TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The following regulation filed by the State Water Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title 62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1, 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: 9VAC25-115. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Seafood Processing Facilities (amending 9VAC25-115-10 through 9VAC25-115-50).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: July 24, 2011.
Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.
Summary
This regulatory action amends and reissues the general permit that expires on July 23, 2011, which will continue the existence of the general permit that establishes limitations and monitoring requirements for wastewater discharges from seafood processing facilities. As with an individual VPDES permit, the effluent limits in the general permit are set to protect the quality of the waters receiving the discharges. The substantive changes (i) add two reasons authorization to discharge cannot be granted, (ii) add language to allow for administrative continuances of coverage, (iii) add three new special conditions, (iv) update the storm water pollution prevention plan section, and (v) modify due dates in the conditions applicable to all permits section.
9VAC25-115-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:
"Industrial activity" means the facilities classified under SIC Code 2091 or 2092.
"Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff.
"Seafood processing facility" means any facility classified under SIC Code 2091, 2092, 5142, or 5146, except a mechanized clam facility, which processes or handles seafood intended for human consumption or as bait, except a mechanized clam facility. Seafood includes but is not limited to crabs, oysters, hand-shucked clams, scallops, squid, eels, turtles, fish, conchs and crayfish.
"SIC" means the Standard Industrial Classification Code or Industrial Grouping from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 edition.
"Significant materials" includes, but is not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production (except oyster, clam or scallop shells); hazardous substances designated under § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601); any chemical the facility is required to report pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC § 11023); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.
"Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
"Storm water discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the VPDES program under 9VAC25-31-10 et seq. For the categories of industries identified in the "industrial activity" definition, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts (except for oyster, clam or scallop shells) used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage area (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct or waste product (except for oyster, clam or scallop shells). The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas.
"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.
9VAC25-115-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the discharge of wastewater and storm water associated with industrial activity from seafood processing facilities. [ It does not cover ] wastewater [ discharges from mechanized clam processing facilities. No discharge from seafood processing facilities is allowed except when in compliance with this permit. ]
B. The director, or an authorized representative, may perform any act of the board provided under this regulation, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 24, 2001 2011, and will expire on July 23, 2011 2016. For any covered owner, this general permit is effective upon compliance with all the provisions of 9VAC25-115-30 and the receipt of this general permit.
9VAC25-115-30. 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 files a registration statement in accordance with 9VAC25-115-40 that is accepted by the board, [ files submits ] the required permit fee, complies with the effluent limitations and other requirements of 9VAC25-115-50, and provided that: the owner has not been notified by the [ department board ] that authorization is denied in accordance with subsection B of this section.
B. The [ department board ] will notify an owner of denial of authorization in the event of any of the following:
1. Individual permit. The owner shall not have been is required to obtain an individual permit as may be required in the VPDES Permit Regulation (9VAC25-31). in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. Prohibited discharge locations. The owner shall not be authorized by this general permit is proposing to discharge to state waters specifically named in other board regulations [ or policies ] that prohibit such discharges.;
3. Nutrient discharges. Annual The owner is proposing to discharge annual mass loadings of total nitrogen in excess of 2,300 pounds per year or of total phosphorus in excess of 300 pounds per year are not authorized by this general permit.;
4. The discharge would violate the antidegradation policy stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or
5. A TMDL (board adopted and EPA approved or EPA imposed) contains a WLA for the facility, unless this general permit specifically addresses the TMDL pollutant of concern and the permit limits are at least as stringent as those required by the TMDL WLA.
Receipt of this general permit does not relieve any owner of the responsibility to comply with any other federal, state or local statute, ordinance or regulation. C. Compliance with this general permit constitutes compliance with the Clean Water Act, 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 federal, state or local statute, ordinance or regulation.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the general permit issued in 2006, and who submits a complete registration statement on or before July 23, 2011, is authorized to continue to discharge under the terms of the 2006 general permit until such time as the [ department board ] either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that coverage under this permit is denied.
2. When the [ facility owner ] that was covered under the expiring or expired general permit [ is not in compliance with has violated or is violating ] the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the general permit that has been continued;
b. Issue a notice of intent to deny coverage under the amended general permit. If the general permit coverage is denied, the owner would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES permit Regulation (9VAC25-31).
9VAC25-115-40. Registration statement.
A. Deadlines for submitting registration statement. The owner [ seeking coverage under this general permit ] shall file submit a complete general VPDES permit registration statement in accordance with this chapter, which will shall serve as a notice of intent for coverage under the general permit for seafood processors.
1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement to the [ department board ] at least 30 days prior to the date planned for commencing operation of the treatment works.
