NL = No limitation, monitoring required

NA = Not applicable

The equipment being tested shall be substantially free of debris, raw material, product, or other residual materials.

The discharge flow shall be managed to control the volume and velocity of the discharge, including peak flow rates and total volume, to minimize erosion at outlets, and to minimize downstream channel and stream bank erosion.

⁽¹⁾TPH is the sum of individual gasoline range organics and diesel range organics or TPH-GRO and TPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for gasoline and diesel range organics, or by EPA SW 846 Methods 8260B (1996) and 8270D (2014).

⁽²⁾Discharge monitoring reports for hydrostatic test discharges are not required to be submitted to the department but shall be retained by the owner for a period of at least three years from the completion date of the hydrostatic test.

Owners shall notify the department's regional office in writing within 14 days of the completion of the hydrostatic test discharge. The notification shall include the owner's name and address, the type of hydrostatic test that occurred, the physical location of the test work, and the receiving stream.

⁽³⁾Total residual chlorine limitation of 0.011 mg/l and chlorine monitoring only apply to discharges of test water that have been chlorinated or come from a chlorinated water supply. All data below the quantification level (QL) of 0.1 mg/L shall be reported as "<QL."

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

2. 3. GASOLINE CONTAMINATION -- ALL RECEIVING WATERS.

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 from outfall serial number XXXX xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

NL = No limitation, monitoring required

NA = Not applicable

⁽¹⁾Benzene, Toluene, Ethylbenzene, Total Xylenes and MTBE shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846 Method 8021B (1996) (2014).

⁽²⁾Monitoring for this parameter is required only when contamination results from leaded fuel. Lead shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136). The minimum hardness concentration that will be used to determine the lead effluent limit is 25 mg/l. 1,2 dichloroethane and ethylene dibromide (EDB) shall be analyzed by a current and appropriate EPA SW 846 Method or EPA Wastewater Method from 40 CFR Part 136. EDB in wastewaters discharged to public water supplies shall be analyzed using EPA SW 846 Method 8011 (1992) or EPA Drinking Water Method 504.1 (1995).

⁽³⁾Monitoring for ethanol is only required for discharges of water contaminated by gasoline containing greater than 10% ethanol. Ethanol shall be analyzed according to EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) or EPA SW 846 Method 8260B (1996).

⁽⁴⁾The monitoring frequency for discharges into freshwaters not listed as public water supplies and saltwater shall be once per month. If the first year 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency for ethanol be reduced from monthly to 1/quarter. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, monitoring frequency shall may be reduced to 1/quarter. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency for ethanol shall revert to 1/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date. Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January in each year of permit coverage.

The monitoring frequency for discharges into freshwaters listed as public water supplies shall be twice per month for all constituents or parameters. If the first year's 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency for ethanol be reduced to 1/quarter and the other parameters to 1/month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, the monitoring frequency for ethanol shall may be reduced to 1/quarter and the other parameters to1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date. Reports of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January in each year of permit coverage.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

3. 4. CONTAMINATION BY PETROLEUM PRODUCTS OTHER THAN GASOLINE -- ALL RECEIVING WATERS.

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 from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

NL = No limitation, monitoring required

NA = Not applicable

⁽¹⁾Naphthalene shall be analyzed by a current and appropriate EPA Wastewater Method from 40 CFR Part 136 or a current and appropriate EPA SW 846 Method.

⁽²⁾TPH shall be analyzed using EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for diesel range organics, or by EPA SW 846 Method 8270D (2007) (2014).

⁽³⁾Monitoring for benzene and MTBE is only required for discharges into freshwaters listed as public water supplies. Benzene and MTBE shall be analyzed according to a current and appropriate EPA Wastewater Method (40 CFR Part 136) or EPA SW 846 Method.

⁽⁴⁾The monitoring frequency for discharges into freshwaters not listed as public water supplies and saltwater shall be once per month.

The monitoring frequency for discharges into freshwaters listed as public water supplies shall be twice per month for all constituents or parameters. If the first year's 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency be reduced to once per month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, the monitoring frequency for ethanol shall may be reduced to 1/quarter or the other parameters to1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

4. DISCHARGES OF HYDROSTATIC TEST WATERS -- ALL RECEIVING WATERS.

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 from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: Outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

NL = No limitation, monitoring required

NA = Not applicable

The equipment being tested shall be substantially free of debris, raw material, product, or other residual materials.

The discharge flow shall be controlled in such a manner that prevents flooding, erosion, or excessive sediment influx into the receiving water body.

⁽¹⁾TPH is the sum of individual gasoline range organics and diesel range organics or TPH-GRO and TPH-DRO to be measured by EPA SW 846 Method 8015C (2000) or EPA SW 846 Method 8015C (2007) for gasoline and diesel range organics, or by EPA SW 846 Methods 8260B (1996) and 8270D (2007). .

⁽²⁾Discharge monitoring reports for hydrostatic test discharges are not required to be submitted to the department, but shall be retained by the owner for a period of at least three years from the completion date of the hydrostatic test.

Owners shall notify the department's regional office in writing within 14 days of the completion of the hydrostatic test discharge. The notification shall include the owner's name and address, the type of hydrostatic test that occurred, the physical location of the test work, and the receiving stream.

⁽³⁾Total Residual Chlorine limitation of 0.011 mg/l and chlorine monitoring only apply to discharges of test water that have been chlorinated or come from a chlorinated water supply.

Part I

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.

5. CONTAMINATION BY CHLORINATED HYDROCARBON SOLVENTS -- ALL RECEIVING WATERS.

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 from outfall serial number xxxx. Samples taken in compliance with the monitoring requirements specified below shall be taken at the following location: outfall from the final treatment unit prior to mixing with any other waters.

