TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Chapter 120
Final Regulation
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: TheState Water Control Board is claiming an exemption from the AdministrativeProcess Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, whichexempts general permits issued by the State Water Control Board pursuant to theState Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 etseq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 of theCode of Virginia if the board (i) provides a Notice of Intended RegulatoryAction in conformance with the provisions of § 2.2-4007.01; (ii) following thepassage of 30 days from the publication of the Notice of Intended RegulatoryAction, forms a technical advisory committee composed of relevant stakeholders,including potentially affected citizens groups, to assist in the development ofthe general permit; (iii) provides notice and receives oral and written commentas provided in § 2.2-4007.03; and (iv) conducts at least one public hearing onthe proposed general permit.
Title of Regulation: 9VAC25-120. General VirginiaPollutant Discharge Elimination System (VPDES) Permit Regulation for Dischargesfrom Petroleum Contaminated Sites, Groundwater Remediation, and HydrostaticTests (amending 9VAC25-120-10, 9VAC25-120-15,9VAC25-120-20, 9VAC25-120-50 through 9VAC25-120-80).
Statutory Authority: § 62.1-44.15 of the Code ofVirginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: February 26, 2018.
Small Business Impact Review Report of Findings: Thisfinal regulatory action serves as the report of the findings of the regulatoryreview pursuant to § 2.2-4007.1 of the Code of Virginia.
Agency Contact: Matthew Richardson, Department ofEnvironmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,telephone (804) 698-4195, FAX (804) 698-4032, or email matthew.richardson@deq.virginia.gov.
Summary:
This general permit contains effluent limitations,monitoring requirements, and special conditions for discharges ofpetroleum-contaminated wastewater, chlorinated hydrocarbon contaminatedwastewater, and wastewater from hydrostatic tests. The changes to theregulation make this general permit similar to other general permits issuedrecently and clarify and update permit limits and conditions.
Substantive changes to the existing regulation include (i)including "associated distribution equipment" as components that canbe hydrostatically tested under general permit coverage; (ii) requiring thepermittee to notify a municipal separate storm sewer system (MS4) owner of theexistence of the discharge at the time of registration under the general permitand to include a copy of that notification with the registration statement;(iii) clarifying that dewatering projects "shall be managed to control thevolume and velocity of the discharge, including peak flow rates and totalvolume, to minimize erosion at outlets and to minimize downstream channel andstream bank erosion"; (iv) requiring that hydrostatic discharge flows"be managed to control the volume and velocity of the discharge, includingpeak flow rates and total volume, to minimize erosion at outlets and tominimize downstream channel and stream bank erosion"; and (v) clarifyingthat total residual chlorine data below the quantification level of 0.1 mg/Lshall be reported as "
CHAPTER 120
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERALPERMIT REGULATION FOR DISCHARGES FROM PETROLEUM CONTAMINATED SITES, GROUNDWATERREMEDIATION, AND HYDROSTATIC TESTS
9VAC25-120-10. Definitions.
The words and terms used in this chapter shall have themeanings defined in the State Water Control Law and 9VAC25-31 (VPDES permitregulation) Permit Regulation) unless the context clearly indicatesotherwise, except that for the purposes of this chapter:
"Board" means the State Water Control Board.
"Central wastewater treatment facilities" means anyfacility that treats (for disposal, recycling, or recovery of materials) orrecycles hazardous or nonhazardous waste, hazardous or nonhazardous industrialwastewater, or used material from offsite off-site. This includesboth a facility that treats waste received from off-site exclusively, and afacility that treats waste generated on-site as well as waste received from offsite off-site.
"Chlorinated hydrocarbon solvents" means solventscontaining carbon, hydrogen, and chlorine atoms and the constituents resultingfrom the degradation of these chlorinated hydrocarbon solvents.
"Department" or "DEQ" means the VirginiaDepartment of Environmental Quality.
"Director" means the Director of the VirginiaDepartment of Environmental Quality, or an authorized representative.
"Petroleum products" means petroleum-basedsubstances comprised of a complex blend of hydrocarbons derived from crude oilsuch as motor fuels, jet fuels, distillate fuel oils, residual fuel oils,lubricants, petroleum solvents and used oils. "Petroleum products"does not include hazardous waste as defined by the Virginia Hazardous Waste ManagementRegulations (9VAC20-60).
"Total maximum daily load" or "TMDL"means a calculation of the maximum amount of a pollutant that a waterbody canreceive and still meet water quality standards and an allocation of that amountto the pollutant's sources. A TMDL includes wasteload allocations (WLAs) forpoint source discharges, and load allocations (LAs) for nonpoint sources ornatural background or both, and must include a margin of safety (MOS) andaccount for seasonal variations.
9VAC25-120-15. Applicability of incorporated references basedon the dates that they became effective.
Except as noted, when a regulation of the U.S. EnvironmentalProtection Agency (EPA) set forth in Title 40 of the Code of FederalRegulations is referenced or adopted herein in this chapter andincorporated by reference, that regulation shall be as it exists and has beenpublished as a final regulation in the Federal Register prior to July 1,2012, with the effective date as published in the Federal Register notice orFebruary 26, 2013, whichever is later as of July 1, 2017.
9VAC25-120-20. Purpose.
This general permit regulation governs the discharge ofwastewaters from sites contaminated by petroleum products, chlorinatedhydrocarbon solvents, the hydrostatic testing of petroleum and naturalgas storage tanks and pipelines, the hydrostatic testing and dewatering ofpetroleum storage tank systems and associated distribution equipment, andthe hydrostatic testing of water storage tanks and pipelines. These wastewatersmay be discharged from the following activities: excavation dewatering,conducting aquifer tests to characterize site conditions, pumping contaminatedgroundwater to remove free product from the ground, discharges resultingfrom another petroleum product or chlorinated hydrocarbon solvent cleanupactivity approved by the board, hydrostatic tests of natural gas and petroleumstorage tanks or pipelines, hydrostatic tests and dewatering of undergroundand above ground storage tanks and associated distribution equipment,and hydrostatic tests of water storage tanks and tank systems orpipelines. Discharges not associated with petroleum-contaminated water, watercontaminated by chlorinated hydrocarbon solvents, or hydrostatic tests are notcovered under this general permit.