2. Existing facilities.
a. Any owner of an existing seafood processing facility covered by an individual VPDES permit who is proposing to be covered by this general permit [ shall notify the department at least 180 days prior to the expiration date of the individual VPDES permits, and ] shall submit a complete registration statement at least [ 30 210 ] days prior to the expiration date of the individual VPDES permit.
b. Any owner of an existing facility covered by the that was authorized to discharge under the general VPDES permit for seafood processing facilities that became effective on July 24, 2001 2006, and who wishes to remain covered by intends to continue coverage under this general permit shall file a new submit a complete registration statement to the [ department board ] prior to June 24, 2011 in accordance with the general permit requirements in order to avoid a lapse in coverage. Any owner proposing a new discharge shall file the registration statement at least 30 days prior to the date planned for operation of the new discharge. Any owner of an existing seafood processing facility covered by an individual VPDES permit who is proposing to be covered by this general permit shall file the registration statement at least 180 days prior to the expiration date of the individual VPDES permit.
[ c. Any owner of an existing seafood processing facility not currently covered by a VPDES permit who is proposing to be covered by this general permit shall ] file the [ submit a complete registration statement to the department. ]
After [ d. c. ] Any owner of an existing seafood processing facility adding a new process after coverage under the general permit is obtained, shall submit an amended registration statement must be submitted to the [ department board ] at least 30 days prior to commencing operation of any the new process not included on the original registration statement.
[ 3. New owners of existing facilities. Any new owner of an existing facility that is covered by this general permit must submit a complete registration statement or a VPDES Change of Ownership form within 30 days of the transfer of title.
4. 3. ] Late registration statements will be accepted but authorization to discharge will not be retroactive.
B. The registration statement shall contain the following information:
1. Facility name, owner, mailing address, email address (where available), and telephone number;
2. Facility location street address (if different from mailing address);
3. Facility operator name, address, email address, and telephone number if different than owner;
4. Does the facility discharge to surface waters? Name of receiving stream if yes and, if no, describe the discharge;
5. Does the facility have a current VPDES Permit? Permit Number if yes;
6. The original date of construction of the seafood processing facility building and dates and description of all subsequent facility construction.;
7. A USGS topographic or computer generated map showing the facility discharge location and receiving water body;
8. Facility SIC Code(s);
9. Nature of business at facility;
10. Discharge outfall information;
11. Facility maximum production information;
12. Facility line (water balance) drawing;
13. Discharge and outfall descriptions for different seafood processes that operate simultaneously;
14. Treatment and solid waste disposal information;
15. Information on use of chemicals at the facility; and
16. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
The registration statement shall be signed in accordance with 9VAC25-31-110.
9VAC25-115-50. General permit.
Any owner whose registration statement is accepted by the director will receive the following permit and shall comply with the requirements therein and be subject to all requirements of the VPDES Permit Regulation, 9VAC25-31.
General Permit No.: VAG52
Effective Date: July 24, 2006 2011
Expiration Date: July 23 [ , ] 2011 2016
GENERAL PERMIT FOR SEAFOOD PROCESSING FACILITY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of seafood processing facilities, other than mechanized clam processing facilities, are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations [ or policies ] that prohibit such discharges.
The authorized discharge shall be in accordance with this cover page, Part I—Effluent Limitations and Monitoring Requirements, Part II—Storm Water Pollution Prevention Plans, and Part III—Conditions Applicable to All VPDES Permits, as set forth herein.
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.15 | 0.30 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 0.45 | 0.90 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.065 | 0.13 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BLUE CRAB PROCESSING—ALL EXISTING SOURCES
4. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12.0 | 36.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 4.2 | 13.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BLUE CRAB PROCESSING—ALL NEW SOURCES
5. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 2.5 | 5.0 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 6.3 | 13 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 1.3 | 2.6 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY
6. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 38.0 | 110 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 12.0 | 36.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—NONBREADED SHRIMP PROCESSING—ALL NEW SOURCES
7. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from nonbreaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 25.0 | 63.0 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 10.0 | 25.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 1.6 | 4.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED SHRIMP PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 2,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY
8. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 93.0 | 280 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 12.0 | 36.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—BREADED SHRIMP PROCESSING—ALL NEW SOURCES
9. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 40.0 | 100 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 22.0 | 55.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 1.5 | 3.8 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA PROCESSING—ALL EXISTING SOURCES
10. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 3.3 | 8.3 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.84 | 2.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—TUNA PROCESSING—ALL NEW SOURCES
11. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 8.1 | 20.0 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 3.0 | 7.5 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.76 | 1.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL BOTTOM FISH PROCESSING—EXISTING SOURCES PROCESSING MORE THAN 4,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY
12. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 2.0 | 3.6 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.55 | 1.0 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring
Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—CONVENTIONAL BOTTOM FISH PROCESSING—ALL NEW SOURCES
13. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 0.71 | 1.2 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 0.73 | 1.5 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.042 | 0.077 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BOTTOM FISH PROCESSING—ALL EXISTING SOURCES
14. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 12.0 | 22.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 3.9 | 9.9 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—MECHANIZED BOTTOM FISH PROCESSING—ALL NEW SOURCES
15. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| BOD5 | NL | NL | 7.5 | 13.0 | NA | 1/3 Months | Comp Composite
|
| TSS | NL | NL | 2.9 | 5.3 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.47 | 1.2 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED CLAM PROCESSING—EXISTING SOURCES WHICH PROCESS MORE THAN 4,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY
16. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 18.0 | 59.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.23 | 0.60 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED CLAM PROCESSING—ALL NEW SOURCES
17. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 17.0 | 55.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.21 | 0.56 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED OYSTER PROCESSING—EXISTING SOURCES WHICH PROCESS MORE THAN 1,000 LBS OF RAW MATERIAL PER DAY ON ANY DAY
18. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16.0 | 23.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—HAND-SHUCKED OYSTER PROCESSING—ALL NEW SOURCES
19. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
| EFFLUENT CHARACTERISTICS | MONITORING REQUIREMENTS kg/day | DISCHARGE LIMITATIONS kg/kkg | Sample Frequency | Sample Type |
| Monthly Avg | Daily Max | Monthly Avg | Daily Max | Daily Min |
| Flow (MGD) | NA | NL | NA | NA | NA | 1/3 Months | Estimate |
| pH (S.U.) | NA | NA | NA | 9.0 | 6.0 | 1/3 Months | Grab |
| TSS | NL | NL | 16.0 | 23.0 | NA | 1/3 Months | Comp Composite
|
| Oil and Grease | NL | NL | 0.77 | 1.1 | NA | 1/3 Months | Grab |
| Production | NA | NL | NA | NA | NA | 1/3 Months | Measure Measurement
|
NL = No Limitation, monitoring required
NA = Not applicable
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Comp Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production—see Special Condition No. 5.