Such discharges shall be limited and monitored by the permittee as specified below:

NL = No limitation, monitoring required

NA = Not applicable

⁽¹⁾This constituent shall be analyzed by a current and appropriate gas chromatograph/mass spectroscopy method from EPA SW 846 or the EPA Wastewater Method series from 40 CFR Part 136.

⁽²⁾Monitoring frequency for discharges into surface waters listed as public water supplies shall be 2/month for the first year of permit coverage. If the first year 12 months of permit coverage results demonstrate full compliance with the effluent limitations, the permittee may request that the monitoring frequency be reduced from 2/month to 1/month. The written request shall be sent to the appropriate DEQ regional office for review. Upon written notification from the regional office, monitoring frequency shall may be reduced to 1/month. Should the permittee be issued a warning letter related to violation of effluent limitations or a notice of violation, or be the subject of an active enforcement action, monitoring frequency shall revert to 2/month upon issuance of the letter or notice or initiation execution of the enforcement action and remain in effect until the permit's expiration date.

Part I

B. Special conditions.

1. There shall be no discharge of floating solids or visible foam in other than trace amounts.

2. The permittee shall sample each permitted outfall each calendar month in which a discharge occurs. When no discharge occurs from an outfall during a calendar month, the discharge monitoring report for that outfall shall be submitted indicating "No Discharge."

3. O & M Manual Operation and maintenance (O&M) manual. If the permitted discharge is through a treatment works, within 30 days of coverage under this general permit, the permittee shall develop and maintain on site on-site, an Operations and Maintenance (O & M) Manual O&M manual for the treatment works permitted herein. This manual shall detail practices and procedures which that will be followed to ensure compliance with the requirements of this permit. The permittee shall operate the treatment works in accordance with the O & M Manual O&M manual. The manual shall be made available to the department upon request.

4. Operation schedule. The permittee shall construct, install and begin operating the treatment works described in the registration statement prior to discharging to surface waters. The permittee shall notify the department's regional office within five days after the completion of installation and commencement of operation.

5. Materials storage. Except as expressly authorized by this permit or another permit issued by the board, 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.

6. If the permittee discharges to surface waters through a municipal separate storm sewer system an MS4, the permittee shall, within 30 days of coverage under this general permit, notify the owner of the municipal separate storm sewer system in writing of the existence of the discharge and provide the following information: the name of the facility, a contact person and phone telephone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number. A copy of such notification shall be provided to the department. Discharge Monitoring Reports (DMRs) required to be submitted under this permit shall be submitted to both the department and the owner of the municipal separate storm sewer system.

7. Monitoring results shall be reported using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 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.

8. The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standards.

9. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.

10. Discharges to waters with an approved "total maximum daily load" (TMDL) TMDL. Owners of facilities that are a source of the specified pollutant of concern to waters where an approved TMDL has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.

11. Termination of coverage. Provided that the board agrees that the discharge covered under this general permit is no longer needed, the permittee may request termination of coverage under the general permit, for the entire facility or for specific outfalls, by submitting a request for termination of coverage. This request for termination of coverage shall be sent to the department's regional office with appropriate documentation or references to documentation already in the department's possession. Upon the permittee's receipt of the regional director's approval, coverage under this general permit will be terminated. Termination of coverage under this general permit does not relieve the permittee of responsibilities under other board regulations or directives.

Part II
Conditions Applicable To 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 individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individual or individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation; copies of all reports required by this permit; and records of all data used to complete the registration statement for this permit for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.

4. Calculations for all limitations which 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 which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of state waters or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, to animal or aquatic life, to the use of such waters for domestic or industrial consumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who that 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 that 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 the discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected to continue;

7. If the discharge is continuing, what the expected total volume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate, and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.

Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects effects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit the report to the department within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance which that may adversely affect state waters or may endanger public health as follows:

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information, which shall be reported within 24 hours under this subsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance including exact dates and times and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under 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.

NOTE: 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/PollutionReportingForm.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 an 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 of the Act 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 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 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 application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

2. Reports. 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 thus may 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 Parts 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 ensure 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 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local 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 Article 11 (§ 62.1-44.34:14 et seq.) 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 or 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, 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 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 or 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 coverage termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits permit coverage.

1. Permits are Permit coverage is not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

2. As an alternative to transfers under Part II Y 1, Coverage under this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property;

b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit deny permit coverage. 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.

DOCUMENTS INCORPORATED BY REFERENCE (9VAC25-120)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, U.S. Environmental Protection Agency, Third Edition as amended by Final Updates I, II, IIA, IIB, IIIA, IIIB, IVA, and IVB, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847, http://www.epa.gov/SW-846. https://www.epa.gov/hw-sw846

Method 504.1, rev. 1.1 (August 1995)

Method 7010 (February 2007)

Method 8011 (July 1992)

Method 8015C (November 2000)

Method 8015C (February 2007)

Method 8021B (December 1996) Method 8021B (July 2014)

Method 8260B (December 1996)

Method 8270D (February 2007) Method 8270D (July 2014)

Method 9040C (November 2004)

Methods for the Determination of Organic Compounds in Drinking Water, Supplement III, EPA Publication 600/R-95/131 (August 1995), U.S. Environmental Protection Agency, Office of Research and Development, Washington, D.C. 20460

B. Special conditions.

1. The permittee of a vehicle wash facility shall performinspectionsvisual examinations of the effluentincluding sheens, floating solids, or visible foam and maintenance of the wastewater treatment facilities [and inlet protection measures, if applicable, ] at least once per week and documentactivities onthis visual examination [and maintenance activities ]in the operational log. This operational log shallinclude the examination date and time, examination personnel, and the visual quality of the discharge and shall be made available for review by the department personnel upon request.

