Proposed Text
GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM
(VPDES) GENERAL PERMIT REGULATION FOR SEAFOOD PROCESSING
FACILITIES
9VAC25-115-10. Definitions.
The words and terms used in this chapter shall have the meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the context clearly indicates otherwise. Additionally, for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules of activities, practices, prohibitions of practices, structures, vegetation, maintenance procedures, and other management practices, including both structural and nonstructural practices, to prevent or reduce the discharge of pollutants to surface waters.
"Control measure" means any best management practice or other method, including effluent limitations, used to prevent or reduce the discharge of pollutants to surface waters.
"Corrective action" means any action to (i) repair, modify, or replace any stormwater control used at the facility; (ii) clean up and properly dispose of spills, releases, or other deposits at the facility; or (iii) return to compliance with permit requirements.
"Industrial activity" means the facilities classified under NAICS 311710 and SIC Code 2091 or 2092.
"Minimize" means reduce or eliminate to the extent achievable using control measures, including best management practices, that are technologically available and economically practicable and achievable in light of best industry practice.
"NAICS" means North American Industry Classification System from the U.S. Office of Management and Budget, 2017 edition.
"No exposure" means all industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff.
"Seafood" includes crabs, oysters, hand-shucked clams, scallops, squid, eels, turtles, fish, conchs, and crayfish.
"Seafood processing facility" means any facility classified
under SIC Code 2091, 2092, 5142, or 5146, which that processes or
handles seafood intended for human consumption or as bait, except a mechanized
clam facility. Seafood includes but is not limited to crabs, oysters,
hand-shucked clams, scallops, squid, eels, turtles, fish, conchs and crayfish.,
where the primary purpose is classified under the following NAICS and SIC
codes:
1. NAICS Code 311710 Seafood Product Preparation and Packaging and SIC Code 2091 Canned and Cured Fish and Seafoods, 2092 Prepared Fresh or Frozen Fish and Seafoods;
2. NAICS Code 424420 Packaged Frozen Food Merchant Wholesalers and SIC Code 5142 Packaged Frozen Foods; and
3. NAICS Code 424460 Fish and Seafood Merchant Wholesalers and SIC Code 5146 Fish and Seafoods.
This definition does not include aquaculture facilities (including hatcheries) classified under SIC Code 0272 or 0921 and NAICS Code 112512.
"SIC" means the Standard Industrial Classification Code
or Industrial Grouping from the U.S. Office of Management and Budget
Standard Industrial Classification Manual, 1987 edition.
"Significant materials" includes, but is not
limited to, raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw
materials used in food processing or production (except oyster, clam or scallop
shells); hazardous substances designated under § 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) (42 USC §
9601); any chemical the facility is required to report pursuant to § 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC
§ 11023); fertilizers; pesticides; and waste products such as ashes, slag,
and sludge that have the potential to be released with stormwater discharges.
"Stormwater discharge associated with industrial
activity" means the discharge from any conveyance that is used for
collecting and conveying stormwater and that is directly related to
manufacturing, processing, or raw materials storage areas at an industrial
plant. The term does not include discharges from facilities or activities
excluded from the VPDES program under 9VAC25-31. For the categories of
industries identified in the "industrial activity" definition, the
term includes, but is not limited to, stormwater discharges from
industrial plant yards; immediate access roads and rail lines used or traveled
by carriers of raw materials, manufactured products, waste material, or
byproducts (except for oyster, clam or scallop shells) used or created by the
facility; material handling sites; refuse sites; sites used for the application
or disposal of process wastewaters; sites used for the storage and maintenance
of material handling equipment; sites used for residual treatment, storage, or
disposal; shipping and receiving areas; manufacturing buildings; storage area
(including tank farms) for raw materials and intermediate and finished final
products; and areas where industrial activity has taken place in the past and
significant materials remain and are exposed to stormwater. For the purposes of
this paragraph definition, material handling activities include
the storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, finished final product,
byproduct, or waste product (except for oyster, clam or scallop shells). The
term excludes areas located on plant lands separate from the plant's industrial
activities, such as office buildings and accompanying parking lots, as long as
the drainage from the excluded areas is not mixed with stormwater drained from
the above described areas. Industrial facilities, including industrial
facilities that are federally, state, or municipally owned or operated that
meet the description of the facilities listed in the "industrial activity"
definition, include those facilities designated under the provisions of
9VAC25-31-120 A 1 c or A 7 a (1) or (2) of the VPDES Permit Regulation.
"Total maximum daily load" or "TMDL" means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, and load allocations (LAs) for nonpoint sources or natural background, or both, and must include a margin of safety (MOS) and account for seasonal variations.
"Virginia Environmental Excellence Program" or "VEEP" means a voluntary program established by the department to provide public recognition and regulatory incentives to encourage higher levels of environmental performance for program participants that develop and implement environmental management systems (EMSs). The program is based on the use of EMSs that improve compliance, prevent pollution, and utilize other measures to improve environmental performance.
9VAC25-115-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental
Protection Agency set forth in Title 40 of the Code of Federal Regulations is
referenced or adopted in this chapter and incorporated by reference, that regulation
shall be as it exists and has been published as of July 1, 2015 2020.
9VAC25-115-20. Purpose; delegation of authority; effective date of permit.
A. This general permit regulation governs the discharge of
wastewater from seafood processing facilities and stormwater associated with
industrial activity from seafood processing facilities classified NAICS Code
311710 and as SIC Code Codes 2091 and 2092.
B. The director, or an authorized representative, may perform any act of the board provided under this regulation, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 24, 2016
2021, and will expire on July 23, 2021 June 30, 2026. For
any covered owner, this general permit is effective upon compliance with all
the provisions of 9VAC25-115-30.
9VAC25-115-30. Authorization to discharge.
A. Any owner governed by this general permit is hereby authorized to discharge process wastewater and stormwater as described in 9VAC25-115-20 A to surface waters of the Commonwealth of Virginia provided that:
1. The owner files a registration statement, in accordance with 9VAC25-115-40, and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-115-50; and
4. The owner has not been notified by the board that the discharge is not eligible for coverage under this permit in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is not eligible for coverage under this permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The owner is proposing to discharge annual mass loadings of total nitrogen in excess of 2,300 pounds per year or of total phosphorus in excess of 300 pounds per year;
4. The discharge would violate the antidegradation policy
stated in 9VAC25-260-30 of the Virginia Water Quality Standards; or
5. The discharge is not consistent with the assumptions and requirements of an approved TMDL.
C. Conditional exclusion for no exposure to stormwater. Any owner covered by this permit that becomes eligible for a no exposure exclusion from stormwater permitting under 9VAC25-31-120 E may file a no exposure certification. Upon submission and acceptance by the board of a complete and accurate no exposure certification, the permit requirements for stormwater no longer apply. A no exposure certification must be submitted to the board once every five years.
D. Compliance with this general permit constitutes compliance, for purposes of enforcement, with the federal Clean Water Act §§ 301, 302, 306, 307, 318, 403, and 405 (a) through (b) and the State Water Control Law, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation.