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—STEAMED AND CANNED OYSTER PROCESSING—ALL EXISTING SOURCES
20. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
B. Special conditions.
1. No sewage shall be discharged from a point source to surface waters at this facility except under the provisions of another VPDES permit specifically issued for that purpose.
2. There shall be no chemicals added to the water or waste to be discharged [ , including sodium tripolyphosphate ], other than those listed on the owner's accepted registration statement.
3. Wastewater should be reused or recycled to the maximum extent practicable.
4. The permittee shall comply with the following solids management plan:
a. There shall be no discharge of floating solids or visible foam in other than trace amounts.
b. All floors, machinery, conveyor belts, dock areas, etc. shall be dry swept or dry brushed prior to washdown.
c. All settling basins shall be cleaned frequently in order to achieve effective settling.
d. All solids resulting from the seafood processes covered under this general permit, other than oyster, clam or scallop shells, shall be handled, stored and disposed of so as to prevent a discharge to state waters of such solids or industrial wastes or other wastes from those solids.
e. The permittee shall install and properly maintain wastewater treatment necessary in order to remove organic solids present in the wastewater that may settle and accumulate on the substrate of the receiving waters in other than trace amounts.
f. All employees shall receive training relative to preventive measures taken to control the release of solids from the facility into surface waters.
5. Production to be reported and used in calculating effluent discharge levels in terms of kg/kkg shall be the weight in kilograms of raw material processed, in the form in which it is received at the processing plant, on the day of effluent sampling, except for the hand-shucked oyster, steamed and canned oyster, and scallop processing subcategories, for which production shall mean the weight of oyster or scallop meat after processing. The effluent levels in terms of kg/kkg shall be calculated by dividing the measured pollutant load in kg/day by the production level in kkg (thousands of kilograms).
6. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur that would result in the discharge on a routine or frequent basis of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l);
(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur that would result in any discharge on a nonroutine or infrequent basis of a toxic pollutant that is not limited in the permit if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l);
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
7. Compliance reporting and recordkeeping under Part I A.
a. The quantification levels (QL) shall be less than or equal to the following concentrations:
| Effluent Parameter | Quantification Level |
| BOD | 2.0 mg/l |
| TSS | 1.0 mg/l |
| Oil and Grease | 5.0 mg/l |
The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.
b. Recording results. Any concentration below the QL used in the analysis shall be recorded as < "QL" if it is less than the QL used in the analysis (the QL must be less than or equal to the QL in subdivision a of this subdivision. Otherwise the numerical value shall be recorded.
c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding conventions used by the permittee (e.g., 5 always rounding up or to the nearest even number), the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.
8. The discharges authorized by this permit shall be controlled as necessary to meet water quality standards in 9VAC25-260.
9. If a new process is added after coverage under the general permit is obtained, an amended registration statement must be submitted at least 30 days prior to commencing operation of the new process.
Part II
Storm Water Pollution Prevention Plans
A storm water pollution prevention plan (SWPPP) shall be developed for each facility covered by this permit, which has storm water discharges and is classified under SIC Code 2091 or 2092.
The SWPPP shall be prepared in accordance with good engineering practices and shall identify potential sources of pollution that may reasonably be expected to affect the quality of storm water discharges from the facility. In addition, the plan shall describe and ensure the implementation of practices that will be used to reduce the pollutants in storm water discharges from the facility, and shall assure compliance with the terms and conditions of this permit. Permittees must implement the provisions of the SWPPP as a condition of this permit.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans or documents such as an erosion and sediment control (ESC) plan, a spill prevention control and countermeasure (SPCC) plan developed for the facility under § 311 of the Clean Water Act or best management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds the plan requirements of this section. If an ESC plan is being incorporated by reference, it shall have been approved by the locality in which the activity is to occur or by another appropriate plan approving authority authorized under the Erosion and Sediment Control Regulations, 4VAC50-30. All plans incorporated by reference into the SWPPP become enforceable under this permit.
