GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL
PERMIT FOR CONCRETE PRODUCTS FACILITIES
The words and terms used in this chapter shall have the meanings defined in § 62.1-44.2 et seq. of the Code of Virginia (State Water Control Law) and 9VAC25-31 (VPDES Permit Regulation), unless the context clearly indicates otherwise, except that for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules of activities, practices and prohibitions of practices, structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to surface waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"Department" or "DEQ" means the Virginia Department of Environmental Quality.
"Industrial activity" means facilities or those portions of a facility where the primary purpose is classified as:
1. North American Industry Classification System (NAICS) Code 327331 - Concrete Block and Brick Manufacturing, (Executive Office of the President, Office of Management and Budget, United States, 2017) and Standard Industrial Classification (SIC) Code 3271 - Concrete Block and Brick (Office of Management and Budget (OMB) SIC Manual, 1987);
2. NAICS Code 327332 Concrete Pipe Manufacturing, NAICS Code 327390 Other Concrete Product Manufacturing, NAICS Code 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing (dry mix concrete manufacturing only) and SIC Code 3272 - Concrete Products, Except Block and Brick; or
3. NAICS Code 327320 Ready-Mix Concrete Manufacturing and SIC Code 3273 - Ready-Mixed Concrete, including both permanent and portable plants.
These facilities are collectively defined as "Concrete Products Facilities."
"Municipal separate storm sewer system" or
"MS4" means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains): (i) owned or operated by a state,
city, town, county, district, association, or other public body (created by or
pursuant to state law) having jurisdiction over disposal of sewage, industrial
wastes, storm water, or other wastes, including special districts under state
law such as a sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal organization,
or a designated and approved management agency under § 208 of the Clean
Water Act (CWA) (33 USC § 1251 et seq.) that discharges to surface waters
of the state; (ii) designed or used for collecting or conveying storm water;
(iii) which is not a combined sewer; and (iv) which is not part of a Publicly
Owned Treatment Works (POTW).
"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.
"No discharge system" means process, commingled, or stormwater systems designed to operate so that there is no discharge of wastewater or pollutants, except in storm events greater than a 25-year, 24-hour storm event.
"Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as runoff.
"Significant spills" includes
, but is not limited
to, releases of oil or hazardous substances in excess of reportable
quantities under § 311 of the Clean Water Act (see 40 CFR 110.10 and 40
CFR 117.21) or § 102 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) (42 USC § 9601 et seq.) (see
40 CFR 302.4).
"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.
"25-year, 24-hour storm event" means the maximum 24-hour precipitation event with a probable recurrence interval of once in 25 years as established by the National Weather Service or appropriate regional or state rainfall probability information.
"Vehicle or equipment degreasing" means the washing or steam cleaning of engines or other drive components of a vehicle or piece of equipment in which the purpose is to degrease and clean petroleum products from the equipment for maintenance purposes. Removing sediment and concrete residue is not considered vehicle or equipment degreasing.
[ "Virginia Environmental Excellence Program" or "VEEP" means a voluntary program established by the department to provide public recognition and regulatory incentives to encourage higher levels of environmental performance for program participants that develop and implement environmental management systems (EMSs). The program is based on the use of EMSs that improve compliance, prevent pollution, and utilize other measures to improve environmental performance. ]
9VAC25-193-15. 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
herein in this chapter and incorporated by reference,
that regulation shall be as it exists and has been published as of July 1, 2012
[ 2017 2018 ].
This general permit regulation governs the discharge of
waste water, noncontact cooling water, wastewater and storm
water stormwater associated with industrial activity from concrete
products facilities classified as NAICS Codes 327331, 327332, 327390,
327320, 327999 (dry mix concrete manufacturing only) and Standard
Industrial Classification Codes 3271, 3272 and 3273, provided that the
discharge is through a point source to surface waters.
9VAC25-193-40. Effective date of the permit.
This general VPDES permit will become effective on [
1, ] 2013 [ 2018 January 1, 2019 ],
and it will expire on [ September 30, ] 2018 [ December
31, ] 2023. This general permit is effective for any covered
owner upon compliance with all the provisions of 9VAC25-193-50.
9VAC25-193-50. Authorization to discharge.
A. Any owner governed by this general permit is hereby
authorized to discharge process water,
storm water stormwater
associated with this industrial activity [ , cooling water, ] or
commingled discharges of these types to surface waters of the Commonwealth of
Virginia provided that:
1. The owner submits a registration statement in accordance with 9VAC25-193-60 and that registration statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent limitations and other requirements of 9VAC25-193-70; and
4. The board has not notified the owner that the discharge is not eligible for coverage in accordance with subsection B of this section.
B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:
1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;
2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;
3. The discharge
violates or would violate the
antidegradation policy in the Water Quality Standards at 9VAC25-260-30; or
4. The discharge is not consistent with the assumptions and requirements of an approved TMDL.
C. Compliance with this general permit constitutes compliance, for purposes of enforcement, with §§ 301, 302, 306, 307, 318, 403, and 405(a) through 405(b) of the federal Clean Water Act (33 USC § 1251 et seq.) and the State Water Control Law, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.
D. Continuation of permit coverage.
Any owner that was authorized to discharge under the
concrete products general permit issued in 2008 and that submits a complete
registration statement on or before October 1, 2013, is authorized to continue
to discharge under the terms of the 2008 general permit until such time as the
board either Permit coverage shall expire at the end of its term.
However, expiring permit coverages are automatically continued if the owner has
submitted a complete registration statement at least 60 days prior to the
expiration date of the permit, or a later submittal 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 general permit coverage that has been continued;
b. Issue a notice of intent to deny coverage under the
reissued general permit. If the general permit coverage is denied, the owner
would then be required to cease the discharges authorized by the continued
coverage under the terms of the ] 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).
9VAC25-193-60. Registration statement.
A. Deadlines for submitting registration statement.
Any owner seeking coverage under this general permit shall submit a
complete VPDES general permit registration statement in accordance with this section,
which shall serve as a notice of intent for coverage under the general VPDES
permit for concrete products facilities.
1. New facilities. Any owner proposing a new discharge shall
submit a complete registration statement at least
30 60 days
prior to the date planned for commencement of the new discharge or a
later submittal established by the board.