2.The effluent shall be free of sheens. There shall be no discharge of floating solids or visible foam in other than trace amounts.

3. No sewage shall be discharged from a point source to surface waters from this facility except under the provisions of another VPDES permit specifically issued for that purpose.

4. There shall be no chemicals added to the water or waste which may be discharged other than those listed on the owner's accepted registration statement, unless prior approval of thechemical(s)chemical is granted by the board.

5. Wastewater should be reused or recycled whenever feasible.

6. The permittee of a vehicle wash facility shall comply with the following solids management plan:

a. All settling basins shall be cleaned frequently in order to achieve effective treatment.

b. All solids shall be handled, stored, and disposed of so as to prevent a discharge to state waters of such solids.

7. Washing of vehicles or containers bearing residue of animal manure or toxic chemicals (fertilizers, organic chemicals, etc.)into the wastewater treatment system is prohibited. If the facility is a self-service operation, the permittee shall post this prohibition on a sign prominently located and of sufficient size to be easily read by all patrons.

8. If the facility has a vehicle wash discharge with a monthly average flow rate of less than 5,000 gallons per day, and the flow rate increases above a monthly average flow rate of 5,000 gallons per day, an amended registration statement shall be filed within 30 days of the increased flow.

9.AnyA permitteesubmitting a registration statement in accordance with Part II M and discharging into a municipal separate storm sewer shall notify the owner of the municipal separate storm sewer system of the existence of the dischargewithin 30 days of coverage under the general permit and provideat 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 [phone numbercontact information ], the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number.

10. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other federal, state, or local statute, ordinance, or regulation.

[11. The owner of a facility discharging vehicle wash water directly to a stormwater drain shall provide inlet protection measures in addition to meeting all other requirements of the permit. ]

[11.12. ] The permittee shall notify the department as soon asthey knowthe permittee knows orhavehas 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 literof the toxic pollutant;

(2) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter 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 literof the toxic pollutant;

(2) One milligram per liter 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.

[12.13. ] Operation and maintenance manual requirement. The permittee shall develop and maintain an accurate operations and maintenance (O&M) manual for the [vehicle wash ]wastewater treatment works [and inlet protection measures, if applicable ]. This manual shall detail the practices and procedures that will be followed to ensure compliance with the requirements of this permit. The permittee shall operate the treatment works in accordance with the O&M manual. The O&M manual shall be reviewed and updated at least annually and shall be signed and certified in accordance with Part II K of this permit. The O&M manual shall be made available for review by the department personnel upon request. The O&M manual shall include, but not necessarily be limited to, the following items, as appropriate:

a. Techniques to be employed in the collection, preservation, and analysis of effluent samples;

b. Discussion of best management practices, if applicable [or stormwater inlet protection methods ];

c. Treatment system operation, routine preventive maintenance of units within the treatment system, critical spare parts inventory, and recordkeeping;

d. A sludge/solidsdisposalmanagement planas required by Part I B 6;and

e. Procedures for performing the visual examination and maintenance required by Part I B 1 including example log sheets [and the location of the operational log ]; and

e. Date(s)f. Date when the O&M manual was updated or reviewed and any changes that were made.

[13.14. ] ComplianceReportingreporting under Part I A 1‑ 4.

a. The quantification levels (QL) shall be as follows:

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.

b. Reporting. Any single datum required shall be reported as "<QL" if it is less than the QL in subdivision [13 14 ] a of thissubdivisionsubsection. Otherwise, the numerical value shall be reported.The QL must be less than or equal to the QL in subdivision [13 14 ]a of this subsection.

c. Monitoring results shall be reported using the same number of significant digits as listed in the permit. Regardless of the rounding convention used by the permittee (e.g., 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.

14. 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.

[ 15.14. ] The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standardsin 9VAC25-260.

[ 16.15.] Discharges to waters with an approved total maximum daily load (TMDL). Owners of facilities that are a source of the specified pollutant of concern to waters where an approved TMDL has been established shall implement measures and controls that are consistent with the assumptions and requirements of the TMDL.

[ 17.16. ] Notice ofTerminationtermination.

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 wastewater discharges from vehicle wash or laundry activities 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 discharges associated with this facility have been covered by [ana VPDES ] individual [permit ] or an alternative VPDES permit; or

(4)Notice of terminationTermination of coverage is 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 vehicle wash facilities and laundry facilities general permit number; and

(4) The basis for submitting the notice of termination, including:

i.(a) A statement indicating that a new owner has assumed responsibility for the facility;

ii.(b) A statement indicating that operations have ceased at the facility and there are no longer wastewater discharges from vehicle wash or laundry activities from the facility;

iii.(c) A statement indicating that all wastewater discharges from vehicle wash facilities and laundry facilities have been covered by an individual VPDES permit; or

iv.(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 discharges from vehicle wash or laundry facilities 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 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 wastewater from vehicle wash facilities or laundry facilities in accordance with the general permit, and that discharging pollutants in wastewater from vehicle wash facilities or laundry facilities 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 signed in accordance with Part II K.

e. The notice of termination shall be submitted to the DEQ regional office serving the area where the vehicle wash or laundry 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 individuals who performed the sampling or measurements;

c. The dates and times analyses were performed;

d. The individuals who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.

4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any information which the board may request to determine whether cause exists for [modifying, revoking and reissuing, or ] terminating [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 his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request, copies of records required to be kept by this permit.