A. Deadlines for plan preparation and compliance.
1. Facilities that were covered under the 2001 2006 Seafood Processing General Permit. Owners of facilities that were covered under the 2001 2006 Seafood Processing General Permit who are continuing coverage under this general permit shall update and implement any revisions to the SWPPP not later than December 30, 2006 2011.
2. New facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit who elect to be covered under this general permit must prepare and implement the SWPPP prior to submitting the registration statement.
3. New owners of existing facilities. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility must update and implement any revisions to the SWPPP within 60 days of the ownership change transfer of title.
4. Extensions. Upon a showing of good cause, the director may establish a later date in writing for the preparation and compliance with the SWPPP.
B. Contents of the plan. The plan shall include, at a minimum, the following items:
1. Pollution prevention team. The plan shall identify the staff individuals by name or title that comprise the facility's storm water pollution prevention team. The pollution prevention team is responsible for assisting the facility or plant manager in developing, implementing, maintaining, and revising, and maintaining compliance with the facility's SWPPP. Responsibilities Specific responsibilities of each staff individual on the team must shall be identified and listed.
2. Site description. The SWPPP shall include the following:
a. Activities at the facility. A description of the nature of the industrial activity(ies) activities at the facility.
b. General location map. A general location map (e.g., USGS quadrangle or other map) with enough detail to identify the location of the facility and the receiving waters within one mile of the facility.
c. Site map. A site map identifying the following:
(1) The size of the property (in acres);
(2) The location and extent of significant structures and impervious surfaces (roofs, paved areas, and any other impervious areas);
(3) Locations of all storm water conveyances including ditches, pipes, swales, and inlets, and the Directions directions of storm water flow (e.g., use arrows to show which ways storm water will flow);
(2) (4) Locations of all existing structural and source control BMPs;
(3) (5) Locations of all surface water bodies, including wetlands;
(4) (6) Locations of identified potential pollutant sources and where significant materials are exposed to precipitation;
(5) (7) Locations where major significant spills or leaks have occurred;
(6) (8) Locations of the following activities where such activities are exposed to precipitation: fueling stations; vehicle and equipment maintenance and/or cleaning areas; loading/unloading areas; locations used for the treatment, storage or disposal of wastes; and liquid storage tanks; processing and storage areas; access roads, rail cars and tracks; transfer areas for substances in bulk; and machinery;
(7) (9) Locations of storm water outfalls and an approximate outline of the area draining to each outfall, and location of municipal storm sewer systems (MS4s), if the storm water from the facility discharges to them;
(8) (10) Location and description of all nonstorm water discharges;
(9) Locations of the following activities where such activities are exposed to precipitation: processing and storage areas; access roads, rail cars and tracks; the location of transfer of substance in bulk; and machinery; (11) Location of any storage piles containing salt used for deicing or other commercial or industrial purposes; and
(10) (12) Location and source of runoff runon to the site from adjacent property containing, where the runon contains significant quantities of pollutants of concern to the facility (the. The permittee may shall include an evaluation with the SWPPP of how the quality of the storm water running onto the facility impacts the facility's storm water discharges) discharges.
d. Receiving waters and wetlands. The name of the nearest all surface waters receiving water(s) discharges from the site, including intermittent streams, dry sloughs, and arroyos and the areal extent and. Provide a description of wetland sites that may receive discharges from the facility. If the facility discharges through an MS4, identify the MS4 operator and the receiving water to which the MS4 discharges.
3. Summary of potential pollutant sources. The plan shall identify each separate area at the facility where industrial materials or activities are exposed to storm water. Industrial materials or activities include, but are not limited to: material handling equipment or activities, industrial machinery, raw materials, industrial production and processes, intermediate products, byproducts, final products, or and waste products. Material handling activities include, but are not limited to, the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product. For each separate area identified, the description must shall include:
a. Activities in area. A list of the activities (e.g., material storage, equipment fueling and cleaning, cutting steel beams);
b. Pollutants. A list of the associated pollutant(s) or pollutant parameter(s) (e.g., crankcase oil, iron, biochemical oxygen demand, pH, zinc, sulfuric acid, cleaning solvents, etc.) for each activity. The pollutant list must shall include all significant materials that have been handled, treated, stored, or disposed in a manner to allow exposure that have been exposed to storm water between the time of in the three years before being covered under this permit and the present prior to the date this SWPP was prepared or amended. The list shall include any hazardous substance or oil at the facility.