9VAC25-120-50. Effective date of the permit.
This general permit will become effective on February 26, 20132018. This general permit will expire on February 25, 2018 2023.This general permit is effective as to any covered owner upon compliance withall the provisions of 9VAC25-120-60.
9VAC25-120-60. Authorization to discharge.
A. Any owner governed by this general permit is herebyauthorized to discharge to surface waters within the Commonwealth of Virginiaprovided that:
1. The owner submits a registration statement, if required todo so, in accordance with 9VAC25-120-70, and that registration statement isaccepted by the board;
2. The owner complies with the applicable effluent limitationsand other requirements of 9VAC25-120-80; and
3. The board has not notified the owner that the discharge isnot eligible for coverage in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is noteligible for coverage under this general permit in the event of any of thefollowing:
1. The owner is required to obtain an individual permit inaccordance with 9VAC25-31-170 B of the VPDES Permit Regulation;
2. The owner is proposing to discharge within five milesupstream of a public water supply intake or to state waters specifically namedin other board regulations which prohibit such discharges;
3. The owner is proposing to discharge to surface waters wherethere are permitted central wastewater treatment facilities reasonablyavailable, as determined by the board;
4. The discharge violates or would violate the antidegradationpolicy in the Water Quality Standards at 9VAC25-260-30; or
5. The discharge is not consistent with the assumptions andrequirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance[ , for purposes of enforcement, ] with [ §§ 301, 302,306, 307, 318, 403, and 405 (a) through (b) of ] the federalClean Water Act, and the State Water Control Law, andapplicable regulations under either with the exceptions stated in9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under thisgeneral permit does not relieve any owner of the responsibility to comply withany other applicable federal, state, or local statute, ordinance,or regulation.
D. Continuation of permit coverage.
1. [ Any owner that was authorized to discharge underthe petroleum contaminated sites, groundwater remediation, and hydrostatictests general permit issued in ] 2008 [ 2013 andthat submits a complete registration statement on or before February 26, ]2013 [ 2018, is authorized to continue to discharge underthe terms of the ] 2008 [ 2013 general permitPermit coverage shall expire at the end of its term. However, expiringpermit coverages are automatically continued if the owner has submitted acomplete registration statement at least 60 days prior to the expiration dateof the permit, or a later submittal date established by the board, which cannotextend beyond the expiration date of the original permit. The permittee isauthorized to continue to discharge ] until such time as the boardeither:
a. Issues coverage to the ownerunder this general permit; or
b. Notifies the owner that the discharge is not eligible forcoverage under this general permit.
2. When the owner that was covered under the expiring orexpired general permit has violated or is violating the conditions of thatpermit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the general permit[ coverage ] that has been continued;
b. Issue a notice of intent to deny coverage under the amendedgeneral permit. If the general permit coverage is denied, the owner would thenbe required to cease the discharges authorized by the continued general permit[ coverage ] or be subject to enforcement action fordischarging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES PermitRegulation (9VAC25-31).
9VAC25-120-70. Registration statement.
A. Any owner seeking coverage under this general permit whothat is required to submit a registration statement shall submit acomplete VPDES general permit registration statement in accordance with thissection, which shall serve as a notice of intent for coverage under the generalVPDES permit for discharges from petroleum contaminated sites, ground watergroundwater remediation, and hydrostatic tests.
B. Owners of the following types of proposed or existingdischarges are not required to submit a registration statement to apply forcoverage under this general permit:
1. Short term projects (14 consecutive calendar days orless in duration) including:
a. Emergency repairs;
b. Dewatering projects;
c. Utility work and repairs in areas of known contamination;
d. Tank placement or removal in areas of known contamination;
e. Pilot studies or pilot tests, including aquifer tests; and
f. New well construction discharges of groundwater;
2. Hydrostatic testing of petroleum and natural gas storagetanks and, pipelines, or distribution system components;and
3. Hydrostatic testing of water storage tanks and,pipelines, or distribution system components.
Owners of these types of discharges are authorized todischarge under this permit immediately upon the permit's effective date ofFebruary 26, 2013 2018.
Owners shall notify the department's regional office inwriting within 14 days of the completion of the discharge. The notificationshall include the owner's name and address, the type of discharge thatoccurred, the physical location of the discharge work, and the receivingstream. If the discharge is to a municipal separate storm sewer system (MS4),the owner shall also notify the MS4 owner within 14 days of the completion ofthe discharge.
Owners of these types of discharges are not required tosubmit a notice of termination of permit coverage at the completion ofthe discharge.
C. Deadlines for submitting registration statements.
1. New facilities. Any owner proposing a new discharge shallsubmit a complete registration statement at least 30 days prior to the date plannedfor commencing operation of the new discharge, unless exempted by subsection Bof this section.
2. Existing facilities.
a. Any owner covered by an individual VPDES permit who isproposing to be covered by this general permit shall submit a completeregistration statement at least 210 days prior to the expiration date of theindividual VPDES permit.
b. Any owner that was authorized to discharge under thepetroleum contaminated sites, ground water groundwaterremediation, and hydrostatic tests general VPDES permit [ that becameeffective on February 26, ] 2008 [ 2013, ]who that is not exempted under subsection B of this section and[ who that ] intends to continue coverage under thisgeneral permit shall submit a complete registration statement to the board[ on or before January 27, ] 2013 [ 2018at least 30 days prior to the expiration date of the existing permit or a latersubmittal established by the board ].
