Any owner whose registration statement is accepted by the
director will receive the following general permit and shall comply with the
requirements therein and be subject to the VPDES Permit Regulation, 9VAC25-31.
Facilities with colocated industrial activities shall comply with all
applicable monitoring and SWPPP requirements of each industrial activity sector
of this chapter in which a colocated industrial activity is described. All
pages of 9VAC25-151-70 and
9VAC25-151-80 apply to all
stormwater discharges associated with industrial activity covered under this
general permit. Not all pages of
9VAC25-151-90 et seq. will apply to
every permittee. The determination of which pages apply will be based on an
evaluation of the regulated activities located at the facility.
VPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA
POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL
LAW
In compliance with the provisions of the Clean Water Act, as
amended, and pursuant to the State Water Control Law and regulations adopted
pursuant thereto, owners of facilities with stormwater discharges associated
with industrial activity are authorized to discharge to surface waters within
the boundaries of the Commonwealth of Virginia, except those waters
specifically named in board regulation that prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, the registration statement, Part I-Effluent Limitations, Monitoring
Requirements and Special Conditions, Part II-Conditions Applicable to All VPDES
Permits, Part III-Stormwater Pollution Prevention Plan, and Part
IV-Sector-Specific Permit Requirements, as set forth in this general
permit.
B. Special conditions.
1. Authorized nonstormwater discharges.
Except as provided in this section or in Part IV (
9VAC25-151-90
et seq.), all discharges covered by this permit shall be composed entirely of
stormwater. The following nonstormwater discharges are authorized by this
permit:
a. Discharges from emergency
firefighting activities;
b. Fire
hydrant flushings, managed in a manner to avoid an instream impact;
c. Potable water, including water line
flushings, managed in a manner to avoid an instream impact;
d. Uncontaminated condensate from air
conditioners, coolers, and other compressors and from the outside storage of
refrigerated gases or liquids;
e.
Irrigation drainage;
f. Landscape
watering provided all pesticides, herbicides, and fertilizer have been applied
in accordance with the approved labeling;
g. Routine external building washdown that
does not use detergents or hazardous cleaning products;
h. Payement wash waters where no detergents
or hazardous cleaning products are used and no spills or leaks of toxic or
hazardous materials have occurred (unless all spilled material has been
removed). Pavement wash waters shall be managed in a manner to avoid an
instream impact;
i. Uncontaminated
groundwater or spring water;
j.
Foundation or footing drains where flows are not contaminated with process
materials; and
k. Incidental
windblown mist from cooling towers that collects on rooftops or adjacent
portions of the facility, but not intentional discharges from the cooling tower
(e.g., "piped" cooling tower blowdown or drains).
All other nonstormwater discharges are not authorized and
shall either be eliminated or covered under a separate VPDES permit.
2. Releases of
hazardous substances or oil in excess of reportable quantities. The discharge
of hazardous substances or oil in the stormwater discharges from the facility
shall be prevented or minimized in accordance with the SWPPP for the facility.
This permit does not authorize the discharge of hazardous substances or oil
resulting from an on-site spill. This permit does not relieve the permittee of
the reporting requirements of 40 CFR Part
110, 40 CFR Part
117, and 40 CFR Part
302 or §
62.1-44.34:19
of the Code of Virginia.
Where a release containing a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity established under either
40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour
period:
a. The permittee is required
to notify the department in accordance with the requirements of Part II G as
soon as he has knowledge of the discharge;
b. Where a release enters an MS4, the
permittee shall also notify the owner of the MS4; and
c. The SWPPP required under Part III shall be
reviewed to identify measures to prevent the reoccurrence of such releases and
to respond to such releases, and the SWPPP shall be modified where
appropriate.
3.
Colocated industrial activity. If the facility has industrial activities
occurring on-site which are described by any of the activities in Part IV of
the permit (
9VAC25-151-90
et seq.), those industrial activities are considered to be colocated industrial
activities. Stormwater discharges from colocated industrial activities are
authorized by this permit, provided that the permittee complies with any and
all additional SWPPP and monitoring requirements from Part IV applicable to
that particular colocated industrial activity. The permittee shall be
responsible for additional SWPPP and monitoring requirements applicable to the
colocated industrial activity by examining the narrative descriptions of all
discharges covered under this section.
