sediment

809.48

tons/yr

146.

Lodge Creek

Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch

Albemarle,
City of Charlottesville

H28

Sediment

46.25

tons/yr

147.

Meadow Creek

Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch

Albemarle,
City of Charlottesville

H28

Sediment

452.33

tons/yr

148.

Schenks Branch

Sediment TMDLs for Moores Creek, Lodge Creek, Meadow Creek, and Schenks Branch

City of Charlottesville

H28

Sediment

134.52

tons/yr

149.

James River, upper

E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Amherst, Bedford

H01R, I28R

E. coli

2.27E+11

cfu/year

150.

Beaver Creek

E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Campbell

H05R

E. coli

3.26E+11

cfu/year

151.

Pedlar River

E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Amherst

H02R

E. coli

7.86E+11

cfu/year

152.

Harris Creek

E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA

Amherst

H04R

E. coli

1.02E+13

cfu/year

153.

Diascund Creek, nontidal

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

New Kent

G09R

E. coli

2.51E+11

cfu/year

154.

Beaverdam Creek

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

New Kent

G09R

E. coli

1.27E+11

cfu/year

155.

Unnamed tributary to Beaverdam Creek (SAH)

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

New Kent

G09R

E. coli

4.52E+10

cfu/year

156.

Barrows Creek

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

Charles City

G08R

E. coli

6.90E+10

cfu/year

157.

Mill Creek

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

James City

G08R

E. coli

9.90E+11

cfu/year

158.

Diascund Creek, tidal

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

New Kent, James City

G08E

Enterococci

7.12E+12

cfu/year

159.

Chickahominy River

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

New Kent, James City, Charles City

G08E

Enterococci

9.57E+13

cfu/year

160.

Gordon Creek

Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA

James City

G08E

Enterococci

6.15E+12

cfu/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

2GS means growing season.

EDITOR'S NOTE: Subsections B and C of 9VAC25-720-60 are not amended; therefore, the text of those subsections is not set out.

9VAC25-720-100. Chowan River -- Dismal Swamp River Basin.

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Unnamed tributary to Hurricane Branch

Benthic TMDL for Hurricane Branch Unnamed Tributary, Virginia

Nottoway

K16R

Sediment

60.9

T/YR

2.

Spring Branch

Total Maximum Daily Load Development for Spring Branch

Sussex

K32R

Phosphorus

145.82

KG/YR

3.

Albemarle Canal/North Landing River

Total Maximum Daily Load Development for Albemarle Canal/North Landing River, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment

Chesapeake, Virginia Beach

K41R

Phosphorus

989.96

KG/YR

4.

Northwest River Watershed

Total Maximum Daily Load Development for the Northwest River Watershed, A Total Phosphorus TMDL Due to Low Dissolved Oxygen Impairment

Chesapeake, Virginia Beach

K40R

Phosphorus

3,262.86

KG/YR

5.

Assamoosick Swamp and tributaries

E. coli Total Maximum Daily Load Development for Assamoosick Swamp & Tributaries

Sussex

K29

E. coli

6.27E+12

cfu/year

6.

Coppahaunk Swamp, UT

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Sussex

K32

E. coli

1.87E+09

cfu/year

7.

Otterdam Swamp

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Surry

K32

E. coli

1.96E+10

cfu/year

8.

Blackwater Swamp, Warwick Swamp, Second Swamp

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Prince George, Petersburg

K31

E. coli

1.27E+12

cfu/year

9.

Blackwater River

E. coli Total Maximum Daily Load Development for Blackwater River & Tributaries

Sussex, Prince George, Surry

K31, K32

E. coli

1.67E+13

cfu/year

10.

Milldam Creek

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

E. coli

0

cfu/year

11.

West Neck Creek, middle

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

E. coli

0

cfu/year

12.

Nawney Creek

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K42

Enterococci

0

cfu/year

13.

West Neck Creek, upper

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41

Enterococci

1.88E+13

cfu/year

14.

London Bridge Creek and Canal #2

Development of Bacterial TMDLs for the Virginia Beach Coastal Area

Virginia Beach

K41, C08

Enterococci

2.17E+13

cfu/year

15.

Beaver Pond Creek

Development of Bacterial TMDLs for the Chowan Study Area

Dinwiddie

K16

E. coli

0

cfu/year

16.

Mill Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Surry

K34

E. coli

0

cfu/year

17.

Nottoway River

Development of Bacterial TMDLs for the Chowan Study Area

Lunenburg

K14

E. coli

0

cfu/year

18.

Raccoon Creek

Development of Bacterial TMDLs for the Chowan Study Area

Sussex

K25

E. coli

0

cfu/year

19.

Rattlesnake Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Isle of Wight, Surry

K34

E. coli

0

cfu/year

20.

Cypress Swamp

Development of Bacterial TMDLs for the Chowan Study Area

Surry

K32

E. coli

2.26E+11

cfu/year

21.

