TITLE 4. CONSERVATION AND NATURAL RESOURCES
VA.R. Doc. No. R19-5973; Filed April 25, 2019, 3:57 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VA.R. Doc. No. R19-5975; Filed April 25, 2019, 4:52 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VA.R. Doc. No. R19-5977; Filed April 25, 2019, 4:52 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VA.R. Doc. No. R19-5974; Filed April 25, 2019, 4:51 p.m.
TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
State Water Control Board is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which
exempts general permits issued by the State Water Control Board pursuant to the
State Water Control Law (§ 62.1-44.2 et seq.) and Chapters 24 (§ 62.1-242
et seq.) and 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if
the board (i) provides a Notice of Intended Regulatory Action in conformance
with the provisions of § 2.2-4007.01 of the Code of Virginia; (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 of the Code of Virginia; and
(iv) conducts at least one public hearing on the proposed general permit. The
State Water Control Board will receive, consider, and respond to petitions by
any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-151. General Virginia
Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Storm
Water Associated with Industrial Activity (amending 9VAC25-151-10, 9VAC25-151-15,
9VAC25-151-40 through 9VAC25-151-110, 9VAC25-151-130 through 9VAC25-151-160,
9VAC25-151-180 through 9VAC25-151-220, 9VAC25-151-240, 9VAC25-151-280,
9VAC25-151-320, 9VAC25-151-340, 9VAC25-151-350, 9VAC25-151-370; adding
9VAC25-151-380, 9VAC25-151-390; repealing 9VAC25-151-170, 9VAC25-151-230,
9VAC25-151-250, 9VAC25-151-260, 9VAC25-151-270, 9VAC25-151-290, 9VAC25-151-300,
9VAC25-151-310, 9VAC25-151-330, 9VAC25-151-360).
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: July 1, 2019.
Agency Contact: Matthew Richardson, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4195, FAX (804) 698-4032, or email
matthew.richardson@deq.virginia.gov.
Small Business Impact Review Report of Findings: This
final regulatory action serves as the report of the findings of the regulatory
review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The action amends and reissues the existing Virginia
Pollutant Discharge Elimination System (VPDES) General Permit for Discharges of
Stormwater Associated with Industrial Activity, which expires on June 30, 2018.
The general permit establishes permit conditions and monitoring requirements
for point source discharges of stormwater associated with industrial activity
to surface waters. The permit requirements are designed to protect the quality
of the waters receiving the stormwater discharges.
The amendments:
• Reorganize sectors, including moving Standard Industrial
Classification codes with no analytical sampling requirements to a new Sector
AE and facilities with only total suspended solids (TSS) sampling requirements
to new Sector AF;
• Require permittees to notify municipal separate storm
sewer systems of discharges at time of registration;
• Remove benchmark parameters that are not required in the
U.S. Environmental Protection Administration (EPA) Multisector General Permit
(MSGP) for Stormwater Discharges Associated with Industrial Activity and where
data analysis from the current permit term determines that these constituents
are not a water quality concern;
• Require all dischargers with a Chesapeake Bay total
maximum daily load to submit calculations to regional permit staff. Those that
are above TSS, total nitrogen, or total phosphate loading values must submit
and implement an action plan with annual reporting requirements. Reductions
must be met by June 30, 2024;
• Add new waiver conditions for an annual reporting
requirement. Waivers are for installing and maintaining the Chesapeake Bay
program or best management practice (BMP) clearinghouse BMPs, purchasing
perpetual credits, or other BMPs where four samples are used to demonstrate a
facility has met required reductions;
• Add new e-reporting requirements to meet 9VAC25-31-1020;
• Require new housekeeping language in conformance with the
2015 EPA MSGP (waste disposal, material storage, minimize material exposure to
stormwater, and eliminate discharge of plastics);
• Add new control measures language in conformance with the
2015 EPA MSGP (prevent or divert run-on, contain or divert spills before
discharge, clean up spills immediately, store leaking equipment under cover,
use overflow protection, and perform vehicle maintenance under cover);
• Remove comprehensive site compliance evaluation per 2015
EPA MSGP, which was found to be redundant, and add additional language to
routine site inspection;
• Remove sector specific and stormwater pollution
protection plan requirement redundant language;
• Make this general permit similar to the 2015 EPA MSGP and
consistent with other VPDES general permits and respond to technical advisory
committee suggestions; and
• Address staff requests to simplify, clarify, and update
permit requirements.
The substantive changes since publication of the proposed
regulation are moving wood product facilities back into Sector A in
9VAC25-151-50 and adding Sector D back into 9VAC25-151-70.
CHAPTER 151
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL
PERMIT REGULATION FOR DISCHARGES OF STORM WATER STORMWATER
ASSOCIATED WITH INDUSTRIAL ACTIVITY
9VAC25-151-10. Definitions.
The words and terms used in this chapter shall have the
meanings defined in the State Water Control Law (§ 62.1-44.2 et seq. of
the Code of Virginia) and the VPDES Permit Regulation (9VAC25-31) unless the
context clearly indicates otherwise, except that for the purposes of this
chapter:
"Best management practices" or "BMPs"
means schedules of activities, practices (and prohibitions of practices),
prohibitions of practices, structures, vegetation, maintenance
procedures, and other management practices, including both structural and
nonstructural practices, to prevent or reduce the discharge of pollutants
to surface waters. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
"Board" means the Virginia State Water Control
Board or State Water Control Board.
"Closed landfill" means a landfill that, on a
permanent basis, will no longer receive waste and has completed closure in
accordance with applicable federal, state, or local requirements.
"Coal pile runoff" means the rainfall runoff from
or through any coal storage pile.
"Colocated industrial activity" means any
industrial activity, excluding the facility's primary industrial activity,
located on-site that meets the description of a category included in the
"industrial activity" definition. An activity at a facility is not
considered colocated if the activity, when considered separately, does not meet
the description of a category included in the "industrial activity"
definition or identified by the Standard Industrial Classification (SIC) code
list in Table 50-2 in 9VAC25-151-50.
"Commercial treatment and disposal facilities"
means facilities that receive, on a commercial basis, any produced hazardous
waste (not their own) and treat or dispose of those wastes as a service to the
generators. Such facilities treating or disposing exclusively residential
hazardous wastes are not included in this definition.
"Control measure" means any best management
practice or other method (including effluent limitations) used to prevent or
reduce the discharge of pollutants to surface waters.
"Corrective action" means any action to (i)
repair, modify, or replace any stormwater control used at the facility
[ ,; ] (ii) clean up and properly dispose of
spills, releases, or other deposits at the facility [ ,; ]
or (iii) return to compliance with permit requirements.
"Department" or "DEQ" means the Virginia
Department of Environmental Quality.
"Director" means the Director of the Department of
Environmental Quality or an authorized representative.
"Existing discharger" means an operator applying
for coverage under this permit for discharges authorized previously under a
VPDES general or individual permit.
"Impaired water" means, for purposes of this
chapter, a water that has been identified by Virginia pursuant to § 303(d)
of the Clean Water Act as not meeting applicable water quality standards (these
waters are called "water quality limited segments" under 40 CFR
30.2(j)). Impaired waters include both waters with approved or established
TMDLs, and those for which a TMDL has not yet been approved or established.
"Impervious surface" means a surface composed of
any material that significantly impedes or prevents natural infiltration of
water into the soil.
"Industrial activity" - the following categories of
facilities are considered to be engaging in "industrial activity":
1. Facilities subject to stormwater effluent limitations
guidelines, new source performance standards, or toxic pollutant effluent
standards under 40 CFR Subchapter N (except facilities with toxic pollutant
effluent standards which are exempted under category 10 of this definition);
2. Facilities classified as Standard Industrial Classification
(SIC) 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29,
311, 32 (except 323), 33, 3441, and 373 (Office of Management and Budget (OMB)
SIC Manual, 1987);
3. Facilities classified as SIC 10 through 14 (mineral
industry) (OMB SIC Manual, 1987) including active or inactive mining operations
(except for areas of coal mining operations no longer meeting the definition of
a reclamation area under 40 CFR 434.11(l) because the performance bond issued
to the facility by the appropriate Surface Mining Control and Reclamation Act
of 1977 (SMCRA) (30 USC § 1201 et seq.) authority has been released, or except
for areas of noncoal mining operations which have been released from applicable
state or federal reclamation requirements after December 17, 1990) and oil and
gas exploration, production, processing, or treatment operations, or
transmission facilities that discharge stormwater contaminated by contact with
or that has come into contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site
of such operations [ ; ] (inactive mining operations are
mining sites that are not being actively mined, but which have an identifiable owner/operator
owner or operator; inactive mining sites do not include sites where
mining claims are being maintained prior to disturbances associated with the
extraction, benefication, or processing of mined materials, nor sites where
minimal activities are undertaken for the sole purpose of maintaining a mining
claim);
4. Hazardous waste treatment, storage, or disposal facilities,
including those that are operating under interim status or a permit under
Subtitle C of the Resource Conservation and Recovery Act (RCRA) (42 USC
§ 6901 et seq.);
5. Landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that is received from any
of the facilities described under this definition, and debris/wastes debris
or wastes from VPDES regulated construction activities/sites) activities
or sites), including those that are subject to regulation under Subtitle D
of RCRA;
6. Facilities involved in the recycling of materials,
including metal scrapyards, battery reclaimers, salvage yards, and automobile
junkyards, including but limited to those classified as Standard Industrial
Classification Codes 5015 and 5093 (OMB SIC Manual, 1987);
7. Steam electric power generating facilities, including coal
handling sites;
8. Transportation facilities classified as SIC Codes 40, 41,
42 (except 4221-4225), 43, 44, 45, and 5171 (OMB SIC Manual, 1987) which have
vehicle maintenance shops, equipment cleaning operations, or airport deicing
operations. Only those portions of the facility that are either involved in
vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting,
fueling, and lubrication), equipment cleaning operation, airport deicing
operation, or which are otherwise identified under categories 1 through 7 or 9
and 10 of this definition are associated with industrial activity;
9. Treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system used in the storage
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that is located within
the confines of the facility, with a design flow of 1.0 MGD or more, or
required to have an approved [ POTW publicly owned treatment
works (POTW) ] pretreatment program under 9VAC25-31. Not included are
farm lands, domestic gardens or lands used for sludge management where sludge
is beneficially reused and which are not physically located in the confines of
the facility, or areas that are in compliance with 9VAC25-31-420 through
9VAC25-31- 720; [ and ]
10. Facilities under SIC Codes 20, 21, 22, 23, 2434, 25, 265,
267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37
(except 373), 38, 39, 4221-4225 (OMB SIC Manual, 1987).
"Industrial stormwater" means stormwater runoff
from industrial activity.
"Land application unit" means an area where wastes
are applied onto or incorporated into the soil surface (excluding manure
spreading operations) for treatment or disposal.
"Landfill" means an area of land or an excavation
in which wastes are placed for permanent disposal, and that is not a land
application unit, surface impoundment, injection well, or waste pile.
"Measurable storm event" means a storm event that
results in an actual a discharge from a site an outfall.
"Minimize" means reduce or eliminate to the extent
achievable using control measures (including best management practices) that
are technologically available and economically practicable and achievable in
light of best industry practice.
"MS4" means a municipal separate storm sewer
system.
"Municipal separate storm sewer system" or
"MS4" means a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains): (i) owned or operated by a state,
city, town, borough, county, parish, district, association, or other public
body (created by or pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, including special districts
under state law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under § 208 of the
[ CWA Clean Water Act ] that discharges to surface
waters of the state; (ii) designed or used for collecting or conveying
stormwater; (iii) which is not a combined sewer; and (iv) which is not part of
a [ Publicly Owned Treatment Works (POTW) POTW ].
"No exposure" means all industrial materials or
activities are protected by a storm-resistant shelter to prevent exposure to
rain, snow, snowmelt, or runoff.
"Primary industrial activity" includes any
activities performed on-site which are:
1. Identified by the facility's primary SIC code; or
2. Included in the narrative descriptions of the definition of
"industrial activity."
Narrative descriptions in the "industrial activity"
definition include: category 1 activities subject to stormwater effluent
limitations guidelines, new source performance standards, or toxic pollutant
effluent standards; category 4 hazardous waste treatment storage or disposal
facilities, including those that are operating under interim status or a permit
under subtitle C of the Resource Conservation and Recovery Act (RCRA); category
5 landfills, land application sites, and open dumps that receive or have
received industrial wastes; category 7 steam electric power generating
facilities; and category 9 sewage treatment works with a design flow of 1.0 mgd
or more.
For colocated activities covered by multiple SIC codes, the
primary industrial determination should be based on the value of receipts or
revenues, or, if such information is not available for a particular facility,
the number of employees or production rate for each process may be compared.
The operation that generates the most revenue or employs the most personnel is
the operation in which the facility is primarily engaged. In situations where
the vast majority of on-site activity falls within one SIC code, that activity
may be the primary industrial activity.
"Runoff coefficient" means the fraction of total
rainfall that will appear at the conveyance as runoff.
"Significant materials" includes, but is not
limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production; hazardous substances
designated under § 101(14) of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) (42 USC § 9601 et seq.); any chemical the facility
is required to report pursuant to [ EPCRA the Emergency Planning
and Community Right-to-Know Act (EPCRA) ] § 313; fertilizers;
pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharges.
"Significant spills" includes, but is not
limited to: releases of oil or hazardous substances in excess of reportable
quantities under § 311 of the Clean Water Act (see 40 CFR 110.10 and 40 CFR
117.21) or § 102 of CERCLA (see 40 CFR 302.4).
"Site" means the land or water area where any
facility or activity is physically located or conducted, including adjacent
land used in connection with the facility or activity.
"Stormwater" means stormwater runoff, snow melt
runoff, and surface runoff and drainage.
"Stormwater discharge associated with industrial
activity" means the discharge from any conveyance which is used for
collecting and conveying stormwater 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. For the categories of
industries identified in the "industrial activity" definition, the
term includes, but is not limited to, stormwater discharges from
industrial plant yards; immediate access roads and rail lines used or traveled
by carriers of raw materials, manufactured products, waste material, or by-products
used or created by the 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 areas (including tank farms) for raw materials, and
intermediate and final products; and areas where industrial activity has taken
place in the past and significant materials remain and are exposed to
stormwater. For the purposes of this definition, material handling activities
include the storage, loading and unloading, transportation, or conveyance of
any raw material, intermediate product, final product, by-product or waste
product. The term excludes areas located on plant lands separate from the
plant's industrial activities, such as office buildings and accompanying
parking lots, as long as the drainage from the excluded areas is not mixed with
stormwater drained from the above described areas. Industrial facilities
include those that are federally, state, or municipally owned or operated that
meet the description of the facilities listed in the "industrial
activity" definition. The term also includes those facilities designated
under the provisions of 9VAC25-31-120 A 1 c, or under 9VAC25-31-120 A 7 a (1)
or (2) of the VPDES Permit Regulation.
"SWPPP" means stormwater pollution [ protection prevention ]
plan.
"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, load allocations (LAs) for nonpoint sources and/or
or natural background, and must include a margin of safety (MOS) and
account for seasonal variations.
"Virginia Environmental Excellence Program" or
"VEEP" means a voluntary program established by the department to
provide public recognition and regulatory incentives to encourage higher levels
of environmental performance for program participants that develop and
implement environmental management systems (EMSs). The program is based on the
use of EMSs that improve compliance, prevent pollution, and utilize other
measures to improve environmental performance.
"Waste pile" means any noncontainerized
accumulation of solid, nonflowing waste that is used for treatment or storage.
9VAC25-151-15. Applicability of incorporated references based
on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental
Protection Agency set forth in Title 40 CFR is referenced and incorporated
herein, that regulation shall be as it exists and has been published as of July
1, 2013 2018.
9VAC25-151-40. Effective date of the permit.
This general permit will become effective on July 1, 2014
2019. This general permit will expire on June 30, 2019 2024.
9VAC25-151-50. Authorization to discharge.
A. To be eligible to discharge under this permit, an owner
must (i) have a stormwater discharge associated with industrial activity from
the facility's primary industrial activity, as defined in 9VAC25-151-10
(Definitions), provided the primary industrial activity is included in Table
50-2 of this section, or (ii) be notified that discharges from the facility
have been designated by the board for permitting under the provisions of
9VAC25-31-120 A 1 c, or under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES
Permit Regulation, and are eligible for coverage under Sector AD of this
permit.
Any owner governed by this general permit is hereby
authorized to discharge stormwater associated with industrial activity, as
defined in this chapter, to surface waters of the Commonwealth of Virginia
provided that:
1. The owner submits a registration statement in accordance
with 9VAC25-151-60, and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable requirements of
9VAC25-151-70 et seq.; and
4. The board has not notified the owner that the discharge is
ineligible for coverage in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is not
eligible for coverage under this general permit in the event of any of the
following:
1. The owner is required to obtain an individual permit in
accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters
specifically named in other board regulations that prohibit such discharges;
3. The discharge violates or would violate the antidegradation
policy in the Water Quality Standards at 9VAC25-260-30; or
4. The discharge is not consistent with the assumptions and
requirements of an approved TMDL. Note: Virginia's Phase I Chesapeake
Bay TMDL Watershed Implementation Plan (November 29, 2010) states that
wasteloads for future growth for new facilities in the Chesapeake Bay watershed
with industrial stormwater discharges cannot exceed the nutrient and sediment
loadings that were discharged prior to the land being developed for the new
industrial activity. For purposes of this permit regulation, facilities that
commence construction after June 30, 2014 2019, must be
consistent with this requirement to be eligible for coverage under this general
permit.
C. 1. Facilities with colocated industrial activities on-site
shall comply with all applicable effluent limitations, monitoring and pollution
prevention plan SWPPP requirements of each section of 9VAC25-151-70
et seq. in which a colocated industrial activity is described.
2. Stormwater discharges associated with industrial activity that
are mixed with other discharges (both stormwater and nonstormwater) requiring a
VPDES permit are authorized by this permit, provided that the owner obtains
coverage under this VPDES general permit for the industrial activity
discharges, and a VPDES general or individual permit for the other discharges.
The owner shall comply with the terms and requirements of each permit obtained
that authorizes any component of the discharge.
3. The stormwater discharges authorized by this permit may be
combined with other sources of stormwater which are not required to be covered
under a VPDES permit, so long as the combined discharge is in compliance with
this permit.
4. Authorized nonstormwater discharges. The following
"nonstormwater" discharges are authorized by this permit:
a. Discharges from emergency firefighting activities;
b. Fire hydrant flushings flushing, managed in a
manner to avoid an instream impact;
c. Potable water, including water line flushings flushing,
managed in a manner to avoid an instream impact;
d. Uncontaminated condensate from air conditioners, coolers,
and other compressors and from the outside storage of refrigerated gases or
liquids;
e. Irrigation drainage;
f. Landscape watering provided all pesticides, herbicides, and
[ fertilizer fertilizers ] have been applied in
accordance with the approved labeling;
g. Pavement wash waters where no detergents or hazardous
cleaning products are used and no spills or leaks of toxic or hazardous
materials have occurred (unless all spilled material has been removed).
Pavement wash waters shall be managed in a manner to avoid an instream impact;
h. Routine external building washdown that does not use
detergents or hazardous cleaning products;
i. Uncontaminated [ ground water groundwater ]
or spring water;
j. Foundation or footing drains where flows are not
contaminated with process materials; and
k. Incidental windblown mist from cooling towers that collects
on rooftops or adjacent portions of the facility, but not intentional
discharges from the cooling tower (e.g., "piped" cooling tower
blowdown or drains).
5. Stormwater discharges associated with construction activity
that are regulated under a VPDES permit are not authorized by this permit.
6. Discharges subject to stormwater effluent limitation guidelines
under 40 CFR Subchapter N (Effluent Guidelines and Standards). Only those
stormwater discharges subject to stormwater effluent limitation guidelines
under 40 CFR Subchapter N that are identified in Table 50-1 of this subsection
are eligible for coverage under this permit.
|
TABLE 50 - 1
STORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES.
|
|
Effluent Limitation Guideline
|
Sectors with Affected Facilities
|
|
Runoff from material storage piles at cement manufacturing
facilities (40 CFR Part 411 Subpart C (established February 20, 1974))
|
E
|
|
Contaminated runoff from
phosphate fertilizer manufacturing facilities (40 CFR Part 418 Subpart A
(established April 8, 1974))
|
C
|
|
Coal pile runoff at steam electric generating facilities (40
CFR Part 423 (established November 19, 1982))
|
O
|
|
Discharges resulting from spray down or intentional wetting
of logs at wet deck storage areas (40 CFR Part 429 Subpart I (established
January 26, 1981))
|
A
|
|
Runoff from asphalt emulsion facilities (40 CFR Part 443
Subpart A (established July 24, 1975))
|
D
|
|
Runoff from landfills (40 CFR Part 445 Subparts A and B
(established January 19, 2000))
|
K and L
|
|
Discharges from airport deicing operations (40 CFR Part 449
(established May 16, 2012))
|
S Facilities subject to the effluent limitation guidelines
in 40 CFR Part 449 are not authorized under this permit.
|
7. Permit eligibility is limited to discharges from facilities
in the "sectors" of industrial activity summarized in Table 50-2 of
this subsection. These sector descriptions are based on Standard Industrial
Classification (SIC) Codes and Industrial Activity Codes. References to
"sectors" in this permit (e.g., sector-specific monitoring
requirements) refer to these groupings.
|
TABLE 50 - 2
SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT
|
|
SIC Code or Activity Code
|
Activity Represented
|
|
Sector A: Timber Products
|
|
[ 2411 ]
|
[ Log Storage and Handling (wet deck storage areas are
only authorized if no chemical additives are used in the spray water or
applied to the logs). ]
|
|
[ 2421 ]
|
[ General Sawmills and Planing Mills. ]
|
|
[ 2426 ]
|
[ Hardwood Dimension and
Flooring Mills. ]
|
|
[ 2429 ]
|
[ Special Product Sawmills, Not Elsewhere
Classified. ]
|
|
[ 2431-2439 (except 2434 - see Sector W) ]
|
[ Millwork, Veneer, Plywood, and Structural
Wood. ]
|
|
[ 2441, 2448, 2449 ]
|
[ Wood Containers. ]
|
|
[ 2451, 2452 ]
|
[ Wood Buildings and Mobile Homes. ]
|
|
2491
|
Wood Preserving.
|
|
[ 2493 ]
|
[ Reconstituted Wood Products. ]
|
|
2499
|
Wood Products, Not Elsewhere Classified (includes SIC Code
24991303 - Wood, Mulch and Bark facilities).
|
|
Sector B: Paper and Allied Products
|
|
2611
|
Pulp Mills.
|
|
2621
|
Paper Mills.
|
|
2631
|
Paperboard Mills.
|
|
2652-2657
|
Paperboard Containers and Boxes.
|
|
2671-2679
|
Converted Paper and Paperboard Products, except
Containers and Boxes.
|
|
Sector C: Chemical and Allied Products
|
|
2812-2819
|
Industrial Inorganic Chemicals.
|
|
2821-2824
|
Plastics Materials and
Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Synthetic
Fibers, except Glass.
|
|
2833-2836
|
Medicinal Chemicals and
Botanical Products; Pharmaceutical Preparations; In Vitro and In Vivo
Diagnostic Substances; Biological Products, except Diagnostic Substances.
|
|
2841-2844
|
Soaps, Detergents, and
Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.
|
|
2851
|
Paints, Varnishes, Lacquers, Enamels, and Allied
Products.
|
|
2861-2869
|
Industrial Organic Chemicals.
|
|
2873-2879
|
Agricultural Chemicals (includes SIC Code 2875 - Composting
Facilities).
|
|
2891-2899
|
Miscellaneous Chemical Products.
|
|
3952 (limited to list)
|
Inks and Paints, Including China Painting Enamels, India
Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for
China Painting, Artist's Paints and Artist's Watercolors.
|
|
Sector D: Asphalt Paving and Roofing Materials and
Lubricants
|
|
2951, 2952
|
Asphalt Paving and Roofing
Materials.
|
|
2992, 2999
|
Miscellaneous Products of
Petroleum and Coal.
|
|
Sector E: Glass Clay, Cement, Concrete, and Gypsum Products
|
|
3211
|
Flat Glass.
|
|
3221, 3229
|
Glass and Glassware, Pressed or Blown.
|
|
3231
|
Glass Products Made of Purchased Glass.
|
|
3241
|
Hydraulic Cement.
|
|
3251-3259
|
Structural Clay Products.
|
|
3261-3269
|
Pottery and Related Products.
|
|
3274, 3275
|
Concrete, Gypsum and Plaster Products, Except: Concrete
Block and Brick; Concrete Products, except Block and Brick; and Ready-Mixed
Concrete Facilities (SIC Codes 3271-3273).
|
|
3281
|
Cut Stone and Stone Products
|
|
3291-3299
|
Abrasive, Asbestos, and Miscellaneous Non-Metallic
Mineral Products.
|
|
Sector F: Primary Metals
|
|
3312-3317
|
Steel Works, Blast Furnaces,
and Rolling and Finishing Mills.
|
|
3321-3325
|
Iron and Steel Foundries.
|
|
3331-3339
|
Primary Smelting and Refining of Nonferrous Metals.
|
|
3341
|
Secondary Smelting and Refining of Nonferrous Metals.
|
|
3351-3357
|
Rolling, Drawing, and Extruding of Nonferrous Metals.
|
|
3363-3369
|
Nonferrous Foundries (Castings).
|
|
3398, 3399
|
Miscellaneous Primary Metal Products.
|
|
Sector G: Metal Mining (Ore Mining and Dressing)
|
|
1011
|
Iron Ores.
|
|
1021
|
Copper Ores.
|
|
1031
|
Lead and Zinc Ores.
|
|
1041, 1044
|
Gold and Silver Ores.
|
|
1061
|
Ferroalloy Ores, except Vanadium.
|
|
1081
|
Metal Mining Services.
|
|
1094, 1099
|
Miscellaneous Metal Ores.
|
|
Sector H: Coal Mines and Coal Mining Related Facilities
|
|
1221-1241
|
Coal Mines and Coal Mining-Related Facilities.
|
|
Sector I: Oil and Gas Extraction and Refining
|
|
1311
|
Crude Petroleum and Natural Gas.
|
|
1321
|
Natural Gas Liquids.
|
|
1381-1389
|
Oil and Gas Field Services.
|
|
2911
|
Petroleum Refineries.
|
|
Sector J: Mineral Mining and Dressing Facilities (SIC Codes
1411-1499 are not authorized under this permit)
|
|
Sector K: Hazardous Waste Treatment, Storage, or Disposal
Facilities
|
|
|
HZ
|
Hazardous Waste Treatment Storage or Disposal.
|
|
Sector L: Landfills and Land
Application Sites
|
|
|
LF
|
Landfills, Land Application Sites, and Open Dumps.
|
|
Sector M: Automobile Salvage Yards
|
|
|
5015
|
Automobile Salvage Yards.
|
|
Sector N: Scrap Recycling Facilities
|
|
|
5093
|
Scrap Recycling Facilities.
|
|
|
4499 (limited to list)
|
Dismantling Ships, Marine Salvaging, and Marine Wrecking -
Ships for Scrap.
|
|
Sector O: Steam Electric Generating Facilities
|
|
|
SE
|
Steam Electric Generating Facilities.
|
|
Sector P: Land Transportation and Warehousing
|
|
|
4011, 4013
|
Railroad Transportation.
|
|
|
4111-4173
|
Local and Highway Passenger Transportation.
|
|
|
4212-4231
|
Motor Freight Transportation and Warehousing.
|
|
|
4311
|
United States Postal Service.
|
|
|
5171
|
Petroleum Bulk Stations and Terminals.
|
|
Sector Q: Water Transportation and Ship and Boat Building
or Repairing Yards.
|
|
|
4412-4499 (except 4499
facilities as specified in Sector N)
|
Water Transportation.
|
|
|
3731, 3732
|
Ship and Boat Building or Repairing Yards.
|
|
Sector R: Ship and Boat Building or Repairing Yards
|
|
|
3731, 3732
|
Ship and Boat Building or Repairing Yards.
|
|
Sector S: Air Transportation
|
|
|
4512-4581
|
Air Transportation Facilities.
|
|
Sector T: Treatment Works
|
|
|
TW
|
Treatment Works.
|
|
Sector U: Food and Kindred Products
|
|
|
2011-2015
|
Meat Products.
|
|
|
2021-2026
|
Dairy Products.
|
|
|
2032-2038
|
Canned, Frozen, and Preserved Fruits, Vegetables, and
Food Specialties.
|
|
|
2041-2048
|
Grain Mill Products.
|
|
|
2051-2053
|
Bakery Products.
|
|
|
2061-2068
|
Sugar and Confectionery Products.
|
|
|
2074-2079
|
Fats and Oils.
|
|
|
2082-2087
|
Beverages.
|
|
|
2091-2099
|
Miscellaneous Food Preparations and Kindred Products.
|
|
|
2111-2141
|
Tobacco Products.
|
|
Sector V: Textile Mills, Apparel, and Other Fabric
Product Manufacturing, Leather and Leather Products
|
|
|
2211-2299
|
Textile Mill Products.
|
|
|
2311-2399
|
Apparel and Other Finished Products Made from Fabrics and
Similar Materials.
|
|
|
3131-3199 (except 3111 - see Sector Z)
|
Leather and Leather Products, except Leather Tanning and
Finishing.
|
|
Sector W: Furniture and Fixtures
|
|
|
2434
|
Wood Kitchen Cabinets.
|
|
|
2511-2599
|
Furniture and Fixtures.
|
|
Sector X: Printing and Publishing
|
|
|
2711-2796
|
Printing, Publishing, and Allied Industries.
|
|
Sector Y: Rubber, Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries
|
|
|
3011
|
Tires and Inner Tubes.
|
|
|
3021
|
Rubber and Plastics Footwear.
|
|
|
3052, 3053
|
Gaskets, Packing, and Sealing Devices and Rubber and
Plastics Hose and Belting.
|
|
|
3061, 3069
|
Fabricated Rubber Products, Not Elsewhere Classified.
|
|
|
3081-3089
|
Miscellaneous Plastics Products.
|
|
|
3931
|
Musical Instruments.
|
|
|
3942-3949
|
Dolls, Toys, Games, and Sporting and Athletic Goods.
|
|
|
3951-3955 (except 3952
facilities as specified in Sector C)
|
Pens, Pencils, and Other
Artists' Materials.
|
|
|
3961, 3965
|
Costume Jewelry, Costume
Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal.
|
|
|
3991-3999
|
Miscellaneous Manufacturing Industries.
|
|
Sector Z: Leather Tanning and Finishing
|
|
|
3111
|
Leather Tanning, Currying, and Finishing.
|
|
Sector AA: Fabricated Metal Products
|
|
|
[ 3411-3499 3411-3471, 3482-3499 ]
|
Fabricated Metal Products, except Machinery and
Transportation Equipment.
|
|
|
[ 3479 ]
|
[ Fabricated Metal Coating and Engraving. ]
|
|
|
3911-3915
|
Jewelry, Silverware, and Plated Ware.
|
|
Sector AB: Transportation Equipment, Industrial or
Commercial Machinery
|
|
|
3511-3599 [ (except 3571-3579 ] - see Sector AC
[ ) (except 3731, 3732) ]
|
Industrial and Commercial Machinery (except Computer and
Office Equipment).
|
|
|
3711-3799 (except 3731, 3732 - see Sector R)
|
Transportation Equipment (except Ship and Boat Building
and Repairing).
|
|
Sector AC: Electronic, Electrical, Photographic, and
Optical Goods
|
|
|
3571-3579
|
Computer and Office Equipment.
|
|
|
3612-3699
|
Electronic and Other Electrical Equipment and Components,
except Computer Equipment.
|
|
|
3812-3873
|
Measuring, Analyzing, and Controlling Instruments;
Photographic, Medical, and Optical Goods; Watches and Clocks.
|
|
Sector AD: Nonclassified
Facilities/Stormwater Discharges Designated by the Board as Requiring Permits
|
|
|
N/A
|
Stormwater Discharges Designated by the Board for Permitting
under the Provisions of 9VAC25-31-120 A 1, or under 9VAC25-31-120 A 7 a (1)
or (2) of the VPDES Permit Regulation.
Note: Facilities may not elect to be covered under
Sector AD. Only the board may assign a facility to Sector AD.
|
|
Sector AE: Facilities with No Analytical Benchmark
Monitoring Requirements
|
|
|
2611
|
Pulp Mills.
|
|
|
2621
|
Paper Mills.
|
|
|
2652-2657
|
Paperboard Containers and Boxes.
|
|
|
2671-2679
|
Converted Paper and Paperboard Products, except
Containers and Boxes.
|
|
|
2833-2836
|
Medicinal Chemicals and Botanical Products;
Pharmaceutical Preparations; In Vitro and In Vivo Diagnostic Substances;
Biological Products, except Diagnostic Substances.
|
|
|
2851
|
Paints, Varnishes, Lacquers, Enamels, and Allied
Products.
|
|
|
2861-2869
|
Industrial Organic Chemicals.
|
|
|
2891-2899
|
Miscellaneous Chemical Products.
|
|
|
3952 (limited to list)
|
Inks and Paints, Including China Painting Enamels, India
Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for
China Painting, Artist's paints, and Artist's Watercolors.
|
|
|
[ 2992, 2999 ]
|
[ Miscellaneous Products of Petroleum and Coal. ]
|
|
|
3211
|
Flat Glass.
|
|
|
3221, 3229
|
Glass and Glassware, Pressed or Blown.
|
|
|
3231
|
Glass Products Made of Purchased Glass.
|
|
|
3241
|
Hydraulic Cement.
|
|
|
3281
|
Cut Stone and Stone Products.
|
|
|
3291-3299
|
Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral
Products.
|
|
|
3331-3339
|
Primary Smelting and Refining of Nonferrous Metals.
|
|
|
3398, 3399
|
Miscellaneous Primary Metal Products.
|
|
|
3341
|
Secondary Smelting and refining of Nonferrous Metals.
|
|
|
1311
|
Crude Petroleum and Natural Gas.
|
|
|
1321
|
Natural Gas Liquids.
|
|
|
1381-1389
|
Oil and Gas Field Services.
|
|
|
2911
|
Petroleum Refineries.
|
|
|
4512-4581
|
Air Transportation Facilities.
|
|
|
TW
|
Treatment Works.
|
|
|
2011-2015
|
Meat Products.
|
|
|
2032-2038
|
Canned, Frozen, and Preserved Fruits, Vegetables, and
Food Specialties.
|
|
|
2051-2053
|
Bakery Products.
|
|
|
2061-2068
|
Sugar and Confectionary Products.
|
|
|
2082-2087
|
Beverages.
|
|
|
2091-2099
|
Miscellaneous Food Preparations Kindred Products.
|
|
|
2111-2141
|
Tobacco Products.
|
|
|
2211-2299
|
Textile Mill Products.
|
|
|
2311-2399
|
Apparel and Other Finished Products Made from Fabrics and
Similar Materials.
|
|
|
3131-3199 [ (except 3111-Z) ]
|
Leather and Leather Products, except Leather Tanning and
Finishing.
|
|
|
2434
|
Wood Kitchen Cabinets.
|
|
|
2511-2599
|
Furniture and Fixtures.
|
|
|
2711-2796
|
Printing, Publishing, and Allied Products.
|
|
|
3081-3089
|
Miscellaneous Plastics Products.
|
|
|
3931
|
Musical Instruments.
|
|
|
3942-3949
|
Dolls, Toys, Games, and Sporting and Athletic Goods.
|
|
|
3951-3955 (except 3952 [ facilities
as specified in
Sector C ])
|
Pens, Pencils, and Other Artist's Materials.
|
|
|
3961, 3965
|
Costume Jewelry, Costume Novelties, Buttons, and
Miscellaneous Notions, except Precious Metal.
|
|
|
3991-3999
|
Miscellaneous Manufacturing Industries.
|
|
|
3111
|
Leather Tanning, Currying, and Finishing.
|
|
|
3711-3799 (except 3731, 3732 – see Sector Q)
|
Transportation Equipment, except Ship and Boat Building
and Repairing.
|
|
|
3571-3579
|
Computer and Office Equipment.
|
|
|
3612-3699
|
Electronic and Other Electrical Equipment and Components,
except Computer Equipment.
|
|
|
3812-3873
|
Measuring, Analyzing, and Controlling Instruments;
Photographic, Medical, and Optical Goods; Watches and Clocks.
|
|
Sector AF: Facilities Limited to Total Suspended Solids
Benchmark Monitoring Requirements
|
|
|
[ 2411 ]
|
[ Log Storage and Handling (wet deck storage
areas are only authorized if no chemical additives are used in the spray
water or applied to the logs). ]
|
|
|
[ 2421 ]
|
[ General Sawmills and Planing Mills. ]
|
|
|
[ 2426 ]
|
[ Hardwood Dimension and Flooring Mills. ]
|
|
|
[ 2429 ]
|
[ Special Products
Sawmills Not Elsewhere Classified. ]
|
|
|
[ 2431-2433, 2435-2439 ]
|
[ Millwork, Veneer, Plywood, and Structural Wood. ]
|
|
|
[ 2441, 2448, 2449 ]
|
[ Wood Containers. ]
|
|
|
[ 2451, 2452 ]
|
[ Wood Buildings and Mobile Homes. ]
|
|
|
[ 2493 ]
|
[ Reconstituted Wood Products. ]
|
|
|
4011, 4013
|
Railroad Transportation.
|
|
|
4111-4173
|
Local and Highway Passenger Transportation.
|
|
|
4212-4231
|
Motor Freight Transportation and Warehousing.
|
|
|
4311
|
United State Postal Service.
|
|
|
5171
|
Petroleum Bulk Stations and Terminals.
|
D. Conditional exclusion for no exposure. Any owner covered
by this permit who becomes eligible for a no exposure exclusion from permitting
under 9VAC25-31-120 E may file a no exposure certification. Upon submission and
acceptance by the board of a complete and accurate no exposure certification,
the permit requirements no longer apply, and the owner is not required to
submit a notice of termination. A no exposure certification must be submitted
to the board once every five years.
E. Compliance with this general permit constitutes compliance
with the federal Clean Water Act and the State Water Control Law, with the
exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for
coverage under this general permit does not relieve any owner of the
responsibility to comply with any other applicable federal, state, or local
statute, ordinance, or regulation.
F. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the
industrial activity stormwater general permit issued in 2009 and that submits a
complete registration statement before July 1, 2014, is authorized to continue
to discharge under the terms of the 2009 general permit until such time as the
board either Permit coverage shall expire at the end of its term.
However, expiring permit coverages are automatically continued if the owner has
submitted a complete registration statement at least 60 days prior to the
expiration date of the permit or a later submittal date established by the
board, which cannot extend beyond the expiration date of the original permit.
The permittee is authorized to continue to discharge until such time as the
board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for
coverage under this general permit.
2. When the owner that was covered under the expiring or
expired general permit has violated or is violating the conditions of that
permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2009
general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the reissued
amended general permit. If the general permit coverage is denied, the
owner would then be required to cease the discharges authorized by administratively
the continued general permit coverage under the terms of the
2009 general permit or be subject to enforcement action for discharging
without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES Permit
Regulation (9VAC25-31).
9VAC25-151-60. Registration statement and Stormwater
Pollution Prevention Plan stormwater pollution prevention plan
(SWPPP).
A. An owner seeking coverage under this general permit shall
submit a complete VPDES general permit registration statement in accordance
with this section, which shall serve as a notice of intent for coverage under
the VPDES general VPDES permit [ regulation ]
for discharges of stormwater associated with industrial activity.
Any owner that was authorized to discharge under the
industrial stormwater general permit that became effective on July 1, 2009
2014, and that intends to continue coverage under this general permit
shall review and update the Stormwater Pollution Prevention Plan stormwater
pollution prevention plan (SWPPP) to meet all provisions of the general
permit (9VAC25-151-70 et seq.) within 90 days of the board granting coverage
under this permit. Owners of new facilities, facilities previously covered by
an expiring individual permit, and existing facilities not currently covered by
a VPDES permit who wish to obtain coverage under this general permit shall
prepare and implement a written SWPPP for the facility in accordance with the
general permit (9VAC25-151-70 et seq.) prior to submitting the registration
statement.
B. Deadlines for submitting
registration statements.
1. Existing facilities.
a. Any owner that was authorized to discharge under the
industrial stormwater general permit that became effective on July 1, 2009
2014, and that intends to continue coverage under this general permit
shall submit a complete registration statement to the board on or before May 2,
2014 2019.
b. Any owner covered by an a VPDES individual VPDES
permit for stormwater discharges associated with industrial activity that is
proposing to be covered under this general permit shall submit a complete
registration statement at least 240 days prior to the expiration date of the VPDES
individual VPDES permit.
c. Any owner of an existing facility with stormwater
discharges associated with industrial activity, not currently covered by a
VPDES permit, that is proposing to be covered under this general permit shall
submit a complete registration statement to the board.
2. New facilities. Any owner proposing a new discharge of
stormwater associated with industrial activity shall submit a complete
registration statement at least 60 days prior to the date planned for the
commencement of the industrial activity at the facility.
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 shall submit a complete registration statement within 30 days of the
ownership change.
4. Late registration statements. Registration statements for
existing facilities covered under subdivision 1 a of this subsection will be
accepted after June 30, 2014 2019, but authorization to discharge
will not be retroactive. Owners described in subdivision 1 a of this subsection
that submit registration statements after May 2, 2014 2019, are
authorized to discharge under the provisions of 9VAC25-151-50 F (Continuation
of permit coverage) if a complete registration statement is submitted before
July 1, 2014 2019.
C. The required registration statement shall contain the
following information:
1. Name, mailing address, email address (where available),
and telephone number of the:
a. Facility owner; and
b. Operator applying for permit coverage (if different than
the facility owner);
1. Facility name and mailing address, owner name and
mailing address, telephone number, and email address [ .; ]
2. Facility name, street address, county (or city), contact
name, email address (where available), phone number, and FAX number (where
available) Facility street address (if different from mailing address)
or location (if the facility location does not have a mailing address);
3. Facility operator (local contact) name, address,
telephone number, and email address (if available) if different than owner;
3. 4. The nature of the business conducted at
the facility to be covered under this general permit;
4. 5. The receiving waters of the industrial
activity discharges;
5. Whether the facility discharges, or will discharge, to
an MS4. If so, provide the name of the MS4 owner. (Note: Permit special
condition 13 requires the permittee to notify the MS4 owner in writing of the
existence of the discharge within 30 days of coverage under this permit. The
notification shall include the following information: the name of the facility,
a contact person and phone number, the location of the discharge, the nature of
the discharge, and the facility's VPDES general permit registration number)
6. A determination of whether the facility will discharge to an MS4. If the
facility discharges to an MS4, the facility owner must notify the owner of the
MS4 of the existence of the discharge information at the time of registration
under this permit and include that notification with the registration
statement. The notice shall include the following information: the name of the
facility, a contact person and telephone number, the location of the discharge,
the nature of the discharge, and the facility's VPDES general permit number
[ (if assigned by DEQ) ];
6. 7. The permit number for any existing VPDES
permit assigned to the facility;
7. Whether an 8. Indicate that a SWPPP has been
prepared prior to submitting this registration statement by the owner of a new
facility, a facility previously covered by an expiring individual permit, or an
existing facility not currently covered by a VPDES permit;
8. 9. Whether or not this facility will
discharge stormwater runoff from coal storage piles;
9. 10. Identification of up to four 4-digit
four-digit Standard Industrial Classification (SIC) Codes or 2-letter
Industrial Activity Codes that best represent the principal products or
services rendered by the facility and major colocated industrial activities
(2-letter Industrial Activity Codes are: HZ – hazardous waste treatment,
storage, or disposal facilities; LF – landfills and disposal facilities that
receive or have received any industrial wastes; SE – steam electric power
generating facilities; or TW – treatment works treating domestic sewage);
10. 11. Identification of all applicable
industrial sectors in this permit (as designated in Table 50-2) that
cover the industrial activities at the facility, and major colocated industrial
activities to be covered under this permit, and the stormwater outfalls
associated with each industrial sector.
a. If the facility is a landfill (sector L), indicate the type
of landfill (i.e., MSWLF (municipal solid waste landfill), CDD (construction
debris and demolition), or other), and which outfalls (if any) receive
contaminated stormwater runoff;
b. If the facility is a timber products operation (sector A),
indicate which outfalls (if any) receive discharges from wet decking areas;
c. For all facilities, indicate which any
outfalls (if any) receive receiving discharges from coal storage
piles;
d. If the facility manufactures asphalt paving and roofing
materials (sector D), indicate which outfalls (if any) receive discharges from
areas where production of asphalt paving and emulsions or roofing
emulsions occurs;
e. If the facility manufactures cement (sector E), indicate
which outfalls (if any) receive discharges from material storage piles;
f. If a scrap recycling and waste recycling facility (sector N
- SIC 5093) only receives source-separated recyclable materials, indicate which
outfalls (if any) receive discharges from this activity. List the metals (if
any) that are received; or
g. For primary airports (sector S), list the average
deicing season and indicate which outfalls (if any) receive discharges from
deicing of non-propeller aircraft, and the annual average departures of
non-propeller aircraft. It should be noted that airport facilities subject
to the effluent limitation guidelines in 40 CFR Part 449 are not authorized
under this permit;
11. Facility 12. List the following facility
area information. List the total area of the facility (in acres), the area
of industrial activity at the facility (in acres), the total impervious area of
the industrial activity at the facility (in acres), and the area (in acres)
draining to each industrial activity outfall at the facility. Outfalls shall be
numbered using a unique numerical identification code for each outfall (e.g.,
Outfall No. 001, No. 002, etc.);:
a. The total area of the facility in acres;
b. The total area of industrial activity of the facility in
acres;
c. The total impervious surface area of the industrial
activity of the facility in acres; [ and ]
d. The impervious and total areas in acres draining to each
industrial activity outfall at the facility. Outfalls shall be numbered using a
unique numerical identification code for each outfall. For example: Outfall
Number 001, Outfall Number 002, etc.; [ and
e. The latitude and longitude of each outfall location; ]
12. The following maps 13. A site map depicting the
following shall be included with the registration statement:
a. General location map. A USGS 7.5 minute topographic map,
or other equivalent computer generated map, with sufficient resolution to
clearly show the location of the facility and the surrounding locale; and The
property boundaries;
b. Site map. A map showing the property boundaries, the
location of all industrial activity areas, all stormwater outfalls, and all
water bodies receiving stormwater discharges from the site. Outfall numbering
shall be the same as that used for the facility area information in subdivision
11 of this subsection; All industrial activity outfalls labeled with
unique numerical identification for each outfall. Outfall numbering shall be
the same as that used for the facility area information in subdivision 12 of
this subsection; and
c. All water bodies or MS4 conveyances, labeled with names
if applicable, receiving stormwater discharges from the site;
13. 14. Virginia's Phase I Chesapeake Bay TMDL
Watershed Implementation Plan (November 29, 2010) states that wasteloads for
future growth for new facilities in the Chesapeake Bay watershed with industrial
stormwater discharges cannot exceed the nutrient and sediment loadings that
were discharged prior to the land being developed for the industrial activity.
For purposes of this permit regulation, facilities that commence construction
after June 30, 2014 2019, must be consistent with this
requirement to be eligible for coverage under this general permit.
If this is a new facility that commenced construction after
June 30, 2014 2019, in the Chesapeake Bay watershed, and applying
for first time general permit coverage, attach documentation to the
registration statement to show demonstrate:
a. That the total phosphorus load does not exceed the greater
of: (i) the total phosphorus load that was discharged from the
industrial area of the property prior to the land being developed for the new
industrial activity, or (ii) 0.41 pounds per acre per year (VSMP water
quality design criteria). The documentation must include the measures and controls
that were employed to meet this requirement, along with the supporting
calculations. The owner may include additional nonindustrial land on the site
as part of any plan to comply with the no net increase requirement. Consistent
with the definition of "site," this includes adjacent land used in
connection with the facility. Compliance with the water quality design criteria
may be determined utilizing the Virginia Runoff Reduction Method or another
equivalent methodology approved by the board. Design specifications and
pollutant removal efficiencies for specific BMPs can be found on the Virginia
Stormwater BMP Clearinghouse website at http://www.vwrrc.vt.edu/swc; or
b. The owner may consider utilization of any pollutant trading
or offset program in accordance with §§ 62.1-44.19:20 through
62.1-44.19:23 of the Code of Virginia, governing trading and offsetting, to
meet the no net increase requirement;
15. State Corporation Commission entity identification
number if the facility is required to obtain an entity identification number by
law; and
14. 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."
D. The registration statement shall be signed in accordance
with 9VAC25-31-110 A of the VPDES Permit Regulation.
E. Where to submit. The registration statement may be
delivered to the department by either postal or electronic mail and shall be
submitted to the DEQ regional office serving the area where the industrial
facility is located.
9VAC25-151-70. General permit.
Any owner whose registration statement is accepted by the
director will receive the following general permit and shall comply with the
requirements therein and be subject to the VPDES Permit Regulation, 9VAC25-31.
Facilities with colocated industrial activities shall comply with all
applicable monitoring and pollution prevention plan SWPPP
requirements of each industrial activity sector of this chapter in which a
colocated industrial activity is described. All pages of 9VAC25-151-70 and
9VAC25-151-80 apply to all stormwater discharges associated with industrial
activity covered under this general permit. Not all pages of 9VAC25-151-90 et
seq. will apply to every permittee. The determination of which pages apply will
be based on an evaluation of the regulated activities located at the facility.
General Permit No.: VAR05
Effective Date: July 1, 2014 2019
Expiration Date: June 30, 2019 2024
[ VPDES ] GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION
SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as
amended, and pursuant to the State Water Control Law and regulations adopted
pursuant thereto, owners of facilities with stormwater discharges associated
with industrial activity are authorized to discharge to surface waters within
the boundaries of the Commonwealth of Virginia, except those waters
specifically named in board regulation that prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, the registration statement, Part I-Effluent Limitations,
Monitoring Requirements and Special Conditions, Part II-Conditions Applicable
to All VPDES Permits, Part III-Stormwater Pollution Prevention Plan, and Part
IV-Sector-Specific Permit Requirements, as set forth herein in this
general permit.
Part I
Effluent Limitations, Monitoring Requirements and Special Conditions
A. Effluent limitations and monitoring requirements.
There are four individual and separate categories of
monitoring requirements that a facility may be subject to under this permit:
(i) quarterly visual monitoring; (ii) benchmark monitoring of discharges
associated with specific industrial activities; (iii) compliance monitoring for
discharges subject to numerical effluent limitations; and (iv) monitoring of
discharges to impaired waters, both those with an approved TMDL and those
without an approved TMDL. The monitoring requirements and numeric effluent limitations
applicable to a facility depend on the types of industrial activities
generating stormwater runoff from the facility, and for TMDL monitoring, the
location of the facility's discharge or discharges. Part IV of the permit
(9VAC25-151-90 et seq.) identifies monitoring requirements applicable to
specific sectors of industrial activity. The permittee shall review Part I A 1
and Part IV of the permit to determine which monitoring requirements and
numeric limitations apply to his facility. Unless otherwise specified,
limitations and monitoring requirements under Part I A 1 and Part IV are
additive.
Sector-specific monitoring requirements and limitations are
applied discharge by discharge at facilities with colocated activities. Where
stormwater from the colocated activities are commingled, the monitoring
requirements and limitations are additive. Where more than one numeric
limitation for a specific parameter applies to a discharge, compliance with the
more restrictive limitation is required. Where benchmark, numerical effluent
limitations, or TMDL monitoring requirements for a monitoring period
overlap (e.g., need to monitor TSS twice per year for a limit and also twice
per year for benchmark monitoring), the permittee may use a single sample
to satisfy both monitoring requirements.
1. Types of monitoring requirements and limitations.
a. Quarterly visual monitoring. The requirements and
procedures for quarterly visual monitoring are applicable to all facilities
covered under this permit, regardless of the facility's sector of industrial
activity.
(1) The permittee shall perform and document a quarterly
visual examination of a stormwater discharge associated with industrial
activity from each outfall, except discharges exempted in Part I A 3 or Part I
A 4. The examination(s) examinations shall be made at least once
in each of the following three-month periods: January through March, April
through June, July through September, and October through December. The visual
examination shall be made during normal working hours, where practicable, and
when considerations for safety and feasibility allow. If no storm event
resulted in runoff from the facility during a monitoring quarter, the permittee
is excused from visual monitoring for that quarter provided that documentation
is included with the monitoring records indicating that no runoff occurred. The
documentation shall be signed and certified in accordance with Part II K of
this permit.
(2) Samples shall be collected in accordance with Part I A 2. The
Sample examination shall document observations of color, odor, clarity,
floating solids, settled solids, suspended solids, foam, oil sheen, and other
obvious indicators of stormwater pollution. The visual examination of
the sample shall be conducted in a well-lit area. No analytical tests are
required to be performed on the samples.