E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:

1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part 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 adverseaffectseffects on aquatic life and the known number of fish killed. The permittee shall submit the report to the department in writing within five days of discovery of the discharge in accordance with Part II I 2. Unusual and extraordinary discharges includebut are not limited to any discharge resulting from:

1. Unusual spillage of materials resulting directly or indirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of the treatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report any noncompliance which may adversely affect state waters or may endanger public health.

1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this subsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days and shall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

3. The permittee shall report all instances of noncompliance not reported under Parts 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.

NOTE: 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 athttp://www.deq.virginia.gov/prep/h2rpt.html 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 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[applicationregistration ] 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 [applicationregistration ] 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. Reporting requirements. 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 ensure 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 [for ] 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 30 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local 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 Article 11 (§ 62.1-44.34:14 et seq.) 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. 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 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 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 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 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, 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. [PermitsPermit 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, orcoverage ] termination [, ] or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Y. Transfer of [permitspermit coverage. Permits are not transferable to any person except after notice to the department ].

[1. Permits are not transferable to any person except after notice to the department. Except as provided in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

2. As an alternative to transfers under Part II Y 1,Coverage under ] this permit may be automatically transferred to a new permittee if:

[a.1. ] The current permittee notifies the department within 30 days of the transfer of the title to the facility or property;

[b.2. ] The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

[c.3. ] The board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part 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.

B. Special conditions.

1. There shall be no discharge of floating solids or visiblefoam in other than trace amounts.

2. No discharges other than cooling water, as defined, arepermitted under this general permit.

3. The use of any chemical additives not identified in theregistration statement, except chlorine, without prior approval is prohibitedunder this general permit. Prior approval shall be obtained from the DEQ beforeany changes are made to the chemical or nonchemical treatment technologyemployed in the cooling water system. Requests for approval of the change shallbe made in writing and shall include the following information:

a. Describe the chemical or nonchemical treatment to beemployed and its purpose; if chemical additives are used, provide theinformation prescribed in subdivisions 3 b, c, d, e, and f;

b. Provide the name and manufacturer of each additive used;

c. Provide a list of active ingredients and percentage ofcomposition;

d. Give the proposed schedule and quantity of chemical usage,and provide either an engineering analysis, or a technical evaluation ofthe active ingredients, to determine the concentration in the discharge;

e. Attach available aquatic toxicity information for eachadditive proposed for use; and

f. Attach any other information such as product or constituentdegradation, fate, transport, synergies, bioavailability, etc., that will aidthe board with the toxicity evaluation for the discharge.; and

g. Attach a safety data sheet for each proposed additive.

4. Where cooling water is discharged through a municipalstorm sewer system to surface waters, the permittee shall, within 30 days ofcoverage under this general permit, notify the owner of the municipal separatestorm sewer system in writing of the existence of the discharge and provide thefollowing information: the name of the facility, a contact person and phonenumber, the nature of the discharge, the location of the discharge, and thefacility's VPDES general permit number. A copy of such notification shall beprovided to the department. Discharge Monitoring Reports (DMRs) required bythis permit shall be submitted to both the department and the owner of themunicipal separate storm sewer system. A determination of whether thefacility will discharge to a MS4. If the facility discharges to a MS4, thefacility owner must notify the owner of the MS4 of the existence of the dischargeat the time of registration under this permit and include that notificationwith the registration statement. The notice shall include the followinginformation: the name of the facility, a contact person and telephone number,the location of the discharge, the nature of the discharge, and the facility'sVPDES general permit registration number if a reissuance. Discharge monitoringreports (DMRs) required by this permit shall be submitted to both thedepartment and the owner of the MS4.

5. The permittee shall at all times properly operate andmaintain all cooling water systems. Inspection shall be conducted for eachcooling water unit by the plant personnel at least once per year with reportsmaintained on site Operation and maintenance manual requirement.

a. Within 90 days after the date of coverage under thisgeneral permit, the permittee shall develop an operation and maintenance(O&M) manual for the equipment or systems used to meet effluentlimitations. The O&M manual shall be reviewed within 90 days of changes tothe equipment or systems used to meet effluent limitations. The O&M manualshall be certified in accordance with Part II K of this permit. The O&Mmanual shall be made available for review by department personnel upon request.

b. This manual shall detail the practices and proceduresthat will be followed to ensure compliance with the requirements of thispermit. Within 30 days of a request by the department, the current O&Mmanual shall be submitted to the board for review and approval. The permitteeshall operate the treatment works in accordance with the O&M manual.Noncompliance with the O&M manual shall be deemed a violation of thepermit.

c. This manual shall include, but not necessarily belimited to, the following items:

(1) Techniques to be employed in the collection,preservation, and analysis of effluent samples;

(2) Discussion of best management practices;

(3) Design, operation, routine preventative maintenance ofequipment or systems used to meet effluent limitations, critical spare partsinventory, and recordkeeping;

(4) A plan for the management or disposal of waste solidsand residues, and a requirement that all solids shall be handled, stored, anddisposed of so as to prevent a discharge to state waters; and

(5) Procedures for measuring and recording the duration andvolume of treated wastewater discharged.

6. The permittee shall notify the department as soon as theyknow the permittee knows or have has reason tobelieve:

a. That any activity has occurred or will occur which wouldresult in the discharge, on a routine or frequent basis, of any toxic pollutantwhich is not limited in this permit, if that discharge will exceed thehighest of the following notification levels:

(1) One hundred micrograms per liter (100 μg/l);

(2) Two hundred micrograms per liter (200 μg/l) foracrolein and acrylonitrile; 500 micrograms per liter (500 μg/l) for 2,4‑dinitrophenoland for 2‑methyl‑4,6‑dinitrophenol; and one milligram perliter (1 mg/l) for antimony;

(3) Five times the maximum concentration value reported forthat pollutant in the permit application registration statement;or

(4) The level established by the board in accordance with 9VAC25-31-220 F.

b. That any activity has occurred or will occur which wouldresult in any discharge, on a nonroutine or infrequent basis, of a toxicpollutant which is not limited in this permit, if that discharge willexceed the highest of the following notification levels:

(1) Five hundred micrograms per liter (500 μg/l);

(2) One milligram per liter (1 mg/l) for antimony;

(3) Ten times the maximum concentration value reported forthat pollutant in the permit application; or

(4) The level established by the board in accordance with 9VAC25-31-220 F.