4. Spills and leaks. The SWPPP must shall clearly identify areas where potential spills and leaks that can contribute pollutants to storm water discharges can occur and their accompanying drainage points corresponding outfalls. For areas that are exposed to precipitation or that otherwise drain to a storm water conveyance at the facility to be covered under this permit, the The plan must shall include a list of significant spills and leaks of toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a storm water conveyance during the three-year period prior to the date of the submission of a registration statement this SWPPP was prepared or amended. The list must shall be updated if significant spills or leaks occur in exposed areas of the facility during the term of the permit. Significant spills and leaks include releases of oil or hazardous substances in excess of reportable quantities, and may also include releases of oil or hazardous substances that are not in excess of reporting requirements.
5. Sampling data. The plan must shall include a summary of existing discharge sampling data taken at the facility, and must shall also include a summary of sampling data collected during the term of this permit.
6. Storm water controls. The SWPPP shall include a description of storm water management controls appropriate for the facility. The description of controls shall address the following minimum components:
a. Description of existing and planned BMPs. The plan shall describe the type and location of existing nonstructural and structural best management practices (BMPs) selected for each of the areas where industrial materials or activities are exposed to storm water. All BMPs shall be implemented for all the areas identified in Part III B 3 Part II B 3 (summary of potential pollutant sources) should have a BMP(s) identified for the area's discharges. For areas where BMPs are not currently in place, include a description of appropriate BMPs that will be used to control pollutants in storm water discharges to prevent or control pollutants in storm water discharges from the facility. All reasonable steps shall be taken to control or address the quality of discharges from the site that may not originate at the facility. The SWPPP shall describe the type, location, and implementation of all BMPs for each area where industrial materials or activities are exposed to storm water. Selection of BMPs should shall take into consideration:
(1) The quantity and nature of the pollutants, and their potential to impact the water quality of receiving waters;
(2) Opportunities to combine the dual purposes of water quality protection and local flood control benefits, including physical impacts of high flows on streams (e.g., bank erosion, impairment of aquatic habitat, etc.);
(3) Opportunities to offset the impact of impervious areas of the facility on ground water recharge and base flows in local streams, taking into account the potential for ground water contamination.
(1) That preventing storm water from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from storm water;
(2) BMPs generally shall be used in combination with each other for most effective water quality protection;
(3) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures;
(4) That minimizing impervious areas at the facility can reduce runoff and improve groundwater recharge and stream base flows in local streams (however, care must be taken to avoid ground water contamination);
(5) Flow attenuation by use of open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;
(6) Conservation or restoration of riparian buffers will help protect streams from storm water runoff and improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
b. BMP types to be considered Control measures. The permittee must consider shall implement the following types of structural, nonstructural and other BMPs for implementation at to prevent and control pollutants in the storm water discharges from the facility, unless it can be demonstrated and documented that such controls are not relevant to the discharges (e.g., there are no storage piles containing salt). The SWPPP shall describe how each BMP is, or will be, implemented. The BMP examples listed below are not intended to be an exclusive list of BMPs that may be used. The permittee is encouraged to keep abreast of new BMPs or new applications of existing BMPs to find the most cost effective means of permit compliance for the facility. If BMPs are being used or planned at the facility that are not listed here (e.g., replacing a chemical with a less toxic alternative, adopting a new or innovative BMP, etc.), descriptions of them shall be included in this section of the SWPPP.
(1) Nonstructural BMPs.
(a) Good housekeeping. The permittee must keep all exposed areas of the facility in a clean, orderly manner where such exposed areas could contribute pollutants to storm water discharges. Common problem areas include around trash containers, storage areas and loading docks. Measures must also include a schedule for regular pickup and disposal of garbage and waste materials and routine inspections for leaks and conditions of drums, tanks and containers shall keep clean all exposed areas of the facility that are potential sources of pollutants to storm water discharges. Typical problem areas include areas around trash containers, storage areas, loading docks, and vehicle fueling and maintenance areas. The plan shall include a schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and conditions of drums, tanks, and containers. The introduction of raw, final or waste materials to exposed areas of the facility shall be minimized to the maximum extent practicable. The generation of dust, along with off-site vehicle tracking of raw, final or waste materials, or sediments, shall be minimized to the maximum extent practicable.
(b) Minimizing (2) Eliminating and minimizing exposure. Where To the extent practicable, industrial materials and activities should shall be located inside, or protected by a storm-resistant shelter covering to prevent exposure to rain, snow, snowmelt, or and runoff.
(c) (3) Preventive maintenance. The permittee must shall have a preventive maintenance program that includes timely inspection and maintenance of storm water management devices (e.g., cleaning oil/water separators, catch basins), as well as inspection, testing, maintenance and repairing of facility equipment and systems to avoid breakdowns or failures that could result in discharges of pollutants to surface waters regular inspection, testing, maintenance, and repairing of all industrial equipment and systems to avoid breakdowns or failures that could result in leaks, spill, and other releases. This program is in addition to the specific BMP maintenance required under Part II C (Maintenance of BMPs).