2. Existing facilities.
a. Any owner covered by an individual VPDES permit
is proposing to be covered by this general permit shall submit a complete
registration statement at least 210 240 days prior to the
expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the expiring
or expired ] general VPDES permit that became
effective on October 1, 2008, and who intends to continue coverage under
this general permit shall submit a complete registration statement to the board
on or before July 1, 2013 at least 60 days prior to the expiration
date of the existing permit or a later submittal established by the board.
B. Late registration statements. Registration statements for
existing facilities covered under subdivision A 2 b of this section will be
October 1, 2013 the expiration date of this permit,
but authorization to discharge will not be retroactive. Owners described in
subdivision A 2 b of this section that submit registration statements after
July 1, 2013, are authorized to discharge under the provisions of 9VAC25-193-50
D if a complete registration statement is submitted on or before October 1,
C. The required registration statement shall contain the following information:
1. Facility name and address, owner name, mailing address, telephone number, and email address (if available);
2. Operator or other contact name, mailing address, telephone number, and email address (if available) if different from owner;
3. Facility's Standard Industrial Classification (SIC)
4. Nature of business at facility;
[ 5. Indicate if the facility is proposed or existing; if
the facility has a current VPDES ]
and/or [ or VPA
Permit; and Permit ] Number(s) [ Numbers for any
current VPDES ] and/or [ or VPA Permits;
5. ] Description of the wastewater
treatment or reuse/recycle system(s); reuse or recycle systems; indicate
6. 7. ] Indicate if
there are any system(s) which [ process wastewater systems,
which may be commingled with stormwater, or stormwater designed to
process wastewater, commingled process wastewater, and stormwater or stormwater
treatment units designed to ] operate in a as "no
7. 8. ] If settling basins are used
for treatment and control of [ process wastewater ] and
commingled storm water [ , which may be commingled with
stormwater systems, process wastewater or commingled process
wastewater and stormwater, ] indicate the original date of
construction, and whether these basins are lined with concrete or any other
impermeable materials describe the materials lining the process or
commingled settling basins;
8. 9. ] Indicate if there are vehicle
or equipment degreasing activities performed on site. If yes, indicate if there
is any process wastewater generated from these activities; 9. Indicate if a noncontact cooling water system is in use
and if this facility discharges noncontact cooling water from a geothermal unit
or other system. If yes, provide the following: a. Describe the source of noncontact cooling water; and b. If applicable, list chemical additives employed and
their purpose, proposed schedule and quantity of chemical usage, estimated
concentration in the discharge, description of any wastewater treatment or
retention during the use of the additives, and a (Material) Safety Data Sheet
(SDS) and available aquatic toxicity information for each additive proposed for
9. ] Description of any measures
employed to reclaim, reuse, or [ disposal dispose ]
of the residual concrete materials;
10. ] A schematic drawing which
that shows the source(s) sources of water used on the
property, the industrial operations contributing to or using water, the
conceptual design of the methods of treatment and disposal of wastewater and
solids, and the storm water stormwater pollution prevention plan
site map (see 9VAC25-193-70 Part II G F 6 c);
11. ] A USGS 7.5 minute
topographic map or equivalent computer generated map, extending to at least one
mile beyond property boundary, which shows the property boundary, the location
of each of its existing and proposed intake and discharge points, and the
locations of any wells, springs, and other surface water bodies;
12. ] Discharge outfall
information, including outfall number(s) numbers, description of
wastewater discharged from each outfall, estimated flow (gallons per day),
receiving water bodies, duration and frequency of each discharge (hours per day
and days per week), and latitude and longitude of outfall location;
13. ] Indicate which storm
water stormwater outfalls will be representative outfalls (if any).
For storm water stormwater outfalls that are to be represented by
other outfall discharges, provide the following:
a. The locations of the outfalls;
b. Why the outfalls are expected to discharge substantially identical effluents including, where available, evaluation of monitoring data;
c. Estimates of the size of the drainage area (in square feet) for each of the outfalls; and
d. An estimate of the runoff coefficient of the drainage areas (low: under 40%; medium: 40% to 65%; high: above 65%);
14. ] Indicate if a Storm
Water Stormwater Pollution Prevention Plan has been prepared;
15. ] Whether the facility will
discharge to a municipal separate storm sewer system (MS4). If so, provide
the name of the MS4 owner. The "yes," the facility owner of
the facility shall notify the MS4 owner in writing of the existence
of the discharge within 30 days of coverage under the general permit and
shall copy the DEQ regional office with the notification at the time of
registration under this permit and include that notification with the registration
statement. The notification shall include the following information: the
name of the facility, a contact person and phone number contact
information, the location of the discharge, the nature of the discharge,
and the facility's VPDES general permit number [ (if assigned by DEQ) ];
16. ] For portable concrete
products operations, submit a closure plan and include the requirements
specified by the operation and maintenance manual in 9VAC25-193 Part I B 9 a
(4) 9VAC25-193-70 Part I B 8 a (4) of the permit;
17. 18. ] For applicants
other than a sole proprietor, the State Corporation Commission entity
identification number; and
18. 19. ] The following
certification: "I hereby grant to duly authorized agents of the Department
of Environmental Quality, upon presentation of credentials, permission to enter
the property where the treatment works is located for the purpose of
determining compliance with or the suitability of coverage under the General
Permit. I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage
the system or those persons directly responsible for gathering the information,
the information submitted is to the best of my knowledge and belief true,
accurate, and complete. I am aware that there are significant penalties for
submitting false information including the possibility of fine and imprisonment
for knowing violations."
D. The registration statement shall be signed in accordance with the requirements of 9VAC25-31-110 of the VPDES Permit Regulation.
E. Where to submit. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located.
9VAC25-193-70. General permit.
Any owner whose registration statement is accepted by the
board will receive coverage under the following general permit
and shall comply with the requirements
contained therein in the
general permit and be subject to all requirements of 9VAC25-31 9VAC25-31-170
of the VPDES Permit Regulation.
General Permit No: VAG11
Effective Date: [
October 1, 2013 ] 2018 [ January
1, 2019 ]
Expiration Date: [
September 30, ] 2018
[ December 31, ] 2023
GENERAL PERMIT FOR CONCRETE PRODUCTS 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 thereto, owners of concrete products facilities are authorized to
discharge to surface waters within the boundaries of the Commonwealth of
Virginia, except those specifically named in board regulations
prohibit such discharges.
