TITLE 9. ENVIRONMENT
                REGISTRAR'S  NOTICE: The following regulation filed by the State Water Control Board is  exempt from the Administrative Process Act in accordance with § 2.2-4006 A 9 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, 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: 9VAC25-190. Virginia Pollutant  Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic  Mineral Mining (amending 9VAC25-190-10, 9VAC25-190-20,  9VAC25-190-50, 9VAC25-190-60, 9VAC25-190-70; adding 9VAC25-190-65).
    Statutory Authority: § 62.1-44.15 of the Code of  Virginia; § 402 of the Clean Water Act; and 40 CFR Parts 122, 123, and  124. 
    Effective Date: June 24, 2009. 
    Agency Contact: George Cosby, Department of  Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4067, FAX (804) 698-4032, or email gecosby@deq.virginia.gov.
    Summary:
    The regulation sets forth standard language for effluent  limitations and monitoring requirements necessary to regulate the discharge of  wastewater from nonmetallic mineral mining. The existing general permit expires  on June 30, 2009. The general permit is being reissued in order to continue  making it available for nonmetallic mineral mining operations after that date.  Revisions include the addition of language defining vehicle and equipment  washing and the addition of provisions concerning the discharge to waters where  a total maximum daily load has been developed and approved by the U.S.  Environmental Protection Agency.
    Changes from the proposed are in response to comments from  the U.S. Environmental Protection Agency. Among other things, a new section  (9VAC25-190-65) is added to detail requirements for termination of coverage and  language is added to clarify the applicability of total maximum daily load  language and to address Virginia's antidegradation policy.
    9VAC25-190-10. Definitions. 
    The words and terms used in this chapter shall have the  meanings defined in the State Water Control Law Chapter 3.1 (§ 62.1-44.2 et  seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant  Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31-10 et seq.)  unless the context clearly indicates otherwise. Additionally, for the purposes  of this chapter: 
    "Co-located "Colocated facility"  means an industrial activity other than mineral mining operating on a site  where the primary industrial activity is mineral mining. Such an activity must  have wastewater characteristics similar to those of the mineral mine and be  located within the permitted mining area. The term refers to activities that  are commonly found at mining sites such as manufacturing of ready-mix concrete  (SIC Code 3273), concrete products (SIC Codes 3271 and 3272), and asphalt  paving materials (SIC Code 2951) except asphalt emulsion manufacturing. It does  not mean industrial activity that is specifically excluded from this permit. 
    "Industrial activity" means activity associated  with mineral mining facilities generally identified by SIC Major Group 14  including active or inactive mining operations that discharge storm water that  has come into contact with any overburden, raw material, intermediate products,  finished products, by-products or waste products located on the site of such  operations. (Inactive mining operations are mining sites that are not being  actively mined, but which have an identifiable owner/operator; inactive mining  sites do not include sites where mining claims are being maintained prior to  disturbances associated with the extraction, beneficiation, or processing of  mined materials, nor sites where minimal activities are undertaken for the sole  purpose of maintaining a mining claim.) Industrial activity also includes  facilities classified under other SIC codes that may be colocated within the  mineral mine permit area, unless they are expressly excluded by this general  permit. 
    "Permittee" means the owner of a nonmetallic  mineral mine covered under this general permit. 
    "Process wastewater" means any wastewater used in  the slurry transport of mined material, air emissions control, or processing  exclusive of mining, and any other water that becomes commingled with such  wastewater in a pit, pond, lagoon, mine, or other facility used for treatment  of such wastewater. It includes mine pit dewatering, water used in the process  of washing stone, noncontact cooling water, wastewater from vehicle/equipment  washing activities, return water from operations where mined material is  dredged and miscellaneous plant cleanup wastewaters. 
    "Run-off coefficient" means the fraction of total  rainfall that will appear at the conveyance as run-off. 
    "SIC" means the Standard Industrial Classification  Code or Industrial Grouping from the U.S. Office of Management and Budget  Standard Industrial Classification Manual, 1987 Edition. 
    "Significant materials" includes, but is not  limited to, raw materials; fuels; materials such as solvents, detergents, and  plastic pellets; finished materials such as metallic products; raw materials  used in food processing or production; hazardous substances designated under  Section 101(14) of the Comprehensive Environmental Response, Compensation and  Liability Act (CERCLA) (42 USC § 9601 et seq.); any chemical the owner is  required to report pursuant to Section 313 of the Emergency Planning and  Community Right-to-Know Act (EPCRA) (42 USC § 11001 et seq.); fertilizers;  pesticides; and waste products such as ashes, slag and sludge (including pond  sediments) that have the potential to be released with storm water discharges. 
    "Storm water" means storm water run-off, snow melt  run-off, and surface run-off and drainage. 
    "Storm water discharge associated with industrial  activity" means the discharge from any conveyance which is used for  collecting and conveying storm water and which is directly related to manufacturing,  processing or raw materials storage areas at an industrial plant. The term does  not include discharges from facilities or activities excluded from the VPDES  program under 9VAC25-31-10 et seq 9VAC25-31. For the categories  of industries identified in the "industrial activity" definition, the  term includes, but is not limited to, storm water discharges from industrial  plant yards; immediate access roads and rail lines used or traveled by carriers  of raw materials, manufactured products, waste material, or by-products used or  created by the mineral mine; material handling sites; refuse sites; sites used  for the application or disposal of process wastewaters; sites used for the  storage and maintenance of material handling equipment; sites used for residual  treatment, storage, or disposal; shipping and receiving areas; manufacturing  buildings; storage areas (including tank farms) for raw materials, and  intermediate and finished products; and areas where industrial activity has  taken place in the past and significant materials remain and are exposed to  storm water. For the purposes of this paragraph, material handling activities  include the storage, loading and unloading, transportation, or conveyance of  any raw material, intermediate product, finished product, by-product or waste  product. The term excludes areas located on plant lands separate from the  plant's industrial activities, such as office buildings and accompanying  parking lots as long as the drainage from the excluded areas is not mixed with  storm water drained from the above described areas.