(3) The visual examination reports shall be maintained on-site
with the Stormwater Pollution Prevention Plan (SWPPP) SWPPP. The
report shall include the outfall location, the examination date and time,
examination personnel, the nature of the discharge (i.e., runoff or snow melt),
visual quality of the stormwater discharge (including observations of color,
odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen,
and other obvious indicators of stormwater pollution), and probable sources of
any observed stormwater contamination.
b. Benchmark monitoring of discharges associated with specific
industrial activities.
Table 70-1 identifies the specific industrial sectors subject
to the benchmark monitoring requirements of this permit and the
industry-specific pollutants of concern. The permittee shall refer to the
tables found in the individual sectors in Part IV (9VAC25-151-90 et seq.) for
benchmark monitoring concentration values. Colocated industrial activities at
the facility that are described in more than one sector in Part IV shall comply
with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for the
permittee to use to determine the overall effectiveness of the SWPPP in
controlling the discharge of pollutants to receiving waters. Benchmark
concentration values, included in Part IV of this permit, are not effluent
limitations. Exceedance of a benchmark concentration does not constitute a
violation of this permit and does not indicate that violation of a water
quality standard has occurred; however, it does signal that modifications to
the SWPPP are necessary, unless justification is provided in the
comprehensive site compliance evaluation (Part III E) a routine facility
inspection. In addition, exceedance of benchmark concentrations may
identify facilities that would be more appropriately covered under an
individual, or alternative general permit where more specific pollution
prevention controls could be required.
|
TABLE 70-1
INDUSTRIAL SECTORS SUBJECT TO BENCHMARK MONITORING
|
|
Industry Sector1
|
Industry Sub-sector SIC Code or Activity Code
|
Benchmark Monitoring
Parameters
|
|
A
|
General Sawmills and Planing Mills [ 2421 ]
|
[ TSS. ]
|
|
Wood Preserving Facilities 2491
|
Arsenic, Chromium, Copper.
|
|
Log Storage and Handling [ 2411 ]
|
[ TSS. ]
|
|
Hardwood Dimension and Flooring Mills [ 2426 ]
|
[ TSS. ]
|
|
Mulch, Wood and Bark Facilities 2499 (24991303)
|
BOD COD, TSS.
|
|
Mulching Dying Operations 2499 (Mulch Dyeing)
|
BOD, TSS, COD, Aluminum,
Arsenic, Cadmium, Chromium, Copper, Iron, Lead, Manganese, Mercury,
Nickel, Selenium, Silver, Zinc, Total N, Total P.
|
|
B
|
Paperboard Mills 2631
|
BOD.
|
|
C
|
Industrial Inorganic Chemicals 2812-2819
|
Aluminum, Iron, Total N.
|
|
Plastics, Synthetic Resins, etc. 2821-2824
|
Zinc.
|
|
Soaps, Detergents, Cosmetics, Perfumes 2841-2844
|
Total N, Zinc.
|
|
Agricultural Chemicals 2873-2879
|
Total N, Iron, Zinc, Total P.
|
|
Composting Facilities 2875 (Composting Facilities)
|
TSS, BOD, COD, Ammonia, Total N, Total P.
|
|
[ D ]
|
Asphalt Paving and Roofing Materials [ 2951,
2952 ]
|
[ TSS. ]
|
|
E
|
Clay Products 3251-3259 [ ,
3261-3269 ]
|
Aluminum.
|
|
Lime and Gypsum Products 3274, 3275
|
TSS, pH, Iron.
|
|
F
|
Steel Works, Blast Furnaces, and Rolling and Finishing
Mills 3312-3317
|
Aluminum, Zinc.
|
|
Iron and Steel Foundries 3321-3325
|
Aluminum, TSS, Copper, Iron, Zinc.
|
|
Nonferrous Rolling and Drawing 3351-3357
|
Copper, Zinc.
|
|
Nonferrous Foundries (Castings) 3363-3369
|
Copper, Zinc.
|
|
G2
|
Copper Ore Mining and Dressing 1021
|
TSS.
|
|
H
|
Coal Mines and Coal-Mining Related Facilities 1221-1241
|
TSS, Aluminum, Iron.
|
|
K
|
Hazardous HZ (Hazardous Waste Treatment,
Storage, or Disposal Disposal)
|
TKN, TSS, TOC, Arsenic, Cadmium, Cyanide, Lead, Magnesium,
Mercury, Selenium, Silver.
|
|
L
|
Landfills LF
(Landfills, Land Application Sites, and Open Dumps Dumps)
|
TSS.
|
|
M
|
Automobile Salvage Yards 5015
|
TSS, Aluminum, Iron, Lead.
|
|
N
|
Scrap Recycling and Waste Recycling Facilities 5093
|
Copper, Aluminum, Iron, Lead, Zinc, TSS, Cadmium, Chromium.
|
|
Ship Dismantling, Marine Salvaging and Marine Wrecking
4499
|
Aluminum, Cadmium, Chromium, Copper, Iron, Lead, Zinc, TSS.
|
|
O
|
Steam SE (Steam Electric Generating Facilities
Facilities)
|
Iron.
|
|
P
|
Land Transportation and Warehousing
|
TPH, TSS.
|
|
Q
|
Water Transportation Facilities 4412-4499
(except 4499 facilities as specified in Sector N)
|
TSS, Copper, Zinc.
|
|
3731, 3732
|
TSS, Copper, Zinc.
|
|
R
|
Ship and Boat Building or Repairing Yards
|
TSS, Copper, Zinc.
|
|
S
|
Airports
|
TSS, TPH.
|
|
U
|
Dairy Products 2021-2026
|
BOD, TSS.
|
|
Grain Mill Products 2041-2048
|
TSS, TKN.
|
|
Fats and Oils 2074-2079
|
BOD, Total N, TSS.
|
|
Y
|
Rubber Products 3011-3069
|
Zinc.
|
|
Z
|
Leather Tanning and Finishing
|
TKN.
|
|
AA
|
Fabricated Metal Products Except Coating 3411-3471,
3482-3499, 3911-3915
|
Iron, Aluminum, Copper, Zinc.
|
|
Fabricated Metal Coating and Engraving 3479
|
Zinc.
|
|
AB
|
Transportation Equipment, Industrial, or Commercial
Machinery 3511-3599 (except 3571-3579)
|
TSS, TPH, Copper, Zinc.
|
|
AD
|
Nonclassified Facilities/Stormwater Discharges Designated by
the Board as Requiring Permits
|
TSS. As determined by the director.
|
|
AE
|
2611, 2621, 2652-2657, 2671-2679, 2833-2836, 2851, 2861-2869,
2891-2899, 3952, [ 2992, 2999, ] 3211,
3221, 3229, 3231, 3241, 3281, 3291-3299, 3331-3339, 3398, 3399,
3341, 1311, 1321, 1381-1389, 2911, 4512-4581, (TW) Treatment
Works, 2011-2015, 2032-2038, 2051-2053, 2061-2068,
2082-2087, 2091-2099, 2111-2141, 2211-2299, 2311-2399,
3131-3199, 2434, 2511-2599, 2711-2796, 3081-3089,
3931, 3942-3949, 3951-3955 (except 3952 [ facilities
as specified in Sector C ]), 3961, 3965, 3991-3999,
3111, 3711-3799 (except 3731, 3732 see Sector Q), 3571-3579, 3612-3699,
3812-3873
|
Facilities in Sector AE are not subject to benchmark
monitoring requirements.
|
|
AF
|
[ 2411, 2421, 2426, 2429, 2431-2433, 2435-2439,
2441, 2448, 2449, 2451, 2452, 2493, ] 4011, 4013, 4111-4173,
4212-4231, 4311, 5171
|
TSS.
|
|
1Table does not include parameters for compliance
monitoring under effluent limitations guidelines.
|
|
2See Sector G (Part IV G) for additional
monitoring discharges from waste rock and overburden piles from active ore
mining or dressing facilities, inactive ore mining or dressing facilities,
and sites undergoing reclamation.
|
|
|
(1) Benchmark monitoring shall be
performed for all benchmark parameters specified for the industrial sector or
sectors applicable to a facility's discharge. Monitoring shall be performed at
least once during each of the first four, and potentially all, monitoring
periods after coverage under the permit begins. Monitoring commences with the
first full monitoring period after the owner is granted coverage under the
permit. Monitoring periods are specified in Part I A 2.
Depending on the results of four consecutive monitoring
periods, benchmark monitoring may not be required to be conducted in subsequent
monitoring periods (see [ subdivision ] Part I A 1 b
(2) [ below ]).
(2) Benchmark monitoring waivers for facilities testing below
benchmark concentration values. Waivers from benchmark monitoring are available
to facilities whose discharges are below benchmark concentration values on an
outfall by outfall basis. Sector-specific benchmark monitoring is not required
to be conducted in subsequent monitoring periods during the term of this permit
provided:
(a) Samples were collected in four consecutive monitoring
periods, and the average of the four samples for all parameters at the outfall
is below the applicable benchmark concentration value in Part IV. (Note:
facilities Facilities that were covered under the 2009 2014
industrial stormwater general permit may use sampling data from the last two
monitoring periods of that permit and the first two monitoring periods of this
permit to satisfy the four consecutive monitoring periods requirement); and
(b) The facility is not subject to a numeric effluent
limitation established in Part I A 1 c (1) (Stormwater Effluent Limitations)
(stormwater effluent limitations), Part I A 1 c (2) (Coal Pile
Runoff) (coal pile runoff), or Part IV (Sector Specific Permit
Requirements) for any of the parameters at that outfall; and
(c) A waiver request is submitted to and approved by the
board. The waiver request shall be sent to the appropriate DEQ regional office,
along with the supporting monitoring data for four consecutive monitoring
periods, and a certification that, based on current potential pollutant sources
and control measures used, discharges from the facility are reasonably expected
to be essentially the same (or cleaner) compared to when the benchmark
monitoring for the four consecutive monitoring periods was done.
Waiver requests will be evaluated by the board based upon:
(i) benchmark monitoring results below the benchmark concentration values; (ii)
a favorable compliance history (including inspection results); and (iii) no
outstanding enforcement actions.
The monitoring waiver may be revoked by the board for just
cause. The permittee will be notified in writing that the monitoring waiver is
revoked, and that the benchmark monitoring requirements are again in force and
will remain in effect until the permit's expiration date.
(3) Samples shall be collected and analyzed in accordance with
Part I A 2. Monitoring results shall be reported in accordance with Part I A 5
and Part II C and retained in accordance with Part II B.
c. Compliance monitoring for discharges subject to numerical
effluent limitations or discharges to impaired waters.
(1) Facilities subject to stormwater effluent limitation
guidelines.
(a) Facilities subject to stormwater effluent limitation
guidelines (see Table 70-2) are required to monitor such discharges to evaluate
compliance with numerical effluent limitations. Industry-specific numerical
limitations and compliance monitoring requirements are described in Part IV of
the permit (9VAC25-151-90 et seq.). Permittees with colocated industrial
activities at the facility that are described in more than one sector in Part
IV shall comply on a discharge-by-discharge basis with all applicable effluent
limitations from each sector.
(b) Permittees shall monitor the discharges for the presence
of the pollutant subject to the effluent limitation at least once during each
of the monitoring periods after coverage under the permit begins. Monitoring
commences with the first full monitoring period after the owner is granted
coverage under the permit. Monitoring periods are specified in Part I A 2. The
substantially identical outfall monitoring provisions (Part I A 2 f) are not
available for numeric effluent limits monitoring.
(c) Samples shall be collected and analyzed in accordance with
Part I A 2. Monitoring results shall be reported in accordance with Part I A 5
and Part II C, and retained in accordance with Part II B.
|
TABLE 70-2
STORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES
|
|
Effluent Limitation Guideline
|
Sectors with Affected
Facilities
|
|
Runoff from material storage piles at cement manufacturing
facilities (40 CFR Part 411 Subpart C (established February 20, 1974))
|
E
|
|
Contaminated runoff from
phosphate fertilizer manufacturing facilities (40 CFR Part 418 Subpart A
(established April 8, 1974))
|
C
|
|
Coal pile runoff at steam electric generating facilities (40
CFR Part 423 (established November 19, 1982))
|
O
|
|
Discharges resulting from spray down or intentional wetting
of logs at wet deck storage areas (40 CFR Part 429, Subpart I (established
January 26, 1981))
|
A
|
|
Runoff from asphalt emulsion facilities (40 CFR Part 443
Subpart A (established July 24, 1975))
|
D
|
|
Runoff from landfills (40 CFR Part 445, Subpart A and B
(established January 19, 2000))
|
K and L
|
|
Discharges from airport deicing operations (40 CFR Part 449
(established May 16, 2012))
|
S Facilities subject to the effluent limitation
guidelines in 40 CFR Part 449 are not authorized under this permit.
|
(2) Facilities subject to coal pile runoff monitoring.
(a) Facilities with discharges of stormwater from coal storage
piles shall comply with the limitations and monitoring requirements of Table
70-3 for all discharges containing the coal pile runoff, regardless of the
facility's sector of industrial activity.
(b) Permittees shall monitor such stormwater discharges at
least once during each of the monitoring periods after coverage under the
permit begins. Monitoring commences with the first full monitoring period after
the owner is granted coverage under the permit. Monitoring periods are
specified in Part I A 2. The substantially identical outfall monitoring
provisions (Part I A 2 f) are not available for coal pile numeric effluent
limits monitoring.
(c) The coal pile runoff shall not be diluted with other
stormwater or other flows in order to meet this limitation.
(d) If a facility is designed, constructed and operated to
treat the volume of coal pile runoff that is associated with a 10-year, 24-hour
rainfall event, any untreated overflow of coal pile runoff from the treatment
unit is not subject to the 50 mg/L limitation for total suspended solids.
(e) Samples shall be collected and analyzed in accordance with
Part I A 2. Monitoring results shall be reported in accordance with Part I A 5
and Part II C, and retained in accordance with Part II B.
|
TABLE 70-3
NUMERIC LIMITATIONS FOR COAL PILE RUNOFF
|
|
Parameter
|
Limit
|
Monitoring Frequency
|
Sample Type
|
|
Total Suspended Solids (TSS)
|
50 mg/l, max.
|
1/6 months
|
Grab
|
|
pH
|
6.0 min. - 9.0 max.
|
1/6 months
|
Grab
|
(3) Facilities discharging to an impaired water with an
approved TMDL wasteload allocation.
Owners of facilities that are a source of the specified
pollutant of concern to waters for which a TMDL wasteload allocation has been
approved prior to the term of this permit will be notified as such by the
department when they are approved for coverage under the general permit.
(a) Upon written notification from the department, facilities
subject to TMDL wasteload allocations will shall be required to
monitor such discharges to evaluate compliance with the TMDL requirements.
(b) Permittees shall monitor the discharges for the pollutant
subject to the TMDL wasteload allocation [ at least ] once
[ during each of the monitoring periods every six months ]
after coverage under the permit begins [ , unless otherwise determined
by the department for polychlorinated biphenyls (PCBs) ]. Monitoring
commences with the first full monitoring period after the owner is granted
coverage under the permit. Monitoring periods are specified in Part I A 2.
(c) Samples shall be collected and analyzed in accordance with
Part I A 2. Monitoring results shall be reported in accordance with Part I A 5
and Part II C, and retained in accordance with Part II B.
(d) If the pollutant subject to the TMDL wasteload allocation
is below the quantitation level in all of the samples from the first four
monitoring periods (i.e., the first two years of coverage under the permit),
the permittee may request to the board in writing that further sampling be
discontinued, unless the TMDL has specific instructions to the contrary (in which
case those instructions shall be followed). The laboratory certificate of
analysis shall be submitted with the request. If approved, documentation of
this shall be kept with the SWPPP.
If the pollutant subject to the TMDL wasteload allocation is
above the quantitation level in any of the samples from the first four
monitoring periods, the permittee shall continue the scheduled TMDL monitoring
throughout the term of the permit.
(4) Facilities discharging to an impaired water without an
approved TMDL wasteload allocation.
Owners of facilities that discharge to waters listed as
impaired in the 2012 2016 Final 305(b)/303(d) Water Quality
Assessment Integrated Report, and for which a TMDL wasteload allocation has not
been approved prior to the term of this permit, will be notified as such by the
department when they are approved for coverage under the general permit.
(a) Upon written notification from the department, facilities
discharging to an impaired water without an approved TMDL wasteload allocation will
shall be required to monitor such discharges for the pollutant(s)
pollutants that caused the impairment.
(b) Permittees shall monitor the discharges for all pollutants
for which the waterbody is impaired, and for which a standard analytical method
exists, at least once during each of the monitoring periods after coverage
under the permit begins. Monitoring commences with the first full monitoring
period after the owner is granted coverage under the permit. Monitoring periods
are specified in Part I A 2.
(c) If the pollutant for which the waterbody is impaired is
suspended solids, turbidity, or sediment, or sedimentation, monitor for total
suspended solids (TSS). If the pollutant for which the waterbody is impaired is
expressed in the form of an indicator or surrogate pollutant, monitor for that
indicator or surrogate pollutant. No monitoring is required when a waterbody's
biological communities are impaired but no pollutant, including indicator or
surrogate pollutants, is specified as causing the impairment, or when a
waterbody's impairment is related to hydrologic modifications, impaired
hydrology, or temperature.
Samples shall be collected and analyzed in accordance with
Part I A 2. Monitoring results shall be reported in accordance with Part I A 5
and Part II C, and retained in accordance with Part II B.
(d) If the pollutant for which the water is impaired is below
the quantitation level in the discharges from the facility, or it is above the
quantitation level but its presence is caused solely by natural background
sources, the permittee may request to the board in writing that further
impaired water monitoring be discontinued. The laboratory certificate of
analysis shall be submitted with the request. If approved, documentation of
this shall be kept with the SWPPP.
To support a determination that the pollutant's presence is
caused solely by natural background sources, the following documentation shall
be submitted with the request and kept with the SWPPP: (i) an explanation of
why it is believed that the presence of the impairment pollutant in the
facility's discharge is not related to the activities at the facility; and (ii)
data or studies that tie the presence of the impairment pollutant in the
facility's discharge to natural background sources in the watershed. Natural
background pollutants include those substances that are naturally occurring in
soils or groundwater. Natural background pollutants do not include legacy
pollutants from earlier activity at the facility's site, or pollutants in
run-on from neighboring sources that are not naturally occurring.
2. Monitoring instructions.
a. Collection and analysis of samples. Sampling requirements
shall be assessed on an outfall by outfall basis. Samples shall be collected
and analyzed in accordance with the requirements of Part II A.
b. When and how to sample. A minimum of one grab sample shall
be taken from the discharge associated with industrial activity resulting from
a storm event that results in an actual a discharge from the site
(defined as a "measurable storm event"), providing the interval from
the preceding measurable storm event is at least 72 hours. The 72-hour storm
interval is waived if the permittee is able to document that less than a
72-hour interval is representative for local storm events during the sampling
period. In the case of snowmelt, the monitoring shall be performed at a time
when a measurable discharge occurs at the site. For discharges from a
stormwater management structure, the monitoring shall be performed at a time
when a measurable discharge occurs from the structure.
The grab sample shall be taken during the first 30 minutes of
the discharge. If it is not practicable to take the sample during the first 30
minutes, the sample may be taken during the first three hours of the discharge,
provided that the permittee explains why a grab sample during the first 30
minutes was impracticable. This information shall be submitted on or with
the Discharge Monitoring Report (DMR) in the department's electronic
discharge monitoring report (e-DMR) system, and maintained with the SWPPP.
If the sampled discharge commingles with process or nonprocess water, the
permittee shall attempt to sample the stormwater discharge before it mixes with
the nonstormwater.
c. Storm event data. For each monitoring event (except
snowmelt monitoring), along with the monitoring results, the permittee shall
identify the date and duration (in hours) of the storm event(s) events
sampled; rainfall total (in inches) of the storm event that generated the
sampled runoff; and the duration between the storm event sampled and the end of
the previous measurable storm event. For snowmelt monitoring, the permittee
shall identify the date of the sampling event.
d. Monitoring periods.
(1) Quarterly visual monitoring. The quarterly visual examinations
shall be made at least once in each of the following three-month periods each
year of permit coverage: January through March, April through June, July
through September, and October through December.
(2) Benchmark monitoring, effluent limitation monitoring, and
impaired waters monitoring (for waters both with and without an approved TMDL).
Monitoring shall be conducted at least once in each of the following semiannual
periods each year of permit coverage: January through June, and July through
December.
e. Documentation explaining a facility's inability to obtain a
sample (including dates and times the outfalls were viewed or sampling was
attempted), of no rain event, or of no deviation from the
"measurable" storm event requirements shall be maintained with
the SWPPP. Acceptable documentation includes, but is not limited to,
National Climatic Data Center (NCDC) weather station data, local weather
station data, facility rainfall logs, and other appropriate supporting data.
f. Representative outfalls - substantially identical
discharges. If the facility has two or more outfalls that discharge
substantially identical effluents, based on similarities of the industrial
activities, significant materials, size of drainage areas, and stormwater
management practices occurring within the drainage areas of the outfalls, frequency
of discharges, and stormwater management practices occurring within the
drainage areas of the outfalls, the permittee may conduct monitoring on the
effluent of just one of the outfalls and report that the observations also
apply to the substantially identical outfall or outfalls. The substantially
identical outfall monitoring provisions apply to quarterly visual monitoring,
benchmark monitoring, and impaired waters monitoring (both those with and
without an approved TMDL). The substantially identical outfall monitoring
provisions are not available for numeric effluent limits monitoring.
The permittee shall include the following information in the
SWPPP:
(1) The locations of the outfalls;
(2) Why the An evaluation, including available
monitoring data, indicating the outfalls are expected to discharge
substantially identical effluents, including evaluation of monitoring data
where available; and
(3) Estimates An estimate of the size of the
drainage area (in square feet) for each of the outfalls of each
outfall's drainage area in acres.
3. Adverse climatic conditions waiver. When adverse weather
conditions prevent the collection of samples, a substitute sample may be taken
during a qualifying storm event in the next monitoring period. Adverse weather
conditions are those that are dangerous or create inaccessibility for
personnel, and may include such things as local flooding, high winds,
electrical storms, or situations that otherwise make sampling impracticable,
such as drought or extended frozen conditions. Unless specifically stated
otherwise, this waiver may be applied to any monitoring required under this
permit. Narrative documentation of conditions necessitating the use of the
waiver shall be kept with the SWPPP.
4. Inactive and unstaffed sites (including temporarily
inactive sites).
a. A waiver of the quarterly visual assessments monitoring,
routine facility inspections, and monitoring requirements (including benchmark,
effluent limitation, and impaired waters monitoring) may be granted by the
board at a facility that is both inactive and unstaffed, as long as the
facility remains inactive and unstaffed and there are no industrial materials
or activities exposed to stormwater. The owner of such a facility is only
required to conduct an annual comprehensive routine site
inspection in accordance with the requirements in Part III E B 5.
b. An inactive and unstaffed sites waiver request shall be
submitted to the board for approval and shall include: the name of the
facility; the facility's VPDES general permit registration number; a contact
person, phone number and email address (if available); the reason for
the request; and the date the facility became or will become inactive and unstaffed.
The waiver request shall be signed and certified in accordance with Part II K.
If this waiver is granted, a copy of the request and the board's written
approval of the waiver shall be maintained with the SWPPP.
c. If circumstances change and industrial materials or
activities become exposed to stormwater, or the facility becomes either active
or staffed, the permittee shall notify the department within 30 days, and all
quarterly visual assessments monitoring, routine facility
inspections, and monitoring requirements shall be resumed immediately.
d. The board retains the right to revoke this waiver when it
is determined that the discharge is causing, has a reasonable potential to
cause, or contributes to a water quality standards violation.
e. Inactive and unstaffed facilities covered under Sector G
(Metal Mining) and Sector H (Coal Mines and Coal Mining-Related Facilities) are
not required to meet the "no industrial materials or activities exposed to
stormwater" standard to be eligible for this waiver, consistent with the
conditional exemption requirements established in Part IV Sector G and Part IV
Sector H.
5. Reporting monitoring results.
a. Reporting to the department. The permittee shall follow the
reporting requirements and deadlines below for the types of monitoring that
apply to the facility:
|
TABLE 70-4
MONITORING REPORTING REQUIREMENTS
|
|
Semiannual Monitoring
|
Submit the results [ on a DMR ] by January
10 and by July 10.
|
|
Quarterly Visual Monitoring
|
Retain results with SWPPP - do not submit unless requested
to do so by the department.
|
Permittees shall submit results for each outfall associated
with industrial activity according to the requirements of Part II C. For
each outfall sampled, one signed discharge monitoring report (DMR) form shall
be submitted to the department per storm event sampled. For representative
outfalls, the sampled outfall will be reported on the DMR, and the outfalls
that are representative of the sampled outfall will be listed in the comment
section of the DMR. Signed DMRs are not required for each of the outfalls that
are representative of the sampled outfall.
b. Additional reporting. In addition to submitting copies
of discharge monitoring reports in accordance with Part II C, permittees with
at least one stormwater discharge associated with industrial activity through a
regulated municipal separate storm sewer system (MS4) shall submit signed
copies of DMRs to the MS4 operator at the same time as the reports are
submitted to the department. Permittees not required to report monitoring data
and permittees that are not otherwise required to monitor their discharges need
not comply with this provision.
c. b. Significant digits. The permittee shall
report at least the same number of significant digits as a numeric effluent
limitation or TMDL wasteload allocation for a given parameter; otherwise, at
least two significant digits shall be reported for a given parameter.
Regardless of the rounding convention used by the permittee (i.e., five always
rounding up or to the nearest even number), the permittee shall use the
convention consistently and shall ensure that consulting laboratories employed
by the permittee use the same convention.
6. Corrective actions.
a. Data exceeding [ benchmarks benchmark ]
concentration values.
(1) If the benchmark monitoring result exceeds the benchmark
concentration value for that parameter, the permittee shall review the SWPPP
and modify it as necessary to address any deficiencies that caused the
exceedance. Revisions to the SWPPP shall be completed within 30 60
days after an exceedance is discovered. When control measures need to be
modified or added (distinct from regular preventive maintenance of existing
control measures described in Part III C), implementation shall be completed
before the next anticipated storm event if possible, but no later than 60 days
after the exceedance is discovered, or as otherwise provided or approved by the
department. In cases where construction is necessary to implement control
measures, the permittee shall include a schedule in the SWPPP that provides for
the completion of the control measures as expeditiously as practicable, but no
later than three years after the exceedance is discovered. Where a construction
compliance schedule is included in the SWPPP, the plan SWPPP
shall include appropriate nonstructural and temporary controls to be
implemented in the affected portion(s) portions of the facility
prior to completion of the permanent control measure. Any control measure
modifications shall be documented and dated, and retained with the SWPPP, along
with the amount of time taken to modify the applicable control measures or
implement additional control measures.
(2) Natural background pollutant levels. If the concentration
of a pollutant exceeds a benchmark concentration value, and the permittee
determines that exceedance of the benchmark is attributable solely to the
presence of that pollutant in the natural background, corrective action is not
required provided that:
(a) The concentration of the benchmark monitoring result is
less than or equal to the concentration of that pollutant in the natural
background;
(b) The permittee documents and maintains with the SWPPP the
supporting rationale for concluding that benchmark exceedances are in fact
attributable solely to natural background pollutant levels. The supporting
rationale shall include any data previously collected by the facility or others
(including literature studies) that describe the levels of natural background
pollutants in the facility's stormwater discharges; and
(c) The permittee notifies the department on the benchmark
monitoring DMR that the benchmark exceedances are attributable solely to
natural background pollutant levels.
Natural background pollutants include those substances that
are naturally occurring in soils or groundwater. Natural background pollutants
do not include legacy pollutants from earlier activity on the facility's site,
or pollutants in run-on from neighboring sources that are not naturally
occurring.
b. Corrective actions. The permittee shall take corrective
action whenever:
(1) Routine facility inspections, comprehensive site
compliance evaluations, inspections by local, state or federal officials,
or any other process, observation or event result in a determination that
modifications to the stormwater control measures are necessary to meet the
permit requirements;
(2) There is any exceedance of an effluent limitation
(including coal pile runoff), TMDL wasteload allocation, or a reduction
required by a local ordinance established by a municipality to meet Chesapeake
Bay TMDL requirements; or
(3) The department determines, or the permittee becomes aware,
that the stormwater control measures are not stringent enough for the discharge
to meet applicable water quality standards.
The permittee shall review the SWPPP and modify it as
necessary to address any deficiencies. Revisions to the SWPPP shall be completed
within 30 60 days following the discovery of the deficiency. When
control measures need to be modified or added (distinct from regular preventive
maintenance of existing control measures described in Part III C),
implementation shall be completed before the next anticipated storm event if
possible, but no later than 60 days after the deficiency is discovered, or as
otherwise provided or approved by the department. In cases where construction
is necessary to implement control measures, the permittee shall include a
schedule in the SWPPP that provides for the completion of the control measures
as expeditiously as practicable, but no later than three years after the
deficiency is discovered. Where a construction compliance schedule is included
in the SWPPP, the plan SWPPP shall include appropriate
nonstructural and temporary controls to be implemented in the affected portion(s)
portion of the facility prior to completion of the permanent control
measure. The amount of time taken to modify a control measure or implement
additional control measures shall be documented in the SWPPP.
Any corrective actions taken shall be documented and retained
with the SWPPP. Reports of corrective actions shall be signed in accordance
with Part II K.
c. Follow-up reporting. If at any time monitoring results
indicate that discharges from the facility exceed an effluent limitation or a
TMDL wasteload allocation, or the department determines that discharges from
the facility are causing or contributing to an exceedance of a water quality
standard, immediate steps shall be taken to eliminate the exceedances in
accordance with the above Part I A 6 b (Corrective actions). Within 30 calendar
days of implementing the relevant corrective action(s) action, an
exceedance report shall be submitted to the department. The following
information shall be included in the report: general permit registration
number; facility name, address, and location; receiving water; monitoring data
from this event; an explanation of the situation; description of what has been
done and the intended actions (should the corrective actions not yet be
complete) to further reduce pollutants in the discharge; and an appropriate
contact name and phone number.
(1) General permit registration number;
(2) Facility name and address;
(3) Receiving water for each outfall exceeding an effluent
limitation of TMDL wasteload allocation;
(4) Monitoring data from the event being reported;
(5) A narrative description of the situation;
(6) A description of actions taken since the event was
discovered and steps taken to minimize to the extent feasible pollutants in the
discharge; and
(7) A local facility contact name, email address, and phone
number.
B. Special conditions.
1. Allowable Authorized nonstormwater
discharges. Except as provided in this section or in Part IV (9VAC25-151-90 et
seq.), all discharges covered by this permit shall be composed entirely of
stormwater. The following nonstormwater discharges are authorized by this
permit:
a. Discharges from emergency firefighting activities;
b. Fire hydrant flushings, managed in a manner to avoid an
instream impact;
c. Potable water, including water line flushings,
managed in a manner to avoid an instream impact;
d. Uncontaminated condensate from air conditioners, coolers,
and other compressors and from the outside storage of refrigerated gases or
liquids;
e. Irrigation drainage;
f. Landscape watering provided all pesticides, herbicides, and
fertilizer have been applied in accordance with the approved labeling;
g. Routine external building washdown that does not use
detergents or hazardous cleaning products;
h. Pavement wash waters where no detergents or hazardous
cleaning products are used and no spills or leaks of toxic or hazardous
materials have occurred (unless all spilled material has been removed).
Pavement wash waters shall be managed in a manner to avoid an instream impact;
i. Uncontaminated [ ground water groundwater ]
or spring water;
j. Foundation or footing drains where flows are not
contaminated with process materials; and
k. Incidental windblown mist from cooling towers that collects
on rooftops or adjacent portions of the facility, but not intentional
discharges from the cooling tower (e.g., "piped" cooling tower
blowdown or drains).
All other nonstormwater discharges are not authorized and
shall either be eliminated or covered under a separate VPDES permit.
The following nonstormwater discharges are specifically not
authorized by this permit:
Sector A - Timber products. Discharges of stormwater from
areas where there may be contact with chemical formulations sprayed to provide
surface protection.
Sector C - Chemical and allied products manufacturing.
Inks, paints, or substances (hazardous, nonhazardous, etc.) resulting from an
on-site spill, including materials collected in drip pans; washwaters from
material handling and processing areas; or washwaters from drum, tank, or
container rinsing and cleaning.
Sector G - Metal mining (ore mining and dressing). Adit
drainage or contaminated springs or seeps; and contaminated seeps and springs
discharging from waste rock dumps that do not directly result from
precipitation events.
Sector H - Coal mines and coal mining-related facilities.
Discharges from pollutant seeps or underground drainage from inactive coal
mines and refuse disposal areas that do not result from precipitation events;
and discharges from floor drains in maintenance buildings and other similar
drains in mining and preparation plant areas.
Sector I - Oil and gas extraction and refining. Discharges
of vehicle and equipment washwater, including tank cleaning operations.
Sector K - Hazardous waste treatment, storage, or disposal
facilities. Leachate, gas collection condensate, drained free liquids,
contaminated ground water, laboratory-derived wastewater and contact washwater
from washing truck, equipment, and railcar exteriors and surface areas that
have come in direct contact with solid waste at the landfill facility.
Sector L - Landfills, land application sites and open
dumps. Leachate, gas collection condensate, drained free liquids, contaminated
ground water, laboratory wastewater, and contact washwater from washing truck,
equipment, and railcar exteriors and surface areas that have come in direct
contact with solid waste at the landfill facility.
Sector N - Scrap recycling and waste recycling facilities.
Discharges from turnings containment areas in the absence of a storm event.
Sector O - Steam electric generating facilities.
Nonstormwater discharges subject to effluent limitation guidelines.
Sector P - Land transportation and warehousing. Vehicle,
equipment, or surface washwater, including tank cleaning operations.
Sector Q - Water transportation. Bilge and ballast water,
sanitary wastes, pressure wash water, and cooling water originating from
vessels.
Sector R - Ship and boat building or repair yards. Bilge
and ballast water, pressure wash water, sanitary wastes, and cooling water
originating from vessels.
Sector S - Air transportation. Aircraft, ground vehicle,
runway and equipment washwaters; and dry weather discharges of deicing and
anti-icing chemicals.
Sector T - Treatment works. Sanitary and industrial
wastewater; and equipment or vehicle washwaters.
Sector U - Food and kindred products. Boiler blowdown,
cooling tower overflow and blowdown, ammonia refrigeration purging, and vehicle
washing and clean-out operations.
Sector V - Textile mills, apparel, and other fabric
products. Discharges of wastewater (e.g., wastewater as a result of wet
processing or from any processes relating to the production process); reused or
recycled water; and waters used in cooling towers.
2. Releases of hazardous substances or oil in excess of
reportable quantities. The discharge of hazardous substances or oil in the
stormwater discharge(s) discharges from the facility shall be
prevented or minimized in accordance with the stormwater pollution
prevention plan SWPPP for the facility. This permit does not
authorize the discharge of hazardous substances or oil resulting from an
on-site spill. This permit does not relieve the permittee of the reporting
requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 or §
62.1-44.34:19 of the Code of Virginia.
Where a release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under either
40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour
period:
a. The permittee is required to notify the department in
accordance with the requirements of Part II G as soon as he has knowledge of
the discharge;
b. Where a release enters a municipal separate storm sewer
system (MS4) an MS4, the permittee shall also notify the owner of
the MS4; and
c. The stormwater pollution prevention plan SWPPP
required under Part III shall be reviewed to identify measures to prevent the
reoccurrence of such releases and to respond to such releases, and the plan
SWPPP shall be modified where appropriate.
3. Colocated industrial activity. If the facility has
industrial activities occurring on-site which are described by any of the
activities in Part IV of the permit (9VAC25-151-90 et seq.), those industrial
activities are considered to be colocated industrial activities. Stormwater
discharges from colocated industrial activities are authorized by this permit,
provided that the permittee complies with any and all additional pollution
prevention plan SWPPP and monitoring requirements from Part IV
applicable to that particular colocated industrial activity. The permittee
shall determine which be responsible for additional pollution
prevention plan SWPPP and monitoring requirements are
applicable to the colocated industrial activity by examining the narrative
descriptions of each coverage section (Discharges covered under this
section) all discharges covered under this section.
4. The stormwater discharges authorized by this permit may be
combined with other sources of stormwater which are not required to be covered
under a VPDES permit, so long as the combined discharge is in compliance with
this permit.
5. There shall be no discharge of waste, garbage, or floating
debris in other than trace amounts.
6. Approval for coverage under this general permit does not
relieve the permittee of the responsibility to comply with any other applicable
federal, state, or local statute, ordinance, or regulation.
7. Discharges to waters subject to TMDL wasteload allocations.
a. Owners of facilities that are a source of the specified pollutant of
concern to waters for which a total maximum daily load (TMDL) TMDL
wasteload allocation has been approved prior to the term of this permit shall
incorporate measures and controls into the SWPPP required by Part III that are
consistent with the assumptions and requirements of the TMDL. The department
will provide written notification to the owner that a facility is subject to
the TMDL requirements. The facility's SWPPP shall specifically address any
conditions or requirements included in the TMDL that are applicable to
discharges from the facility. If the TMDL establishes a specific numeric
wasteload allocation that applies to discharges from the facility, the owner
shall perform any required monitoring in accordance with Part I A 1 c (3), and
implement control measures designed to meet that allocation.
b. Facilities in the Chesapeake Bay watershed.
8. Discharges to waters subject to the Chesapeake Bay TMDL.
(1) a. Owners of facilities in the Chesapeake
Bay watershed shall monitor their discharges for total suspended solids (TSS),
total nitrogen (TN), and total phosphorus (TP) to characterize the contributions
from their facility's specific industrial sector for these parameters. Total
nitrogen is the sum of total Kjeldahl nitrogen (TKN) and nitrite + nitrate and
shall be derived from the results of those tests. After the facility is
granted coverage under the permit, samples shall be collected during each of
the first four monitoring periods (i.e., the first two years of permit
coverage). Monitoring periods are specified in Part I A 2. Samples shall be
collected and analyzed in accordance with Part I A 2. Monitoring results shall
be reported in accordance with Part I A 5 and Part II C, and retained in
accordance with Part II B.
(2) b. Facilities that were covered under the 2009
2014 industrial stormwater general permit that sampled for TSS, TN,
or TP may use applicable sampling data from the last two monitoring periods of
that permit and the first two monitoring periods of this permit to satisfy the
four consecutive monitoring periods requirement. shall comply with the
following:
(1) Facilities that submitted a Chesapeake Bay TMDL action
plan that was approved by the board during the 2014 industrial stormwater
general permit term shall continue to implement the approved Chesapeake Bay
TMDL action plan during this permit term. An annual report shall be submitted
to the department by June 30 of each year describing the progress in meeting
the required reductions unless this reporting requirement is waived by the
department in accordance with Part I B 8 g. Monitoring in accordance with Part
I B 8 a is not required for these facilities during this permit term.
(2) Facilities that completed four samples for TSS, TN, and
TP during the 2014 industrial stormwater general permit term shall utilize the
procedures in Part I B 8 c (2) to calculate their facility stormwater loads.
The permittee shall submit a copy of the calculations and Chesapeake Bay TMDL
action plan if required under Part I B 8 f to the department within 60 days of
coverage under this general permit.
(3) Facilities that did not complete four samples for TSS,
TN, and TP during the 2014 industrial stormwater general permit term shall be
subject to completing the monitoring requirements in Part I B 8 a beginning
with the first full monitoring period after receiving permit coverage.
Calculations and a Chesapeake Bay TMDL action plan if required under Part I B 8
f shall be submitted no later than 90 days following the completion of the
fourth monitoring period to the DEQ regional office serving the area where the
industrial facility is located on a form provided by the department and
maintained with the facility's SWPPP.
(4) Facilities that monitored for TSS, TN, or TP may use
the applicable sampling data collected during the 2014 industrial stormwater
general permit term to satisfy all or part of the four monitoring periods
requirement in accordance with Part I B 8 a.
(3) c. Chesapeake Bay TMDL wasteload allocations
and Chesapeake Bay TMDL action plans.
(a) (1) EPA's Chesapeake Bay TMDL (December 29,
2010) includes wasteload allocations for VPDES permitted industrial stormwater
facilities as part of the regulated stormwater aggregate load. EPA used data
submitted by Virginia with the Phase I Chesapeake Bay TMDL Watershed
Implementation Plan, including the number of industrial stormwater permits per
county and the number of urban acres regulated by industrial stormwater
permits, as part of their development of the aggregate load. Aggregate loads
for industrial stormwater facilities were appropriate because actual facility
loading data were not available to develop individual facility wasteload
allocations.
Virginia estimated the loadings from industrial stormwater
facilities using actual and estimated facility acreage information and TP, TN,
and TSS loading values rates from the Northern Virginia Planning
District Commission (NVPDC) Guidebook for Screening Urban Nonpoint Pollution
Management Strategies (Annandale, VA November 1979), prepared for the
Metropolitan Washington Council of Governments. The loading values rates
used were as follows:
TP - High (80%) imperviousness industrial; 1.5 lb/ac/yr
TN - High (80%) imperviousness industrial; 12.3 lb/ac/yr
TSS - High (80%) imperviousness industrial; 440 lb/ac/yr
The actual facility area information and the TP, TN, and TSS
data collected for this permit will be used by the board to quantify the
nutrient and sediment loads from VPDES permitted industrial stormwater
facilities and will be submitted to EPA to aid in further refinements to its
Chesapeake Bay TMDL model. The loading information will also be used by the board
to determine any additional load reductions needed for industrial stormwater
facilities for the next reissuance of this permit.
(b) Data analysis and Chesapeake Bay TMDL action plans (2)
Calculation of facility loads. The permittee shall analyze the nutrient and
sediment data collected in accordance with subdivision 7 b (1) of this
subsection Part I B 8 a and 8 b to determine if additional action
is needed pollution reductions are required for this permit term.
The permittee shall average the data collected at the facility for each of the
pollutants of concern (POC) (e.g., TP, TN, and TSS) and compare the results to
the loading values rates for TP, TN, and TSS presented in subdivision
7 b (3) (a) of this subsection Part I B 8 c (1). To calculate the
facility loadings, the permittee may use either (i) actual annual average
rainfall data for the facility location (in inches/year), or the Virginia
annual average rainfall of 44.3 inches/year; or (ii) another method approved by
the board.
The following formula may be used to determine the loading value
rate:
L = (0.2263 x R x C) / A 0.226 x P x Pj x (0.05 +
(0.9 x Ia)) x C
where:
L = the POC loading value rate (lb/acre/year)
R = the annual average rainfall (inches/year)
P = the annual rainfall (inches/year) - The permittee may
use either actual annual average rainfall data for the facility location (in
inches/year), the Virginia annual average rainfall of 44.3 inches/year, or
another method approved by the board.
Pj = the fraction of annual events that produce runoff -
The permittee shall use 0.9 unless the board approves another rate.
Ia = the impervious fraction of the facility impervious
area of industrial activity to the facility industrial activity area
C = the POC average concentration of all facility samples
(mg/L) - Facilities with multiple outfalls shall calculate a weighted
average concentration for each outfall using the drainage area of each outfall.
A = the facility industrial activity area (acres)
(c) For total phosphorus and total suspended solids,
all daily concentration data below the quantitation level (QL) for the
analytical method used shall be treated as half the QL. All daily concentration
data equal to or above the QL for the analytical method used shall be treated
as it is reported.
For total nitrogen, if none of the daily concentration data
for the respective species (i.e., TKN, nitrate, or nitrite) are equal to or
above the QL for the respective analytical methods used, the daily TN
concentration value reported shall equal one half of the largest QL used for
the respective species. If one of the data is equal to or above the QL, the
daily TN concentration value shall be treated as that data point is reported.
If more than one of the data is above the QL, the daily TN concentration value
shall equal the sum of the data points as reported.
d. The permittee shall submit a copy of the calculations to
the department within 90 days from the end of the last monitoring period that
satisfies the monitoring requirement in Part I B 8 a. Calculations shall be
submitted to the DEQ regional office serving the area where the industrial
facility is located [ , ] on a form provided by the
department [ , ] and maintained with the facility's
SWPPP.
e. Any modification to the facility's industrial acreage or
impervious industrial acreage [ shall ] require the
facility to recalculate facility loading rates. This may require the facility
to modify the facility's Chesapeake Bay TMDL action plan or submit a Chesapeake
Bay TMDL action plan as appropriate. Any recalculation of facility loading
rates or modifications to a Chesapeake Bay TMDL action plan shall be submitted
to the department within 90 days of the date on which the permittee completes a
site modification. If previous monitoring is no longer representative of the
modified facility, monitoring in accordance with Part I B 8 a shall commence
within 90 days of the modification and the revised calculations and Chesapeake
Bay TMDL action plan if required under Part I B 8 f shall be submitted no later
than 90 days following completion of the fourth monitoring period.
f. Chesapeake Bay TMDL action plan [ Requirements
requirements ]. If the calculated facility loading value
rate for TP, TN, or TSS is above the loading values rates
for TP, TN, or TSS presented in subdivision 7 b (3) (a) of this
subsection Part I B 8 c (1), then the permittee shall develop and
submit to the board for review and approval a Chesapeake Bay TMDL Action
Plan action plan to the department. The plan shall be submitted
within 90 days from the end of the second year's monitoring period (by
September 28, 2016). The permittee shall implement the approved plan over the
remaining term of this permit to achieve all the necessary reductions by June
30, 2024. The action plan shall include:
(i) The Chesapeake Bay TMDL action plan shall be
submitted on a form provided by the department to the regional office serving
the area where the industrial facility is located within 90 days following the
completion of the fourth monitoring period. A copy of the current Chesapeake
Bay TMDL action plan and all facility loading rate calculations shall be
maintained with the facility's SWPPP. The Chesapeake Bay TMDL action plan shall
include:
(1) A determination of the total pollutant load
reductions for TP, TN, and TSS (as appropriate) necessary to reduce the annual
loads from industrial activities. This shall be determined by calculating
multiplying the industrial average times the difference between the TMDL
loading values rates listed in subdivision 7 b (3) (a) of this
subsection, Part I B 8 c (1) and the average of the sampling data
for TP, TN, or TSS (as appropriate) for the entire facility actual
facility loading rates calculated in accordance with Part I B 8 c (2). The
reduction applies to the total difference calculated for each pollutant of
concern;
(ii) (2) The means and methods, such as
management practices and retrofit programs, that will be utilized to meet the
required reductions determined in subdivision 7 b (3) (c) (i) of this
subsection, Part I B 8 f (1) and a schedule to achieve those
reductions by June 30, 2024. The schedule should include annual benchmarks
milestones to demonstrate the ongoing progress in meeting those
reductions; and
(iii) (3) The permittee may consider utilization
of any pollutant trading or offset program in accordance with §§ 62.1-44.19:20
through 62.1-44.19:23 of the Code of Virginia, governing trading and
offsetting, to meet the required reductions.
(d) g. A permittee required to develop and
implement a Chesapeake Bay TMDL Action Plan shall submit an annual report to
the department by June 30 of each year describing the progress in meeting the
required reductions.
h. Chesapeake Bay TMDL action plan annual reporting waiver.
Upon implementation of the facility's Chesapeake Bay TMDL action plan,
permittees may submit a waiver for the annual reporting requirements. The
waiver request shall be submitted for board approval to the DEQ regional office
serving the area where the industrial facility is located on a form provided by
the department. Annual reporting requirements will be in effect until the
permittee receives notice from the department that the waiver has been
approved. A copy of the waiver approval shall be maintained with the SWPPP. The
waiver may be revoked for cause by the board. A waiver request may be approved
by the board once the permittee demonstrates that they have achieved all of the
required pollutant reductions calculated under Part I B 8 f (1). Pollutant
reductions may be achieved using a combination of the following alternatives:
(1) Reductions provided by one or more of the BMPs from the
Virginia Stormwater BMP Clearinghouse listed in 9VAC25-870-65, approved BMPs found
on the Virginia Stormwater Clearinghouse website, or BMPs approved by the
Chesapeake Bay Program. Any BMPs implemented to provide the required pollutant
reductions shall be incorporated in the SWPPP and be permanently maintained by
the permittee;
(2) Implementation of site-specific BMPs followed by a
minimum of four stormwater samples collected in accordance with sampling
requirements in Part I B 8 a that demonstrate pollutant loadings have been
reduced below those calculated under Part I B 8 c. Any BMPs implemented to
provide the required pollutant reductions shall be incorporated in the SWPPP
and be permanently maintained by the permittee; or
(3) Acquisition of nonpoint source credits certified by the
board as perpetual in accordance with § 62.1-44.19:20 of the Code of
Virginia.
8. 9. Discharges through a regulated MS4 to
waters subject to the Chesapeake Bay TMDL. In addition to the requirements of
this permit, any facility with industrial activity [ stormwater ]
discharges through a regulated MS4 that is notified by the MS4 operator that
the locality has adopted ordinances to meet the Chesapeake Bay TMDL shall
incorporate measures and controls into its SWPPP to comply with applicable
local TMDL ordinance requirements.
9. 10. Expansion of facilities that discharge to
waters subject to the Chesapeake Bay TMDL. Virginia's Phase I Chesapeake Bay
TMDL Watershed Implementation Plan (November 29, 2010), states that the
wasteloads from any expansion of an existing permitted facility discharging
stormwater in the Chesapeake Bay watershed cannot exceed the nutrient and
sediment loadings that were discharged from the expanded portion of the land
prior to the land being developed for the expanded industrial activity.
a. For any industrial activity area expansions (i.e.,
construction activities, including clearing, grading, and excavation
activities) that commence on or after July 1, 2014 2019, (the
effective date of this permit), the permittee shall document in the SWPPP the
information and calculations used to determine the nutrient and sediment
loadings discharged from the expanded land area prior to the land being
developed, and the measures and controls that were employed to meet the no net
increase of stormwater nutrient and sediment load as a result of the expansion
of the industrial activity. Any land disturbance that is exempt from permitting
under the VPDES construction stormwater general permit regulation (9VAC25-880)
is exempt from this requirement.
b. The permittee may use the VSMP water quality design criteria
to meet the requirements of subdivision 9 Part I B 10 a of
this subsection. Under this criteria, the total phosphorus load shall not
exceed the greater of: (i) the total phosphorus load that was discharged
from the expanded portion of the land prior to the land being developed for the
industrial activity or (ii) 0.41 pounds per acre per year. Compliance with the
water quality design criteria may be determined utilizing the Virginia Runoff
Reduction Method or another equivalent methodology approved by the board.
Design specifications and pollutant removal efficiencies for specific BMPs can
be found on the Virginia Stormwater BMP Clearinghouse website at
http://www.vwrrc.vt.edu/swc.
c. The permittee may consider utilization of any pollutant
trading or offset program in accordance with §§ 62.1-44.19:20 through
62.1-44.19:23 of the Code of Virginia, governing trading and offsetting, to
meet the no net increase requirement.
10. Water quality protection. The discharges authorized by
this permit shall be controlled as necessary to meet applicable water quality
standards. The board expects that compliance with the conditions in this permit
will control discharges as necessary to meet applicable water quality
standards.
11. Adding or deleting stormwater outfalls. The permittee may
add new or delete existing stormwater outfalls at the facility as necessary and
appropriate. The permittee shall update the SWPPP and notify the department of
all outfall changes within 30 days of the change. The permittee shall submit a copy
of the updated SWPPP site map with this notification.
12. Antidegradation requirements for new or increased
discharges to high quality waters. Facilities that add new outfalls, or
increase their discharges from existing outfalls that discharge directly to
high quality waters designated under Virginia's water quality standards
antidegradation policy under 9VAC25-260-30 A 2 may be notified by the
department that additional control measures, or other permit conditions are
necessary to comply with the applicable antidegradation requirements, or may be
notified that an individual permit is required in accordance with 9VAC25-31-170
B 3.
13. If the permittee discharges to surface waters through a
municipal separate storm sewer system (MS4), the permittee shall, within 30
days of coverage under this general permit, notify the owner of the MS4 in
writing of the existence of the discharge and provide the following
information: the name of the facility, a contact person and phone number, the
location of the discharge, the nature of the discharge, and the facility's
VPDES general permit registration number. A copy of such notification shall be
provided to the department.
14. 13. Termination of permit coverage.
a. The owner may terminate coverage under this general permit
by filing a complete notice of termination with the department. The
notice of termination may be filed after one or more of the following
conditions have been met:
(1) Operations have ceased at the facility and there are no
longer discharges of stormwater associated with industrial activity from the
facility;
(2) A new owner has assumed responsibility for the facility (Note:.