D. Late registration statements. Registration statements willbe accepted after [ February 26, ] 2013 [ 2018the expiration date of the permit ], but authorization to dischargewill not be retroactive. [ Owners described in subdivision C 2 b ofthis section that submit registration statements after January 27, ]2013 [ 2018, are authorized to discharge under theprovisions of 9VAC25-120-60 D if a complete registration statement is submittedon or before February 26, ] 2013 [ 2018. ]
E. The required registration statement shall contain thefollowing information:
1. Legal name of facility Facility name and mailingaddress, owner name and mailing address, telephone number, and email address(if available);
2. Location of facility, address, telephone number, andemail address (if available) Facility street address (if different frommailing address) or location (if the facility location does not have a mailingaddress);
3. Facility owner name, address, telephone number, andemail address (if available) Facility operator (local contact) name,address, telephone number, and email address (if available) if different thanowner;
4. Nature of business conducted at the facility;
5. Type of petroleum or natural gas products, or chlorinatedhydrocarbon solvents causing or that caused the contamination;
6. Identification of activities that will result in a pointsource discharge from the contaminated site;
7. Whether a site characterization report for the site hasbeen submitted to the Department of Environmental Quality;
8. Characterization or description of the wastewater or natureof contamination including all related analytical data;
9. The location of the discharge point and identification ofthe waterbody into which the discharge will occur. For linear projects, thelocation of all the proposed discharge points along the project length and theassociated waterbody for each discharge point;
10. The frequency with which the discharge will occur (i.e.,daily, monthly, continuously);
11. An estimate of how long each discharge will last;
12. An estimate of the total volume of wastewater to bedischarged;
13. An estimate of the average and maximum flow rate ofthe discharge;
14. A diagram of the proposed wastewater treatment systemidentifying the individual treatment units;
15. A USGS 7.5 minute topographic map or equivalent computergenerated map that indicates the receiving waterbody name or names, thedischarge point or points, the property boundaries, as well as springs, othersurface waterbodies, drinking water wells, and public water supplies that areidentified in the public record or are otherwise known to the applicant withina 1/2 mile radius of the proposed discharge or discharges;
16. Whether the facility will discharge to a municipalseparate storm sewer system (MS4). If so, the name of the MS4 owner. The ownerof the facility shall notify the MS4 owner in writing of the existence of thedischarge within 30 days of coverage under the general permit and shall copythe DEQ regional office with the notification. A determination ofwhether the facility will discharge to an MS4. If the facility discharges to anMS4, the facility owner must notify the owner of the MS4 of the existence ofthe discharge information at the time of registration under this permit andinclude that notification with the registration statement. The notificationnotice shall include the following information: the name of thefacility, a contact person and phone telephone number, thelocation of the discharge, the nature of the discharge, and the facility'sVPDES general permit number;
17. Whether central wastewater facilities are available to thesite, and if so, whether the option of discharging to the central wastewaterfacility has been evaluated and the results of that evaluation;
18. Whether the facility currently has a anypermit issued by the board, and if so, the permit number;
19. Any applicable pollution complaint number associatedwith the project;
20. A statement as to whether the material being treated or tobe discharged is certified as a hazardous waste under the VirginiaHazardous Waste Regulation Management Regulations (9VAC20-60);and
21. The following certification:
"I certify under penalty of law that this documentand all attachments were prepared under my direction or supervision inaccordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of theperson or persons who manage the system or those persons directly responsiblefor gathering the information, the information submitted is to the best of myknowledge and belief true, accurate, and complete. I am aware that there aresignificant penalties for submitting false information including thepossibility of fine and imprisonment for knowing violations. I do also herebygrant duly authorized agents of the Department of Environmental Quality, uponpresentation of credentials, permission to enter the property for the purposeof determining the suitability of the general permit."
F. The registration statement shall be signed in accordancewith 9VAC25-31-110.
G. The registration statement shall be delivered by eitherpostal or electronic mail to the DEQ regional office serving the area where thefacility is located.
9VAC25-120-80. General permit.
Any owner whose registration statement is accepted by theboard, or who that is automatically authorized to discharge underthis permit, shall comply with the requirements of the general permit and besubject to all requirements of 9VAC25-31-170 B of the VPDES permitregulation Permit Regulation. Not all pages of Part I A ofthe general permit will apply to every permittee. The determination of which pagesprovisions apply will be based on the type of contamination at theindividual site and the nature of the waters receiving the discharge. Part I Band all pages of Part II apply to all permittees.
General Permit No.: VAG83
Effective Date: February 26, 2013 2018
Expiration Date: February 25, 2018 2023
GENERAL VPDES GENERAL PERMIT FOR DISCHARGES FROMPETROLEUM CONTAMINATED SITES, GROUNDWATER REMEDIATION, AND HYDROSTATIC TESTS
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANTDISCHARGE ELIMINATION SYSTEM PERMIT PROGRAM AND THE VIRGINIA STATE WATERCONTROL LAW
In compliance with the provisions of the Clean Water Act, asamended, the State Water Control Law and regulations adopted pursuant thereto,the owner is authorized to discharge to surface waters within the boundaries ofthe Commonwealth of Virginia, except to designated public water supplies orwaters specifically named in other board regulations which prohibit suchdischarges.
The authorized discharge shall be in accordance with theinformation 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 inthis general permit.
If there is any conflict between the requirements of a boardapproved cleanup plan and this permit, the requirements of this permit shallgovern.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
1. SHORT TERM PROJECTS.
The following types of short term projects (14 consecutivecalendar days or less in duration) are authorized under this permit:
a. Emergency repairs;
b. Dewatering projects(1). Dewateringprojects shall be managed to control the volume and velocity of the discharge,including peak flow rates and total volume, to minimize erosion at outlets andto minimize downstream channel and stream bank erosion;
c. Utility work and repairs in areas of known contamination;
d. Tank placement or removal in areas of known contamination;
e. Pilot studies or pilot tests, including aquifer tests; and
f. New well construction discharges of groundwater.