    "Vehicle/equipment washing" means the washing  with detergents or steam cleaning of engines and other drive components in  which the purpose is to clean and degrease the equipment for maintenance and  other purposes. The application of water without detergent to a vehicle  exterior for the purpose of removing sediment is excluded. 
    9VAC25-190-20. Purpose; delegation of authority; effective date  of permit.
    A. The purpose of this chapter is to establish General Permit  Number VAG84 to regulate wastewater discharge from nonmetallic mineral mines as  follows:
    1. For active and inactive nonmetallic mineral mining  facilities in SIC Major Group 14, this general permit covers discharges  composed entirely of storm water associated with industrial activity.
    2. This general permit authorizes the discharge of process  wastewater as well as storm water associated with industrial activity from  active and inactive mineral mines classified under Standard Industrial  Classification Codes 1411, 1422, 1423, 1429, 1442, 1455, 1459 excluding  bentonite and magnesite mines, 1475, and 1499 excluding gypsum, graphite,  asbestos, diatomite, jade, novaculite, wollastonite, tripoli or asphaltic  mineral mines. 
    3. Coal mining, metal mining, and oil and gas extraction are  not covered by this general permit. 
    B. The director, or an authorized representative, may perform  any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia. 
    C. This general permit will become effective on July 1,  2004 July 1, 2009, and will expire five years after the effective  date. For any covered owner, this general permit is effective upon compliance  with all the provisions of 9VAC25-190-50 and the receipt of this general permit.  
    9VAC25-190-50. Authorization to discharge.
    A. Any owner governed by this general permit is authorized by  this to discharge to surface waters of the Commonwealth of Virginia provided  that the owner files a registration statement as described in 9VAC25-190-60  that is accepted by the board, files the required permit fee, complies with the  effluent limitations and other requirements of 9VAC25-190-70, and provided  that: 
    1. The owner shall not have been required to obtain an  individual permit as may be required in the VPDES permit regulation (9VAC25-31-10  et seq.); (9VAC25-31).
    2. The owner shall not be authorized by this general permit to  discharge to state waters specifically named in other board regulations or  policies which prohibit such discharges; .
    3. The owner shall have a mineral mining permit for the  operation to be covered by this general permit which has been approved by the  Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining  (or associated waivered program, locality or state agency) under provisions and  requirements of Title 45.1 of the Code of Virginia. Mineral mines located in  bordering states with discharges in Virginia shall provide documentation that  they have a mining permit from the appropriate state authority. Mineral mines  owned and operated by governmental bodies not subject to the provisions and  requirements of Title 45.1 of the Code of Virginia are exempt from this  requirement; and. 
    4. The owner shall implement pollution control measures  necessary to comply with the conditions and limitations of this general permit  including, but not limited to, the installation, operation and maintenance of  sediment control structures.
    5. The owner shall not be authorized by this general permit  to discharge to waters for which a "total maximum daily load" (TMDL)  allocation has been established by the board and approved by EPA prior to the  term of this permit, unless the owner develops, implements and maintains a  storm water pollution prevention plan (SWPPP) that is consistent with the  assumptions and requirements of the TMDL. This only applies where the facility  is [ an identified a ] source of the TMDL  pollutant of concern. [ The SWPPP shall specifically address any  conditions or requirements included in the TMDL that are applicable that  applies to discharges from the facility, the owner shall incorporate that  allocation into the facility's SWPPP and implement measures necessary to meet  that allocation. ] 
    B. The board shall deny coverage under this general permit to  any owner with discharge or storm water discharge-related activities which the  board determines cause, may reasonably be expected to cause, or may be  contributing to a violation of water quality standards, including discharges or  discharge-related activities that are likely to adversely affect aquatic life. 
    C. Receipt of this general permit does not relieve any owner  of the responsibility to comply with any other federal, state or local statute,  ordinance or regulation. 
    9VAC25-190-60. Registration statement. 