The authorized discharge shall be in accordance with the
information submitted with the registration statement, this cover page,
Part I-Effluent Limitations, Monitoring Requirements, and Special Conditions,
II-Storm Water Part II-Stormwater Management, and Part
III-Conditions Applicable to All VPDES Permits, as set forth herein in
Effluent Limitations, Monitoring Requirements, and Special Conditions.
A. Effluent limitations and monitoring requirements.
1. Process wastewater.
During the period beginning with the permittee's coverage under
this general permit and lasting until the permit's expiration date, the
permittee is authorized to discharge process wastewater
may contain input from vehicle wash water, or vehicle or equipment degreasing
activities, and may be commingled with noncontact cooling water, storm water
stormwater associated with industrial activity, or both. Samples taken
in compliance with the monitoring requirements specified below shall be taken
at outfall(s) outfalls [ .: ]
Such discharges shall be limited and monitored by the permittee as specified below:
Total Suspended Solids (mg/l)
pH (standard units)
Total Petroleum Hydrocarbons(2) (mg/l)
NL = No limitation, monitoring required
2. Noncontact cooling water. 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 noncontact cooling water. Samples taken in
compliance with the monitoring requirements specified below shall be taken at
outfall(s). Such discharges shall be limited and monitored by the
permittee as specified below:
|3. Storm water 2. Stormwater associated with industrial
activitystorm event benchmark monitoring industrial activity from
concrete products 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
storm water stormwater
associated with industrial activity which that does not combine
with other process wastewaters or noncontact cooling water prior to
discharge. Samples taken in compliance with the monitoring requirements specified
below shall be taken at outfall(s) outfalls[ .: ]
Such discharges shall be limited and monitored by the permittee as specified below:
DISCHARGE LIMITATIONS BENCHMARK MONITORING
MONITORING REQUIREMENTS(3), (5)
Total Suspended Solids (mg/l)
pH (standard units)
NL = No limitation, monitoring required
B. Special conditions.
1. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no solids deposition or oil sheen from petroleum products in surface water as a result of the industrial activity in the vicinity of the outfall.
2. Except as expressly authorized by this permit, no product,
materials, industrial wastes, or other wastes resulting from the purchase,
sale, mining, extraction, transport, preparation, or storage of raw or
intermediate materials, final product, byproduct or wastes
, shall be
handled, disposed of, or stored so as to permit a discharge of such product,
materials, industrial wastes, or other wastes to surface waters.
3. Vehicles and equipment utilized during the industrial activity on a site must be operated and maintained in such a manner as to minimize the potential or actual point source pollution of surface waters. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be disposed of by discharging on the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface or ground waters of the state and in accordance with the applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up and disposed of in a manner so as not to allow their entry into the surface or ground waters of the state.
4. All washdown and washout of trucks, mixers, transport buckets, forms or other equipment shall be conducted within designated washdown and washout areas. All washdown and washout water shall be collected for recycle or collected and treated to meet the limits in Part I A prior to discharge to the receiving stream.
5. Any waste concrete and any dredged solids from the
settling basins shall be managed within a designated area, and any wastewaters
storm water stormwater generated from these activities
shall be collected for recycle or treated prior to discharge.
6. Wastewater should be reused or recycled whenever feasible.
7. No sewage discharges to surface waters are permitted under this general permit.
8. For geothermal or other system which discharges
noncontact cooling water, the use of any chemical additives, except chlorine, without
prior approval is prohibited under this general permit. Prior approval shall be
obtained from the DEQ Regional Office before any changes are made to the
chemical usage in the geothermal or other system. Requests for approval of
chemical use shall be made in writing and shall include the following
information: a. The chemical additive to be employed and its purpose; b. The proposed schedule and quantity of chemical usage,
and the estimated concentration in the discharge; c. The wastewater treatment or retention (if any) to be
provided during the use of the additive; and d. A (Material) Safety Data Sheet (SDS) and any of the
manufacturer's aquatic toxicity information for each additive proposed for use.
9. Operations 8. Operation and Maintenance
maintenance (O&M) Manual manual.
a. Within 180 days after the date of coverage under this
general permit, the permittee shall develop or review and update, as
Operations and Maintenance [ operation and
maintenance (O&M) O&M ] Manual manual
for the permitted facility. The O&M Manual manual shall
include procedures and practices for the mitigation of pollutant discharges for
the protection of state waters from the facility's operations and to ensure
compliance with the requirements of the permit. The manual shall address, at a
Operations [ Operation and
maintenance O&M ] practices for the [ process ]
wastewater treatment [ process ] units [ , if
applicable, ] and chemical and material storage areas;
(2) Methods for estimating process wastewater flows [ , if applicable ];
Solids management Management ]
and disposal procedures [ of process wastewater solids, if applicable ];
(4) Temporary and long-term facility closure plans that shall
include (i) treatment, removal, and final disposition of residual wastewater,
[ if applicable, ] contaminated
storm water stormwater
held at the facility, and solids; (ii) fate of structures; (iii) a removal plan
for all exposed industrial materials; and (iv) description of the stabilization
of land in which they were stored or placed;
(5) Testing requirements and procedures;
(6) Recordkeeping and reporting requirements; and
(7) Duties and roles of responsible officials.
b. The permittee shall operate the treatment works in accordance with the O&M manual. The O&M manual shall be reviewed and updated at least annually and shall be signed and certified in accordance with Part III K of this permit. The O&M manual shall be made available for review by department personnel upon request.
[ c. For facilities that do not operate process wastewater treatment units, O&M requirements included in Part I 8 a (4) through 8 a (7) shall be included in either the O&M manual or the SWPPP. ]
10. 9. If the concrete products facility
discharges through a municipal separate storm sewer system to surface waters,
the permittee shall , within 30 days of coverage under this general permit,
notify the owner of the municipal separate storm sewer system of the existence
of the discharge and provide and include that notification with the
registration statement. The notification shall include the following
information: the name of the facility, a contact person and phone number
contact information, the nature location of the discharge,
the location nature of the discharge, and the facility's VPDES
general permit number. A copy of such notification shall be provided to the
department. 11. 10. The permittee shall ensure that all
[ process wastewater ] basins and lagoons maintain a minimum freeboard
of one foot at all times except during a 72-hour transition period after a
measurable rainfall event. During the 72-hour transition period, no discharge
from the basins and lagoons shall occur unless it is in accordance with this
permit. Within 72 hours after a measurable rainfall event, the freeboard in all
basins and lagoons shall be returned to the minimum freeboard of one foot.