D. E. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the
seafood processing facilities general permit issued in 2011, and who submits a
complete registration statement on or before July 23, 2016, is authorized to
continue to discharge under the terms of the 2011 general permit Permit
coverage shall expire at the end of the applicable permit term. However,
expiring permit coverages are automatically continued if the owner has
submitted a complete registration statement at least 60 days prior to the
expiration date of the permit or a later submittal date established by the
board, which cannot extend beyond the expiration date of the permit. The
permittee is authorized to continue to discharge until such time as the
board either:
a. Issues coverage to the owner under this general permit; or
b. Notifies the owner that the discharge is not eligible for coverage under this general permit.
2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2011
general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the reissued
amended general permit. If the general permit coverage is denied, the
owner would then be required to cease the discharges authorized by coverage
under the 2011 the continued general permit coverage or be
subject to enforcement action for discharging without a permit;
c. Issue an individual permit with appropriate conditions; or
d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).
9VAC25-115-40. Registration statement.
A. Deadlines for submitting registration statement. Any owner
seeking coverage under this general permit shall submit a complete general
VPDES permit registration statement in accordance with this chapter, which shall
serve as a notice of intent for coverage under the general VPDES general
permit regulation for seafood processing facilities.
1. New facilities. Any owner proposing a new discharge shall
submit a complete registration statement to the board at least 30 60
days prior to the date planned for commencement of the discharge.
2. Existing facilities.
a. Any owner of an existing seafood processing facility covered by an individual VPDES permit that is proposing to be covered by this general permit shall submit a complete registration statement at least 240 days prior to the expiration date of the individual VPDES permit or a later submittal established by the board.
b. Any owner that was authorized to discharge under the
general an expiring or expired VPDES general permit for
seafood processing facilities that became effective on July 24, 2011,
and that intends to continue coverage under this general permit shall submit a
complete registration statement to the board on or before June 24, 2016 at
least 60 days prior to the expiration date of the existing permit or a later
submittal established by the board.
c. Any owner of an existing seafood processing facility adding
a new process after coverage under the general permit is obtained shall submit
an amended registration statement to the board at least 30 60
days prior to commencing operation of the new process or a later submittal
established by the board.
3. Late registration statements. Registration statements for
existing facilities covered under subdivision 2 b of this subsection will be
accepted after July 23, 2016 the expiration date of the permit,
but authorization to discharge will not be retroactive. Owners described in
subdivision 2 b of this subsection that submit registration statements after
June 24, 2016, are authorized to discharge under the provisions of
9VAC25-115-30 D if a complete registration statement is submitted before July
24, 2016.
B. The registration statement shall contain the following information:
1. Facility name, owner name, mailing address, email address (where available), and telephone number;
2. Facility street address (if different from mailing address);
3. Facility operator name, mailing address, email address, and telephone number if different than owner;
4. Does the facility discharge to surface waters? Name of receiving stream or streams if yes and, if no, describe the discharge or discharges;
5. Does the facility have a current VPDES Permit? Include the permit number if yes;
6. The original date of construction of the seafood processing facility building and dates and description of all subsequent facility construction;
7. A U.S. Geological Survey (USGS) 7.5 minute topographic map or other equivalent computer generated map with sufficient resolution to clearly show the facility location, the discharge location or locations, and the receiving water body;
8. Facility SIC code or codes;
9. Nature of business at the facility;
10. Discharge outfall information including latitude and longitude, seafood process, receiving stream, discharge flow, and days per year of discharge for each outfall;
11. Facility maximum production information;
12. Facility line (water balance) drawing;
13. Discharge and outfall descriptions for different seafood processes that operate simultaneously;
14. Treatment and solid waste disposal information;
15. Information on use of chemicals at the facility; and
16. State Corporation Commission entity identification number if the facility is required to obtain an entity identification number by law; and
17. The following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."
The registration statement shall be signed in accordance with 9VAC25-31-110 of the VPDES Permit Regulation.
C. The registration statement may shall be
delivered to the department department's regional office where the
seafood processing facility is located by either postal or electronic mail and
shall be submitted to the DEQ regional office serving the area where the
seafood processing facility is located. Following notification from the
department of the start date for the required electronic submission of Notices
of Intent to discharge forms (i.e., registration statements) as provided for in
9VAC25-31-1020, such forms submitted after that date shall be electronically
submitted to the department in compliance with this section and 9VAC25-31-1020.
There shall be at least three months' notice provided between the notification
from the department and the date after which such forms must be submitted
electronically.
9VAC25-115-50. General permit.
Any owner whose registration statement is accepted by the board shall comply with the requirements of the general permit and be subject to all requirements of 9VAC25-31-170 of the VPDES Permit Regulation.
General Permit No.: VAG52
Effective Date: July 24, 2016 2021
Expiration Date: July 23, 2021 June 30, 2026
GENERAL PERMIT FOR SEAFOOD PROCESSING FACILITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant to it, owners of seafood processing facilities, other than mechanized clam processing facilities, are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the
information submitted with the registration statement, this cover page,
Part I-Effluent Limitations and, Monitoring Requirements, and
Special Conditions, and Part II-Stormwater Pollution Prevention Plans, and
Part III-Conditions Applicable to All VPDES Permits, as set forth in this
general permit.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. SEAFOOD PROCESSING NOT LIMITED ELSEWHERE IN PART I. A. SIC 2091, 2092, 5142 AND 5146 SOURCES EXCEPT MECHANIZED CLAM FACILITIES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from seafood processing not otherwise classified from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/YEAR |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/YEAR |
Grab |
TSS |
NL |
NL |
NA |
NA |
NA |
1/YEAR |
Composite |
Oil and Grease |
NL |
NL |
NA |
NA |
NA |
1/YEAR |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/YEAR |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by the end of the calendar year and reported by the 10th of January of the following calendar year on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
2. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 3,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
0.74 |
2.2 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.20 |
0.60 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
3. CONVENTIONAL (HANDPICKED) BLUE CRAB PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
0.15 |
0.30 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
0.45 |
0.90 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.065 |
0.13 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
4. MECHANIZED BLUE CRAB PROCESSINGALL EXISTING SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
12 |
36 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
4.2 |
13 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
5. MECHANIZED BLUE CRAB PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized blue crab processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
2.5 |
5.0 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
6.3 |
13 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
1.3 |
2.6 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
6. NON-BREADED SHRIMP PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 2,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
38 |
110 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
12 |
36 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
7. NON-BREADED SHRIMP PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from non-breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
25 |
63 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
10 |
25 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
1.6 |
4.0 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
8. BREADED SHRIMP PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 2,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
93 |
280 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
12 |
36 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
9. BREADED SHRIMP PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from breaded shrimp processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
40 |
100 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
22 |
55 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
1.5 |
3.8 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
10. TUNA PROCESSINGALL EXISTING SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
3.3 |
8.3 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.84 |
2.1 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
11. TUNA PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from tuna processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
8.1 |
20 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
3.0 |
7.5 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.76 |
1.9 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
12. CONVENTIONAL BOTTOM FISH PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 4,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
2.0 |
3.6 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.55 |
1.0 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
13. CONVENTIONAL BOTTOM FISH PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from conventional bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
0.71 |
1.2 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
0.73 |
1.5 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.042 |
0.077 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
14. MECHANIZED BOTTOM FISH PROCESSINGALL EXISTING SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
12 |
22 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
3.9 |
9.9 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
15. MECHANIZED BOTTOM FISH PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized bottom fish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
7.5 |
13 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
2.9 |
5.3 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.47 |
1.2 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
16. HAND-SHUCKED CLAM PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 4,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
18 |
59 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.23 |
0.60 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
17. HAND-SHUCKED CLAM PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked clam processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
17 |
55 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.21 |
0.56 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
18. HAND-SHUCKED OYSTER PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 1,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
16 |
23 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.77 |
1.1 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Raw material = The weight of oyster meat after shucking.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
19. HAND-SHUCKED OYSTER PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from hand-shucked oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
16 |
23 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.77 |
1.1 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
20. STEAMED AND CANNED OYSTER PROCESSINGALL EXISTING SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
190 |
270 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
1.7 |
2.3 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
21. STEAMED AND CANNED OYSTER PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from mechanized oyster processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
17 |
67 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
39 |
56 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.42 |
0.84 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
22. SCALLOP PROCESSINGALL EXISTING SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
1.4 |
5.7 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.23 |
7.3 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
23. SCALLOP PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from scallop processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
1.4 |
5.7 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.23 |
7.3 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
24. FARM-RAISED CATFISH PROCESSINGEXISTING SOURCES PROCESSING MORE THAN 3,000 POUNDS OF RAW MATERIAL PER DAY ON ANY DAY
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
9.2 |
28 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
3.4 |
10 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
25. FARM-RAISED CATFISH PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from farm-raised catfish processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
2.3 |
4.6 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
5.7 |
11 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
0.45 |
0.90 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
26. HERRING PROCESSINGALL
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
TSS |
NL |
NL |
24 |
32 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
10 |
27 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
Part I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
27. HERRING PROCESSINGALL NEW SOURCES
During the period beginning with the permittee's coverage under this general permit and lasting until the permit's expiration date, the permittee is authorized to discharge wastewater from herring processing, from outfall(s) __________.