7. Geothermal systems using groundwater and no chemical additives.Geothermal systems using groundwater and no chemical additives may be eligiblefor reduced monitoring requirements.

If a geothermal system was covered by the previous noncontactcooling water general permit, and the monitoring results from the previouspermit term demonstrate full compliance with the effluent limitations, thepermittee may request authorization from the department to reduce themonitoring to once in the first monitoring quarter of the first year of thispermit term.

Owners of new geothermal systems, and previously unpermittedgeothermal systems that receive coverage under this permit shall submitmonitoring results to the department for the first four monitoring quartersafter coverage begins. If the monitoring results demonstrate full compliancewith the effluent limitations, the permittee may request authorization from thedepartment to suspend monitoring for the remainder of the permit term.

Should the permittee be issued a warning letter or noticeof violation related to violation of effluent limitations, a notice ofviolation, or be the subject of an active enforcement action regardingeffluent limit violations, upon issuance of the letter or notice, orinitiation of the enforcement action, the monitoring frequency shallrevert to 1/3 months and remain in effect until the permit's expiration date.

8. Monitoring results shall be reported using the same numberof significant digits as listed in the permit. Regardless of the roundingconvention used by the permittee (e.g., five always rounding up or to thenearest even number), the permittee shall use the convention consistently andshall ensure that consulting laboratories employed by the permittee use thesame convention.

9. Discharges to waters with an approved "totalmaximum daily load" (TMDL) TMDL. Owners of facilities that area source of the specified pollutant of concern to waters where an approved TMDLhas been established shall implement measures and controls that are consistentwith the assumptions and requirements of the TMDL.

10. Notice of termination.

a. The owner may terminate coverage under this general permitby filing a complete notice of termination with the department. Thenotice of termination may be filed after one or more of the followingconditions have been met:

(1) Operations have ceased at the facility and there are nolonger cooling water discharges from the facility;

(2) A new owner has assumed responsibility for the facility(NOTE: A notice of termination does not have to be submitted if a VPDES Changeof Ownership Agreement form has been submitted);

(3) All cooling water discharges associated with this facilityhave been covered by an a VPDES individual VPDES permit oran alternative VPDES permit; or

(4) Termination of coverage is being requested for anotherreason, provided the board agrees that coverage under this general permit is nolonger needed.

b. The notice of termination shall contain the followinginformation:

(1) Owner's name, mailing address, telephone number, and emailaddress (if available);

(2) Facility name and location;

(3) VPDES noncontact cooling water discharges generalpermit number; and

(4) The basis for submitting the notice of termination,including:

(a) A statement indicating that a new owner has assumedresponsibility for the facility;

(b) A statement indicating that operations have ceased at thefacility and there are no longer noncontact cooling water dischargesfrom the facility;

(c) A statement indicating that all noncontact coolingwater discharges have been covered by an a VPDES individual VPDESpermit; or

(d) A statement indicating that termination of coverage isbeing requested for another reason (state the reason).

c. The following certification: "I certify under penaltyof law that all noncontact cooling water discharges from the identifiedfacility that are authorized by this VPDES general permit have been eliminated,or covered under a VPDES individual or alternative permit, or that I am nolonger the owner of the facility, or permit coverage should be terminated foranother reason listed above. I understand that by submitting this notice oftermination that I am no longer authorized to discharge noncontactcooling water in accordance with the general permit, and that dischargingpollutants in noncontact cooling water to surface waters is unlawfulwhere the discharge is not authorized by a VPDES permit. I also understand thatthe submittal of this notice of termination does not release an owner fromliability for any violations of this permit or the Clean Water Act."

d. The notice of termination shall be signed in accordancewith Part II K.

e. The notice of termination shall be submitted to the DEQregional office serving the area where the noncontact cooling waterdischarge is located.

11. The discharges authorized by this permit shall becontrolled as necessary to meet applicable water quality standards.

12. Approval for coverage under this general permit does notrelieve any owner of the responsibility to comply with any other federal,state, or local statute, ordinance, or regulation.

Part II
Conditions Applicable to All VPDES Permits

A. Monitoring.

1. Samples and measurements taken as required by this permitshall be representative of the monitored activity.

2. Monitoring shall be conducted according to proceduresapproved under 40 CFR Part 136 or alternative methods approved by the U.S.Environmental Protection Agency, unless other procedures have been specified inthis permit.

3. The permittee shall periodically calibrate and performmaintenance procedures on all monitoring and analytical instrumentation atintervals that will ensure accuracy of measurements.

4. Samples taken as required by this permit shall be analyzedin accordance with 1VAC30-45, Certification for Noncommercial EnvironmentalLaboratories, or 1VAC30-46, Accreditation for Commercial EnvironmentalLaboratories.

B. Records.

1. Records of monitoring information shall include:

a. The date, and exact place and time of samplingor measurements;

b. The individual(s) individuals who performedthe sampling or measurements;

c. The date(s) dates and time(s) timesanalyses were performed;

d. The individual(s) individuals who performedthe analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2. Except for records of monitoring information required bythis permit related to the permittee's sewage sludge use and disposalactivities, which shall be retained for a period of at least five years, thepermittee shall retain records of all monitoring information, including allcalibration and maintenance records and all original strip chart recordings forcontinuous monitoring instrumentation, copies of all reports required by thispermit, and records of all data used to complete the registration statement forthis permit, for a period of at least three years from the date of the sample,measurement, report or request for coverage. This period of retention shall beextended automatically during the course of any unresolved litigation regardingthe regulated activity or regarding control standards applicable to thepermittee or as requested by the board.