Effluent limits for short term projects correspond to the typeof contamination at the project site and are given in Tables A 2 3through A 5 below. The sampling frequency for these projects shall be once per projectterm discharge. Discharge monitoring reports for these projects arenot required to be submitted to the department, but shall be retained by theowner for a period of at least three years from the completion date of theproject.
Owners shall notify the department's regional office inwriting within 14 days of the completion of the project discharge. Thenotification shall include the owner's name and address, the type of dischargethat occurred, the physical location of the project work, and the receivingstream. If the discharge is to a municipal separate storm sewer system (MS4),the owner shall also notify the MS4 owner within 14 days of the completion ofthe discharge.
(1)Dewatering projects shall be managed toensure that they are discharging to an adequate channel or pipe and do notcause erosion in the receiving stream.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
2. DISCHARGES OF HYDROSTATIC TEST WATERS -- ALL RECEIVINGWATERS.
During the period beginning with the permittee's coverageunder this general permit and lasting until the permit's expiration date, thepermittee is authorized to discharge from outfall serial number xxxx. Samplestaken in compliance with the monitoring requirements specified below shall betaken at the following location: outfall from the final treatment unit prior tomixing with any other waters.
Such discharges shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS(2) |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (GPD) | NA | NL | 1/discharge | Estimate |
| pH (standard units) | 6.0 | 9.0 | 1/discharge | Grab |
| Total Petroleum Hydrocarbons (TPH, mg/l) (1) | NA | 15.0 | 1/discharge | Grab |
| Total Organic Carbon (TOC, mg/l) | NA | NL | 1/discharge | Grab |
| Total Residual Chlorine (TRC, mg/l)(3) | NA | 0.011(3) | 1/discharge | Grab |
| Total Suspended Solids (TSS) | NA | NL | 1/discharge | Grab |
NL = No limitation, monitoringrequired
NA = Not applicable
The equipment being tested shallbe substantially free of debris, raw material, product, or other residualmaterials.
The discharge flow shall bemanaged to control the volume and velocity of the discharge, including peakflow rates and total volume, to minimize erosion at outlets, and to minimizedownstream channel and stream bank erosion.
(1)TPH is the sum ofindividual gasoline range organics and diesel range organics or TPH-GRO andTPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method8015C (2007) for gasoline and diesel range organics, or by EPA SW 846 Methods8260B (1996) and 8270D (2014).
(2)Dischargemonitoring reports for hydrostatic test discharges are not required to besubmitted to the department but shall be retained by the owner for a period ofat least three years from the completion date of the hydrostatic test.
Owners shall notify thedepartment's regional office in writing within 14 days of the completion of thehydrostatic test discharge. The notification shall include the owner's name andaddress, the type of hydrostatic test that occurred, the physical location ofthe test work, and the receiving stream.
(3)Total residualchlorine limitation of 0.011 mg/l and chlorine monitoring only apply todischarges of test water that have been chlorinated or come from a chlorinatedwater supply. All data below the quantification level (QL) of 0.1 mg/L shall bereported as "
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
2. 3. GASOLINE CONTAMINATION -- ALL RECEIVINGWATERS.
During the period beginning with the permittee's coverageunder this general permit and lasting until the permit's expiration date, thepermittee is authorized to discharge from outfall serial number XXXX xxxx.Samples taken in compliance with the monitoring requirements specified belowshall be taken at the following location: outfall from the final treatment unitprior to mixing with any other waters.
Such discharges shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (GPD) | NA | NL | (4) | Estimate |
| Benzene (µg/l)(1) | NA | 12.0 | (4) | Grab |
| Toluene (µg/l)(1) | NA | 43.0 | (4) | Grab |
| Ethylbenzene (µg/l)(1) | NA | 4.3 | (4) | Grab |
| Total Xylenes (µg/l)(1) | NA | 33.0 | (4) | Grab |
| MTBE (methyl tert-butyl ether) (µg/l)(1) | | | | |
| Freshwaters not listed as public water supplies and saltwater | NA | 440.0 | 1/Month(4) | Grab |
| Freshwaters listed as public water supply | NA | 15.0 | 2/Month(4) | Grab |
| pH (standard units) | 6.0 | 9.0 | (4) | Grab |
| Total Recoverable Lead (µg/l)(2) | | | | |
| Freshwaters not listed as public water supplies and saltwater | NA | e(1.273(ln hardness)) -3.259 | (4) | Grab |
| Freshwaters listed as public water supply | NA | Lower of e(1.273(ln hardness)) -3.259 or 15 | (4) | Grab |
| Hardness (mg/l CaCO3)(2) | NL | NA | (4) | Grab |
| Ethylene Dibromide (µg/l)(2) | | | | |
| Freshwaters not listed as public water supplies and saltwater | NA | 1.9 | 1/Month(4) | Grab |
| Freshwaters listed as public water supply | NA | 0.161 | 2/Month(4) | Grab |
| 1,2 Dichloroethane (µg/l)(2) | NA | 3.8 | (4) | Grab |
| Ethanol (µg/l)(3) | NA | 4100.0 | (4) | Grab |
NL = No limitation, monitoringrequired
NA = Not applicable
(1)Benzene, Toluene,Ethylbenzene, Total Xylenes and MTBE shall be analyzed according to a currentand appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846 Method8021B (1996) (2014).