4. The stormwater discharges authorized by
this permit may be combined with other sources of stormwater which are not
required to be covered under a VPDES permit, so long as the combined discharge
is in compliance with this permit.
5. There shall be no discharge of waste,
garbage, or floating debris in other than trace amounts.
6. Approval for coverage under this general
permit does not relieve the permittee of the responsibility to comply with any
other applicable federal, state, or local statute, ordinance, or
regulation.
7. Discharges to waters
subject to TMDL wasteload allocations. Owners of facilities that are a source
of the specified pollutant of concern to waters for which a TMDL wasteload
allocation has been approved prior to the term of this permit shall incorporate
measures and controls into the SWPPP required by Part III that are consistent
with the assumptions and requirements of the TMDL. The department will provide
written notification to the owner that a facility is subject to the TMDL
requirements. The facility's SWPPP shall specifically address any conditions or
requirements included in the TMDL that are applicable to discharges from the
facility. If the TMDL establishes a specific numeric wasteload allocation that
applies to discharges from the facility, the owner shall perform any required
monitoring in accordance with Part I A 1 c (3), and implement control measures
designed to meet that allocation.
8. Discharges to waters subject to the
Chesapeake Bay TMDL.
a. Owners of facilities
in the Chesapeake Bay watershed shall monitor their discharges for total
suspended solids (TSS), total nitrogen (TN), and total phosphorus (TP) to
characterize the contributions from their facility's specific industrial sector
for these parameters. Total nitrogen is the sum of total Kjeldahl nitrogen
(TKN) and nitrite + nitrate and shall be derived from the results of those
tests. After the facility is granted coverage under the permit, samples shall
be collected during each of the first four monitoring periods (i.e., the first
two years of permit coverage). Monitoring periods are specified in Part I A 2.
Samples shall be collected and analyzed in accordance with Part I A 2.
Monitoring results shall be reported in accordance with Part I A 5 and Part II
C, and retained in accordance with Part II B.
b. Facilities that were covered under the
2014 industrial stormwater general permit shall comply with the following:
(1) Facilities that submitted a Chesapeake
Bay TMDL action plan that was approved by the board during the 2014 industrial
stormwater general permit term shall continue to implement the approved
Chesapeake Bay TMDL action plan during this permit term. An annual report shall
be submitted to the department by June 30 of each year describing the progress
in meeting the required reductions unless this reporting requirement is waived
by the department in accordance with Part I B 8 g. Monitoring in accordance
with Part I B 8 a is not required for these facilities during this permit
term.
(2) Facilities that completed
four samples for TSS, TN, and TP during the 2014 industrial stormwater general
permit term shall utilize the procedures in Part I B 8 c (2) to calculate their
facility stormwater loads. The permittee shall submit a copy of the
calculations and Chesapeake Bay TMDL action plan if required under Part I B 8 f
to the department within 60 days of coverage under this general
permit.
(3) Facilities that did not
complete four samples for TSS, TN, and TP during the 2014 industrial stormwater
general permit term shall be subject to completing the monitoring requirements
in Part I B 8 a beginning with the first full monitoring period after receiving
permit coverage. Calculations and a Chesapeake Bay TMDL action plan if required
under Part I B 8 f shall be submitted no later than 90 days following the
completion of the fourth monitoring period to the DEQ regional office serving
the area where the industrial facility is located on a form provided by the
department and maintained with the facility's SWPPP.
(4) Facilities that monitored for TSS, TN, or
TP may use the applicable sampling data collected during the 2014 industrial
stormwater general permit term to satisfy all or part of the four monitoring
periods requirement in accordance with Part I B 8 a.
c. Chesapeake Bay TMDL wasteload allocations
and Chesapeake Bay TMDL action plans.