    The owner shall file a complete general VPDES permit  registration statement, which will serve as a notice of intent for coverage  under the general permit for nonmetallic mineral mining. Any owner proposing a  new discharge shall file the registration statement at least 30 days prior to  the date planned for operation of the mineral mine. Any owner of an existing  mineral mine covered by an individual VPDES permit who is proposing to be  covered by this general permit shall file the registration statement at least 180  days prior to the expiration date of the individual VPDES permit. Any owner of  an existing mineral mine covered by the general VPDES permit for nonmetallic  mineral mining that became effective on June 30, 1999, who wishes to remain  covered by this general permit shall file a new registration statement in  accordance with the general permit requirements in order to avoid a lapse in  coverage. Any owner of an existing mineral mine not currently covered by a  VPDES permit who is proposing to be covered by this general permit shall file  the registration statement. The required registration statement shall contain  the following information: 
    1. Facility name, owner, mailing address, email address  and telephone number; 
    2. Project name, county, and location, latitude and  longitude;
    3. Description of mining activity; 
    4. Primary and secondary SIC codes; 
    5. Discharge information including: 
    a. A list of outfalls identified by outfall numbers, ;
    b. Characterization of the type of each listed outfall's  discharge as either process wastewater, storm water, or process wastewater  commingled with storm water, ;
    c. Characterization of the source of each listed outfall's  discharge as either mine pit dewatering, storm water associated with industrial  activity (see definition in 9VAC25-115-10), storm water not associated with  industrial activity, ground water infiltration, wastewater from vehicle and/or  equipment washing activities, mined material washing, noncontact cooling water,  miscellaneous plant cleanup wastewater, co-located colocated  facility discharges (identify the [ co-located colocated ]  facility), other discharges not listed here (describe), or any combination of  the above, ;
    d. The receiving stream [ , including wetlands ]  for each outfall listed, ;
    e. The latitude and longitude for each outfall listed; and  
    f. Indicate which storm water outfalls will be  representative outfalls that require a single Discharge Monitoring Report  (DMR). For storm water outfalls that are to be represented by other outfall  discharges, provide a description of the activities associated with those  outfalls and explain why they are substantially the same as the representative  outfall to be sampled;
    6. Indicate if the facility has a current VPDES permit and the  permit number if it does; 
    7. Description of wastewater treatment or reuse/recycle  systems or both; 
    8. List of any chemicals added to water that could be  discharged; 
    9. List of co-located colocated facilities; 
    10. Indicate if the facility is a hazardous waste treatment,  storage or disposal facility; 
    11. Schematic drawing showing water flow from source to  water-using industrial operations to waste treatment and disposal, and disposal  of any solids removed from wastewater; 
    12. Aerial photo or scale map that clearly shows the property  boundaries, plant site, drainage areas associated with each outfall, locations  of all mine pit dewatering, existing, significant sources of materials exposed  to precipitation, storm water or process wastewater outfalls and the receiving  streams; 
    13. Evidence that the operation to be covered by this general  permit has a mining permit that has been approved by the Virginia Department of  Mines, Minerals and Energy, Division of Mineral Mining (or associated waivered  program) under the provisions and requirements of Title 45.1 of the Code of  Virginia (or appropriate bordering state authorization). Mineral mines owned  and operated by governmental bodies not subject to the provisions and  requirements of Title 45.1 of the Code of Virginia are exempt from this requirement;  
    14. Mining permit number; 
    15. [ Indicate if the facility discharge storm water  into a Municipal Separate Storm Sewer System (MS4). If yes, state the name of  the MS4 operator.
    16. The owner shall not be authorized by this general  permit unless the discharge complies with Virginia’s antidegradation policy in  the Water Quality Standards at 9VAC25-260-30. The department will notify the  applicant if authorization to discharge under this general permit will not  comply with the antidegradation requirements set forth in 9VAC25-260-30.
    17. ] 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 with  9VAC25-31-110. 
    [ 9VAC25-190-65. Termination of permit coverage.
    A. The owner may terminate coverage under this general  permit by filing a complete notice of termination. 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 discharges of storm water associated with industrial activity 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); or 
    3. All storm water discharges associated with industrial  activity have been covered by an individual VPDES permit. 
    B. The notice of termination shall contain the following  information: 
    1. Owner's name, mailing address and telephone number; 
    2. Facility name and location; 
    3. VPDES industrial storm water general permit number; 
    4. The basis for submitting the notice of termination,  including: 
    a. A statement indicating that a new owner has assumed  responsibility for the facility; 
    b. A statement indicating that operations have ceased at  the facility and there are no longer discharges of storm water associated with  industrial activity from the facility; 
    c. A statement indicating that all storm water discharges  associated with industrial activity have been covered by an individual VPDES  permit; or 
    d. A statement indicating that termination of coverage is  being requested for another reason (state the reason); and 
    5. The following certification: "I certify under  penalty of law that all storm water discharges associated with industrial  activity from the identified facility that are authorized by this VPDES general  permit have been eliminated, or covered under a VPDES individual 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 storm water associated with industrial activity in accordance with the  general permit, and that discharging pollutants in storm water associated with  industrial activity 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." 
    C. The notice of termination shall be signed in accordance  with 9VAC25-190-70, Part III K. 
    D. The notice of termination shall be submitted to the DEQ  regional office serving the area where the industrial facility is located. ]  
    9VAC25-190-70. General permit. 
    Any owner whose registration statement is accepted by the  board will receive the following permit and shall comply with the requirements  in it and be subject to all requirements of the VPDES permit regulation, 9VAC25-31-10  et seq 9VAC25-31.
    General Permit No.: VAG84 
  Effective date: July 1, 2004 2009 
  Expiration date: June 30, 2009 2014 
    GENERAL PERMIT FOR NONMETALLIC MINERAL MINING 
    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 to it, owners of nonmetallic mineral mines are authorized to discharge  to surface waters within the boundaries of the Commonwealth of Virginia, except  those specifically named in board regulations or policies which prohibit such  discharges. 
    The authorized discharge shall be in accordance with this  cover page, Part I—Effluent Limitations and Monitoring Requirements, Part  II—Storm Water Management, and Part III—Conditions Applicable to All VPDES  Permits, as set forth herein. 
             4. All samples taken to meet the monitoring requirements  specified above in A. 3 Part I A 3 shall be collected [ from  the discharge resulting from a storm event that is greater than 0.1 inches in  magnitude ] . and that occurs at least 72 hours from the previously  measurable (greater than 0.1 inch rainfall) storm event. The grab sample shall  be taken during the first 30 minutes of the discharge. If the collection of a  grab sample during the first 30 minutes is impracticable, a grab sample can be  taken during the first hour of the discharge, and the permittee shall submit  with the monitoring report a description of why a grab sample during the first  30 minutes was impracticable on a storm event that results in an actual  discharge (defined as a "measurable storm event") that follows the  preceding measurable storm event by at least 72 hours (three days). The 72-hour  (three-day) storm interval does not apply if the permittee is able to document  that less than a 72-hour (three-day) interval is representative for local storm  events during the sampling period. The grab sample shall be taken during the  first 30 minutes of the storm water discharge. If the collection of a grab  sample during the first 30 minutes is impracticable, a grab sample can be taken  during the first hour of the discharge, and the permittee shall submit with the  monitoring report a description of why a grab sample during the first 30  minutes was impracticable. In the case of snowmelt or a discharge from a storm  water settling lagoon, a representative sample shall be taken at the time the  discharge occurs ].