A notice of termination does not have to be submitted if a VPDES Change of
Ownership Agreement Form has been submitted) submitted;
(3) All stormwater discharges associated with industrial
activity have been covered by an individual VPDES permit; or
(4) Termination of coverage is being requested for another
reason, provided the board agrees that coverage under this general permit is no
longer needed.
b. The notice of termination shall contain the following
information:
(1) Owner's name, mailing address, telephone number, and email
address (if available);
(2) Facility name and location;
(3) VPDES industrial stormwater general permit registration
number;
(4) The basis for submitting the notice of termination,
including:
(a) A statement indicating that a new owner has assumed
responsibility for the facility;
(b) A statement indicating that operations have ceased at the
facility, and there are no longer discharges of stormwater associated with
industrial activity from the facility;
(c) A statement indicating that all stormwater discharges
associated with industrial activity have been covered by an individual VPDES
permit; or
(d) A statement indicating that termination of coverage is
being requested for another reason (state the reason); and a
description of the reason; and
(5) The following certification: "I certify under penalty
of law that all stormwater discharges associated with industrial activity from
the identified facility that are authorized by this VPDES general permit have
been eliminated, or covered under a VPDES individual permit, or that I am no
longer the owner of the industrial activity, or permit coverage should be
terminated for another reason listed above. I understand that by submitting
this notice of termination, that I am no longer authorized to discharge
stormwater associated with industrial activity in accordance with the general
permit, and that discharging pollutants in stormwater associated with
industrial activity to surface waters is unlawful where the discharge is not
authorized by a VPDES permit. I also understand that the submittal of this
notice of termination does not release an owner from liability for any
violations of this permit or the Clean Water Act."
c. The notice of termination shall be signed in accordance
with Part II K.
d. The notice of termination shall be submitted to the DEQ
regional office serving the area where the industrial facility is located.
Part II
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit
shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures
approved under 40 CFR Part 136 or alternative methods approved by the U.S.
Environmental Protection Agency, unless other procedures have been specified in
this permit.
3. The permittee shall periodically calibrate and perform
maintenance procedures on all monitoring and analytical instrumentation at
intervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed
in accordance with 1VAC30-45 (Certification for Noncommercial Environmental
Laboratories) or 1VAC30-46 (Accreditation for Commercial Environmental
Laboratories).
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or
measurements;
b. The individual(s) individuals who performed
the sampling or measurements;
c. The date(s) dates and time(s) times
analyses were performed;
d. The individual(s) individuals who performed
the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The permittee shall retain copies of the SWPPP, including
any modifications made during the term of this permit, 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 that coverage under this permit expires or is
terminated. 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 in the department's electronic discharge monitoring report
(e-DMR) system. All reports and forms submitted in compliance with this
permit shall be submitted electronically by the permittee in accordance with
9VAC25-31-1020.
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 on the DMR in
e-DMR or reporting form specified by the department.
4. Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise specified in
this permit.
D. Duty to provide information. The permittee shall furnish
to the department, within a reasonable time, any information which the board
may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating coverage under this permit or to determine compliance
with this permit. The board may require the permittee to furnish, upon request,
such plans, specifications, and other pertinent information as may be necessary
to determine the effect of the wastes from the discharge on the quality of
state waters, or such other information as may be necessary to accomplish the
purposes of the State Water Control Law. The permittee shall also furnish to
the department upon request, copies of records required to be kept by this
permit.
E. Compliance schedule reports. Reports of compliance or
noncompliance with, or any progress reports on, interim and final requirements
contained in any compliance schedule of this permit shall be submitted no later
than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this
permit, or another permit issued by the board, it shall be unlawful for any
person to:
1. Discharge into state waters sewage, industrial wastes,
other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological
properties of such state waters and make them detrimental to the public health,
or to animal or aquatic life, or to the use of such waters for domestic or
industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who
discharges or causes or allows a discharge of sewage, industrial waste, other
wastes or any noxious or deleterious substance into or upon state waters in
violation of Part II F; or who discharges or causes or allows a discharge that
may reasonably be expected to enter state waters in violation of Part II F,
shall notify the department of the discharge immediately upon discovery of the
discharge, but in no case later than 24 hours after said discovery. A written
report of the unauthorized discharge shall be submitted to the department
within five days of discovery of the discharge. The written report shall
contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to
continue;
7. If the discharge is continuing, what the expected total
volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent
a recurrence of the present discharge or any future discharges not authorized
by this permit.
Discharges reportable to the department under the immediate
reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any
unusual or extraordinary discharge including a bypass or upset should occur
from a treatment works and the discharge enters or could be expected to enter
state waters, the permittee shall promptly notify, in no case later than 24
hours, the department by telephone after the discovery of the discharge. This
notification shall provide all available details of the incident, including any
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 II I 2 1 b. 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.
1. The permittee shall report any noncompliance which
that may adversely affect state waters or may endanger public health.
1. a. An oral report shall be provided within 24
hours from the time the permittee becomes aware of the circumstances. The
following shall be included as information which that shall be
reported within 24 hours under this paragraph Part II I:
a. (1) Any unanticipated bypass; and
b. (2) Any upset which causes a discharge to
surface waters.
2. b. A written report shall be submitted within
five days and shall contain:
a. (1) A description of the noncompliance and
its cause;
b. (2) 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. (3) Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis
for reports of noncompliance under Part II I if the oral report has been
received within 24 hours and no adverse impact on state waters has been
reported.
3. 2. The permittee shall report all instances
of noncompliance not reported under Part II I 1 or 2, in writing,
at the time the next monitoring reports are submitted. The reports shall
contain the information listed in Part II I 2 1.
NOTE: 3. The immediate (within 24 hours) reports
required in Part II G, H and I may be made to the department's regional office.
Reports may be made by telephone, FAX, or online at
http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx.
For reports outside normal working hours, a message may be left and this shall
fulfill the immediate reporting requirement. For emergencies, the Virginia
Department of Emergency Management maintains a 24-hour telephone service at
1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon
as possible of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
a. The permittee plans alteration or addition to any building,
structure, facility, or installation from which there is or may be a discharge
of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306
of the Clean Water Act which are applicable to such source; or
(2) After proposal of standards of performance in accordance
with § 306 of the Clean Water Act which are applicable to such source, but only
if the standards are promulgated in accordance with § 306 within 120 days of
their proposal;
b. The alteration or addition could significantly change the
nature or increase the quantity of pollutants discharged. This notification
applies to pollutants which are subject neither to effluent limitations nor to
notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change
in the permittee's sludge use or disposal practices, and such alteration,
addition, or change may justify the application of permit conditions that are
different from or absent in the existing permit, including notification of
additional use or disposal sites not reported during the permit 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 purpose of this section, a responsible corporate officer means: (i)
a president, secretary, treasurer, or vice-president of the corporation in
charge of a principal business function, or any other person who performs
similar policy-making or decision-making functions for the corporation; or (ii)
the manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit
duty of making major capital investment recommendations, and initiating and
directing other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and
accurate information for permit registration 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 II K 1 or by a duly authorized representative of that person. A person is
a duly authorized representative only if:
a. The authorization is made in writing by a person described
in Part II K 1;
b. The authorization specifies either an individual or a
position having responsibility for the overall operation of the regulated
facility or activity such as the position of plant manager, operator of a well
or a well field, superintendent, position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters
for the company. A duly authorized representative may thus be either a named
individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part II
K 2 is no longer accurate because a different individual or position has
responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of Part II K 2 shall be submitted to the department
prior to or together with any reports, or information to be signed by an
authorized representative.
4. Certification. Any person signing a document under Part II
K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance
with a system designed to 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 Clean Water Act, except that noncompliance
with certain provisions of this permit may constitute a violation of the State
Water Control Law but not the Clean Water Act. Permit noncompliance is grounds
for enforcement action; for permit coverage termination, revocation
and reissuance, or modification; or denial of a permit coverage renewal application.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the Clean Water Act for toxic
pollutants and with standards for sewage sludge use or disposal established
under § 405(d) of the Clean Water Act within the time provided in the
regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if this permit has not yet been
modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of this permit, the
permittee shall submit a new registration statement at least 60 days before the
expiration date of the existing permit, unless permission for a later date has
been granted by the board. The board shall not grant permission for
registration statements to be submitted later than the expiration date of the
existing permit.
N. Effect of a permit. This permit does not convey any
property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of
personal rights, or any infringement of federal, state or local law or
regulations.
O. State law. Nothing in this permit shall be construed to
preclude the institution of any legal action under, or relieve the permittee
from any responsibilities, liabilities, or penalties established pursuant to
any other state law or regulation or under authority preserved by § 510 of the
Clean Water Act. Except as provided in permit conditions on
"bypassing" (Part II U), and "upset" (Part II V) nothing in
this permit shall be construed to relieve the permittee from civil and criminal
penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this
permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to
which the permittee is or may be subject under §§ 62.1-44.34:14 through
62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at
all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper
operation and maintenance also includes effective plant performance, adequate
funding, adequate staffing, and adequate laboratory and process controls,
including appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems which are
installed by the permittee only when the operation is necessary to achieve
compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other
pollutants removed in the course of treatment or management of pollutants shall
be disposed of in a manner so as to prevent any pollutant from such materials
from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall
not be a defense for a permittee in an enforcement action that it would have
been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste
streams from any portion of a treatment facility. The permittee may allow any
bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Part II U 2 and 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of
the need for a bypass, prior notice shall be submitted, if possible at least 10
days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of
an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement
action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part II
U 2.
b. The board may approve an anticipated bypass, after
considering its adverse effects, if the board determines that it will meet the
three conditions listed above in Part II U 3 a.
V. Upset.
1. An upset constitutes an affirmative defense to an action
brought for noncompliance with technology based permit effluent limitations if
the requirements of Part II V 2 are met. A determination made during
administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, is not a final administrative action
subject to judicial review.
2. A permittee who wishes to establish the affirmative defense
of upset shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s)
causes of the upset;
b. The permitted facility was at the time being properly
operated;
c. The permittee submitted notice of the upset as required in
Part II I; and
d. The permittee complied with any remedial measures required
under Part II S.
3. In any enforcement proceeding the permittee seeking to
establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the
director, or an authorized representative, including an authorized
contractor acting as a representative of the administrator, upon
presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept under the
conditions of this permit;
2. Have access to and copy, at reasonable times, any records
that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or operations
regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of
assuring permit compliance or as otherwise authorized by the Clean Water Act
and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall
be deemed reasonable during regular business hours, and whenever the facility
is discharging. Nothing contained herein shall make an inspection unreasonable
during an emergency.
X. Permit actions. Permits Permit coverages 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.
2. Coverage under this permit may be automatically
transferred to a new permittee if:
1. a. The current permittee notifies the
department within 30 days of the proposed transfer of the title to the
facility or property, unless permission for a later date has been granted by
the board;
2. 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
3. c. The board does not notify the existing
permittee and the proposed new permittee of its intent to deny the new
permittee coverage under the permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in Part
II Y 2 b.
Z. Severability. The provisions of this permit are severable,
and if any provision of this permit or the application of any provision of this
permit to any circumstance, is held invalid, the application of such provision
to other circumstances, and the remainder of this permit, shall not be affected
thereby.
Part III
Stormwater Pollution Prevention Plan
9VAC25-151-80. Stormwater Pollution Prevention Plans pollution
prevention plans.
A Stormwater Pollution Prevention Plans pollution
prevention plan (SWPPP) shall be developed and implemented for the facility
covered by this permit. The SWPPP is intended to document the selection,
design, and installation of control measures, including BMPs, to eliminate
or reduce minimize the pollutants in all stormwater discharges from
the facility, and to meet applicable effluent limitations and water quality
standards.
The SWPPP requirements of this general permit may be
fulfilled, in part, by incorporating by reference other plans or documents such
as 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 Part III B (Contents of the [ Plan)
SWPPP) ]. All plans incorporated by reference into the SWPPP become
enforceable under this permit. If a plan incorporated by reference does not
contain all of the required elements of the SWPPP of Part III B, the permittee
shall develop the missing SWPPP elements and include them in the required plan.
A. Deadlines for plan SWPPP preparation and
compliance.
1. Facilities that were covered under the 2009 2014
Industrial Stormwater General Permit. Owners of facilities that were covered
under the 2009 2014 Industrial Stormwater General Permit who are
continuing coverage under this general permit shall update and implement any
revisions to the SWPPP within 90 days of the board granting coverage under this
permit.
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 shall 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 shall update and implement any revisions to the SWPPP within 60 days
of the ownership change.
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 SWPPP. The contents of
the SWPPP shall comply with the requirements listed below and those in the
appropriate sectors of Part IV (9VAC25-151-90 et seq.). These requirements are
cumulative. If a facility has colocated industrial activities that are
covered in more than one sector of Part IV, that facility's pollution
prevention plan SWPPP shall comply with the requirements listed in
all applicable sectors. The following requirements are applicable to all SWPPPs
developed under this general permit. The plan SWPPP shall
include, at a minimum, the following items:
1. Pollution prevention team. The plan SWPPP
shall identify the staff individuals by name or title who comprise the
facility's stormwater pollution prevention team. The pollution prevention team
is responsible for assisting the facility or plant manager in developing,
implementing, maintaining, revising and ensuring compliance with the facility's
SWPPP. Specific responsibilities of each staff individual on the team 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 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. b. A site map identifying the
following:
(1) The boundaries of the property and the size of the
property (in acres) in acres;
(2) The location and extent of significant structures and
impervious surfaces (roofs, paved areas and other impervious areas);
(3) Locations of all stormwater conveyances, including
ditches, pipes, swales, and inlets, and the directions of stormwater flow (use
arrows to show which ways stormwater will flow) using arrows to indicate
which direction stormwater will flow;
(4) Locations of all existing structural and source stormwater
control measures, including BMPs;
(5) Locations of all surface water bodies, including wetlands;
(6) Locations of potential pollutant sources identified under
Part III B 3;
(7) Locations where significant spills or leaks identified
under Part III B 3 c have occurred;
(8) Locations of the following activities where such
activities are exposed to precipitation: fueling stations; vehicle and
equipment maintenance and cleaning areas; loading and unloading areas;
locations used for the treatment, storage or disposal of wastes; liquid storage
tanks; processing and storage areas; access roads, rail cars and tracks;
transfer areas for substances in bulk; and machinery;
(9) (8) Locations of stormwater outfalls and
an approximate outline of the area draining to each outfall, and location of
municipal storm sewer systems, if the stormwater from the facility discharges
to them. Outfalls shall be numbered using a unique numerical identification
code for each outfall (e.g., Outfall No. 001, No. 002, etc.);.
(10) (a) An approximate outline of the area draining
to each outfall;
(b) The drainage area of each outfall in acres;
(c) The longitude and latitude of each outfall;
(d) The location of any MS4 conveyance receiving discharge
from the facility; and
(e) Each outfall shall be identified with a unique
numerical identification code. For example: Outfall Number 001, Outfall Number
002, etc.;
(9) Location and description of all nonstormwater
discharges;
(11) (10) Location of any storage piles
containing salt used for deicing or other commercial or industrial purposes;
(12) (11) Locations and sources of runon suspected
run-on to the site from an adjacent property, where if
the runon contains run-on is suspected of containing significant
quantities of pollutants; and
(13) (12) Locations of all stormwater monitoring
points.
[ d. c. ] Receiving waters and
wetlands. The name of all surface waters receiving discharges from the site,
including intermittent streams, dry sloughs, and arroyos. Provide a description
of wetland sites that may receive discharges from the facility. If the facility
discharges through a municipal separate storm sewer system (MS4) an
MS4, identify the MS4 operator, and the receiving water to which the MS4
discharges.
3. Summary of potential pollutant sources. The plan SWPPP
shall identify each separate area at the facility where industrial materials or
activities are exposed to stormwater. 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,
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 shall include:
a. Activities in the area. A list of the industrial activities
exposed to stormwater (e.g., material storage, equipment fueling and
cleaning, cutting steel beams).
b. Pollutants. A list of the pollutant(s) or pollutants,
pollutant constituents (e.g., crankcase oil, zinc, sulfuric acid, cleaning
solvents, etc.), or industrial chemicals associated with each
industrial activity that could potentially be exposed to stormwater. The
pollutant list shall include all significant materials handled, treated, stored
or disposed that have been exposed to stormwater in the three years prior to
the date this SWPPP was prepared or amended. The list shall include any
hazardous substances or oil at the facility.
c. Spills and leaks. The SWPPP shall clearly identify areas
where potential spills and leaks that can contribute pollutants to stormwater
discharges can occur and their corresponding outfalls. The plan SWPPP
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
stormwater conveyance during the three-year period prior to the date this SWPPP
was prepared or amended. The list shall be updated within 60 days of the
incident if significant spills or leaks occur in exposed areas of the
facility during the term of the permit. Significant spills and leaks
include, but are not limited to, releases of oil or hazardous substances in
excess of reportable quantities.
d. Sampling data. The plan SWPPP shall include a
summary of existing stormwater discharge sampling data taken at the
facility. The summary shall include, at a minimum, any data collected
during the previous permit term three years.
4. Stormwater controls.
a. Control measures shall be implemented for all the areas
identified in Part III B 3 (summary of potential pollutant sources) to
prevent or control pollutants in stormwater discharges from the facility.
Regulated stormwater discharges from the facility include stormwater runon
run-on that commingles with stormwater discharges associated with
industrial activity at the facility. The SWPPP shall describe the type,
location and implementation of all control measures for each area where
industrial materials or activities are exposed to stormwater.
Selection of control measures shall take into consideration:
(1) That preventing stormwater from coming into contact with
polluting materials is generally more effective, and less costly, than trying
to remove pollutants from stormwater;
(2) Control measures 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 groundwater
contamination);
(5) Flow attenuation by use of open vegetated swales and
natural depressions can reduce [ in-stream instream ]
impacts of erosive flows;
(6) Conservation or restoration of riparian buffers will help
protect streams from stormwater 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. Nonnumeric technology-based effluent limits. The permittee
shall implement the following types of control measures to prevent and control
pollutants in the stormwater 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).
(1) Good housekeeping. The permittee shall keep clean all
exposed areas of the facility that are potential sources of pollutants to
stormwater 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 permittee shall perform the following
good housekeeping measures to minimize pollutant discharges:
(a) The SWPPP 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;
(b) As feasible, the facility shall sweep or vacuum;
(c) Store materials in containers constructed of
appropriate materials;
(d) Manage all waste containers to prevent a discharge of
pollutants;
(e) Minimize the potential for waste, garbage, and
floatable debris to be discharged by keeping areas exposed to stormwater free of
such materials or by intercepting such materials prior to discharge; and
(f) Facilities that handle pre-production plastic or
plastic waste shall implement BMPs to eliminate stormwater discharges of
plastics.
(2) Eliminating and minimizing exposure. To the extent
practicable, manufacturing, processing, and material storage areas (including
loading and unloading, storage, disposal, cleaning, maintenance, and fueling
operations) shall be located inside, or protected by a storm-resistant covering
to prevent exposure to rain, snow, snowmelt, and runoff. Note:
Eliminating exposure at all industrial areas may make the facility eligible for
the "Conditional Exclusion for No Exposure" provision of
9VAC25-31-120 E, thereby eliminating the need to have a permit. Unless
infeasible, facilities shall implement the following:
(a) Use grading, berming, or curbing to prevent runoff of
contaminated flows and divert run-on away from potential sources of pollutants;
(b) Locate materials, equipment, and activities so that potential
leaks and spills are contained, or able to be contained, or diverted before
discharge;
(c) Clean up spills and leaks immediately, upon discovery
of the spills or leaks, using dry methods (e.g., absorbents) to prevent the
discharge of pollutants;
(d) Store leaking vehicles and equipment indoors or, if
stored outdoors, use drip pans and adsorbents;
(e) Utilize appropriate spill or overflow protections
equipment;
(f) Perform all vehicle maintenance or equipment cleaning
operations indoors, under cover, or in bermed areas that prevent runoff and
run-on and also capture any overspray; and
(g) Drain fluids from equipment and vehicles that will be
decommissioned, and for any equipment and vehicles that remain unused for
extended periods of time, inspect at least monthly for leaks.
(3) Preventive maintenance. The permittee shall have a
preventive maintenance program that includes regular inspection, testing,
maintenance and repairing of all industrial equipment and systems to avoid
situations that could result in leaks, spills and other releases of pollutants
in stormwater discharged from the facility. This program is in addition to the
specific control measure maintenance required under Part III C (Maintenance
of control measures) (Maintenance).
(4) Spill prevention and response procedures. The plan SWPPP
shall describe the procedures that will be followed for preventing and
responding to spills and leaks, including:
(a) Preventive measures, such as barriers between material
storage and traffic areas, secondary containment provisions, and procedures for
material storage and handling;
(b) Response procedures, including notification of appropriate
facility personnel, emergency agencies, and regulatory agencies, and procedures
for stopping, containing and cleaning up spills. Measures for cleaning up
hazardous material spills or leaks shall be consistent with applicable [ RCRA
Resource Conservation and Recovery Act ] regulations at 40 CFR Part
264 and 40 CFR Part 265. 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) Procedures for plainly labeling containers (e.g.,
"used oil," "spent solvents," "fertilizers and
pesticides," etc.) that could be susceptible to spillage or leakage to
encourage proper handling and facilitate rapid response if spills or leaks
occur; and
(d) 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.
(5) Salt storage piles or piles containing salt. Storage piles
of salt or piles containing salt used for deicing or other commercial or
industrial purposes shall be enclosed or covered to prevent exposure to
precipitation. The permittee shall implement appropriate measures (e.g., good
housekeeping, diversions, containment) to minimize exposure resulting from
adding to or removing materials from the pile. All salt storage piles shall be
located on an impervious surface. All runoff from the pile, and runoff that
comes in contact with salt, including under drain systems, shall be collected
and contained within a bermed basin lined with concrete or other impermeable
materials, or within an underground storage tank or tanks, or within an above
ground storage tank or tanks, or disposed of through a sanitary sewer (with the
permission of the owner of the treatment facility). A combination of any or all
of these methods may be used. In no case shall salt contaminated stormwater be
allowed to discharge directly to the ground or to surface waters.
(6) Employee training. The permittee shall implement a
stormwater 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 at least annually for all employees who work in areas where
industrial materials or activities are exposed to stormwater, 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, control measure operation and
maintenance, etc. The SWPPP shall include a summary of any training performed.
(7) Sediment and erosion control. The plan SWPPP
shall identify areas at the facility that, due to topography, land disturbance
(e.g., construction, landscaping, site grading), or other factors, have a
potential for soil erosion. The permittee shall identify and implement
structural, vegetative, and stabilization control measures 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.
(8) Management of runoff. The plan SWPPP shall
describe the stormwater runoff management practices (i.e., permanent structural
control measures) for the facility. These types of control measures are
typically shall be used to divert, infiltrate, reuse, or otherwise
reduce pollutants in stormwater discharges from the site.
Structural control measures may require a separate permit
under § 404 of the [ CWA Clean Water Act ] and the
Virginia Water Protection Permit Program Regulation (9VAC25-210) before
installation begins.
(9) Dust suppression and vehicle tracking of industrial
materials. The permittee shall implement control measures to minimize the
generation of dust and off-site tracking of raw, final, or waste materials.
Stormwater collected on-site may be used for the purposes of dust suppression
or for spraying stockpiles. Potable water, well water, and uncontaminated reuse
water may also be used for this purpose. There shall be no direct discharge to
surface waters from dust suppression activities or as a result of spraying
stockpiles.
5. Routine facility inspections. Facility personnel Personnel
who possess the knowledge and skills to assess conditions and activities that
could impact stormwater quality at the facility and who can also evaluate the
effectiveness of control measures shall regularly inspect all areas of the
facility where industrial materials or activities are exposed to stormwater,
areas where spills or leaks have occurred in the past three years, discharge
points, and control measures. These inspections are in addition to, or
as part of, the comprehensive site evaluation required under Part III E. 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
SWPPP based upon a consideration of the level of industrial activity at
the facility, but shall be at a minimum quarterly of once per
calendar quarter unless more frequent intervals are specified elsewhere in
the permit or written approval is received from the department for less
frequent intervals. Inspections shall be performed during periods when the
facility is in operation operating hours. At least once each
calendar year, the routine facility inspection shall be conducted during a
period when a stormwater discharge is occurring.
The requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4 status. Note:
Certain sectors in Part IV have additional inspection requirements. If the VEEP
E3/E4 waiver language is not included for the sector specific inspections,
these additional inspection requirements may not be waived.
Any deficiencies in the implementation of the SWPPP that are
found shall be corrected as soon as practicable, but not later than within 30
60 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 and shall include at a minimum:
a. The inspection date and time;
b. The name(s) and signature(s) names of the inspector(s)
inspectors;
c. Weather information and a description of any discharges
occurring at the time of the inspection;
d. Any previously unidentified discharges of pollutants from
the site;
e. Any control measures needing maintenance or repairs;
f. Any failed control measures that need replacement;
g. Any incidents of noncompliance observed; and
h. Any additional control measures needed to comply with the
permit requirements.
C. Maintenance. The SWPPP shall include a description of
procedures and a regular schedule for preventive maintenance of all control
measures, and shall include a description of the back-up practices that are in
place should a runoff event occur while a control measure is off-line. The
effectiveness of nonstructural control measures shall also be maintained by
appropriate means (e.g., spill response supplies available and personnel
trained, etc.).
All control measures identified in the SWPPP shall be
maintained in effective operating condition and shall be observed at least
annually during active operation (i.e., during a stormwater runoff event)
when a stormwater discharge is occurring 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.
If site routine facility inspections required
by Part III B 5 (Routine facility inspections) or Part III E (Comprehensive
site compliance evaluation) identify control measures 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 control measures,
including the date(s) dates of regular maintenance, date(s)
dates of discovery of areas in need of repair or replacement, date(s)
dates for repairs, date(s) dates that the control measure(s)
measures returned to full function, and the justification for any
extended maintenance or repair schedules.
D. Nonstormwater discharges.
1. Discharges of certain sources of nonstormwater listed in
Part I B 1 are allowable discharges under this permit (see Part I B,
Special Condition No. 1 - Allowable nonstormwater discharges). All other
nonstormwater discharges are not authorized and shall be either eliminated or
covered under a separate VPDES permit.
2. Annual outfall evaluation for unauthorized discharges.
a. The SWPPP shall include documentation that all stormwater
outfalls associated with industrial activity have been evaluated annually for
the presence of unauthorized discharges (i.e., discharges other than
stormwater; the authorized nonstormwater discharges described in Part I B,
Special Condition No. 1; or discharges covered under a separate VPDES permit,
other than this permit). The documentation shall include:
(1) The date of the evaluation;
(2) A description of the evaluation criteria used;
(3) A list of the outfalls or on-site drainage points that
were directly observed during the evaluation;
(4) A description of the results of the evaluation for the
presence of unauthorized discharges; and
(5) The actions taken to eliminate unauthorized discharges if
any were identified (i.e., a floor drain was sealed, a sink drain was
rerouted to sanitary, or a VPDES permit application was submitted for a cooling
water discharge).
b. The permittee may request in writing to the department that
the facility be allowed to conduct annual outfall evaluations at 20% of the
outfalls. If approved, the permittee shall evaluate at least 20% of the
facility outfalls each year on a rotating basis such that all facility outfalls
will be evaluated during the period of coverage under this permit.
E. Comprehensive site compliance evaluation. The permittee
shall conduct comprehensive site compliance evaluations at least once each
calendar year after coverage under the permit begins. The evaluations shall be
done by qualified personnel who possess the knowledge and skills to assess
conditions and activities that could impact stormwater quality at the facility,
and who can also evaluate the effectiveness of control measures. The personnel
conducting the evaluations may be either facility employees or outside
personnel hired by the facility.
1. Scope of the compliance evaluation. Evaluations shall
include all areas where industrial materials or activities are exposed to
stormwater, as identified in Part III B 3. The personnel shall evaluate:
a. Industrial materials, residue or trash that may have or
could come into contact with stormwater;
b. Leaks or spills from industrial equipment, drums,
barrels, tanks or 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 stormwater related training performed,
inspections completed, maintenance performed, quarterly visual examinations,
and effective operation of control measures, including BMPs;
h. A summary of the annual outfall evaluation for
unauthorized discharges required by subdivision D 2 of this section.
i. Results of both visual and any analytical monitoring
done during the past year shall be taken into consideration during the
evaluation.
2. Based on the results of the evaluation, the SWPPP shall
be modified as necessary (e.g., show additional controls on the map required by
Part III B 2 c; revise the description of controls required by Part III B 4 to
include additional or modified control measures designed to correct problems
identified). Revisions to the SWPPP shall be completed within 30 days following
the evaluation, unless permission for a later date is granted in writing by the
director. If existing control measures need to be modified or if additional
control measures are necessary, implementation shall be completed before the
next anticipated storm event, if practicable, but not more than 60 days after
completion of the comprehensive site evaluation, unless permission for a later
date is granted in writing by the department.
3. Compliance evaluation report. A report shall be written
summarizing the scope of the evaluation, name(s) of personnel making the
evaluation, the date of the evaluation, and all observations relating to the
implementation of the SWPPP, including elements stipulated in Part III E 1 (a)
through (i) above. Observations shall include such things as: the location(s)
of discharges of pollutants from the site; location(s) of previously
unidentified sources of pollutants; location(s) of control measures that need
to be maintained or repaired; location(s) of failed control measures that
need replacement; and location(s) where additional control measures are needed.
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 II K and
maintained with the SWPPP.
4. Where compliance evaluation schedules overlap with
routine inspections required under Part III B 5 the annual compliance
evaluation may be used as one of the routine inspections.
F. E. Signature and plan SWPPP
review.
1. Signature and location. The SWPPP, including revisions to
the SWPPP to document any corrective actions taken as required by Part I A 6,
shall be signed in accordance with Part II K, dated, and retained on-site at
the facility covered by this permit in accordance with Part II B 2. All other
changes to the SWPPP, and other permit compliance documentation, shall be signed
and dated by the person preparing the change or documentation. For inactive and
unstaffed facilities, the plan may be kept at the nearest office of the
permittee.
2. Availability. The permittee shall retain a copy of the
current SWPPP required by this permit at the facility, and it shall be
immediately available to the department, EPA, or the operator of an MS4
receiving discharges from the site at the time of an on-site inspection or upon
request.
3. Required modifications. The permittee shall modify the
SWPPP whenever necessary to address all corrective actions required by Part I A
6 a (Data exceeding benchmark concentration values) or Part I A 6 b (Corrective
actions). Changes to the SWPPP shall be made in accordance with the corrective
action deadlines in Part I A 6 a and Part I A 6 b, and shall be signed and
dated in accordance with Part III F 1 E 1.
The director may notify the permittee at any time that the
SWPPP, control measures, or other components of the facility's stormwater
program do not meet one or more of the requirements of this permit. The
notification shall identify specific provisions of the permit that are not
being met, and may include required modifications to the stormwater program,
additional monitoring requirements, and special reporting requirements. The
permittee shall make 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:
a. There is construction or a change in design, 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 control measures, including BMPs;
c. Inspections by local, state, or federal officials determine
that modifications to the SWPPP are necessary;
d. There is a significant spill, leak, or other
release at the facility;
e. There is an unauthorized discharge from the facility; or
f. The department notifies the permittee that a TMDL has been
developed and applies to the permitted facility, consistent with Part I B,
special condition 7 (Discharges to waters subject to TMDL wasteload
allocations).
2. SWPPP modifications shall be made within 30 60 calendar
days after discovery, observation or event requiring a SWPPP modification.
Implementation of new or modified control measures (distinct from regular
preventive maintenance of existing control measures described in Part III 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 control measure or implement additional control
measures shall be documented in the SWPPP.
3. If the SWPPP modification is based on a significant
spill, leak, release, or unauthorized discharge, include a
description and date of the release incident, the circumstances
leading to the release incident, actions taken in response to the
release incident, and measures to prevent the recurrence of such
releases. Unauthorized releases and discharges are subject to the
reporting requirements of Part II G of this permit.
Part IV
Sector Specific Permit Requirements
The permittee must only comply with the additional
requirements of Part IV (9VAC25-151-90 et seq.) that apply to the sector(s)
sectors of industrial activity located at the facility. These sector
specific requirements are in addition to the "basic"
requirements specified in Parts I, II and III of this permit. All numeric
effluent limitations and benchmark monitoring concentration values reflect two
significant digits, unless otherwise noted.
9VAC25-151-90. Sector A - Timber products facilities (including
mulch, wood, and bark facilities and mulch dyeing facilities).
A. Discharges covered under this section. 1. The
requirements listed under this section apply to stormwater discharges
associated with industrial activity from facilities generally classified under
[ Standard Industrial Classification (SIC) ] Major Group 24
[ SIC ] Codes 2491 and 2499 that are engaged in
the following activities: [ cutting timber and pulpwood (those that have
log storage or handling areas), mills, including merchant, lath, shingle,
cooperage stock, planing, plywood and veneer, and producing lumber and wood
materials; ] wood preserving [ , manufacturing wood buildings or
mobile homes; and manufacturing finished articles made entirely of wood or
related materials, except for wood kitchen cabinet manufacturers (SIC Code
2434), ] which are addressed under Sector W (9VAC25-151-300). and
mulch, wood, and bark facilities, including mulch dyeing operations (SIC Code
24991303).
2. The requirements listed under this section also apply to
stormwater discharges associated with industrial activity from mulch, wood, and
bark facilities, including mulch dyeing operations (SIC Code 24991303).
B. Special conditions.
1. Prohibition of nonstormwater discharges. Discharges of
stormwater from areas where there may be contact with chemical formulations
[ sprayed applied ] to provide surface protection are
not authorized by this permit. [ Surface protection includes chemical
application to control sap stain, mold, mildew, and insects. ] These discharges
must be covered under a separate VPDES permit. Discharge of wet dye drippings
from mulch dyeing operations are also prohibited.
2. Authorized nonstormwater discharges. In addition to the
discharges described in Part I B 1, the following nonstormwater discharges may
be authorized by this permit provided the nonstormwater component of the
discharge is in compliance with 9VAC25-151-90 C and the effluent limitations
described in 9VAC25-151-90 D: discharges from the spray down of lumber and wood
product storage yards where no chemical additives are used in the spray down
waters and no chemicals are applied to the wood during storage.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: processing areas;
treatment chemical storage areas; treated wood and residue storage areas; wet
decking areas; dry decking areas; untreated wood and residue storage areas; and
treatment equipment storage areas.
b. Summary of potential pollutant sources. Where
information is available, facilities that have used chlorophenolic, creosote,
or chromium-copper-arsenic formulations for wood surface protection or wood
preserving activities on-site in the past shall identify in the inventory the
following: areas where contaminated soils, treatment equipment, and stored
materials still remain, and the management practices employed to minimize the
contact of these materials with stormwater runoff.
2. C. Stormwater controls. The description of
stormwater management controls shall address the following areas of the site:
log, lumber and wood product storage areas; residue storage areas; loading and
unloading areas; material handling areas; chemical storage areas; and equipment
and vehicle maintenance, storage and repair areas. Facilities that surface
protect or preserve wood products shall address specific control measures,
including any BMPs, for wood surface protection and preserving activities.
Facilities that dye mulch shall address specific control measures to prevent
the discharge of wet dye drippings and to prevent seepage of pollutants to
groundwater.
The SWPPP shall address the
following minimum components:
a. 1. Good housekeeping. Good housekeeping
measures in storage areas, loading and unloading areas, and material handling
areas shall be designed to:
(1) a. Limit the discharge of wood debris;
(2) b. Minimize the leachate generated from
decaying wood materials; and
(3) c. Minimize the generation of dust.
b. 2. Routine facility inspections. Inspections
at processing areas, transport areas, and treated wood storage areas of
facilities performing wood surface protection and preservation activities shall
be performed monthly to assess the usefulness of practices in minimizing the
deposit of treatment chemicals on unprotected soils and in areas that will come
in contact with stormwater discharges. The requirement for routine facility
inspections is waived for facilities that have maintained an active VEEP E3/E4
status.
D. Numeric effluent limitations.
[ In addition to the numeric effluent limitations
described in Part I A 1 c, the The ] following [ numeric
effluent ] limitations shall be met by existing and new facilities.
Wet deck storage area runoff. Nonstormwater discharges from
areas used for the storage of logs where water, without chemical additives, is
intentionally sprayed or deposited on logs to deter decay or infestation by
insects are required to meet the following effluent limitations: pH shall be
within the range of 6.0-9.0, and there will be no discharge of debris.
Chemicals are not allowed to be applied to the stored logs. The term
"debris" is defined as woody material such as bark, twigs, branches,
heartwood or sapwood that will not pass through a 2.54 cm (1 in.) diameter
round opening and is present in the discharge from a wet deck storage area. Permittees
subject to these numeric limitations shall be in compliance with these
limitations through the duration of permit coverage.
|
Table 90-1
Sector A - Numeric Effluent Limitations
|
|
Parameter
|
Effluent Limitations
|
|
Wet Decking Discharges at Log
Storage and Handling Areas (SIC Code 2411)
|
|
pH
|
6.0 - 9.0 s.u.
|
|
Debris (woody material such as
bark, twigs, branches, heartwood, or sapwood)
|
No discharge of debris that
will not pass through a 2.54 cm (1") diameter round opening.
|
E. Benchmark monitoring and reporting requirements. Timber
product Wood preserving facilities; mulch, wood, and bark
facilities; and mulch dyeing facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in the appropriate
section of Table 90-2.
|
Table 90-2
Sector A - Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
[ General Sawmills and
Planing Mills (SIC Code 2421) ]
|
|
[ Total Suspended Solids
(TSS) ]
|
[ 100 mg/L ]
|
|
Wood Preserving Facilities
(SIC Code 2491)
|
|
Total Recoverable Arsenic1
|
50 µg/L
|
|
Total Recoverable Chromium1
|
16 µg/L
|
|
Total Recoverable Copper1
|
18 µg/L
|
|
[ Log Storage and Handling Facilities (SIC Code
2411) ]
|
|
[ Total Suspended Solids (TSS) ]
|
[ 100 mg/L ]
|
|
[ Hardwood Dimension and Flooring Mills; Special
Products Sawmills, not elsewhere classified; Millwork, Veneer, Plywood and
Structural Wood; Wood Containers; Wood Buildings and Mobile Homes;
Reconstituted Wood Products; and Wood Products Facilities not elsewhere
classified (SIC Codes 2426, 2429, 2431-2439 (except 2434), 2441, 2448, 2449,
2451, 2452, 2493, and 2499). ]
|
|
[ Total Suspended Solids (TSS) ]
|
[ 100 mg/L ]
|
|
Mulch, Wood, and Bark Facilities (SIC Code 24991303)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Biochemical Oxygen Demand (BOD5) Chemical
Oxygen Demand (COD)
|
30 120 mg/L
|
|
Facilities with Mulch Dyeing/Coloring Operations (SIC Code
24991303): Monitor ONLY those outfalls from the facility that collect runoff
from areas where mulch dyeing/coloring activities occur, including but not
limited to areas where loading, transporting, and storage of dyed/colored
mulch occurs.2
|
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
|
Biochemical Oxygen Demand (BOD5)
|
30 mg/L
|
|
|
Chemical Oxygen Demand (COD)
|
120 mg/L
|
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
|
Total Recoverable Arsenic
|
[ 150 50 ] µg/L
|
|
|
Total Recoverable Cadmium
|
2.1 µg/L
|
|
|
Total Recoverable Chromium
|
16 µg/L
|
|
|
Total Recoverable Copper
|
18 µg/L
|
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
|
Total Recoverable Lead
|
120 µg/L
|
|
|
Total Recoverable Manganese
|
64 µg/L
|
|
|
Total Recoverable Mercury
|
1.4 µg/L
|
|
|
Total Recoverable Nickel
|
470 µg/L
|
|
|
Total Recoverable Selenium
|
5.0 µg/L
|
|
|
Total Recoverable Silver
|
3.8 µg/L
|
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
|
Total Nitrogen
|
2.2 mg/L
|
|
|
Total Phosphorus
|
2.0 mg/L
|
|
1Monitoring for metals (arsenic, chromium and
copper) is not required for wood preserving facilities using only oil-based
preservatives.
|
|
2Benchmark monitoring waivers are available to
facilities utilizing mulch dye or colorant products that do not contain the
specified parameters provided that: (i) monitoring from samples collected
during one monitoring period demonstrates that the specific parameter in
question is below the quantitation level; (ii) a waiver request with
attached laboratory certificate of analysis is submitted to and approved
by the board (The laboratory certificate of analysis must be submitted
with the request. If approved, documentation of this shall be kept with the
SWPPP.); and (iii) a certification statement is submitted to the
department annually that the facility does not use mulch dyeing products that
contain any of the specifically waived parameters. Approved benchmark
monitoring waivers shall be kept with the SWPPP.
|
9VAC25-151-100. Sector B - Paper and allied products
manufacturing.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water stormwater
discharges associated with industrial activity from facilities generally
classified under as paperboard mills, SIC Major Group 26 that
are engaged in the following activities: the manufacture of pulps from wood and
other cellulose fibers and from rags; the manufacture of paper and paperboard
into converted products, such as paper coated off the paper machine, paper
bags, paper boxes and envelopes; and the manufacture of bags of plastic film
and sheet Code 2631.
B. Benchmark monitoring and reporting requirements.
Paperboard mills are required to monitor their storm water stormwater
discharges for the pollutants pollutant of concern listed in
Table 100.
|
Table 100 [ . ]
Sector B – Benchmark Monitoring Requirements.
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Paperboard Mills (SIC Code 2631)
|
|
Biochemical Oxygen Demand (BOD5)
|
30 mg/L
|
9VAC25-151-110. Sector C - Chemical and allied products
manufacturing.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities engaged in manufacturing the following
products and generally described by the SIC code shown:
1. Basic industrial Industrial inorganic
chemicals (including SIC Code 281) Codes 2812-2819);
2. Plastic materials and synthetic resins, synthetic rubbers,
and cellulosic and other humanmade synthetic fibers, except glass
(including SIC Code 282) Codes 2821-2824);
3. Medicinal chemicals and pharmaceutical products,
including the grading, grinding and milling of botanicals (including SIC Code
283);
4. 3. Soap and other detergents, including
facilities producing glycerin from vegetable and animal fats and oils;
specialty cleaning, polishing, and sanitation preparations; surface active
preparations used as emulsifiers, wetting agents, and finishing agents,
including sulfonated oils; and perfumes, cosmetics, and other toilet
preparations (including SIC Code 284) Codes 2841-2844); and
5. Paints (in paste and ready-mixed form); varnishes;
lacquers; enamels and shellac; putties, wood fillers, and sealers; paint and
varnish removers; paint brush cleaners; and allied paint products (including
SIC Code 285);
6. Industrial organic chemicals (including SIC Code 286);
7. 4. Nitrogenous and phosphatic basic
fertilizers, mixed fertilizer, pesticides, and other agricultural chemicals (including
SIC Code 287) (SIC Codes 2873-2879). Note: SIC Code 287 includes
Composting Facilities (SIC Code 2875) are included.
8. Industrial and household adhesives, glues, caulking
compounds, sealants, and linoleum, tile, and rubber cements from vegetable,
animal, or synthetic plastics materials; explosives; printing ink, including
gravure ink, screen process and lithographic inks; miscellaneous chemical
preparations, such as fatty acids, essential oils, gelatin (except vegetable),
sizes, bluing, laundry sours, and writing and stamp pad ink; industrial
compounds, such as boiler and heat insulating compounds; and chemical supplies
for foundries (including SIC Code 289); and
9. Ink and paints, including china painting enamels, India
ink, drawing ink, platinum paints for burnt wood or leather work, paints for
china painting, artists' paints and artists' water colors (SIC Code 3952,
limited to those listed; for others in SIC Code 3952 not listed above, see
Sector Y (9VAC25-151-320)).
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general prohibition of nonstormwater discharges
in Part I B 1, the following discharges are not covered by this permit: inks,
paints, or substances (hazardous, nonhazardous, etc.) resulting from an on-site
spill, including materials collected in drip pans; washwaters from material
handling and processing areas; or washwaters from drum, tank, or container
rinsing and cleaning.
C. B. Numeric effluent limitations. [ In
addition to the numeric effluent limitations described in Part I A 1 c, the
The ] following [ numeric ] effluent limitations
shall be met by existing and new discharges with phosphate fertilizer
manufacturing runoff. The provisions of this paragraph are applicable to
stormwater discharges from the phosphate subcategory of the fertilizer
manufacturing point source category (40 CFR 418.10). The term contaminated
stormwater runoff shall mean precipitation runoff, that during manufacturing or
processing, comes into contact with any raw materials, intermediate product,
finished product, by-products or waste product. The concentration of pollutants
in stormwater discharges shall not exceed the effluent limitations in Table
110-1.
|
Table 110-1
Sector C – Numeric Effluent Limitations
|
|
Parameter
|
Effluent Limitations
|
|
Daily Maximum
|
30-day Average
|
|
Phosphate Subcategory of the Fertilizer Manufacturing Point
Source Category (40 CFR 418.10) - applies to precipitation runoff that,
during manufacturing or processing, comes into contact with any raw
materials, intermediate product, finished product, by-products or waste
product (SIC Code 2874)
|
|
Total Phosphorus (as P)
|
105 mg/L
|
35 mg/L
|
|
Fluoride
|
75 mg/L
|
25 mg/L
|
D. C. Benchmark monitoring and reporting
requirements. Agricultural chemical manufacturing facilities; industrial
inorganic chemical facilities; soaps, detergents, cosmetics, and perfume
manufacturing facilities; and plastics, synthetics, and resin manufacturing
facilities are required to monitor their stormwater discharges for the
pollutants of concern listed in Table 110-2 below.
|
Table 110-2
Sector C – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Agricultural Chemicals (SIC Codes 2873-2879)
|
|
Total Nitrogen
|
2.2 mg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Total Phosphorus
|
2.0 mg/L
|
|
Industrial Inorganic Chemicals (SIC Codes 2812-2819)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Nitrogen
|
2.2 mg/L
|
|
Soaps, Detergents, Cosmetics, and Perfumes (SIC Codes
2841-2844)
|
|
Total Nitrogen
|
2.2 mg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Plastics, Synthetics, and Resins (SIC Codes
2821-2824)
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Composting Facilities (SIC Code 2875)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Biochemical Oxygen Demand (BOD5)
|
30 mg/L
|
|
Chemical Oxygen Demand (COD)
|
120 mg/L
|
|
Ammonia
|
2.14 mg/L
|
|
Total Nitrogen
|
2.2 mg/L
|
|
Total Phosphorus
|
2.0 mg/L
|
9VAC25-151-130. Sector E - Glass, clay Clay,
cement, concrete, and gypsum products.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities generally classified under SIC Major
Group 32 Codes 3251-3259, 3261-3269, 3274, and 3275 that
are engaged in either manufacturing the following products or performing the
following activities: flat, pressed, or blown glass or glass containers;
hydraulic cement; structural clay products including tile and brick;
pottery and porcelain electrical supplies; and concrete, plaster, and
gypsum products; nonclay refractories; minerals and earths, ground or
otherwise treated; lime manufacturing; cut stone and stone products; asbestos
products; and mineral wool and mineral wool insulation products.
Concrete block and brick facilities (SIC Code 3271), concrete
products facilities, except block and brick (SIC Code 3272), and ready-mixed
concrete facilities (SIC Code 3273) are not covered by this permit.
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include, at a minimum,
the following items:
1. Site description and site map. The site map shall
identify the locations of the following, if applicable: bag house or other dust
control device; recycle or sedimentation pond, clarifier or other device used
for the treatment of process wastewater and the areas that drain to the
treatment device.
2. Stormwater controls. Good housekeeping.
a. B. Stormwater controls. In addition to the
requirements of Part III, the SWPPP shall include, at a minimum, the following
items:
1. Facilities shall prevent or minimize the discharge
of: spilled cement; aggregate (including sand or gravel); kiln dust; fly ash;
settled dust; and other significant materials in stormwater from paved portions
of the site that are exposed to stormwater. Measures used to minimize the
presence of these materials may include regular sweeping, or other equivalent
measures. The plan SWPPP shall indicate the frequency of sweeping
or equivalent measures. The frequency shall be determined based upon
consideration of the amount of industrial activity occurring in the area and
frequency of precipitation, but shall not be less than once per week if cement,
aggregate, kiln dust [ ;, ] fly ash, or settled dust
are being handled or processed.
b. 2. Facilities shall prevent the exposure of
fine granular solids (such as cement, fly ash, kiln dust, etc.) to stormwater.
Where practicable, these materials shall be stored in enclosed silos or
hoppers, buildings, or under other covering.
C. Numeric effluent limitations. [ In addition to the
numeric effluent limitations described by Part I A 1 c, the The ]
following [ numeric effluent ] limitations shall be met by existing
and new facilities: with cement manufacturing facility,
and material storage runoff. Any discharge composed of runoff that
derives from the storage of materials, including raw materials,
intermediate products, finished products, and waste materials that are used
in or derived from the manufacture of cement, shall not exceed the
limitations in Table 130-1. Runoff from the storage piles shall not be diluted
with other stormwater runoff or flows to meet these limitations. Any untreated
overflow from facilities designed, constructed and operated to treat the volume
of material storage pile runoff that is associated with a 10-year, 24-hour
rainfall event shall not be subject to the TSS or pH limitations. Facilities
subject to these numeric effluent limitations shall be in compliance with these
limits upon commencement of coverage and for the entire term of this permit.
|
Table 130-1
Sector E – Numeric Effluent Limitations
|
|
Parameter
|
Effluent Limitations
|
|
Daily Maximum
|
30-day Average
|
|
Cement Manufacturing Facility, Material Storage Runoff: Any
discharge composed of runoff that derives from the storage of materials including
raw materials, intermediate products, finished products, and waste materials
that are used in or derived from the manufacture of cement.
|
|
Total Suspended Solids (TSS)
|
50 mg/L
|
|
|
pH
|
6.0 - 9.0 s.u.
|
D. Benchmark monitoring and reporting requirements. Clay
product manufacturers (SIC Codes 3251-3259, SIC Codes 3261-3269)
and lime and gypsum product manufacturers (SIC Codes 3274, 3275) are
required to monitor their stormwater discharges for the pollutants of concern
listed in Table 130-2.
|
Table 130-2
Sector E – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Clay Product Manufacturers (SIC Codes 3251-3259,
3261-3269)
|
|
Total Recoverable Aluminum
|
750 ug/L
|
|
Lime and Gypsum Product Manufacturers (SIC Codes
3274, 3275)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
pH
|
6.0 - 9.0 s.u.
|
|
Total Recoverable Iron
|
1.0 mg/L
|
9VAC25-151-140. Sector F - Primary metals.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from the following types of facilities in the primary metal
industry, and generally described by the SIC code codes shown:
1. Steel works, blast furnaces, and rolling and finishing
mills, including: steel wire drawing and steel nails and spikes; cold-rolled
steel sheet, strip, and bars; and steel pipes and tubes (SIC Code 331) Codes
3312-3317).
2. Iron and steel foundries, including: gray and ductile iron,
malleable iron, steel investment, and steel foundries not elsewhere classified
(SIC Code 332) Codes 3321-3325).
3. Primary smelting and refining of nonferrous metals,
including: primary smelting and refining of copper, and primary production of
aluminum (SIC Code 333).
4. Secondary smelting and refining of nonferrous metals
(SIC Code 334).
5. 3. Rolling, drawing, and extruding of
nonferrous metals, including: rolling, drawing, and extruding of copper; rolling,
drawing and extruding of nonferrous metals except copper and aluminum; and
drawing and insulating of nonferrous wire (SIC Code 335) Codes
3351-3357).
6. 4. Nonferrous foundries (castings), including:
aluminum die-castings, nonferrous die-castings, except aluminum, aluminum
foundries, copper foundries, and nonferrous foundries, except copper and
aluminum (SIC Code 336) Codes 3363-3369).
7. Miscellaneous primary metal products, not elsewhere
classified, including: metal heat treating, and primary metal products, not
elsewhere classified (SIC Code 339).
Activities covered include, but are not limited to,
stormwater discharges associated with coking operations, sintering plants,
blast furnaces, smelting operations, rolling mills, casting operations, heat
treating, extruding, drawing, or forging of all types of ferrous and nonferrous
metals, scrap, and ore.
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include, at a minimum,
the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following activities may be exposed to precipitation or surface runoff: storage
or disposal of wastes such as spent solvents and baths, sand, slag and dross;
liquid storage tanks and drums; processing areas including pollution control
equipment (e.g., baghouses); and storage areas of raw materials such as coal,
coke, scrap, sand, fluxes, refractories, or metal in any form. In addition,
indicate sources where an accumulation of significant amounts of particulate
matter could occur from such sources as furnace or oven emissions, losses from
coal and coke handling operations, etc., and that could result in a discharge
of pollutants to surface waters.
b. Summary of potential pollutant sources. The inventory of
materials handled at the site that potentially may be exposed to precipitation
or runoff shall include areas where deposition of particulate matter from
process air emissions or losses during material handling activities are
possible.
2. Stormwater controls.
a. Good housekeeping. The permittee shall implement
the following measures, or equivalent measures, where applicable.
(1) Establishment of a cleaning and maintenance program for
all impervious areas of the facility where particulate matter, dust, or debris
may accumulate, especially areas where material loading and unloading, storage,
handling, and processing occur.