(1)
EPA's Chesapeake Bay TMDL (December 29, 2010) includes wasteload allocations
for VPDES permitted industrial stormwater facilities as part of the regulated
stormwater aggregate load. EPA used data submitted by Virginia with the Phase I
Chesapeake Bay TMDL Watershed Implementation Plan, including the number of
industrial stormwater permits per county and the number of urban acres
regulated by industrial stormwater permits, as part of their development of the
aggregate load. Aggregate loads for industrial stormwater facilities were
appropriate because actual facility loading data were not available to develop
individual facility wasteload allocations.
Virginia estimated the loadings from industrial stormwater
facilities using actual and estimated facility acreage information and TP, TN,
and TSS loading rates from the Northern Virginia Planning District Commission
(NVPDC) Guidebook for Screening Urban Nonpoint Pollution Management Strategies
(Annandale, VA November 1979), prepared for the Metropolitan Washington Council
of Governments. The loading rates used were as follows:
TP - High (80%) imperviousness industrial; 1.5
lb/ac/yr
TN - High (80%) imperviousness industrial; 12.3
lb/ac/yr
TSS - High (80%) imperviousness industrial; 440
lb/ac/yr
The actual facility area information and the TP, TN, and TSS
data collected for this permit will be used by the board to quantify the
nutrient and sediment loads from VPDES permitted industrial stormwater
facilities.
(2) Calculation
of facility loads. The permittee shall analyze the nutrient and sediment data
collected in accordance with Part I B 8 a and 8 b to determine if pollution
reductions are required for this permit term. The permittee shall average the
data collected at the facility for each of the pollutants of concern (POC)
(e.g., TP, TN, and TSS) and compare the results to the loading rates for TP,
TN, and TSS presented in Part I B 8 c (1).
The following formula may be used to determine the loading
rate:
L = 0.226 x P x Pj x (0.05 + (0.9 x Ia)) x C
where:
L = the POC loading rate (lb/acre/year)
P = the annual rainfall (inches/year) - The permittee may use
either actual annual average rainfall data for the facility location (in
inches/year), the Virginia annual average rainfall of 44.3 inches/year, or
another method approved by the board.
Pj = the fraction of annual events that produce runoff - The
permittee shall use 0.9 unless the board approves another rate.
Ia = the impervious fraction of the facility impervious area
of industrial activity to the facility industrial activity area
C = the POC average concentration of all facility samples
(mg/L) - Facilities with multiple outfalls shall calculate a weighted average
concentration for each outfall using the drainage area of each outfall.
For total phosphorus and total suspended solids, all daily
concentration data below the quantitation level (QL) for the analytical method
used shall be treated as half the QL. All daily concentration data equal to or
above the QL for the analytical method used shall be treated as it is
reported.
For total nitrogen, if none of the daily concentration data
for the respective species (i.e., TKN, nitrate, or nitrite) are equal to or
above the QL for the respective analytical methods used, the daily TN
concentration value reported shall equal one half of the largest QL used for
the respective species. If one of the data is equal to or above the QL, the
daily TN concentration value shall be treated as that data point is reported.
If more than one of the data is above the QL, the daily TN concentration value
shall equal the sum of the data points as reported.
d. The permittee shall submit a copy of the
calculations to the department within 90 days from the end of the last
monitoring period that satisfies the monitoring requirement in Part I B 8 a.
Calculations shall be submitted to the DEQ regional office serving the area
where the industrial facility is located, on a form provided by the department,
and maintained with the facility's SWPPP.
e. Any modification to the facility's
industrial acreage or impervious industrial acreage shall require the facility
to recalculate facility loading rates. This may require the facility to modify
the facility's Chesapeake Bay TMDL action plan or submit a Chesapeake Bay TMDL
action plan as appropriate. Any recalculation of facility loading rates or
modifications to a Chesapeake Bay TMDL action plan shall be submitted to the
department within 90 days of the date on which the permittee completes a site
modification. If previous monitoring is no longer representative of the
modified facility, monitoring in accordance with Part I B 8 a shall commence
within 90 days of the modification and the revised calculations and Chesapeake
Bay TMDL action plan if required under Part IB8f shall be submitted no later
than 90 days following completion of the fourth monitoring period.
f. Chesapeake Bay TMDL action plan
requirements. If the calculated facility loading rate for TP, TN, or TSS is
above the loading rates for TP, TN, or TSS presented in Part I B 8 c (1), then
the permittee shall develop and submit a Chesapeake Bay TMDL action plan to the
department.