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT CHARACTERISTICS |
MONITORING REQUIREMENTS kg/day |
DISCHARGE LIMITATIONS kg/kkg |
Sample Frequency |
Sample Type |
|||
Monthly Avg |
Daily Max |
Monthly Avg |
Daily Max |
Daily Min |
|||
Flow (MGD) |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Estimate |
pH (S.U.) |
NA |
NA |
NA |
9.0 |
6.0 |
1/3 Months |
Grab |
BOD5 |
NL |
NL |
15 |
16 |
NA |
1/3 Months |
Composite |
TSS |
NL |
NL |
5.2 |
7.0 |
NA |
1/3 Months |
Composite |
Oil and Grease |
NL |
NL |
1.1 |
2.9 |
NA |
1/3 Months |
Grab |
Production |
NA |
NL |
NA |
NA |
NA |
1/3 Months |
Measurement |
NL = No limitation, monitoring required.
NA = Not applicable.
Grab = Individual grab sample is to be taken in the middle of a composite sampling period.
Composite = Hourly grab samples taken over the duration of a processing cycle (including cleanup) combined to form one representative sample, not to exceed eight grab samples.
Production = See Special Condition No. 5 (Part I B 5).
Samples shall be collected by March 31, June 30, September 30, and December 31 and reported by the 10th of the following month on the facility's Discharge Monitoring Report (DMR). All calculations shall be submitted with the DMR.
B. SPECIAL CONDITIONS APPLYING TO PART I A 1 THROUGH PART I A 27.
1. No sewage shall be discharged from a point source to surface waters at this facility except under the provisions of another VPDES permit specifically issued for that purpose.
2. There shall be no chemicals added to the water or waste to be discharged, other than those listed on the owner's accepted registration statement.
3. Wastewater should be reused or recycled to the maximum extent practicable.
4. The permittee shall comply with the following solids management plan:
a. There shall be no discharge of floating solids or visible foam in other than trace amounts.
b. All floors, machinery, conveyor belts, dock areas, etc. shall be dry swept or dry brushed prior to washdown.
c. All settling basins shall be cleaned frequently in order to achieve effective settling.
d. All solids resulting from the seafood processes covered under this general permit, other than oyster, clam, or scallop shells, shall be handled, stored, and disposed of so as to prevent a discharge to state waters of such solids or industrial wastes or other wastes from those solids.
e. The permittee shall install and properly maintain wastewater treatment necessary in order to remove organic solids present in the wastewater that may settle and accumulate on the substrate of the receiving waters in other than trace amounts.
f. All employees shall receive training relative to preventive measures to be taken to control the release of solids from the facility into surface waters.
5. Production to be reported and used in calculating effluent discharge levels in terms of kg/kkg shall be the weight in kilograms of raw material processed, in the form in which it is received at the processing plant, on the day of effluent sampling, except for the hand-shucked oyster, steamed and canned oyster, and scallop processing subcategories, for which production shall mean the weight of oyster or scallop meat after processing. The effluent levels in terms of kg/kkg shall be calculated by dividing the measured pollutant load in kg/day by the production level in kkg (thousands of kilograms).
6. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur that would result in the discharge on a routine or frequent basis of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l) of the toxic pollutant;
(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur that would result in any discharge on a nonroutine or infrequent basis of a toxic pollutant that is not limited in the permit if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l) of the toxic pollutant;
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
7. Compliance reporting and recordkeeping under Part I A.
a. The quantification levels (QL) shall be less than or equal to the following concentrations:
|
Effluent Parameter |
Quantification Level |
|
BOD |
2 mg/l |
|
TSS |
1.0 mg/l |
|
Oil and Grease |
5.0 mg/l |
The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.
b. Recording results. Any concentration below the QL used in the analysis shall be recorded as "<QL" if it is less than the QL used in the analysis (the QL must be less than or equal to the QL in subdivision 7 a of this subsection. Otherwise the numerical value shall be recorded.
c. Monitoring results shall be recorded using the same number of significant digits as listed in the permit. Regardless of the rounding conventions used by the permittee (e.g., 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 water quality standards in 9VAC25-260.
9. If a new process is added after coverage under the general
permit is obtained, an amended registration statement must be submitted at least
30 60 days prior to commencing operation of the new process or
a later submittal approved by the board.
10. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater or stormwater associated with the industrial activity;
(2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted;
(3) All discharges associated with this facility have been covered by an individual VPDES permit or an alternative VPDES permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility, and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by an individual VPDES permit or an alternative VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).
(5) The following certification: "I certify under penalty of law that all wastewater and stormwater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge seafood processing wastewater or, for facilities classified as SIC Code 2091 or 2092, stormwater associated with industrial activity in accordance with the general permit, and that discharging pollutants to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act."
C. c. The notice of termination shall be
submitted to the department and signed in accordance with Part III K.
Part II
Stormwater Pollution Prevention Plans Stormwater Management
A stormwater pollution prevention plan (SWPPP) shall be
developed for each facility covered by this permit, The following stormwater
management requirements apply only to seafood processors classified as Standard
Industrial Classifications (SIC) Codes 2091 and 2092.