Where basins are operated in a series mode of operation, the one-foot freeboard
requirement for the upper basins may be waived provided the final basin will
maintain the freeboard requirements of this special condition. [ A
description of how the permittee will manage the facility to adhere to one foot
of freeboard shall be included in the O&M manual required in Part I B 8 a
(1). ] Should the one-foot freeboard not be [ maintained restored
by the end of the 72-hour transition period ], the permittee shall immediately
notify the DEQ Regional Office, describe the problem and corrective measures
taken take measures to correct the problem before the next rain
event. [ In addition, the permittee shall immediately begin to
monitor and document the freeboard on a daily basis until the freeboard is
returned to the minimum of one foot. ] Within five days of
notification, the permittee shall submit a written statement to the DEQ
Regional Office with an explanation of the problem and corrective measures
taken. [ In order to demonstrate compliance with this special
condition, the permittee shall conduct daily inspections ] while
[ when the facility is in operation during normal operating
hours and maintain an inspection log. The inspection log shall include at
least the date and time of inspection, the weather data including the
occurrence of a measurable rainfall event, ] the printed name and
the handwritten signature [ the initials of the inspector, ]
the [ if one-foot minimum freeboard ] measurement
in inches, a notation of observation made, [ was maintained,
and any corrective measures ] , if appropriate, [ taken.
The log shall be kept onsite and be made available to the department upon
request. ] 12. For 11. [ Process wastewater,
which may be commingled with stormwater, treatment systems ] which
[ or stormwater systems designed to Process wastewater,
commingled process wastewater, and stormwater or stormwater treatment units
designed to ] operate only in a as "no
discharge" mode, there shall be have no discharge of wastewater
or pollutants to surface waters from these systems except in the
case of a storm event which is greater than a 25 year-24 hour storm
events greater than a 25-year, 24-hour storm event. In the event of such
a discharge, the permittee shall report an unusual or extraordinary discharge
per Part III H of this permit. No sampling or DMR is required for these
discharges as they are considered to be discharging in emergency discharge
conditions. All other conditions in Part I B, Part II, and Part III apply. Any
other discharge from this type of system is prohibited and shall be reported as
an unauthorized discharge per Part III G of this permit. The operation of
these systems shall not contravene the Water Quality Standards (9VAC25-260), as
adopted and amended by the board, or any provision of the State Water Control
Law. 13. 12. The permittee shall notify the department
as soon as he knows or has reason to believe:
a. That any activity has occurred or will occur
would result in the discharge, on a routine or frequent basis, of any toxic
pollutant which that is not limited in this permit if that
discharge will exceed the highest of the following notification levels:
(1) One hundred micrograms per liter (100 µg/l) of the toxic pollutant;
(2) Two hundred micrograms per liter (200 µg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board in accordance with 9VAC25-31-220 F.
b. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in this permit if that discharge will exceed the highest of the following notification levels:
(1) Five hundred micrograms per liter (500 µg/l) of the toxic pollutant;
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board in accordance with 9VAC25-31-220 F.
14. 13. All settling basins used for treatment
and control of process wastewater or process wastewater commingled with storm
water stormwater that were constructed on or after February 2, 1998,
shall be lined with concrete or any other impermeable materials. Regardless of
date of construction, all settling basins used for treatment and control of
process wastewater or process wastewater commingled with storm water stormwater
that are expanded or dewatered for major structural repairs shall be lined with
concrete or any other impermeable materials. 15. 14. Settled wastewater may be used on site
for the purposes of dust suppression or for spraying stockpiles. These
activities shall be carried out as a best management practice but not a
wastewater disposal method. There shall be no direct discharge to surface
waters from dust suppression or as a result of spraying stockpiles. Dust
suppression shall be carried out as a best management practice but not as a
wastewater disposal method provided that ponding or direct run-off from the
site does not occur during or immediately following its application. Dust
suppression shall not occur during a "measurable" rain event (a storm
event that results in an actual discharge from the site). 16. 15. Compliance reporting under Part I A.
a. The quantification levels (QL) shall be
as follows less
than or equal to the following concentrations:
The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the test method.
Average average. Compliance with the
monthly average limitations and/or or reporting requirements for
the parameters listed in Part I A shall be determined as follows: All
concentration data below the QL listed in subdivision 16 15 a of
this subsection shall be treated as zero. All concentration data equal to or
above the QL listed shall be treated as it is reported. An arithmetic average
shall be calculated using all reported data, including the defined zeros, for
the month. This arithmetic average shall be reported on the DMR as calculated.
If all data are below the QL then the average shall be reported as
"<QL." If reporting for quantity is required on the DMR and the
calculated concentration is <QL then report "<QL" for the
quantity, otherwise use the calculated concentration.
Maximum maximum. Compliance with the
daily maximum limitations and/or or reporting requirements for
the parameters listed in Part I A shall be determined as follows: All concentration
data below the QL listed in subdivision 16 15 a of this
subsection shall be treated as zero. All concentration data equal to or above
the QL shall be treated as reported. An arithmetic average of the values shall
be calculated using all reported data, including the defined zeros, collected
for each day during the reporting month. The maximum value of these daily
averages thus determined shall be reported on the DMR as the Daily Maximum
daily maximum. If all data are below the QL then the average shall be
reported as "<QL." If reporting for quantity is required on the
DMR and the calculated concentration is <QL then report "<QL"
for the quantity, otherwise use the calculated concentration.
(3) Any single datum required shall be reported as
"<QL" if it less than the QL listed in subdivision
a of this subsection. Otherwise the numerical value shall be reported. The
QL must be less than or equal to the QL in subdivision 15 a of this subsection.
(4) The permittee shall report at least two significant digits for a given parameter. Regardless of the rounding convention used (i.e., five always rounding up or to the nearest even number) by the permittee, the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.