C. Reporting monitoring results.

1. The permittee shall submit the results of the monitoringrequired by this permit not later than the 10th day of the month aftermonitoring takes place, unless another reporting schedule is specifiedelsewhere in this permit. Monitoring results shall be submitted to thedepartment's regional office.

2. Monitoring results shall be reported on a DischargeMonitoring Report (DMR) or on forms provided, approved or specified by thedepartment.

3. If the permittee monitors any pollutant specificallyaddressed by this permit more frequently than required by this permit usingtest procedures approved under 40 CFR Part 136 or using other test proceduresapproved by the U.S. Environmental Protection Agency or using proceduresspecified in this permit, the results of this monitoring shall be included inthe calculation and reporting of the data submitted in the DMR or reportingform specified by the department.

4. Calculations for all limitations which require averaging ofmeasurements shall utilize an arithmetic mean unless otherwise specified inthis permit.

D. Duty to provide information. The permittee shall furnishto the department, within a reasonable time, any information which the boardmay request to determine whether cause exists for modifying, revoking andreissuing, or terminating coverage under this permit or to determinecompliance with this permit. The board may require the permittee to furnish,upon request, such plans, specifications, and other pertinent information asmay be necessary to determine the effect of the wastes from his discharge onthe quality of state waters, or such other information as may be necessary toaccomplish the purposes of the State Water Control Law. The permittee shallalso furnish to the department upon request copies of records required to bekept by this permit.

E. Compliance schedule reports. Reports of compliance ornoncompliance with, or any progress reports on, interim and final requirementscontained in any compliance schedule of this permit shall be submitted no laterthan 14 days following each schedule date.

F. Unauthorized discharges. Except in compliance with thispermit or another permit issued by the board, it shall be unlawful for anyperson to:

1. Discharge into state waters sewage, industrial wastes,other wastes, or any noxious or deleterious substances; or

2. Otherwise alter the physical, chemical or biologicalproperties of such state waters and make them detrimental to the public health,to animal or aquatic life, to the use of such waters for domestic or industrialconsumption, for recreation, or for other uses.

G. Reports of unauthorized discharges. Any permittee whodischarges or causes or allows a discharge of sewage, industrial waste, otherwastes or any noxious or deleterious substance into or upon state waters inviolation of Part II F, or who discharges or causes or allows a discharge thatmay reasonably be expected to enter state waters in violation of Part II F,shall notify the department of the discharge immediately upon discovery of thedischarge, but in no case later than 24 hours after said discovery. A writtenreport of the unauthorized discharge shall be submitted to the departmentwithin five days of discovery of the discharge. The written report shallcontain:

1. A description of the nature and location of the discharge;

2. The cause of the discharge;

3. The date on which the discharge occurred;

4. The length of time that the discharge continued;

5. The volume of the discharge;

6. If the discharge is continuing, how long it is expected tocontinue;

7. If the discharge is continuing, what the expected totalvolume of the discharge will be; and

8. Any steps planned or taken to reduce, eliminate and preventa recurrence of the present discharge or any future discharges not authorizedby this permit.

Discharges reportable to the department under the immediatereporting requirements of other regulations are exempted from this requirement.

H. Reports of unusual or extraordinary discharges. If anyunusual or extraordinary discharge including a bypass or upset should occurfrom a treatment works and the discharge enters or could be expected to enterstate waters, the permittee shall promptly notify, in no case later than 24hours, the department by telephone after the discovery of the discharge. Thisnotification shall provide all available details of the incident, including anyadverse affects effects on aquatic life and the known number offish killed. The permittee shall reduce the report to writing and shall submitit to the department within five days of discovery of the discharge in accordancewith Part II I 2. Unusual and extraordinary discharges include but are notlimited to any discharge resulting from:

1. Unusual spillage of materials resulting directly orindirectly from processing operations;

2. Breakdown of processing or accessory equipment;

3. Failure or taking out of service some or all of thetreatment works; and

4. Flooding or other acts of nature.

I. Reports of noncompliance. The permittee shall report anynoncompliance which may adversely affect state waters or may endanger publichealth.

1. An oral report shall be provided within 24 hours from thetime the permittee becomes aware of the circumstances. The following shall beincluded as information which shall be reported within 24 hours under thissubsection:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within five days andshall contain:

a. A description of the noncompliance and its cause;

b. The period of noncompliance, including exact dates andtimes, and if the noncompliance has not been corrected, the anticipated time itis expected to continue; and

c. Steps taken or planned to reduce, eliminate, and preventreoccurrence of the noncompliance.

The board may waive the written report on a case-by-case basisfor reports of noncompliance under Part II I if the oral report has beenreceived within 24 hours and no adverse impact on state waters has beenreported.

3. The permittee shall report all instances of noncompliancenot reported under Part II I 1 or 2, in writing, at the time the nextmonitoring reports are submitted. The reports shall contain the informationlisted in Part II I 2.

NOTE: The immediate (within 24 hours) reports required inParts II G, H and I may be made to the department's regional office. Reportsmay be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/PollutionReportingForm.aspx.For reports outside normal working hours, leave a message and this shallfulfill the immediate reporting requirement. For emergencies, the VirginiaDepartment of Emergency Services maintains a 24-hour telephone service at 1-800-468-8892.