A. Monitoring and inspections.
1. Quarterly visual monitoring of stormwater quality. The permittee shall perform and document visual monitoring of stormwater discharges associated with industrial activity from each outfall, except discharges waived in subdivision d of this subsection. The visual monitoring must be made during normal working hours, at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December.
a. Samples will be in clean, colorless glass or plastic containers and examined in a well-lit area;
b. Samples will be collected within the first 30 minutes (or as soon thereafter as practical, but not to exceed three hours, provided that the permittee explains in the stormwater pollution prevention plan (SWPPP) why an examination during the first 30 minutes was impractical) of when the runoff or snowmelt begins discharging. All such samples shall be collected from the discharge resulting from a storm event that results in an actual discharge from the site (defined as a "measurable storm event") providing the interval from the preceding measurable storm event is at least 72 hours. The required 72-hour storm event interval is waived where the preceding measurable storm event did not result in a measurable discharge from the facility. The 72-hour storm event interval may also be waived where the permittee documents that less than a 72-hour interval is representative for local storm events during the season when sampling is being conducted.
c. The examination shall observe color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution.
d. If no qualifying storm event resulted in discharge from the facility during a monitoring period, or adverse weather conditions create dangerous conditions for personnel during each measurable storm event during a monitoring period, visual monitoring is exempted provided this is documented in the SWPPP. Acceptable documentation includes dates and times the outfalls were viewed or sampling was attempted, national Climatic Data Center weather station data, local weather station data, facility rainfall logs, and other appropriate supporting data.
e. Representative outfalls substantially identical stormwater discharges. If the facility has two or more outfalls that discharge substantially identical stormwater effluents, based on similarities of the industrial activities, significant materials, size of drainage areas, frequency of discharges, and stormwater management practices occurring within the drainage areas of the outfalls, the permittee may conduct quarterly visual monitoring on the stormwater discharges of just one representative outfall.
f. Visual monitoring reports shall be maintained on-site with the SWPPP. The report shall include:
(1) Outfall location;
(2) Monitoring date and time;
(3) Duration of storm event;
(4) Rainfall measurement or estimate (in inches) of the storm event that generated the discharge;
(5) Duration between the storm event sampled and the end of the previous measurable storm event;
(6) Monitoring personnel;
(7) Nature of the discharge (i.e., runoff or snow melt);
(8) Visual quality of the stormwater discharge, including observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution;
(9) Probable sources of any observed stormwater contamination;
(10) Why it was not possible to take the sample within the first 30 minutes (if applicable); and
(11) Documentation to support substantially identical outfalls (if applicable) required by Part II A 1 e.
g. Corrective action. Whenever the visual monitoring shows evidence of stormwater pollution, the SWPPP and stormwater control measures shall be updated per Part II B.
2. Routine facility inspections. Personnel who possess the knowledge and skills to assess conditions and activities that could impact stormwater quality at the facility and who can also evaluate the effectiveness of control measures shall regularly inspect all areas of the facility where industrial materials or activities are exposed to stormwater.
a. Inspections include loading and unloading areas, storage areas, including associated containment areas, waste management units, vents and stacks emanating from industrial activities, spoiled product and broken product container hold areas, animal holding pens, staging areas, air pollution control equipment, areas where spills or leaks have occurred in the past three years, discharge points, and control measures.
b. At least one member of the pollution prevention team shall participate in the routine facility inspections.
c. The inspection frequency shall be specified in the SWPPP based upon a consideration of the level of industrial activity at the facility but shall be at a minimum of once per calendar quarter unless written approval is received from the department for less frequent intervals. Inspections shall be performed during operating hours. At least once each calendar year, the routine facility inspection shall be conducted during a period when a stormwater discharge is occurring.
d. Any deficiencies in the implementation of the SWPPP that are found shall be corrected as soon as practicable, but not later than within 60 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections shall be documented in the SWPPP and shall include at a minimum:
(1) The inspection date;
(2) The names of the inspectors;
(3) Weather information and a description of any discharges occurring at the time of the inspection;
(4) Any previously unidentified discharges of pollutants from the site;
(5) Any control measures needing maintenance or repairs;
(6) Any failed control measures that need replacement;
(7) Any incidents of noncompliance observed; and
(8) Any additional control measures needed to comply with the permit requirements.
e. Corrective action. Whenever the routine inspection shows evidence of stormwater pollution, the SWPPP and stormwater control measures shall be updated per Part II B.
f. The requirement for routine facility inspections is waived for facilities that have maintained an active VEEP E3/E4 status.
3. Nonstormwater discharges.
a. Allowable nonstormwater discharges. Discharges of certain sources of nonstormwater listed in Part II A 3 c are allowable discharges under this permit. All other nonstormwater discharges are not authorized and shall be either eliminated, covered under this permit, or covered under a separate VPDES permit.
b. Annual outfall inspection for unauthorized discharges. The SWPPP shall include documentation that all stormwater outfalls associated with industrial activity have been evaluated annually for the presence of unauthorized discharges. The documentation shall include:
(1) The date of the evaluation;
(2) A description of the evaluation criteria used;
(3) A list of the outfalls or on-site drainage points that were directly observed during the evaluation;
(4) A description of the results of the evaluation for the presence of unauthorized discharges; and
(5) The actions taken to eliminate unauthorized discharges if any were identified.
c. The following nonstormwater discharges are authorized by this permit:
(1) Discharges from emergency firefighting activities;
(2) Fire hydrant flushing, managed in a manner to avoid an instream impact;
(3) Potable water, including water line flushing, managed in a manner to avoid an instream impact;
(4) Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;
(5) Irrigation drainage;
(6) Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling;
(7) Pavement wash waters where no detergents or hazardous cleaning products are used and no spills or leaks of toxic or hazardous materials have occurred, unless all spilled material has been removed. Pavement wash waters shall be managed in a manner to avoid an instream impact;
(8) Routine external building washdown that does not use detergents or hazardous cleaning products;
(9) Uncontaminated groundwater or spring water;
(10) Foundation or footing drains where flows are not contaminated with process materials; and
(11) Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdown or drains).
B. Corrective actions. The permittee shall take corrective action whenever:
1. Routine facility inspections, visual monitoring, inspections by local, state, or federal officials, or any other process, observation, or event result in a determination that modifications to the stormwater control measures are necessary to meet the permit requirements;
2. The department determines, or the permittee becomes aware, that the stormwater control measures are not stringent enough for the discharge to meet applicable water quality standards.
3. The permittee shall review the SWPPP and modify it as necessary to address any deficiencies. Revisions to the SWPPP shall be completed within 60 days following the discovery of the deficiency. When control measures need to be modified or added, implementation shall be completed before the next anticipated storm event if possible, but no later than 60 days after the deficiency is discovered, or as otherwise provided or approved by the department. In cases where construction is necessary to implement control measures, the permittee shall include a schedule in the SWPPP that provides for the completion of the control measures as expeditiously as practicable, but no later than three years after the deficiency is discovered. Where a construction compliance schedule is included in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary controls to be implemented in the affected portion of the facility prior to completion of the permanent control measure. The amount of time taken to modify a control measure or implement additional control measures shall be documented in the SWPPP.
4. Any corrective actions taken shall be documented and retained with the SWPPP. Reports of corrective actions shall be signed in accordance with Part III K.