(2)Monitoring for thisparameter is required only when contamination results from leaded fuel. Leadshall be analyzed according to a current and appropriate EPA Wastewater Method(40 CFR Part 136). The minimum hardness concentration that will be used todetermine the lead effluent limit is 25 mg/l. 1,2 dichloroethane and ethylene dibromide (EDB) shall be analyzed by a current and appropriate EPA SW846 Method or EPA Wastewater Method from 40 CFR Part 136. EDB in wastewatersdischarged to public water supplies shall be analyzed using EPA SW 846 Method8011 (1992) or EPA Drinking Water Method 504.1 (1995).
(3)Monitoring forethanol is only required for discharges of water contaminated by gasolinecontaining greater than 10% ethanol. Ethanol shall be analyzed according to EPASW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) or EPA SW 846Method 8260B (1996).
(4)The monitoringfrequency for discharges into freshwaters not listed as public water suppliesand saltwater shall be once per month. If the first year 12 months ofpermit coverage results demonstrate full compliance with the effluentlimitations, the permittee may request that the monitoring frequency forethanol be reduced from monthly to 1/quarter. The written request shall be sentto the appropriate DEQ regional office for review. Upon written notificationfrom the regional office, monitoring frequency shall may bereduced to 1/quarter. Should the permittee be issued a warning letter relatedto violation of effluent limitations or a notice of violation, or be thesubject of an active enforcement action, monitoring frequency for ethanol shallrevert to 1/month upon issuance of the letter or notice or initiation executionof the enforcement action and remain in effect until the permit's expirationdate. Reports of quarterly monitoring shall be submitted to the DEQ regionaloffice no later than the 10th day of April, July, October, and January ineach year of permit coverage.
The monitoring frequency fordischarges into freshwaters listed as public water supplies shall be twice permonth for all constituents or parameters. If the first year's 12months of permit coverage results demonstrate full compliance with theeffluent limitations, the permittee may request that the monitoring frequencyfor ethanol be reduced to 1/quarter and the other parameters to 1/month. Thewritten request shall be sent to the appropriate DEQ regional office forreview. Upon written notification from the regional office, the monitoringfrequency for ethanol shall may be reduced to 1/quarter and theother parameters to1/month. Should the permittee be issued a warning letterrelated to violation of effluent limitations or a notice of violation,or be the subject of an active enforcement action, monitoring frequency shallrevert to 2/month upon issuance of the letter or notice or initiation executionof the enforcement action and remain in effect until the permit's expirationdate. Reports of quarterly monitoring shall be submitted to the DEQ regionaloffice no later than the 10th day of April, July, October, and January ineach year of permit coverage.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
3. 4. CONTAMINATION BY PETROLEUM PRODUCTS OTHERTHAN GASOLINE -- ALL RECEIVING WATERS.
During the period beginning with the permittee's coverageunder this general permit and lasting until the permit's expiration date, thepermittee is authorized to discharge from outfall serial number xxxx. Samplestaken in compliance with the monitoring requirements specified below shall betaken at the following location: outfall from the final treatment unit prior tomixing with any other waters.
Such discharges shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (GPD) | NA | NL | (4) | Estimate |
| Naphthalene (µg/l)(1) | NA | 8.9 | (4) | Grab |
| Total Petroleum Hydrocarbons (mg/l)(2) | NA | 15.0 | (4) | Grab |
| pH (standard units) | 6.0 | 9.0 | (4) | Grab |
| Benzene (µg/l)(3) | NA | 12.0 | 2/Month(4) | Grab |
| MTBE (methyl tert-butyl ether) (µg/l)(3) | NA | 15.0 | 2/Month(4) | Grab |
NL = No limitation, monitoringrequired
NA = Not applicable
(1)Naphthalene shall beanalyzed by a current and appropriate EPA Wastewater Method from 40 CFR Part136 or a current and appropriate EPA SW 846 Method.
(2)TPH shall be analyzedusing EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) fordiesel range organics, or by EPA SW 846 Method 8270D (2007) (2014).
(3)Monitoring forbenzene and MTBE is only required for discharges into freshwaters listed aspublic water supplies. Benzene and MTBE shall be analyzed according to acurrent and appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846Method.
(4)The monitoringfrequency for discharges into freshwaters not listed as public water suppliesand saltwater shall be once per month.
The monitoring frequency fordischarges into freshwaters listed as public water supplies shall be twice permonth for all constituents or parameters. If the first year's 12months of permit coverage results demonstrate full compliance with theeffluent limitations, the permittee may request that the monitoring frequencybe reduced to once per month. The written request shall be sent to theappropriate DEQ regional office for review. Upon written notification from theregional office, the monitoring frequency for ethanol shall maybe reduced to 1/quarter or the other parameters to1/month. Should the permitteebe issued a warning letter related to violation of effluent limitations or anotice of violation, or be the subject of an active enforcement action,monitoring frequency shall revert to 2/month upon issuance of the letter ornotice or initiation execution of the enforcement action andremain in effect until the permit's expiration date.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
4. DISCHARGES OF HYDROSTATIC TEST WATERS -- ALL RECEIVINGWATERS.
During the period beginning with the permittee's coverageunder this general permit and lasting until the permit's expiration date, thepermittee is authorized to discharge from outfall serial number xxxx. Samplestaken in compliance with the monitoring requirements specified below shall betaken at the following location: Outfall from the final treatment unit prior tomixing with any other waters.
Such discharges shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS
| DISCHARGE LIMITATIONS
| MONITORING REQUIREMENTS(2)
|
| Instantaneous Minimum
| Instantaneous Maximum
| Frequency
| Sample Type
|
| Flow (GPD)
| NA
| NL
| 1/discharge
| Estimate
|
| pH (standard units)
| 6.0
| 9.0
| 1/discharge
| Grab
|
| Total Petroleum Hydrocarbons (TPH, mg/l) (1)
| NA
| 15.0
| 1/discharge
| Grab
|
| Total Organic Carbon (TOC, mg/l)
| NA
| NL
| 1/discharge
| Grab
|
| Total Residual Chlorine (TRC, mg/l) (3)
| NA
| 0.011 (3)
| 1/discharge
| Grab
|
| Total Suspended Solids (TSS)
| NA
| NL
| 1/discharge
| Grab
|
NL = No limitation, monitoring required
NA = Not applicable
The equipment being tested shall be substantially free ofdebris, raw material, product, or other residual materials.