The Chesapeake Bay TMDL action plan shall be submitted on a
form provided by the department to the regional office serving the area where
the industrial facility is located within 90 days following the completion of
the fourth monitoring period. A copy of the current Chesapeake Bay TMDL action
plan and all facility loading rate calculations shall be maintained with the
facility's SWPPP. The Chesapeake Bay TMDL action plan shall include:
(1) A determination of the total pollutant
load reductions for TP, TN, and TSS (as appropriate) necessary to reduce the
annual loads from industrial activities. This shall be determined by
multiplying the industrial acreage times the difference between the TMDL
loading rates listed in Part I B 8 c (1) and the actual facility loading rates
calculated in accordance with Part I B 8 c (2). The reduction applies to the
total difference calculated for each pollutant of concern;
(2) The means and methods, such as management
practices and retrofit programs, that will be utilized to meet the required
reductions determined in Part I B 8 f (1) and a schedule to achieve those
reductions by June 30, 2024. The schedule should include annual milestones to
demonstrate the ongoing progress in meeting those reductions; and
(3) The permittee may consider utilization of
any pollutant trading or offset program in accordance with §§
62.1-44.19:20 through
62.1-44.19:23 of the Code of
Virginia, governing trading and offsetting, to meet the required
reductions.
g. A
permittee required to develop and implement a Chesapeake Bay TMDL Action Plan
shall submit an annual report to the department by June 30 of each year
describing the progress in meeting the required reductions.
h. Chesapeake Bay TMDL action plan annual
reporting waiver. Upon implementation of the facility's Chesapeake Bay TMDL
action plan, permittees may submit a waiver for the annual reporting
requirements. The waiver request shall be submitted for board approval to the
DEQ regional office serving the area where the industrial facility is located
on a form provided by the department. Annual reporting requirements will be in
effect until the permittee receives notice from the department that the waiver
has been approved. A copy of the waiver approval shall be maintained with the
SWPPP. The waiver may be revoked for cause by the board. A waiver request may
be approved by the board once the permittee demonstrates that they have
achieved all of the required pollutant reductions calculated under Part I B 8 f
(1). Pollutant reductions may be achieved using a combination of the following
alternatives:
(1) Reductions provided by one
or more of the BMPs from the Virginia Stormwater BMP Clearinghouse listed in
9VAC25-870-65, approved BMPs found
on the Virginia Stormwater Clearinghouse website, or BMPs approved by the
Chesapeake Bay Program. Any BMPs implemented to provide the required pollutant
reductions shall be incorporated in the SWPPP and be permanently maintained by
the permittee;
(2) Implementation
of site-specific BMPs followed by a minimum of four stormwater samples
collected in accordance with sampling requirements in Part I B 8 a that
demonstrate pollutant loadings have been reduced below those calculated under
Part I B 8 c. Any BMPs implemented to provide the required pollutant reductions
shall be incorporated in the SWPPP and be permanently maintained by the
permittee; or
(3) Acquisition of
nonpoint source credits certified by the board as perpetual in accordance with
§
62.1-44.19:20 of the Code of
Virginia.
9.
Discharges through a regulated MS4 to waters subject to the Chesapeake Bay
TMDL. In addition to the requirements of this permit, any facility with
industrial activity stormwater discharges through a regulated MS4 that is
notified by the MS4 operator that the locality has adopted ordinances to meet
the Chesapeake Bay TMDL shall incorporate measures and controls into its SWPPP
to comply with applicable local TMDL ordinance requirements.
10. Expansion of facilities that discharge to
waters subject to the Chesapeake Bay TMDL. Virginia's Phase I Chesapeake Bay
TMDL Watershed Implementation Plan (November 29, 2010), states that the
wasteloads from any expansion of an existing permitted facility discharging
stormwater in the Chesapeake Bay watershed cannot exceed the nutrient and
sediment loadings that were discharged from the expanded portion of the land
prior to the land being developed for the expanded industrial activity.
a. For any industrial activity area
expansions (i.e., construction activities, including clearing, grading, and
excavation activities) that commence on or after July 1, 2019, (the effective
date of this permit), the permittee shall document in the SWPPP the information
and calculations used to determine the nutrient and sediment loadings
discharged from the expanded land area prior to the land being developed, and
the measures and controls that were employed to meet the no net increase of
stormwater nutrient and sediment load as a result of the expansion of the
industrial activity. Any land disturbance that is exempt from permitting under
the VPDES construction stormwater general permit regulation (9VAC
25-880) is
exempt from this requirement.
b.