(2) The paving of areas, where practicable, where vehicle
traffic or material storage occur, but where vegetative or other stabilization
methods are not practicable. Sweeping programs shall be instituted in these
areas as well.
(3) For unstabilized areas of the facility where sweeping
is not practical, the permittee shall consider using stormwater management
devices such as sediment traps, vegetative buffer strips, filter fabric fence,
sediment filtering boom, gravel outlet protection, or other equivalent
measures, that effectively trap or remove sediment.
b. Routine facility inspections. Inspections shall be
conducted quarterly. The requirement for routine facility inspections is waived
for facilities that have maintained an active VEEP E3/E4 status. Inspections
shall address all potential sources of pollutants, including (if applicable):
(1) Air pollution control equipment (e.g., baghouses,
electrostatic precipitators, scrubbers, and cyclones) shall be inspected for
any signs of degradation (e.g., leaks, corrosion, or improper operation) that
could limit their efficiency and lead to excessive emissions. The permittee
shall consider monitoring air flow at inlets and outlets, or equivalent
measures, to check for leaks (e.g., particulate deposition) or blockage in
ducts;
(2) All process or material handling equipment (e.g.,
conveyors, cranes, and vehicles) shall be inspected for leaks, drips, or the
potential loss of materials; and
(3) Material storage areas (e.g., piles, bins or hoppers
for storing coke, coal, scrap, or slag, as well as chemicals stored in tanks
and drums) shall be examined for signs of material losses due to wind or
stormwater runoff.
C. B. Benchmark monitoring and reporting
requirements. Primary metals facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in Table 140 below.
|
Table 140
Sector F – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Steel Works, Blast Furnaces, and Rolling and Finishing Mills
(SIC Codes 3312-3317)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Iron and Steel Foundries (SIC Codes 3321-3325)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Rolling, Drawing, and Extruding of Nonferrous Metals (SIC Codes
3351-3357)
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Nonferrous Foundries (SIC Codes 3363-3369)
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
9VAC25-151-150. Sector G - Metal mining (ore mining and
dressing).
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from active, temporarily inactive and inactive metal mining
and ore dressing facilities including mines abandoned on federal lands, as
classified under SIC Major Group 10. Coverage is required for facilities that
discharge stormwater that has come into contact with, or is contaminated by,
any overburden, raw material, intermediate product, finished product,
byproduct, or waste product located on the site of the operation. SIC Major
Group 10 includes establishments primarily engaged in mining of ores,
developing mines, or exploring for metallic minerals (ores) and also includes
ore dressing and beneficiating operations, whether performed at colocated,
dedicated mills or at separate mills, such as custom mills. For the purposes of
this section, the term "metal mining" includes any of the separate
activities listed above in this subsection. Covered discharges
include:
1. All stormwater discharges from inactive facilities;
2. Stormwater discharges from the following areas of active
and temporarily inactive metal mining facilities: waste rock and overburden
piles if composed entirely of stormwater and not combining with mine drainage;
topsoil piles; off-site haul and access roads; on-site haul and access roads
constructed of waste rock and overburden if composed entirely of stormwater and
not combining with mine drainage; on-site haul and access roads not constructed
of waste rock, overburden, or spent ore except if mine drainage is used for
dust control; runoff from tailings dams and dikes when not constructed of waste
rock or tailings and no process fluids are present; runoff from tailings dams
or dikes when constructed of waste rock or tailings and no process fluids are
present if composed entirely of stormwater and not combining with mine
drainage; concentration building if no contact with material piles; mill site
if no contact with material piles; office or administrative building and
housing if mixed with stormwater from industrial area; chemical storage area;
docking facility if no excessive contact with waste product that would otherwise
constitute mine drainage; explosive storage; fuel storage; vehicle and
equipment maintenance area and building; parking areas (if necessary); power
plant; truck wash areas if no excessive contact with waste product that would
otherwise constitute mine drainage; unreclaimed, disturbed areas outside of
active mining area; reclaimed areas released from reclamation bonds prior to
December 17, 1990; and partially or inadequately reclaimed areas or areas not
released from reclamation bonds;
3. Stormwater discharges from exploration and development of
metal mining and ore dressing facilities; and
4. Stormwater discharges from facilities at mining sites
undergoing reclamation.
B. Limitations on coverage. Stormwater discharges from active
metal mining facilities that are subject to the effluent limitation guidelines
for the Ore Mining and Dressing Point Source Category (40 CFR Part 440) are not
authorized by this permit.
Note: Discharges that come in contact with overburden
and waste rock are subject to 40 CFR Part 440, providing: the discharges drain
to a point source (either naturally or as a result of intentional diversion),
and they combine with mine drainage that is otherwise regulated under 40 CFR
Part 440. Discharges from overburden and waste rock can be covered under this
permit if they are composed entirely of stormwater and do not combine with
sources of mine drainage that are subject to 40 CFR Part 440.
C. Special Conditions. Prohibition of nonstormwater
discharges. In addition to the general prohibition of nonstormwater discharges
in Part I B 1, the following discharge is not covered by this permit: adit
drainage. Contaminated seeps and springs discharging from waste rock dumps that
do not directly result from precipitation events are also not authorized by
this permit.
D. Special definitions. The following definitions are not
intended to supersede the definitions of active and inactive mining facilities
established by 40 CFR 122.26(b)(14)(iii), and are only for this section of the
general permit:
"Active metal mining facility" means a place where
work or other related activity to the extraction, removal, or recovery of metal
ore is being conducted. For surface mines, this definition does not include any
land where grading has returned the earth to a desired contour and reclamation
has begun.
"Active phase" means activities including the
extraction, removal, or recovery of metal ore. For surface mines, this
definition does not include any land where grading has returned the earth to a
desired contour and reclamation has begun.
"Construction phase" means the building of site
access roads and removal of overburden and waste rock to expose mineable
minerals. The construction phase is not considered part of "mining
operations."
"Exploration phase" entails means
exploration and land disturbance activities to determine the financial
viability of a site. The exploration phase is not considered part of
"mining operations."
"Final stabilization" - means a site
or portion of a site is "finally stabilized" when where
all applicable federal and state reclamation requirements have been
implemented.
"Inactive metal mining facility" means a site or
portion of a site where metal mining or milling occurred in the past but is not
an active facility as defined in this permit, and where the inactive portion is
not covered by an active mining permit issued by the applicable federal or
state agency. An inactive metal mining facility has an identifiable owner or
operator. Sites where mining claims are being maintained prior to disturbances
associated with the extraction, beneficiation, or processing of mined materials
and sites where minimal activities are undertaken for the sole purpose of
maintaining a mining claim are not considered either active or inactive mining
facilities and do not require a VPDES industrial stormwater permit.
"Mining operation" consists of means
the active and temporarily inactive phases and the reclamation phase, but
excludes the exploration and construction phases.
"Reclamation phase" means activities undertaken, in
compliance with applicable mined land reclamation requirements, following the
cessation of the "active phase," intended to return the land to an
appropriate post-mining land use in order to meet applicable federal and state
reclamation requirements. The reclamation phase is considered part of
"mining operations."
"Temporarily inactive metal mining facility" means
a site or portion of a site where metal mining or milling occurred in the past
but currently are not being actively undertaken, and the facility is covered by
an active mining permit issued by the applicable federal or state agency.
E. Clearing, grading, and excavation activities. Clearing,
grading, and excavation activities being conducted as part of the exploration
and construction phase of mining activities are covered under this permit.
1. Management practices for clearing, grading, and excavation
activities.
a. Selecting and installing control measures. A combination of
erosion and sedimentation control measures are required to achieve maximum
pollutant prevention and removal. All control measures shall be properly
selected, installed, and maintained in accordance with any relevant
manufacturer specifications and good engineering practices.
b. Good housekeeping. Litter, debris, and chemicals shall be
prevented from becoming a pollutant source in stormwater discharges.
c. Retention and detention of stormwater runoff. For drainage
locations serving more than one acre, sediment basins or temporary sediment
traps should be used. At a minimum, silt fences, vegetative buffer strips, or
equivalent sediment controls are required for all down slope boundaries (and
for those side slope boundaries deemed appropriate as dictated by individual
site conditions) of the development area unless a sediment basin providing
storage for a calculated volume of runoff from a two-year, 24-hour storm or
3,600 cubic feet of storage per acre drained is provided. Sediment shall be
removed from sediment traps or sedimentation ponds when the design capacity has
been reduced by 50%.
d. Temporary stabilization of disturbed areas. Stabilization
measures shall be initiated immediately in portions of the site where
development activities have temporarily ceased, but in no case more than 14
days after the clearing, grading, and excavation activities in that portion of
the site have temporarily ceased. In arid, semi-arid, and drought-stricken
areas, or in areas subject to snow or freezing conditions, where initiating
perennial vegetative stabilization measures is not possible within 14 days
after mining, exploration, or construction activity has temporarily ceased,
final temporary vegetative stabilization measures shall be initiated as soon as
practicable. Until temporary vegetative stabilization is achieved, interim measures
such as erosion control blankets with an appropriate seed base and tackifiers
shall be employed. In areas of the site where exploration or construction has
permanently ceased prior to active mining, temporary stabilization measures
shall be implemented to minimize mobilization of sediment or other pollutants
until such time as the active mining phase commences.
2. Requirements for inspection of clearing, grading, and
excavation activities.
a. Inspection frequency. Inspections shall be conducted at least
once every seven calendar days or at least once every 14 calendar days and
within 24 hours of the end of a storm event of 0.5 inches or greater.
Inspection frequency may be reduced to at least once every month if the entire
site is temporarily stabilized, if runoff is unlikely due to winter (e.g., site
is covered with snow or ice) or frozen conditions, or construction is occurring
during seasonal dry periods in arid areas and semi-arid areas.
b. Location of inspections. Inspections shall include all areas
of the site disturbed by clearing, grading, and excavation activities and areas
used for storage of materials that are exposed to precipitation. Sedimentation
and erosion control measures identified in the SWPPP shall be observed to
ensure proper operation. Discharge locations shall be inspected to ascertain
whether erosion control measures are effective in preventing significant
impacts to surface waters, where accessible. Where discharge locations are
inaccessible, nearby downstream locations shall be inspected to the extent that
such inspections are practicable. Locations where vehicles enter or exit the
site shall be inspected for evidence of off-site sediment tracking.
c. Inspection reports. For each inspection required above
in this subsection, an inspection report shall be completed. At a
minimum, the inspection report shall include:
(1) The inspection date;
(2) Names, titles, and qualifications of personnel making the
inspection;
(3) Weather information for the period since the last
inspection (or note if it is the first inspection) including a best estimate of
the beginning of each storm event, duration of each storm event, approximate
amount of rainfall for each storm event (in inches), and whether any discharges
occurred;
(4) Weather information and a description of any discharges
occurring at the time of the inspection;
(5) Location(s) Locations of discharges of
sediment or other pollutants from the site;
(6) Location(s) Locations of control measures
that need to be maintained;
(7) Location(s) Locations of control measures
that failed to operate as designed or proved inadequate for a particular
location;
(8) Location(s) Locations where additional
control measures are needed that did not exist at the time of inspection; and
(9) Corrective action(s) actions required,
including any changes to the SWPPP necessary and implementation dates.
A record of each inspection and of any actions taken in
accordance with this section shall be retained as part of the SWPPP for at
least three years from the date that permit coverage expires or is terminated.
The inspection reports shall identify any incidents of noncompliance with the
permit conditions. Where a report does not identify any incidents of
noncompliance, the report shall contain a certification that the clearing,
grading, and excavation activities are in compliance with the SWPPP and this
permit. The report shall be signed in accordance with Part II K of the
permit.
3. Requirements for cessation of clearing, grading, and
excavation activities.
a. Inspections and maintenance. Inspections and maintenance of
control measures, including BMPs, associated with clearing, grading, and
excavation activities being conducted as part of the exploration and
construction phase of a mining operation shall continue until final
stabilization has been achieved on all portions of the disturbed area, or until
the commencement of the active mining phase for those areas that have been
temporarily stabilized as a precursor to mining.
b. Final stabilization. Stabilization measures shall be
initiated immediately in portions of the site where exploration or construction
activities have permanently ceased, but in no case more than 14 days after the
exploration or construction activity in that portion of the site has
permanently ceased. In arid, semi-arid, and drought-stricken areas, or in areas
subject to snow or freezing conditions, where initiating perennial vegetative
stabilization measures is not possible within 14 days after exploration or
construction activity has permanently ceased, final vegetative stabilization
measures shall be initiated as soon as possible. Until final stabilization is
achieved temporary stabilization measures, such as erosion control blankets
with an appropriate seed base and tackifiers, shall be used.
F. Stormwater pollution prevention plan SWPPP
requirements for active, inactive, and temporarily inactive metal mining
facilities and sites undergoing reclamation. In addition to the requirements of
Part III, the plan SWPPP shall include, at a minimum, the following
items.
1. Site description.
a. Activities at the facility. A description of the mining and
associated activities taking place at the site that can potentially affect
stormwater discharges covered by this permit. The description shall include a
general description of the location of the site relative to major
transportation routes and communities.
b. Site map. The site map shall identify the locations of the
following, as appropriate: mining and milling site boundaries; access and haul
roads; an outline of the drainage areas of each stormwater outfall within the
facility, and an indication of the types of discharges from the drainage areas;
location(s) locations of all permitted discharges covered under
an individual VPDES permit; outdoor equipment storage, fueling and maintenance
areas; materials handling areas; outdoor manufacturing, storage or material
disposal areas; outdoor storage areas for chemicals and explosives; areas used
for storage of overburden, materials, soils or wastes; location of mine
drainage (where water leaves mine) or any other process water; tailings piles
and ponds, both proposed and existing; heap leach pads; points of discharge
from the property for mine drainage and process water; surface waters; boundary
of tributary areas that are subject to effluent limitations guidelines; and location(s)
locations of reclaimed areas.
2. Summary of potential pollutant sources. For each area of
the mine or mill site where stormwater discharges associated with industrial
activities occur, the plan SWPPP shall identify the types of
pollutants likely to be present in significant amounts (e.g., heavy metals,
sediment). The following factors shall be considered: the mineralogy of the ore
and waste rock (e.g., acid forming); toxicity and quantity of chemicals used,
produced or discharged; the likelihood of contact with stormwater; vegetation
of site, if any; and history of significant leaks and spills of toxic or
hazardous pollutants. A summary of any existing ore or waste rock and
overburden characterization data and test results for potential generation of
acid rock shall also be included. If the ore or waste rock and overburden
characterization data are updated due to a change in the ore type being mined,
the SWPPP shall be updated with the new data.
3. Stormwater controls.
a. Routine facility inspections. Except for areas subject to
clearing, grading, and excavation activities subject to subdivision E 2 of this
section, sites shall be inspected at least quarterly unless adverse weather
conditions make the site inaccessible. The requirement for routine facility
inspections is waived for facilities that have maintained an active VEEP E3/E4
status.
b. Employee training. Employee training shall be conducted at
least annually at active mining and temporarily inactive sites. All employee
training shall be documented in the SWPPP.
c. Structural control measures. In addition to the control
measures required by Part III B 4, each of the following control measures shall
be considered documented in the SWPPP. The potential pollutants
identified in subdivision 1 b 2 of this subsection shall
determine the priority and appropriateness of the control measures selected. If
control measures are implemented or planned but are not listed here (e.g.,
substituting a less toxic chemical for a more toxic one), descriptions of them
shall be included in the SWPPP.
(1) Stormwater diversion. A description of how and where
stormwater will be diverted away from potential pollutant sources to prevent
stormwater contamination. Control measure options may measures shall
include one or more of the following: interceptor dikes and swales;
diversion dikes, curbs and berms; pipe slope drains; subsurface drains;
drainage and stormwater conveyance systems (channels or gutters, open top box
culverts and waterbars; rolling dips and road sloping; roadway surface water
deflector and culverts) or equivalent measures.
(a) Interceptor dikes and swales;
(b) Diversion dikes, curbs, and berms;
(c) Pipe slope drains;
(d) Subsurface drains;
(e) Drainage and stormwater conveyance systems; or
(f) Equivalent measures.
(2) Capping. When capping of a contaminant source is
necessary, the source being capped and materials and procedures used to cap the
contaminant source shall be identified.
(3) Treatment. If treatment of a stormwater discharge is
necessary to protect water quality, include a description of the type and
location of stormwater treatment that will be used. Stormwater treatments
include the following: chemical or physical systems;, oil and water
separators;, artificial wetlands;, etc. The
permittee is encouraged to use both passive and active treatment of
stormwater runoff. Treated runoff may be discharged as a stormwater source
regulated under this permit provided the discharge is not combined with
discharges subject to effluent limitation guidelines for the Ore Mining and
Dressing Point Source Category (40 CFR Part 440).
(4) Certification of discharge testing. The permittee shall
test or evaluate all outfalls covered under this permit for the presence of
specific mining-related nonstormwater discharges such as seeps or adit
discharges or discharges subject to effluent limitations guidelines (e.g., 40
CFR Part 440), such as mine drainage or process water. Alternatively (if
applicable), the The permittee may certify in the SWPPP that a
particular discharge composed of commingled stormwater and nonstormwater is
covered under a separate VPDES permit; and that permit subjects the
nonstormwater portion to effluent limitations prior to any commingling. This
certification shall identify the nonstormwater discharges, the applicable VPDES
permit(s) permits, the effluent limitations placed on the
nonstormwater discharge by the permit(s) permits, and the points
at which the limitations are applied.
G. Termination of permit coverage.
1. Termination of permit coverage for sites reclaimed after
December 17, 1990. A site or a portion of a site that has been released from
applicable state or federal reclamation requirements after December 17, 1990,
is no longer required to maintain coverage under this permit. If the site or
portion of a site reclaimed after December 17, 1990, was not subject to
reclamation requirements, the site or portion of the site is no longer required
to maintain coverage under this permit if the site or portion of the site has
been reclaimed as defined in subdivision 2 of this subsection.
2. Termination of permit coverage for sites reclaimed before
December 17, 1990. A site or portion of a site that was released from
applicable state or federal reclamation requirements before December 17, 1990,
or that was otherwise reclaimed before December 17, 1990, is no longer required
to maintain coverage under this permit if the site or portion of the site has
been reclaimed. A site or portion of a site is considered to have been
reclaimed if: (i) stormwater runoff that comes into contact with raw materials,
intermediate byproducts, finished products, and waste products does not have
the potential to cause or contribute to violations of state water quality
standards [ ,; ] (ii) soil-disturbing activities
related to mining at the sites or portion of the site have been completed
[ ,; ] (iii) the site or portion of the site has been
stabilized to minimize soil erosion [ ,; ] and (iv) as
appropriate depending on location, size, and the potential to contribute
pollutants to stormwater discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or will be left in a
condition consistent with the post-mining land use.
H. Inactive and unstaffed sites. Permittees in Sector G
seeking to exercise a waiver from the quarterly visual assessment monitoring
and routine facility inspection requirements for inactive and unstaffed sites
(including temporarily inactive sites) are conditionally exempt from the
requirement to certify that "there are no industrial materials or
activities exposed to stormwater" in Part I A 4.
This exemption is conditioned on the following:
1. If circumstances change and the facility becomes active or
staffed, this exception no longer applies and the permittee shall immediately
begin complying with the quarterly visual assessment and routine facility
inspection requirements; and
2. The board retains the authority to revoke this exemption
and the monitoring waiver when it is determined that the discharge causes, has
a reasonable potential to cause, or contributes to an instream excursion above
an applicable water quality standard, including designated uses.
Subject to the two conditions in subdivisions 1 and 2 of this
subsection, if a facility is inactive and unstaffed, the permittee is waived
from the requirement to conduct quarterly visual assessments monitoring
and routine facility inspections. The permittee is not waived from conducting the
Part III E comprehensive site inspection at least one routine facility
inspection per calendar year. The board encourages the permittee to inspect
the site more frequently when there is reason to believe that severe weather or
natural disasters may have damaged control measures.
I. Benchmark monitoring and reporting requirements. Note:
There are no benchmark monitoring requirements for inactive and unstaffed sites
that have received a waiver in accordance with Part I A 4 (Inactive and
unstaffed sites).
1. Copper ore mining and dressing facilities. Active copper
ore mining and dressing facilities are required to monitor their stormwater
discharges for the pollutants of concern listed in Table 150-1 below.
2. Discharges from waste rock and overburden piles at active
sites. Discharges from waste rock and overburden piles at active sites shall be
analyzed for the parameters listed in Table 150-2. Facilities shall also
monitor for the parameters listed in Table 150-3. The director may also notify
the facility that additional monitoring must be performed to accurately
characterize the quality and quantity of pollutants discharged from the waste
rock or overburden piles.
|
Table 150-1
Sector G – Benchmark Monitoring Requirements - Copper Ore Mining and Dressing
Facilities
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Active Copper Ore Mining and Dressing Facilities (SIC Code
1021)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Table 150-2
Sector G – Benchmark Monitoring Requirements - Discharges from Waste Rock and
Overburden Piles from Active Ore Mining or Dressing Facilities
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Iron Ores; Copper Ores; Lead and Zinc Ores; Gold and Silver
Ores; Ferroalloy Ores Except Vanadium; Miscellaneous Metal Ores (SIC Codes
1011, 1021, 1031, 1041, 1044, 1061, 1081, 1094, 1099)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Turbidity (NTUs)
|
50 NTU
|
|
pH
|
6.0 - 9.0 s.u.
|
|
Hardness (as CaCO3)
|
no benchmark value
|
|
Total Recoverable Antimony
|
640 µg/L
|
|
Total Recoverable Arsenic
|
50 µg/L
|
|
Total Recoverable Beryllium
|
130 µg/L
|
|
Total Recoverable Cadmium
|
2.1 µg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Lead
|
120 µg/L
|
|
Total Recoverable Mercury
|
1.4 µg/L
|
|
Total Recoverable Nickel
|
470 µg/L
|
|
Total Recoverable Selenium
|
5.0 µg/L
|
|
Total Recoverable Silver
|
3.8 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Table 150-3
Sector G – Additional Monitoring Requirements for Discharges from Waste Rock
and Overburden Piles from Active Ore Mining or Dressing Facilities
|
|
Type of Ore Mined
|
Pollutants of Concern
|
|
TSS (mg/L)
|
pH
|
Metals, Total Recoverable
|
|
Tungsten Ore
|
X
|
X
|
Arsenic, Cadmium (H), Copper (H), Lead (H), Zinc (H).
|
|
Nickel Ore
|
X
|
X
|
Arsenic, Cadmium (H), Copper (H), Lead (H), Zinc (H).
|
|
Aluminum Ore
|
X
|
X
|
Iron.
|
|
Mercury Ore
|
X
|
X
|
Nickel (H).
|
|
Iron Ore
|
X
|
X
|
Iron (Dissolved).
|
|
Platinum Ore
|
|
|
Cadmium (H), Copper (H),
Mercury, Lead (H), Zinc (H).
|
|
Titanium Ore
|
X
|
X
|
Iron, Nickel (H), Zinc (H).
|
|
Vanadium Ore
|
X
|
X
|
Arsenic, Cadmium (H), Copper (H), Lead (H), Zinc (H).
|
|
Copper, Lead, Zinc, Gold, Silver and Molybdenum
|
X
|
X
|
Arsenic, Cadmium (H), Copper (H), Lead (H), Mercury, Zinc
(H).
|
|
Uranium, Radium and Vanadium
|
X
|
X
|
Chemical Oxygen Demand, Arsenic, Radium (Dissolved and Total
Recoverable), Uranium, Zinc (H).
|
|
Note: (H) indicates that hardness shall also be measured
when this pollutant is measured.
|
9VAC25-151-160. Sector H - Coal mines and coal mining-related
facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from coal mining-related areas (SIC Major Group 12) if (i)
they are not subject to effluent limitations guidelines under 40 CFR Part 434
or (ii) they are not subject to the standards of the Surface Mining Control and
Reclamation Act of 1977 (SMCRA) (30 USC § 1201 et seq.) and the Virginia
Department of Mines, Minerals and Energy's individual permit requirements.
The requirements of this section shall apply to stormwater
discharges from coal mining-related activities exempt from SMCRA, including the
public financed exemption, the 16-2/3% exemption, the private use exemption,
the under 250 tons exemption, the nonincidental tipple exemption, and the
exemption for coal piles and preparation plants associated with the end user.
Stormwater discharges from the following portions of eligible coal mines and
coal mining related facilities may be eligible for this permit: haul roads
(nonpublic roads on which coal or coal refuse is conveyed), access roads
(nonpublic roads providing light vehicular traffic within the facility property
and to public roadways), railroad spurs, sidings, and internal haulage lines
(rail lines used for hauling coal within the facility property and to off-site
commercial railroad lines or loading areas); conveyor belts, chutes, and aerial
tramway haulage areas (areas under and around coal or refuse conveyor areas,
including transfer stations); and equipment storage and maintenance yards, coal
handling buildings and structures, coal tipples, coal loading facilities and
inactive coal mines and related areas (abandoned and other inactive mines,
refuse disposal sites and other mining-related areas).
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general prohibition of nonstormwater discharges
in Part I B 1, the following discharges are not covered by this permit:
discharges from pollutant seeps or underground drainage from inactive coal
mines and refuse disposal areas that do not result from precipitation events
and discharges from floor drains in maintenance buildings and other similar
drains in mining and preparation plant areas.
C. Stormwater pollution prevention plan SWPPP
requirements. In addition to the requirements of Part III, the SWPPP shall
include at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff:
(1) Haul and access roads;
(2) Railroad spurs, sliding, and internal hauling lines;
(3) Conveyor belts, chutes, and aerial tramways;
(4) Equipment storage and maintenance yards;
(5) Coal handling buildings and structures;
(6) Inactive mines and related areas;
(7) Acidic spoil, refuse or unreclaimed disturbed areas; and
(8) Liquid storage tanks containing pollutants such as
caustics, hydraulic fluids and lubricants.
b. Summary of potential pollutant sources. A description of
the potential pollutant sources from the following activities: truck traffic on
haul roads and resulting generation of sediment subject to runoff and dust
generation; fuel or other liquid storage; pressure lines containing slurry,
hydraulic fluid or other potential harmful liquids; and loading or temporary
storage of acidic refuse or spoil.
2. Stormwater controls.
a. Good housekeeping. As part of the facility's good
housekeeping program required by Part III B 4 b (1), the permittee shall
consider the following: using sweepers, covered storage, and watering of haul
roads to minimize dust generation; and conservation of vegetation (where
possible) to minimize erosion.
b. Preventive maintenance. The permittee shall also perform
inspections of storage tanks and pressure lines for fuels, lubricants,
hydraulic fluid or slurry to prevent leaks due to deterioration or faulty
connections; or other equivalent measures.
c. Routine facility inspections. Sites shall be inspected at
least quarterly unless adverse weather conditions make the site inaccessible.
The requirement for routine facility inspections is waived for facilities that
have maintained an active VEEP E3/E4 status.
3. Comprehensive site compliance evaluation. The evaluation
program shall also include inspections for pollutants entering the drainage
system from activities located on or near coal mining-related areas. Among the
areas to be inspected: haul and access roads; railroad spurs, sliding and
internal hauling lines; conveyor belts, chutes and aerial tramways; equipment
storage and maintenance yards; coal handling buildings and structures; and
inactive mines and related areas.
D. Inactive and unstaffed sites. Permittees in Sector H
seeking to exercise a waiver from the quarterly visual assessment monitoring
and routine facility inspection requirements for inactive and unstaffed sites
(including temporarily inactive sites) are conditionally exempt from the
requirement to certify that "there are no industrial materials or
activities exposed to stormwater" in Part I A 4.
This exemption is conditioned on the following:
1. If circumstances change and the facility becomes active or
staffed, this exception no longer applies and the permittee shall immediately
begin complying with the quarterly visual assessment monitoring
requirements and routine facility inspection requirements; and
2. The board retains the authority to revoke this exemption
and the monitoring waiver when it is determined that the discharge causes, has
a reasonable potential to cause, or contributes to an instream excursion above
an applicable water quality standard, including designated uses.
Subject to the two conditions in subdivisions 1 and 2 of this
subsection, if a facility is inactive and unstaffed, the permittee is waived
from the requirement to conduct quarterly visual assessments monitoring
and routine facility inspections. The permittee is not waived from conducting the
Part III E comprehensive a minimum of one annual site inspection.
The board encourages the permittee to inspect the site more frequently when
there is reason to believe that severe weather or natural disasters may have
damaged control measures.
E. Benchmark monitoring and reporting requirements. Coal
mining facilities are required to monitor their stormwater discharges for the
pollutants of concern listed in Table 160. Note: There are no benchmark
monitoring requirements for inactive and unstaffed sites that have received a
waiver in accordance with Part I A 4 (Inactive and unstaffed sites).
|
Table 160
Sector H - Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Coal Mines and Related Areas (SIC Codes 1221-1241)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
9VAC25-151-170. Sector I - Oil and gas extraction and
refining. (Repealed)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from oil and gas extraction and refining facilities listed
under SIC Major Group 13 which have had a discharge of a reportable quantity
(RQ) of oil or a hazardous substance for which notification is required under
40 CFR 110.6, 40 CFR 117.21 or 40 CFR 302.6. These include oil and gas
exploration, production, processing, or treatment operations, or transmission
facilities that discharge stormwater contaminated by contact with or that has
come into contact with any overburden raw material, intermediate products,
finished products, by-products or waste products located on the site of such
operations. Industries in SIC Major Group 13 include the extraction and
production of crude oil, natural gas, oil sands and shale; the production of
hydrocarbon liquids and natural gas from coal; and associated oilfield service,
supply and repair industries. This section also covers petroleum refineries
listed under SIC Code 2911.
Contaminated stormwater discharges from petroleum refining
or drilling operations that are subject to nationally established BAT or BPT
guidelines found at 40 CFR Part 419 and 40 CFR Part 435 respectively are not
authorized by this permit.
Note: most contaminated discharges from petroleum refining
and drilling facilities are subject to these effluent guidelines and are not
eligible for coverage under this permit.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general prohibition of nonstormwater discharges
in Part I B 1, the following discharges are not covered by this permit:
discharges of vehicle and equipment washwater, including tank cleaning
operations. Alternatively, washwater discharges must be authorized under a
separate VPDES permit, or be discharged to a sanitary sewer in accordance with
applicable industrial pretreatment requirements.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: reportable
quantity (RQ) releases; locations used for the treatment, storage or disposal
of wastes; processing areas and storage areas; chemical mixing areas;
construction and drilling areas; all areas subject to the effluent guidelines
requirement of "No Discharge" in accordance with 40 CFR 435.32 and
the structural controls to achieve compliance with the "No Discharge"
requirement.
b. Summary of potential pollutant sources.
(1) The plan shall also include a description of the
potential pollutant sources from the following activities: chemical, cement,
mud or gel mixing activities; drilling or mining activities; and equipment
cleaning and rehabilitation activities.
(2) The plan shall include information about the RQ release
which triggered the permit application requirements, including: the nature of
the release (e.g., spill of oil from a drum storage area); the amount of oil or
hazardous substance released; amount of substance recovered; date of the
release; cause of the release (e.g., poor handling techniques and lack of
containment in the area); areas affected by the release, including land and
waters; procedure to cleanup release; actions or procedures implemented to
prevent or improve response to a release; and remaining potential contamination
of stormwater from release (taking into account human health risks, the control
of drinking water intakes, and the designated uses of the receiving water).
2. Stormwater controls: Sediment and erosion control. The
sediment and erosion control additional documentation requirements for well
drillings and sand or shale mining areas are as follows:
a. Site description. Each plan shall provide a description
of the following:
(1) A description of the nature of the exploration
activity;
(2) Estimates of the total area of the site and the area of
the site that is expected to be disturbed due to the exploration activity;
(3) An estimate of the runoff coefficient of the site;
(4) A site map indicating drainage patterns and approximate
slopes; and
(5) The name of all receiving water(s).
b. Vegetative controls. The SWPPP shall include a
description of vegetative practices designed to preserve existing vegetation
where attainable and revegetate open areas as soon as practicable after grade
drilling. Such practices may include: temporary or permanent seeding, mulching,
sod stabilization, vegetative buffer strips, tree protection practices. The
permittee shall initiate appropriate vegetative practices on all disturbed
areas within 14 calendar days of the last activity at that area.
c. Procedures in the plan shall provide that all erosion
and sedimentation controls on the site are inspected at least once every seven
calendar days.
Sector J – Mineral Mining and Dressing (SIC 1411-1499).
Facilities described by this sector are not covered by this general permit.
Facilities with stormwater discharges that fall under this sector should apply
for coverage under the VPDES Nonmetallic Mineral Mining General Permit (VAG
84).
9VAC25-151-180. Sector K - Hazardous waste treatment, storage,
or disposal facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with industrial
activity from facilities that treat, store, or dispose of hazardous wastes,
including those that are operating under interim status or a permit under
[ subtitle Subtitle ] C of RCRA the Resource
Conservation and Recovery Act (RCRA) (Industrial Activity Code
"HZ"). Disposal facilities that have been properly closed and capped,
or clean closed, and have no significant materials exposed to stormwater, do
not require this permit.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general prohibition of nonstormwater discharges
in Part I B 1, the following discharges are not covered by this permit:
leachate, gas collection condensate, drained free liquids, contaminated [ ground
water groundwater ], laboratory-derived wastewater and contact
washwater from washing truck, equipment, and railcar exteriors and surface
areas that have come in direct contact with solid waste at the landfill
facility.
C. Definitions.
"Contaminated stormwater" means stormwater that
comes in direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater as defined in this section. Some specific areas
of a landfill that may produce contaminated stormwater include, but are not
limited to: the open face of an active landfill with exposed waste (no
cover added); the areas around wastewater treatment operations; trucks,
equipment or machinery that has been in direct contact with the waste; and
waste dumping areas.
"Drained free liquids" means aqueous wastes drained
from waste containers (e.g., drums, etc.) prior to landfilling.
"Landfill" means an area of land or an excavation
in which wastes are placed for permanent disposal, that is not a land
application or land treatment unit, surface impoundment, underground injection
well, waste pile, salt dome formation, a salt bed formation, an underground
mine or a cave as these terms are defined in 40 CFR 257.2, 40 CFR 258.2 and 40 CFR
260.10.
"Landfill wastewater," as defined in 40 CFR
Part 445 (Landfills Point Source Category), means all wastewater
associated with, or produced by, landfilling activities except for sanitary
wastewater, noncontaminated stormwater, contaminated [ ground water
groundwater ], and wastewater from recovery pumping wells. Landfill
wastewater includes, but is not limited to, leachate, gas collection
condensate, drained free liquids, laboratory derived wastewater, contaminated
stormwater and contact washwater from washing truck, equipment, and railcar
exteriors and surface areas that have come in direct contact with solid waste
at the landfill facility.
"Leachate" means liquid that has passed through or
emerged from solid waste and contains soluble, suspended, or miscible materials
removed from such waste.
"Noncontaminated stormwater" means stormwater that
does not come into direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined above. Noncontaminated
stormwater includes stormwater that flows off the cap, cover, intermediate
cover, daily cover, or final cover of the landfill.
D. Numeric effluent limitations. As set forth at 40 CFR Part
445 Subpart A, the numeric limitations in Table 180-1 apply to contaminated
stormwater discharges from hazardous waste landfills subject to the provisions
of RCRA Subtitle C at 40 CFR Parts 264 (Subpart N) and 265 (Subpart N)
except for any of the following facilities:
1. Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives wastes generated by the
industrial or commercial operation directly associated with the landfill;
2. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes generated by the
industrial or commercial operation directly associated with the landfill and
also receives other wastes provided the other wastes received for disposal are
generated by a facility that is subject to the same provisions in 40 CFR
Subchapter N as the industrial or commercial operation or the other wastes received
are of similar nature to the wastes generated by the industrial or commercial
operation;
3. Landfills operated in conjunction with Centralized Waste
Treatment centralized waste treatment (CWT) facilities subject to 40
CFR Part 437 so long as the CWT facility commingles the landfill wastewater
with other nonlandfill wastewater for discharge. A landfill directly associated
with a CWT facility is subject to this part if the CWT facility discharges
landfill wastewater separately from other CWT wastewater or commingles the
wastewater from its landfill only with wastewater from other landfills; or
4. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes from public service
activities so long as the company owning the landfill does not receive a fee or
other remuneration for the disposal service.
|
Table 180-1
Sector K – Numeric Effluent Limitations
|
|
Parameter
|
Effluent Limitations
|
|
Maximum Daily
|
Maximum Monthly Average
|
|
Hazardous Waste Treatment, Storage, or Disposal Facilities
(Industrial Activity Code "HZ") Subject to the Provisions of 40 CFR
Part 445 Subpart A.
|
|
Biochemical Oxygen Demand (BOD5)
|
220 mg/L
|
56 mg/L
|
|
Total Suspended Solids (TSS)
|
88 mg/L
|
27 mg/L
|
|
Ammonia
|
10 mg/L
|
4.9 mg/L
|
|
Alpha Terpineol
|
0.042 mg/L
|
0.019 mg/L
|
|
Aniline
|
0.024 mg/L
|
0.015 mg/L
|
|
Benzoic Acid
|
0.119 mg/L*
|
0.073 mg/L
|
|
Naphthalene
|
0.059 mg/L
|
0.022 mg/L
|
|
p-Cresol
|
0.024 mg/L
|
0.015 mg/L
|
|
Phenol
|
0.048 mg/L
|
0.029 mg/L
|
|
Pyridine
|
0.072 mg/L
|
0.025 mg/L
|
|
Arsenic (Total)
|
1.1 mg/L
|
0.54 mg/L
|
|
Chromium (Total)
|
1.1 mg/L
|
0.46 mg/L
|
|
Zinc (Total)
|
0.535 mg/L*
|
0.296 mg/L*
|
|
pH
|
Within the range of 6.0 - 9.0 s.u.
|
|
*These effluent limitations are three significant digits for
reporting purposes.
|
E. Benchmark monitoring and reporting requirements.
Permittees with hazardous waste treatment, storage, or disposal facilities
(TSDFs) are required to monitor their stormwater discharges for the pollutants
of concern listed in Table 180-2. These benchmark monitoring cutoff
concentrations apply to stormwater discharges associated with industrial
activity other than contaminated stormwater discharges from landfills subject
to the numeric effluent limitations set forth in Table 180-1.
|
Table 180-2
Sector K – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Hazardous Waste Treatment, Storage, or Disposal Facilities
(Industrial Activity Code "HZ")
|
|
Total Kjeldahl Nitrogen (TKN)
|
1.5 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Organic Carbon (TOC)
|
110 mg/L
|
|
Total Recoverable Arsenic
|
50 µg/L
|
|
Total Recoverable Cadmium
|
2.1 µg/L
|
|
Total Cyanide
|
22 µg/L
|
|
Total Recoverable Lead
|
120 µg/L
|
|
Total Magnesium
|
64 µg/L
|
|
Total Recoverable Mercury
|
1.4 µg/L
|
|
Total Recoverable Selenium
|
5.0 µg/L
|
|
Total Recoverable Silver
|
3.8 µg/L
|
9VAC25-151-190. Sector L - Landfills, land application sites
and open dumps.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from waste disposal at landfills, land application sites,
and open dumps that receive or have received industrial wastes (Industrial
Activity Code "LF"), including sites subject to regulation under
Subtitle D of RCRA the Resource Conservation and Recovery Act (RCRA).
Landfills, land application sites, and open dumps that have stormwater
discharges from other types of industrial activities such as vehicle
maintenance, truck washing, and recycling may be subject to additional
requirements specified elsewhere in this permit. This permit does not cover
discharges from landfills that receive only municipal wastes. Landfills
(including landfills in "post-closure care") that have been properly
closed and capped in accordance with 9VAC20-81-160 and 9VAC20-81-170 and have
no significant materials exposed to stormwater do not require this permit.
Landfills closed in accordance with regulations or permits in effect prior to
December 21, 1988, do not require this permit, unless significant materials are
exposed to stormwater.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: leachate, gas
collection condensate, drained free liquids, contaminated ground water,
laboratory wastewater, and contact washwater from washing truck, equipment, and
railcar exteriors and surface areas that have come in direct contact with solid
waste at the landfill facility.
C. Definitions.
"Contaminated stormwater" means stormwater that
comes in direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater. Some areas of a landfill that may produce
contaminated stormwater include, but are not limited to, the working face of an
active landfill; the areas around wastewater treatment operations; trucks,
equipment, or machinery that has been in direct contact with the waste; and
waste dumping areas.
"Drained free liquids" means aqueous wastes drained
from waste containers (e.g., drums, etc.) prior to landfilling.
"Landfill wastewater," as defined in 40 CFR
Part 445 (Landfills Point Source Category), means all wastewater
associated with, or produced by, landfilling activities except for sanitary
wastewater, noncontaminated stormwater, contaminated groundwater, and
wastewater from recovery pumping wells. Landfill wastewater includes, but is
not limited to, leachate, gas collection condensate, drained free liquids,
laboratory derived wastewater, contaminated stormwater and contact washwater
from washing truck, equipment, and railcar exteriors and surface areas that
have come in direct contact with solid waste at the landfill facility.
"Leachate" means liquid that has passed through or
emerged from solid waste and contains soluble, suspended, or miscible materials
removed from such waste.
"Noncontaminated stormwater" means stormwater that
does not come into direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined above. Noncontaminated
stormwater includes stormwater that flows off the cap, intermediate cover, or
final cover of the landfill.
"Open dump" means a site on which any solid waste
is placed, discharged, deposited, injected, dumped, or spilled so as to present
a threat of a release of harmful substances into the environment or present a
hazard to human health. Such a site is subject to the open dump criteria in
9VAC20-81-45.
D. Stormwater pollution prevention plan requirements. In
addition to the requirements in Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: active and closed
landfill cells or trenches; active and closed land application areas; locations
where open dumping is occurring or has occurred; locations of any known
leachate springs or other areas where uncontrolled leachate may commingle with
runoff; and leachate collection and handling systems.
b. Summary of potential pollutant sources. The SWPPP shall
also include a description of potential pollutant sources associated with any
of the following: fertilizer, herbicide, and pesticide application; earth and
soil moving; waste hauling and loading and unloading; outdoor storage of
significant materials including daily, interim and final cover material
stockpiles as well as temporary waste storage areas; exposure of active and
inactive landfill and land application areas; uncontrolled leachate flows; and
failure or leaks from leachate collection and treatment systems.
2. Stormwater controls.
D. Stormwater controls. In addition to the requirements in
Part III, the SWPPP shall include, at a minimum, the following items:
a. 1. Preventive maintenance program. As part of
the preventive maintenance program, the permittee shall maintain: all
elements of leachate collection and treatment systems to prevent commingling of
leachate with stormwater and the integrity and effectiveness of any
intermediate or final cover (including making repairs to the cover as
necessary), to minimize the effects of settlement, sinking, and erosion.
b. 2. Routine facility inspections.
(1) a. Inspections of active sites. Operating
landfills, open dumps, and land application sites shall be inspected at least
once every seven days. Qualified personnel shall inspect areas of landfills
that have not yet been finally stabilized, active land application areas, areas
used for storage of materials or wastes that are exposed to precipitation,
stabilization and structural control measures, leachate collection and
treatment systems, and locations where equipment and waste trucks enter and
exit the site. Erosion and sediment control measures shall be observed to
ensure they are operating correctly. For stabilized sites and areas where land
application has been completed, or where the climate is seasonally arid
(annual rainfall averages from 0 to 10 inches) or semi-arid (annual rainfall
averages from 10 to 20 inches), inspections shall be conducted at least
once every month.
(2) b. Inspections of inactive sites. Inactive
landfills, open dumps, and land application sites shall be inspected at least
quarterly. Qualified personnel shall inspect landfill (or open dump)
stabilization and structural erosion control measures and leachate collection
and treatment systems, and all closed land application areas.
c. 3. Recordkeeping and internal reporting
procedures. Landfill and open dump owners shall provide for a tracking system
for the types of wastes disposed of in each cell or trench of a landfill or
open dump. Land application site owners shall track the types and quantities of
wastes applied in specific areas.
d. 4. Annual outfall evaluation for unauthorized
discharges. The evaluation shall also be conducted for the presence of leachate
and vehicle washwater.
e. 5. Sediment and erosion control plan.
Landfill and open dump owners shall provide for temporary stabilization of
materials stockpiled for daily, intermediate, and final cover. Stabilization practices
to consider include, but are not limited to, temporary seeding,
mulching, and placing geotextiles on the inactive portions of the stockpiles.
Landfill and open dump owners shall provide for temporary stabilization of
inactive areas of the landfill or open dump which have an intermediate cover
but no final cover. Landfill and open dump owners shall provide for temporary
stabilization of any landfill or open dumping areas which have received a final
cover until vegetation has established itself. Land application site owners
shall also stabilize areas where waste application has been completed until
vegetation has been established.
f. Comprehensive site compliance evaluation. Areas
contributing to a stormwater discharge associated with industrial activities at
landfills, open dumps and land application sites shall be evaluated for
evidence of, or the potential for, pollutants entering the drainage system.
E. Numeric effluent limitations. As set forth at 40 CFR Part
445 Subpart B, the numeric limitations in Table 190-1 apply to contaminated
stormwater discharges from municipal solid waste landfills (MSWLFs) that have
not been closed in accordance with 40 CFR 258.60, and contaminated
stormwater discharges from those landfills that are subject to the provisions
of 40 CFR Part 257 (these include CDD landfills (also known as C&D
landfills), construction and debris landfills and industrial
landfills) except for discharges from any of the following facilities:
1. Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives wastes generated by the
industrial or commercial operation directly associated with the landfill;
2. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes generated by the
industrial or commercial operation directly associated with the landfill and
also receives other wastes provided the other wastes received for disposal are
generated by a facility that is subject to the same provisions in 40 CFR
Subchapter N as the industrial or commercial operation or the other wastes
received are of similar nature to the wastes generated by the industrial or
commercial operation;
3. Landfills operated in conjunction with centralized waste
treatment (CWT) facilities subject to 40 CFR Part 437 so long as the CWT
facility commingles the landfill wastewater with other nonlandfill wastewater
for discharge. A landfill directly associated with a CWT facility is subject to
this part if the CWT facility discharges landfill wastewater separately from
other CWT wastewater or commingles the wastewater from its landfill only with
wastewater from other landfills; or
4. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes from public service
activities so long as the company owning the landfill does not receive a fee or
other remuneration for the disposal service.
|
Table 190-1
Sector L – Numeric Effluent Limitations
|
|
Parameter
|
Effluent Limitations
|
|
Maximum Daily
|
Maximum Monthly Average
|
|
Landfills (Industrial Activity Code "LF") that are
Subject to the Requirements of 40 CFR Part 445 Subpart B.
|
|
Biochemical Oxygen Demand (BOD5)
|
140 mg/L
|
37 mg/L
|
|
Total Suspended Solids (TSS)
|
88 mg/L
|
27 mg/L
|
|
Ammonia
|
10 mg/L
|
4.9 mg/L
|
|
Alpha Terpineol
|
0.033 mg/L
|
0.016 mg/L
|
|
Benzoic Acid
|
0.12 mg/L
|
0.071 mg/L
|
|
p-Cresol
|
0.025 mg/L
|
0.014 mg/L
|
|
Phenol
|
0.026 mg/L
|
0.015 mg/L
|
|
Zinc (Total)
|
0.20 mg/L
|
0.11 mg/L
|
|
pH
|
Within the range of 6.0 - 9.0 s.u.
|
F. Benchmark monitoring and reporting requirements. [ Landfill
Landfills ], land application, and open dump sites are required to
monitor their stormwater discharges for the pollutants of concern listed in
Table 190-2. These benchmark monitoring cutoff concentrations apply to
stormwater discharges associated with industrial activity other than
contaminated stormwater discharges from landfills subject to the numeric
effluent limitations set forth in Table 190-1.
|
Table 190-2
Sector L – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Landfills, Land Application Sites and Open Dumps (Industrial
Activity Code "LF").
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
9VAC25-151-200. Sector M - Automobile salvage yards.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities engaged in dismantling or wrecking used
motor vehicles for parts recycling or resale, and for scrap (SIC Code 5015).
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items:
1. Site description.
a. Site map. The map shall include the location of each
monitoring point, and an estimation (in acres) of the total area used for
industrial activity including, but not limited to, dismantling, storage, and
maintenance of used motor vehicle parts. The site map shall also identify where
any of the following may be exposed to precipitation or surface runoff: vehicle
storage areas; dismantling areas; parts storage areas (e.g., engine blocks,
tires, hub caps, batteries, hoods, mufflers); and liquid storage tanks and
drums for fuel and other fluids.
b. Summary of potential pollutant sources. The permittee
shall assess the potential for the following activities to contribute
pollutants to stormwater discharges: vehicle storage areas; dismantling areas;
parts storage areas (e.g., engine blocks, tires, hub caps, batteries, and
hoods); fueling stations.
2. B. Stormwater controls. In addition to
the requirements of Part III, the SWPPP shall include, at a minimum, the
following items:
a. 1. Spill and leak prevention procedures. All
vehicles that are intended to be dismantled shall be properly drained of all
fluids prior to being dismantled or crushed, or other equivalent means shall be
taken to prevent leaks or spills of fluids upon arrival at the site, or as
soon thereafter as feasible. All drained fluids shall be managed to
minimize leaks or spills.
b. 2. Inspections. Upon arrival at the site, or
as soon thereafter as feasible, vehicles shall be inspected for leaks. Any
equipment containing oily parts, hydraulic fluids, any other types of fluids,
or mercury switches shall be inspected at least quarterly (four times per year)
for signs of leaks. All vessels, containers, or tanks and areas where
hazardous materials and general automotive fluids are stored, including, but
not limited to, mercury switches, brake fluid, transmission fluid, radiator
water, and antifreeze, shall be inspected at least quarterly for leaks. Quarterly
inspection records shall be maintained with the SWPPP.
c. 3. Employee training. Employee training
shall, at a minimum, address the following areas when applicable to a facility:
proper handling (collection, storage, and disposal) of oil, used mineral
spirits, anti-freeze antifreeze, mercury switches, and solvents.
d. 4. Management of runoff. The permittee shall
implement control measures to divert, infiltrate, reuse, contain, or otherwise
reduce stormwater runoff to minimize pollutants in discharges from the
facility. The following management practices shall be considered used
to prevent or reduce the discharge of pollutants to surface waters: [ berms
or drainage ditches on the property line, to help prevent ] runon
[ run-on from neighboring properties; berms for uncovered
outdoor storage of oily parts, engine blocks, and aboveground liquid storage;
and the installation of detention ponds, filtering devices, and oil/water
separators. ]
a. Berms or drainage ditches on the property line used to
help prevent run-on from neighboring properties;
b. Berms for uncovered outdoor storage of oily parts and
engine blocks;
c. Aboveground liquid storage;
d. The installation of detention ponds, filtering devices,
or oil/water separators; and
e. Another control measure used to prevent or reduce the
discharge of pollutants to surface waters.
C. Benchmark monitoring and reporting requirements.
Automobile salvage yards are required to monitor their stormwater discharges
for the pollutants of concern listed in Table 200.
|
Table 200
Sector M – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Automobile Salvage Yards (SIC Code 5015)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Lead
|
120 µg/L
|
9VAC25-151-210. Sector N - Scrap recycling and waste recycling
facilities and material recovery facilities (MRF).
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities that are engaged in the processing,
reclaiming and wholesale distribution of scrap and waste materials such as
ferrous and nonferrous metals, paper, plastic, cardboard, glass, animal hides
(these types of activities are typically identified as SIC Code 5093), and
facilities that are engaged in reclaiming and recycling liquid wastes such as
used oil, antifreeze, mineral spirits, and industrial solvents (also identified
as SIC Code 5093). Separate permit requirements have been established for
recycling facilities that only receive source-separated recyclable materials
primarily from nonindustrial and residential sources (also identified as SIC
Code 5093) (e.g., common consumer products including paper, newspaper, glass,
cardboard, plastic containers, aluminum and tin cans).
Separate permit requirements have also been established for
facilities that are engaged in dismantling ships, marine salvaging, and marine
wrecking–ships for scrap (SIC Code 4499, limited to those listed; for
others in SIC Code 4499 not listed above in this subsection,
see Sector Q (9VAC25-151-240)).
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B
1, nonstormwater discharges from turnings containment areas are not covered by
this permit (see also subdivision C 2 c of this section). Discharges from
containment areas in the absence of a storm event are prohibited unless covered
by a separate VPDES permit.
C. Stormwater pollution prevention plan SWPPP
requirements. In addition to the requirements of Part III, all facilities
are required to comply with the general SWPPP requirement in subdivision 1 of
this subsection. the following items are applicable:
Subdivisions 2 through 5 of this subsection have SWPPP
requirements for specific types of recycling facilities. The permittee shall
implement and describe in the SWPPP a program to address those items that
apply. Included are lists of control measure options that, along with any
functional equivalents, shall be considered for implementation.