(d) (4) Spill prevention and response procedures. The plan must shall describe the procedures that will be followed for cleaning up spills or leaks. The procedures and necessary spill response equipment must be made available to those employees who may cause or detect a spill or leak. Where appropriate, the plan must include an explanation of existing or planned material handling procedures, storage requirements, secondary containment, and equipment (e.g., diversion valves), that are intended to minimize spills or leaks at the facility. Measures for cleaning up hazardous material spills or leaks must be consistent with applicable RCRA regulations at 40 CFR Part 264 (2005) and 40 CFR Part 265 (2005) preventing and responding to spills and leaks.
(a) Preventive measures include barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling.
(b) Response procedures shall include (i) notification of appropriate facility personnel, emergency agencies, and regulatory agencies; and (ii) procedures for stopping, containing, and cleaning up spills. Measures for cleaning up hazardous material spills or leaks shall be consistent with applicable RCRA regulations at 40 CFR Part 264 (2005) and 40 CFR Part 265 (2005). Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals shall be a member of the Pollution Prevention Team.
(c) Contact information for individuals and agencies that must be notified in the event of a spill shall be included in the SWPPP, and in other locations where it will be readily available.
(e) (5) Routine facility inspections. Facility personnel who are familiar with the industrial activity, the BMPs and the storm water pollution prevention plan shall be identified to inspect all areas of the facility where industrial materials or activities are exposed to storm water. These inspections are in addition to, or as part of, the comprehensive site evaluation and must include an evaluation of the existing storm water BMPs. The inspection frequency shall be specified in the plan based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly unless more frequent intervals are specified elsewhere in the permit. Any deficiencies in the implementation of the SWPPP that are found must be corrected as soon as practicable, but not later than within 14 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections must be documented in the SWPPP, along with any corrective actions that were taken in response to any deficiencies or opportunities for improvement that were identified possess the knowledge and skills to assess conditions and activities that could impact storm water quality at the facility, and who can also evaluate the effectiveness of BMPs shall regularly inspect all areas of the facility where industrial materials or activities are exposed to storm water. These inspections are in addition to, or as part of, the comprehensive site evaluation required under Part II D. At least one member of the Pollution Prevention Team shall participate in the routine facility inspections. The inspection frequency shall be specified in the plan based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly unless more frequent intervals are specified elsewhere in the permit or written approval is received from the department for less frequent intervals. Any deficiencies in the implementation of the SWPPP that are found shall be corrected as soon as practicable, but not later than within 30 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections shall be documented in the SWPPP, along with the date(s) and description(s) of any corrective actions that were taken in response to any deficiencies or opportunities for improvement that were identified.
(f) (6) Employee training. The SWPPP must describe the storm water employee training program for the facility. The description should include the topics to be covered, such as spill response, good housekeeping, and material management practices, and must identify periodic dates for such training (e.g., every six months during the months of July and January). Employee training must be provided for all employees who work in areas where industrial materials or activities are exposed to storm water, and for employees who are responsible for implementing activities identified in the SWPPP (e.g., inspectors, maintenance people). The training should inform employees of the components and goals of the SWPPP permittee shall implement a storm water employee training program for the facility. The SWPPP shall include a schedule for all types of necessary training, and shall document all training sessions and the employees who received the training. Training shall be provided for all employees who work in areas where industrial materials or activities are exposed to storm water, and for employees who are responsible for implementing activities identified in the SWPPP (e.g., inspectors, maintenance personnel, etc.). The training shall cover the components and goals of the SWPPP, and include such topics as spill response, good housekeeping, material management practices, BMP operation and maintenance, etc. The SWPPP shall include a summary of any training performed.
(2) Structural BMPs.
(a) (7) Sediment and erosion control. The plan shall identify areas at the facility that, due to topography, land disturbance (e.g., construction), construction, landscaping, site grading), or other factors, have a potential for significant soil erosion. The plan must permittee shall identify and implement structural, vegetative, and/or stabilization BMPs that will be implemented to limit to prevent or control on-site and off-site erosion and sedimentation. Flow velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel if the flows would otherwise create erosive conditions.
(b) (8) Management of runoff. The plan shall describe the traditional storm water runoff management practices (permanent (i.e., permanent structural BMPs) other than those that control the generation or source(s) of pollutants) that currently exist or that are planned for the facility. These types of BMPs are typically used to divert, infiltrate, reuse, or otherwise reduce pollutants in storm water discharges from the site. The plan shall provide that all measures that the permittee determines to be reasonable and appropriate, or are required by a state or local authority shall be implemented and maintained. Factors for the permittee to consider when selecting appropriate BMPs should include:
(i) The industrial materials and activities that are exposed to storm water, and the associated pollutant potential of those materials and activities;
(ii) The beneficial and potential detrimental effects on surface water quality, ground water quality, receiving water base flow (dry weather stream flow), and physical integrity of receiving waters. Structural measures should be placed on upland soils, avoiding wetlands and floodplains, if possible.
(c) Example BMPs. BMPs that could be used include but are not limited to: storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff on-site; and sequential systems (which combine several practices).