Little Nottoway River

Development of Bacterial TMDLs for the Chowan Study Area

Nottoway

K15

E. coli

6.54E+11

cfu/year

22.

Big Hounds Creek

Development of Bacterial TMDLs for the Chowan Study Area

Lunenburg

K14

E. coli

6.96E+11

cfu/year

23.

Broad Branch

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

5.14E+08

cfu/day

24.

Flat Rock Creek

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

2.64E+09

cfu/day

25.

Flat Rock Creek, upper

Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch

Lunenburg

K03

E. coli

1.32E+10

cfu/day

26.

Fontaine Creek

E. coli Total Maximum Daily Load Development for Fontaine Creek

Brunswick, Greensville

K10, K11, K12

E. coli

3.77E+12

cfu/year

27.

Unnamed tributary to Nebletts Mill Run

E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run

Sussex

K23

E. coli

1.22E+10

cfu/year

28.

Hatcher Run

E. coli Total Maximum Daily Load Development for Unnamed Tributary to Nebletts Mill Run and Hatcher Run

Dinwiddie

K23

E. coli

1.31E+11

cfu/year

29.

North Meherrin River

Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries

Lunenburg

K02

E. coli

3.25E+12

cfu/year

30.

Meherrin River including Briery Branch, Genito Creek, and Great Creek

Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries

Mecklenburg, Brunswick, Lunenburg

K01, K02, K03, K04, K05, K06, K07, K08

E. coli

9.90E+12

cfu/year

31.

Roses Creek

Bacteria TMDL for Roses Creek Watershed

Brunswick

K07

E. coli

4.35E+12

cfu/year

32.

Flat Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K13

E. coli

0

cfu/year

33.

Tarrara Creek

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K13

E. coli

0

cfu/year

34.

Three Creek (K26R-03)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Greensville

K26

E. coli

5.00E+09

cfu/year

35.

Mill Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K28

E. coli

1.93E+11

cfu/year

36.

Darden Mill Swamp

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Southampton

K30

E. coli

4.10E+11

cfu/year

37.

Three Creek (K26R-02)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Greensville

K26

E. coli

9.53E+12

cfu/year

38.

Three Creek (K27R-02)

Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run

Sussex, Southampton, Greensville

K26, K27

E. coli

1.43E+13

cfu/year

39.

Pocaty River

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K41R

Total phosphorus

129.39

kg/yr

40.

Ashville Bridge Creek

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K42E

Total phosphorus

34.46

kg/yr

41.

North Landing River

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K41R

E. coli

6.25E+12

cfu/yr

42.

Pocaty River

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K41R

E. coli

2.58E+12

cfu/yr

43.

Beggars Bridge Creek

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K42E

Enterococci

6.79E+11

cfu/yr

44.

Ashville Bridge Creek and Muddy Creek

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K42E

Enterococci

7.95E+11

cfu/yr

45.

Hell Point Creek, upper and Hell Point Creek, lower

Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds

Chesapeake, Virginia Beach

K42E

Enterococci

2.04E+12

cfu/yr

46.

Kits Creek

Benthic Total Maximum Daily Load (TMDL) Development for the Kits Creek Watershed

Lunenburg

K02R

Sediment

2.96

ton/year

47.

Kits Creek

Benthic Total Maximum Daily Load (TMDL) Development for the Kits Creek Watershed

Lunenburg

K02R

Total phosphorus

13.1

lbs/year

Notes:
1The total WLA can be increased prior to modification provided that DEQ tracks these changes for bacteria TMDLs where the permit is consistent with water quality standards for bacteria.

9VAC25-720-110. Chesapeake Bay -- Small Coastal -- Eastern Shore River Basin.

A. Total maximum daily loads (TMDLs).

TMDL #

Stream Name

TMDL Title

City/County

WBID

Pollutant

WLA1

Units

1.

Parker Creek

Benthic Total Maximum Daily Load (TMDL) Development for Parker Creek, Virginia

Accomack

D03E

Total phosphorus

664.2

LB/YR

2.

Pettit Branch

Benthic Total Maximum Daily Load (TMDL) Development for the Pettit Branch Watershed

Accomack

D02R

Total phosphorus

0.01

LB/D

3.

Mill Creek

Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia

Northampton

D06R

Organic carbon as TC

0.31

LB/D

4.

Mill Creek

Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia

Northampton

D06R

Nutrients as TN

0.10

LB/D

5.

Folly Creek

Total Maximum Daily Loads of Pathogens for Folly Creek in Accomack County, Virginia

Accomack

D03E

Total nitrogen

2.6

LBS/D

6.

Gargathy Creek

Total Maximum Daily Loads of Dissolved Oxygen and Pathogens for Gargathy Creek (Upper, Lower, and Riverine Portions) in Accomack County, Virginia

Accomack

D03E

Total nitrogen

1.9

LBS/D

7.