    B. Special conditions. 
    1. Vehicles and equipment utilized during the industrial  activity on a site must be operated and maintained in such a manner as to  prevent the potential or actual point source pollution of the surface or  groundwaters of the state. Fuels, lubricants, coolants, and hydraulic fluids,  or any other petroleum products, shall not be disposed of by discharging on the  ground or into surface waters. Spent fluids shall be disposed of in a manner so  as not to enter the surface or groundwaters of the state and in accordance with  the applicable state and federal disposal regulations. Any spilled fluids shall  be cleaned up to the maximum extent practicable and disposed of in a manner so  as not to allow their entry into the surface or groundwaters of the state. 
    2. No sewage shall be discharged from this mineral mining  activity except under the provisions of another VPDES permit specifically  issued for that purpose. 
    3. There shall be no chemicals added to the discharge, other  than those listed on the owner's approved registration statement. 
    4. The permittee shall submit a new registration statement if  the mining permit approved by the Division of Mineral Mining (or associated  waivered program, or bordering state mine authority) is modified or reissued in  any way that would affect the outfall location or the characteristics of a  discharge covered by this general permit. Government owned and operated mines  without mining permits shall submit the registration statement whenever outfall  location or characteristics are altered. The new registration statement shall  be filed within 30 days of the outfall relocation or change in the  characteristics of the discharge. 
    5. The permittee shall notify the department as soon as they  know or have reason to believe: 
    a. That any activity has occurred or will occur which would  result in the discharge, on a routine or frequent basis, of any toxic pollutant  which is not limited in this permit, if that discharge will exceed the highest  of the following notification levels: 
    (1) One hundred micrograms per liter (100 μg/l); 
    (2) Two hundred micrograms per liter (200 μg/l) for acrolein  and acrylonitrile; five hundred micrograms per liter (500 μg/l) for  2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per  liter (1 mg/l) 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 which would  result in any discharge, on a nonroutine or infrequent basis, of a toxic  pollutant which is not limited in this permit, if that discharge will exceed  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 for  that pollutant in the permit application; or 
    (4) The level established by the board. 
    6. This permit shall be modified, or alternatively revoked and  reissued, to comply with any applicable effluent standard or limitation or  prohibition for a pollutant which is promulgated or approved under  § 307(a)(2) of the federal Clean Water Act, if the effluent standard or  limitation so issued or approved: 
    a. Is more stringent than any effluent limitation on the  pollutant already in the permit; or 
    b. Controls any pollutant not limited in the permit. 
    7. Except as expressly authorized by this permit, 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. 
    8. There shall be no discharge of process wastewater  pollutants from co-located colocated asphalt paving materials  operations. For the purposes of this special condition, process wastewater  pollutants are any pollutants present in water used in asphalt paving materials  manufacturing which come into direct contact with any raw materials,  intermediate product, by-product or product related to the asphalt paving  materials manufacturing process. 
    9. Process water may be used on site for the purpose of  dust suppression. Dust suppression shall be carried out as a best management  practice but not as a wastewater disposal method provided that ponding or direct  runoff from the site does not occur during or immediately following its  application.
    10. Process water from mine dewatering may be provided to  local property owners for beneficial agricultural use.
    11. Vehicle/equipment washing shall include washing with  detergents or steam cleaning of engines and other drive components in which the  purpose is to clean and decrease the equipment for maintenance and other  purposes. The application of water without detergent to a vehicle exterior for  the purpose of removing is excluded.
    12. The permittee shall report at least two significant  digits for a given parameter. Regardless of the rounding convention used (i.e.,  5 always rounding up or to the nearest even number) by the permittee, the  permittee shall use the convention consistently and shall ensure that  consulting laboratories employed by the permittee use the same convention.
    13. Storm Water Monitoring Total Suspended Solids (TSS)  Evaluation. Permittees that monitor storm water associated with industrial  activity which does not combine with other wastewaters prior to discharge shall  review the results of the TSS monitoring required by Part I A 3 to determine if  changes to the Storm Water Pollution Prevention Plan (SWPPP) may be necessary.  If the TSS monitoring results are greater than the evaluation value of 100  mg/l, then the permittee shall perform the inspection and maintain  documentation as described in Part II H 3 d for that outfall. Any deficiencies  noted during the inspection shall be corrected in a timely manner.
    14. Discharges to waters subject to TMDL waste load  allocations. Facilities that are [ an identified a ]  source of the specified pollutant of concern to waters for which a  "total maximum daily load" (TMDL) waste load allocation has been  established by the board and approved by EPA prior to the term of this permit  shall incorporate measures and controls into the SWPPP required by Part  [ III II ] that are consistent with the  assumptions and requirements of the TMDL. The department will provide written  notification to the owner that a facility is subject to the TMDL requirements.  [ The facility's SWPPP shall specifically address any conditions or  requirements included in the TMDL that are applicable to discharges from the  facility. ] If the TMDL establishes a [ specific ]  numeric wasteload allocation that applies to discharges from the facility,  the owner shall [ incorporate that allocation into the  facility’s SWPPP, ] perform any required monitoring in  accordance with Part I A [ 1 c (3), ] and  implement measures necessary to meet that allocation. 