1. Site description. Site map. The site map shall identify
the locations where any of the following activities or sources may be exposed
to precipitation or surface runoff: scrap and waste material storage, outdoor
scrap and waste processing equipment, and containment areas for turnings
exposed to cutting fluids.
2. 1. Scrap recycling and waste recycling
facilities (nonsource-separated, nonliquid recyclable materials). The following
SWPPP special conditions have been established for facilities that receive,
process and do wholesale distribution of nonliquid recyclable wastes (e.g.,
ferrous and nonferrous metals, plastics, glass, cardboard and paper). These
facilities may receive both nonrecyclable and recyclable materials. This
section is not intended for those facilities that only accept recyclable
materials primarily from nonindustrial and residential sources.
a. Inbound recyclable and waste material control program. The plan
SWPPP shall include a recyclable and waste material inspection program
to minimize the likelihood of receiving materials that may be significant
pollutant sources to stormwater discharges. Control measure options measures
shall include one or more of the following:
(1) Provide information and education flyers, brochures and
pamphlets to suppliers of scrap and recyclable waste materials on draining and
properly disposing of residual fluids prior to delivery to the facility (e.g.,
from vehicles and equipment engines, radiators, and transmissions, oil-filled
transformers, and individual containers or drums), and on removal of mercury
switches prior to delivery to the facility;
(2) Establish procedures to minimize the potential of any
residual fluids from coming in contact with precipitation or runoff;
(3) Establish procedures for accepting scrap lead-acid
batteries. Additional requirements for the handling, storage and disposal or
recycling of batteries are contained in the scrap lead-acid battery program
provisions in subdivision 2 f of this subsection;
(4) Provide training targeted for those personnel engaged in
the inspection and acceptance of inbound recyclable materials; and or
(5) Establish procedures to ensure that liquid wastes,
including used oil, are stored in materially compatible and nonleaking
containers and disposed or recycled in accordance with all requirements under
the Resource Recovery and Conservation and Recovery Act (RCRA),
and other state or local requirements.
b. Scrap and waste material stockpiles and storage (outdoor).
The plan SWPPP shall describe measures and controls to minimize
contact of stormwater runoff with stockpiled materials, processed materials and
nonrecyclable wastes. Control measure options measures shall include
one or more of the following:
(1) Permanent or semipermanent covers;
(2) The use of sediment traps, vegetated swales and strips,
catch basin filters, and sand filters to facilitate settling or
filtering of pollutants;
(3) Diversion of runoff away from storage areas via dikes,
berms, containment trenches, culverts, and surface grading;
(4) Silt fencing; and
(5) Oil/water separators, sumps, and dry adsorbents for
areas where potential sources of residual fluids are stockpiled (e.g.,
automotive engine storage areas); or
(6) Another control measure used to prevent or reduce the
discharge of pollutants to surface waters.
c. Stockpiling of turnings exposed to cutting fluids (outdoor
storage). The plan SWPPP shall implement measures necessary to
minimize contact of surface runoff with residual cutting fluids. Control measure
options (use singularly or in combination) measures shall include one or
more of the following:
(1) Storage of all turnings exposed to cutting fluids under
some form of permanent or semipermanent cover. Stormwater discharges from these
areas are permitted provided the runoff is first treated by an oil/water
separator or its equivalent. Procedures to collect, handle, and dispose or
recycle residual fluids that may be present shall be identified in the plan
SWPPP; or
(2) Establish dedicated containment areas for all turnings
that have been exposed to cutting fluids. Stormwater runoff from these areas
can be discharged provided:
(a) The containment areas are constructed of either concrete,
asphalt or other equivalent type of impermeable material;
(b) There is a barrier around the perimeter of the containment
areas to prevent contact with stormwater runon run-on (e.g.,
berms, curbing, elevated pads, etc.);
(c) There is a drainage collection system for runoff generated
from containment areas;
(d) There is a schedule to maintain the oil/water separator
(or its equivalent); and
(e) Procedures are identified for the proper disposal or
recycling of collected residual fluids.
d. Scrap and waste material stockpiles and storage (covered or
indoor storage). The plan SWPPP shall address measures and
controls to minimize contact of residual liquids and particulate matter from
materials stored indoors or under cover from coming in contact with surface
runoff. Control measure options measures shall include one or more of
the following:
(1) Good housekeeping measures, including the use of dry
absorbent or wet vacuum cleanup methods, to contain, dispose, or recycle
residual liquids originating from recyclable containers, or mercury spill kits
from storage of mercury switches;
(2) Prohibiting the practice of allowing washwater from
tipping floors or other processing areas from discharging to the storm sewer
system; and
(3) Disconnecting or sealing off all floor drains connected
to the storm sewer system. if necessary to prevent a discharge; or
(4) Another control measure used to prevent or reduce the
discharge of pollutants to surface waters.
e. Scrap and recyclable waste processing areas. The plan
SWPPP shall include measures and controls to minimize surface runoff
from coming in contact with scrap processing equipment. In the case of
processing equipment that generate visible amounts of particulate residue
(e.g., shredding facilities), the plan SWPPP shall describe
measures to minimize the contact of residual fluids and accumulated particulate
matter with runoff (i.e., through good housekeeping, preventive maintenance,
etc.). Control measure options measures shall include one or more of
the following:
(1) A schedule of regular inspections of equipment for leaks,
spills, malfunctioning, worn or corroded parts or equipment;
(2) A preventive maintenance program for processing equipment;
(3) Removal of mercury switches from the hood and trunk
lighting units, and removal of anti-lock brake system units containing mercury
switches;
(4) Use of dry-absorbents or other cleanup practices to
collect and to dispose of or recycle spilled or leaking fluids, or use of
mercury spill kits for spills from storage of mercury switches;
(5) Installation of low-level alarms or other equivalent
protection devices on unattended hydraulic reservoirs over 150 gallons in
capacity. Alternatively, provide secondary containment with sufficient volume
to contain the entire volume of the reservoir;
(6) Containment or diversion structures such as dikes, berms,
culverts, trenches, elevated concrete pads, and grading to minimize contact of
stormwater runoff with outdoor processing equipment or stored materials;
(7) Oil/water separators or sumps;
(8) Permanent or semipermanent covers in processing areas
where there are residual fluids and grease;
(9) Retention and detention basins or ponds, sediment traps,
vegetated swales or strips, to facilitate pollutant settling and filtration; and
(10) Catch basin filters or sand filters; or
(11) Another control measure used to prevent or reduce the
discharge of pollutants to surface waters.
f. Scrap lead-acid battery program. The plan SWPPP
shall address measures and controls for the proper handling, storage and
disposal of scrap lead-acid batteries. Control measure options measures
shall include one or more of the following:
(1) Segregate scrap lead-acid batteries from other scrap
materials and store under cover;
(2) A description of procedures and measures for the proper
handling, storage and disposal of cracked or broken batteries;
(3) A description of measures to collect and dispose of
leaking lead-acid battery fluid;
(4) A description of measures to minimize and, whenever
possible, eliminate exposure of scrap lead-acid batteries to precipitation or
runoff; and or
(5) A description of employee training for the management of
scrap batteries.
g. Spill prevention and response procedures. The SWPPP shall
include measures to minimize stormwater contamination at loading and unloading
areas, and from equipment or container failures. Control measure options
measures shall include one or more of the following:
(1) Description of spill prevention and response measures to
address areas that are potential sources of fluid leaks or spills;
(2) Immediate containment and clean up of spills and leaks. If
malfunctioning equipment is responsible for the spill or leak, repairs shall
also be conducted as soon as possible;
(3) Cleanup procedures shall be identified in the plan SWPPP,
including the use of dry absorbents. Where dry absorbent cleanup methods are
used, an adequate supply of dry absorbent material shall be maintained on-site.
Used absorbent material shall be disposed of properly;
(4) Drums containing liquids, especially oil and lubricants,
shall be stored: indoors;, in a bermed area;,
in overpack containers or spill pallets;, or in similar
containment devices;
(5) Overfill prevention devices shall be installed on all fuel
pumps or tanks;
(6) Drip pans or equivalent measures shall be placed under any
leaking piece of stationary equipment until the leak is repaired. The drip pans
shall be inspected for leaks and potential overflow and all liquids properly
disposed of in accordance with RCRA requirements; and or
(7) An alarm or pump shut off system shall be installed on
outdoor equipment with hydraulic reservoirs exceeding 150 gallons in order to
prevent draining the tank contents in the event of a line break. Alternatively,
the equipment may have a secondary containment system capable of containing the
contents of the hydraulic reservoir plus adequate freeboard for precipitation.
A mercury spill kit shall be used for any release of mercury from switches,
anti-lock brake systems, and switch storage areas.
h. Inspection program. All designated areas of the facility
and equipment identified in the plan SWPPP shall be inspected at
least quarterly. The requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4 status.
i. Supplier notification program. The plan SWPPP
shall include a program to notify major suppliers which scrap materials will
not be accepted at the facility or are only accepted under certain conditions.
3. 2. Waste recycling facilities (liquid
recyclable materials).
a. Waste material storage (indoor). The plan SWPPP
shall include measures and controls to minimize or eliminate contact
between residual liquids from waste materials stored indoors and surface
runoff. The plan SWPPP may refer to applicable portions of other
existing plans such as SPCC plans required under 40 CFR Part 112. Control measure
options measures shall include one or more of the following:
(1) Procedures for material handling (including labeling and
marking);
(2) A sufficient supply of dry-absorbent materials or a wet
vacuum system to collect spilled or leaked materials (note: (spilled
or leaking mercury should never be vacuumed);
(3) An appropriate containment structure, such as trenches,
curbing, gutters or other equivalent measures; and or
(4) A drainage system, including appurtenances (e.g., pumps or
ejectors, or manually operated valves), to handle discharges from diked or
bermed areas. Drainage shall be discharged to an appropriate treatment
facility, sanitary sewer system, or otherwise disposed of properly. Discharges
from these areas may require coverage under a separate VPDES permit or
industrial user permit under the pretreatment program.
b. Waste material storage (outdoor). The plan SWPPP
shall describe measures and controls to minimize contact between stored
residual liquids and precipitation or runoff. The plan SWPPP may
refer to applicable portions of other existing plans such as SPCC plans
required under 40 CFR Part 112. Discharges of precipitation from containment
areas containing used oil shall also be in accordance with applicable sections
of 40 CFR Part 112. Control measure options measures shall include
one or more of the following:
(1) Appropriate containment structures (e.g., dikes, berms,
curbing, pits) to store the volume of the largest single tank, with sufficient
extra capacity for precipitation;
(2) Drainage control and other diversionary structures;
(3) For storage tanks, provide corrosion protection or leak
detection systems; and or
(4) Dry-absorbent materials or a wet vacuum system to collect
spills.
c. Truck and rail car waste transfer areas. The plan SWPPP
shall describe measures and controls to minimize pollutants in discharges from
truck and rail car loading and unloading areas. The plan SWPPP
shall also address measures to clean up minor spills and leaks resulting from
the transfer of liquid wastes. Control measure options measures shall
include one or more of the following:
(1) Containment and diversionary structures to minimize
contact with precipitation or runoff; and
(2) Use of dry cleanup methods, wet vacuuming, roof coverings,
or runoff controls; or
(3) Another control measure used to prevent or reduce the
discharge of pollutants to surface waters.
d. Inspections. Inspections shall be made quarterly and shall
also include all areas where waste is generated, received, stored, treated or
disposed that are exposed to either precipitation or stormwater runoff. The requirement
for routine facility inspections is waived for facilities that have maintained
an active VEEP E3/E4 status.
4. 3. Recycling facilities (source separated
materials). The following SWPPP special conditions have been established for
facilities that receive only source-separated recyclable materials primarily
from nonindustrial and residential sources.
a. Inbound recyclable material control. The plan SWPPP
shall include an inbound materials inspection program to minimize the
likelihood of receiving nonrecyclable materials (e.g., hazardous materials)
that may be a significant source of pollutants in surface runoff. Control measure
options measures shall include one or more of the following:
(1) Provide information and education measures to inform
suppliers of recyclable materials on the types of materials that are acceptable
and those that are not acceptable;
(2) A description of training measures for drivers responsible
for pickup of recyclable materials;
(3) Clearly mark public drop-off containers regarding which
materials can be accepted;
(4) Rejecting nonrecyclable wastes or household hazardous
wastes at the source; and or
(5) Establish procedures for the handling and disposal of
nonrecyclable materials.
b. Outdoor storage. The plan SWPPP shall include
procedures to minimize the exposure of recyclable materials to surface runoff
and precipitation. The plan SWPPP shall include good housekeeping
measures to prevent the accumulation of particulate matter and fluids,
particularly in high traffic areas. Control measure options measures
shall include one or more of the following:
(1) Provide totally-enclosed drop-off containers for the
public;
(2) Install a sump and pump with each containment pit, and
treat or discharge collected fluids to a sanitary sewer system;
(3) Provide dikes and curbs for secondary containment (e.g.,
around bales of recyclable waste paper);
(4) Divert surface runoff away from outside material storage
areas;
(5) Provide covers over containment bins, dumpsters, roll-off
boxes; and or
(6) Store the equivalent one day's volume of recyclable
materials indoors.
c. Indoor storage and material processing. The plan SWPPP
shall include measures to minimize the release of pollutants from indoor
storage and processing areas. Control measure options measures shall
include one or more of the following:
(1) Schedule routine good housekeeping measures for all
storage and processing areas;
(2) Prohibit a practice of allowing tipping floor washwaters
from draining to any portion of the storm sewer system; and or
(3) Provide employee training on pollution prevention
practices.
d. Vehicle and equipment maintenance. The plan SWPPP
shall also provide for control measures in those areas where vehicle and
equipment maintenance is occurring outdoors. Control measure options measures
shall include one or more of the following:
(1) Prohibit vehicle and equipment washwater from
discharging to the storm sewer system discharges;
(2) Minimize or eliminate outdoor maintenance areas, wherever
possible;
(3) Establish spill prevention and clean-up procedures in
fueling areas;
(4) Avoid topping off fuel tanks;
(5) Divert runoff from fueling areas;
(6) Store lubricants and hydraulic fluids indoors; and or
(7) Provide employee training on proper, handling, storage of
hydraulic fluids and lubricants.
5. Facilities engaged in dismantling ships, marine salvaging,
and marine wrecking—ships for scrap. The following SWPPP special conditions
have been established for facilities that are engaged in dismantling ships,
marine salvaging, and marine wrecking—ships for scrap.
Vessel breaking and scrapping activities. Scrapping of vessels
shall be accomplished ashore beyond the range of mean high tide, whenever
practicable. If this activity must be conducted while a vessel is afloat or
grounded in state waters, then the permittee shall employ control measures to
reduce the amount of pollutants released. The following control measures shall
be implemented during those periods when vessels (ships, barges, yachts, etc.)
are brought to the facility's site for recycling, scrapping and storage prior
to scrapping.
a. Fixed or floating platforms sufficiently sized and
constructed to catch and prevent scrap materials and pollutants from entering
surface waters (or equivalent measures approved by the board) shall be used as
work surfaces when working on or near the water surface. These platforms shall
be cleaned as required to prevent pollutants from entering surface waters and
at the end of each work shift. All scrap metals and pollutants shall be
collected in a manner to prevent releases (containerization is recommended).
b. There shall be no discharge of oil or oily wastewater at
the facility. Drip pans and other protective devices shall be required for all
oil and oily waste transfer operations to catch incidental spillage and drips
from hose nozzles, hose racks, drums or barrels. Drip pans and other protective
devices shall be inspected and maintained to prevent releases. Oil and oily
waste shall be disposed at a permitted facility and adequate documentation of
off-site disposition shall be retained for review by the board upon request.
c. During the storage, breaking, and scrapping period, oil
containment boom(s) booms shall be deployed either around the
vessel being scrapped, or across the mouth of the facility's wetslip, to
contain pollutants in the event of a spill. Booms shall be inspected,
maintained, and repaired as needed. Oil, grease and fuel spills shall be
prevented from reaching surface waters. Cleanup shall be carried out promptly
immediately after an oil, grease, or fuel spill is detected.
d. Paint and solvent spills shall be immediately, upon
discovery of the spills, cleaned up to prevent pollutants from reaching
storm drains, deck drains, and surface waters.
e. Contaminated bilge and ballast water shall not be
discharged to surface waters. If it becomes necessary to dispose of
contaminated bilge and ballast waters during a vessel breaking activity, the
wastewater shall be disposed at a permitted facility and adequate documentation
of off-site disposition shall be retained for review by the board upon request.
D. Benchmark monitoring and reporting requirements. Scrap
recycling and waste recycling facilities (both source-separated and
nonsource-separated facilities), and facilities engaged in dismantling ships,
marine salvaging, and marine wrecking – ships for scrap are required to monitor
their stormwater discharges for the pollutants of concern listed in Table 210.
|
Table 210
Sector N – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Scrap Recycling and Waste Recycling Facilities
(nonsource-separated facilities only) (SIC Code 5093)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Cadmium
|
2.1 µg/L
|
|
Total Recoverable Chromium
|
16 µg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Lead
|
120 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Scrap Recycling and Waste Recycling Facilities
(source-separated facilities) (SIC Code 5093)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Aluminum1
|
750 µg/L
|
|
Total Recoverable Cadmium1
|
2.1 µg/L
|
|
Total Recoverable Chromium1
|
16 µg/L
|
|
Total Recoverable Copper1
|
18 µg/L
|
|
Total Recoverable Iron1
|
1.0 mg/L
|
|
Total Recoverable Lead1
|
120 µg/L
|
|
Total Recoverable Zinc1
|
120 µg/L
|
|
1Metals monitoring is only required at
source-separated facilities for the specific metals listed above that are
received at the facility.
|
|
Facilities Engaged in Dismantling Ships, Marine Salvaging,
and Marine Wrecking - Ships for Scrap (SIC Code 4499, limited to list)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Cadmium
|
2.1 µg/L
|
|
Total Recoverable Chromium
|
16 µg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Lead
|
120 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
9VAC25-151-220. Sector O - Steam electric generating
facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from steam electric power generating facilities using coal,
natural gas, oil, nuclear energy, etc. to produce a steam source, including
coal handling areas (Industrial Activity Code "SE").
Stormwater discharges from coal pile runoff subject to
numeric effluent limitations are eligible for coverage under this permit, but
are subject to the limitations established by Part I A 1 c (2).
Stormwater discharges from ancillary facilities (e.g., fleet
centers, gas turbine stations, and substations) that are not contiguous to a
steam electric power generating facility are not covered by this permit. Heat
capture and heat recovery combined cycle generation facilities are also not
covered by this permit; however, dual fuel co-generation facilities that
generate electric power are included.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
nonstormwater discharges subject to effluent limitation guidelines are also not
covered by this permit.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include, at a minimum,
the following items.
1. Site description. Site map. The site map shall identify
the locations of any of the following activities or sources that may be exposed
to precipitation or surface runoff: storage tanks, scrap yards, general refuse
areas; short and long term storage of general materials (including, but not
limited to: supplies, construction materials, paint equipment, oils, fuels, used
and unused solvents, cleaning materials, paint, water treatment chemicals,
fertilizer, and pesticides); landfills; construction sites; and stock pile
areas (such as coal or limestone piles).
2. Stormwater controls.
a. Good housekeeping measures.
B. Stormwater controls. Good housekeeping measures.
(1) 1. Fugitive dust emissions. The permittee
shall describe and implement measures that prevent or minimize fugitive dust
emissions from coal and ash handling areas. The permittee shall minimize
off-site tracking of coal dust and ash. Control measures to consider include
installing specially designed tires, or washing vehicles in a designated area
before they leave the site, and controlling the wash water.
(2) 2. Delivery vehicles. The plan SWPPP
shall describe measures that prevent or minimize contamination of stormwater
runoff from delivery vehicles arriving on the plant site. At a minimum the
permittee shall consider the following:
(a) a. Develop procedures for the inspection of
delivery vehicles arriving on the plant site, and ensure overall integrity of
the body or container; and
(b) b. Develop procedures to deal with leakage
and spillage from vehicles or containers.
(3) 3. Fuel oil unloading areas. The plan
SWPPP shall describe measures that prevent or minimize contamination of
precipitation or surface runoff from fuel oil unloading areas. At a minimum the
permittee shall consider using the following measures, or an equivalent:
(a) a. Use of containment curbs in unloading
areas;
(b) b. During deliveries, having station
personnel familiar with spill prevention and response procedures present to
ensure that any leaks and spills are immediately contained and cleaned up; and
(c) c. Use of spill and overflow protection (e.g.,
drip. Drip pans, drip diapers, or other containment devices may
be placed beneath fuel oil connectors to contain potential spillage during
deliveries or from leaks at the connectors) connectors.
(4) 4. Chemical loading and unloading areas. The
permittee shall describe and implement measures that prevent or minimize the
contamination of precipitation or surface runoff from chemical loading and
unloading areas. At a minimum the permittee shall consider using the following
measures (or their equivalents):
(a) a. Use of containment curbs at chemical
loading and unloading areas to contain spills;
(b) b. During deliveries, having station
personnel familiar with spill prevention and response procedures present to
ensure that any leaks or spills are immediately contained and cleaned up; and
(c) c. Covering chemical loading and unloading
areas, and storing chemicals indoors.
(5) 5. Miscellaneous loading and unloading
areas. The permittee shall describe and implement measures that prevent or
minimize the contamination of stormwater runoff from loading and unloading
areas. The permittee shall consider the following, at a minimum (or their
equivalents):
(a) a. Covering the loading area;
(b) b. Grading, berming, or curbing around the
loading area to divert runon run-on; or
(c) c. Locating the loading and unloading
equipment and vehicles so that leaks are contained in existing containment and
flow diversion systems.
(6) 6. Liquid storage tanks. The permittee shall
describe and implement measures that prevent or minimize contamination of
stormwater runoff from aboveground liquid storage tanks. At a minimum the
permittee shall consider employing the following measures (or their
equivalents):
(a) a. Use of protective guards around tanks;
(b) b. Use of containment curbs;
(c) c. Use of spill and overflow protection; and
(d) d. Use of dry cleanup methods.
(7) 7. Large bulk fuel storage tanks. The
permittee shall describe and implement measures that prevent or minimize
contamination of stormwater runoff from large bulk fuel storage tanks. At a
minimum the permittee shall consider employing containment berms (or its
equivalent). The permittee shall also comply with applicable state and federal
laws, including Spill Prevention Control and Countermeasures (SPCC).
(8) 8. Spill reduction measures. The permittee
shall describe and implement measures to reduce the potential for an oil or
chemical spill, or reference the appropriate section of their SPCC plan. The
structural integrity of all aboveground tanks, pipelines, pumps and other
related equipment shall be visually inspected as part of the routine facility
inspection. All repairs deemed necessary based on the findings of the
inspections shall be completed immediately to reduce the incidence of spills
and leaks occurring from such faulty equipment.
(9) 9. Oil bearing equipment in switchyards. The
permittee shall describe and implement measures to prevent or minimize
contamination of surface runoff from oil bearing equipment in switchyard areas.
The permittee shall consider the use of level grades and gravel surfaces to
retard flows and limit the spread of spills, and the collection of stormwater
runoff in perimeter ditches.
(10) 10. Residue hauling vehicles. All residue
hauling vehicles shall be inspected for proper covering over the load, adequate
gate sealing and overall integrity of the container body. Vehicles without load
coverings or adequate gate sealing, or with leaking containers or beds shall be
repaired as soon as practicable.
(11) 11. Ash loading areas. The permittee shall
describe and implement procedures to reduce or control the tracking of ash and
residue from ash loading areas. Where practicable, clear the ash building floor
and immediately adjacent roadways of spillage, debris and excess water before
departure of each loaded vehicle.
(12) 12. Areas adjacent to disposal ponds or
landfills. The permittee shall describe and implement measures that prevent or
minimize contamination of stormwater runoff from areas adjacent to disposal
ponds or landfills. The permittee shall develop procedures to:
(a) a. Reduce ash residue which may be tracked
on to access roads traveled by residue trucks or residue handling vehicles; and
(b) b. Reduce ash residue on exit roads leading
into and out of residue handling areas.
(13) 13. Landfills, scrapyards, surface
impoundments, open dumps, general refuse sites. The plan SWPPP
shall address and include appropriate control measures to minimize the
potential for contamination of runoff from landfills, scrapyards, surface
impoundments, open dumps and general refuse sites.
b. Comprehensive site compliance evaluation. As part of the
evaluation, qualified facility personnel shall inspect the following areas on a
monthly basis: coal handling areas, loading and unloading areas, switchyards,
fueling areas, bulk storage areas, ash handling areas, areas adjacent to
disposal ponds and landfills, maintenance areas, liquid storage tanks, and long
term and short term material storage areas.
D. C. Numeric effluent limitations. Permittees
with point sources of coal pile runoff associated with steam electric power
generation shall monitor these stormwater discharges for the presence of TSS
and for pH at least annually (one time per year) in accordance with Part
I A 1 c (2).
E. D. Benchmark monitoring and reporting
requirements. Steam electric power generating facilities are required to
monitor their stormwater discharges for the pollutants of concern listed in
Table 220.
|
Table 220
Sector O – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Steam Electric Generating Facilities (Industrial Activity
Code "SE")
|
|
Total Recoverable Iron
|
1.0 mg/L
|
9VAC25-151-230. Sector P - Land transportation and
warehousing. (Repealed)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from ground transportation facilities and rail
transportation facilities (generally identified by SIC Codes 40, 41, 42, 43,
and 5171), that have vehicle and equipment maintenance shops (vehicle and
equipment rehabilitation, mechanical repairs, painting, fueling and
lubrication) or equipment cleaning operations. Also covered under this section
are facilities found under SIC Codes 4221 through 4225 (public warehousing and
storage) that do not have vehicle and equipment maintenance shops or equipment
cleaning operations.
B. Special conditions. Prohibition of nonstormwater
discharges. This permit does not authorize the discharge of vehicle, equipment,
or surface washwater, including tank-cleaning operations. Such discharges must
be authorized under a separate VPDES permit, discharged to a sanitary sewer in
accordance with applicable industrial pretreatment requirements, or recycled
on-site.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description. Site map. The site map shall identify
the locations of any of the following activities and indicate whether the
activities may be exposed to precipitation or surface runoff: fueling stations;
vehicle and equipment maintenance or cleaning areas; storage areas for vehicle
and equipment with actual or potential fluid leaks; loading and unloading
areas; areas where treatment, storage or disposal of wastes occur; liquid
storage tanks; processing areas; and storage areas.
2. Summary of potential pollutant sources. The plan shall
describe and assess the potential for the following to contribute pollutants to
stormwater discharges: on-site waste storage or disposal; dirt or gravel
parking areas for vehicles awaiting maintenance; plumbing connections between
shop floor drains and the stormwater conveyance system; and fueling areas.
3. Stormwater controls.
a. Good housekeeping.
(1) Vehicle and equipment storage areas. The storage of
vehicles and equipment awaiting maintenance with actual or potential fluid
leaks shall be confined to designated areas (delineated on the site map). The
permittee shall consider the following measures (or their equivalents): the use
of drip pans under vehicles and equipment; indoor storage of vehicles and
equipment; installation of berms or dikes; use of absorbents; roofing or
covering storage areas; and cleaning pavement surface to remove oil and grease.
(2) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize contamination of the stormwater
runoff from fueling areas. The permittee shall consider the following measures
(or their equivalents): covering the fueling area; using spill and overflow
protection and cleanup equipment; minimizing stormwater runon and runoff to the
fueling area; using dry cleanup methods; and treating or recycling collected
stormwater runoff.
(3) Material storage areas. Storage vessels of all
materials (e.g., for used oil or oil filters, spent solvents, paint wastes,
hydraulic fluids) shall be maintained in good condition, so as to prevent
contamination of stormwater, and plainly labeled (e.g., "used oil,"
"spent solvents," etc.). The permittee shall consider the following
measures (or their equivalents): indoor storage of the materials; installation
of berms and dikes around the areas, minimizing runoff of stormwater to the
areas; using dry cleanup methods; and treating or recycling the collected
stormwater runoff.
(4) Vehicle and equipment cleaning areas. The permittee
shall describe and implement measures that prevent or minimize contamination of
stormwater runoff from all areas used for vehicle and equipment cleaning. The
permittee shall consider the following measures (or their equivalents):
performing all cleaning operations indoors; covering the cleaning operation;
ensuring that all washwaters drain to a proper collection system (i.e., not the
stormwater drainage system unless VPDES permitted); and treating or recycling
the collected stormwater runoff.
(5) Vehicle and equipment maintenance areas. The permittee
shall describe and implement measures that prevent or minimize contamination of
the stormwater runoff from all areas used for vehicle and equipment
maintenance. The permittee shall consider the following measures (or their
equivalents): performing maintenance activities indoors; using drip pans;
keeping an organized inventory of materials used in the shop; draining all
parts of fluids prior to disposal; prohibiting wet clean up practices where the
practices would result in the discharge of pollutants to stormwater drainage
systems; using dry cleanup methods; treating or recycling collected stormwater
runoff; and minimizing runon and runoff of stormwater to maintenance areas.
(6) Locomotive sanding (loading sand for traction) areas.
The plan shall describe measures that prevent or minimize contamination of the
stormwater runoff from areas used for locomotive sanding. The permittee shall
consider the following measures (or their equivalents): covering sanding areas;
minimizing stormwater runon and runoff; or appropriate sediment removal
practices to minimize the off-site transport of sanding material by stormwater.
b. Routine facility inspections. The following areas and
activities shall be included in all inspections: storage area for vehicles and
equipment awaiting maintenance; fueling areas; indoor and outdoor vehicle and
equipment maintenance areas; material storage areas; vehicle and equipment
cleaning areas; and loading and unloading areas.
c. Employee training. Employee training shall take place,
at a minimum, annually (once per calendar year). Employee training shall
address the following as applicable: used oil and spent solvent management;
fueling procedures; general good housekeeping practices; proper painting
procedures; and used battery management.
D. Benchmark monitoring and reporting requirements. Land
transportation and warehousing facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in Table 230.
|
Table 230
Sector P - Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Land Transportation and Warehousing Facilities (SIC 4011,
4013, 4111-4173, 4212-4231, 4311, and 5171)
|
|
Total Petroleum Hydrocarbons (TPH) *
|
15.0 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
*Total Petroleum Hydrocarbons (TPH) is the sum of
individual gasoline range organics and diesel range organics (TPH-GRO and
TPH-DRO) to be measured by EPA SW 846 Method 8015 for gasoline and diesel
range organics, or by EPA SW 846 Methods 8260 Extended and 8270 Extended.
|
9VAC25-151-240. Sector Q - Water transportation and ship and
boat building or repairing yards.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with the
following industrial activity from water transportation facilities
(generally identified by SIC Major Group 44), that have vehicle (vessel)
maintenance shops or equipment cleaning operations. The water transportation
industry includes facilities engaged in foreign or domestic transport of
freight or passengers in deep sea or inland waters; marine cargo handling
operations; ferry operations; towing and tugboat services; and marinas. activities:
1. Water transportation facilities identified by SIC Codes
4412-4499 (except SIC Code 4499 facilities as specified in Sector N -
9VAC25-151-210). The water transportation industry includes facilities engaged
in foreign or domestic transport of freight or passengers in deep sea or inland
waters, marine cargo handling operations, ferry operations, towing and tugboat
services, and marinas.
2. Ship building and repairing and boat building and
repairing facilities identified by SIC Codes 3731 and 3732. The U.S. Coast
Guard refers to a vessel 65 feet or greater in length as a "ship" and
a vessel smaller than 65 feet as a "boat."
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: bilge and ballast
water, sanitary wastes, pressure wash water, and cooling water originating from
vessels.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations
where any of the following activities may be exposed to precipitation or
surface runoff: fueling; engine maintenance or repair; vessel maintenance or
repair; pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading and unloading areas; locations used for the treatment,
storage or disposal of wastes; liquid storage tanks; liquid storage areas
(e.g., paint, solvents, resins); and material storage areas (e.g., blasting
media, aluminum, steel, scrap iron).
b. Summary of potential pollutant sources. The plan shall
describe the following additional sources and activities that have potential
pollutants associated with them: outdoor manufacturing or processing activities
(i.e., welding, metal fabricating); and significant dust or particulate
generating processes (e.g., abrasive blasting, sanding, painting).
2. C. Stormwater controls.
a. 1. Good housekeeping.
(1) a. Pressure washing area. As defined by this
permit, process wastewater related to hull work at water transportation
facilities shall be any water used on a vessel's hull for any purpose,
regardless of application pressure, including but not limited to the
activities of removing marine salts, sediments, marine growth and paint, or
other hull, weather deck, or superstructure cleaning activities using water,
such as preparing those areas for inspection or work (cutting, welding,
grinding, coating, etc.). The discharge water shall be permitted as a process
wastewater by a separate VPDES permit.
(2) b. Blasting and painting areas. The
permittee shall describe and implement measures to prevent spent abrasives,
paint chips, and overspray from discharging into the receiving water or the
storm sewer system. The permittee may consider containing shall
contain all blasting or painting activities, or the use of
other measures to prevent or minimize the discharge of contaminants (e.g.,
hanging plastic barriers or tarpaulins during blasting or painting operations
to contain debris). Stormwater conveyances shall be regularly cleaned to remove
deposits of abrasive blasting debris and paint chips. The plan SWPPP
shall include any standard operating practices with regard to blasting and
painting activities, such as the prohibition of uncontained blasting or
painting over open water, or the prohibition of blasting or painting during
windy conditions which can render containment ineffective.
(3) c. Material storage areas. All containerized
materials (e.g., fuels, paints, solvents, waste oil, antifreeze, batteries)
shall be plainly labeled and stored in a protected, secure location away from
drains. The permittee shall describe and implement measures to prevent or
minimize the contamination of precipitation or surface runoff from the storage
areas. The plan SWPPP shall specify which materials are stored
indoors and consider containment or enclosure for materials that are stored
outdoors. The permittee shall consider implementing an inventory control plan
to limit the presence of potentially hazardous materials on-site. Where
abrasive blasting is performed, the plan SWPPP shall specifically
include a discussion on the storage and disposal of spent abrasive materials
generated at the facility.
(4) d. Engine maintenance and repair areas. The
permittee shall describe and implement measures to prevent or minimize
contamination of precipitation or surface runoff from all areas used for engine
maintenance and repair. The permittee shall consider the following measures (or
their equivalent): performing all maintenance activities indoors;,
maintaining an organized inventory of materials used in the shop;,
draining all parts of fluids prior to disposal;, prohibiting the
practice of hosing down the shop floor using dry cleanup methods;,
and treating or recycling stormwater runoff collected from the maintenance
area.
(5) e. Material handling areas. The permittee
shall describe and implement measures to prevent or minimize contamination of
precipitation or surface runoff from material handling operations and areas
(e.g., fueling, paint and solvent mixing, disposal of process wastewater
streams from vessels). The permittee shall consider the following measures (or
their equivalents): covering fueling areas; using spill and overflow
protection; mixing paints and solvents in a designated area (preferably indoors
or under a shed); and minimizing runon run-on of stormwater to
material handling areas.
(6) f. Drydock activities. The plan SWPPP
shall address the routine maintenance and cleaning of the drydock to minimize
the potential for pollutants in the stormwater runoff. The plan SWPPP
shall describe the procedures for cleaning the accessible areas of the drydock
prior to flooding and final cleanup after the vessel is removed and the dock is
raised. Cleanup procedures for oil, grease, or fuel spills occurring on the
drydock shall also be included within the plan SWPPP. The
permittee shall consider the following measures (or their equivalents):
sweeping rather than hosing off debris and spent blasting material from the
accessible areas of the drydock prior to flooding; and having absorbent
materials and oil containment booms readily available to contain or cleanup any
spills.
(7) g. General yard area. The plan SWPPP
shall include a schedule for routine yard maintenance and cleanup. Scrap metal,
wood, plastic, miscellaneous trash, paper, glass, industrial scrap, insulation,
welding rods, packaging, etc., shall be routinely removed from the
general yard area.
b. (1) Preventative Maintenance maintenance.
As part of the facility's preventive maintenance program, stormwater management
devices shall be inspected and maintained in a timely manner (e.g., oil/water
separators and sediment traps cleaned to ensure that spent abrasives, paint
chips and solids are intercepted and retained prior to entering the storm
drainage system). Facility equipment and systems shall also be inspected and
tested to uncover conditions that could cause breakdowns or failures resulting
in discharges of pollutants to surface waters.
c. (2) Routine facility inspections. The
following areas shall be included in all quarterly inspections: pressure
washing area; blasting, sanding, and painting areas; material storage areas;
engine maintenance and repair areas; material handling areas; drydock area; and
general yard area. The requirement for routine facility inspections is waived
for facilities that have maintained an active VEEP E3/E4 status.
d. (3) Employee training. Training shall
address, at a minimum, the following activities (as applicable): used oil
management;, spent solvent management;, disposal of
spent abrasives;, disposal of vessel wastewaters;,
spill prevention and control;, fueling procedures;,
general good housekeeping practices;, painting and blasting
procedures;, and used battery management.
D. Benchmark monitoring and reporting requirements. Water
transportation These facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in Table 240.
|
Table 240
Sector Q – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Water Transportation Facilities (SIC [ Codes ]
4412-4499 [ except 4499 as specified in Sector N ]) and
Ship and Boat Building or Repairing Yards (SIC Codes 3731 and 3732)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
9VAC25-151-250. Sector R - Ship and boat building or repair
yards. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities engaged in ship building and repairing and
boat building and repairing (SIC Code 373). (According to the U.S. Coast Guard,
a vessel 65 feet or greater in length is referred to as a ship and a vessel
smaller than 65 feet is a boat.)
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: bilge and ballast
water, pressure wash water, sanitary wastes, and cooling water originating from
vessels.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations
where any of the following activities may be exposed to precipitation or
surface runoff: fueling; engine maintenance or repair; vessel maintenance or
repair; pressure washing; painting; sanding; blasting; welding; metal
fabrication; loading and unloading areas; locations used for the treatment,
storage or disposal of wastes; liquid storage tanks; liquid storage areas
(e.g., paint, solvents, resins); and material storage areas (e.g., blasting
media, aluminum, steel, scrap iron).
b. Potential pollutant sources. The plan shall include a
description of the following additional sources and activities that have
potential pollutants associated with them (if applicable): outdoor
manufacturing and processing activities (e.g., welding, metal fabricating); and
significant dust and particulate generating processes (e.g., abrasive blasting,
sanding, painting).
2. Stormwater controls.
a. Good housekeeping measures.
(1) Pressure washing area. As defined by this permit,
process wastewater related to hull work at ship and boat building or repair
yard facilities shall be any water used on a vessel's hull for any purpose,
regardless of application pressure, including but not limited to the activities
of removing marine salts, sediments, marine growth and paint, or other hull,
weather deck, or superstructure cleaning activities using water, such as
preparing those areas for inspection or work (cutting, welding, grinding,
coating, etc.). The discharge water shall be permitted as a process wastewater
by a separate VPDES permit.
(2) Blasting and painting areas. The permittee shall
describe and implement measures to prevent spent abrasives, paint chips and
overspray from discharging into the receiving waterbody or the storm sewer
system. To prevent the discharge of contaminants, the permittee shall consider
containing all blasting and painting activities or using other methods, such as
hanging plastic barriers or tarpaulins during blasting or painting operations
to contain debris. The plan shall include a schedule for regularly cleaning storm
systems to remove deposits of abrasive blasting debris and paint chips. The
plan shall include any standard operating practices with regard to blasting and
painting activities, such as the prohibition of uncontained blasting or
painting over open water or the prohibition of blasting or painting during
windy conditions that can render containment ineffective.
(3) Material storage areas. All containerized materials
(fuels, paints, solvents, waste oil, antifreeze, batteries) shall be plainly
labeled and stored in a protected, secure location away from drains. The
permittee shall describe and implement measures to prevent or minimize
contamination of precipitation or surface runoff from the storage areas. The
permittee shall consider implementing an inventory control plan to limit the
presence of potentially hazardous materials on-site. Where abrasive blasting is
performed, the plan shall specifically include a discussion on the storage and
disposal of spent abrasive materials generated at the facility.
(4) Engine maintenance and repair areas. The permittee
shall describe and implement measures to prevent or minimize contamination of
precipitation or surface runoff from all areas used for engine maintenance and
repair. The permittee shall consider the following measures (or their
equivalent): performing all maintenance activities indoors; maintaining an
organized inventory of materials used in the shop; draining all parts of fluids
prior to disposal; prohibiting the practice of hosing down the shop floor; using
dry cleanup methods; and treating or recycling stormwater runoff
collected from the maintenance area.
(5) Material handling areas. The permittee shall describe
and implement measures to prevent or minimize contamination of precipitation or
surface runoff from material handling operations and areas (e.g., fueling,
paint and solvent mixing, disposal of process wastewater streams from vessels).
The permittee shall consider the following methods (or their equivalents):
covering fueling areas; using spill and overflow protection; mixing paints and
solvents in a designated area (preferably indoors or under a shed); and
minimizing runon of stormwater to material handling areas.
(6) Drydock activities. The plan shall address the routine
maintenance and cleaning of the drydock to minimize the potential for
pollutants in the stormwater runoff. The plan shall describe the procedures for
cleaning the accessible areas of the drydock prior to flooding and final
cleanup after the vessel is removed and the dock is raised. Cleanup procedures
for oil, grease, or fuel spills occurring on the drydock shall also be included
within the plan. The permittee shall consider the following measures (or their
equivalents): sweeping rather than hosing off debris and spent blasting
material from the accessible areas of the drydock prior to flooding and having
absorbent materials and oil containment booms readily available to contain or
cleanup any spills.
(7) General yard area. The plan shall include a schedule
for routine yard maintenance and cleanup. Scrap metal, wood, plastic,
miscellaneous trash, paper, glass, industrial scrap, insulation, welding rods,
packaging, etc., shall be routinely removed from the general yard area.
b. Preventative maintenance. As part of the facility's
preventive maintenance program, stormwater management devices shall be
inspected and maintained in a timely manner (e.g., oil/water separators and
sediment traps cleaned to ensure that spent abrasives, paint chips and solids
are intercepted and retained prior to entering the storm drainage system).
Facility equipment and systems shall also be inspected and tested to uncover
conditions that could cause breakdowns or failures resulting in discharges of
pollutants to surface waters.
c. Routine facility inspections. The following areas shall
be included in all quarterly routine facility inspections: pressure washing area;
blasting, sanding, and painting areas; material storage areas; engine
maintenance or repair areas; material handling areas; drydock area; and general
yard area. The requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4 status.
d. Employee training. Training shall address, at a minimum,
the following activities (as applicable): used oil management; spent solvent
management; proper disposal of spent abrasives; proper disposal of vessel
wastewaters, spill prevention and control; fueling procedures; general good
housekeeping practices; painting and blasting procedures; and used battery
management.
D. Benchmark monitoring and reporting requirements. Ship
and boat building or repairing yards are required to monitor their stormwater
discharges for the pollutants of concern listed in Table 250.
|
Table 250
Sector R - Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Ship and Boat Building or Repairing Yards (SIC 3731, 3732)
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
9VAC25-151-260. Sector S - Air transportation. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from air transportation facilities including airports,
airport terminal services, air transportation (scheduled and nonscheduled),
flying fields, air courier services, and establishments engaged in operating
and maintaining airports, and servicing, repairing or maintaining aircraft
(generally classified under SIC Code 45), which have vehicle maintenance shops,
material handling facilities, equipment cleaning operations, or airport or
aircraft deicing or anti-icing operations. For the purpose of this section, the
term "deicing" is defined as the process to remove frost, snow, or
ice and "anti-icing" is the process which prevents the accumulation
of frost, snow, or ice. Only those portions of the facility that are either
involved in vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication), equipment cleaning operations, or
deicing or anti-icing operations are addressed under this section.
B. Special definitions. The following definitions are only
for this section of the general permit:
"Aircraft deicing fluid" or "ADF"
means a fluid (other than hot water) applied to aircraft to remove or prevent
any accumulation of snow or ice on the aircraft. This includes deicing and
anti-icing fluids.
"Airfield pavement" means all paved surfaces on
the airside of an airport.
"Airside" means the part of an airport directly
involved in the arrival and departure of aircraft, including runways, taxiways,
aprons, and ramps.
"Annual non-propeller aircraft departures" means
the average number of commercial turbine-engine aircraft that are propelled by
jet (i.e., turbojet or turbofan) that take off from an airport on an annual
basis, as tabulated by the Federal Aviation Administration (FAA).
"Available ADF" means 75% of the normalized Type
I aircraft deicing fluid and 10% of the normalized Type IV aircraft deicing
fluid, excluding aircraft deicing fluids used for defrosting or deicing for
safe taxiing.
"Collection requirement" means, for new sources,
the requirement for permittee to collect available ADF.
"Defrosting" means the removal of frost
contamination from an aircraft when there has been no active precipitation.
"Deicing" mean procedures and practices to
remove or prevent any accumulation of snow or ice on:
1. An aircraft; or
2. Airfield pavement.
"Normalized Type I or Type IV aircraft deicing
fluid" means ADF less any water added by the manufacturer or customer
before ADF application.
"Primary airport" means an airport defined at 49 USC
§ 47102 (15).
C. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: aircraft, ground
vehicle, runway and equipment washwaters, and dry weather discharges of deicing
or anti-icing chemicals. These discharges must be covered by a separate VPDES
permit. Note: Discharge resulting from snowmelt is not a dry weather discharge.
D. Stormwater pollution prevention plan requirements.
SWPPPs developed for areas of the facility occupied by tenants of the airport
shall be integrated with the plan for the entire airport. For the purposes of
this permit, tenants of the airport facility include airline passenger or cargo
companies, fixed based operators and other parties who have contracts with the
airport authority to conduct business operations on airport property and whose
operations result in stormwater discharges associated with industrial activity.
In addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the location of
the following activities and indicate any of the activities that may be exposed
to precipitation or surface runoff: aircraft and runway deicing or anti-icing
operations; fueling stations; aircraft, ground vehicle and equipment
maintenance and cleaning areas; and storage areas for aircraft, ground vehicles
and equipment awaiting maintenance.
b. Summary of potential pollutant sources. The plan shall
include a narrative description of the potential pollutant sources from the
following activities: aircraft, runway, ground vehicle and equipment
maintenance and cleaning; aircraft and runway deicing or anti-icing operations
(including apron and centralized aircraft deicing or anti-icing stations,
runways, taxiways, and ramps). Facilities which conduct deicing or anti-icing
operations shall maintain a record of the types (including the safety data
sheets (SDS)) and monthly quantities of deicing or anti-icing chemicals used,
either as measured amounts, or in the absence of metering, as estimated
amounts. This includes all deicing or anti-icing chemicals, not just glycols
and urea (e.g., potassium acetate). Tenants and fixed-base operators who
conduct deicing or anti-icing operations shall provide the above information to
the airport authority for inclusion in the stormwater pollution prevention plan
for the entire facility.
c. Deicing season. The SWPPP shall define the average
seasonal timeframe (e.g., December-February, October-March, etc.) during which
deicing activities typically occur at the facility. Implementation of control
measures, including any BMPs, facility inspections, and effluent limitation
monitoring shall be conducted with particular emphasis throughout the defined
deicing season.
2. Stormwater controls.
a. Good housekeeping.
(1) Aircraft, ground vehicle and equipment maintenance
areas. The permittee shall describe and implement measures that prevent or
minimize the contamination of stormwater runoff from all areas used for
aircraft, ground vehicle and equipment maintenance (including the maintenance
conducted on the terminal apron and in dedicated hangars). Appropriate control
measures (or their equivalents) shall be implemented, such as the following
practices: performing maintenance activities indoors; maintaining an organized
inventory of materials used in the maintenance areas; draining all parts of
fluids prior to disposal; preventing the practice of hosing down the apron or
hangar floor; using dry cleanup methods; and collecting the stormwater runoff
from the maintenance area and providing treatment or recycling.
(2) Aircraft, ground vehicle and equipment cleaning areas.
Permittees shall ensure that cleaning of equipment is conducted in designated
areas only and clearly identify these areas on the ground and delineate them on
the site map. The permittee shall describe and implement measures that prevent
or minimize the contamination of the stormwater runoff from cleaning areas.
(3) Aircraft, ground vehicle and equipment storage areas.
The storage of aircraft, ground vehicles and equipment awaiting maintenance
shall be confined to designated areas (delineated on the site map). Appropriate
control measures, including any BMPs (or their equivalents) shall be
implemented, such as the following practices: indoor storage of aircraft and
ground vehicles; the use of drip pans for the collection of fluid leaks; and
perimeter drains, dikes or berms surrounding storage areas.
(4) Material storage areas. Storage vessels of all
materials (e.g., used oils, hydraulic fluids, spent solvents, and waste aircraft
fuel) shall be maintained in good condition, so as to prevent or minimize
contamination of stormwater, and plainly labeled (e.g., "used oil,"
"Contaminated Jet A," etc.). The permittee shall describe and
implement measures that prevent or minimize contamination of precipitation or
runoff from storage areas. Appropriate control measures (or their equivalents)
shall be implemented, such as the following practices: indoor storage of
materials; centralized storage areas for waste materials; and installation of
berms and dikes around storage areas.
(5) Airport fuel system and fueling areas. The permittee
shall describe and implement measures that prevent or minimize the discharge of
fuels to the storm sewer or surface waters resulting from fuel servicing activities
or other operations conducted in support of the airport fuel system.
Appropriate control measures (or their equivalents) shall be implemented, such
as the following practices: implementing spill and overflow practices (e.g.,
placing absorptive materials beneath aircraft during fueling operations); using
dry cleanup methods; and collecting the stormwater runoff.
b. Source reduction. The permittee shall minimize, and
where practicable eliminate, the use of urea and glycol-based deicing or
anti-icing chemicals in order to reduce the aggregate amount of deicing or
anti-icing chemicals used and lessen the environmental impact. Chemical options
to replace ethylene glycol, propylene glycol and urea include: potassium
acetate; magnesium acetate; calcium acetate; anhydrous sodium acetate.
(1) Runway deicing operations. The permittee shall minimize
contamination of stormwater runoff from runways as a result of deicing
operations. The permittee shall evaluate present application rates to ensure
against excessive over application by analyzing application rates and adjusting
as necessary, consistent with considerations of flight safety. Appropriate
control measures, (or their equivalents) shall be implemented, such as the
following practices: metered application of chemicals; prewetting dry chemical
constituents prior to application; installation of runway ice detection
systems; implementing anti-icing operations as a preventive measure against ice
buildup.
(2) Aircraft deicing operations. The permittee shall
minimize contamination of stormwater runoff from aircraft deicing operations.
The permittee shall determine whether excessive application of deicing
chemicals occurs, and adjust as necessary, consistent with considerations of
flight safety. This evaluation shall be carried out by the personnel most
familiar with the particular aircraft and flight operations in question (versus
an outside entity such as the airport authority). The use of alternative
deicing or anti-icing agents as well as containment measures for all applied
chemicals shall be considered. Appropriate control measures (or their
equivalents) shall be implemented for reducing deicing fluid use, such as the
following practices: forced-air deicing systems; computer-controlled
fixed-gantry systems; infrared technology; hot water; varying glycol content to
air temperature; enclosed-basket deicing trucks; mechanical methods; solar
radiation; hangar storage; aircraft covers; and thermal blankets for MD-80s and
DC-9s. The use of ice-detection systems and airport traffic flow strategies and
departure slot allocation systems shall also be considered where practicable.
c. Management of runoff. Where deicing operations occur,
the permittee shall implement a program to control or manage contaminated
runoff to minimize the amount of pollutants being discharged from the site. The
plan shall describe the controls used for collecting or containing contaminated
melt water from collection areas used for disposal of contaminated snow. The
following control measure options (or their equivalents) shall be considered:
establishing a dedicated deicing facility with a runoff collection and recovery
system; using vacuum or collection trucks; storing contaminated stormwater
water or deicing fluids in tanks and releasing controlled amounts to a publicly
owned treatment works; collecting contaminated runoff in a wet pond for
biochemical decomposition (be aware of attracting wildlife that may prove
hazardous to flight operations); and directing runoff into vegetative swales or
other infiltration measures. The plan shall consider the recovery of deicing
and anti-icing materials when these materials are applied during
nonprecipitation events (e.g., covering storm sewer inlets, using booms,
installing absorptive interceptors in the drains, etc.) to prevent these
materials from later becoming a source of stormwater contamination. Used
deicing fluid shall be recycled whenever possible.
d. Routine facility inspections. The inspection frequency
shall be specified in the plan. At a minimum, inspections shall be conducted
once per month during deicing and anti-icing season (e.g., October through
April for most airports). If deicing occurs before or after this period, the
inspections shall be expanded to include all months during which deicing chemicals
may be used.
e. Comprehensive site compliance evaluation. The annual
site compliance evaluations shall be conducted by qualified facility personnel
during periods of actual deicing operations, if possible. If not practicable
during active deicing or if the weather is too inclement, the evaluations shall
be conducted when deicing operations are likely to occur and the materials and
equipment for deicing are in place.