17. 16. Discharges to waters with an approved
total maximum daily load (TMDL). Owners of facilities that are a source of the
specified pollutant of concern to waters where an approved TMDL has been
established shall implement measures and controls that are consistent with the
assumptions and requirements of the TMDL. 18. 17. Adding or deleting outfalls. The
permittee may add new or delete existing outfalls at the facility as necessary
and appropriate. The permittee shall update the O&M manual and storm
water pollution prevention plan (SWPPP) SWPPP and notify the
department of all outfall changes within 30 60 days of the
change. New outfalls require a new or The permittee shall submit an
updated registration statement including an updated SWPPP site map. 19. 18. Notice of termination.
a. The owner may terminate coverage under this general permit by filing a complete notice of termination with the department. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility, and there
are no longer discharges of process wastewater
, noncontact cooling water,
or storm water stormwater associated with the industrial
(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) 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, a closure plan has been implemented according to the O&M manual, and there are no longer discharges from the facility;
(c) A statement indicating that all discharges have been covered by an individual VPDES permit; or
(d) A statement indicating that termination of coverage is being requested for another reason (state the reason).
c. The following certification: "I certify under penalty
of law that all concrete products waste water and
storm water 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 concrete products waste water or storm water stormwater
in accordance with the general permit, and that discharging pollutants to
surface waters is unlawful where the discharge is not authorized by a VPDES
permit. I also understand that the submittal of this notice of termination does
not release an owner from liability for any violations of this permit or the
Clean Water Act."
d. The notice of termination shall be
submitted to the
department and signed in accordance with Part III K.
e. The notice of termination shall be submitted to the DEQ regional office serving the area where the concrete products facility discharge is located.
20. 19. Temporary closure at inactive and
unstaffed sites waiver.
When the permittee is unable to conduct A
waiver of the ] effluent monitoring, benchmark monitoring, [ or ]
storm water [ stormwater management requirements at an
visual monitoring, and routine facility inspections may be granted by the
board at a facility that is both ] inactive and unstaffed [ site,
a waiver of these requirements may be exercised by the board as long as the
facility remains inactive and unstaffed, ] and there are no
industrial materials or activities exposed to storm water stormwater.
The waiver request shall be submitted to the board for approval and shall
include the information in the temporary closure plan specified in Part I B 9
8 a (4), the facility's VPDES general permit registration number; a
contact person, telephone number, and email address (if available); the reason
for the request; the date the facility became or will become inactive and
unstaffed; and the date the closure plan will be completed. The waiver shall be
signed and certified in accordance with Part III K. If this waiver is
granted, the permittee must retain a copy of the request and the board's
written approval of the waiver in accordance with Part III B the
SWPPP. [ The permittee is required to conduct an annual routine
facility inspection in accordance with Part II F 6 f (5). A stormwater
discharge is not required at the time of this annual routine facility
b. To reactivate the site the permittee must notify the
department [ within ] 30 days [
prior to of ]
reopening the facility and commencing any point source discharges of either
treated process wastewater or storm water stormwater runoff
associated with industrial activities. Upon [ this notification reactivation ]
all effluent monitoring, benchmark monitoring, [ or visual
monitoring, and routine facility inspections ] storm water
[ stormwater management requirements of this permit shall be
required shall resume immediately ]. This notification must be
submitted to the department, signed in accordance with Part III K, and retained
on site at the facility covered by this permit in accordance with Part III B.
c. The board retains the right to revoke this waiver when it is determined that the discharge is causing, has a reasonable potential to cause, or contributes to a water quality standards violation.
21. 20. The discharges authorized by this permit
shall be controlled as necessary to meet applicable water quality standards. 22. 21. 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.
Storm Water Stormwater Management.
A. Monitoring instructions.
1. Collection and analysis of samples. Sampling requirements shall be assessed on an outfall by outfall basis. Samples shall be collected and analyzed in accordance with the requirements of Part III A.
2. When and how to sample. A minimum of one grab sample shall
be taken resulting from a storm event that results in an actual discharge from
the site (defined as a "measureable storm event"), providing the
interval from the preceding measurable storm event is at least 72 hours. The
72-hour storm interval is waived if the permittee is able to document with the
monitoring report (DMR) DMR that less than a 72-hour interval is
representative for local storm events during the sampling period. The grab
sample shall be taken during the first 30 minutes of the discharge. If it is
not practicable to take the sample during the first 30 minutes, the sample may
be taken during the first hour three hours of discharge provided
that the permittee explains with the DMR SWPPP why a grab sample
during the first 30 minutes was impractical.
3. Recording of results. For each discharge measurement or
sample taken pursuant to the storm event monitoring requirements of this
permit, the permittee shall record and report with the
Reports (DMRs) DMR the following information:
a. Date and duration (in hours) of the storm
b. Rainfall measurements or estimates (in inches) of the storm
which that generated the sampled discharge; and
c. Duration between the storm event sampled and the end of the previous measurable storm event.
discharge outfalls - substantially
identical outfalls. If a facility has two or more exclusively storm
water stormwater outfalls that discharge substantially identical
effluents, based on similarities of the industrial activities, significant
materials, size of drainage areas, and storm water stormwater
management practices occurring within the drainage areas of the outfalls, the
permittee may monitor the effluent of just one of the outfalls and report
that the observations also apply to the substantially identical outfall.
Representative outfalls must be identified in the registration statement
submitted for coverage under this permit. Substantially identical outfalls
outfall monitoring can apply to quarterly visual and benchmark
monitoring. The permittee must include the following information in the storm
water pollution prevention plan (SWPPP) SWPPP:
1. The locations of the outfalls;
2. Why the outfalls are expected to discharge substantially identical effluents, including evaluation of monitoring data where available;
3. Estimates of the size of the drainage area (in square feet) for each of the outfalls; and
4. An estimate of the runoff coefficient of the drainage areas (low: under 40%; medium: 40% to 65%; high: above 65%).
C. Sampling waivers. 1. When a permittee is unable to conduct benchmark
monitoring or visual examinations within the specified sampling period due to
no "measureable" storm event or adverse weather conditions, the
permittee shall collect a substitute sample from the next separate qualifying
event and submit these data along with documentation explaining a facility's
inability to conduct benchmark monitoring or visual examinations (including
dates and times the outfalls were viewed and sampling was attempted) of no
"measureable" storm event or of adverse weather conditions with the
DMR to the DEQ. Adverse weather conditions which may prohibit the collection of
samples include weather conditions that create dangerous conditions for
personnel (such as local flooding, high winds, hurricane, tornadoes, electrical
storms, etc.). Acceptable documentation includes, but is not limited to
National Climatic Data Center weather station data, local weather station data,
facility rainfall logs, and other appropriate supporting data. All documentation
shall also be maintained with the SWPPP. 2. Sampling waiver for inactive and unstaffed sites. See
Part I B 20. D. C. Quarterly visual [ examination
monitoring ] of storm water stormwater quality. The
permittee shall perform and document [ a ] visual [ examination
monitoring ] of [ a ] storm water stormwater
[ discharge discharges ] associated with industrial
activity from each outfall, except discharges waived in [ subdivision ]
D 1 and subsection [ Part II C ] 4 [ of this ]
section [ subsection ]. The visual examination(s)
[ examinations monitoring ] must be made during daylight
hours (e.g., normal working hours) 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.