C. Stormwater pollution prevention plans (SWPPPs). An SWPPP shall be developed and implemented for the facility covered by this permit, which has stormwater discharges associated with industrial activity and is classified under SIC Code 2091 or 2092. The SWPPP is intended to document the selection, design, and installation of control measures, including BMPs, to minimize the pollutants in all stormwater discharges from the facility and to meet applicable effluent limitations and water quality standards.
The SWPPP shall be prepared in accordance with good
engineering practices and shall identify potential sources of pollution that
may reasonably be expected to affect the quality of stormwater discharges from
the facility. In addition, the plan shall describe and ensure the
implementation of practices that will be used to reduce the pollutants in
stormwater discharges from the facility and shall assure compliance with the
terms and conditions of this permit. Permittees must implement the provisions
of the SWPPP as a condition of this permit.
The SWPPP requirements of this general permit may be fulfilled,
in part, by incorporating by reference other plans or documents such as an
erosion and sediment control (ESC) plan, a spill prevention control and
countermeasure (SPCC) plan developed for the facility under § 311 of the Clean
Water Act or best management practices (BMP) programs otherwise required for
the facility provided that the incorporated plan meets or exceeds the plan
requirements of this section. Part II C 2 (Contents of the SWPPP).
If an ESC plan is being incorporated by reference, it shall have been approved
by the locality in which the activity is to occur or by another appropriate
plan approving authority authorized under the Erosion and Sediment Control
Regulations, 9VAC25-840. All plans incorporated by reference into the SWPPP
become enforceable under this permit. If a plan incorporated by reference
does not contain all of the required elements of the SWPPP of Part III C 2, the
permittee shall develop the missing SWPPP elements and include them in the
required plan.
A. 1. Deadlines for plan SWPPP
preparation and compliance.
1. Facilities that were covered under the 2011 Seafood
Processing Facilities General Permit. a. Owners of facilities that
were covered under the 2011 2016 Seafood Processing Facilities
General Permit who are continuing coverage under this general permit shall
update and implement any revisions to the SWPPP required by this part
within 60 days of the board granting coverage under this permit.
2. New facilities, facilities previously covered by an
expiring individual permit, and existing facilities not currently covered by a
VPDES permit. b. Owners of new facilities, facilities previously
covered by an expiring individual permit, and existing facilities not currently
covered by a VPDES permit that elect to be covered under this general permit must
shall prepare and implement the SWPPP within 60 days of the board
granting coverage under this permit.
3. New owners of existing facilities. c. Where
the owner of an existing facility that is covered by this permit changes, the
new owner of the facility must update and implement any revisions to the SWPPP
within 60 days of the transfer of title of the facility ownership
change.
4. Extensions. d. Upon a showing of good cause,
the director may establish a later date in writing for preparation of and
compliance with the SWPPP.
B. 2. Contents of the SWPPP. The contents of
the SWPPP shall include, at a minimum, the following items:
1. a. Pollution prevention team. The SWPPP shall
identify the staff individuals by name or title who comprise the facility's
stormwater pollution prevention team. The pollution prevention team is
responsible for assisting the facility or plant manager in developing, implementing,
maintaining, revising, and maintaining ensuring compliance with
the facility's SWPPP. Specific responsibilities of each staff individual on the
team shall be identified and listed.
2. b. Site description. The SWPPP shall include
the following:
a. Activities at the facility. (1) A description
of the nature of the industrial activities at the facility.
b. General location map. A general location map (e.g., USGS
quadrangle or other map) with enough detail to identify the location of the facility
and the receiving waters within one mile of the facility.
c. (2) Site map. A site map identifying the
following:
(1) The size of the property (in acres) (a) The
boundaries of the property and the size of the property in acres;
(2) (b) The location and extent of significant
structures and impervious surfaces (roofs, paved areas, and any other
impervious areas);
(3) (c) Locations of all stormwater conveyances,
including ditches, pipes, swales, and inlets, and the directions of stormwater
flow (e.g., use arrows to show which ways stormwater will flow),
using arrows to indicate which direction stormwater will flow;
(4) (d) Locations of all existing structural
and source control BMPs stormwater control measures, including BMPs;
(5) (e) Locations of all surface water
bodies receiving discharges from the site, including wetlands;
(6) (f) Locations of identified potential
pollutant sources identified in Part II C 2 c;
(7) (g) Locations where significant spills or
leaks identified under Part II C 2 c (3) have occurred;
(8) Locations of the following activities where such
activities are exposed to precipitation: fueling stations; vehicle and
equipment maintenance or cleaning areas; loading or unloading areas; locations
used for the treatment, storage or disposal of wastes; liquid storage tanks;
processing and storage areas; access roads, rail cars and tracks; transfer
areas for substances in bulk; and machinery; (9) (h) Locations of
stormwater outfalls and, monitoring locations, an approximate
outline of the area draining to each outfall, and the drainage area
of each outfall in acres, the longitude and latitude of each outfall, the
location of any municipal separate storm sewer systems (MS4s), if the
stormwater from the facility discharges to them; system (MS4) conveyance
receiving discharge from the facility, and each outfall identified with a
unique numerical identification codes. For example: Outfall Number 001, Outfall
Number 002, etc.;
(10) (i) Location and description of all
nonstormwater discharges;
(11) (j) Location of any storage piles
containing salt used for deicing or other commercial or industrial purposes;
and;
(12) (k) Location and source of runon suspected
run-on to the site from an adjacent property, where the runon
contains property if the run-on is suspected of containing
significant quantities of pollutants; and
(l) Locations of vents and stacks from cooking, drying, and similar operations; dry product vacuum transfer lines; animal holding pens; spoiled product; and broken product container storage area if exposed to precipitation or runoff.
d. Receiving waters and wetlands. The name of all surface
waters receiving discharges from the site, including intermittent streams. A
description of wetland sites that may receive discharges from the facility
shall also be provided. If the facility discharges through an MS4, the MS4
operator and the receiving water to which the MS4 discharges shall also be
identified.
3. c. Summary of potential pollutant sources.
The SWPPP shall identify each separate area at the facility where industrial
materials or activities are exposed to stormwater. Industrial materials or
activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, industrial production and
processes, intermediate products, byproducts, final products, and waste
products, and application and storage of pest control chemicals used on
facility grounds. Material handling activities include, but are not
limited to, the storage, loading and unloading, transportation, disposal,
or conveyance of any raw material, intermediate product, final product or waste
product. For each separate area identified, the description shall include:
a. (1) Activities in area. A list of the industrial
activities (e.g., material storage, equipment fueling and cleaning, cutting
steel beams); exposed to stormwater;
b. (2) Pollutants. A list of the associated
pollutant(s) or pollutant parameter(s) (e.g., crankcase oil, zinc, sulfuric
acid, cleaning solvents, etc.) for each activity pollutants, pollutant
constituents, or industrial chemicals associated with each industrial activity
that could potentially be exposed to stormwater. The pollutant list shall
include all significant materials handled, treated, stored, or disposed that
have been exposed to stormwater in the three years prior to the date the SWPPP
was prepared or amended. The list shall include any hazardous substance substances
or oil at the facility.
