A. Discharges
covered under this section. The requirements listed under this section apply to
stormwater discharges associated with industrial activity from waste disposal
at landfills, land application sites, and open dumps that receive or have
received industrial wastes (Industrial Activity Code "LF"), including sites
subject to regulation under Subtitle D of the Resource Conservation and
Recovery Act (RCRA). Landfills, land application sites, and open dumps that
have stormwater discharges from other types of industrial activities (e.g.,
vehicle maintenance, truck washing, and recycling) may be subject to additional
requirements specified elsewhere in this permit. This permit does not cover
discharges from landfills that receive only municipal wastes. Landfills
(including landfills in "post-closure care") that have been properly closed and
capped in accordance with
9VAC20-81-160 and
9VAC20-81-170 and have no
significant materials exposed to stormwater do not require this permit.
Landfills closed in accordance with regulations or permits in effect before
December 21, 1988, do not require this permit, unless significant materials are
exposed to stormwater.
B. Special
conditions. Prohibition of nonstormwater discharges. In addition to the general
nonstormwater prohibition in Part I B 1, the following discharges are not
covered by this permit: leachate, gas collection condensate, drained free
liquids, contaminated ground water, laboratory wastewater, and contact
washwater from washing truck, equipment, and railcar exteriors and surface
areas that have come in direct contact with solid waste at the landfill
facility.
C. Definitions.
"Contaminated stormwater" means stormwater that comes in
direct contact with landfill wastes, the waste handling and treatment areas, or
landfill wastewater. Some areas of a landfill that may produce contaminated
stormwater include the working face of an active landfill; the areas around
wastewater treatment operations; trucks, equipment, or machinery that has been
in direct contact with the waste; and waste dumping areas.
"Drained free liquids" means aqueous wastes drained from
waste containers (e.g., drums, etc.) before landfilling.
"Landfill wastewater," as defined in 40 CFR Part 445
(Landfills Point Source Category), means all wastewater associated with, or
produced by, landfilling activities except for sanitary wastewater,
noncontaminated stormwater, contaminated groundwater, and wastewater from
recovery pumping wells. Landfill wastewater includes leachate, gas collection
condensate, drained free liquids, laboratory derived wastewater, contaminated
stormwater, and contact washwater from washing truck, equipment, and railcar
exteriors and surface areas that have come in direct contact with solid waste
at the landfill facility.
"Leachate" means liquid that has passed through or emerged
from solid waste and contains soluble, suspended, or miscible materials removed
from the waste.
"Noncontaminated stormwater" means stormwater that does not
come into direct contact with landfill wastes, the waste handling and treatment
areas, or landfill wastewater as defined. Noncontaminated stormwater includes
stormwater that flows off the cap, intermediate cover, or final cover of the
landfill.
"Open dump" means a site on which any solid waste is
placed, discharged, deposited, injected, dumped, or spilled so as to present a
threat of a release of harmful substances into the environment or present a
hazard to human health. Such a site is subject to the open dump criteria in
9VAC20-81-45.
D. Stormwater controls. In addition to the
requirements in Part III, the SWPPP shall include, at a minimum, the following
items:
1. Preventive maintenance program. As
part of the preventive maintenance program, the permittee shall maintain all
elements of leachate collection and treatment systems to prevent commingling of
leachate with stormwater and the integrity and effectiveness of any
intermediate or final cover (including making repairs to the cover as
necessary), to minimize the effects of settlement, sinking, and
erosion.
2. Routine facility
inspections.
a. Inspections of active sites.
Operating landfills, open dumps, and land application sites shall be inspected
at least once every seven days. Qualified staff shall inspect areas of
landfills that have not yet been finally stabilized, active land application
areas, areas used for storage of materials or wastes that are exposed to
precipitation, stabilization and structural control measures, leachate
collection and treatment systems, and locations where equipment and waste
trucks enter and exit the site. Erosion and sediment control measures shall be
observed to ensure they are operating correctly. For stabilized sites and areas
where land application has been completed, inspections shall be conducted at
least once every month.
b.
Inspections of inactive sites. Inactive landfills, open dumps, and land
application sites shall be inspected at least quarterly. Qualified staff shall
inspect landfill (or open dump) stabilization and structural erosion control
measures and leachate collection and treatment systems and all closed land
application areas.
3.
Recordkeeping and internal reporting procedures. Landfill and open dump owners
shall provide for a tracking system for the types of wastes disposed of in each
cell or trench of a landfill or open dump. Land application site owners shall
track the types and quantities of wastes applied in specific areas.
4. Annual outfall evaluation for unauthorized
discharges. The evaluation shall also be conducted for the presence of leachate
and vehicle washwater.
