TITLE 9. ENVIRONMENT
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.