4. (3) Spills and leaks. The SWPPP shall clearly
identify areas where potential spills and leaks that can contribute pollutants
to stormwater discharges can occur and their corresponding outfalls. The SWPPP
shall include a list of significant spills and leaks of toxic or hazardous
pollutants that actually occurred at exposed areas, or that drained to a
stormwater conveyance during the three-year period prior to the date this SWPPP
was prepared or amended. The list shall be updated within 60 days of the
incident if significant spills or leaks occur in exposed areas of the
facility during the term of the permit. Significant spills and leaks
include, but are not limited to, releases of oil or hazardous substances in
excess of reportable quantities.
5. Stormwater controls.
a. BMPs d. Control measure considerations. Control
measures shall be implemented for all the areas identified in Part II B
3 C 2 c (Summary of potential pollutant sources) to prevent or
control pollutants in stormwater discharges from the facility. If applicable, steps
shall be taken to control or address the quality of discharges from the site
that do not originate at the facility. regulated stormwater discharges
from the facility include stormwater run-on that commingles with stormwater
discharges associated with industrial activity at the facility. The SWPPP
shall describe the type, location, and implementation of all BMPs control
measures for each area where industrial materials or activities are exposed
to stormwater. Selection of BMPs control measures shall take into
consideration:
(1) That preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;
(2) BMPs Control measures generally must be used
in combination with each other for most effective water quality protection;
(3) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures;
(4) That minimizing impervious areas at the facility can reduce runoff and improve groundwater recharge and stream base flows in local streams (however, care must be taken to avoid groundwater contamination);
(5) Flow attenuation by use of open vegetated swales and natural
depressions can reduce in-stream instream impacts of erosive
flows;
(6) Conservation or restoration of riparian buffers will help protect streams from stormwater runoff and improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
b. e. Control measures. The permittee shall
implement the following types of BMPs control measures to prevent
and control pollutants in the stormwater discharges from the facility, unless
it can be demonstrated and documented that such controls are not relevant to
the discharges (e.g., there are no storage piles containing salt).
(1) Good housekeeping. The permittee shall keep clean all
exposed areas of the facility that are potential sources of pollutants to
stormwater discharges. Typical problem areas include areas around trash
containers, storage areas, loading docks, and vehicle fueling and maintenance
areas. The SWPPP shall include a schedule for regular pickup and disposal of
waste materials, along with routine inspections for leaks and of the conditions
of drums, tanks, and containers. The introduction of raw, final or waste
materials to exposed areas of the facility shall be minimized. The generation
of dust, along with off-site vehicle tracking of raw, final or waste materials,
or sediments, shall be minimized. The permittee shall perform the
following good housekeeping measures to minimize pollutant discharges:
(a) The SWPPP shall include a schedule for regular pickup and disposal of waste materials along with routine inspections for leaks and conditions of drums, tanks, and containers;
(b) Sweep or vacuum as feasible;
(c) Store materials in containers constructed of appropriate materials;
(d) Manage all waste containers to prevent a discharge of pollutants;
(e) Minimize the potential for waste, garbage, and floatable debris to be discharged by keeping areas exposed to stormwater free of such materials or by intercepting such materials prior to discharge; and
(f) Implement BMPs to eliminate stormwater discharges of plastics.
(2) Eliminating and minimizing exposure. To the maximum
extent practicable, industrial materials and activities manufacturing,
processing, and material storage areas, including loading and unloading,
storage, disposal, cleaning, maintenance, and fueling operations, shall be
located inside, or protected by a storm-resistant covering to prevent exposure
to rain, snow, snowmelt, and runoff. Unless infeasible, facilities shall
implement the following:
(a) Use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from potential sources of pollutants;
(b) Locate materials, equipment, and activities so that potential leaks and spills are contained, or able to be contained, or diverted before discharge;
(c) Clean up spills and leaks immediately, upon discovery of the spills or leaks, using dry methods (e.g., absorbents) to prevent the discharge of pollutants;
(d) Store leaking vehicles and equipment indoors, or if stored outdoors, use drip pans and adsorbents;
(e) Utilize appropriate spill or overflow protections equipment;
(f) Perform all vehicle maintenance or equipment cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also capture any overspray; and
(g) Drain fluids from equipment and vehicles that will be decommissioned, and for any equipment and vehicles that remain unused for extended periods of time, inspect at least monthly for leaks.
(3) Preventive maintenance. The permittee shall have a
preventive maintenance program that includes regular inspection, testing, SWPPP
shall include preventive maintenance that includes a description of procedures
and a regular schedule for inspection of the following:
(a) All control measures that includes a description of the back-up practices that are in place should a runoff event occur while a control measure is off line; and
(b) Testing, maintenance, and repairing of all
industrial equipment and systems to avoid breakdowns or failures situations
that could result in leaks, spills, and other releases. This program is in
addition to the specific BMP maintenance required under Part II C (Maintenance
of BMPs) of the permit of pollutants in stormwater discharged from the
facility.
(4) Spill prevention and response procedures. The SWPPP shall
describe the procedures that will be followed for preventing and responding to
spills and leaks., including:
(a) Preventive measures include, such as
barriers between material storage and traffic areas, secondary containment
provisions, and procedures for material storage and handling.;
(b) Response procedures shall include (i), including
notification of appropriate facility personnel, emergency agencies, and
regulatory agencies; and (ii) procedures for stopping,
containing, and cleaning up spills. Measures for cleaning up hazardous material
spills or leaks shall be consistent with applicable RCRA the Resource
Conservation and Recovery Act regulations at 40 CFR Part 264 and 40 CFR
Part 265. Employees who may cause, detect, or respond to a spill or leak shall
be trained in these procedures and have necessary spill response equipment
available. One If possible, one of these individuals shall be a
member of the pollution prevention team.;
(c) Procedures for plainly labeling containers (e.g., "used oil," "spent solvents," and "fertilizers and pesticides") that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur; and
(c) (d) Contact information for individuals and
agencies that must be notified in the event of a spill shall be included in the
SWPPP and maintained in other locations where it will be readily available.
(5) Routine facility inspections. Facility personnel who
possess the knowledge and skills to assess conditions and activities that could
impact stormwater quality at the facility, and who can also evaluate the
effectiveness of BMPs shall regularly inspect all areas of the facility where
industrial materials or activities are exposed to stormwater. These inspections
are in addition to, or as part of, the comprehensive site evaluation required
under Part II D. At least one member of the pollution prevention team shall
participate in the routine facility inspections. The inspection frequency shall
be specified in the SWPPP and be based upon a consideration of the level of
industrial activity at the facility, but shall be a minimum of quarterly unless
more frequent intervals are specified elsewhere in the permit or written
approval is received from the department for less frequent intervals. Any
deficiencies in the implementation of the SWPPP that are found shall be
corrected as soon as practicable, but not later than within 30 days of the
inspection, unless permission for a later date is granted in writing by the
director. The results of the inspections shall be documented in the SWPPP,
along with the date(s) and description(s) of any corrective actions that were
taken in response to any deficiencies or opportunities for improvement that
were identified.