J. Notice of planned changes.

1. The permittee shall give notice to the department as soonas possible of any planned physical alterations or additions to the permittedfacility. Notice is required only when:

a. The permittee plans alteration or addition to any building,structure, facility, or installation from which there is or may be a dischargeof pollutants, the construction of which commenced:

(1) After promulgation of standards of performance under § 306of Clean Water Act which are applicable to such source; or

(2) After proposal of standards of performance in accordancewith § 306 of Clean Water Act which are applicable to such source, butonly if the standards are promulgated in accordance with § 306 within 120 daysof their proposal;

b. The alteration or addition could significantly change thenature or increase the quantity of pollutants discharged. This notificationapplies to pollutants which are subject neither to effluent limitations nor tonotification requirements specified elsewhere in this permit; or

c. The alteration or addition results in a significant changein the permittee's sludge use or disposal practices, and such alteration,addition, or change may justify the application of permit conditions that aredifferent from or absent in the existing permit, including notification ofadditional use or disposal sites not reported during the permit applicationregistration process or not reported pursuant to an approved landapplication plan.

2. The permittee shall give advance notice to the departmentof any planned changes in the permitted facility or activity which may resultin noncompliance with permit requirements.

K. Signatory requirements.

1. Registration statements. All registration statements shallbe signed as follows:

a. For a corporation: by a responsible corporate officer. Forthe purpose of this section, a responsible corporate officer means: (i) apresident, secretary, treasurer, or vice-president of the corporation in chargeof a principal business function, or any other person who performs similarpolicy-making or decision-making functions for the corporation, or (ii) themanager of one or more manufacturing, production, or operating facilities,provided the manager is authorized to make management decisions that govern theoperation of the regulated facility including having the explicit or implicitduty of making major capital investment recommendations, and initiating anddirecting other comprehensive measures to assure long-term environmentalcompliance with environmental laws and regulations; the manager can ensure thatthe necessary systems are established or actions taken to gather complete andaccurate information for permit application registrationrequirements; and where authority to sign documents has been assigned ordelegated to the manager in accordance with corporate procedures;

b. For a partnership or sole proprietorship: by a generalpartner or the proprietor, respectively; or

c. For a municipality, state, federal, or other public agency:by either a principal executive officer or ranking elected official. Forpurposes of this section, a principal executive officer of a public agencyincludes: (i) the chief executive officer of the agency, or (ii) a senior executiveofficer having responsibility for the overall operations of a principalgeographic unit of the agency.

2. Reports, etc and other information. Allreports required by permits, and other information requested by the board shallbe signed by a person described in Part II K 1, or by a duly authorizedrepresentative of that person. A person is a duly authorized representativeonly if:

a. The authorization is made in writing by a person describedin Part II K 1;

b. The authorization specifies either an individual or aposition having responsibility for the overall operation of the regulatedfacility or activity such as the position of plant manager, operator of a wellor a well field, superintendent, position of equivalent responsibility, or anindividual or position having overall responsibility for environmental mattersfor the company (a duly authorized representative may thus be either a namedindividual or any individual occupying a named position); and

c. The written authorization is submitted to the department.

3. Changes to authorization. If an authorization under Part IIK 2 is no longer accurate because a different individual or position hasresponsibility for the overall operation of the facility, a new authorizationsatisfying the requirements of Part II K 2 shall be submitted to the departmentprior to or together with any reports or information to be signed by anauthorized representative.

4. Certification. Any person signing a document under Part IIK 1 or 2 shall make the following certification:

"I certify under penalty of law that this document andall attachments were prepared under my direction or supervision in accordancewith a system designed to assure that qualified personnel properly gather andevaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of myknowledge and belief, true, accurate, and complete. I am aware that there aresignificant penalties for submitting false information, including thepossibility of fine and imprisonment for knowing violations."

L. Duty to comply. The permittee shall comply with allconditions of this permit. Any permit noncompliance constitutes a violation ofthe State Water Control Law and the Clean Water Act, except that noncompliancewith certain provisions of this permit may constitute a violation of the StateWater Control Law but not the Clean Water Act. Permit noncompliance is grounds forenforcement action; for permit coverage termination, revocation andreissuance, or modification; or denial of a permit coverage renewal application.

The permittee shall comply with effluent standards orprohibitions established under § 307(a) of the Clean Water Act for toxicpollutants and with standards for sewage sludge use or disposal establishedunder § 405(d) of the Clean Water Act within the time provided in theregulations that establish these standards or prohibitions or standards forsewage sludge use or disposal, even if this permit has not yet been modified toincorporate the requirement.

M. Duty to reapply. If the permittee wishes to continue anactivity regulated by this permit after the expiration date of this permit, thepermittee shall apply for and obtain coverage under a new permit. Allpermittees with a currently effective permit coverage shallsubmit a new registration statement at least 30 days before the expiration dateof the existing permit, unless permission for a later date has been granted bythe board. The board shall not grant permission for registration statements tobe submitted later than the expiration date of the existing permit.

N. Effect of a permit. This permit does not convey anyproperty rights in either real or personal property or any exclusiveprivileges, nor does it authorize any injury to private property or invasion ofpersonal rights, or any infringement of federal, state or local law orregulations.

O. State law. Nothing in this permit shall be construed topreclude the institution of any legal action under, or relieve the permitteefrom any responsibilities, liabilities, or penalties established pursuant toany other state law or regulation or under authority preserved by § 510 of theClean Water Act. Except as provided in permit conditions on bypass (Part II U)and upset (Part II V), nothing in this permit shall be construed to relieve thepermittee from civil and criminal penalties for noncompliance.