Examinations shall be made of samples Samples will
be in a clean, colorless glass or plastic container and examined in a well-lit
2. Samples will be collected within the first 30 minutes
(or as soon thereafter as practical, but not to exceed
one hour) three
hours, provided that the permittee explains in the 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.
3. The examination shall
document observations of
observe color, odor, clarity, floating solids, settled solids, suspended
solids, foam, oil sheen, and other obvious indicators of storm water stormwater
pollution. The examination must be conducted in a well lit area. No
analytical tests are required to be performed on the samples. 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.
4. 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
the permittee documents that no qualifying storm event occurred that resulted
in a storm water discharge during that quarter. Where practicable, the same
individual should carry out the collection and examination of discharges for
the entire permit term this is documented in the SWPPP. 2. 5. Visual [ examination monitoring ]
reports must shall be maintained onsite with the SWPPP. The
report shall include the outfall location, the [ examination monitoring ]
date and time, [ examination monitoring ]
personnel, the nature of the discharge (i.e., runoff or snow melt), visual
quality of the storm water stormwater discharge (including
observations of color, odor, clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and other obvious indicators of storm
water stormwater pollution), [ visual quality of the
receiving stream (including observations of solids deposition and oil sheen
from the industrial activity) in the vicinity of the outfall (including ditches
and conveyances), ] and probable sources of any observed storm
water stormwater contamination.
6. Whenever the visual [
monitoring ] shows obvious indicators of stormwater pollution, the
SWPPP and stormwater controls shall be updated per Part II F. E. D. Allowable nonstorm water nonstormwater
discharges. [ 1. ] The following nonstorm water nonstormwater
discharges are authorized by this [ permit provided the ] nonstorm
water [ nonstormwater component of the discharge is in
compliance with Part II E D 2 ] below [ permit ].
a. 1. ] Discharges from fire
fighting [ emergency ] firefighting activities;
b. 2. ] Fire hydrant flushings;
c. 3. ] Potable water including water
d. 4. ] Uncontaminated air
conditioning or compressor condensate from air conditioners, coolers,
and other compressors and from the outside storage of refrigerated gases or
e. 5. ] Irrigation drainage;
f. 6. ] Landscape watering provided
all pesticides, herbicides, and fertilizer have been applied in accordance with
manufacturer's instructions the approved labeling;
g. 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 to prevent the discharge of pollutants ];
h. 8. ] Routine external building wash
down which washdown that does not use detergents [ or
hazardous cleaning products ];
i. 9. ] Uncontaminated ground water
or spring water;
j. 10. ] Foundation or footing drains
where flows are not contaminated with process materials; and
k. 11. ] Incidental windblown mist
from cooling towers that collects on rooftops or adjacent portions of the facility,
but NOT not intentional discharges from the cooling tower (e.g.,
"piped" cooling tower blowdown or drains).
2. Except for flows from ] fire fighting
[ firefighting activities, the SWPPP must include: a. Identification of each allowable nonstorm water nonstormwater
source; b. The location where it is likely to be discharged; and c. Descriptions of appropriate best management practices
(BMPs) for each source. 3. If mist blown from cooling towers is included as one of
the allowable nonstorm water nonstormwater discharges, the permittee
shall specifically evaluate the discharge for the presence of chemicals used in
the cooling tower. This evaluation shall be included in the SWPPP. ] F. E. Releases of hazardous substances or oil in
excess of reportable quantities. The discharge of hazardous substances or oil
in the storm water discharge(s) stormwater discharges from this
facility shall be prevented or minimized in accordance with the SWPPP for the
facility. This permit does not authorize the discharge of hazardous substances
or oil resulting from an onsite spill. This permit does not relieve the
permittee of the reporting requirements of 40 CFR Part 110, 40 CFR Part 117,
and 40 CFR Part 302 or § 62.1-44.34:19 of the Code of Virginia.
Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour period;
1. The permittee is required to notify the department in accordance with the requirements of Part III G as soon as he has knowledge of the discharge;
2. Where a release enters a municipal separate storm sewer system (MS4), the permittee shall also notify the owner of the MS4; and
3. The SWPPP required by this permit shall be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the plan must be modified where appropriate.
G. Storm water F. Stormwater pollution
prevention plans (SWPPP). A SWPPP shall be developed and implemented for the
facility. The [ plan SWPPP ] shall include [ BMPs
best management practices (BMPs) ] that are reasonable,
economically practicable, and appropriate in light of current industry
practices. The BMPs shall be selected, designed, installed, implemented, and
maintained in accordance with good engineering practices to eliminate or reduce
the pollutants in all storm water stormwater discharges from the
facility. The SWPPP shall also include any control measures necessary for the storm
water stormwater discharges to meet applicable water quality
The SWPPP requirements of this general permit may be
fulfilled, in part, by incorporating by reference other plans or documents such
as an erosion and sediment control plan, a spill prevention control and
countermeasure (SPCC) plan developed for the facility under § 311 of the Clean
Water Act or BMP programs otherwise required for the facility provided that the
incorporated plan meets or exceeds the [
plan SWPPP ]
requirements of Part II G F 6 (Contents of Plan) [ plan)
SWPPP) ]. All plans incorporated by reference into the SWPPP become
enforceable under this permit. If a plan incorporated by reference does not
contain all the requirements of Part II G F 6, the permittee
shall develop the missing SWPPP elements and include them in the required plan.
1. Deadlines for [
plan SWPPP ]
preparation and compliance.
a. Owners of facilities that were covered under the
2013 Concrete Products General Permit who are continuing coverage under
this general permit shall update and implement any revisions to the SWPPP not
later than January 1, 2014 within 60 days of the board granting coverage
under this permit.
b. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit who elect to be covered under this general permit shall prepare and implement the SWPPP prior to commencing operations.
c. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility shall update and implement any revisions to the SWPPP within 60 days of the ownership change.
d. Upon a showing of good cause, the director may establish a later date in writing for the preparation and compliance with the SWPPP.