    [ 15. There shall be no discharge or storm water  discharge-related activities that cause or contribute to a violation of water  quality standards or that adversely affect aquatic life. ] 
    Part II 
  Storm Water Management 
    A. Recording of results. 
    1. Additional information. In addition to any reporting  requirements of Part III, for each measurement or sample taken pursuant to the  storm event monitoring requirements of this permit, the permittee shall record  and report with the discharge monitoring report the following information: 
    a. The date and duration (in hours) of the storm events  sampled; and 
    b. The rainfall measurements or estimates (in inches) of the  storm event which generated the sampled discharge [ ; and. 
    c. The duration between the storm event sampled and the end  of the previous measurable (greater than 0.1 inch rainfall) storm event. ]  
    2. Additional reporting. In addition to filing copies of  discharge monitoring reports in accordance with Part III, permittees with at  least one storm water discharge associated with industrial activity through a  large or medium municipal separate storm sewer system (systems serving a  population of 100,000 or more) or a municipal system designated by the board  must submit signed copies of discharge monitoring reports to the operator of  the municipal separate storm sewer system at the same time. 
    B. Representative discharge. When a facility has two or more  exclusively storm water outfalls that, based on a consideration of industrial  activity, significant materials, and management practices and activities within  the area drained by the outfall, the permittee reasonably believes discharge  substantially identical effluents, the permittee may test the effluent of one  of such outfalls and include with the discharge monitoring report an  explanation that the quantitative data also applies to the substantially  identical outfalls provided that the permittee includes a description of the  location of the outfalls and explains in detail why the outfalls are expected  to discharge substantially identical effluents. In addition, for each  exclusively storm water outfall that the permittee believes is representative,  an estimate of the size of the drainage area (in square feet) and an estimate of  the run-off coefficient of the drainage area (e.g., low (under 40%), medium  (40% to 65%) or high (above 65%)) shall be provided the permittee  reasonably believes discharge substantially identical effluents, based on a  consideration of industrial activity, significant materials, and management  practices and activities within the area drained by the outfalls, then the  permittee may submit information with the registration statement substantiating  the request for only one DMR to be issued for the outfall to be sampled that  represents one or more substantially identical outfalls. Also the permittee may  list on the discharge monitoring report of the outfall to be sampled all  outfall locations that are represented by the discharge.
    C. Sampling waiver. 
    1. Adverse conditions. When a permittee is unable to collect  samples within a specified sampling period due to adverse climatic conditions,  the permittee shall collect a substitute sample from a separate qualifying  event in the next period and submit these data along with the data for the  routine sampling in that period. Adverse weather conditions that may prohibit  the collection of samples include weather conditions that create dangerous  conditions for personnel (such as local flooding, high winds, hurricane, tornadoes,  electrical storms, etc.) or otherwise make the collection of a sample  impracticable (drought, extended frozen conditions, etc.). 
    2. Inactive and unstaffed facilities. When a permittee is  unable to conduct the storm water sampling required at an inactive and  unstaffed facility, the permittee may exercise a waiver of the monitoring  requirements as long as the facility remains inactive and unstaffed. The  permittee must submit to the department, in lieu of monitoring data, a  certification statement on the discharge monitoring report stating that the  facility is inactive and unstaffed so that collecting a sample during a  qualifying event is not possible. [ The requirement for a quarterly  visual assessment does not apply at a facility that is inactive and unstaffed,  as long as there are no industrial materials or activities exposed to  stormwater. ] 
    D. Storm water pollution prevention plans. A storm water  pollution prevention plan shall be developed for each facility covered by this  permit. Storm water pollution prevention plans shall be prepared in accordance  with good engineering practices. The plan shall identify potential sources of  pollution which may reasonably be expected to affect the quality of storm water  discharges associated with industrial activity from the facility. In addition,  the plan shall describe and ensure the implementation of practices which are to  be used to reduce the pollutants in storm water discharges associated with  industrial activity at the facility and to assure compliance with the terms and  conditions of this permit. Facilities must implement the provisions of the  storm water pollution prevention plan required under this part as a condition  of this permit. 
    The storm water pollution prevention plan requirements of  this general permit may be fulfilled by incorporating by reference other plans  or documents such as an erosion and sediment control plan, a mine drainage plan  as required by the Virginia Division of Mineral Mining, a spill prevention  control and countermeasure (SPCC) plan developed for the facility under  § 311 of the federal Clean Water Act or best management practices (BMP)  programs otherwise required for the facility provided that the incorporated  plan meets or exceeds the plan requirements of Part II H. If an erosion and  sediment control plan is being incorporated by reference, it shall have been  approved by the locality in which the activity is to occur or by another  appropriate plan-approving authority authorized under the Virginia Erosion and  Sediment Control Regulations, 4VAC50-30. All plans incorporated by reference  into the storm water pollution prevention plan become enforceable under this  permit. If a plan incorporated by reference does not contain all of the  required elements of the storm water pollution prevention plan of Part II H,  the permittee must develop the missing plan elements and include them in the  required storm water pollution prevention plan. 
    E. Deadlines for plan preparation and compliance. 
    1. Existing facilities and new facilities that begin operation  on or before July 1, 2004 2009, shall prepare and implement a  plan incorporating the storm water pollution prevention plan requirements of  this permit, if not included in an existing plan, as expeditiously as  practicable, but not later than July 1, 2005 2010. Existing storm  water pollution prevention plans being implemented as of July 1, 2004 2009  shall continue to be implemented until a new plan is developed and implemented.  
    2. Facilities that begin operation after July 1, 2004 2009,  shall prepare and implement a plan incorporating the requirements of this  permit prior to submitting the registration statement. 
    F. Signature and plan review. 
    1. The plan shall be signed in accordance with Part III K  (signatory requirements), and be retained on-site at the facility covered by  this permit in accordance with Part III B (records) of this permit. When there  are no on-site buildings or offices in which to store the plan, it shall be  kept at the nearest company office. 
    2. The permittee shall make the storm water pollution  prevention plan, annual site compliance inspection report, or other information  available to the department upon request. 