The permittee may use the VSMP water quality design criteria to meet the
requirements of Part I B 10 a. Under this criteria, the total phosphorus load
shall not exceed the greater of (i) the total phosphorus load that was
discharged from the expanded portion of the land prior to the land being
developed for the industrial activity or (ii) 0.41 pounds per acre per year.
Compliance with the water quality design criteria may be determined utilizing
the Virginia Runoff Reduction Method or another equivalent methodology approved
by the board. Design specifications and pollutant removal efficiencies for
specific BMPs can be found on the Virginia Stormwater BMP Clearinghouse
website.
c. The permittee may
consider utilization of any pollutant trading or offset program in accordance
with §§
62.1-44.19:20 through
62.1-44.19:23 of the Code of
Virginia, governing trading and offsetting, to meet the no net increase
requirement.
11. Water
quality protection. The discharges authorized by this permit shall be
controlled as necessary to meet applicable water quality standards. The board
expects that compliance with the conditions in this permit will control
discharges as necessary to meet applicable water quality standards.
12. Adding or deleting stormwater outfalls.
The permittee may add new or delete existing stormwater outfalls at the
facility as necessary and appropriate. The permittee shall update the SWPPP and
notify the department of all outfall changes within 30 days of the change. The
permittee shall submit a copy of the updated SWPPP site map with this
notification.
13. Antidegradation
requirements for new or increased discharges to high quality waters. Facilities
that add new outfalls, or increase their discharges from existing outfalls that
discharge directly to high quality waters designated under Virginia's water
quality standards antidegradation policy under
9VAC25-260-30 A 2 may be notified
by the department that additional control measures, or other permit conditions
are necessary to comply with the applicable antidegradation requirements, or
may be notified that an individual permit is required in accordance with
9VAC25-31-170 B 3.
14. Termination of permit coverage.
a. The owner may terminate coverage under
this general permit by filing a complete notice of termination with the
department. The notice of termination may be filed after one or more of the
following conditions have been met:
(1)
Operations have ceased at the facility and there are no longer discharges of
stormwater associated with industrial activity from the facility;
(2) A new owner has assumed responsibility
for the facility. A notice of termination does not have to be submitted if a
VPDES Change of Ownership Agreement Form has been submitted;
(3) All stormwater discharges associated with
industrial activity have been covered by an individual VPDES permit;
or
(4) Termination of coverage is
being requested for another reason, provided the board agrees that coverage
under this general permit is no longer needed.
b. The notice of termination shall contain
the following information:
(1) Owner's name,
mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES industrial stormwater general
permit registration number;
(4) The
basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner
has assumed responsibility for the facility;
(b) A statement indicating that operations
have ceased at the facility, and there are no longer discharges of stormwater
associated with industrial activity from the facility;
(c) A statement indicating that all
stormwater discharges associated with industrial activity have been covered by
an individual VPDES permit; or
(d)
A statement indicating that termination of coverage is being requested for
another reason and a description of the reason; and
(5) The following certification: "I certify
under penalty of law that all stormwater discharges associated with industrial
activity from the identified facility that are authorized by this VPDES general
permit have been eliminated, or covered under a VPDES individual permit, or
that I am no longer the owner of the industrial activity, or permit coverage
should be terminated for another reason listed above. I understand that by
submitting this notice of termination, that I am no longer authorized to
discharge stormwater associated with industrial activity in accordance with the
general permit, and that discharging pollutants in stormwater associated with
industrial activity to surface waters is unlawful where the discharge is not
authorized by a VPDES permit. I also understand that the submittal of this
notice of termination does not release an owner from liability for any
violations of this permit or the Clean Water Act."
c. The notice of termination shall be signed
in accordance with Part II K.
d.