E. Numeric effluent limitations. The average deicing
season identified in the SWPPP is the time frame during which any effluent
limitation monitoring samples shall be obtained.
1. Airfield pavement deicing. Existing primary airports and
primary airports meeting the definition of a new source (new primary airports )
with at least 1,000 annual jet departures (non-propeller aircraft) that
discharge wastewater associated with airport pavement deicing comingled with
stormwater shall either use deicing products that do not contain urea or
alternatively, airfield pavement discharges at every discharge point shall
achieve the numeric limitations for ammonia in Table 260-1, prior to any
dilution or commingling with any non-deicing discharge. Primary airports that
only use deicing products that do not contain urea shall certify this fact
annually to the board. The certification shall be signed in accordance with
Part II K, and a copy of the certification shall be kept with the SWPPP.
|
Table 260-1
Sector S – Numeric Effluent Limitations, Existing and New Primary Airports
|
|
Airfield Pavement Deicing
|
|
Parameter
|
Effluent Limitations - Daily Maximum
|
|
Ammonia as Nitrogen
|
14.7 mg/L
|
2. Aircraft deicing. Airports meeting the definition of a
new source (new airports) with 10,000 annual departures, and located in cold
climate zones, shall collect at least 60% of available ADF after deicing. New
airports shall achieve the performance standards in Table 260-2 for available
ADF collected. The limitation shall be met at the location where the effluent
leaves the on-site treatment system utilized for meeting these requirements and
before commingling with any non-deicing discharge.
|
Table 260-2
Sector S – Numeric Effluent Limitations, New Primary Airports
|
|
Aircraft Deicing
|
|
Parameter
|
Effluent Limitations
|
|
Daily Maximum
|
Weekly Average
|
|
Chemical Oxygen Demand (COD)
|
271 mg/L
|
154 mg/L
|
3. Monitoring, reporting, and recordkeeping
requirements.
a. Demonstrating compliance with the ADF collection
requirement for dischargers subject to the requirements in subdivision 2 of
this subsection.
(1) The permittee shall maintain records with the SWPPP to
demonstrate that the airport is operating and maintaining one or more
centralized deicing pads and shall certify this annually to the board. The
certification shall be signed in accordance with Part II K, and a copy of the
certification shall be kept with the SWPPP.
The centralized deicing pad technology shall be operated
and maintained according to the technical specifications set forth in
subdivisions 3 a (1) (a) through (d) of this subsection. The demonstration and
valid certification are sufficient to meet the applicable collection
requirement without the permittee having to determine the numeric percentage of
available ADF collected.
(a) Each centralized deicing pad shall be sized and sited
in accordance with all applicable Federal Aviation Administration advisory
circulars.
(b) Drainage valves associated with the centralized deicing
pad shall be activated before deicing activities commence to collect available
ADF.
(c) The centralized deicing pad and associated collection
equipment shall be installed and maintained per any applicable manufacturers'
instructions and shall be inspected, at a minimum, at the beginning of each
deicing season to ensure that the pad and associated equipment are in working
condition.
(d) All aircraft deicing shall take place on a centralized
deicing pad, with the exception of defrosting and deicing for safe taxiing.
(2) The permittee shall maintain records with the SWPPP on
the volume of ADF sprayed and the amount of available ADF collected in order to
determine compliance with the collection requirement and shall report this
information annually to the department.
b. Monitoring requirements.
(1) COD limitation. Permittees subject to the ADF
collection and discharge requirements specified in subdivision 2 of this
subsection shall conduct effluent monitoring to demonstrate compliance with the
COD limitation for all ADF that is collected.
Compliance shall be demonstrated at the location where the
effluent leaves the on-site treatment system utilized for meeting these
requirements and before commingling with any non-deicing discharge. Effluent
samples shall be collected following the grab sample protocol in 40 CFR 449,
Appendix A.
(2) Ammonia limitation. If a permittee chooses to comply
with the compliance alternative specified in subdivision 1 of this subsection,
the permittee shall conduct effluent monitoring at all locations where pavement
deicing with a product that contains urea is occurring, prior to any dilution
or commingling with any non-deicing discharge.
c. Recordkeeping.
(1) The permittee shall maintain records with the SWPPP
documenting compliance with subdivisions 3 a and 3 b of this subsection. These
records include, but are not limited to, documentation of wastewater samples
collected and analyzed, certifications, and equipment maintenance schedules and
agreements.
(2) The permittee shall collect and maintain data with the
SWPPP on the annual volume of ADF used.
F. Benchmark monitoring and reporting requirements.
Stormwater discharges from those portions of air transportation facilities
where vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication) and equipment cleaning is
performed shall be sampled for the parameters listed in Table 260-3. Note: The
benchmark monitoring requirements apply year round and are not limited to the
deicing season.
|
Table 260-3
Sector S – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Air Transportation Facilities (SIC 45).
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Petroleum
Hydrocarbons (TPH)*
|
15.0 mg/L
|
|
*Total Petroleum Hydrocarbons (TPH) is the sum of
individual gasoline range organics and diesel range organics (TPH-GRO and
TPH-DRO) to be measured by EPA SW 846 Method 8015 for gasoline and diesel
range organics, or by EPA SW 846 Methods 8260 Extended and 8270 Extended.
|
9VAC25-151-270. Sector T - Treatment works. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system, used in the storage,
treatment, recycling, and reclamation of municipal or domestic sewage,
including lands dedicated to the disposal of sewage sludge that are located
within the confines of the facility with a design flow of 1.0 MGD or more, or
required to have an approved pretreatment program under 9VAC25-31-730
(Industrial Activity Code "TW"). Farm lands, domestic gardens or
lands used for sludge management where sludge is beneficially reused and that
are not physically located within the facility, or areas that are in compliance
with § 405 of the CWA are not required to have permit coverage.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: sanitary and
industrial wastewater; and equipment and vehicle washwaters.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: grit, screenings,
and other solids handling, storage, or disposal areas; sludge drying beds;
dried sludge piles; compost piles; septage or hauled waste receiving station;
and storage areas for process chemicals, petroleum products, solvents,
fertilizers, herbicides, and pesticides.
b. Summary of potential pollutant sources. The plan shall
include a description of the potential pollutant sources from the following
activities, as applicable: grit, screenings, and other solids handling,
storage, or disposal areas; sludge drying beds; dried sludge piles; compost
piles; septage or hauled waste receiving station; and access roads and rail
lines.
2. Stormwater controls.
a. Control measures. In addition to the other control
measures required by Part III B 4, the following measures shall be considered:
routing stormwater to the treatment works; or covering exposed materials (i.e.,
from the following areas: grit, screenings, and other solids handling, storage,
or disposal areas; sludge drying beds; dried sludge piles; compost piles;
septage or hauled waste receiving station).
b. Inspections. The following areas shall be included in
all inspections: access roads and rail lines, grit, screenings, and other
solids handling, storage, or disposal areas; sludge drying beds; dried sludge
piles; compost piles; septage or hauled waste receiving station areas.
c. Employee training. Employee training shall, at a
minimum, address the following areas when applicable to a facility: petroleum
product management; process chemical management; spill prevention and control;
fueling procedures; general good housekeeping practices; proper procedures for
using fertilizers, herbicides and pesticides.
9VAC25-151-280. Sector U - Food and kindred products.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from food and kindred products processing facilities (commonly
identified by SIC Code 20), including: meat products; dairy products
SIC Codes 2021-2026; canned, frozen and preserved fruits,
vegetables, and food specialties; grain mill products SIC Codes 2041-2048;
bakery products; sugar and confectionery products; and fats and
oils; beverages; and miscellaneous food preparations and kindred products
and tobacco products manufacturing (SIC Code 21) SIC Codes 2074-2079.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: boiler blowdown,
cooling tower overflow and blowdown, ammonia refrigeration purging, and vehicle
washing and clean-out operations.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations of
the following activities if they are exposed to precipitation or surface
runoff: vents and stacks from cooking, drying, and similar operations; dry
product vacuum transfer lines; animal holding pens; spoiled product; and broken
product container storage areas.
b. Summary of potential pollutant sources. In addition to
food and kindred products processing-related industrial activities, the plan
shall also describe application and storage of pest control chemicals (e.g.,
rodenticides, insecticides, fungicides, etc.) used on plant grounds.
2. Stormwater controls.
a. Routine facility inspections. At a minimum, the
following areas, where the potential for exposure to stormwater exists, shall
be inspected on a quarterly basis: loading and unloading areas for all
significant materials; storage areas, including associated containment areas;
waste management units; vents and stacks emanating from industrial activities;
spoiled product and broken product container holding areas; animal holding
pens; staging areas; and air pollution control equipment. The requirement for
routine facility inspections is waived for facilities that have maintained an
active VEEP E3/E4 status.
b. Employee training. The employee training program shall
also address pest control.
D. C. Benchmark monitoring and reporting
requirements. Dairy products, grain mills and fats and oils products facilities
are required to monitor their stormwater discharges for the pollutants of
concern listed in Table 280.
|
Table 280
Sector U – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Dairy Products (SIC Codes 2021-2026)
|
|
Biochemical Oxygen Demand (BOD5)
|
30 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Grain Mill Products (SIC Codes 2041-2048)
|
|
Total Kjeldahl Nitrogen (TKN)
|
1.5 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Fats and Oils Products (SIC Codes 2074-2079)
|
|
Biochemical Oxygen Demand (BOD5)
|
30 mg/L
|
|
Total Nitrogen
|
2.2 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
9VAC25-151-290. Sector V - Textile mills, apparel, and other
fabric products. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from textile mills, apparel and other fabric product
manufacturing, generally described by SIC 22 and 23. This section also covers
facilities engaged in manufacturing finished leather and artificial leather
products (SIC 31, except 3111). Facilities in this sector are primarily engaged
in the following activities: textile mill products, of and regarding facilities
and establishments engaged in the preparation of fiber and subsequent
manufacturing of yarn, thread, braids, twine, and cordage, the manufacturing of
broad woven fabrics, narrow woven fabrics, knit fabrics, and carpets and rugs
from yarn; processes involved in the dyeing and finishing of fibers, yarn
fabrics, and knit apparel; the integrated manufacturing of knit apparel and
other finished articles of yarn; the manufacturing of felt goods (wool), lace
goods, nonwoven fabrics, miscellaneous textiles, and other apparel products.
B. Special conditions. Prohibition of nonstormwater
discharges. In addition to the general nonstormwater prohibition in Part I B 1,
the following discharges are not covered by this permit: discharges of
wastewater (e.g., wastewater as a result of wet processing or from any
processes relating to the production process); reused or recycled water; and
waters used in cooling towers. These discharges must be covered under a
separate VPDES permit.
C. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description. Summary of potential pollutant
sources. The plan shall include a description of the potential pollutant
sources from the following activities: industry-specific significant materials
and industrial activities (e.g., backwinding, beaming, bleaching, backing,
bonding carbonizing, carding, cut and sew operations, desizing, drawing,
dyeing, flocking, fulling, knitting, mercerizing, opening, packing, plying,
scouring, slashing, spinning, synthetic-felt processing, textile waste
processing, tufting, turning, weaving, web forming, winging, yarn spinning, and
yarn texturing).
2. Stormwater controls.
a. Good housekeeping measures.
(1) Material storage areas. All containerized materials
(e.g., fuels, petroleum products, solvents, dyes, etc.) shall be clearly
labeled and stored in a protected area, away from drains. The permittee shall
describe and implement measures that prevent or minimize contamination of
stormwater runoff from such storage areas, and shall include a description of
the containment area or enclosure for those materials that are stored outdoors.
The permittee may consider an inventory control plan to prevent excessive
purchasing of potentially hazardous substances. The permittee shall ensure that
empty chemical drums and containers are clean (triple-rinsing shall be
considered) and residuals are not subject to contact with precipitation or
runoff. Washwater from these cleanings shall be collected and disposed of
properly.
(2) Material handling area. The permittee shall describe
and implement measures that prevent or minimize contamination of the stormwater
runoff from materials handling operations and areas. The permittee shall
consider the following measures (or their equivalents): use of spill and
overflow protection; covering fueling areas; and covering and enclosing areas
where the transfer of materials may occur. Where applicable, the plan shall
address the replacement or repair of leaking connections, valves, transfer
lines and pipes that may carry chemicals, dyes, or wastewater.
(3) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize contamination of the stormwater
runoff from fueling areas. The permittee shall consider the following measures
(or their equivalents): covering the fueling area; using spill and overflow
protection; minimizing runon of stormwater to the fueling areas; using dry
cleanup methods; and treating or recycling stormwater runoff collected from the
fueling area.
(4) Aboveground storage tank areas. The permittee shall
describe and implement measures that prevent or minimize contamination of the
stormwater runoff from aboveground storage tank areas, including the associated
piping and valves. The permittee shall consider the following measures (or
their equivalents): regular cleanup of these areas; preparation of a spill
prevention control and countermeasure program (SPCC) to provide spill and
overflow protection; minimizing runon of stormwater from adjacent areas;
restricting access to the area; insertion of filters in adjacent catch basins;
absorbent booms in unbermed fueling areas; use of dry cleanup methods; and
permanently sealing drains within critical areas that may discharge to a storm
drain.
b. Routine facility inspections. Inspections shall be
conducted at least monthly, and shall include the following activities and
areas (at a minimum): transfer and transmission lines; spill prevention; good
housekeeping practices; management of process waste products; all structural
and nonstructural management practices. The requirement for routine facility
inspections is waived for facilities that have maintained an active VEEP E3/E4
status.
c. Employee training. Employee training shall, at a minimum
address, the following areas when applicable to a facility: use of reused or
recycled waters; solvents management; proper disposal of dyes; proper disposal
of petroleum products and spent lubricants; spill prevention and control;
fueling procedures; and general good housekeeping practices.
9VAC25-151-300. Sector W - Furniture and fixtures. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities involved in the manufacturing of wood
kitchen cabinets (generally described by SIC Code 2434), and furniture and
fixtures (generally classified under SIC Major Group 25), including: household
furniture (SIC 251); office furniture (SIC 252); public buildings and related
furniture (SIC 253); partitions, shelving, lockers, and office and store
fixtures (SIC 254); and miscellaneous furniture and fixtures (SIC 259).
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following item:
Site Map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: material storage
areas (including tanks or other vessels used for liquid or waste storage);
outdoor material processing areas; areas where wastes are treated, stored or
disposed; access roads; and rail spurs.
9VAC25-151-310. Sector X - Printing and publishing. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from printing and publishing facilities (generally
classified under SIC Major Group 27), and include the following types of
facilities: newspaper, periodical, and book publishing and printing (SIC Codes
271 through 273); miscellaneous publishing (SIC Code 274); commercial printing
(SIC Code 275); manifold business forms, greeting cards, bankbooks, looseleaf
binders and book binding and related work (SIC Codes 276 through 278); and
service industries for the printing trade (SIC 279).
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items:
1. Site description. Summary of potential pollutant
sources. The plan shall include a description of the following additional
sources and activities that have potential pollutants associated with them, as
applicable: loading and unloading operations; outdoor storage activities;
significant dust or particulate generating processes; and on-site waste
disposal practices (e.g., blanket wash). Also, the pollutant or pollutant
parameter (e.g., oil and grease, scrap metal, etc.) associated with each
pollutant source shall be identified.
2. Stormwater controls.
a. Good housekeeping measures.
(1) Material storage areas. All containerized materials
(skids, pallets, solvents, bulk inks, and hazardous waste, empty drums, portable
or mobile containers of plant debris, wood crates, steel racks, fuel oil, etc.)
shall be properly labeled and stored in a protected area, away from drains. The
permittee shall describe and implement measures that prevent or minimize
contamination of the stormwater runoff from such storage areas and shall
include a description of the containment area or enclosure for those materials
which are stored outdoors. The permittee may consider an inventory control plan
to prevent excessive purchasing of potentially hazardous substances.
(2) Material handling areas. The permittee shall describe
and implement measures that prevent or minimize contamination of the stormwater
runoff from material handling operations and areas (e.g., blanket wash, mixing
solvents, loading and unloading materials). The permittee shall consider the
following measures (or their equivalents): the use of spill and overflow
protection; covering fuel areas; and covering or enclosing areas where the
transfer of materials may occur. When applicable, the plan shall address the
replacement or repair of leaking connections, valves, transfer lines and pipes
that may carry chemicals, or wastewater.
(3) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize contamination of the stormwater
runoff from fueling areas. The permittee shall consider the following measures
(or their equivalents): covering the fueling area; using spill and overflow
protection; minimizing runon of stormwater to the fueling area; using dry
cleanup methods; and treating or recycling stormwater runoff collected from the
fueling areas.
(4) Aboveground storage tank areas. The permittee shall
describe and implement measures that prevent or minimize contamination of the
stormwater runoff from aboveground storage tank areas, including the associated
piping and valves. The permittee shall consider the following measures (or
their equivalents): regular cleanup of these areas; preparation of a spill
prevention control and countermeasure program (SPCC) to provide spill and
overflow protection; minimizing runon of stormwater from adjacent facilities
and properties; restricting access to the area; insertion of filters in
adjacent catch basins; absorbent booms in unbermed fueling areas; use of dry cleanup
methods; and permanently sealing drains within critical areas that may
discharge to a storm drain.
b. Employee training. Employee training shall, at a
minimum, address the following areas when applicable to a facility: spent
solvent management; spill prevention and control; used oil management; fueling
procedures; and general good housekeeping practices.
9VAC25-151-320. Sector Y - Rubber, miscellaneous plastic
products, and miscellaneous manufacturing industries.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from rubber and miscellaneous plastic products
manufacturing facilities (SIC Major Group 30) and miscellaneous
manufacturing industries, except jewelry, silverware, and plated ware (SIC
Major Group 39, except 391), SIC Codes 3011, 3021, 3052, [ 3053, ]
3061, and 3069.
B. Stormwater pollution prevention plan SWPPP
requirements. In addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items:
1. Site description. Summary of potential pollutant sources.
Rubber manufacturing facilities shall review the use of zinc at the facility
and the possible pathways through which zinc may be discharged in stormwater
runoff.
2. Stormwater controls.
a. Controls for rubber manufacturers. Rubber manufacturing
facilities shall describe and implement specific controls to minimize the
discharge of zinc in stormwater discharges from the facility. Listed below are
possible sources of zinc. These shall be reviewed and the accompanying control
measures (or their equivalents) shall be considered documented in
the SWPPP. Also, some general control measure options to consider include:
using chemicals that are purchased in pre-weighed, sealed polyethylene bags;
storing materials that are in use in sealable containers; ensuring an airspace
between the container and the cover to minimize "puffing" losses when
the container is opened; and using automatic dispensing and weighing equipment.
(1) Zinc bags. All permittees shall review the handling and
storage of zinc bags at their facilities. Following are some control measure
options: employee training regarding the handling and storage of zinc bags;
indoor storage of zinc bags; cleanup of zinc spills without washing the zinc
into the storm drain; and the use of 2,500-pound sacks of zinc rather than 50-
to 100-pound sacks.
(2) Dumpsters. The permittee shall minimize discharges of zinc
from dumpsters. Following are some control measure options: provide a cover for
the dumpster; move the dumpster to an indoor location; or provide a lining for
the dumpster.
(3) Dust collectors or baghouses. Permittees shall minimize
contributions of zinc to stormwater from dust collectors and baghouses.
Improperly operating dust collectors and baghouses shall be replaced or
repaired as appropriate.
(4) Grinding operations. Permittees shall minimize
contamination of stormwater as a result of dust generation from rubber grinding
operations. One control measure option is to install a dust collection system.
(5) Zinc stearate coating operations. Permittees shall
minimize the potential for stormwater contamination from drips and spills of
zinc stearate slurry that may be released to the storm drain. One control
measure option is to use alternative compounds to zinc stearate.
b. Controls for plastic products manufacturers. Plastic
products manufacturing facilities shall describe and implement specific
controls to minimize the discharge of plastic resin pellets in stormwater
discharges from the facility. The following control measures (or their
equivalents) shall be considered documented in the SWPPP:
minimizing spills; cleaning up of spills promptly immediately and
thoroughly; sweeping thoroughly; pellet capturing; employee education; and
disposal precautions.
C. Benchmark monitoring and reporting requirements. Rubber
product manufacturing facilities are required to monitor their stormwater
discharges for the pollutants of concern listed in Table 320.
|
Table 320
Sector Y – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Tires and Inner Tubes; Rubber Footwear; Gaskets, Packing and
Sealing Devices; Rubber Hose and Belting; and Fabricated Rubber Products, Not
Elsewhere Classified (SIC Codes 3011 [ - , 3021, 3052,
3053, 3061, and ] 3069).
|
|
Total Recoverable Zinc
|
120 µg/L
|
9VAC25-151-330. Sector Z - Leather tanning and finishing.
(Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from leather tanning, currying and finishing (commonly
identified by SIC Code 3111).
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: processing and
storage areas of the beamhouse, tanyard, retan-wet finishing and dry finishing
operations.
b. Summary of potential pollutant sources. A description of
potential pollutant sources including (as appropriate): temporary or permanent
storage of fresh and brine cured hides; leather dust, scraps, trimmings and
shavings; and extraneous hide substances and hair.
2. Stormwater controls.
a. Good housekeeping.
(1) Storage areas for raw, semiprocessed, or finished
tannery by-products. Pallets and bales of raw, semiprocessed or finished
tannery by-products (e.g., splits, trimmings, shavings, etc.) shall be stored
indoors or protected by polyethylene wrapping, tarpaulins, roofed storage area
or other suitable means. Materials shall be placed on an impermeable surface,
the area shall be enclosed or bermed, or other equivalent measures shall be
employed to prevent runon or runoff of stormwater.
(2) Material storage areas. Storage units of all materials
should be labeled (e.g., specific chemicals, hazardous materials, spent
solvents, waste materials). The permittee shall describe and implement measures
that prevent or minimize contact with stormwater.
(3) Buffing and shaving areas. The permittee shall describe
and implement measures that prevent or minimize contamination of the stormwater
runoff with leather dust from buffing and shaving areas. The permittee may
consider dust collection enclosures, preventive inspection and maintenance
programs or other appropriate preventive measures.
(4) Receiving, unloading, and storage areas. The permittee
shall describe and implement measures that prevent or minimize contamination of
the stormwater runoff from receiving, unloading, and storage areas. The
following measures (or their equivalents) shall be considered for exposed
receiving, unloading and storage areas: hides and chemical supplies protected
by a suitable cover; diversion of drainage to the process sewer; and grade
berming or curbing area to prevent runoff of stormwater.
(5) Outdoor storage of contaminated equipment. The
permittee shall describe and implement measures that prevent or minimize
contact of stormwater with contaminated equipment. The following measures (or
their equivalents) shall be considered: equipment protected by suitable cover;
diversion of drainage to the process sewer; thorough cleaning prior to storage.
(6) Waste management. The permittee shall describe and
implement measures that prevent or minimize contamination of the stormwater
runoff from waste storage areas. The permittee shall consider the following
measures (or their equivalents): inspection and maintenance programs for
leaking containers or spills; covering dumpsters; moving waste management
activities indoors; covering waste piles with temporary covering material such
as tarpaulins or polyethylene; and minimizing stormwater runoff by enclosing
the area or building berms around the area.
C. Benchmark monitoring and reporting requirements.
Leather tanning and finishing facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in Table 330.
|
Table 330
Sector Z – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Leather Tanning and Finishing (SIC 3111)
|
|
Total Kjeldahl Nitrogen (TKN)
|
1.5 mg/L
|
9VAC25-151-340. Sector AA - Fabricated metal products.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from the following fabricated metals [ industry
industries ] listed below, except for electrical related
industries: fabricated metal products, except machinery and transportation
equipment (SIC Code 34);, SIC Codes 3411-3471, [ 3471 3479 ],
and 3482-3499; and jewelry, silverware, and plated ware (SIC Code 391),
SIC Codes 3911-3915.
B. Stormwater pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site Map. The site map shall identify where any of the
following may be exposed to precipitation or surface runoff: raw metal storage
areas; finished metal storage areas; scrap disposal collection sites; equipment
storage areas; retention and detention basins; temporary or permanent diversion
dikes or berms; right-of-way or perimeter diversion devices; sediment traps or
barriers; processing areas including outside painting areas; wood preparation;
recycling; and raw material storage.
b. Spills and Leaks. When listing significant spills and
leaks, the permittee shall pay attention to the following materials, at a
minimum: chromium, toluene, pickle liquor, sulfuric acid, zinc and other water
priority chemicals and hazardous chemicals and wastes.
c. Summary of potential pollutant sources. The plan shall
include a description of the potential pollutant sources from the following
activities: loading and unloading operations for paints, chemicals and raw
materials; outdoor storage activities for raw materials, paints, empty
containers, corn cob, chemicals, scrap metals; outdoor manufacturing or
processing activities such as grinding, cutting, degreasing, buffing, brazing,
etc.; and on-site waste disposal practices for spent solvents, sludge, pickling
baths, shavings, ingots pieces, refuse and waste piles.
2. Stormwater controls.
a. Good housekeeping.
(1) Raw steel handling storage. The permittee shall
describe and implement measures for managing or recovering scrap metals, fines,
and iron dust, including measures for containing materials within storage
handling areas.
(2) Paints and painting equipment. The permittee shall
describe and implement measures to prevent or minimize exposure of paint and
painting equipment from exposure to stormwater.
b. Spill prevention and response procedures. The permittee
shall ensure that the necessary equipment to implement a cleanup is available
to personnel. The following areas shall be addressed:
(1) Metal fabricating areas. The permittee shall describe
and implement measures for maintaining clean, dry, orderly conditions in these
areas. Use of dry clean-up techniques shall be considered in the plan.
(2) Storage areas for raw metal. The permittee shall
describe and implement measures to keep these areas free of conditions that
could cause, or impede appropriate timely response to, spills or leakage of
materials. The following measures (or their equivalents) shall be considered:
storage areas maintained such that there is easy access in the event of a
spill; stored materials labeled to aid in identifying spill contents.
(3) Metal working fluid storage areas. The permittee shall
describe and implement measures for storage of metal working fluids.
(4) Cleaners and rinse water. The permittee shall describe
and implement measures to control and clean up spills of solvents and other
liquid cleaners; control sand buildup and disbursement from sand-blasting
operations; and prevent exposure of recyclable wastes. Environmentally benign
cleaners shall be substituted when possible.
(5) Lubricating oil and hydraulic fluid operations. The
permittee shall describe and implement measures to minimize the potential for
stormwater contamination from lubricating oil and hydraulic fluid operations.
The permittee shall consider using devices or monitoring equipment or other
devices to detect and control leaks and overflows. The installation of
perimeter controls such as dikes, curbs, grass filter strips, or other
equivalent measures shall also be considered.
(6) Chemical storage areas. The permittee shall describe
and implement proper storage methods that prevent stormwater contamination and
accidental spillage. The plan shall include a program to inspect containers,
and identify proper disposal methods.
c. Inspections. Metal fabricators shall at a minimum
include the following areas for inspection: raw metal storage areas; finished
product storage areas; material and chemical storage areas; recycling areas;
loading and unloading areas; equipment storage areas; paint areas; and vehicle
fueling and maintenance areas.
d. Comprehensive site compliance evaluation. The site
compliance evaluation shall also include inspections of: areas associated with
the storage of raw metals; storage of spent solvents and chemicals; outdoor
paint areas; and roof drainage. Potential pollutants include chromium, zinc,
lubricating oil, solvents, aluminum, oil and grease, methyl ethyl ketone, steel
and other related materials.
C. B. Benchmark monitoring and reporting
requirements. Metal fabricating facilities are required to monitor their stormwater
discharges for the pollutants of concern listed in Table 340.
|
Table 340
Sector AA – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Fabricated Metal Products Except Coating (SIC Codes
3411-3471, 3482-3499, 3911-3915)
|
|
Total Recoverable Aluminum
|
750 µg/L
|
|
Total Recoverable Iron
|
1.0 mg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Fabricated Metal Coating and Engraving (SIC Code
3479)
|
|
Total Recoverable Zinc
|
120 µg/L
|
9VAC25-151-350. Sector AB - Transportation equipment,
industrial, or commercial machinery.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from transportation equipment, and industrial
or commercial machinery manufacturing facilities (commonly described by SIC
Major Group 35 (except SIC Code 357), and SIC Major Group 37 (except SIC Code
373)) commonly described by SIC Codes 3511-3599, except SIC Codes
3571-3579.
B. Stormwater pollution prevention plan SWPPP
requirements. In addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following item:
Site description. [ Site map. ] The site map
shall identify where any of the following may be exposed to precipitation or
surface runoff: vents and stacks from metal processing and similar operations.
C. Benchmark monitoring and reporting requirements.
Transportation equipment manufacturing facilities are required to monitor their
stormwater discharges for the pollutants of concern listed in Table 350.
|
Table 350
Sector AB – Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Transportation equipment manufacturing facilities (SIC
35, except 357, and SIC 37, except 373) (SIC Codes 3511-3599 except
SIC Codes 3571-3579)
|
|
Total Petroleum Hydrocarbons (TPH)*
|
15.0 mg/L
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
|
Total Recoverable Copper
|
18 µg/L
|
|
Total Recoverable Zinc
|
120 µg/L
|
|
*Total Petroleum Hydrocarbons (TPH) is the sum of individual
gasoline range organics and diesel range organics (TPH-GRO and TPH-DRO) to be
measured by EPA SW 846 Method 8015 for gasoline and diesel range organics, or
by EPA SW 846 Methods 8260 Extended and 8270 Extended.
|
9VAC25-151-360. Sector AC - Electronic, electrical equipment
and components, photographic and optical goods. (Repealed.)
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges associated with
industrial activity from facilities that manufacture: electronic and other
electrical equipment and components, except computer equipment (SIC Major Group
36); measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks (SIC Major Group 38) and computer and
office equipment (SIC Code 357).
B. Additional requirements. No additional sector-specific
requirements apply to this sector.
9VAC25-151-370. Sector AD - Nonclassified [ facilities/stormwater
facilities or stormwater ] discharges designated by the board as
requiring permits.
A. Discharges covered under this section. Sector AD is used
to provide permit coverage for facilities designated by the board as needing a
stormwater permit under the provisions of 9VAC25-31-120 A 1 c or under 9VAC25-31-120
A 7 a (1) or (2) of the VPDES Permit Regulation. Therefore, almost any type of
stormwater discharge could may be covered under this sector.
Permittees shall be assigned to Sector AD by the board and may not choose
Sector AD as the sector describing the facility's activities.
B. Additional requirements. No additional sector-specific
requirements apply to this sector.
C. B. Benchmark monitoring and reporting
requirements. Nonclassified facilities/stormwater discharges designated by
the board as requiring permits are required to monitor their stormwater
discharges for the pollutants of concern listed in Table 370. The board
shall establish any additional monitoring requirements for your facility prior
to authorizing coverage under this permit.
|
Table 370
Sector AD - Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Nonclassified Facilities/Stormwater Discharges Designated
By the Board As Requiring Permits
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
9VAC25-151-380. Sector AE - Facilities with no analytical
benchmark monitoring requirements.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities with SIC Codes 2611, 2621, 2652-2657,
2833-2836, 2851, 2861-2869, 2891-2899, 3952, [ 2992,
2999, ] 3211, 3221, 3229, 3231, 3241, 3281, 3291-3299,
3331-3339, 3398, 3399, 3341, 1311, 1321, 1381-1389, 2911, 4512-4581,
Treatment Works (TW), 2011-2015, 2032-2038, 2051-2053, 2061-2068,
2082-2087, 2091-2099, 2111-2141, 2211-2299, 2311-2399,
3131-3199, 2434, 2511-2599, 2711-2796, 3081-3089, 3931,
3942-3949, 3951-3955 (except 3952 [ facilities as
specified in Sector C ]), 3961, 3965, 3991-3999, 3111,
3711-3799 (except 3731 and 3732 as identified in Sector Q), 3571-3579,
3612-3699, and 3812-3873.
B. No additional sector-specific requirements apply to
this sector.
9VAC25-151-390. Sector AF- Facilities limited to total
suspended solids benchmark monitoring requirements.
A. Discharges covered under this section. The requirements
listed under this section apply to stormwater discharges associated with
industrial activity from facilities with SIC Codes [ 2411, 2421,
2426, 2429, 2431-2433, 2435-2439, 2441, 2448, 2449, 2451, 2452,
2493, ] 4011, 4013, 4111-4173, 4212-4231, 4311, and
5171.
B. Benchmark monitoring and reporting requirements.
Facilities or stormwater discharges included in this sector are required to
monitor their stormwater discharges for the pollutants of concern listed in
Table 390.
|
Table 390
Sector AF- Benchmark Monitoring Requirements
|
|
Pollutants of Concern
|
Benchmark Concentration
|
|
Facilities Limited to Total Suspended Solids Benchmark
Monitoring Requirements
|
|
Total Suspended Solids (TSS)
|
100 mg/L
|
VA.R. Doc. No. R18-5397; Filed April 23, 2019, 10:38 a.m.
TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.) and Chapters 24 (§ 62.1-242 et seq.) and 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01 of the Code of Virginia; (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 of the Code of Virginia; and (iv) conducts at least one public hearing on the proposed general permit. The State Water Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining (amending 9VAC25-190-10, 9VAC25-190-15, 9VAC25-190-20, 9VAC25-190-50, 9VAC25-190-60, 9VAC25-190-70).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.
Effective Date: July 1, 2019.
Agency Contact: Peter Sherman, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4044, FAX (804) 698-4032, or email peter.sherman@deq.virginia.gov.
Small Business Impact Review Report of Findings: This final regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Nonmetallic Mineral Mining has existed since 1994. This general permit contains effluent limitations, monitoring requirements, and special conditions for discharges of process wastewater, which may be commingled with stormwater, and stormwater associated with industrial activity to surface waters. The amendments to the regulation are being made to reissue this general permit.
The amendments:
• Remove monitoring for total petroleum hydrocarbons for outfalls that contain process wastewater from vehicle or equipment degreasing activities based on low levels in reported data;
• Require the registration statement safety data sheet information and dosing rate treatment chemicals added to wastewater or stormwater that could be discharged;
• Add a new provision that restricts permit coverage for the use of cationic flocculants unless approved by the department based on a demonstration of no aquatic toxicity;
• Remove the special condition addressing special water quality standards in the Chickahominy watershed based on revisions to the applicability of those standards;
• Add best management practices requirements for blasting;
• Add a list of authorized nonstormwater discharges;
• Merge the comprehensive site compliance evaluation with the routine inspection provisions;
• Waive routine facility inspection requirements for Virginia Environmental Excellence Program E3 and E4 facilities; and
• Require applicants submit their state corporation entity identification number if the facility is required to obtain an entity identification number.
The substantive changes since the proposed stage require a demonstration of no aquatic toxicity for all added chemicals that could be discharged with the registration statement and require training at active mining sites and at temporarily inactive sites that are staffed.
9VAC25-190-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules of activities, practices (and prohibitions of practices), structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to surface waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site [ run-off runoff ], spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"Colocated facility" means an industrial activity other than mineral mining operating on a site where the primary industrial activity is mineral mining. Such an activity must have wastewater characteristics similar to those of the mineral mine and be located within the permitted mining area. The term refers to activities that are commonly found at mining sites such as manufacturing of ready-mix concrete (SIC Code 3273) 3273, NAICS Code 327320), concrete products (SIC Codes 3271 and 3272) 3271 and 3272, NAICS Codes 327331, 327332, and 327390), and asphalt paving materials (SIC Code 2951) 2951, NAICS Code 324121) except asphalt emulsion manufacturing. It does not mean industrial activity that is specifically excluded from this permit.
"Control measure" means any best management practice or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to surface waters.
"Department" or "DEQ" means the Virginia Department of Environmental Quality.
[ "Inactive mining operations" means mining sites that are not being actively mined, but which have an identifiable owner or operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. ]
"Industrial activity" means activity associated with mineral mining facilities generally identified by SIC Major Group 14 including active or inactive mining operations that discharge stormwater that has come into contact with any overburden, raw material, intermediate products, finished products, by-products or waste products located on the site of such operations. This includes activity at facilities or those portions of a facility where the primary purpose is classified as:
1. North American Industry Classification System (NAICS) Code 212311 - Dimension Stone Mining and Quarrying, and Standard Industrial Classification (SIC) Code 1411 - Dimension Stone;
2. NAICS Code 212312 - Crushed and Broken Limestone Mining and Quarrying, and SIC Code 1422 Crushed and Broken Limestone;
3. NAICS Code 212313 - Crushed and Broken Granite Mining and Quarrying, and SIC Code 1423 -Crushed and Broken Granite;
4. NAICS Code 212319 - Crushed and Broken Stone not elsewhere classified (NEC), and SIC Code 1429 Crushed and Broken Stone NEC;
5. NAICS Code 212321 - Construction Sand and Gravel, and SIC Code 1442 - Construction Sand and Gravel;
6. NAICS Code 212324 - Kaolin and Ball Clay Mining, and SIC Code 1455 - Kaolin and Ball Clay;
7. NAICS Code 212325 - Clay and Ceramic and Refractory Minerals Mining, and SIC Code 1459 -Clay and Related Minerals, NEC (excluding for purposes of both NAICS and SIC bentonite and magnesite mines);
8. NAICS Code 212392 - Phosphate Rock Mining, and SIC Code 1475 - Phosphate Rock; and
9. NAICS Codes 212399 - All Other Nonmetallic Mineral Mining, and SIC Code 1499 - Miscellaneous Nonmetallic Minerals, except fuels (excluding for purposes of both NAICS and SIC gypsum, graphite, asbestos, diatomite, jade, novaculite, wollastonite, Tripoli, or asphaltic mineral mines).
[ (Inactive mining operations are mining sites that are not being actively mined, but which have an identifiable ] owner/operator [ owner or operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim.) ] Industrial activity also includes facilities classified under other SIC codes that may be colocated within the mineral mine permit area, unless they are expressly excluded by this general permit.
"Minimize" means reduce or eliminate to the extent achievable using control measures, including best management practices, that are technologically available and economically practicable and achievable in light of best industry practice.
"Municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains (i) owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under § 208 of the Clean Water Act that discharges to surface waters of the state; (ii) designed or used for collecting or conveying stormwater; (iii) that is not a combined sewer; and (iv) that is not part of a publicly owned treatment works (POTW).
"NAICS" means North American Industry Classification System, U.S. Office of Management and Budget, 2017.
"Permittee" means the owner of a nonmetallic mineral mine covered under this general permit.
"Process wastewater" means any wastewater used in the slurry transport of mined material, air emissions control, or processing exclusive of mining, and any other water that becomes commingled with such wastewater in a pit, pond, lagoon, mine, or other facility used for treatment of such wastewater. It includes mine pit dewatering, water used in the process of washing stone, noncontact cooling water, wastewater from vehicle or equipment degreasing activities, vehicle washing and return water from operations where mined material is dredged and miscellaneous plant cleanup wastewaters.
"[ Run-off Runoff ] coefficient" means the fraction of total rainfall that will appear at the conveyance as [ run-off runoff ].
"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; hazardous substances designated under [ Section § ] 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601 et seq.); any chemical the owner is required to report pursuant to [ Section § ] 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC § 11001 et seq.); fertilizers; pesticides; and waste products such as ashes, slag and sludge (including pond sediments) that have the potential to be released with stormwater discharges.
"Significant spills" includes, but is not limited to, releases of oil or hazardous substances in excess of reportable quantities under § 311 of the Clean Water Act (see 40 CFR 110.10 and 40 CFR 117.21) or § 102 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USC § 9601 et seq.) (see 40 CFR 302.4).
"Stormwater" means stormwater [ run-off runoff ], snow melt [ run-off runoff ], and surface [ run-off runoff ] and drainage.
"Stormwater discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying stormwater 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. For the categories of industries identified in the "industrial activity" definition, the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the mineral mine; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas.
[ "Temporarily inactive mineral mining facility" means a site or portion of a site where nonmetallic mineral mining or milling occurred in the past but currently is not being actively undertaken, and the facility is covered by an active mining permit issued by the applicable state or federal agency. ]
"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.
"Twenty-five-year, 24-hour storm event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years as established by the National Weather Service or appropriate regional or state rainfall probability information.
"Vehicle or equipment degreasing" means the washing or steam cleaning of engines of a vehicle or piece of equipment and other drive components in which the purpose is to clean and degrease and clean petroleum products from the equipment for maintenance. Washing the vehicle exterior for the purpose of removing sediment is not considered vehicle or equipment degreasing.
"Virginia Environmental Excellence Program" or "VEEP" means a voluntary program established by the department to provide public recognition and regulatory incentives to encourage higher levels of environmental performance for program participants that develop and implement environmental management systems (EMSs). The program is based on the use of EMSs that improve compliance, prevent pollution, and utilize other measures to improve environmental performance.
9VAC25-190-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations is referenced or adopted herein in this chapter and incorporated by reference that regulation shall be as it exists and has been published as of July 1, 2013 2018.
9VAC25-190-20. Purpose; delegation of authority; effective date of permit.
A. The purpose of this chapter is to establish General Permit Number VAG84 to regulate wastewater discharge and stormwater discharges to surface waters from nonmetallic mineral mines as follows:
1. For active and inactive nonmetallic mineral mining facilities in SIC Major Group 14, this general permit covers discharges composed entirely of stormwater associated with industrial activity.
2. This general permit authorizes the discharge of process wastewater as well as stormwater associated with industrial activity from active and inactive mineral mines classified under:
a. SIC Codes Code 1411 - NAICS Code 212311,
b. SIC Code 1422 - NAICS Code [ 21312 212312 ],
c. SIC Code 1423 - NAICS Code 212313,
d. SIC Code 1429 - NAICS Code 212319,
e. SIC Code 1442 - NAICS Code [ 212421 212321 ],
f. SIC Code 1455 - NAICS Code 212324,
g. SIC Code 1459 - NAICS Code 212325, excluding bentonite and magnesite mines,
h. SIC Code 1475 - NACIS Code 212392, and
i. SIC Code 1499 - NAICS Code 212399, excluding gypsum, graphite, asbestos, diatomite, jade, novaculite, wollastonite, tripoli or asphaltic mineral mines.
3. Coal mining, metal mining, and oil and gas extraction are not covered by this general permit.
B. The director, or an authorized representative, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 1, 2014 2019, and will expire June 30, 2019 2024. For any covered owner, this general permit is effective upon compliance with all the provisions of 9VAC25-190-50 and the receipt of this general permit.
9VAC25-190-50. Authorization to discharge.
A. Any owner governed by this general permit is authorized to discharge process wastewater and stormwater as described in 9VAC25-190-20 A 1 and 2 to surface waters of the Commonwealth of Virginia provided that:
1. The owner submits a registration statement in accordance with 9VAC25-190-60, and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-190-70;
4. The owner has and maintains during such authorization a mineral mining permit for the operation to be covered by this general permit that has been approved by the Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining (or an associated waivered program, locality, or state agency) under provisions and requirements of Title 45.1 of the Code of Virginia. Mineral mines located in bordering states with discharges in Virginia shall provide documentation that they have a mining permit from the appropriate state authority. Mineral mines owned and operated by governmental bodies not subject to the provisions and requirements of Title 45.1 of the Code of Virginia are exempt from this requirement; and
5. The board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The discharge violates or would violate the antidegradation policy in the water quality standards at 9VAC25-260-30; or
4. The discharge is not consistent with the assumptions and requirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance for purposes of enforcement with §§ 301, 302, 306, 307, 318, 403, and 405(b) of the federal Clean Water Act and the State Water Control Law, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.
D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the nonmetallic mineral mining general permit issued in 2009 and that submits a complete registration statement before July 1, 2014, is authorized to continue to discharge under the terms of the 2009 general permit Permit coverage shall expire at the end of the applicable permit term. However, expiring permit coverages are automatically continued if the owner has submitted a complete registration statement at least 60 days prior to the expiration date of the permit, or a later submittal date established by the board, which cannot extend beyond the expiration date of the permit. The permittee is authorized to continue to discharge until such time as the board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for coverage under this general permit.
2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon coverage under the 2009 the general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the continued coverage under the 2009 continued general permit or be subject to enforcement action for discharging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).
9VAC25-190-60. Registration statement.
A. The Any owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the VPDES general VPDES permit for nonmetallic mineral mining facilities.
1. New facilities. Any owner proposing a discharge shall submit a complete registration statement at least 45 60 days prior to the date planned for commencement of the discharge or a later submittal date established by the board.
2. Existing facilities.
a. Any owner covered by an VPDES individual VPDES permit that is proposing to be covered by this general permit shall submit a complete registration statement at least 210 240 days prior to the expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the expiring VPDES general permit for nonmetallic mineral mining that became effective on July 1, 2009, and that intends to continue coverage under this general permit shall submit a complete registration statement to the board on or before April 1, 2014 at least 60 days prior to the expiration of the existing permit or a later submittal date established by the board.
B. Late registration statements. Registration statements for existing facilities covered under subdivision A 2 b of this section will be accepted after June 30, 2014 the expiration date of this permit, but authorization to discharge will not be retroactive. Owners described in subdivision A 2 b of this section that submit registration statements after April 1, 2014, are authorized to discharge under the provisions of 9VAC25-190-50 D if a complete registration statement is submitted before July 1, 2014.
C. The required registration statement shall contain the following information:
1. Facility owner and operator or other contact name, address, email address, and telephone number;
2. Facility name, county, [ and ] location [ , latitude, and longitude ];
3. Description of mining activity;
4. Primary and secondary SIC codes;
5. Discharge information including:
a. A list of outfalls identified by outfall numbers;
b. Characterization of the type of each listed outfall's discharge as either process wastewater, stormwater, or process wastewater commingled with stormwater;
c. Characterization of the source of each listed outfall's discharge as either mine pit dewatering, stormwater associated with industrial activity (see definition in 9VAC25-190-10), stormwater not associated with industrial activity, ground water groundwater infiltration, wastewater from vehicle or equipment degreasing activities, vehicle washing and return water from operations where mined material is dredged, mined material washing, noncontact cooling water, miscellaneous plant cleanup wastewater, colocated facility discharges (identify the colocated facility), other discharges not listed here (describe), or any combination of the above;
d. The receiving stream, including wetlands for each outfall listed;
e. The latitude and longitude for each outfall listed; and
f. Indicate which stormwater outfalls will be representative outfalls that require a single discharge monitoring report (DMR). For stormwater outfalls that are to be represented by other outfall discharges, provide a description of the activities associated with those outfalls and explain why they are substantially the same as the representative outfall to be sampled;
6. Indicate if the facility has a current VPDES permit and the permit number if it does;
7. Description of wastewater treatment or reuse/recycle, reuse or recycle systems, or both;
8. List of any treatment chemicals added to water wastewater or stormwater that could be discharged. Include safety data sheets [ and, ] the maximum proposed dosing rates [ , and a demonstration that application or use will not result in aquatic toxicity ];
9. List of colocated facilities;
10. Indicate if the facility is a hazardous waste treatment, storage, or disposal facility;
11. Schematic drawing showing water flow from source to water-using industrial operations to waste treatment and disposal, and disposal of any solids removed from wastewater;
12. Aerial photo or scale map that clearly shows the property boundaries, plant site, drainage areas associated with each outfall, locations of all mine pit dewatering, existing, significant sources of materials exposed to precipitation, stormwater or process wastewater outfalls and the receiving streams;
13. Evidence, such as the permit-license to operate a mine page, that the operation to be covered by this general permit has a mining permit that has been approved by the Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining (or associated waivered program) under the provisions and requirements of Title 45.1 of the Code of Virginia (or appropriate bordering state authorization). Mineral mines owned and operated by governmental bodies not subject to the provisions and requirements of Title 45.1 of the Code of Virginia are exempt from this requirement;
14. Mining permit number;
15. Whether the permitted [ outfall facility ] will discharge to a municipal separate storm sewer system (MS4). If so, provide the name of the MS4 owner. The yes, the facility owner of the facility shall notify the MS4 owner in writing of the existence of the discharge within 30 days of coverage under the general permit and shall copy the DEQ regional office with the notification at the time of registration under this permit and include that notification with the registration statement. The notification shall include the following information: the name of the facility, a contact person and phone number contact information, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number [ if assigned by DEQ ];
16. Indicate if there are vehicle or equipment degreasing activities performed on site. If yes, indicate if there is any process wastewater generated from these activities;
17. Monitoring data to determine compliance with 9VAC25-260-310 m (Chickahominy special standards) as per Part I B 14 of this permit;
18. Provide certification that the process water wastewater system is designed to operate as "no discharge" if special condition Part I B 17 15 is to apply to the facility. Identify the emergency outfall number;
18. [ For applicants other than a sole proprietor, the ] State Corporation Commission entity identification number [ if the facility is required to obtain an entity identification number by law ]; and
19. The following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
D. The registration statement shall be signed in accordance with 9VAC25-31-110.
E. Where to submit. The registration statement may shall be delivered to the department by either postal or electronic mail and shall be submitted to the DEQ regional office serving the area where the industrial facility is located.
9VAC25-190-70. General permit.
Any owner whose registration statement is accepted by the board will receive coverage under the following general permit and shall comply with the requirements in it the general permit and be subject to all requirements of the VPDES permit regulation, 9VAC25-31 9VAC25-31-190.
General Permit No.: VAG84
Effective date: July 1, 2014 2019
Expiration date: June 30, 2019 2024
GENERAL PERMIT FOR NONMETALLIC MINERAL MINING
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of nonmetallic mineral mines are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the information submitted with the registration statement, this cover page, Part I - Effluent Limitations, Monitoring Requirements, and Special Conditions, Part II - Stormwater Management, and Part III - Conditions Applicable to All VPDES Permits, as set forth herein in this permit.
Part I
Effluent Limitations, Monitoring Requirements, and Special Conditions
A. Effluent limitations and monitoring requirements.
1. During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge process wastewater and commingled stormwater associated with industrial activity from outfall(s) outfalls.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
Monthly Average | Daily Minimum | Daily Maximum | Frequency (1) | Sample Type |
Flow (MGD) | NL | NA | NL | 1/3 Months | Estimate |
Total Suspended Solids (mg/l) | 30 | NA | 60 | 1/3 Months | Grab |
pH (standard units)(2) | NA | 6.0 | 9.0 | 1/3 Months | Grab |
Total Petroleum Hydrocarbons (mg/l) (3)
| NA
| NA
| NL
| 1/3 Months
| Grab
|
NL = No Limitation, monitoring required NA = Not Applicable (1)1/3 Months equals the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December. Discharge Monitoring Reports (DMRs) of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January. (2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, those standards shall be the minimum and maximum pH effluent limits. (3)Monitoring for total petroleum hydrocarbons is only required for outfalls that contain process wastewater from vehicle or equipment degreasing activities. Total petroleum hydrocarbons shall be analyzed using EPA SW-846 Method 8015 B (1996), 8015C (2000), 8015C (2007), 8015 D (2003) for diesel range organics, or EPA 40 CFR 136.
|
2. During the period beginning with the permittee's coverage under the general permit and lasting until the permit's expiration date, the permittee is authorized to discharge stormwater associated with industrial activity that does not combine with other wastewaters prior to discharge from outfall(s) outfalls.
a. Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS | DISCHARGE LIMITATIONS | MONITORING REQUIREMENTS |
Monthly Average | Daily Minimum | Daily Maximum | Frequency (1) | Sample Type |
Flow (MG) | NA | NA | NL | 1/Year | Estimate(2) |
Total Suspended Solids (mg/l) | NA | NA | NL(3) | 1/Year | Grab |
pH (standard units) | NA | NL | NL | 1/Year | Grab |
NL = No Limitation, monitoring required NA = Not applicable (1)Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) shall be submitted to the DEQ regional office no later than the 10th day of January. (2)Estimate of the total volume of the discharge during the storm event. (3)Refer to Part I B 12 should the TSS evaluation monitoring exceed 100 mg/l daily maximum.Permittees shall review the results of the TSS monitoring required by Part I A 2 a to determine if changes to the stormwater pollution prevention plan (SWPPP) may be necessary. If the TSS monitoring results are greater than the evaluation value of 100 mg/l, then the permittee shall perform [ the ]a routine facility inspection within five days of becoming aware of the exceedance and maintain documentation as described in Part II H 3 d for that outfall. Any deficiencies noted during the inspection shall be corrected within 60 days of being identified. |
b. The permittee shall conduct calendar quarterly visual monitoring of stormwater discharges associated with industrial activity. The monitoring shall include examination of stormwater samples representative of storm event discharges from the facility and observation of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution. Documentation of visual monitoring of stormwater shall be maintained onsite in the SWPPP and include the examination date and time, examination personnel, outfall location, the nature of the discharge [ (i.e., runoff or snowmelt) ], visual quality of the stormwater discharge and probable sources of any observed stormwater contamination. Part II A regarding monitoring instructions, Part II B regarding representative outfalls, and Part II C regarding sampling waivers shall apply to the taking of samples for visual monitoring except that the documentation required by these sections shall be retained with the SWPPP [ visual monitoring records ] rather than submitted to the department. Calendar quarters equal the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December.