2. Signature and [
plan SWPPP ] review.
a. The SWPPP shall be signed in accordance with Part III K
and be retained on-site at the facility covered by this permit in accordance
with Part III B. For inactive sites, the [ plan
SWPPP ] may be kept at the nearest office of the permittee.
b. The permittee shall make the SWPPP [
, annual site
compliance inspection report, ] or other information available to the
department upon request.
c. The director, or his designee, may notify the permittee in
writing at any time that the SWPPP, BMPs, or other components of the facility's
storm water stormwater program do not meet one or more of the requirements
of this part. Such notification shall identify specific provisions of the
permit that are not being met and may include required modifications to the storm
water stormwater program, additional monitoring requirements, and
special reporting requirements. Within 60 days of such notification from the
director, or as otherwise provided by the director, the permittee shall make
the required changes to the [ plan SWPPP ] and shall
submit to the department a written certification that the requested changes
have been made.
3. Maintaining an updated SWPPP. The permittee shall review and amend the SWPPP as appropriate whenever:
a. There is construction or a change in design, operation, or maintenance that has a significant effect on the discharge or the potential for the discharge of pollutants to surface waters;
b. Routine inspections or
compliance evaluations visual
[ examinations monitoring ] determine that there
are deficiencies in the BMPs;
c. Inspections by local, state, or federal officials determine that modifications to the SWPPP are necessary;
d. There is a spill, leak, or other release at the facility; or
e. There is an unauthorized discharge from the facility.
4. SWPPP modifications shall be made within
calendar days after 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 G F
7) shall be initiated before the next storm event if possible, but no later than
60 days after discovery, or as otherwise provided or approved by the director.
The amount of time taken to modify a BMP or implement additional BMPs shall be
documented in the SWPPP.
5. If the SWPPP modification is based on a release or unauthorized discharge, include a description and date of the release, the circumstances leading to the release, actions taken in response to the release, and measures to prevent the recurrence of such releases. Unauthorized releases and discharges are subject to the reporting requirements of Part III G of this permit.
6. Contents of [
plan SWPPP ]. The
[ plan SWPPP ] shall include, at a minimum, the
a. Pollution prevention team. Each [
plan SWPPP ]
shall identify the staff individuals by name or title that comprise the
facility's storm water stormwater pollution prevention team. The
pollution prevention team is responsible for assisting the facility or plant
manager in developing, implementing, maintaining, revising, and ensuring
compliance with the facility's SWPPP. Specific responsibilities of each staff
individual on the team shall be identified and listed.
b. Summary of potential pollutant sources. The plan shall
identify where industrial materials or activities at the facility are exposed
storm water stormwater. Industrial materials or activities
include , but are not limited to: material handling equipment or
activities, industrial machinery, raw materials, industrial production and
processes, intermediate products, byproducts, final products, and waste
products. Material handling activities include , but are not limited to:
the storage, loading and unloading, transportation, disposal, or conveyance of
any raw material, intermediate product, final product, or waste product. The
description shall include:
(1) A list of the activities (e.g., material storage, equipment fueling and cleaning, cutting steel beams); and
(2) A list of the associated
pollutant(s) or pollutant pollutants
[ constituents (e.g., crankcase oil, zinc, sulfuric acid, cleaning
solvents, etc.), pollutant constituents or industrial chemicals ]
for each activity. The pollutant list shall include all significant materials
handled, treated, stored, or disposed that have been exposed to storm
water stormwater in the three years prior to the date this SWPPP was
prepared or amended. This list shall include any hazardous substances or oil at
c. Site map. The site map shall document:
(1) An outline of the drainage area of each
stormwater outfall that are within the facility boundaries;
(2) Each existing structural control measure to reduce
storm water stormwater runoff;
(3) Surface water bodies;
(4) Locations where materials are exposed to precipitation;
(5) Locations where major spills or leaks identified under
G F 6 d have occurred;
(6) Locations of fueling stations, vehicle or equipment degreasing activities, maintenance areas, loading or unloading areas, vehicle wash down areas, vehicle wash out areas, bag house or other dust control device, recycle ponds, sedimentation ponds, or clarifiers or other devices used for the treatment of process wastewater (and the areas that drain to the treatment device);
(7) Locations used for the storage or disposal of wastes; liquid storage tanks; processing areas; and storage areas;
(8) Outfall locations, designation (e.g., 001) and the types of discharges contained in the drainage areas of the outfalls;
(9) For each area of the facility that generates
stormwater discharges associated with industrial activity with a
potential for containing significant amounts of pollutants, locations of storm
water stormwater conveyances including ditches, pipes, swales, and
inlets, and the directions of storm water stormwater flow and an
identification of the types of pollutants which that are likely
to be present in storm water stormwater discharges associated
with industrial activity. Factors to consider include the toxicity of the
chemicals; quantity of chemicals used, produced, or discharged; the
likelihood of contact with storm water stormwater; and history of
leaks or spills of toxic or hazardous pollutants; and
(10) Flows with a potential for causing erosion shall be identified.
d. Spills and leaks. A list of significant spills and leaks of
toxic or hazardous pollutants that occurred at areas that are exposed to
precipitation or that otherwise drain to a
storm water stormwater
conveyance at the facility after the date of three years prior to the date of
coverage under this general permit. Such list shall be updated as appropriate
during the term of the permit.
e. Sampling data. The plan shall include a summary of existing
storm water stormwater discharge sampling data taken at the
facility. The summary shall include, at a minimum, any data collected during
the previous three years.
Storm water Stormwater controls.
(1) BMPs shall be implemented for all areas identified in Part
G F 6 b to prevent or control pollutants in storm water
stormwater discharges from the facility. All reasonable steps shall be
taken to control or address the quality of discharges from the site that may
not originate at the facility. The SWPPP shall describe the type, location, and
implementation of all BMPs for each area where industrial materials or
activities are exposed to storm water stormwater.