The notice of termination shall be submitted to the DEQ regional office serving
the area where the industrial facility is located.
Part II Conditions Applicable to
All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required
by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to
procedures approved under 40 CFR Part
136 or alternative methods approved by
the U.S. Environmental Protection Agency, unless other procedures have been
specified in this permit.
3. The
permittee shall periodically calibrate and perform maintenance procedures on
all monitoring and analytical instrumentation at intervals that will ensure
accuracy of measurements.
4.
Samples taken as required by this permit shall be analyzed in accordance with
1VAC
30-45 (Certification for Noncommercial Environmental Laboratories) or
1VAC
30-46 (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. The permittee shall retain
copies of the SWPPP, including any modifications made during the term of this
permit, records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, copies of all reports required by this permit, and
records of all data used to complete the registration statement for this
permit, for a period of at least three years from the date that coverage under
this permit expires or is terminated. This period of retention shall be
extended automatically during the course of any unresolved litigation regarding
the regulated activity or regarding control standards applicable to the
permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of
the monitoring required by this permit not later than the 10th day of the month
after monitoring takes place, unless another reporting schedule is specified
elsewhere in this permit. Monitoring results shall be submitted to the
department's regional office.
2.
Monitoring results shall be reported in the department's electronic discharge
monitoring report (e-DMR) system. All reports and forms submitted in compliance
with this permit shall be submitted electronically by the permittee in
accordance with
9VAC25-31-1020.
3. If the permittee monitors any pollutant
specifically addressed by this permit more frequently than required by this
permit using test procedures approved under 40 CFR Part
136 or using other test
procedures approved by the U.S. Environmental Protection Agency or using
procedures specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in e-DMR or
reporting form specified by the department.
4. Calculations for all limitations which
require averaging of measurements shall utilize an arithmetic mean unless
otherwise specified in this permit.
D. Duty to provide information. The permittee
shall furnish to the department, within a reasonable time, any information
which the board may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating coverage under this permit or to
determine compliance with this permit. The board may require the permittee to
furnish, upon request, such plans, specifications, and other pertinent
information as may be necessary to determine the effect of the wastes from the
discharge on the quality of state waters, or such other information as may be
necessary to accomplish the purposes of the State Water Control Law. The
permittee shall also furnish to the department upon request, copies of records
required to be kept by this permit.
E. Compliance schedule reports. Reports of
compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit shall be
submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in
compliance with this permit, or another permit issued by the board, it shall be
unlawful for any person to:
1. Discharge into
state waters sewage, industrial wastes, other wastes, or any noxious or
deleterious substances; or
2.
Otherwise alter the physical, chemical or biological properties of such state
waters and make them detrimental to the public health, or to animal or aquatic
life, or to the use of such waters for domestic or industrial consumption, or
for recreation, or for other uses.
G. Reports of unauthorized discharges. Any
permittee who discharges or causes or allows a discharge of sewage, industrial
waste, other wastes or any noxious or deleterious substance into or upon state
waters in violation of Part II F; or who discharges or causes or allows a
discharge that may reasonably be expected to enter state waters in violation of
Part II F, shall notify the department of the discharge immediately upon
discovery of the discharge, but in no case later than 24 hours after said
discovery. A written report of the unauthorized discharge shall be submitted to
the department within five days of discovery of the discharge. The written
report shall contain:
1. A description of the
nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge
occurred;
4. The length of time
that the discharge continued;
5.
The volume of the discharge;
6. If
the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the
expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce,
eliminate and prevent a recurrence of the present discharge or any future
discharges not authorized by this permit.
Discharges reportable to the department under the immediate
reporting requirements of other regulations are exempted from this
requirement.
H.