5. Sediment
and erosion control plan. Landfill and open dump owners shall provide for
temporary stabilization of materials stockpiled for daily, intermediate, and
final cover. Stabilization practices to consider include temporary seeding,
mulching, and placing geotextiles on the inactive portions of the stockpiles.
Landfill and open dump owners shall provide for temporary stabilization of
inactive areas of the landfill or open dump that have an intermediate cover but
no final cover. Landfill and open dump owners shall provide for temporary
stabilization of any landfill or open dumping areas which have received a final
cover until vegetation has established itself. Land application site owners
shall also stabilize areas where waste application has been completed until
vegetation has been established.
E. Numeric effluent limitations. As set forth
at 40 CFR Part
445 Subpart B, the numeric limitations in Table 190-1 apply to
contaminated stormwater discharges from municipal solid waste landfills
(MSWLFs) that have not been closed in accordance with
40 CFR
258.60, and contaminated stormwater
discharges from those landfills that are subject to the provisions of 40 CFR
Part
257 (these include construction and debris landfills and industrial
landfills) except for discharges from any of the following facilities:
1. Landfills operated in conjunction with
other industrial or commercial operations when the landfill only receives
wastes generated by the industrial or commercial operation directly associated
with the landfill;
2. Landfills
operated in conjunction with other industrial or commercial operations when the
landfill receives wastes generated by the industrial or commercial operation
directly associated with the landfill and also receives other wastes provided
the other wastes received for disposal are generated by a facility that is
subject to the same provisions in 40 CFR Subchapter
N as the industrial or
commercial operation or the other wastes received are of similar nature to the
wastes generated by the industrial or commercial operation;
3. Landfills operated in conjunction with
centralized waste treatment (CWT) facilities subject to 40 CFR Part
437 so long
as the CWT facility commingles the landfill wastewater with other nonlandfill
wastewater for discharge. A landfill directly associated with a CWT facility is
subject to this part if the CWT facility discharges landfill wastewater
separately from other CWT wastewater or commingles the wastewater from its
landfill only with wastewater from other landfills; or
4. Landfills operated in conjunction with
other industrial or commercial operations when the landfill receives wastes
from public service activities so long as the company owning the landfill does
not receive a fee or other remuneration for the disposal service.
Table 190-1
Sector L - Numeric Effluent
Limitations
|
Parameter
|
Effluent Limitations
|
Maximum Daily
|
Maximum Monthly Average
|
Landfills (Industrial Activity Code "LF") that are
Subject to the Requirements of 40 CFR Part 445 Subpart B.
|
Biochemical Oxygen Demand
(BOD5)
|
140 mg/L
|
37 mg/L
|
Total Suspended Solids (TSS)
|
88 mg/L
|
27 mg/L
|
Ammonia
|
10 mg/L
|
4.9 mg/L
|
Alpha Terpineol
|
0.033 mg/L
|
0.016 mg/L
|
Benzoic Acid
|
0.12 mg/L
|
0.071 mg/L
|
p-Cresol
|
0.025 mg/L
|
0.014 mg/L
|
Phenol
|
0.026 mg/L
|
0.015 mg/L
|
Zinc (Total)
|
0.20 mg/L
|
0.11 mg/L
|
pH
|
Within the range of 6.0 - 9.0 s.u.
|
F. Benchmark monitoring and reporting
requirements. Landfills, land application, and open dump sites are required to
monitor their stormwater discharges for the pollutants of concern listed in
Table 190-2. These benchmark monitoring concentrations apply to stormwater
discharges associated with industrial activity other than contaminated
stormwater discharges from landfills subject to the numeric effluent
limitations set forth in Table 190-1.
Table 190-2
Sector L - Benchmark Monitoring
Requirements
|
Pollutants of Concern
|
Benchmark Concentration
|
Landfills, Land Application Sites and Open Dumps
(Industrial Activity Code "LF").
|
Total Suspended Solids (TSS)
|
100 mg/L
|
Notes
9
Va. Admin. Code §
25-151-190
Derived
from Virginia Register Volume 15, Issue 9, eff. June 30, 1999; amended,
Virginia Register Volume 20, Issue 16, eff. July 1, 2004; Volume 25, Issue 19,
eff. June 24, 2009; Volume 27, Issue 26, eff. September 28, 2011; Amended,
Virginia Register Volume 30, Issue 11, eff. July 1, 2014; Amended,
Virginia
Register Volume 35, Issue 19, eff.
7/1/2019; Amended,
Virginia
Register Volume 40, Issue 15, eff.
7/1/2024.
Statutory Authority: §
62.1-44.15 of the Code of
Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
124.