    3. The director, or an authorized representative, may notify  the permittee at any time that the plan does not meet one or more of the  minimum requirements of this part. Such notification shall identify those  provisions of the permit which are not being met by the plan, and identify  which provisions of the plan require modifications in order to meet the minimum  requirements of this part. Within 60 days of such notification from the  director, or as otherwise provided by the director, or an authorized  representative, the permittee shall make the required changes to the plan and  shall submit to the department a written certification that the requested  changes have been made. 
    G. Keeping plans current. The permittee shall amend the plan  whenever there is a change in design, construction, operation, or maintenance,  which has a significant effect on the potential for the discharge of pollutants  to surface waters of the state or if the storm water pollution prevention plan  proves to be ineffective in eliminating or significantly minimizing pollutants  from sources identified under Part II H 2 (description of potential pollutant  sources) of this permit, or in otherwise achieving the general objectives of  controlling pollutants in storm water discharges associated with industrial  activity. New owners shall review the existing plan and make appropriate  changes. Amendments to the plan may be reviewed by the department in the same  manner as described in Part II F. 
    H. Contents of plan. The plan shall include, at a minimum,  the following items: 
    1. Pollution prevention team. Each plan shall identify a  specific individual or individuals within the facility organization as members  of a storm water pollution prevention team that are responsible for developing  the storm water pollution prevention plan and assisting the facility or plant  manager in its implementation, maintenance, and revision. The plan shall  clearly identify the responsibilities of each team member. The activities and  responsibilities of the team shall address all aspects of the facility's storm  water pollution prevention plan. 
    2. Description of potential pollutant sources. Each plan shall  provide a description of potential sources which may reasonably be expected to  add significant amounts of pollutants to storm water discharges or which may  result in the discharge of pollutants during dry weather from separate storm  sewers draining the facility. Each plan shall identify all activities and  significant materials which may potentially be significant pollutant sources.  Each plan shall include, at a minimum: 
    a. Drainage. 
    (1) A site map indicating an outline of the portions of the  drainage area of each storm water outfall that are within the facility  boundaries, each existing structural control measure to reduce pollutants in  storm water run-off, surface water bodies, locations where significant  materials are exposed to precipitation, locations where major spills or leaks  identified under Part II H 2 c (spills and leaks) of this permit have occurred,  and the locations of the following activities where such activities are exposed  to precipitation: fueling stations, vehicle and equipment maintenance and/or  cleaning areas, loading/unloading areas, locations used for the treatment,  storage or disposal of wastes and wastewaters, liquid storage tanks, processing  areas and storage areas. The map must indicate all outfall locations. The types  of discharges contained in the drainage areas of the outfalls must be indicated  either on the map or in an attached narrative. 
    (2) For each area of the facility that generates storm water  discharges associated with industrial activity with a reasonable potential for  containing significant amounts of pollutants, a prediction of the direction of  flow, and an identification of the types of pollutants which are likely to be  present in storm water discharges associated with industrial activity. Factors  to consider include the toxicity of the chemicals; quantity of chemicals used,  produced or discharged; the likelihood of contact with storm water; and history  of significant leaks or spills of toxic or hazardous pollutants. Flows with a  significant potential for causing erosion shall be identified. 
    b. Inventory of exposed materials. An inventory of the types  of materials handled at the site that potentially may be exposed to  precipitation. Such inventory shall include a narrative description of  significant materials that have been handled, treated, stored or disposed in a  manner to allow exposure to storm water between the time of three years prior  to the date of coverage under this general permit and the present; method and  location of on-site storage or disposal; materials management practices employed  to minimize contact of materials with storm water run-off between the time of  three years prior to the date of coverage under this general permit and the  present; the location and a description of existing structural and  nonstructural control measures to reduce pollutants in storm water run-off; and  a description of any treatment the storm water receives. 
    c. Spills and leaks. A list of significant spills and  significant leaks of toxic or hazardous pollutants that occurred at areas that  are exposed to precipitation or that otherwise drain to a storm water  conveyance at the facility after the date of three years prior to the date of  coverage under this general permit. Such list shall be updated as appropriate  during the term of the permit. 
    d. Sampling data. A summary of existing discharge sampling  data describing pollutants in storm water discharges from the facility,  including a summary of sampling data collected during the term of this permit. 
    e. Risk identification and summary of potential pollutant sources.  A narrative description of the potential pollutant sources from the following  activities: loading and unloading operations; outdoor storage activities;  outdoor manufacturing or processing activities; significant dust or particulate  generating processes; and on-site waste disposal practices. The description  shall specifically list any significant potential source of pollutants at the  site and for each potential source, any pollutant or pollutant parameter (e.g.,  biochemical oxygen demand, etc.) of concern shall be identified. 
    3. Measures and controls. Each facility covered by this permit  shall develop a description of storm water management controls appropriate for  the facility, and implement such controls. The appropriateness and priorities  of controls in a plan shall reflect identified potential sources of pollutants  at the facility. The description of storm water management controls shall  address the following minimum components, including a schedule for implementing  such controls: 
    a. Good housekeeping. Good housekeeping requires the  maintenance of areas which may contribute pollutants to storm water discharges  in a clean, orderly manner. The plan shall describe procedures performed to  minimize contact of materials with storm water run-off. Particular attention  should be paid to areas where raw materials are stockpiled, material handling  areas, storage areas, liquid storage tanks, and loading/unloading areas. 
    b. Preventive maintenance. A preventive maintenance program  shall involve timely inspection and maintenance of storm water management  devices (e.g., cleaning oil/water separators, catch basins) as well as  inspecting and testing facility equipment and systems to uncover conditions  that could cause breakdowns or failures resulting in discharges of pollutants  to surface waters, and ensuring appropriate maintenance of such equipment and  systems. The maintenance program shall require periodic removal of debris from  discharge diversions and conveyance systems. Permittees using settling basins  to control their effluents must provide maintenance schedules for such basins  in the pollution prevention plan. 