Reports of unusual or extraordinary discharges. If any unusual or extraordinary
discharge including a bypass or upset should occur from a treatment works and
the discharge enters or could be expected to enter state waters, the permittee
shall promptly notify, in no case later than 24 hours, the department by
telephone after the discovery of the discharge. This notification shall provide
all available details of the incident, including any adverse effects on aquatic
life and the known number of fish killed. The permittee shall reduce the report
to writing and shall submit it to the department within five days of discovery
of the discharge in accordance with Part II I 1 b. Unusual and extraordinary
discharges include any discharge resulting from:
1. Unusual spillage of materials resulting
directly or indirectly from processing operations;
2. Breakdown of processing or accessory
equipment;
3. Failure or taking out
of service some or all of the treatment works; and
4. Flooding or other acts of
nature.
I. Reports of
noncompliance.
1. The permittee shall report
any noncompliance that may adversely affect state waters or may endanger public
health.
a. An oral report shall be provided
within 24 hours from the time the permittee becomes aware of the circumstances.
The following shall be included as information that shall be reported within 24
hours under Part II I:
(1) Any unanticipated
bypass; and
(2) Any upset which
causes a discharge to surface waters.
b. A written report shall be submitted within
five days and shall contain:
(1) A
description of the noncompliance and its cause;
(2) The period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and
(3) Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case
basis for reports of noncompliance under Part II I if the oral report has been
received within 24 hours and no adverse impact on state waters has been
reported.
2. The permittee shall report all instances
of noncompliance not reported under Part II I 1 in writing at the time the next
monitoring reports are submitted. The reports shall contain the information
listed in Part II I 1.
3. The
immediate (within 24 hours) reports required in Part II G, H and I may be made
to the department's regional office. Reports may be made by telephone, FAX, or
online at
http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx.
For reports outside normal working hours, a message may be left and this shall
fulfill the immediate reporting requirement. For emergencies, the Virginia
Department of Emergency Management maintains a 24-hour telephone service at
1-800-468-8892.
J.
Notice of planned changes.
1. The permittee
shall give notice to the department as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only
when:
a. The permittee plans alteration or
addition to any building, structure, facility, or installation from which there
is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of
performance under § 306 of the Clean Water Act which are applicable to
such source; or
(2) After proposal
of standards of performance in accordance with § 306 of the Clean Water
Act which are applicable to such source, but only if the standards are
promulgated in accordance with § 306 within 120 days of their
proposal;
b. The
alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations nor to notification
requirements specified elsewhere in this permit; or
c. The alteration or addition results in a
significant change in the permittee's sludge use or disposal practices, and
such alteration, addition, or change may justify the application of permit
conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land application
plan.
2. The permittee
shall give advance notice to the department of any planned changes in the
permitted facility or activity which may result in noncompliance with permit
requirements.
K.
Signatory requirements.
1. Registration
statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible
corporate officer. For the purpose of this section, a responsible corporate
officer means
(i) a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy-making or
decision-making functions for the corporation; or
(ii) the manager of one or more
manufacturing, production, or operating facilities, provided the manager is
authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
comprehensive measures to assure long-term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for permit registration requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures;
b.
For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
c. For
a municipality, state, federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this section, a
principal executive officer of a public agency includes (i) the chief executive
officer of the agency, or (ii) a senior executive officer having responsibility
for the overall operations of a principal geographic unit of the
agency.
2. Reports, etc.
All reports required by permits, and other information requested by the board
shall be signed by a person described in Part II K 1 or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
a. The authorization is made in
writing by a person described in Part II K 1;
b. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. A duly authorized representative may
thus be either a named individual or any individual occupying a named position;
and
c. The written authorization is
submitted to the department.
3. Changes to authorization. If an
authorization under Part II K 2 is no longer accurate because a different
individual or position has responsibility for the overall operation of the
facility, a new authorization satisfying the requirements of Part II K 2 shall
be submitted to the department prior to or together with any reports, or
information to be signed by an authorized representative.
4. Certification. Any person signing a
document under Part II K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee
shall comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the State Water Control Law and the Clean Water Act,
except that noncompliance with certain provisions of this permit may constitute
a violation of the State Water Control Law but not the Clean Water Act. Permit
noncompliance is grounds for enforcement action; for permit coverage
termination or denial of a permit coverage renewal.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish these
standards even if this permit has not yet been modified to incorporate the
requirement.