(d) Other Controls. Off-site vehicle tracking of raw, final, or waste materials or sediments, and the generation of dust must be minimized. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas must be minimized. Velocity dissipation devices (or equivalent measures) must be placed at discharge locations and along the length of any outfall channel if they are necessary to provide a nonerosive flow velocity from the structure to a water course. Structural BMPs may require a separate permit under § 404 of the CWA and the Virginia Water Protection Permit Program Regulation (9VAC25-210) before installation begins.
C. Maintenance. All BMPs identified in the SWPPP shall must be maintained in effective operating condition. If site inspections identify BMPs that are not operating effectively, maintenance must be performed before the next anticipated storm event, or as necessary to maintain the continued effectiveness of storm water controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. In the case of nonstructural BMPs, the effectiveness of the BMP must be maintained by appropriate means (e.g., spill response supplies available and personnel trained, etc.). Storm water BMPs identified in the SWPPP shall be observed during active operation (i.e., during a storm water runoff event) to ensure that they are functioning correctly. Where discharge locations are inaccessible, nearby downstream locations shall be observed. The observations shall be documented in the SWPPP.
The SWPPP shall include a description of procedures and a regular schedule for preventive maintenance of all BMPs, and shall include a description of the back-up practices that are in place should a runoff event occur while a BMP is off line. The effectiveness of nonstructural BMPs shall also be maintained by appropriate means (e.g., spill response supplies available and personnel trained, etc.).
If site inspections required by Part II B 6 b (5) (Routine facility inspections) or Part II D (Comprehensive site compliance evaluation) identify BMPs that are not operating effectively, repairs or maintenance shall be performed before the next anticipated storm event. If maintenance prior to the next anticipated storm event is not possible, maintenance shall be scheduled and accomplished as soon as practicable. In the interim, back-up measures shall be employed and documented in the SWPPP until repairs or maintenance is complete. Documentation shall be kept with the SWPPP of maintenance and repairs of BMPs, including the date or dates of regular maintenance, date or dates of discovery of areas in need of repair or replacement, and for repairs, date or dates that the BMPs returned to full function, and the justification for any extended maintenance or repair schedules.
D. Comprehensive site compliance evaluation. The permittee shall conduct facility inspections (site compliance evaluations) comprehensive site compliance evaluations at least once a year. The inspections must evaluations shall be done by qualified personnel who may be either facility employees or outside constituents hired by the facility. The inspectors must be familiar with the industrial activity, the BMPs and the SWPPP, and must possess the skills to assess conditions at the facility that could impact storm water quality, and to assess the effectiveness of the BMPs that have been chosen to control the quality of the storm water discharges. If more frequent inspections are conducted, the SWPPP must specify the frequency of inspections possess the knowledge and skills to assess conditions and activities that could impact storm water quality at the facility, and who can also evaluate the effectiveness of BMPs. The personnel conducting the evaluations may be either facility employees or outside constituents hired by the facility.
1. Scope of the compliance evaluation. Inspections must Evaluations shall include all areas where industrial materials or activities are exposed to storm water and areas where spills and leaks have occurred within the past three years. Inspectors should look for, as identified in Part II B 3. The personnel shall evaluate:
a. Industrial materials, residue or trash on the ground that may have or could contaminate or be washed away in come into contact with storm water;
b. Leaks or spills from industrial equipment, drums, barrels, tanks or similar other containers that have occurred within the past three years;
c. Off-site tracking of industrial or waste materials or sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas;
e. Evidence of, or the potential for, pollutants entering the drainage system.;
f. Evidence of pollutants discharging to surface waters at all facility outfalls, and the condition of and around the outfall, including flow dissipation measures to prevent scouring;
g. Review of training performed, inspections completed, maintenance performed, quarterly visual examinations, and effective operation of BMPs; and
h. Results of both visual and any analytical monitoring done during the past year must shall be taken into consideration during the evaluation. Storm water BMPs identified in the SWPPP must be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they must be inspected to see whether BMPs are effective in preventing significant impacts to receiving waters. Where discharge locations are inaccessible, nearby downstream locations must be inspected if possible.
2. Based on the results of the inspection evaluation, the SWPPP shall be modified as necessary (e.g., show additional controls on the map required by Part II B 2 c; revise the description of controls required by Part II B 6 to include additional or modified BMPs designed to correct problems identified). Revisions to the SWPPP shall be completed within two weeks 30 days following the inspection evaluation, unless permission for a later date is granted in writing by the director. If existing BMPs need to be modified or if additional BMPs are necessary, implementation must shall be completed before the next anticipated storm event, if practicable, but not more than 12 weeks 60 days after completion of the comprehensive site evaluation, unless permission for a later date is granted in writing by the director; department.