(6) (5) Employee training. The permittee shall
implement a stormwater employee training program for the facility. The SWPPP
shall include a schedule for all training and shall document all training
sessions and the employees who received the training. Training shall be
provided at least annually for all employees who work in areas where
industrial materials or activities are exposed to stormwater, and for employees
who are responsible for implementing activities identified in the SWPPP (e.g.,
inspectors and maintenance personnel). The training shall cover the components
and goals of the SWPPP and include such topics as spill response, good
housekeeping, material management practices, BMP operation and maintenance,
etc. and pest control. The SWPPP shall include a summary of any
training performed.
(7) (6) Sediment and erosion control. The SWPPP
shall identify areas at the facility that, due to topography, land disturbance
(e.g., construction, landscaping, site grading), or other factors, have a
potential for soil erosion. The permittee shall identify and implement
structural, vegetative, or stabilization BMPs control measures to
prevent or control on-site and off-site erosion and sedimentation. Flow
velocity dissipation devices shall be placed at discharge locations and along
the length of any outfall channel if the flows would otherwise create erosive
conditions.
(8) (7) Management of runoff. The plan shall describe
the stormwater runoff management practices (i.e., permanent structural BMPs)
control measures) for the facility. These types of BMPs are typically
control measures shall be used to divert, infiltrate, reuse, or
otherwise reduce pollutants in stormwater discharges from the site.
Structural BMPs control measures may require a
separate permit under § 404 of the federal Clean Water Act and the
Virginia Water Protection Permit Program Regulation (9VAC25-210) before
installation begins.
C. Maintenance. All BMPs identified in the SWPPP shall be
maintained in effective operating condition. Stormwater BMPs identified in the
SWPPP shall be observed during active operation (i.e., during a stormwater
runoff event) to ensure that they are functioning correctly. The observations
shall be documented in the SWPPP.
The SWPPP shall include a description of procedures and a
regular schedule for preventive maintenance of all BMPs and shall include a
description of the back-up practices that are in place should a runoff event
occur while a BMP is off line. The effectiveness of nonstructural BMPs shall
also be maintained (e.g., spill response supplies available and personnel
trained).
If site inspections required by Part II B 5 b (5) (Routine
facility inspections) or Part II D (Comprehensive site compliance evaluation)
identify BMPs that are not operating effectively, repairs or maintenance shall
be performed before the next anticipated storm event. In the interim, back-up
measures shall be employed and documented in the SWPPP until repairs or
maintenance is complete. Documentation shall be kept with the SWPPP of
maintenance and repairs of BMPs, including the date or dates of regular
maintenance, date or dates of discovery of areas in need of repair or
replacement, and for repairs, date or dates that the BMPs returned to full
function, and the justification for any extended maintenance or repair
schedules.
D. Comprehensive site compliance evaluation. The permittee
shall conduct comprehensive site compliance evaluations at least once a year.
The evaluations shall be done by qualified personnel who possess the knowledge
and skills to assess conditions and activities that could impact stormwater
quality at the facility, and who can also evaluate the effectiveness of BMPs.
The personnel conducting the evaluations may be either facility employees or
outside constituents hired by the facility.
1. Scope of the compliance evaluation. Evaluations shall
include all areas where industrial materials or activities are exposed to
stormwater, as identified in Part II B 3. The personnel shall evaluate:
a. Industrial materials, residue or trash that may have or
could come into contact with stormwater;
b. Leaks or spills from industrial equipment, drums,
barrels, tanks or other containers that have occurred within the past three
years;
c. Off-site tracking of industrial or waste materials or
sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials
from areas of no exposure to exposed areas;
e. Evidence of, or the potential for, pollutants entering
the drainage system;
f. Evidence of pollutants discharging to surface waters at
all facility outfalls, and the condition of and around the outfall, including
flow dissipation measures to prevent scouring;
g. Review of training performed, inspections completed,
maintenance performed, quarterly visual examinations, and effective operation
of BMPs; and
h. Review of the results of both visual and any analytical
monitoring done during the past year.
2. Based on the results of the evaluation, the SWPPP shall
be modified as necessary (e.g., show additional controls on the map required by
Part II B 2 c; revise the description of controls required by Part II B 5 to
include additional or modified BMPs designed to correct problems identified).
Revisions to the SWPPP shall be completed within 30 days following the
evaluation, unless permission for a later date is granted in writing by the
director. If existing BMPs need to be modified or if additional BMPs are
necessary, implementation shall be completed before the next anticipated storm
event, if practicable, but not more than 60 days after completion of the
comprehensive site evaluation, unless permission for a later date is granted in
writing by the department.
3. Compliance evaluation report. A report shall be written
summarizing the scope of the evaluation, the name or names of personnel making
the evaluation, the date or dates of the evaluation, and all observations
relating to the implementation of the SWPPP, including elements stipulated in
Part II D 1 (a) through (f) of this general permit. Observations shall include
such things as: the location or locations of discharges of pollutants from the
site; the location or locations of previously unidentified sources of
pollutants; the location or locations of BMPs that need to be maintained or
repaired; the location or locations of failed BMPs that need replacement; and
location or locations where additional BMPs are needed. The report shall
identify any incidents of noncompliance that were observed. Where a report does
not identify any incidents of noncompliance, the report shall contain a
certification that the facility is in compliance with the SWPPP and this
permit. The report shall be signed in accordance with Part III K and maintained
with the SWPPP.
4. Where compliance evaluation schedules overlap with
routine inspections required under Part II B 5 b (5), the annual compliance
evaluation may be used as one of the routine inspections.
E. 3. Signature and plan SWPPP
review.
1. Signature/location. a. Signature and location.
The SWPPP, including revisions to the SWPPP to document any corrective
actions taken as required by Part II B, shall be signed in accordance with
Part III K, dated, and retained on-site at the facility covered by this permit.
All other changes to the SWPPP, and other permit compliance
documentation, must be signed and dated by the person preparing the change or
documentation.
2. b. Availability. The permittee shall make
the SWPPP, annual site compliance evaluation report, and other information
available to the department retain a copy of the current SWPPP required
by this permit at the facility, and it shall be immediately available to the
department, EPA, or the operator of an MS4 receiving discharges from the site
at the time of an on-site inspection or upon request.
3. c. Required modifications. The permittee
shall modify the SWPPP whenever necessary to address all corrective actions
required by Part II B. Changes to the SWPPP shall be made in accordance with
the corrective action deadlines in Part II B and shall be signed and dated in
accordance with Part III K. The director may notify the permittee at any
time that the SWPPP, BMPs control measures, or other components
of the facility's stormwater program do not meet one or more of the
requirements of this permit. The notification shall identify specific
provisions of the permit that are not being met and may include required
modifications to the stormwater program, additional monitoring requirements,
and special reporting requirements. The permittee shall make any required
changes to the SWPPP within 60 days of receipt of such notification, unless
permission for a later date is granted in writing by the director, and shall
submit a written certification to the director that the requested changes have
been made.
F. 4. Maintaining an updated SWPPP. 1. The
permittee shall review and amend the SWPPP as appropriate whenever:
a. There is construction or a change in design, operation, or
maintenance at the facility that has an effect on the discharge, or the
potential for the discharge, of pollutants from the facility sufficient to
impact water quality;
b. Routine inspections or compliance evaluations visual
monitoring determine that there are deficiencies in the control
measures, including BMPs;
c. Inspections by local, state, or federal officials determine that modifications to the SWPPP are necessary;
d. There is a significant spill, leak or other release at the facility; or
e. There is an unauthorized discharge from the facility.