Assawoman Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Assawoman Creek Watershed

Accomack

D02

Fecal coliform

1.12E+09

MPN/day

8.

Back River

Total Maximum Daily Loads of Bacteria for Back River

Hampton, Poquoson, York

C07

Fecal coliform

3.87E+14

counts/year

9.

Barlow Creek (#191)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks

Northampton

C14

Fecal coliform

N/A2

MPN/day

10.

Jacobus Creek (#9D)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Barlow and Jacobus Creeks

Northampton

C14

Fecal coliform

N/A2

MPN/day

11.

Jackson Creek (84A)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks

Middlesex

C03

Fecal coliform

N/A2

MPN/day

12.

Jackson Creek (84B)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Broad and Jackson Creeks

Middlesex

C03

Fecal coliform

N/A2

MPN/day

13.

Browns Bay

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek

Gloucester

C06

Fecal coliform

N/A2

MPN/day

14.

Monday Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Browns Bay and Monday Creek

Gloucester

C06

Fecal coliform

N/A2

MPN/day

15.

Cherrystone Inlet, Kings Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Cherrystone Inlet

Northampton

C15, C16

Fecal coliform

N/A2

MPN/day

16.

Chesconessex Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesconessex Creek

Accomack

C11

Fecal coliform

N/A2

MPN/day

17.

Cockrell Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Cockrell Creek

Northumberland

C01

Fecal coliform

5.98E+10

MPN/day

18.

Craddock Creek (A)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination

Accomack

C13

Fecal coliform

N/A2

MPN/day

19.

Bagwell Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

20.

Deep Creek (#138A)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

21.

Hunting Creek (#138C)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Deep, Hunting and Bagwell Creeks

Accomack

C10

Fecal coliform

N/A2

MPN/day

22.

Dividing Creek (22A)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

23.

Prentice Creek (22C)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

24.

Prentice Creek (22D)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

25.

Unnamed cove of Dividing Creek (22B)

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination - Dividing Creek

Northumberland

C01

Fecal coliform

N/A2

MPN/day

26.

East River

Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek

Mathews

C04

Fecal coliform

N/A2

MPN/day

27.

Put In Creek

Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria - East River and Put in Creek

Mathews

C04

Fecal coliform

N/A2

MPN/day

28.

Finney Creek, upper

Total Maximum Daily Loads of Pathogens for Finney Creek

Accomack

D03

Enterococci

7.97E+07

cfu/day

29.

Rattrap Creek

Total Maximum Daily Loads of Pathogens for Finney Creek

Accomack

D03

Enterococci

2.08E+08

cfu/day

30.

Folly Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Folly Creek

Accomack

D03

Fecal coliform

N/A2

MPN/day

31.

Gargathy Creek, riverine

Total Maximum Daily Loads of DO and Pathogens for Gargathy Creek (-Upper, -Lower, and Riverine Portions)

Accomack

D03

E. coli

1.80E+08

cfu/day

32.

Balls Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

33.

Great Wicomico River

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

34.

Tipers Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

35.

Warehouse Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01, A34

Fecal coliform

N/A2

MPN/day

36.

Whays Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Great Wicomico River

Northumberland

C01

Fecal coliform

N/A2

MPN/day

37.

Guilford Creek (#176B)

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks

Accomack

C10

Fecal coliform

None2

MPN/day

38.

Young Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Messongo and Guilford Creeks

Accomack

C10

Fecal coliform

None2

MPN/day

39.

Holdens Creek, upper and lower

Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch

Accomack

C10

Fecal coliform

N/A2

counts/day

40.

Sandy Bottom Branch and UT to Sandy Bottom Branch

Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch

Accomack

C10

E. coli

4.80E+09

cfu/day

41.

Davis Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

42.

Doctors Creek

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

43.

Horn Harbor

Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination - Chesapeake Bay: Horn Harbor, Doctors and Davis Creek Watersheds

Mathews

C04

Fecal coliform

N/A2

MPN/day

44.

Hungars Creek

Bacteria Total Maximum Daily Load (TMDL) Development for the Hungars Creek Watershed

Northampton

C14

Fecal coliform

5.44E+08

MPN/day

45.

Indian Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Enterococci

6.76E+08

cfu/day

46.

Davenport Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.38E+08

MPN/day

47.

Long Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

3.17E+08

MPN/day

48.

Lees Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

2.51E+08

MPN/day

49.

Georges Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

7.01E+08

MPN/day

50.

Hunts Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.05E+09

MPN/day

51.

Ashley Cove

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

1.17E+09

MPN/day

52.

Bells Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

1.25E+09

MPN/day

53.

Henrys Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

2.13E+09

MPN/day

54.

Barnes Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Northumberland

C01

Fecal coliform

3.65E+09

MPN/day

55.

Tabbs Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01

Fecal coliform

5.36E+09

MPN/day

56.

Dymer Creek

Indian, Tabbs, Dymer, and Antipoison Creeks Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution

Lancaster

C01