    c. Spill prevention and response procedures. Areas where  potential spills which can contribute pollutants to storm water discharges can  occur, and their accompanying drainage points shall be identified clearly in  the storm water pollution prevention plan. Where appropriate, specifying  material handling procedures, storage requirements, and use of equipment such  as diversion valves in the plan should be considered. Procedures for cleaning  up spills shall be identified in the plan and made available to the appropriate  personnel. The necessary equipment to implement a clean up should be available  to personnel. 
    d. Inspections. Facility personnel who are familiar with the  mining activity, the best management practices and the storm water pollution  prevention plan shall be identified to inspect material storage and handling  areas, liquid storage tanks, hoppers or silos, vehicle and equipment  maintenance areas, cleaning and fueling areas, material handling vehicles and  designated equipment and processing areas of the facility; to inspect best  management practices; and to conduct visual examinations of storm water  associated with industrial activity. The inspection frequency shall be  specified in the plan based upon a consideration of the level of industrial  activity at the facility, but shall be a minimum of quarterly. Inspections of  best management practices shall include inspection of storm water discharge diversions,  conveyance systems, sediment control and collection systems, containment  structures, vegetation, serrated slopes, and benched slopes to determine their  effectiveness, the integrity of control structures, if soil erosion has  occurred, or if there is evidence of actual or potential discharge of  contaminated storm water. Visual examinations of storm water discharges  associated with industrial activity shall include examination of storm water  samples representative of storm event discharges from the facility and  observation of color, odor, clarity, floating solids, settled solids, suspended  solids, foam, oil sheen, and other obvious indicators of storm water pollution.  Site inspection, best management practices inspection and visual examination  results must be documented and maintained on-site with the facility pollution  prevention plan. Documentation for visual examinations of storm water shall  include the examination date and time, examination personnel, outfall location,  the nature of the discharge, visual quality of the storm water discharge and  probable sources of any observed storm water contamination. Part II B regarding  representative discharges and Part II C regarding sampling waivers shall apply  to the taking of samples for visual examination except that (i) the  documentation required by these sections shall be retained with the storm water  pollution prevention plan visual examination records rather than submitted to  the department, and (ii) substitute sampling for waivered sampling is not  required if the proper documentation is maintained. A set of tracking or  followup procedures shall be used to ensure that appropriate actions are taken  in response to the inspections. 
    e. Employee training. Employee training programs shall inform  personnel responsible for implementing activities identified in the storm water  pollution prevention plan or otherwise responsible for storm water management  at all levels of responsibility of the components and goals of the storm water  pollution prevention plan. Training should address topics such as spill  response, good housekeeping and material management practices. A pollution  prevention plan shall identify periodic dates for such training. 
    f. Recordkeeping and internal reporting procedures. A  description of incidents such as spills, or other discharges, along with other  information describing the quality and quantity of storm water discharges shall  be included in the plan required under this part. Inspections and maintenance  activities shall be documented and records of such activities shall be  incorporated into the plan. Ineffective best management practices must be  recorded and the date of their corrective action noted. 
    g. Sediment and erosion control. The plan shall identify areas  which, due to topography, activities, or other factors, have a high potential  for significant soil erosion, and identify structural, vegetative, or  stabilization measures to be used to limit erosion. Permittees must indicate  the location and design for proposed best management practices to be  implemented prior to land disturbance activities. For sites already disturbed  but without best management practices, the permittee must indicate the location  and design of best management practices that will be implemented. The permittee  is required to indicate plans for grading, contouring, stabilization, and  establishment of vegetative cover for all disturbed areas, including road  banks. 
    h. Management of run-off. The plan shall contain a narrative  consideration of the appropriateness of traditional storm water management  practices (practices other than those which control the generation or sources  of pollutants) used to divert, infiltrate, reuse, or otherwise manage storm  water run-off in a manner that reduces pollutants in storm water discharges from  the site. The plan shall provide that measures that the permittee determines to  be reasonable and appropriate shall be implemented and maintained. The  potential of various sources at the facility to contribute pollutants to storm  water discharges associated with industrial activity (see Part II H 2  (description of potential pollutant sources) of this permit) shall be  considered when determining reasonable and appropriate measures. Appropriate  measures may include: vegetative swales and practices, reuse of collected storm  water (such as for a process or as an irrigation source), inlet controls (such  as oil/water separators), snow management activities, infiltration devices, and  wet detention/retention devices. 
    4. Comprehensive site compliance evaluation. Facility  personnel who are familiar with the mining activity, the best management  practices and the storm water pollution prevention plan shall conduct site  compliance evaluations at appropriate intervals specified in the plan, but in  no case less than once a year for active sites. When annual compliance  evaluations are shown in the plan to be impractical for inactive mining sites  due to remote location and inaccessibility, site evaluations must be conducted  at least once every three years. Such evaluations shall include the following: 
    a. Areas contributing to a storm water discharge associated  with industrial activity, including material storage and handling areas; liquid  storage tanks; hoppers or silos; vehicle and equipment maintenance, cleaning,  and fueling areas; material handling vehicles; equipment and processing areas;  and areas where aggregate is stockpiled outdoors, shall be visually inspected  for evidence of, or the potential for, pollutants entering the drainage system.  Measures to reduce pollutant loadings shall be evaluated to determine whether  they are adequate and properly implemented in accordance with the terms of the  permit or whether additional control measures are needed. Structural storm  water management measures, sediment and erosion control measures, and other  structural pollution prevention measures identified in the plan shall be  observed to ensure that they are operating correctly. A visual inspection of  equipment needed to implement the plan, such as spill response equipment, shall  be made. 