B. Special conditions.
1. Vehicles and equipment utilized during the industrial activity on a site must be operated and maintained in such a manner as to prevent the potential or actual point source pollution of the surface or groundwaters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be disposed of by discharging on the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface or groundwaters of the state and in accordance with the applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up and disposed of in a manner so as not to allow their entry into the surface or groundwaters of the state.
2. No sewage shall be discharged from this mineral mining activity except under the provisions of another VPDES permit specifically issued for that purpose.
3. There shall be no chemicals added to the discharge, other than those listed on the owner's approved registration statement, unless prior approval of the chemical is granted by the board. [ The use of cationic chemicals is ineligible for coverage under this permit unless such use is approved by the board based on a demonstration that the application or use will not result in aquatic toxicity. ]
4. The permittee shall submit a new registration statement if the mining permit approved by the Division of Mineral Mining (or associated waivered program, or bordering state mine authority) is modified or reissued in any way that would affect the outfall location or the characteristics of a discharge covered by this general permit. Government owned and operated mines without mining permits shall submit the registration statement whenever outfall location or characteristics are altered. The new registration statement shall be filed within 30 days of the outfall relocation or change in the characteristics of the discharge.
5. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l) of the toxic pollutant;
(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 this permit, if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l) of the toxic pollutant;
(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 in accordance with 9VAC25-31-220 F.
6. Except as expressly authorized by this permit, no product, materials, industrial wastes, or other wastes resulting from the purchase, sale, mining, extraction, transport, preparation, or storage of raw or intermediate materials, final product, by-product or wastes, shall be handled, disposed of, or stored so as to permit a discharge of such product, materials, industrial wastes, or other wastes to state waters. Any and all product, materials, industrial wastes, or other wastes resulting from the purchase, sale, mining, extraction, transport, preparation, or storage of raw or intermediate materials, final product, by-product, or wastes shall be handled, disposed of, or stored in such a manner and consistent with best management practices, so as not to permit a discharge of such product, materials, industrial wastes, or other wastes to state waters, except as expressly authorized.
7. There shall be no discharge of process wastewater pollutants from colocated asphalt paving materials operations. For the purposes of this special condition, process wastewater pollutants are any pollutants present in water used in asphalt paving materials manufacturing that come into direct contact with any raw materials, intermediate product, by-product or product related to the asphalt paving materials manufacturing process.
8. Process water may be used on site for the purpose of dust suppression. Dust suppression shall be carried out as a best management practice but not as a wastewater disposal method provided that ponding or direct [ run-off runoff ] from the site does not occur during or immediately following its application. Dust suppression shall not occur during a storm event that results in an actual discharge from the site.
9. Process water from mine dewatering may be provided to local property owners for beneficial agricultural use.
10. There shall be no discharge:
a. Discharge of floating solids or visible foam in other than trace amounts from process water discharges. There shall be no solids;
b. Solids deposition to surface water as a result of [ a discharge associated with ] industrial activity; or
oil c. Oil sheen resulting from petroleum products discharged to surface water as a result of the industrial activity.
11. The permittee shall report at least two significant digits for a given parameter. Regardless of the rounding convention used (i.e., five always rounding up or to the nearest even number) by the permittee, the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.
12. Stormwater monitoring total suspended solids (TSS) evaluation. Permittees that monitor stormwater associated with industrial activity that does not combine with other wastewaters prior to discharge shall review the results of the TSS monitoring required by Part I A 2 to determine if changes to the stormwater pollution prevention plan (SWPPP) may be necessary. If the TSS monitoring results are greater than the evaluation value of 100 mg/l, then the permittee shall perform the inspection and maintain documentation as described in Part II H 3 d for that outfall. Any deficiencies noted during the inspection shall be corrected in a timely manner.
13. Discharges to waters subject to TMDL wasteload allocations. Owners of facilities that are a source of the specified pollutant of concern to waters for which a total maximum daily load (TMDL) wasteload allocation has been approved prior to the term of this permit shall incorporate measures and controls into the SWPPP required by Part II that are consistent with the assumptions and requirements of the TMDL. The department will provide written notification to the owner that a facility is subject to the TMDL requirements. If the TMDL establishes a numeric wasteload allocation that applies to discharges from the facility, the owner shall perform any required monitoring in accordance with Part I A and implement measures necessary to meet that allocation.
14. Discharges in the entire Chickahominy watershed above Walker's Dam (excluding discharges consisting solely of stormwater) shall also meet the effluent limitations in 9VAC25-260-310 m (special standards and requirements) of the January 6, 2011, water quality standards regulation. These limitations are BOD5 (6.0 mg/l average and 8.0 mg/l maximum), total suspended solids (TSS) (5.0 mg/l average and 7.5 mg/l maximum), total phosphorus (0.10 mg/l average), ammonia as nitrogen (2.0 mg/l average), and settleable solids (0.1 mg/l average). These parameters, except for TSS, shall be monitored once per calendar year and the data submitted with the next registration statement (for the 2019 reissuance). TSS data shall be monitored and submitted with the Part I A DMR.
15. 13. The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standards.
16. 14. Inactive and unstaffed facilities (including temporarily inactive [ sites) and unstaffed facilities) ].
a. A waiver of the process and stormwater monitoring and routine inspections may be exercised by the board at a facility that is both inactive and unstaffed as long as the facility remains inactive and unstaffed. Such a facility is required to conduct an annual comprehensive site inspection in accordance with the requirements in Part II H 4 d 3. No DMR reports will be required to be submitted when a facility is approved as inactive and unstaffed.
b. An inactive and unstaffed sites waiver request shall be submitted to the board for approval and shall include the name of the facility; the facility's VPDES general permit registration number; a contact person, phone number, and email address (if available); the reason for the request; and the date the facility became or will become inactive and unstaffed. The waiver request shall be signed and certified in accordance with Part III K. If this waiver is granted, a copy of the request and the board's written approval of the waiver shall be maintained with the SWPPP.
c. To reactivate the site the permittee shall notify the department within 30 days or an alternate timeframe if written approval is received in advance from the board, and all process and stormwater monitoring and routine inspections shall be resumed immediately. This notification must be submitted to the department, signed in accordance with Part III K, and retained on site at the facility covered by this permit in accordance with Part III B.
d. The board retains the authority to revoke this waiver when it is determined that the discharge causes, has a reasonable potential to cause, or contributes to a water quality standards violation.
17. 15. Process water wastewater systems designed to operate as "no discharge" shall have no discharge of wastewater or pollutants, except in storm events greater than a 25-year, 24-hour storm event. In the event of such a discharge, the permittee shall report an unusual or extraordinary discharge per Part III H of this permit. No sampling or DMR is required for these discharges as they are considered to be discharging in emergency discharge conditions. These discharges shall not contravene the Water Quality Standards (9VAC25-260), as adopted and amended by the board, or any provision of the State Water Control Law. Any other discharge from this type of system is prohibited, and shall be reported as an unauthorized discharge per Part III G of this permit.
18. 16. Best management practices for blasting. The permittee shall utilize best management practices to ensure that contaminants do not enter surface water as a result of blasting at the site.
17. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater or stormwater associated with the industrial activity;
(2) A new owner has assumed responsibility for the facility (NOTE:. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted) submitted;
(3) All discharges associated with this facility have been covered by [ an a ] VPDES individual VPDES permit or an alternative VPDES permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility, a closure plan has been implemented according to the O & M Manual, and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by [ an a ] VPDES individual VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).
c. The following certification:
"I certify under penalty of law that all wastewater and stormwater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge nonmetallic mineral mining wastewater or stormwater in accordance with the general permit, and that discharging pollutants to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."
d. The notice of termination shall be submitted to the department DEQ regional office serving the area where the facility discharge is located and signed in accordance with Part III K.
Part II
Stormwater Management
A. Monitoring instructions.
1. Collection and analysis of samples. Sampling requirements shall be assessed on an outfall-by-outfall basis. Samples shall be collected and analyzed in accordance with the requirements of Part III A.
2. When and how to sample.
a. In the case of snowmelt or a discharge from a stormwater management structure (a series of settling lagoons), a representative sample shall be taken at the time the discharge occurs.
b. For all other types of stormwater discharges, a minimum of one grab sample shall be taken resulting from a storm event that results in an actual a discharge from the site (defined as a "measurable storm event"), providing the interval from the preceding measurable storm event is at least 72 hours. The 72-hour storm interval is waived if the permittee is able to document with the discharge monitoring report (DMR) that less than a 72-hour interval is representative for local storm events during the sampling period. The grab sample shall be taken during the first 30 minutes of the discharge. If it is not practicable to take the sample during the first 30 minutes, the sample may be taken during the first three hours of discharge provided that the permittee explains with the DMR why a grab sample during the first 30 minutes was impracticable and maintains that documentation with the SWPPP.
B. Representative discharge outfalls. When a If a facility has two or more exclusively stormwater outfalls that the permittee reasonably believes discharge substantially identical effluents, based on a consideration of similarity of industrial activity, significant materials, [ size of the drainage areas, ] frequency of discharges, and management practices and activities within the area drained by the outfalls, then the permittee may submit information with the registration statement substantiating the request for only one DMR to be issued for the outfall to be sampled that represents one or more substantially identical outfalls. Also the The permittee must shall document representative outfalls in the SWPPP and list on the DMR of the outfall to be sampled all outfall locations that are represented by the discharge. The representative outfall monitoring provisions apply to Part I A 2 a monitoring and quarterly visual monitoring.
The permittee must include the following information in the SWPPP:
1. The locations of the outfalls; [ and ]
2. An evaluation, including available monitoring data, indicating why the outfalls are expected to discharge substantially identical effluents [ ; and
3. An estimate of the size of the drainage area in acres ].
C. Sampling waivers. When a permittee is unable to conduct quarterly stormwater monitoring required under Part I A 2 b within the specified sampling period due to no measurable storm event or adverse weather conditions, documentation shall be submitted explaining the permittee's inability to conduct the stormwater monitoring. The documentation must include the dates and times that the outfalls were viewed and sampling was attempted. Adverse weather conditions that may prohibit the collection of samples include weather conditions that create dangerous conditions for personnel (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc.). Acceptable documentation includes but is not limited to National Climatic Data Center weather station data, local weather station data, facility rainfall logs, and other appropriate supporting data. All documentation shall also be maintained with the SWPPP. This waiver is not applicable to annual monitoring required under Part I A 2 a.
D. Stormwater pollution prevention plans (SWPPP). An SWPPP shall be developed and implemented for the facility. The plan shall include best management practices (BMPs) that are reasonable, economically practicable, and appropriate in light of current industry practices. The BMPs shall be selected, designed, installed, implemented, and maintained in accordance with good engineering practices to eliminate or reduce the pollutants in all stormwater discharges from the facility. The SWPPP shall also include all control measures necessary for the stormwater discharges to meet applicable water quality standards.
The SWPPP requirements of this general permit may be fulfilled, in part, by incorporating by reference other plans or documents such as an erosion and sediment control plan, a mine drainage plan as required by the Virginia Division of Mineral Mining, a spill prevention control and countermeasure (SPCC) plan developed for the facility under § 311 of the federal Clean Water Act or BMP programs otherwise required for the facility provided that the incorporated plan meets or exceeds the plan SWPPP requirements of Part II H (contents of plan) SWPPP). All plans incorporated by reference into the SWPPP become enforceable under this permit. If a plan incorporated by reference does not contain all of the required elements of Part II H, the permittee must develop the missing SWPPP elements and include them in the required plan SWPPP.
E. Deadlines for plan SWPPP preparation and compliance.
1. Owners of existing facilities that were covered under the 2009 2014 Nonmetallic Mineral Mining General Permit that are continuing coverage under this general permit shall update and implement any revisions to the SWPPP within 90 60 days of the board granting coverage under this permit.
2. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit that elect to be covered under this general permit shall prepare and implement the SWPPP prior to submitting the registration statement.
3. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility shall update and implement any revisions to the SWPPP within 60 days of ownership change.
4. Upon a showing of good cause, the director may establish a later date in writing for the preparation and compliance with the SWPPP.
F. Signature and plan SWPPP review.
1. The SWPPP shall be signed in accordance with Part III K (signatory requirements), and be retained on site at the facility covered by this permit in accordance with Part III B (records) of this permit. When there are no on-site buildings or offices in which to store the plan, it shall be kept at the nearest company office.
2. The permittee shall make the SWPPP, annual site compliance routine inspection report documentation, or other information available to the department upon request.
3. The director, or an authorized representative, may notify the permittee at any time that the SWPPP, BMPs, or other components of the facility's stormwater program do not meet one or more of the requirements of this part. Such notification shall identify specific provisions of the permit that are not being met and may include required modifications to the stormwater program, additional monitoring requirements, and special reporting requirements. Within 60 days of such notification from the director, or as otherwise provided by the director, or an authorized representative, the permittee shall make the required changes to the plan and shall submit to the department a written certification that the requested changes have been made.
G. Maintaining an updated SWPPP. The permittee shall review and amend the SWPPP as appropriate whenever:
1. There is construction or a change in design, operation, or maintenance that has a significant effect on the discharge or the potential for the discharge of pollutants to surface waters;
2. Routine inspections or compliance evaluations determine that there are deficiencies in the BMPs;
3. Inspections by local, state, or federal officials determine that modifications to the SWPPP are necessary;
4. There is a spill, leak, or other release at the facility; or
5. There is an unauthorized discharge from the facility.
SWPPP modifications shall be made within 30 60 calendar days after discovery, observation, or an event requiring an SWPPP modification. Implementation of new or modified BMPs (distinct from regular preventive maintenance of existing BMPs described in Part II H 3 b (preventative maintenance) 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.
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. Contents of plan SWPPP. The plan SWPPP shall include, at a minimum, the following items:
1. Pollution prevention team. Each plan shall identify the staff individuals by name or title who comprise the facility's stormwater pollution prevention team. The pollution prevention team is responsible for assisting the facility or plant manager in developing, implementing, maintaining, revising, and ensuring compliance with the facility's SWPPP. Specific responsibilities of each staff individual on the team shall be identified and listed.
2. Summary of potential pollutant sources. The plan SWPPP shall identify where industrial materials or activities at the facility are exposed to stormwater. The description shall include:
a. Site map. The site map shall document:
(1) An outline of the drainage area of each stormwater outfall that are within the facility boundaries, each existing structural control measure to reduce pollutants in stormwater run-off, surface water bodies, locations where materials are exposed to precipitation, locations where major spills or leaks identified under Part II H 2 c (spills and leaks) of this permit have occurred, and the locations of the following activities where such activities are exposed to precipitation: fueling stations, vehicle or equipment degreasing, cleaning areas, loading/unloading areas loading or unloading, locations used for the treatment, storage or disposal of wastes and wastewaters, liquid storage tanks, processing areas, and storage areas. The map must indicate all outfall locations. The types of discharges contained in the drainage areas of the outfalls must be indicated either on the map or in an attached narrative.
(2) For each area of the facility that generates stormwater discharges associated with industrial activity with a potential for containing significant amounts of pollutants, locations of stormwater conveyances, including ditches, pipes, swales, and inlets, and the directions of stormwater flow and an identification of the types of pollutants that are likely to be present in stormwater discharges associated with industrial activity. Factors to consider include the toxicity of the chemicals; quantity of chemicals used, produced or discharged; the likelihood of contact with stormwater; and history of significant spills or leaks of toxic or hazardous pollutants. Flows with a potential for causing erosion shall be identified.
b. Inventory of exposed materials. A list of the industrial materials or activities, including but not limited to material handling equipment or activities, industrial machinery, raw materials, industrial production and processes, intermediate products, by-products, final products, 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.
c. Spills and leaks. A list of significant spills and leaks of toxic or hazardous pollutants that occurred at areas that are exposed to precipitation or that otherwise drain to a stormwater conveyance at the facility after the date of three years prior to the date of coverage under this general permit. Such list shall be updated as appropriate during the term of the permit.
d. Sampling data. A summary of existing stormwater sampling data taken at the facility. The summary shall include, at a minimum, any data collected during the previous three years.
3. Stormwater controls. BMPs Control measures shall be implemented for all areas identified in Part II H 2 b (inventory of exposed materials) to prevent or control pollutants in stormwater 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 stormwater. The BMPs shall also address the following minimum components, including a schedule for implementing such controls:
a. Good housekeeping. Good housekeeping requires the clean and orderly maintenance of areas that may contribute pollutants to stormwater discharges in a clean, orderly manner. The plan SWPPP shall describe procedures performed to minimize contact of materials with stormwater [ run-off runoff ]. Particular attention should be paid to areas where raw materials are stockpiled, material handling areas, storage areas, liquid storage tanks, vehicle fueling and maintenance areas, and loading/unloading loading or unloading areas, and vehicle entrance and exits. The permittee shall keep clean all exposed areas of the facility that are potential sources of pollutants in stormwater. The permittee shall sweep or vacuum paved surfaces of the site that are exposed to stormwater at regular intervals or use other equivalent measures to minimize the potential discharge of these materials in stormwater. Indicate in the SWPPP the frequency of sweeping, vacuuming, or other equivalent measures.
b. Preventive maintenance. A preventive maintenance program shall involve regular inspection, testing, maintenance, and repairing of all industrial equipment and systems to avoid breakdowns or failures that could result in leaks, spills, and other releases. All BMPs identified in the SWPPP shall be maintained in effective operating condition. The SWPPP shall include a description of procedures and a regular schedule for preventive maintenance and observation of all BMPs and shall include a description of the back-up practices that are in place should a run-off event occur while a BMP is off line or not operating effectively. The effectiveness of nonstructural BMPs shall also be maintained by appropriate means (e.g., spill response supplies available and personnel trained). If site inspections required by Part II H 3 d (routine facility inspections) or Part II H 4 (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. Documentation shall be kept with the SWPPP of maintenance and repairs of BMPs, including the date(s) dates of regular maintenance, date(s) dates of discovery of areas in need of repair or replacement, date(s) dates for repairs, date(s) dates that the BMP(s) BMPs returned to full function, and the justification for an extended maintenance or repair schedules. The maintenance program shall require periodic removal of debris from discharge diversions and conveyance systems. Permittees using settling basins to control their effluents must provide maintenance schedules for such basins in the pollution prevention plan SWPPP.
c. Spill prevention and response procedures. The plan SWPPP shall describe the procedures that will be followed for preventing and responding to spills and leaks, including barriers between material storage and traffic areas, secondary containment provisions, procedures for material storage and handling, response procedures for notification of appropriate facility personnel, emergency agencies, and regulatory agencies and 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 and 40 CFR Part 265. 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. 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.
d. Routine facility inspections.
(1) Facility personnel Personnel who are familiar with the mining activity, the best management practices, and the stormwater pollution prevention plan SWPPP shall be identified to inspect conduct routine facility inspections. Such inspections must include all areas where industrial materials or activities are exposed to stormwater as identified in Part II H 2 b (inventory of exposed materials), including material storage and handling areas, including but not limited to areas where aggregate is stockpiled outdoors, liquid storage tanks, hoppers or silos, material handling vehicles, equipment, and processing areas; off-site tracking of industrial or waste materials or sediment where vehicles enter or exit the site; to inspect vehicle and equipment maintenance areas and cleaning and fueling areas; to inspect best management practices; and to conduct visual examinations of stormwater associated with industrial activity discharge points.
(2) The inspection frequency shall be specified in the plan SWPPP based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly. Inspections of best management practices shall include inspection of stormwater discharge diversions, conveyance systems, sediment control and collection systems, containment structures, vegetation, serrated slopes, and benched slopes to determine their adequacy and effectiveness, the integrity of control structures, if soil erosion has occurred, or if there is evidence of actual or potential discharge of contaminated stormwater.
(3) Quarterly visual examinations of stormwater discharges associated with industrial activity shall include examination of stormwater samples representative of storm event discharges from the facility and observation of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution.
(4) Site inspection, and best management practices inspection and visual examination results must be documented and maintained on-site with the SWPPP. Documentation for visual examinations of stormwater shall include the examination date and time, examination personnel, outfall location, the nature of the discharge, visual quality of the stormwater discharge and probable sources of any observed stormwater contamination. Part II A regarding monitoring instructions, Part II B regarding representative discharges, and Part II C regarding sampling waivers shall apply to the taking of samples for visual examination except that (i) the documentation required by these sections shall be retained with the SWPPP visual examination records rather than submitted to the department, and (ii) substitute sampling for waivered sampling is not required if the proper documentation is maintained.
(5) (4) A set of tracking or followup procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Such actions must include updating pollution sources, updating pollution prevention measures and controls, and updating the SWPPP as appropriate based on information developed during the inspections.
(5) The requirement for routine facility inspections is waived for facilities that have maintained an active VEEP E3/E4 status.
e. Employee training. Employee training shall be conducted at least annually at active mining [ sites ] and [ at those ] temporarily inactive sites [ that are staffed ]. Employee training programs shall inform personnel responsible for implementing activities identified in the stormwater pollution prevention plan SWPPP or otherwise responsible for stormwater management at all levels of responsibility of the components and goals of the stormwater pollution prevention plan. Training should address topics such as spill response, good housekeeping and material management practices. A pollution prevention plan shall identify periodic dates for such training. All employee training shall be documented in the SWPPP.
f. Recordkeeping and internal reporting procedures. A description of incidents such as spills, or other discharges, along with other information describing the quality and quantity of stormwater discharges shall be included in the plan SWPPP required under this part. Inspections and maintenance activities shall be documented and records of such activities shall be incorporated into the plan SWPPP. Ineffective best management practices must be recorded and the date of their corrective action noted in the SWPPP.
g. Sediment and erosion control. The plan shall identify areas that, due to topography, land disturbance (e.g., construction, landscaping, site grading), or other factors, have a potential for soil erosion. The permittee shall identify and implement structural, vegetative, or stabilization BMPs to prevent or control on-site and off-site erosion and sedimentation.
h. Management of [ run-off runoff ]. The plan SWPPP shall describe the stormwater [ run-off runoff ] management practices (i.e., permanent structural BMPs) for the facility. These types of BMPs are typically used to divert, infiltrate, reuse, or otherwise reduce pollutants in stormwater discharges from the site. Appropriate measures may include: vegetative swales and practices, reuse of collected stormwater (such as for a process or as an irrigation source), inlet controls (such as oil/water separators), snow management activities, infiltration devices, and wet detention/retention detention or retention devices.
4. Comprehensive site compliance evaluation. Facility personnel who are familiar with the mining activity, the BMPs, and the SWPPP shall conduct site compliance evaluations at appropriate intervals specified in the plan, but in no case less frequently than once a year. Evaluations shall include all areas where industrial materials or activities are exposed to stormwater as identified in Part II H 2 b (inventory exposed materials). Such evaluations shall include the following:
a. Areas contributing to a stormwater discharge associated with industrial activity, including material storage and handling areas (e.g., areas where aggregate is stockpiled outdoors, liquid storage tanks, hoppers or silos, material handling vehicles, equipment, and processing areas); vehicle and equipment maintenance areas and cleaning and fueling areas; off-site tracking of industrial or waste materials or sediment where vehicles enter or exit the site; tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed areas; and residue or trash shall be visually inspected for evidence of, or the potential for, pollutants entering the drainage system. Measures to reduce pollutant loadings shall be evaluated to determine whether they are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed. Structural stormwater management measures, sediment and erosion control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. A review of training performed, routine inspections completed, visual examinations completed, maintenance performed, and effective operation of BMPs, shall be made.
b. Based on the results of the evaluation, the summary of potential pollutant sources identified in the plan in accordance with Part II H 2 (summary of potential pollutant sources) of this permit and pollution prevention measures and controls identified in the plan in accordance with Part II H 3 (stormwater controls) of this permit shall be revised as appropriate within 14 days of such inspection and shall provide for implementation of any changes to the plan in a timely manner, but in no case more than 90 days after the inspection.
c. A report summarizing the scope of the inspection, personnel making the inspection, the dates of the inspection, observations relating to the implementation of the SWPPP, including the elements stipulated in Part II H 4 a, and actions taken in accordance with Part II H 4 b of this permit shall be made and retained as required in Part III B (records). The report shall identify any incidents of noncompliance. Where a report does not identify any incidents of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP and this permit. The report shall be signed in accordance with Part III K (signatory requirements) of this permit and retained as required in Part III B.
d. Where compliance evaluation schedules overlap with inspections required under Part II H 3 d (inspections), the compliance evaluation may be conducted in place of one such inspection.
I. Authorized nonstormwater discharges. The following nonstormwater discharges are authorized by this permit:
1. Discharges from emergency firefighting activities;
2. Fire hydrant flushing, managed in a manner to avoid an instream impact;
3. Potable water, including water line flushing, managed in a manner to avoid instream impact;
4. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;
5. Irrigation drainage;
6. Landscape watering, provided all pesticides, herbicides, and fertilizers have been applied in accordance with approved labeling;
7. Routine external building washdown that does not use detergents or hazardous cleaning products;
8. Pavement wash waters where no detergents or hazardous cleaning products are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed). Pavement wash waters shall be managed [ to prevent the discharge of pollutants in a manner to avoid instream impacts ];
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials; and
11. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdown or drains).
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.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) individuals who performed the sampling or measurements;
c. The date(s) dates and time(s) times analyses were performed;
d. The individual(s) individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. 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 coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from its 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 (see NOTE in Part III I), in no case later than 24 hours, the department 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.
1. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. a. 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. (1) Any unanticipated bypass; and
b. (2) Any upset that causes a discharge to surface waters.
2. b. A written report shall be submitted within five days and shall contain:
a. (1) A description of the noncompliance and its cause;
b. (2) 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. (3) 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. 2. 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 Part III G, H and I may be made to the department's regional office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx. For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency 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 registration process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that 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-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application registration 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 and other information. 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 Part 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 coverage termination, revocation and reissuance, or modification; or for denial of permit coverage.
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 apply for and obtain coverage under a new permit. All permittees with currently effective permit coverage shall submit a new registration statement at least 210 60 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 that 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 that 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 that occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) cause 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 Permit coverage may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits permit coverage.
Permits are 1. Permit coverage is not transferable to any person except after notice to the department.
2. Coverage under this permit may be automatically transferred to a new permittee if:
1. a. The current permittee notifies the department at least 30 days in advance of the proposed transfer of the title to the facility or property unless permission for a later date has been granted by the department;
2. 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
3. c. The board does not notify the existing permittee and the proposed new permittee of its intent to deny the permittee coverage under 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.
VA.R. Doc. No. R18-5446; Filed April 23, 2019, 10:42 a.m.
TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
State Water Control Board is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which
exempts general permits issued by the State Water Control Board pursuant to the
State Water Control Law (§ 62.1-44.2 et seq.) and Chapters 24 (§ 62.1-242
et seq.) and 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia if
the board (i) provides a Notice of Intended Regulatory Action in conformance
with the provisions of § 2.2-4007.01 of the Code of Virginia; (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 of the Code of Virginia; and
(iv) conducts at least one public hearing on the proposed general permit. The
State Water Control Board will receive, consider, and respond to petitions by
any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-880. General VPDES Permit
for Discharges of Stormwater from Construction Activities (amending 9VAC25-880-1, 9VAC25-880-15,
9VAC25-880-20, 9VAC25-880-30, 9VAC25-880-50, 9VAC25-880-60, 9VAC25-880-70;
adding 9VAC25-880-45).
Statutory Authority: § 62.1-44.15:24 of the Code of
Virginia.
Effective Date: July 1, 2019.
Agency Contact: Jaime Robb, Department of Environmental
Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4416, FAX (804) 698-4032, or email
jaime.robb@deq.virginia.gov.
Small Business Impact Review Report of Findings: This
final regulatory action serves as the report of the findings of the regulatory
review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The action amends and reissues the existing Virginia
Pollutant Discharge Elimination System (VPDES) general permit for discharges of
stormwater from construction activities, which expires on June 30, 2019. The
general permit regulates stormwater discharges from construction activities,
which are defined as "…any clearing, grading or excavation associated with
large construction activity or associated with small construction
activity." This general permit authorizes discharges of stormwater from
regulated construction activities to surface waters and includes enhanced
criteria for impaired and exceptional waters. Construction activities that
disturb one acre or greater, or less than one acre but are part of a common
plan of development, are required to obtain coverage under this general permit
prior to commencing land-disturbing activities.
The amendments:
• Revise the authorization for the discharge of potable
water as an authorized nonstormwater discharge only when managed in a manner to
avoid an instream impact;
• Require with the registration (i) the submittal of site
map to identify the area where land disturbance is occurring or is proposed
during the term of the permit, (ii) additional information regarding projects
being conducted under a department approved annual standards and specification
program, (iii) the erosion and sediment control (ESC) plan approval date to
ensure requirements to obtain ESC plan approval prior to general permit
coverage have been met, (iv) the date land-disturbing activities commenced, if
applicable, and (v) additional information on offsite support activities
proposed to be covered under the permit, and (vi) when nutrient credits are
proposed to demonstrate compliance with water quality requirements, a letter of
availability from the appropriate nutrient bank;
• Prohibit the discharge of stormwater from construction
activities associated with the demolition of a structure greater than 10,000
square feet of floor space built or renovated prior to July 1980 to surface
water identified as impaired for polychlorinated biphenyls (PCBs) or for which
a total maximum daily load (TMDL) for PCBs has been developed prior to July 1,
2019, unless an approved erosion and sediment control plan is implemented and
waste is disposed of properly. This change is for consistency with the U.S.
Environmental Protection Administration (EPA) 2017 Construction General Permit;
• Require waste containers be closed during precipitation
events and at the end of the business day to minimize the discharge of
pollutants in stormwater coming in contact with building materials in
containers. This change is for consistency with the EPA 2017 Construction
General Permit;
• Revise the stormwater pollution prevention plan (SWPPP)
inspection frequency performed by the permittee to once every 10 days and no
later than 24 hours following a storm event, or if the discharge is to a
receiving water that is impaired, has an approved TMDL, or has been designated
as an exceptional water, a frequency of once every five business days and no later
than 24 hours following a storm event, which only apply if the operator does
not opt to perform a more frequent SWPPP inspection of once every five business
days or if the discharge is to a receiving water that is impaired, has an
approved TMDL or has been designated as an exceptional water once every four
business days;
• Provide that if adverse weather causes concern for the
safety of the operator's inspection staff, the SWPPP inspection can be delayed
until the next business day on which it is safe to perform the inspection,
which is similar to conditions in other VPDES stormwater permits for adverse
weather events;
• Require SWPPP inspections be added to the SWPPP within 4
days of the inspection date;
• Clarify that (i) a notice of termination is not required
for single-family residential structures that are not required to submit a
registration statement and (ii) stormwater management maintenance agreements
must be recorded within local land records prior to termination for best
management practices used to meet post-development water quality or water
quantity technical criteria and requiring proof of recordation;
• Require construction record drawings be submitted with
notice of termination in accordance with requirements in 9VAC25-870-55; and
• Require, only for individual lots in residential
construction, that operators provide homeowners with written information about
the importance of final stabilization and signed documentation from the
permittee that the homeowner has been notified as part of the SWPPP documents
that must be maintained for three years after the completion of the project and
submitted with notice of termination.
9VAC25-880-45, which was added at the proposed stage to
clarify to operators of construction sites applying for permit coverage which
stormwater management technical design criteria from the Virginia Storm
Management Program Regulation (9VAC25-870) apply to a given project, was
removed in the final regulation.
9VAC25-880-1. Definitions.
The words and terms used in this chapter shall have the
meanings defined in the Virginia Stormwater Management Act (Article 2.3
(§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of
Virginia), this chapter, and 9VAC25-870 unless the context clearly indicates
otherwise, except as otherwise specified in this section. Terms not defined in
the Act, this chapter, or 9VAC25-870 shall have the meaning attributed to them
in the federal Clean Water Act (33 USC § 1251 et seq.) (CWA). For the
purposes of this chapter:
"Business day" means Monday through Friday
excluding state holidays.
"Commencement of land disturbance" means the
initial disturbance of soils associated with clearing, grading, or excavating
activities or other construction activities (e.g., stockpiling of fill
material).
"Construction site" means the land where any
land-disturbing activity is physically located or conducted, including any
adjacent land used or preserved in connection with the land-disturbing
activity.
"Final stabilization" means that one of the
following situations has occurred:
1. All soil disturbing activities at the site have been
completed and a permanent vegetative cover has been established on denuded
areas not otherwise permanently stabilized. Permanent vegetation shall not be
considered established until a ground cover is achieved that is uniform (e.g.,
evenly distributed), mature enough to survive, and will inhibit erosion.
2. For individual lots in residential construction, final
stabilization can occur by either:
a. The homebuilder completing final stabilization as specified
in subdivision 1 of this definition; or
b. The homebuilder establishing temporary soil stabilization,
including perimeter controls for an individual lot prior to occupation of the
home by the homeowner, and [ informing providing written
notification to ] the homeowner of the need for, and benefits of,
final stabilization. [ The homebuilder shall maintain a copy of the
written notification and a signed statement certifying that the information was
provided to the homeowner in accordance with the stormwater pollution
prevention plan recordkeeping requirements as specified in Part II G 6. ]
3. For construction projects on land used for agricultural
purposes, final stabilization may be accomplished by returning the disturbed
land to its preconstruction agricultural use. Areas disturbed that were not
previously used for agricultural activities, such as buffer strips immediately
adjacent to surface waters, and areas that are not being returned to their
preconstruction agricultural use must shall meet the final
stabilization criteria specified in subdivision 1 or 2 of this definition.
"Immediately" means as soon as practicable, but no
later than the end of the next business day, following the day when the land-disturbing
activities have temporarily or permanently ceased. In the context of this
general permit, "immediately" is used to define the deadline for
initiating stabilization measures.
"Impaired waters" means surface waters identified
as impaired on the 2012 2016 § 305(b)/303(d) Water Quality
Assessment Integrated Report.
"Infeasible" means not technologically possible or
not economically practicable and achievable in light of best industry
practices.
"Initiation of stabilization activities" means:
1. Prepping the soil for vegetative or nonvegetative
stabilization;
2. Applying mulch or other nonvegetative product to the
exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the above activities on a portion of the
area to be stabilized, but not on the entire area; or
5. Finalizing arrangements to have the stabilization product
fully installed in compliance with the applicable deadline for completing
stabilization.
This list is not exhaustive.
"Measurable storm event" means a rainfall event producing
0.25 inches of rain or greater over 24 hours.
"Stabilized" means land that has been treated to
withstand normal exposure to natural forces without incurring erosion damage.
9VAC25-880-15. Applicability of incorporated references based
on the dates that they became effective.
Except as noted, when a regulation of the United States set
forth in the Code of Federal Regulations is referenced and incorporated herein,
that regulation shall be as it exists and has been published in the July 1, 2013
2018, update.
9VAC25-880-20. Effective date of general permit.
This general permit is effective on July 1, 2014 2019.
The general permit will expire on June 30, 2019 2024. This
general permit is effective for any covered operator upon compliance with all
provisions of 9VAC25-880-30.
9VAC25-880-30. Authorization to discharge.
A. Any operator governed by this general permit is authorized
to discharge to surface waters of the Commonwealth of Virginia provided that:
1. The operator submits a complete and accurate registration
statement, if required to do so, in accordance with 9VAC25-880-50,
unless not required, and receives acceptance of the registration by the
board;
2. The operator submits any permit fees, if required to do
so unless not required, in accordance with 9VAC25-870-700 et seq.;
3. The operator complies with the applicable requirements of
9VAC25-880-70;
4. The operator obtains approval of:
a. An erosion and sediment control plan from the appropriate Virginia
Erosion and Sediment Control Program (VESCP) authority as authorized
under the Erosion and Sediment Control Regulations (9VAC25-840), unless the
operator receives from the VESCP authority an "agreement in lieu of a
plan" as defined in 9VAC25-840-10 or prepares the erosion and sediment control
plan in accordance with annual standards and specifications approved by the
department. The operator of any land-disturbing activity that is not
required to obtain erosion and sediment control plan approval from a VESCP
authority or is not required to adopt department-approved annual standards and
specifications shall submit the erosion and sediment control plan to the
department for review and approval; and
b. [ A Except as specified in 9VAC25-880-70
Part II B 3 b, a ] stormwater management plan from the appropriate VSMP
authority as authorized under the Virginia Stormwater Management Program
(VSMP) authority as authorized under the VSMP Regulation (9VAC25-870),
unless the operator receives from the VSMP authority an "agreement in lieu
of a stormwater management plan" as defined in 9VAC25-870-10 or prepares
the stormwater management plan in accordance with annual standards and
specifications approved by the department. The operator of any
land-disturbing activity that is not required to obtain stormwater management
plan approval from a VSMP authority or is not required to adopt
department-approved annual standards and specifications shall submit the
stormwater management plan to the department for review and approval; and
5. The board has not notified the operator that the discharge
is not eligible for coverage in accordance with subsection B of this section.
B. The board will notify an operator that the discharge is
not eligible for coverage under this general permit in the event of any of the
following:
1. The operator is required to obtain an individual permit in
accordance with 9VAC25-870-410 B;
2. The operator is proposing discharges to surface waters
specifically named in other board regulations that prohibit such discharges;
3. The discharge causes, may reasonably be expected to cause,
or contributes to a violation of water quality standards (9VAC25-260);
4. The discharge violates or would violate the antidegradation
policy in the Water Quality Standards (9VAC25-260-30); or
5. The discharge is not consistent with the assumptions and
requirements of an applicable TMDL approved prior to the term of this general
permit.
C. This general permit also authorizes stormwater discharges
from support activities (e.g., concrete or asphalt batch plants, equipment
staging yards, material storage areas, excavated material disposal areas,
borrow areas) located on-site or off-site provided that:
1. The support activity is directly related to a construction
activity that is required to have general permit coverage for discharges of
stormwater from construction activities;
2. The support activity is not a commercial operation, nor
does it serve multiple unrelated construction activities by different
operators;
3. The support activity does not operate beyond the completion
of the last construction activity it supports;
4. The support activity is identified in the registration
statement at the time of general permit coverage;
5. Appropriate control measures are identified in a stormwater
pollution prevention plan and implemented to address the discharges from the
support activity areas; and
6. All applicable, state, federal, and local approvals are
obtained for the support activity.
D. Support activities located off-site are not required to be
covered under this general permit. Discharges of stormwater from off-site
support activities may be authorized under another state or VPDES permit. Where
stormwater discharges from off-site support activities are not authorized under
this general permit, the land area of the off-site support activity need not be
included in determining the total land disturbance acreage of the construction
activity seeking general permit coverage.
E. Discharges authorized by this general permit may be
commingled with other sources of stormwater that are not required to be covered
under a state permit, so long as the commingled discharge is in compliance with
this general permit. Discharges authorized by a separate state or VPDES permit
may be commingled with discharges authorized by this general permit so long as
all such discharges comply with all applicable state and VPDES permit
requirements.
F. Authorized nonstormwater discharges. The following
nonstormwater discharges from construction activities are authorized by this
general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Water used to wash vehicles or equipment where soaps,
solvents, or detergents have not been used and the wash water has been
filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that has been filtered, settled,
or similarly treated prior to discharge;
5. Potable water source, including uncontaminated waterline
flushings [ , ] managed in a manner to avoid an instream
impact;
6. Routine external building wash down where soaps, solvents,
or detergents have not been used and the wash water has been filtered, settled,
or similarly treated prior to discharge;
7. Pavement wash water where spills or leaks of toxic or
hazardous materials have not occurred (or where all spilled or leaked material
has been removed prior to washing); where soaps, solvents, or detergents have
not been used; and where the wash water has been filtered, settled, or
similarly treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not
contaminated with process materials such as solvents;
11. Uncontaminated, excavation dewatering, including
dewatering of trenches and excavations that have been filtered, settled, or
similarly treated prior to discharge; and
12. Landscape irrigations.
G. Approval for coverage under this general permit does not
relieve any operator of the responsibility to comply with any other applicable
federal, state or local statute, ordinance or regulation.
H. Continuation of general permit coverage.
1. Any operator that was authorized to discharge under the
general permit issued in 2009 and that submits Permit coverage shall
expire at the end of its term. However, expiring permit coverages are
automatically continued if the owner has submitted a complete and
accurate registration statement on or before June 30, 2014 at
least 60 days prior to the expiration date of the permit, or a later submittal
date established by the board, which cannot extend beyond the expiration date
of the permit. The permittee is authorized to continue to discharge under
the terms of the 2009 general permit until such time as the board either:
a. Issues coverage to the operator under this general permit;
or
b. Notifies the operator that the discharge is not eligible
for coverage under this general permit.
2. When the operator is not in compliance with the
conditions of that was covered under the expiring or expired general
permit has violated the conditions of that permit, the board may choose
to do any or all of the following:
a. Initiate enforcement action based upon the 2009
general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the new
reissued general permit. If the general permit coverage is
denied, the owner or operator would then be required to cease the
activities discharges authorized by the continued general permit coverage
or be subject to enforcement action for operating without a state permit;
c. Issue a new state an individual permit with
appropriate conditions; or
d. Take other actions authorized by the VSMP Regulation
(9VAC25-870).
[ 9VAC25-880-45. Applicability of technical design
criteria for land-disturbing activities.
Any operator seeking coverage under this general permit
shall comply with the technical design criteria of the VSMP Regulation
(9VAC25-870) as described in this section:
1. New construction activities. Any operator proposing a
new stormwater discharge from construction activities and obtaining initial
permit coverage under the general permit effective July 1, 2019, shall be
subject to the technical design criteria requirements of Part II B
(9VAC25-870-62 et seq.) of the VSMP regulations. The operator shall continue to
be subject to the requirements of Part II B of the VSMP Regulation for two
additional permit cycles. After such time, portions of the project not under
construction shall become subject to any new technical criteria adopted by the
board.
2. Existing construction activities.
a. Time limits on applicability of approved technical
design criteria. Any operator that obtained authorization to discharge under
the general permits effective July 1, 2009, and July 1, 2014, for projects
meeting the requirements of 9VAC25-870-47 B, has maintained continuous permit
coverage since initial permit coverage was approved, and obtains coverage under
the general permit effective July 1, 2019, shall conduct land disturbance in
accordance with the requirements of Part II C (9VAC25-870-93 et seq.) of the
VSMP Regulation or to more stringent standards at the operator's discretion.
Portions of the project not under construction as of June 30, 2024, shall no
longer be eligible to use the technical design criteria in Part II C of the
VSMP Regulation.
b. Grandfathering.
(1) Any operator that obtained initial permit
authorization to discharge under the general permit effective July 1, 2014, for
projects meeting the requirements of 9VAC25-870-48 A, has maintained continuous
permit coverage since initial permit coverage was approved, and obtains
coverage under the general permit effective July 1, 2019, shall conduct land
disturbance in accordance with Part II C (9VAC25-870-93 et seq.) of the VSMP
Regulation or more stringent standards at the operator's discretion. Portions of
the project not under construction as of June 30, 2019, shall no longer be
eligible to use the technical design criteria in Part II C of the VSMP
Regulation.
(2) For locality, state, and federal projects, any
operator that obtained initial permit authorization to discharge under the
general permit effective July 1, 2014, for projects meeting the requirements of
9VAC25-870-48 B, has maintained continuous permit coverage since initial permit
coverage was approved, and obtains coverage under the general permit effective
July 1, 2019, shall conduct land disturbance in accordance with Part II C
(9VAC25-870-93 et seq.) of the VSMP Regulation or more stringent standards at
the operator's discretion. Portions of the project not under construction as of
June 30, 2019, shall no longer be eligible to use the technical design criteria
in Part II C of the VSMP Regulation.
(3) Projects in which government bonding or public debt
financing has been issued prior to July 1, 2012, shall be subject to the
technical design criteria of Part II C (9VAC25-870-93 et seq.) of the VSMP
Regulation or a more stringent standards at its discretion.
c. Any operator that obtained authorization to discharge
under the general permit effective on July 1, 2014, and obtained stormwater
management plan approval consistent with Part II B (9VAC25-870-62 et seq.) of
the VSMP Regulation shall continue to be subject to the requirements of Part II
B of the VSMP Regulation for two additional permit cycles. After such time,
portions of the project not under construction shall become subject to any new
technical criteria adopted by the board.
d. For purposes of subdivision 2 of this section,
"portions of a project not under construction" means:
(1) Any construction activity permitted as described in
subdivisions 2 a and 2 b of this section and included on an approved stormwater
management plan for which land disturbance has not commenced for any activities
on the approved stormwater management plan; or
(2) For locality, state, and federal projects permitted
as described in subdivision 2 b (2) of this section, those projects that
obtained initial state permit coverage under the general permit effective July
1, 2014, and for which a contract award for construction is not issued by
December 31, 2020. ]
9VAC25-880-50. General permit application (registration
statement) Registration statement.
A. Deadlines for submitting registration statement. Any
operator seeking coverage under this general permit, and that is required to
submit a registration statement, shall submit a complete and accurate general
VPDES permit registration statement in accordance with this section, which
shall serve as a notice of intent for coverage under the general VPDES permit
for discharges of stormwater from construction activities.
1. New construction activities.
a. Any operator proposing a new stormwater discharge from
construction activities shall submit a complete and accurate registration
statement to the VSMP authority prior to the commencement of land disturbance.
b. Any operator proposing a new stormwater discharge from
construction activities in response to a public emergency where the related
work requires immediate authorization to avoid imminent endangerment to human
health or the environment is authorized to discharge under this general permit,
provided that:
(1) The operator submits a complete and accurate registration
statement to the VSMP authority no later than 30 days after commencing land
disturbance; and
(2) Documentation to substantiate the occurrence of the public
emergency is provided with the registration statement.
c. Any operator proposing a new stormwater discharge associated
with the construction of a single-family detached residential structure, within
or outside a common plan of development or sale, is authorized to discharge
under this general permit and is not required to submit a registration
statement or the department portion of the permit fee.
2. Existing construction activities.
a. Any operator that who was authorized to
discharge under the expiring or expired general permit issued in 2009
and that who intends to continue coverage under this general
permit shall:
(1) Submit a complete and accurate registration statement to
the VSMP authority on or before June 1, 2014 at least 60 days prior
to the expiration date of the existing permit or a later submittal date
established by the board; and
(2) Update its stormwater pollution prevention plan to comply
with the requirements of this general permit no later than 60 days after the
date of coverage under this general permit.
b. Any operator with an existing stormwater discharge
associated with the construction of a single-family detached residential
structure, within or outside a common plan of development or sale that intends
to continue coverage under this general permit, is authorized to discharge
under this general permit and is not required to submit a registration statement
or the department portion of the permit fee, provided that the operator updates
its stormwater pollution prevention plan to comply with the requirements of
this general permit no later than 60 days after the date of coverage under this
general permit.
3. For stormwater discharges from construction activities
where the operator changes, the new operator must shall submit a
complete and accurate registration statement or transfer agreement form and
any other documents deemed necessary by the VSMP authority to the VSMP
authority to demonstrate transfer of ownership and long-term maintenance
responsibilities for stormwater management facilities, as required, has
occurred prior to assuming operational control over site specifications or
commencing work on-site.
4. Late notifications. Operators are not prohibited from
submitting registration statements after commencing land disturbance. When a
late registration statement is submitted, authorization for discharges shall
not occur until coverage under the general permit is issued. The VSMP
authority, department, board, and the EPA reserve the right to take enforcement
action for any unpermitted discharges that occur between the commencement of
land disturbance and discharge authorization.
5. Late registration statements. Registration statements
for existing facilities covered under subdivision A 2 a of this section will be
accepted after the expiration date of this permit, but authorization to
discharge will not be retroactive. [ The VSMP authority,
department, board, and the EPA reserve the right to take enforcement action for
any unpermitted discharges that occur after existing permit coverage expires
and prior to coverage under this permit is approved. ]
B. Registration statement. The operator shall submit a registration
statement to the VSMP authority that shall contain contains the
following information:
1. Name, contact, mailing address, telephone number, and email
address if available of the construction activity operator. No more than one
operator may receive coverage under each registration statement;
NOTE: General permit coverage will be issued to this operator,
and the certification in subdivision 11 [ 19 17 ]
of this subsection must shall be signed by the appropriate person
associated with this operator as described in Part III K of 9VAC25-880-70.
2. Name and physical location if available address
of the construction activity and all off-site support activities activity,
when available, to be covered under this general permit, including city or
county, and latitude and longitude in decimal degrees (six digits -
ten-thousandths place);
3. A site map [ in a format specified by the
VSMP authority (in a 8.5 inch by 11 inch format) ] showing
the location of the existing or proposed land-disturbing activities [ ,
for which the operator is seeking permit coverage, ] the limits of
land disturbance, construction entrances, [ on-site support
activities, ] and all water bodies receiving stormwater discharges
from the site;
4. If offsite support activities will be used, the name and
physical location address, when available, of those offsite support activities,
including city or county; latitude and longitude in decimal degrees (six digits
- ten-thousandths place); and whether or not the offsite support activity will
be covered under this general permit or a separate VPDES permit;
5. Status of the construction activity: federal, state,
public, or private;
4. 6. Nature of the construction activity (e.g.,
commercial, industrial, residential, agricultural, oil and gas, etc.);
7. If stormwater management plans for the construction
activity have been approved by an entity with department approved annual
standards and specifications, the name of the entity with the department
approved annual standards and specifications. A copy of the annual standard and
specification entity form shall be submitted with the registration statement;
8. If the construction activity was previously authorized
to discharge under the general permit effective July 1, 2014, the [ dates
date ] of erosion and sediment control plan approval [ for
the estimated area to be disturbed by the construction activity during this
permit term ];
9. If the construction activity was previously authorized
to discharge under the general permit effective July 1, 2014, whether land
disturbance has commenced;
5. 10. Name of the receiving water(s) waters
and sixth order Hydrologic Unit Code (HUC);
6. 11. If the discharge is through a municipal
separate storm sewer system (MS4), the name of the municipal separate storm
sewer system MS4 operator;
7. 12. Estimated project start date and
completion date;
8. 13. Total land area of development and
estimated area to be disturbed by the construction activity [ during
this permit term ] (to the nearest one-hundredth of an acre);
9. 14. Whether the area to be disturbed by the
construction activity is part of a larger common plan of development or sale;
[ 15. For cases of development on prior
developed lands, whether the area disturbed by the construction activity
results in the demolition of structures equal to or greater than 10,000 square
feet of floor space built or renovated prior to January 1, 1980;
16. Where applicable, a stormwater management
maintenance agreement in accordance with 9VAC25-870-112 A;
17. 15. ] If nutrient credits are
to be used to demonstrate compliance with the water quality technical criteria
as allowed in 9VAC25-870-65 F, a letter of availability from an appropriate
nutrient bank that nonpoint source nutrient credits are available [ .
Prior to issuance of state permit coverage, an affidavit of sale documenting
that nonpoint source nutrient credits have been obtained shall be submitted ];
10. [ 18. 16. ] A
stormwater pollution prevention plan (SWPPP) must shall be
prepared in accordance with the requirements of the General VPDES Permit for
Stormwater Discharges from Construction Activities prior to submitting the
registration statement. By signing the registration statement the operator
certifies that the SWPPP has been prepared; and
11. [ 19. 17. ] The
following certification: "I certify under penalty of law that I have read
and understand this registration statement and that this document and all attachments
were prepared in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated 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."
C. The registration statement shall be signed in accordance
with 9VAC25-880-70, Part III K.
9VAC25-880-60. Termination of general permit coverage.
A. Requirements. The operator of the construction activity
shall submit a complete and accurate notice of termination [ ,
unless a registration statement was not required to be submitted in accordance
with 9VAC25-880-50 A 1 c or A 2 b for single-family detached residential
structures, ] to the VSMP authority after one or more of the following
conditions have been met:
1. Necessary permanent control measures included in the SWPPP
for the site are in place and functioning effectively and final stabilization
has been achieved on all portions of the site for which the operator is responsible
has operational control. When applicable, long-term responsibility and
maintenance requirements for permanent control measures shall be recorded in
the local land records prior to the submission of a complete and accurate
notice of termination [ , and the construction record drawing prepared ];
2. Another operator has assumed control over all areas of the
site that have not been finally stabilized and obtained coverage for the
ongoing discharge;
3. Coverage under an alternative VPDES or state permit has
been obtained; or
4. For individual lots in residential construction
only, temporary soil final stabilization as defined in
9VAC25-880-1 has been completed [ , including providing written
notification to the homeowner and incorporating a copy of the notification and
signed certification statement into the SWPPP, ] and the residence has
been transferred to the homeowner.
B. Notice of termination
due date and effective date.
1. The notice of termination should shall
be submitted no later than 30 days after one of the above conditions in
subsection A of this section is met.
2. Termination of [ authorizations
authorization ] to discharge for the conditions set forth in
subdivision A 1 of this section shall become effective upon notification from
the department that the provisions of subdivision A 1 of this section have been
met or 60 days after submittal of a complete and accurate notice of
termination, whichever occurs first.