3. Compliance evaluation report. A report shall be written summarizing the scope of the inspection evaluation, name(s) name or names of personnel making the inspection evaluation, the date(s) date or dates of the inspection evaluation, and major all observations relating to the implementation of the SWPPP, and actions taken shall be made and retained as part of the SWPPP for at least three years from the date of the inspection including elements stipulated in Part II D 1 (a) through (f) of this general permit. Major observations should Observations shall include such things as: the location(s) location or locations of discharges of pollutants from the site; location or locations of previously unidentified sources of pollutants; location(s) location or locations of BMPs that need to be maintained or repaired; location(s) location or locations of failed BMPs that failed to operate as designed or proved inadequate for a particular location need replacement; and location(s) location or locations where additional BMPs are needed that did not exist at the time of inspection. The report shall identify any incidents of noncompliance that were observed. Where a report does not identify any incidents of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP and this permit. The report shall be signed in accordance with Part III K; and maintained with the SWPPP.
4. Where compliance evaluation schedules overlap with routine inspections required under Part II B 6 b (5), the annual compliance evaluation may be used as one of the routine inspections.
F. E. Signature and plan review.
1. Signature/location. The plan SWPPP shall be signed in accordance with Part III K, dated, and retained on-site at the facility covered by this permit. All changes to the SWPPP, and other permit compliance documentation, must be signed and dated by the person preparing the change or documentation.
2. Availability. The permittee shall make the SWPPP, annual site compliance inspection evaluation report, and other information available to the department upon request.
3. Required modifications. The director may notify the permittee at any time that the plan does SWPPP, BMPs, or other components of the facility's storm water program do not meet one or more of the minimum requirements of this permit. The notification shall identify those specific provisions of the permit that are not being met, as well as the and may include required modifications to the storm water program, additional monitoring requirements, and special reporting requirements. The permittee shall make the any required changes to the SWPPP within 60 days of receipt of such notification, unless permission for a later date is granted in writing by the director, and shall submit a written certification to the director that the requested changes have been made.
G. F. Maintaining an updated SWPPP.
1. The permittee shall review and amend the SWPPP as appropriate whenever:
1. a. There is construction or a change in design, construction, operation, or maintenance at the facility that has a significant effect on the discharge, or the potential for the discharge, of pollutants from the facility;
b. Routine inspections or compliance evaluations determine that there are deficiencies in the BMPs;
2. During inspections, monitoring, or investigations c. Inspections by facility personnel or by local, state, or federal officials it is determined determine that modifications the SWPPP is ineffective in eliminating or significantly minimizing pollutants from sources or is otherwise not achieving the general objectives of controlling pollutants in discharges from the facility. are necessary;
d. There is a spill, leak or other release at the facility; or
e. There is an unauthorized discharge from the facility.
2. SWPPP modifications shall be made within 30 calendar days after discovery, observation, or event requiring a SWPPP modification. Implementation of new or modified BMPs (distinct from regular preventive maintenance of existing BMPs described in Part II C) shall be initiated before the next storm event if possible, but no later than 60 days after discovery, or as otherwise provided or approved by the director. The amount of time taken to modify a BMP or implement additional BMPs shall be documented in the SWPPP.
3. If the SWPPP modification is based on a release or unauthorized discharge, include a description and date of the release, the circumstances leading to the release, actions taken in response to the release, and measures to prevent the recurrence of such releases. Unauthorized releases and discharges are subject to the reporting requirements of Part III G of this permit.
H. Special pollution prevention plan requirements.
1. Additional requirements for storm water discharges associated with industrial activity that discharge into or through municipal separate storm sewer systems.
a. In addition to the applicable requirements of this permit, facilities covered by this permit must comply with applicable requirements in municipal storm water management programs developed under VPDES permits issued for the discharge of the municipal separate storm sewer system that receives the facility's discharge, provided the permittee has been notified of such conditions.
b. Permittees that discharge storm water associated with industrial activity through a municipal separate storm sewer system, or a municipal system designated by the director shall make plans available to the municipal operator of the system upon request.
2. Additional requirements for storm water discharges associated with industrial activity from facilities subject to EPCRA § 313 reporting requirements. Any potential pollutant sources for which the facility has reporting requirements under EPCRA § 313 must be identified in the SWPPP.
Part III
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information that the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part III F (unauthorized discharges); or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within 5 days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Parts III I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part III I 2.
NOTE: The immediate (within 24 hours) reports required in Parts III G, H, and I may be made to the department's regional office. Reports may be made by telephone or by fax. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306 of the federal Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in accordance with § 306 of the federal Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other information requested by the board, shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Parts III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the federal Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the federal Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the federal Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under § 405(d) of the federal Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 180 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions on "bypass" (Part III U), and "upset" (Part III V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Parts III U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III I (reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An upset, defined in 9VAC25-31-10, constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part III I; and
d. The permittee complied with any remedial measures required under Part III S.
3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring permit compliance or as otherwise authorized by the federal Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits.
1. Permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the federal Clean Water Act.
2. As an alternative to transfers under Part III Y 1, this permit may be automatically transferred to a new permittee if:
a. The current permittee notifies the department at least within 30 days in advance of the proposed transfer of the title to the facility or property;
b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b.
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The form is also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (9VAC25-115)
[ VPDES Change of Ownership Agreement Form (eff. 7/10).
VPDES Change of Ownership Agreement Form (undated). ]
VA.R. Doc. No. R10-2155; Filed January 10, 2011, 3:05 p.m.