    b. Based on the results of the evaluation, the description of  potential pollutant sources identified in the plan in accordance with Part II H  2 (description of potential pollutant sources) of this permit and pollution  prevention measures and controls identified in the plan in accordance with Part  II H 3 (measures and controls) of this permit shall be revised as appropriate  within 14 days of such inspection and shall provide for implementation of any  changes to the plan in a timely manner, but in no case more than 90 days after  the inspection. 
    c. A report summarizing the scope of the inspection, personnel  making the inspection, the dates of the inspection, major observations relating  to the implementation of the storm water pollution prevention plan, and actions  taken in accordance with Part II H 4 b of this permit shall be made and  retained as required in Part III B (records). The report shall identify any  incidents of noncompliance. Where a report does not identify any incidents of  noncompliance, the report shall contain a certification that the facility is in  compliance with the storm water pollution prevention plan and this permit. The  report shall be signed in accordance with Part III K (signatory requirements)  of this permit and retained as required in Part III B. 
    d. Where compliance evaluation schedules overlap with  inspections required under Part II H 3 d (inspections), the compliance  evaluation may be conducted in place of one such inspection. 
    5. Additional requirements for storm water discharges associated  with industrial activity that discharge into or through municipal separate  storm sewer systems serving a population of 100,000 or more. 
    a. In addition to the applicable requirements of this  permit, facilities covered by this permit must comply with applicable  requirements in municipal storm water management programs developed under VPDES  permits issued for the discharge of the municipal separate storm sewer system  that receives the facility's discharge, provided the permittee has been  notified of such conditions. 
    b. Permittees that discharge storm water associated with  industrial activity through a municipal separate storm sewer system serving a  population of 100,000 or more, or a municipal system designated by the  director, shall make plans available to the municipal operator of the system  upon request. 
    Part III 
  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. 
    B. Records. 
    1. Records of monitoring information shall include: 
    a. The date, exact place, and time of sampling or  measurements; 
    b. The individual(s) who performed the sampling or  measurements; 
    c. The date(s) and time(s) analyses were performed; 
    d. The individual(s) who performed the analyses; 
    e. The analytical techniques or methods used; and 
    f. The results of such analyses. 
    2. Except for records of monitoring information required 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 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 III F (unauthorized discharges); or who discharges or causes  or allows a discharge that may reasonably be expected to enter state waters in  violation of Part III 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  adverse affects on aquatic life and the known number of fish killed. The  permittee shall reduce the report to writing and shall submit it to the  department within five days of discovery of the discharge in accordance with  Part III 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 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  subdivision: 
    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 III 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 III I 1 or 2, in writing, at the time the next  monitoring reports are submitted. The reports shall contain the information  listed in Part III I 2. 
    NOTE: The immediate (within 24 hours) reports required in  Parts III G, H and I may be made to the department's regional office. Reports  may be made by telephone or by fax. 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 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 federal Clean Water Act which are applicable to such source;  or 
    (2) After proposal of standards of performance in accordance  with § 306 of the federal 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 application  process or not reported pursuant to an approved land application plan. 
    2. The permittee shall give advance notice to the department  of any planned changes in the permitted facility or activity which may result  in noncompliance with permit requirements. 
    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 purposes 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- 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  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, etc. All reports required by permits, and other  information requested by the board, shall be signed by a person described in  Part III 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 III 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  III 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 III 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  III 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 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." 
    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 federal 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 federal Clean Water Act. Permit  noncompliance is grounds for enforcement action; for permit termination,  revocation and reissuance, or modification; or denial of a permit renewal  application. 
    The permittee shall comply with effluent standards or  prohibitions established under § 307(a) of the federal Clean Water Act for  toxic pollutants and with standards for sewage sludge use or disposal  established under § 405(d) of the federal 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 180 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 laws 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 federal Clean Water Act. Except as provided in permit conditions on  "bypass" (Part III U) and "upset" (Part III 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 §§ 62.1-44.34:14 through 62.1-44.34:23 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 ensure efficient operation.  These bypasses are not subject to the provisions of Parts III 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 III I (reports of noncompliance). 
    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 III  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 III 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 III 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(s) 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 III I; and 
    d. The permittee complied with any remedial measures required  under Part III 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 federal 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. Permits may be modified, revoked and  reissued, or terminated for cause. The filing of a request by the permittee for  a permit modification, revocation and reissuance, or termination, or a  notification of planned changes or anticipated noncompliance does not stay any  permit condition. 
    Y. Transfer of permits. 
    1. Permits are not transferable to any person except after  notice to the department. Except as provided in Part III 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 federal Clean Water Act. 
    2. As an alternative to transfers under Part III Y 1, this  permit may be automatically transferred to a new permittee if: 
    a. The current permittee notifies the department at least 30  days in advance of the proposed 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. If this notice is not received, the transfer is effective on the date  specified in the agreement mentioned in Part III 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.
        NOTICE: The forms used  in administering the above regulation are not being published; however, the  name of each form is listed below. The forms are available for public  inspection by contacting the agency contact for this regulation, or at the  office of the Registrar of Regulations, General Assembly Building, 2nd Floor,  Richmond, Virginia.
         FORMS (9VAC25-190)
    Department of Environmental Quality Water Division Permit  Application Fee (rev. 6/99) 1/08).
    Local Government Ordinance Form (eff. 8/93).
    Virginia Pollutant Discharge Elimination System General  Permit Registration Statement - Nonmetallic Mineral Mining.
    Virginia Pollutant Discharge Elimination System General  Permit Notice of Termination for Nonmetallic Mineral Mining.
    
        VA.R. Doc. No. R08-1057; Filed May 4, 2009, 1:09 p.m.