The discharge flow shall be controlled in such a mannerthat prevents flooding, erosion, or excessive sediment influx into thereceiving water body.
(1)TPH is the sum of individual gasoline rangeorganics and diesel range organics or TPH-GRO and TPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) forgasoline and diesel range organics, or by EPA SW 846 Methods 8260B (1996) and8270D (2007). .
(2)Discharge monitoring reports for hydrostatictest discharges are not required to be submitted to the department, but shallbe retained by the owner for a period of at least three years from thecompletion date of the hydrostatic test.
Owners shall notify the department's regional office inwriting within 14 days of the completion of the hydrostatic test discharge. Thenotification shall include the owner's name and address, the type ofhydrostatic test that occurred, the physical location of the test work, and thereceiving stream.
(3)Total Residual Chlorine limitation of 0.011mg/l and chlorine monitoring only apply to discharges of test water that havebeen chlorinated or come from a chlorinated water supply.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
5. CONTAMINATION BY CHLORINATED HYDROCARBON SOLVENTS -- ALLRECEIVING WATERS.
During the period beginning with the permittee's coverageunder this general permit and lasting until the permit's expiration date, thepermittee is authorized to discharge from outfall serial number xxxx. Samplestaken in compliance with the monitoring requirements specified below shall betaken at the following location: outfall from the final treatment unit prior tomixing with any other waters.
Such discharges shall be limited and monitored by thepermittee as specified below:
| EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
| Instantaneous Minimum | Instantaneous Maximum | Frequency | Sample Type |
| Flow (GPD) | NA | NL | 1/Month | Estimate |
| 2/Month if public water supply(2) | Estimate |
| Chloroform (CAS # 67663), (µg/l)(1) | NA | 80.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,1 Dichloroethane (CAS # 75343) (µg/l)(1) | NA | 2.4 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,2 Dichloroethane (CAS # 107062) (µg/l)(1) | NA | 3.8 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,1 Dichloroethylene (CAS # 75354) (µg/l)(1) | NA | 7.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| cis-1,2 Dichloroethylene (CAS # 159592) (µg/l)(1) | NA | 70.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| trans 1,2 Dichloroethylene (CAS # 156605) (µg/l)(1) | NA | 100.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Methylene Chloride (CAS # 75092) (µg/l)(1) | NA | 5.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Tetrachloroethylene (CAS # 127184) (µg/l)(1) | NA | 5.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,1,1 Trichloroethane (CAS # 71556) (µg/l)(1) | NA | 54.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,1,2 Trichloroethane (CAS # 79005) (µg/l)(1) | NA | 5.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Trichloroethylene (CAS # 79016) (µg/l)(1) | NA | 5.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Vinyl Chloride (CAS # 75014) (µg/l)(1) | NA | 2.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Carbon Tetrachloride (CAS # 56235) (µg/l)(1) | NA | 2.3 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| 1,2 Dichlorobenzene (CAS # 95501) (µg/l)(1) | NA | 15.8 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Chlorobenzene (CAS # 108907) (µg/l)(1) | NA | 3.4 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Trichlorofluoromethane (CAS # 75694) (µg/l)(1) | NA | 5.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| Chloroethane (CAS # 75003) (µg/l)(1) | NA | 3.6 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
| pH (standard units) | 6.0 | 9.0 | 1/Month | Grab |
| 2/Month if public water supply(2) | Grab |
NL = No limitation, monitoringrequired
NA = Not applicable
(1)This constituentshall be analyzed by a current and appropriate gas chromatograph/massspectroscopy method from EPA SW 846 or the EPA Wastewater Method series from 40CFR Part 136.
(2)Monitoring frequencyfor discharges into surface waters listed as public water supplies shall be2/month for the first year of permit coverage. If the first year 12months of permit coverage results demonstrate full compliance with theeffluent limitations, the permittee may request that the monitoring frequencybe reduced from 2/month to 1/month. The written request shall be sent to theappropriate DEQ regional office for review. Upon written notification from theregional office, monitoring frequency shall may be reduced to1/month. Should the permittee be issued a warning letter related to violationof effluent limitations or a notice of violation, or be the subject of anactive enforcement action, monitoring frequency shall revert to 2/month uponissuance of the letter or notice or initiation execution of theenforcement action and remain in effect until the permit's expiration date.
Part I
B. Special conditions.
1. There shall be no discharge of floating solids or visiblefoam in other than trace amounts.
2. The permittee shall sample each permitted outfall eachcalendar month in which a discharge occurs. When no discharge occurs from anoutfall during a calendar month, the discharge monitoring report for thatoutfall shall be submitted indicating "No Discharge."
3. O & M Manual Operation and maintenance(O&M) manual. If the permitted discharge is through a treatment works,within 30 days of coverage under this general permit, the permittee shalldevelop and maintain on site on-site, an Operations andMaintenance (O & M) Manual O&M manual for the treatmentworks permitted [ herein in this general permit ]. Thismanual shall detail practices and procedures which that will befollowed to ensure compliance with the requirements of this permit. Thepermittee shall operate the treatment works in accordance with the O & MManual O&M manual. The manual shall be made available to thedepartment upon request.
4. Operation schedule. The permittee shall construct, installand begin operating the treatment works described in the registration statementprior to discharging to surface waters. The permittee shall notify thedepartment's regional office within five days after the completion ofinstallation and commencement of operation.