2. f. SWPPP modifications shall be made within 30
60 calendar days after the discovery, observation, or event requiring a
SWPPP modification. Implementation of new or modified BMPs (distinct from
regular preventive maintenance of existing BMPs described in Part II C) control
measures shall be initiated before the next storm event if possible, but no
later than 60 days after discovery, or as otherwise provided or approved by the
director. The amount of time taken to modify a BMP control measure
or implement additional BMPs control measures shall be documented
in the SWPPP.
3. g. If the SWPPP modification is based on a significant
spill, leak, release, or unauthorized discharge, include a
description and date of the release incident, the circumstances
leading to the release incident, actions taken in response to the
release incident, and measures to prevent the recurrence of such
releases. Unauthorized releases and discharges are subject to the
reporting requirements of Part III G of this permit.
G. Allowable nonstormwater discharges. The following
nonstormwater discharges are authorized by this permit:
1. Discharges from fire-fighting activities;
2. Fire hydrant flushings;
3. Potable water including water line flushings;
4. Uncontaminated condensate from air conditioners, coolers,
and other compressors and from the outside storage of refrigerated gases or
liquids;
5. Irrigation drainage;
6. Landscape watering provided all pesticides, herbicides,
and fertilizer have been applied in accordance with the approved labeling;
7. Pavement wash waters where no detergents are used and no
spills or leaks of toxic or hazardous materials have occurred, unless all
spilled material has been removed;
8. Routine external building wash down that does not use
detergents;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not
contaminated with process materials; and
11. Incidental windblown mist from cooling towers that
collects on rooftops or adjacent portions of the facility, but not intentional
discharges from the cooling tower, for example, "piped" cooling tower
blowdown or drains.
Part III
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, Certification for Noncommercial Environmental Laboratories, or 1VAC30-46, Accreditation for Commercial Environmental Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) individuals who performed
the sampling or measurements;
c. The date(s) and time(s) dates and times
analyses were performed;
d. The individual(s) individuals who performed
the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department. Following notification from the department of the start date for the required electronic submission of monitoring reports, as provided for in 9VAC25-31-1020, such forms and reports submitted after that date shall be electronically submitted to the department in compliance with this section and 9VAC25-31-1020. There shall be at least three months' notice provided between the notification from the department and the date after which such forms and reports must be submitted electronically.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to
the department, within a reasonable time, any information that the board may
request to determine whether cause exists for modifying, revoking and
reissuing, or terminating coverage under this permit or to determine compliance
with this permit. The board may require the permittee to furnish, upon request,
such plans, specifications, and other pertinent information as may be necessary
to determine the effect of the wastes from his the permittee's
discharge on the quality of state waters, or such other information as may be
necessary to accomplish the purposes of the State Water Control Law. The
permittee shall also furnish to the department, upon request, copies of records
required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part III F (Unauthorized discharges); or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify (see NOTE in Part III I) the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any
unusual or extraordinary discharge including a bypass or upset, should occur
from a treatment works and the discharge enters or could be expected to enter
state waters, the permittee shall promptly notify, in no case later than 24
hours, the department by telephone after the discovery of the discharge. This
notification shall provide all available details of the incident, including any
adverse effects on aquatic life and the known number of fish killed. The
permittee shall reduce the report to writing and shall submit it to the
department within five days of discovery of the discharge in accordance with
Part III I 2. Unusual and extraordinary discharges include but are not
limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance.
1. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health.
1. a. An oral report shall be provided within 24
hours from the time the permittee becomes aware of the circumstances. The
following shall be included as information that shall be reported within 24
hours under this subdivision:
a. (1) Any unanticipated bypass; and
b. (2) Any upset that causes a discharge to
surface waters.
2. b. A written report shall be submitted within
five days and shall contain:
a. (1) A description of the noncompliance and
its cause;
b. (2) The period of noncompliance, including
exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and
c. (3) Steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. 2. The permittee shall report all instances of
noncompliance not reported under Parts III I 1 or 2, in writing, at the time
the next monitoring reports are submitted. The reports shall contain the
information listed in Part III I 2.
NOTE: 3. The immediate (within 24 hours) reports
required in Part III G, H, and I may be made to the department's regional
office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx.
For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.
4. Where the permittee becomes aware that it failed to submit any relevant facts in a permit registration statement or submitted incorrect information in a permit registration statement or in any report to the department, it shall promptly submit such facts or information.
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under § 306 of the federal Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in accordance with § 306 of the federal Clean Water Act that are applicable to such source, but only if the standards are promulgated in accordance with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the
nature or increase the quantity of pollutants discharged. This notification
applies to pollutants that are subject neither to effluent limitations nor to
notification requirements specified elsewhere in this permit; under
Part I B 6; or
c. The alteration or addition results in a significant change
in the permittee's sludge use or disposal practices and such alteration,
addition, or change may justify the application of permit conditions that are
different from or absent in the existing permit, including notification of
additional use or disposal sites not reported during the permit application
registration process or not reported pursuant to an approved land
application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or other actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports and other requested information. All reports
required by permits, and other information requested by the board, shall be
signed by a person described in Part III K 1 or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all
conditions of this permit. Any permit noncompliance constitutes a violation of
the State Water Control Law and the federal Clean Water Act, except that
noncompliance with certain provisions of this permit may constitute a violation
of the State Water Control Law but not the federal Clean Water Act. Permit
noncompliance is grounds for enforcement action; for permit coverage
termination, revocation and reissuance, or modification; or denial of a
permit renewal application.
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 30 60
days before the expiration date of the existing permit, unless permission for a
later date has been granted by the board. The board shall not grant permission
for registration statements to be submitted later than the expiration date of
the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions in Part III U (Bypass) and Part III V (Upset) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges, or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III I (Reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An upset, defined in 9VAC25-31-10, constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee that wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s)
causes of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part III I; and
d. The permittee complied with any remedial measures required under Part III S.
3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the
director or an authorized representative, (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 ensuring permit compliance or as otherwise authorized by the federal Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be
deemed reasonable during regular business hours and or whenever
the facility is discharging. Nothing contained herein shall make an inspection
unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits. Permits are permit coverage.
1. Permit coverage is not transferable to any person except after notice to the department.
2. Coverage under this permit may be automatically transferred to a new permittee if:
1. a. The current permittee notifies the
department 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;
2. b. The notice includes a written agreement
between the existing and new permittees containing a specific date for transfer
of permit responsibility, coverage, and liability between them; and
3. c. The board does not notify the existing
permittee and the proposed new permittee of its intent to deny the permittee
coverage under the permit. If this notice is not received, the transfer is
effective on the date specified in the agreement mentioned in Part III Y 2.
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 (9VAC25-115)
Standard Industrial Classification (SIC) 2091, 2092, 5142
or 5046 (Office of Management and Budget (OMB) SIC Manual, 1987). U.S.
Office of Management and Budget (OMB) SIC Manual, 1987
North American Industry Classification System (NAICS) U.S. Office of Management and Budget, 2017