3. Authorization to discharge terminates at midnight on
the date that the notice of termination is submitted for the conditions set
forth in subdivisions A 2 through A 4 of this subsection section
unless otherwise notified by the VSMP authority or the department. Termination
of authorizations to discharge for the conditions set forth in subdivision 1 of
this subsection shall be effective upon notification from the department that
the provisions of subdivision 1 of this subsection have been met or 60 days
after submittal of the notice of terminations, whichever occurs first.
B. C. Notice of termination. The complete
notice of termination shall contain the following information:
1. Name, contact, mailing address, telephone number, and email
address, if available, of the construction activity operator.;
2. Name and physical location if available address
of the construction activity, when available, covered under this general
permit, including city or county, and latitude and longitude in decimal degrees.
(six digits - ten-thousandths place);
3. The general permit registration number.;
4. The basis for submission of the notice of termination,
pursuant to subsection A of this section.;
5. Where applicable, a list of the on-site and off-site
permanent control measures (both structural and nonstructural) that were
installed to comply with the stormwater management water quality and water
quantity technical criteria. For each permanent control measure that was
installed, the following information shall be included:
a. The type of permanent control measure installed and the
date that it became functional as a permanent control measure;
b. The location if available of the permanent control
measure, including city or county, and latitude and longitude in decimal
degrees;
c. The receiving water of to which the permanent
control measures discharge; and
d. The number of total and impervious acres treated by the
permanent control measure measures (to the nearest one-tenth
one-hundredth of an acre).;
6. Where applicable, the following information related to participation
in a regional stormwater management plan. For each regional stormwater
management facility, the following information shall be included:
a. The type of regional facility to which the site
contributes;
b. The location if available of the regional facility,
including city or county, and latitude and longitude in decimal degrees; and
c. The number of total and impervious site acres treated by
the regional facility (to the nearest one-tenth one-hundredth of
an acre).;
[ 7. Where applicable, the following information related
to perpetual nutrient credits that were acquired in accordance with
§ 62.1-44.15:35 of the Code of Virginia:
a. The name of the nonpoint nutrient credit generating entity
from which perpetual nutrient credits were acquired; and
b. The number of perpetual nutrient credits acquired (lbs. per
acre per year). ]
[ 7. 8. ] A construction
record drawing in a format as specified by the VSMP authority for permanent
stormwater management facilities in accordance with 9VAC25-870-55 D appropriately
sealed and signed by a professional registered in the Commonwealth of Virginia,
certifying that the stormwater management facilities have been constructed in
accordance with the approved plan;
[ 8. 9. ] Where applicable,
evidence that the signed Stormwater Management Maintenance Agreement has been
recorded [ in an instrument within the local land records ];
[ 9. 10. ] For individual
lots in residential construction only [ when the homebuilder
established temporary soil stabilization ], a signed statement from
the permittee that the new owner, if not the same as the permittee, has been
notified of the final stabilization requirements; and
8. [ 10. 11. ] The
following certification: "I certify under penalty of law that I have read
and understand this notice of termination and that this document and all
attachments were prepared in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated 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."
C. D. The notice of termination shall be signed
in accordance with 9VAC25-880-70 Part III K.
D. E. Termination by the board. The board may
terminate coverage under this general permit during its term and require
application for an individual permit or deny a general permit renewal
application on its own initiative in accordance with the Act, this chapter, and
the VSMP Regulation, 9VAC25-870.
9VAC25-880-70. General permit.
Any operator whose registration statement is accepted by the
board will receive the following general permit and shall comply with the
requirements contained therein and be subject to all requirements of
9VAC25-870.
General Permit No.: VAR10
Effective Date: July 1, 2014 2019
Expiration Date: June 30, 2019 2024
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM
CONSTRUCTION ACTIVITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER
MANAGEMENT PROGRAM AND THE VIRGINIA STORMWATER MANAGEMENT ACT
In compliance with the provisions of the Clean Water Act, as
amended, and pursuant to the Virginia Stormwater Management Act and regulations
adopted pursuant thereto, operators of construction activities are authorized
to discharge to surface waters within the boundaries of the Commonwealth of
Virginia, except those specifically named in State Water Control Board
regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the
registration statement filed with the Department of Environmental Quality,
this cover page, Part I - Discharge Authorization and Special Conditions, Part
II - Stormwater Pollution Prevention Plan, and Part III - Conditions Applicable
to All VPDES Permits as set forth herein in this general permit.
PART I
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS
A. Coverage under this general permit.
1. During the period beginning with the date of coverage under
this general permit and lasting until the general permit's expiration date, the
operator is authorized to discharge stormwater from construction activities.
2. This general permit also authorizes stormwater discharges
from support activities (e.g., concrete or asphalt batch plants, equipment
staging yards, material storage areas, excavated material disposal areas,
borrow areas) located on-site or off-site provided that:
a. The support activity is directly related to the
construction activity that is required to have general permit coverage for
discharges of stormwater from construction activities;
b. The support activity is not a commercial operation, nor
does it serve multiple unrelated construction activities by different
operators;
c. The support activity does not operate beyond the completion
of the last construction activity it supports;
d. The support activity is identified in the registration
statement at the time of general permit coverage;
e. Appropriate control measures are identified in a stormwater
pollution prevention plan and implemented to address the discharges from the
support activity areas; and
f. All applicable state, federal, and local approvals are
obtained for the support activity.
B. Limitations on coverage.
1. Post-construction discharges. This general permit does not
authorize stormwater discharges that originate from the site after construction
activities have been completed and the site, including any support activity
sites covered under the general permit registration, has undergone final
stabilization. Post-construction industrial stormwater discharges may need to
be covered by a separate VPDES permit.
2. Discharges mixed with nonstormwater. This general permit
does not authorize discharges that are mixed with sources of nonstormwater,
other than those discharges that are identified in Part I E (Authorized
nonstormwater discharges) and are in compliance with this general permit.
3. Discharges covered by another state permit. This general
permit does not authorize discharges of stormwater from construction activities
that have been covered under an individual permit or required to obtain
coverage under an alternative general permit.
4. Impaired waters and TMDL total maximum daily load
(TMDL) limitation.
a. Nutrient and sediment impaired waters. Discharges of
stormwater from construction activities to surface waters identified as
impaired in the 2012 2016 § 305(b)/303(d) Water Quality
Assessment Integrated Report or for which a TMDL wasteload allocation has been
established and approved prior to the term of this general permit for (i)
sediment or a sediment-related parameter (i.e., total suspended solids or
turbidity) or (ii) nutrients (i.e., nitrogen or phosphorus) are not eligible
for coverage under this general permit unless the operator develops,
implements, and maintains a SWPPP stormwater pollution prevention
plan (SWPPP) in accordance with Part II B 5 of this permit that minimizes
the pollutants of concern and, when applicable, is consistent with the assumptions
and requirements of the approved TMDL wasteload allocations. In addition,
the operator shall implement the following items: allocations and
implements an inspection frequency consistent with Part II G 2 a.
a. The impaired water(s), approved TMDL(s), and
pollutant(s) of concern, when applicable, shall be identified in the SWPPP;
b. Permanent or temporary soil stabilization shall be
applied to denuded areas within seven days after final grade is reached on any
portion of the site;
c. Nutrients shall be applied in accordance with
manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
d. The applicable SWPPP inspection requirements specified
in Part II F 2 shall be amended as follows:
(1) Inspections shall be conducted at a frequency of (i) at
least once every four business days or (ii) at least once every five business
days and no later than 48 hours following a measurable storm event. In the
event that a measurable storm event occurs when there are more than 48 hours
between business days, the inspection shall be conducted on the next business
day; and
(2) Representative inspections used by utility line
installation, pipeline construction, or other similar linear construction
activities shall inspect all outfalls discharging to surface waters identified
as impaired or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit.
b. Polychlorinated biphenyl (PCB) impaired waters. Discharges
of stormwater from construction activities that include the demolition of any
structure with at least 10,000 square feet of floor space built or renovated
before January 1, 1980, to surface waters identified as impaired in the 2016 §
305(b)/303(d) Water Quality Assessment Integrated Report or for which a TMDL
wasteload allocation has been established and approved prior to the term of
this general permit for PCB are not eligible for coverage under this general
permit unless the operator develops, implements, and maintains a SWPPP in
accordance with Part II B 6 of this permit that minimizes the pollutants of
concern and, when applicable, is consistent with the assumptions and
requirements of the approved TMDL wasteload allocations, and implements an inspection
frequency consistent with Part II G 2 a.
5. Exceptional waters limitation. Discharges of stormwater
from construction activities not previously covered under the general permit issued
in 2009 effective on July 1, 2014, to exceptional waters identified
in 9VAC25-260-30 A 3 c are not eligible for coverage under this general permit
unless the operator implements the following: develops, implements,
and maintains a SWPPP in accordance with Part II B 7 of this permit and implements
an inspection frequency consistent with Part II G 2 a.
a. The exceptional water(s) shall be identified in the
SWPPP;
b. Permanent or temporary soil stabilization shall be
applied to denuded areas within seven days after final grade is reached on any
portion of the site;
c. Nutrients shall be applied in accordance with
manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
d. The applicable SWPPP inspection requirements specified in
Part II F 2 shall be amended as follows:
(1) Inspections shall be conducted at a frequency of (i) at
least once every four business days or (ii) at least once every five business
days and no later than 48 hours following a measurable storm event. In the event
that a measurable storm event occurs when there are more than 48 hours between
business days, the inspection shall be conducted on the next business day; and
(2) Representative inspections used by utility line
installation, pipeline construction, or other similar linear construction
activities shall inspect all outfalls discharging to exceptional waters.
6. There shall be no discharge of floating solids or visible
foam in other than trace amounts.
C. Commingled discharges. Discharges authorized by this
general permit may be commingled with other sources of stormwater that are not
required to be covered under a state permit, so long as the commingled
discharge is in compliance with this general permit. Discharges authorized by a
separate state or VPDES permit may be commingled with discharges authorized by
this general permit so long as all such discharges comply with all applicable
state and VPDES permit requirements.
D. Prohibition of nonstormwater discharges. Except as
provided in Parts I A 2, I C, and I E, all discharges covered by this general
permit shall be composed entirely of stormwater associated with construction
activities. All other discharges including the following are prohibited:
1. Wastewater from washout of concrete;
2. Wastewater from the washout and cleanout of stucco, paint,
form release oils, curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and
equipment operation and maintenance;
4. Oils, toxic substances, or hazardous substances from spills
or other releases; and
5. Soaps, solvents, or detergents used in equipment and
vehicle washing.
E. Authorized nonstormwater discharges. The following
nonstormwater discharges from construction activities are authorized by this
general permit when discharged in compliance with this general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Waters used to wash vehicles or equipment where soaps,
solvents, or detergents have not been used and the wash water has been
filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that has been filtered, settled,
or similarly treated prior to discharge;
5. Potable water sources, including uncontaminated waterline
flushings [ , ] managed in a manner to avoid an instream
impact;
6. Routine external building wash down where soaps, solvents
or detergents have not been used and the wash water has been filtered, settled,
or similarly treated prior to discharge;
7. Pavement wash waters where spills or leaks of toxic or
hazardous materials have not occurred (or where all spilled or leaked material
has been removed prior to washing); where soaps, solvents, or detergents have
not been used; and where the wash water has been filtered, settled, or similarly
treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated ground water or spring water;
10. Foundation or footing drains where flows are not
contaminated with process materials such as solvents;
11. Uncontaminated excavation dewatering, including dewatering
of trenches and excavations that have been filtered, settled, or similarly
treated prior to discharge; and
12. Landscape irrigation.
F. Termination of general
permit coverage.
1. The operator of the construction activity shall submit a
notice of termination in accordance with 9VAC25-880-60 [ , unless a
registration statement was not required to be submitted in accordance with
9VAC25-880-50 A 1 c or A 2 b for single-family detached residential structures, ]
to the VSMP authority after one or more of the following conditions have been
met:
a. Necessary permanent control measures included in the SWPPP
for the site are in place and functioning effectively and final stabilization
has been achieved on all portions of the site for which the operator is
responsible has operational control. When applicable, long term
responsibility and maintenance requirements for permanent control measures
shall be recorded in the local land records prior to the submission of a complete
and accurate notice of termination and the construction record drawing
prepared;
b. Another operator has assumed control over all areas of the
site that have not been finally stabilized and obtained coverage for the
ongoing discharge;
c. Coverage under an alternative VPDES or state permit has
been obtained; or
d. For individual lots in residential construction
only, temporary soil final stabilization as defined in
9VAC25-880-1 has been completed [ , including providing written
notification to the homeowner and incorporating a copy of the notification and
signed certification statement into the SWPPP, ] and the residence has
been transferred to the homeowner.
2. The notice of termination should shall be
submitted no later than 30 days after one of the above conditions in
subdivision 1 of this subsection is met. Authorization to discharge
terminates at midnight on the date that the notice of termination is submitted
for the conditions set forth in subdivisions 1 b through 1 d of this subsection.
3. Termination of [ authorizations authorization ]
to discharge for the conditions set forth in subdivision 1 a of this subsection
shall be effective upon notification from the department that the provisions of
subdivision 1 a of this subsection have been met or 60 days after submittal of the
a complete and accurate notice of termination in accordance with
9VAC25-880-60 C, whichever occurs first.
4. Authorization to discharge terminates at midnight on the
date that the notice of termination is submitted for the conditions set forth
in subdivisions 1 b through 1 d of this subsection unless otherwise notified by
the VSMP authority or department.
3. 5. The notice of termination shall be signed
in accordance with Part III K of this general permit.
G. Water quality protection.
1. The operator must shall select, install,
implement [ , ] and maintain control measures as identified in
the SWPPP at the construction site that minimize pollutants in the discharge as
necessary to ensure that the operator's discharge does not cause or contribute
to an excursion above any applicable water quality standard.
2. If it is determined by the department that the operator's
discharges are causing, have reasonable potential to cause, or are contributing
to an excursion above any applicable water quality standard, the department, in
consultation with the VSMP authority, may take appropriate enforcement action
and require the operator to:
a. Modify or implement additional control measures in
accordance with Part II B C to adequately address the identified
water quality concerns;
b. Submit valid and verifiable data and information that are
representative of ambient conditions and indicate that the receiving water is
attaining water quality standards; or
c. Submit an individual permit application in accordance with
9VAC25-870-410 B 3.
All written responses required under this chapter must shall
include a signed certification consistent with Part III K.
PART II
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
1. A stormwater pollution prevention plan (SWPPP) shall
be developed prior to the submission of a registration statement and
implemented for the construction activity, including any support activity,
covered by this general permit. SWPPPs shall be prepared in accordance with
good engineering practices. Construction activities that are part of a larger
common plan of development or sale and disturb less than one acre may utilize a
SWPPP template provided by the department and need not provide a separate stormwater
management plan if one has been prepared and implemented for the larger common
plan of development or sale.
2. The SWPPP requirements of this general permit may be
fulfilled by incorporating by reference other plans such as a spill prevention
control and countermeasure (SPCC) plan developed for the site under § 311
of the federal Clean Water Act or best management practices (BMP) programs
otherwise required for the facility provided that the incorporated plan meets
or exceeds the SWPPP requirements of Part II A B. All plans
incorporated by reference into the SWPPP become enforceable under this general
permit. If a plan incorporated by reference does not contain all of the
required elements of the SWPPP, the operator must shall develop
the missing elements and include them in the SWPPP.
3. Any operator that was authorized to discharge under
the general permit issued in 2009 effective July 1, 2014, and
that intends to continue coverage under this general permit, shall update its stormwater
pollution prevention plan to comply with the requirements of this general
permit no later than 60 days after the date of coverage under this general
permit.
A. Stormwater pollution prevention plan contents B.
Contents. The SWPPP shall include the following items:
1. General information.
a. A signed copy of the registration statement, if required,
for coverage under the general VPDES permit for discharges of stormwater from
construction activities;
b. Upon receipt, a copy of the notice of coverage under the
general VPDES permit for discharges of stormwater from construction activities
(i.e., notice of coverage letter);
c. Upon receipt, a copy of the general VPDES permit for
discharges of stormwater from construction activities;
d. A narrative description of the nature of the construction
activity, including the function of the project (e.g., low density residential,
shopping mall, highway, etc.);
e. A legible site plan identifying:
(1) Directions of stormwater flow and approximate slopes
anticipated after major grading activities;
(2) Limits of land disturbance including steep slopes and
natural buffers around surface waters that will not be disturbed;
(3) Locations of major structural and nonstructural control
measures, including sediment basins and traps, perimeter dikes, sediment
barriers, and other measures intended to filter, settle, or similarly treat
sediment, that will be installed between disturbed areas and the undisturbed
vegetated areas in order to increase sediment removal and maximize stormwater
infiltration;
(4) Locations of surface waters;
(5) Locations where concentrated stormwater is discharged;
(6) Locations of any support activities, when
applicable and when required by the VSMP authority, including but not
limited to (i) areas where equipment and vehicle washing, wheel wash water,
and other wash water is to occur; (ii) storage areas for chemicals such as
acids, fuels, fertilizers, and other lawn care chemicals; (iii) concrete wash
out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste
facilities, including those temporarily placed on the construction site; and
(vi) construction waste storage; and
(7) When applicable, the location of the on-site rain gauge or
the methodology established in consultation with the VSMP authority used to
identify measurable storm events for inspection purposes as allowed
by Part II [ F 2 b (2) G 2 a (1) (ii) or 2 b (2) ].
2. Erosion and sediment control plan.
a. An erosion and sediment control plan designed and
approved by the VESCP authority as authorized under in accordance
with the Virginia Erosion and Sediment Control Regulations
(9VAC25-840), an "agreement in lieu of a plan" as defined in
9VAC25-840-10 from the VESCP authority, or an erosion and sediment control plan
prepared in accordance with annual standards and specifications approved by the
department. Any operator proposing a new stormwater discharge from
construction activities that is not required to obtain erosion and sediment
control plan approval from a VESCP authority or does not adopt
department-approved annual standards and specifications shall submit the
erosion and sediment control plan to the department for review and approval.
b. All erosion and sediment control plans shall include a
statement describing the maintenance responsibilities required for the erosion
and sediment controls used.
c. A properly implemented An approved erosion
and sediment control plan, "agreement in lieu of a plan," or erosion
and sediment control plan prepared in accordance with department-approved
annual standards and specifications, adequately implemented to:
(1) Controls Control the volume and velocity of
stormwater runoff within the site to minimize soil erosion;
(2) Controls Control stormwater discharges,
including peak flow rates and total stormwater volume, to minimize erosion at
outlets and to minimize downstream channel and stream bank erosion;
(3) Minimizes Minimize the amount of soil
exposed during the construction activity;
(4) Minimizes Minimize the disturbance of steep
slopes;
(5) Minimizes Minimize sediment discharges from
the site in a manner that addresses (i) the amount, frequency, intensity, and
duration of precipitation; (ii) the nature of resulting stormwater runoff; and
(iii) soil characteristics, including the range of soil particle sizes present
on the site;
(6) Provides Provide and maintains maintain
natural buffers around surface waters, [ directs direct ]
stormwater to vegetated areas to increase sediment removal, and [ maximizes
maximize ] stormwater infiltration, unless infeasible;
(7) Minimizes Minimize soil compaction and,
unless infeasible, [ preserves preserve ] topsoil;
(8) Ensures that Ensure initiation of
stabilization activities, as defined in 9VAC25-880-1, of disturbed areas
will be initiated immediately whenever any clearing, grading,
excavating, or other land-disturbing activities have permanently ceased on any
portion of the site, or temporarily ceased on any portion of the site and will
not resume for a period exceeding 14 days; and
(9) Utilizes Utilize outlet structures that
withdraw stormwater from the surface (i.e., above the permanent pool or wet
storage water surface elevation), unless infeasible, when discharging from
sediment basins or sediment traps.
3. Stormwater management plan.
a. New construction activities. A Except for those
projects identified in Part II B 3 b [ and 3 a, a ]
stormwater management plan approved by the VSMP authority as authorized under
the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), or
an "agreement in lieu of a stormwater management plan" as defined in
9VAC25-870-10 from the VSMP authority, or a stormwater management plan prepared
in accordance with annual standards and specifications approved by the
department. Any operator proposing a new stormwater discharge from
construction activities that is not required to obtain stormwater management
plan approval from a VSMP authority or does not adopt department-approved
annual standards and specifications shall submit the stormwater management plan
to the department for review and approval.
b. Existing construction activities. Any For any
operator [ that was authorized to discharge under the general ]
permit issued in 2009, and that intends to continue coverage under this
general permit, shall ensure compliance with [ permits effective
July 1, 2009, and July 1, 2014, for projects ] meeting the
[ requirements conditions ] of 9VAC25-870-93 through
9VAC25-870-99 of the VSMP Regulation, including but not limited to the
water quality and quantity requirements The 9VAC25-870-47 B [ of
the VSMP regulation ], an approved stormwater management plan is
not required. In lieu of an approved stormwater management plan, the SWPPP
shall include a description of, and all necessary calculations supporting, all post-construction
stormwater management measures that will be installed prior to the completion
of the construction process to control pollutants in stormwater discharges
after construction operations have been completed. Structural measures should
be placed on upland soils to the degree possible. Such measures must be
designed and installed in accordance with applicable VESCP authority, VSMP
authority, state, and federal requirements, and any necessary permits must be
obtained.
4. Pollution prevention plan. A pollution prevention plan that
addresses potential pollutant-generating activities that may reasonably be
expected to affect the quality of stormwater discharges from the construction
activity, including any support activity. The pollution prevention plan shall:
a. Identify the potential pollutant-generating activities and
the pollutant that is expected to be exposed to stormwater;
b. Describe the location where the potential
pollutant-generating activities will occur, or if identified on the site plan,
reference the site plan;
c. Identify all nonstormwater discharges, as authorized in
Part I E of this general permit, that are or will be commingled with stormwater
discharges from the construction activity, including any applicable support
activity;
d. Identify the person responsible for implementing the
pollution prevention practice or practices for each pollutant-generating
activity (if other than the person listed as the qualified personnel);
e. Describe the pollution prevention practices and procedures
that will be implemented to:
(1) Prevent and respond to leaks, spills, and other releases
including (i) procedures for expeditiously stopping, containing, and cleaning
up spills, leaks, and other releases; and (ii) procedures for reporting leaks,
spills, and other releases in accordance with Part III G;
(2) Prevent the discharge of spilled and leaked fuels and
chemicals from vehicle fueling and maintenance activities (e.g., providing
secondary containment such as spill berms, decks, spill containment pallets,
providing cover where appropriate, and having spill kits readily available);
(3) Prevent the discharge of soaps, solvents, detergents, and
wash water from construction materials, including the clean-up of stucco,
paint, form release oils, and curing compounds (e.g., providing (i) cover
(e.g., plastic sheeting or temporary roofs) to prevent contact with stormwater;
(ii) collection and proper disposal in a manner to prevent contact with
stormwater; and (iii) a similarly effective means designed to prevent discharge
of these pollutants);
(4) Minimize the discharge of pollutants from vehicle and
equipment washing, wheel wash water, and other types of washing (e.g., locating
activities away from surface waters and stormwater inlets or conveyance and
directing wash waters to sediment basins or traps, using filtration devices
such as filter bags or sand filters, or using similarly effective controls);
(5) Direct concrete wash water into a leak-proof container or
leak-proof settling basin. The container or basin shall be designed so that no
overflows can occur due to inadequate sizing or precipitation. Hardened
concrete wastes shall be removed and disposed of in a manner consistent with
the handling of other construction wastes. Liquid concrete wastes shall be removed
and disposed of in a manner consistent with the handling of other construction
wash waters and shall not be discharged to surface waters;
(6) Minimize the discharge of pollutants from storage,
handling, and disposal of construction products, materials, and wastes
including (i) building products such as asphalt sealants, copper flashing,
roofing materials, adhesives, and concrete admixtures; (ii) pesticides,
herbicides, insecticides, fertilizers, and landscape materials; and (iii)
construction and domestic wastes such as packaging materials, scrap
construction materials, masonry products, timber, pipe and electrical cuttings,
plastics, Styrofoam, concrete, and other trash or building materials;
(7) Prevent the discharge of fuels, oils, and other petroleum
products, hazardous or toxic wastes, [ excess waste ]
concrete, and sanitary wastes; and
(8) Address any other discharge from the potential
pollutant-generating activities not addressed above; and
(9) Minimize the exposure of waste materials to precipitation
by closing or covering waste containers during precipitation events and at the
end of the business day, or implementing other similarly effective
practices. Minimization of exposure is not required in cases where the
exposure to precipitation will not result in a discharge of pollutants; and
f. Describe procedures for providing pollution prevention
awareness of all applicable wastes, including any wash water, disposal
practices, and applicable disposal locations of such wastes, to personnel in
order to comply with the conditions of this general permit. The operator shall
implement the procedures described in the SWPPP.
5. SWPPP requirements for discharges to impaired waters,
surface waters with an applicable TMDL wasteload allocation established and approved
prior to the term of this general permit, and exceptional waters. The SWPPP
shall: nutrient and sediment impaired waters. For discharges to surface
waters (i) identified as impaired in the 2016 § 305(b)/303(d) Water Quality
Assessment Integrated Report or (ii) with an applicable TMDL wasteload
allocation established and approved prior to the term of this general permit
for sediment for a sediment-related parameter (i.e., total suspended solids or
turbidity) or nutrients (i.e., nitrogen or phosphorus), the operator shall:
a. Identify the impaired water(s) waters,
approved TMDL(s) TMDLs, pollutant(s) and pollutants
of concern, and exceptional waters identified in 9VAC25-260-30 A 3 c, when
applicable; in the SWPPP; and
b. Provide clear direction in the SWPPP that:
(1) Permanent or temporary soil stabilization shall be applied
to denuded areas within seven days after final grade is reached on any portion
of the site;
(2) Nutrients shall be applied in accordance with
manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
(3) A modified inspection schedule shall be implemented in
accordance with Part I B 4 or Part I B 5 II G 2 a.
6. SWPPP requirements for discharges to polychlorinated
biphenyl (PCB) impaired waters. For discharges from construction activities
that include the demolition of any structure with at least 10,000 square feet
of floor space built or renovated before January 1, 1980, to surface waters (i)
identified as impaired in the 2016 § 305(b)/303(d) Water Quality
Assessment Integrated Report or (ii) with an applicable TMDL wasteload
allocation established and approved prior to the term of this general permit
for [ PCBs PCB ], the operator shall:
a. Identify the impaired waters, approved TMDLs, and
pollutant of concern in the SWPPP; [ and ]
b. [ Include procedures in the SWPPP for:
(1) Implementation of controls to minimize the exposure of PCB-containing
building materials, including paint, caulk, and pre-1980 fluorescent lighting
fixtures, to precipitation and to stormwater such as separating work areas from
nonwork areas and selecting appropriate personal protective equipment and
tools, constructing a containment area so that all dust or debris generated by
the work remains within the protected area, using tools that minimize dust and
heat (<212°F) Implement the approved erosion and sediment control
plan in accordance with Part II B 2 ];
[ (2) Disposal c. Dispose ] of
[ such waste ] materials [ is
performed ] in compliance with applicable state, federal, and
local requirements; and
[ (3) A d. Implement a ] modified
inspection schedule [ shall be implemented ] in
accordance with Part II G 2 a.
7. SWPPP requirements for discharges to exceptional waters.
For discharges to surface waters identified in 9VAC25-260-30 A 3 c as an
exceptional water, the operator shall:
a. Identify the exceptional surface waters in the SWPPP;
and
b. Provide clear direction in the SWPPP that:
(1) Permanent or temporary soil stabilization shall be applied
to denuded areas within seven days after final grade is reached on any portion
of the site;
(2) Nutrients shall be applied in accordance with
manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
(3) A modified inspection schedule shall be implemented in
accordance with Part II G 2 a.
6. Qualified 8. Identification of qualified
personnel. The name, phone number, and qualifications of the qualified
personnel conducting inspections required by this general permit.
7. 9. Delegation of authority. The individuals
or positions with delegated authority, in accordance with Part III K, to sign
inspection reports or modify the SWPPP.
8. 10. SWPPP signature. The SWPPP shall be
signed and dated in accordance with Part III K.
B. C. SWPPP amendments, modification, and
updates.
1. The operator shall amend the SWPPP whenever there is a
change in the design, construction, operation, or maintenance that has a
significant effect on the discharge of pollutants to surface waters and that
has not been previously addressed in the SWPPP.
2. The SWPPP must shall be amended if, during
inspections or investigations by the operator's qualified personnel, or by
local, state, or federal officials, it is determined that the existing control
measures are ineffective in minimizing pollutants in discharges from the
construction activity. Revisions to the SWPPP shall include additional or
modified control measures designed and implemented to correct problems identified.
If approval by the VESCP authority, VSMP authority, or department is necessary
for the control measure, revisions to the SWPPP shall be completed no later
than seven calendar days following approval. Implementation of these additional
or modified control measures must shall be accomplished as
described in Part II G H.
3. The SWPPP must shall clearly identify the contractor(s)
contractors that will implement and maintain each control measure
identified in the SWPPP. The SWPPP shall be amended to identify any new
contractor that will implement and maintain a control measure.
4. The operator shall update the SWPPP as soon as possible
but no later than seven days following any modification to its
implementation. All modifications or updates to the SWPPP shall be noted and
shall include the following items:
a. A record of dates when:
(1) Major grading activities occur;
(2) Construction activities temporarily or permanently cease
on a portion of the site; and
(3) Stabilization measures are initiated;
b. Documentation of replaced or modified controls where
periodic inspections or other information have indicated that the controls have
been used inappropriately or incorrectly and where were modified as
soon as possible;
c. Areas that have reached final stabilization and where no
further SWPPP or inspection requirements apply;
d. All properties that are no longer under the legal control
of the operator and the dates on which the operator no longer had legal control
over each property;
e. The date of any prohibited discharges, the discharge volume
released, and what actions were taken to minimize the impact of the release;
f. Measures taken to prevent the reoccurrence of any
prohibited discharge; and
g. Measures taken to address any evidence identified as a
result of an inspection required under Part II F G.
5. Amendments, modifications, or updates to the SWPPP shall be
signed in accordance with Part III K.
C. D. Public Notification notification.
Upon commencement of land disturbance, the operator shall post conspicuously a
copy of the notice of coverage letter near the main entrance of the
construction activity. For linear projects, the operator shall post the notice
of coverage letter at a publicly accessible location near an active part of the
construction project (e.g., where a pipeline crosses a public road). The
operator shall maintain the posted information until termination of general
permit coverage as specified in Part I F.
D. E. SWPPP availability.
1. Operators with day-to-day operational control over SWPPP
implementation shall have a copy of the SWPPP available at a central location
on-site for use by those identified as having responsibilities under the SWPPP
whenever they are on the construction site.
2. The operator shall make the SWPPP and all amendments,
modifications, and updates available upon request to the department, the VSMP
authority, the EPA, the VESCP authority, local government officials, or the
operator of a municipal separate storm sewer system receiving discharges from
the construction activity. If an on-site location is unavailable to store the
SWPPP when no personnel are present, notice of the SWPPP's location must
shall be posted near the main entrance of the construction site.
3. The operator shall make the SWPPP available for public
review in an electronic format or in hard copy. Information for public access
to the SWPPP shall be posted and maintained in accordance with Part II C
D. If not provided electronically, public access to the SWPPP may be
arranged upon request at a time and at a publicly accessible location
convenient to the operator or his designee but shall be no less than once per
month and shall be during normal business hours. Information not required to be
contained within the SWPPP by this general permit is not required to be
released.
E. F. SWPPP implementation. The operator shall
implement the SWPPP and subsequent amendments, modifications, and updates from
commencement of land disturbance until termination of general permit coverage
as specified in Part I F.
1. All control measures must shall be properly
maintained in effective operating condition in accordance with good engineering
practices and, where applicable, manufacturer specifications. If a site
inspection required by Part II F G identifies a control measure
that is not operating effectively, corrective action(s) actions
shall be completed as soon as practicable, but no later than seven days after
discovery or a longer period as established by the VSMP authority, to maintain
the continued effectiveness of the control measures.
2. If site inspections required by Part II F G
identify an existing control measure that needs to be modified or if an
additional or alternative control measure is necessary for any reason,
implementation shall be completed prior to the next anticipated measurable
storm event. If implementation prior to the next anticipated measurable storm
event is impracticable, then additional or alternative control measures
shall be implemented as soon as practicable, but no later than seven days after
discovery or a longer period as established by the VSMP authority.
F. G. SWPPP Inspections.
1. Personnel responsible for on-site and off-site inspections.
Inspections required by this general permit shall be conducted by the qualified
personnel identified by the operator in the SWPPP. The operator is responsible
for insuring ensuring that the qualified personnel conduct the
inspection.
2. Inspection schedule.
a. Inspections shall be conducted at a frequency of For
construction activities that discharge to a surface water identified in Part II
B 5 and B 6 as impaired or having an approved TMDL or Part [ I
II ] B [ 5 7 ] as exceptional, the
following inspection schedule requirements apply:
(1) Inspections shall be conducted at a frequency of (i) at
least once every four business days or (ii) at least once every five business
days and no later than 24 hours following a measurable storm event. In the
event that a measurable storm event occurs when there are more than 24 hours
between business days, the inspection shall be conducted on the next business
day; and
(2) Representative inspections as [ allowed
authorized ] in Part II G 2 d shall not be allowed.
b. Except as specified in Part II G 2 a, inspections shall
be conducted at a frequency of:
(1) At least once every five business days; or
(2) At least once every 10 business days and no later than 48
24 hours following a measurable storm event. In the event that a
measurable storm event occurs when there are more than 48 24
hours between business days, the inspection shall be conducted no later than
on the next business day.
b. c. Where areas have been temporarily
stabilized or land-disturbing activities will be suspended due to continuous
frozen ground conditions and stormwater discharges are unlikely, the inspection
frequency described in Part II G 2 [ b a ]
and 2 [ c b ] may be reduced to once per
month. If weather conditions (such as above freezing temperatures or rain or
snow events) make discharges likely, the operator shall immediately resume the regular
inspection frequency.
c. Representative d. Except as prohibited in Part II
G 2 a (2), representative inspections may be utilized for utility line
installation, pipeline construction, or other similar linear construction
activities provided that:
(1) Temporary or permanent soil stabilization has been
installed and vehicle access may compromise the temporary or permanent soil
stabilization and potentially cause additional land disturbance increasing the
potential for erosion;
(2) Inspections occur on the same frequency as other
construction activities;
(3) Control measures are inspected along the construction site
0.25 miles above and below each access point (i.e., where a roadway,
undisturbed right-of-way, or other similar feature intersects the construction
activity and access does not compromise temporary or permanent soil
stabilization); and
(4) Inspection locations are provided in the inspection
report required by Part II F G.
e. If adverse weather causes the safety of the inspection
personnel to be in jeopardy, the inspection may be delayed until the next
business day on which it is safe to perform the inspection. Any time
inspections are delayed due to adverse weather conditions, evidence of the
adverse weather conditions shall be included in the SWPPP with the dates of
occurrence.
3. Inspection requirements.
a. As part of the inspection, the qualified personnel shall:
(1) Record the date and time of the inspection and [ , ]
when applicable [ , ] the date and rainfall amount of the last
measurable storm event;
(2) Record the information and a description of any discharges
occurring at the time of the inspection or evidence of discharges occurring
prior to the inspection;
(3) Record any land-disturbing activities that have occurred
outside of the approved erosion and sediment control plan;
(4) Inspect the following for installation in accordance with
the approved erosion and sediment control plan, identification of any
maintenance needs, and evaluation of effectiveness in minimizing sediment
discharge, including whether the control has been inappropriately or
incorrectly used:
(a) All perimeter erosion and sediment controls, such as silt
fence;
(b) Soil stockpiles, when applicable, and borrow areas for
stabilization or sediment trapping measures;
(c) Completed earthen structures, such as dams, dikes,
ditches, and diversions for stabilization and effective impoundment or flow
control;
(d) Cut and fill slopes;
(e) Sediment basins and traps, sediment barriers, and other
measures installed to control sediment discharge from stormwater;
(f) Temporary or permanent channel, flume, channels,
flumes, or other slope drain structures installed to convey concentrated
runoff down cut and fill slopes;
(g) Storm inlets that have been made operational to ensure that
sediment laden stormwater does not enter without first being filtered or
similarly treated; and
(h) Construction vehicle access routes that intersect or
access paved or public roads for minimizing sediment tracking;
(5) Inspect areas that have reached final grade or that will
remain dormant for more than 14 days for initiation of stabilization
activities; to ensure:
(a) Initiation of stabilization activities have occurred
immediately, as defined in 9VAC25-880-1; and
(b) Stabilization activities have been completed within
seven days of reaching grade or stopping work;
(6) Inspect areas that have reached final grade or that
will remain dormant for more than 14 days for completion of stabilization
activities within seven days of reaching grade or stopping work;
(7) (6) Inspect for evidence that the approved
erosion and sediment control plan, "agreement in lieu of a plan," or
erosion and sediment control plan prepared in accordance with
department-approved annual standards and specifications has not been properly
implemented. This includes but is not limited to:
(a) Concentrated flows of stormwater in conveyances such as
rills, rivulets [ , ] or channels that have not been filtered,
settled, or similarly treated prior to discharge, or evidence thereof;
(b) Sediment laden or turbid flows of stormwater that have not
been filtered or settled to remove sediments prior to discharge;
(c) Sediment deposition in areas that drain to unprotected
stormwater inlets or catch basins that discharge to surface waters. Inlets and
catch basins with failing [ sediments sediment ]
controls due to improper installation, lack of maintenance, or inadequate
design are considered unprotected;
(d) Sediment deposition on any property (including public and
private streets) outside of the construction activity covered by this general
permit;
(e) Required stabilization has not been initiated or completed
or is not effective on portions of the site;
(f) Sediment basins without adequate wet or dry storage volume
or sediment basins that allow the discharge of stormwater from below the
surface of the wet storage portion of the basin;
(g) Sediment traps without adequate wet or dry storage or
sediment traps that allow the discharge of stormwater from below the surface of
the wet storage portion of the trap; and
(h) Land disturbance or sediment deposition outside of
the approved area to be disturbed;
(8) (7) Inspect pollutant generating activities
identified in the pollution prevention plan for the proper implementation,
maintenance [ , ] and effectiveness of the procedures and
practices;
(9) (8) Identify any pollutant generating
activities not identified in the pollution prevention plan; and
(10) (9) Identify and document the presence of
any evidence of the discharge of pollutants prohibited by this general permit.
4. Inspection report. Each inspection report shall include the
following items:
a. The date and time of the inspection and [ , ]
when applicable, the date and rainfall amount of the last measurable storm
event;
b. Summarized findings of the inspection;
c. The location(s) locations of prohibited
discharges;
d. The location(s) locations of control measures
that require maintenance;
e. The location(s) locations of control measures
that failed to operate as designed or proved inadequate or inappropriate for a
particular location;
f. The location(s) locations where any evidence
identified under Part II F G 3 a [ (7) (6) ]
exists;
g. The location(s) locations where any
additional control measure is needed that did not exist at the time of
inspection;
h. A list of corrective actions required (including any
changes to the SWPPP that are necessary) as a result of the inspection or to
maintain permit compliance;
i. Documentation of any corrective actions required from a
previous inspection that have not been implemented; and
j. The date and signature of the qualified personnel and the
operator or its duly authorized representative.
5. The inspection report shall be included into the SWPPP
no later than four business days after the inspection is complete.
[ 6. ] The inspection report and any actions
taken in accordance with Part II must shall be retained by the
operator as part of the SWPPP for at least three years from the date that
general permit coverage expires or is terminated. The inspection report shall
identify any incidents of noncompliance. Where an inspection report does not
identify any incidents of noncompliance, the report shall contain a
certification that the construction activity is in compliance with the SWPPP
and this general permit. The report shall be signed in accordance with Part III
K of this general permit.
G. H. Corrective actions.
1. The operator shall implement the corrective action(s)
actions identified as a result of an inspection as soon as practicable
but no later than seven days after discovery or a longer period as approved by
the VSMP authority. If approval of a corrective action by a regulatory
authority (e.g., VSMP authority, VESCP authority, or the department) is
necessary, additional control measures shall be implemented to minimize
pollutants in stormwater discharges until such approvals can be obtained.
2. The operator may be required to remove accumulated sediment
deposits located outside of the construction activity covered by this general
permit as soon as practicable in order to minimize environmental impacts. The
operator shall notify the VSMP authority and the department as well as obtain
all applicable federal, state, and local authorizations, approvals, and permits
prior to the removal of sediments accumulated in surface waters including
wetlands.
PART III
CONDITIONS APPLICABLE TO ALL VPDES PERMITS
NOTE: Discharge monitoring is not required for this general
permit. If the operator chooses to monitor stormwater discharges or control
measures, the operator must shall comply with the requirements of
subsections A, B, and C, as appropriate.
A. Monitoring.
1. Samples and measurements taken for the purpose of
monitoring shall be representative of the monitoring 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 general permit. Analyses performed according to test procedures approved
under 40 CFR Part 136 shall be performed by an environmental laboratory
certified under regulations adopted by the Department of General Services
(1VAC30-45 or 1VAC30-46).
3. The operator shall periodically calibrate and perform
maintenance procedures on all monitoring and analytical instrumentation at
intervals that will ensure accuracy of measurements.
B. Records.
1. Monitoring records and reports shall include:
a. The date, exact place, and time of sampling or
measurements;
b. The individual(s) individuals who performed
the sampling or measurements;
c. The date(s) dates and time(s) times
analyses were performed;
d. The individual(s) individuals who performed
the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The operator 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 general permit, and records of all data used to
complete the registration statement for this general 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 operator, or as requested by the
board.
C. Reporting monitoring results.
1. The operator shall update the SWPPP to include the results
of the monitoring as may be performed in accordance with this general permit,
unless another reporting schedule is specified elsewhere in this general
permit.
2. Monitoring results shall be reported on a discharge
monitoring report (DMR); on forms provided, approved or specified by the
department; or in any format provided that the date, location, parameter,
method, and result of the monitoring activity are included.
3. If the operator monitors any pollutant specifically
addressed by this general permit more frequently than required by this general
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 general permit, the results of this monitoring
shall be included in the calculation and reporting of the data submitted in the
DMR or reporting form specified by the department.
4. Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise specified in
this general permit.
D. Duty to provide information. The operator shall furnish,
within a reasonable time, any information which the board may request to
determine whether cause exists for modifying, revoking and reissuing, or
terminating this general permit coverage or to determine compliance with
this general permit. The board, department, EPA, or VSMP authority may require
the operator 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 surface waters, or such other information
as may be necessary to accomplish the purposes of the CWA and the Virginia
Stormwater Management Act. The operator shall also furnish to the board,
department, EPA, or VSMP authority, upon request, copies of records required to
be kept by this general 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 general permit shall be submitted
no later than 14 days following each schedule date.
F. Unauthorized stormwater discharges. Pursuant to
§ 62.1-44.5 of the Code of Virginia, except in compliance with a state
permit issued by the department, it shall be unlawful to cause a stormwater
discharge from a construction activity.
G. Reports of unauthorized discharges. Any operator who
discharges or causes or allows a discharge of sewage, industrial waste, other
wastes or any noxious or deleterious substance or a hazardous substance or oil
in an amount equal to or in excess of a reportable quantity established under
either 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or § 62.1-44.34:19 of
the Code of Virginia that occurs during a 24-hour period into or upon surface
waters or who discharges or causes or allows a discharge that may reasonably be
expected to enter surface waters, shall notify the Department of Environmental
Quality of the discharge immediately upon discovery of the discharge, but in no
case later than within 24 hours after said discovery. A written report of the
unauthorized discharge shall be submitted to the department and the VSMP
authority 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 general permit.
Discharges reportable to the department and the VSMP authority
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," as defined herein in this general permit,
should occur from a facility and the discharge enters or could be expected to
enter surface waters, the operator shall promptly notify, in no case later than
within 24 hours, the department and the VSMP authority 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 operator shall reduce the report to writing
and shall submit it to the department and the VSMP authority 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 of some or all of the
facilities; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The operator shall report any
noncompliance which may adversely affect surface waters or may endanger public
health.
1. An oral report to the department and the VSMP authority
shall be provided within 24 hours from the time the operator 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 five days and
shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and
times, and if the noncompliance has not been corrected, the anticipated time it
is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
The department 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 surface waters has been
reported.
3. The operator shall report all instances of noncompliance
not reported under Part III I 1 or 2 in writing as part of the SWPPP. The
reports shall contain the information listed in Part III I 2.
NOTE: The reports required in Part III G, H and I shall be made
to the department and the VSMP authority. Reports may be made by telephone,
email, or by fax. For reports outside normal working hours, leaving a recorded
message shall fulfill the immediate reporting requirement. For emergencies, the
Virginia Department of Emergency Management maintains a 24-hour telephone
service at 1-800-468-8892.
4. Where the operator becomes aware of a failure to submit any
relevant facts, or submittal of incorrect information in any report, including
a registration statement, to the department or the VSMP authority, the operator
shall promptly submit such facts or correct information.
J. Notice of planned changes.
1. The operator shall give notice to the department and the
VSMP authority as soon as possible of any planned physical alterations or
additions to the permitted facility or activity. Notice is required only when:
a. The operator plans an alteration or addition to any
building, structure, facility, or installation that may meet one of the
criteria for determining whether a facility is a new source in 9VAC25-870-420;
b. The operator plans an alteration or addition that would
significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants that are not subject to effluent
limitations in this general permit; or
2. The operator shall give advance notice to the department
and VSMP authority of any planned changes in the permitted facility or
activity, which may result in noncompliance with state permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall
be signed as follows:
a. For a corporation: by a responsible corporate officer. For
the purpose of this chapter, a responsible corporate officer means: (i) a
president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar
policy-making or decision-making functions for the corporation; or (ii) the
manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit
duty of making major capital investment recommendations, and initiating and
directing other comprehensive measures to assure long-term compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for state 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 chapter, 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 and other information. All
reports required by this general permit, including SWPPPs, and other
information requested by the board or the department 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 operator. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position); and
c. The signed and dated written authorization is included in
the SWPPP. A copy must shall be provided to the department and
VSMP authority, if requested.
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 construction activity, a new
authorization satisfying the requirements of Part III K 2 shall be submitted to
the VSMP authority as the administering entity for the board prior to or
together with any reports or information to be signed by an authorized
representative.
4. Certification. Any person signing a document under Part III
K 1 or 2 shall make the following certification:
"I certify under penalty of law that I have read and
understand this document and that this document and all attachments were
prepared in accordance with a system designed to assure that qualified
personnel properly gathered and evaluated 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 operator shall comply with all
conditions of this general permit. Any state permit noncompliance constitutes a
violation of the Virginia Stormwater Management Act and the Clean Water Act,
except that noncompliance with certain provisions of this general permit may
constitute a violation of the Virginia Stormwater Management Act but not the
Clean Water Act. Permit noncompliance is grounds for enforcement action; for
state permit coverage, termination, revocation and reissuance, or
modification; or denial of a state permit renewal application.
The operator shall comply with effluent standards or
prohibitions established under § 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even
if this general permit has not yet been modified to incorporate the
requirement.
M. Duty to reapply. If the operator wishes to continue an
activity regulated by this general permit after the expiration date of this
general permit, the operator shall submit a new registration statement at least
90 60 days before the expiration date of the existing general
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 general permit.
N. Effect of a state permit. This general permit does not
convey any property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of
personal rights, or any infringement of federal, state or local law or
regulations.
O. State law. Nothing in this general permit shall be
construed to preclude the institution of any legal action under, or relieve the
operator from any responsibilities, liabilities, or penalties established
pursuant to any other state law or regulation or under authority preserved by §
510 of the Clean Water Act. Except as provided in general permit conditions on
"bypassing" (Part III U) and "upset" (Part III V), nothing
in this general permit shall be construed to relieve the operator from civil
and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this
general permit shall be construed to preclude the institution of any legal
action or relieve the operator from any responsibilities, liabilities, or
penalties to which the operator is or may be subject under §§ 62.1-44.34:14
through 62.1-44.34:23 of the State Water Control Law or § 311 of the Clean
Water Act.
Q. Proper operation and maintenance. The operator shall at
all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances), which are installed or used by the
operator to achieve compliance with the conditions of this general 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 operator only when the operation is necessary to
achieve compliance with the conditions of this general 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 surface waters and in compliance with all applicable state and
federal laws and regulations.
S. Duty to mitigate. The operator shall take all steps to
minimize or prevent any discharge in violation of this general permit that 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 an operator 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 general permit.
U. Bypass.
1. "Bypass," as defined in 9VAC25-870-10, means the
intentional diversion of waste streams from any portion of a treatment
facility. The operator 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 Part III U 2 and 3.
2. Notice.
a. Anticipated bypass. If the operator knows in advance of the
need for a bypass, the operator shall submit prior notice to the department, if
possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The operator shall submit notice of
an unanticipated bypass as required in Part III I.
3. Prohibition of bypass.
a. Except as provided in Part III U 1, bypass is prohibited,
and the board or department may take enforcement action against an operator for
bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage. Severe property damage means substantial
physical damage to property, damage to the treatment facilities that causes
them to become inoperable, or substantial and permanent loss of natural
resources that can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays in
production;
(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 that occurred
during normal periods of equipment downtime or preventive maintenance; and
(3) The operator submitted notices as required under Part III
U 2.
b. The department may approve an anticipated bypass, after
considering its adverse effects, if the department determines that it will meet
the three conditions listed in Part III U 3 a.
V. Upset.
1. An "upset," as defined in 9VAC25-870-10, means an
exceptional incident in which there is unintentional and temporary
noncompliance with technology-based state permit effluent limitations because
of factors beyond the reasonable control of the operator. An upset does not
include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
2. An upset constitutes an affirmative defense to an action
brought for noncompliance with technology-based state permit effluent
limitations if the requirements of Part III V 4 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.
3. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance, or careless
or improper operation.
4. An operator 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 operator can identify the cause(s)
cause of the upset;
b. The permitted facility was at the time being properly
operated;
c. The operator submitted notice of the upset as required in
Part III I; and
d. The operator complied with any remedial measures required
under Part III S.
5. In any enforcement proceeding, the operator seeking to
establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The operator shall allow the
department as the board's designee, the VSMP authority, EPA, or an authorized
representative of either entity (including an authorized contractor), upon
presentation of credentials and other documents as may be required by law to:
1. Enter upon the operator's premises where a regulated
facility or activity is located or conducted, or where records must shall
be kept under the conditions of this general permit;
2. Have access to and copy, at reasonable times, any records
that must shall be kept under the conditions of this general
permit;
3. Inspect and photograph at reasonable times any facilities,
equipment (including monitoring and control equipment), practices, or
operations regulated or required under this general permit; and
4. Sample or monitor at reasonable times, for the purposes of
ensuring state permit compliance or as otherwise authorized by the Clean Water
Act or the Virginia Stormwater Management Act, 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. State permit actions. State permits permit
coverage may be modified, revoked and reissued, or terminated for cause.
The filing of a request by the operator for a state permit modification,
revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any state permit condition.
Y. Transfer of state permits permit coverage.
1. State permits are not transferable to any person except
after notice to the department. Except as provided in Part III Y 2, a state
permit may be transferred by the operator to a new operator only if the state
permit has been modified or revoked and reissued, or a minor modification made,
to identify the new operator and incorporate such other requirements as may be
necessary under the Virginia Stormwater Management Act and the Clean Water Act.
2. As an alternative to transfers under Part III Y 1, this state
permit may be automatically transferred to a new operator if:
a. The current operator notifies the department at least 30
days in advance of the proposed transfer of the title to the facility or
property;
b. The notice includes a written agreement between the
existing and new operators containing a specific date for transfer of state
permit responsibility, coverage, and liability between them; and
c. The department does not notify the existing operator and
the proposed new operator of its intent to modify or revoke and reissue the
state 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.
3. For ongoing construction activity involving a change of
operator, the new operator shall accept and maintain the existing SWPPP, or
prepare and implement a new SWPPP prior to taking over operations at the site.
Z. Severability. The provisions of this general permit are
severable, and if any provision of this general permit or the application of
any provision of this state permit to any circumstance, is held invalid, the
application of such provision to other circumstances and the remainder of this
general permit shall not be affected thereby.
VA.R. Doc. No. R18-5296; Filed April 23, 2019, 10:52 a.m.
TITLE 12. HEALTH
VA.R. Doc. No. R18-5245; Filed April 22, 2019, 12:59 p.m.
TITLE 14. INSURANCE
VA.R. Doc. No. R19-5970; Filed April 23, 2019, 12:15 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R19-5948; Filed April 15, 2019, 4:14 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R19-5852; Filed April 15, 2019, 11:19 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R19-5851; Filed April 23, 2019, 1:40 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R18-5205; Filed April 22, 2019, 11:16 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
VA.R. Doc. No. R19-5871; Filed April 24, 2019, 11:39 a.m.