P. Oil and hazardous substance liability. Nothing in thispermit shall be construed to preclude the institution of any legal action orrelieve the permittee from any responsibilities, liabilities, or penalties towhich the permittee is or may be subject under §§ 62.1-44.34:14 through62.1-44.34:23 of the State Water Control Law.

Q. Proper operation and maintenance. The permittee shall atall times properly operate and maintain all facilities and systems of treatmentand control (and related appurtenances) which are installed or used by thepermittee to achieve compliance with the conditions of this permit. Properoperation and maintenance also includes effective plant performance, adequatefunding, adequate staffing, and adequate laboratory and process controls,including appropriate quality assurance procedures. This provision requires theoperation of back-up or auxiliary facilities or similar systems which are installedby the permittee only when the operation is necessary to achieve compliancewith the conditions of this permit.

R. Disposal of solids or sludges. Solids, sludges or otherpollutants removed in the course of treatment or management of pollutants shallbe disposed of in a manner so as to prevent any pollutant from such materialsfrom entering state waters.

S. Duty to mitigate. The permittee shall take all reasonablesteps to minimize or prevent any discharge or sludge use or disposal inviolation of this permit which has a reasonable likelihood of adverselyaffecting human health or the environment.

T. Need to halt or reduce activity not a defense. It shallnot be a defense for a permittee in an enforcement action that it would havebeen necessary to halt or reduce the permitted activity in order to maintaincompliance with the conditions of this permit.

U. Bypass.

1. "Bypass" means the intentional diversion of wastestreams from any portion of a treatment facility. The permittee may allow anybypass to occur which does not cause effluent limitations to be exceeded, butonly if it also is for essential maintenance to ensure efficient operation.These bypasses are not subject to the provisions of Part II U 2 and U 3.

2. Notice.

a. Anticipated bypass. If the permittee knows in advance ofthe need for a bypass, prior notice shall be submitted, if possible at least 10days before the date of the bypass.

b. Unanticipated bypass. The permittee shall submit notice ofan unanticipated bypass as required in Part II I.

3. Prohibition of bypass.

a. Bypass is prohibited, and the board may take enforcementaction against a permittee for bypass, unless:

(1) Bypass was unavoidable to prevent loss of life, personalinjury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such asthe use of auxiliary treatment facilities, retention of untreated wastes, ormaintenance during normal periods of equipment downtime. This condition is notsatisfied if adequate back-up equipment should have been installed in theexercise of reasonable engineering judgment to prevent a bypass which occurredduring normal periods of equipment downtime or preventive maintenance; and

(3) The permittee submitted notices as required under Part IIU 2.

b. The board may approve an anticipated bypass, afterconsidering its adverse effects, if the board determines that it will meet thethree conditions listed in Part II U 3 a.

V. Upset.

1. An upset constitutes an affirmative defense to an actionbrought for noncompliance with technology based permit effluent limitations ifthe requirements of Part II V 2 are met. A determination made duringadministrative review of claims that noncompliance was caused by upset, andbefore an action for noncompliance, is not a final administrative actionsubject to judicial review.

2. A permittee who wishes to establish the affirmative defenseof upset shall demonstrate, through properly signed, contemporaneous operatinglogs, or other relevant evidence that:

a. An upset occurred and that the permittee can identify the cause(s)causes of the upset;

b. The permitted facility was at the time being properlyoperated;

c. The permittee submitted notice of the upset as required inPart II I; and

d. The permittee complied with any remedial measures requiredunder Part II S.

3. In any enforcement proceeding the permittee seeking to establishthe occurrence of an upset has the burden of proof.

W. Inspection and entry. The permittee shall allow thedirector, or an authorized representative, upon presentation of credentials andother documents as may be required by law, to:

1. Enter upon the permittee's premises where a regulatedfacility or activity is located or conducted, or where records must be keptunder the conditions of this permit;

2. Have access to and copy, at reasonable times, any recordsthat must be kept under the conditions of this permit;

3. Inspect at reasonable times any facilities, equipment(including monitoring and control equipment), practices, or operationsregulated or required under this permit; and

4. Sample or monitor at reasonable times, for the purposes ofassuring permit compliance or as otherwise authorized by the Clean Water Actand the State Water Control Law, any substances or parameters at any location.

For purposes of this subsection, the time for inspectionshall be deemed reasonable during regular business hours, and orwhenever the facility is discharging. Nothing contained herein shall make aninspection unreasonable during an emergency.

X. Permit actions. Permits coverage may be modified,revoked and reissued, or terminated for cause. The filing of a request bythe permittee for a permit modification, revocation and reissuance,or coverage termination, or a notification of planned changesor anticipated noncompliance does not stay any permit condition.

Y. Transfer of permits permit coverage.

1. Permits are Permit coverage is nottransferable to any person except after notice to the department. Except asprovided in Part II Y 2, a permit may be transferred by the permittee to a newowner or operator only if the permit has been modified or revoked and reissued,or a minor modification made, to identify the new permittee and incorporatesuch other requirements as may be necessary under the State Water Control Lawand the Clean Water Act.

2. As an alternative to transfers under Part II Y 1, Coverageunder this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the department within 30days of the transfer of the title to the facility or property;

b. The notice includes a written agreement between the existingand new permittees containing a specific date for transfer of permitresponsibility, coverage, and liability between them; and

c. The board does not notify the existing permittee and theproposed new permittee of its intent to modify or revoke and reissue thepermit deny permit coverage. If this notice is not received, thetransfer is effective on the date specified in the agreement mentioned in PartII Y 2 b.

Z. Severability. The provisions of this permit are severable.If any provision of this permit or the application of any provision of thispermit to any circumstance is held invalid, the application of such provisionto other circumstances and the remainder of this permit shall not be affectedthereby.