5. Materials storage. Except as expressly authorized by thispermit or another permit issued by the board, no product, materials, industrialwastes, or other wastes resulting from the purchase, sale, mining, extraction,transport, preparation, or storage of raw or intermediate materials, finalproduct, by-product or wastes, shall be handled, disposed of, or stored so asto permit a discharge of such product, materials, industrial wastes, or other wastesto state waters.
6. If the permittee discharges to surface waters through amunicipal separate storm sewer system an MS4, the permittee shall,within 30 days of coverage under this general permit, notify the owner of themunicipal separate storm sewer system in writing of the existence of thedischarge and provide the following information: the name of the facility, acontact person and phone telephone number, the location of thedischarge, the nature of the discharge, and the facility's VPDES general permitnumber. A copy of such notification shall be provided to the department.Discharge Monitoring Reports (DMRs) required to be submitted under this permitshall be submitted to both the department and the owner of the municipalseparate storm sewer system.
7. 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.
8. The discharges authorized by this permit shall becontrolled as necessary to meet applicable water quality standards.
9. 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.
10. 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.
11. Termination of coverage. Provided that the board agreesthat the discharge covered under this general permit is no longer needed, thepermittee may request termination of coverage under the general permit, for theentire facility or for specific outfalls, by submitting a request fortermination of coverage. This request for termination of coverage shall be sentto the department's regional office with appropriate documentation orreferences to documentation already in the department's possession. Upon the permittee'sreceipt of the regional director's approval, coverage under this general permitwill be terminated. Termination of coverage under this general permit does notrelieve the permittee of responsibilities under other board regulations ordirectives.
[ 12. The permittee shall notify the department assoon as the permittee knows or has reason to believe:
a. That any activity has occurred or will occur that wouldresult in the discharge, on a routine or frequent basis, of any toxic pollutantthat is not limited in this permit if that discharge will exceed the highest ofthe following notification levels:
(1) One hundred micrograms per liter;
(2) Two hundred micrograms per liter for acrolein andacrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for2-methyl-4,6-dinitrophenol; and one milligram per liter for antimony;
(3) Five times the maximum concentration value reported forthat pollutant in the general permit registration statement; or
(4) The level established by the board.
b. That any activity has occurred or will occur that wouldresult in any discharge, on a nonroutine or infrequent basis, of a toxicpollutant that is not limited in this permit if that discharge will exceed thehighest of the following notification levels:
(1) Five hundred micrograms per liter;
(2) One milligram per liter for antimony;
(3) Ten times the maximum concentration value reported forthat pollutant in the general permit registration statement; or
(4) The level established by the board. ]
Part II
Conditions Applicable To 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, exact place, and time of sampling ormeasurements;
b. The individuals who performed the sampling or measurements;
c. The dates and times analyses were performed;
d. The individual or individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required 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 specified elsewherein this permit. Monitoring results shall be submitted to the department'sregional 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 thatrequire averaging of measurements shall utilize an arithmetic mean unless otherwisespecified in this 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 this permit or to determine compliance with thispermit. The board may require the permittee to furnish, upon request, suchplans, specifications, and other pertinent information as may be necessary todetermine the effect of the wastes from his discharge on the quality of statewaters or such other information as may be necessary to accomplish the purposesof the State Water Control Law. The permittee shall also furnish to thedepartment upon request copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance ornoncompliance with, or any progress reports on, interim and final requirementscontained in any compliance schedule of this permit shall be submitted no laterthan 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with thispermit or another permit issued by the board, it shall be unlawful for anyperson to:
1. Discharge into state waters sewage, industrial wastes,other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biologicalproperties of such state waters and make them detrimental to the public health,to animal or aquatic life, to the use of such waters for domestic or industrialconsumption, for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee whothat discharges or causes or allows a discharge of sewage, industrialwaste, other wastes or any noxious or deleterious substance into or upon statewaters in violation of Part II F or who that discharges or causesor allows a discharge that may reasonably be expected to enter state waters inviolation of Part II F shall notify the department of the discharge immediatelyupon discovery of the discharge, but in no case later than 24 hours after thediscovery. A written report of the unauthorized discharge shall be submitted tothe department within five days of discovery of the discharge. The writtenreport 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 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, andprevent a recurrence of the present discharge or any future discharges notauthorized by 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 submitthe report to the department within five days of discovery of the discharge inaccordance with Part II I [ 2 1 b ]. Unusual andextraordinary discharges include [ but are not limited to ]any discharge resulting from:
1. Unusual spillage of materials resulting directly orindirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of thetreatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance.
[ 1. ] The permittee shall report anynoncompliance which that may adversely affect state waters or mayendanger public health [ as follows:. ]
[ 1. a. ] An oral report shall beprovided within 24 hours from the time the permittee becomes aware of thecircumstances. The following shall be included as information, whichshall be reported within 24 hours under this subsection:
[ a. (1) ] Any unanticipated bypass;and
[ b. (2) ] Any upset which causes adischarge to surface waters.
[ 2. b. ] A written report shall besubmitted within five days and shall contain:
[ a. (1) ] A description of thenoncompliance and its cause;
[ b. (2) ] The period of noncomplianceincluding exact dates and times and, if the noncompliance has not beencorrected, the anticipated time it is expected to continue; and
[ c. (3) ] Steps taken or planned toreduce, eliminate, and prevent reoccurrence 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. 2. ] The permittee shall reportall instances of noncompliance not reported under Part II I 1 [ or 2 ],in writing, at the time the next monitoring reports are submitted. The reportsshall contain the information listed in Part II I [ 2 1 b ].
NOTE: The immediate (within 24 hours) reports required in PartII G, H and I may be made to the department's regional office. Reports may bemade 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 at1-800-468-8892.