M. Duty to
reapply. If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee shall submit a
new registration statement at least 60 days before the expiration date of the
existing permit, unless permission for a later date has been granted by the
board. The board shall not grant permission for registration statements to be
submitted later than the expiration date of the existing permit.
N. Effect of a permit. This permit does not
convey any property rights in either real or personal property or any exclusive
privileges, nor does it authorize any injury to private property or invasion of
personal rights, or any infringement of federal, state or local law or
regulations.
O. State law. Nothing
in this permit shall be construed to preclude the institution of any legal
action under, or relieve the permittee from any responsibilities, liabilities,
or penalties established pursuant to any other state law or regulation or under
authority preserved by § 510 of the Clean Water Act. Except as provided in
permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing
in this permit shall be construed to relieve the permittee from civil and
criminal penalties for noncompliance.
P. Oil and hazardous substance liability.
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties to which the permittee is or may be subject under §§
62.1-44.34:14 through
62.1-44.34:23 of the State Water
Control Law.
Q. Proper operation
and maintenance. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also includes
effective plant performance, adequate funding, adequate staffing, and adequate
laboratory and process controls, including appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems which are installed by the permittee only when
the operation is necessary to achieve compliance with the conditions of this
permit.
R. Disposal of solids or
sludges. Solids, sludges or other pollutants removed in the course of treatment
or management of pollutants shall be disposed of in a manner so as to prevent
any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take
all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of
adversely affecting human health or the environment.
T. Need to halt or reduce activity not a
defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion
of waste streams from any portion of a treatment facility. The permittee may
allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Part II U 2 and
3.
2. Notice.
a. Anticipated bypass. If the permittee knows
in advance of the need for a bypass, prior notice shall be submitted, if
possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall
submit notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may
take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of
life, personal injury, or severe property damage;
(2) There were no feasible alternatives to
the bypass, such as the use of auxiliary treatment facilities, retention of
untreated wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee
submitted notices as required under Part II U 2.
b. The board may approve an anticipated
bypass, after considering its adverse effects, if the board determines that it
will meet the three conditions listed above in Part II U 3 a.
V. Upset.
1. An upset constitutes an affirmative
defense to an action brought for noncompliance with technology based permit
effluent limitations if the requirements of Part II V 2 are met. A
determination made during administrative review of claims that noncompliance
was caused by upset, and before an action for noncompliance, is not a final
administrative action subject to judicial review.
2. A permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee
can identify the causes of the upset;
b. The permitted facility was at the time
being properly operated;
c. The
permittee submitted notice of the upset as required in Part II I; and
d. The permittee complied with any remedial
measures required under Part II S.
3. In any enforcement proceeding the
permittee seeking to establish the occurrence of an upset has the burden of
proof.
W. Inspection and
entry. The permittee shall allow the director, or an authorized representative,
including an authorized contractor acting as a representative of the
administrator, upon presentation of credentials and other documents as may be
required by law, to:
1. Enter upon the
permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this
permit;
2. Have access to and copy,
at reasonable times, any records that must be kept under the conditions of this
permit;
3. Inspect at reasonable
times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for
the purposes of assuring permit compliance or as otherwise authorized by the
Clean Water Act and the State Water Control Law, any substances or parameters
at any location.
For purposes of this section, the time for inspection shall
be deemed reasonable during regular business hours, and whenever the facility
is discharging. Nothing contained herein shall make an inspection unreasonable
during an emergency.
X. Permit actions. Permit coverages may be
terminated for cause. The filing of a request by the permittee for a permit
termination or a notification of planned changes or anticipated noncompliance
does not stay any permit condition.
Y. Transfer of permits.
1. Permits are not transferable to any person
except after notice to the department.
2. Coverage under this permit may be
automatically transferred to a new permittee if:
a. The current permittee notifies the
department within 30 days of the transfer of the title to the facility or
property, unless permission for a later date has been granted by the
board;
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
deny the new permittee coverage under the permit. If this notice is not
received, the transfer is effective on the date specified in the agreement
mentioned in Part II Y 2 b.
Z. Severability. The provisions of this
permit are severable, and if any provision of this permit or the application of
any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this
permit, shall not be affected thereby.