[ 3. Where the permittee becomes aware that it failedto submit any relevant facts in a permit registration statement or submittedincorrect information in a permit registration statement or in any report tothe department, it shall promptly submit such facts or information. ]
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 an alteration or addition to anybuilding, structure, facility, or installation from which there is or may be adischarge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306of the Clean Water Act which are applicable to such source; or
(2) After proposal of standards of performance in accordancewith § 306 of the Clean Water Act which are applicable to such source, but onlyif the standards are promulgated in accordance with § 306 of the Act within 120days of their proposal;
b. The alteration or addition could significantly change thenature or increase the quantity of pollutants discharged. This notificationapplies to pollutants [ which that ] are subjectneither to effluent limitations nor to notification requirements [ specifiedelsewhere in this permit under Part I B 12 ]; 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 statement. All registration statements shallbe signed as follows:
a. For a corporation: by a responsible corporate officer. Forthe purpose of this section, a responsible corporate officer means (i) apresident, secretary, treasurer, or vice-president of the corporation in chargeof a principal business function, or any other person who performs similarpolicy-making or decision-making functions for the corporation or (ii) 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 requirements; and where authorityto sign documents has been assigned or delegated to the manager in accordancewith corporate procedures;
b. For a partnership or sole proprietorship: by a generalpartner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency:by either a principal executive officer or ranking elected official. Forpurposes of this section, a principal executive officer of a public agencyincludes (i) the chief executive officer of the agency or (ii) a seniorexecutive officer having responsibility for the overall operations of aprincipal geographic unit of the agency.
2. Reports. All reports required by permits, and otherinformation requested by the board shall be signed by a person described inPart II K 1, or by a duly authorized representative of that person. A person isa duly authorized representative only if:
a. The authorization is made in writing by a person describedin Part II K 1;
b. The authorization specifies either an individual or aposition having responsibility for the overall operation of the regulatedfacility or activity such as the position of plant manager, operator of a wellor a well field, superintendent, position of equivalent responsibility, or anindividual or position having overall responsibility for environmental mattersfor the company. A duly authorized representative thus may 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 PartsPart II K 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 ensure 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 the possibilityof fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with allconditions of this permit. Any permit noncompliance constitutes a violation ofthe State Water Control Law and the Clean Water Act, except that noncompliancewith certain provisions of this permit may constitute a violation of the StateWater Control Law but not the Clean Water Act. Permit noncompliance is groundsfor enforcement action; for permit coverage termination, revocationand reissuance, or modification; or denial of a permit coveragerenewal 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 submit a new registration statement at least 30 days before theexpiration date of the existing permit, unless permission for a later date hasbeen granted by the board. The board shall not grant permission forregistration statements to be submitted later than the expiration date of theexisting 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 or regulations.
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"bypassing" (Part II U) and "upset" (Part II V), nothing inthis permit shall be construed to relieve the permittee from civil and criminalpenalties 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 Article 11 (§ 62.1-44.34:14 etseq.) 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 [ whichthat ] are installed by the permittee only when the operation isnecessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges, orother pollutants removed in the course of treatment or management of pollutantsshall be disposed of in a manner so as to prevent any pollutant from suchmaterials from 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 that ] has areasonable likelihood of adversely affecting 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 that ] does not cause effluentlimitations to be exceeded, but only if it also is for essential maintenance toassure efficient operation. These bypasses are not subject to the provisions ofPart II U 2 and 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance ofthe need for a bypass, prior notice shall be submitted, if possible, at least10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice ofan unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcementaction against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, 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 above 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 action subjectto judicial review.
2. A permittee who wishes to establish the affirmative defenseof upset shall demonstrate through properly signed, contemporaneous operatinglogs or other relevant evidence that:
a. An upset occurred and that the permittee can identify thecause or 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 toestablish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow thedirector or an authorized representative, [ including an authorizedcontractor acting as a representative of the administrator, ] uponpresentation of credentials and other 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 ofensuring permit compliance or as otherwise authorized by the Clean Water Actand the State Water Control Law any substances or parameters at any location.
For purposes of this section, the time for inspection shallbe deemed reasonable during regular business hours, and orwhenever the facility is discharging. Nothing contained [ herein inthis general permit ] shall make an inspection unreasonable during anemergency.
X. Permit actions. Permits Permit coverage maybe modified, revoked and reissued, or terminated for cause. The filingof a request by the permittee for a permit modification, revocationand reissuance, or coverage termination, or a notification ofplanned changes or anticipated noncompliance does not stay any permitcondition.
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 theexisting and 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,and if any provision of this permit or the application of any provision of thispermit to any circumstance, is held invalid, the application of such provisionto other circumstances, and the remainder of this permit, shall not be affectedthereby.
DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-120)
Test Methods for Evaluating Solid Waste, Physical/ChemicalMethods, EPA Publication SW-846, U.S. Environmental Protection Agency, ThirdEdition as amended by Final Updates I, II, IIA, IIB, IIIA, IIIB, IVA, and IVB,National Technical Information Service (NTIS), 5285 Port Royal Road,Springfield, VA 22161, (703) 605-6000 or (800) 553-6847, http://www.epa.gov/SW-846.https://www.epa.gov/hw-sw846
Method 504.1, rev. 1.1 (August 1995)
Method 7010 (February 2007)
Method 8011 (July 1992)
Method 8015C (November 2000)
Method 8015C (February 2007)
Method 8021B (December 1996) Method8021B (July 2014)
Method 8260B (December 1996)
Method 8270D (February 2007) Method8270D (July 2014)
Method 9040C (November 2004)
Methods for the Determination of Organic Compoundsin Drinking Water, Supplement III, EPA Publication 600/R-95/131 (August 1995),U.S. Environmental Protection Agency, Office of Research and Development,Washington, D.C. 20460
VA.R. Doc. No. R16-4715; Filed December 14, 2017, 9:32 a.m.