(2) Good housekeeping measures. Good housekeeping
requires the clean and orderly maintenance of areas that may contribute
storm waters stormwater discharges. The permittee
shall keep clean all exposed areas of the facility that are potential sources
of pollutants in storm water stormwater. Particular attention
should be paid to areas where raw materials are stockpiled, material handling
areas, storage areas, liquid storage tanks, vehicle fueling and maintenance
areas, and loading/unloading loading or unloading areas. The
[ plan SWPPP ] shall describe procedures performed to prevent
or minimize the discharge of: spilled cement, aggregate (including sand and
gravel), kiln dust, fly ash, settled dust, or other significant material in storm
water stormwater from paved portions of the site that are exposed to
storm water stormwater. Regular sweeping of impervious areas
or other equivalent measures to minimize the presence of these materials shall
be employed. The frequency of sweeping or equivalent measures shall be
specified in the plan based upon a consideration of the amount of industrial
activity occurring in the areas and the frequency of precipitation, but it
shall be a minimum of once a week if cement, aggregate, kiln dust, fly ash or
settled dust are being handled/processed. Efforts must be made to prevent Sweep
or vacuum paved surfaces of the site that are exposed to stormwater at regular
intervals or use other equivalent measures [ , including washing
down the area and collecting or treating and properly disposing of the washdown
water, ] to minimize the potential discharge of these materials
in stormwater. Indicate in the SWPPP the frequency of sweeping, vacuuming, or
other equivalent measures. Determine the frequency based on the amount of
industrial activity occurring in the area and the frequency of precipitation,
but sweeping, vacuuming, or other equivalent measures shall be performed at least
once a week in areas where cement, aggregate, kiln dust, fly ash, or settled
dust are being handled or processed. Prevent the exposure of fine granular
solids (cement, fly ash, etc.) to storm water (including cement, fly
ash and kiln dust) to stormwater, where practicable, by storing these
materials in enclosed silos/hoppers silos, hoppers, or
buildings or under other covering. The introduction of raw, final, or waste
materials to exposed areas of the facility shall be minimized to the maximum
extent practicable. The generation of dust , along with and
off-site vehicle tracking of raw, final or waste materials, or sediments ,
shall be minimized to the maximum extent practicable.
(3) Preventive maintenance. A preventive maintenance program
shall involve regular inspection, testing, maintenance, and repairing of all
industrial equipment and systems to avoid breakdowns or failures that could
result in leaks, spills and other releases. This program is in addition to the
specific BMP maintenance required under Part II
G F 7
(Maintenance of BMPs).
(4) Spill prevention and response procedures. The [
SWPPP ] shall describe the procedures that will be followed for
preventing and responding to spills and leaks.
(a) Preventive measures include barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling.
(b) Response procedures shall include (i) 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 regulations at 40 CFR Part 264 and 40 CFR Part 265. Employees who may cause, detect, or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals shall be a member of the pollution prevention team.
(c) Procedures for plainly labeling containers (e.g., "used oil," "spent solvents," "fertilizers and pesticides," etc.) to encourage proper handling and facilitate rapid response if spills or leaks occur; and
(d) Contact information for individuals and agencies that must be notified in the event of a spill shall be included in the SWPPP and in other locations where it will be readily available.
(5) Routine facility inspections.
Facility personnel who possess the knowledge and skills to
assess conditions and activities that could impact storm water quality at the
facility and who can also evaluate the effectiveness of BMPs shall regularly
inspect designated equipment and areas of the facility. Inspections shall be
conducted while the facility is in operation and include, but are not limited
to, the following areas exposed to storm water: (a) During normal
facility operating hours inspections of areas of the facility covered by the
requirements in this permit must be conducted and shall include observations of
(i) Areas where industrial materials or activities are
exposed to stormwater, including material handling areas, above ground
storage tanks, hoppers or silos,
dust collection/containment systems dust
collection or containment systems, and truck wash down/equipment truck
wash down or equipment cleaning areas .;
(ii) Discharge points; and
(iii) Best management practices.
The inspection frequency (b) Inspections shall be
specified in the plan based on a consideration of the level of industrial
activity at the facility, but it shall be a minimum of be conducted at
least quarterly unless more frequent intervals are specified elsewhere
in the permit. When practical,. At least once each calendar year,
the routine facility inspection should be conducted once each calendar year
during a period when a storm water stormwater discharge is
(c) Inspections shall be performed by 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. At least one member of the stormwater pollution prevention team shall participate.
(d) Routine facility inspections shall be documented and maintained with the SWPPP. Document all findings including:
(i) Inspection date [
and time ];
Name and initials of inspector
Names of the inspectors ]; and
(iii) Observations of any discharges; the physical
condition of and around all outfalls (e.g., concrete product in the stream or turbidity);
leaks or spills from industrial equipment, drums, tanks or other containers;
offsite tracking of industrial materials or sediment; any additional best
management practices that need to be repaired, maintained, or added;
[ and ] any incidents of noncompliance [
and a signed certification ].
(e) A set of tracking or followup procedures shall be
used to ensure that appropriate actions are taken in response to the
inspections. Records of inspections shall be maintained with the
prevention plan SWPPP. These inspections are in addition to, or
as part of, the comprehensive site compliance evaluation required under Part II
G 8. At least one member of the pollution prevention team shall participate in
the routine facility inspections. Any deficiencies in the implementation of
the SWPPP that are found shall be corrected as soon as practicable, but not
later than within 30 60 days of the inspection, unless permission
for a later date is granted in writing by the director. The results of the inspections
shall be documented in the SWPPP, along with the date(s) dates
and description(s) descriptions of any corrective actions that
were taken in response to any deficiencies or opportunities for improvement
that were identified.
[ (f) The requirement for routine facility inspections is waived for facilities that have maintained an active VEEP E3/E4 status. ]
(6) Employee training. The permittee shall implement a
water stormwater employee training program for the facility. The
SWPPP shall include a schedule for all types of necessary training , and
shall document all training sessions and the employees who received the
training. Training shall be provided for all employees who work in areas where
industrial materials or activities are exposed to storm water stormwater
and for employees who are responsible for implementing activities identified in
the SWPPP (e.g., inspectors, maintenance personnel, etc.). The training shall
cover the components and goals of the SWPPP and include such topics as spill response,
good housekeeping, material management practices, BMP operation and
maintenance, etc. The SWPPP shall include a summary of any training performed.
(7) Sediment and erosion control. The [
plan SWPPP ]
shall identify areas that, due to topography, land disturbance (e.g.,
construction, landscaping, sit grading), or other factors, have a potential for
soil erosion. The permittee shall identify and implement structural,
vegetative, and/or or stabilization BMPs to prevent or control
on-site and off-site erosion and sedimentation.
(8) Management of runoff. The [
plan SWPPP ]
shall describe the storm water stormwater run-off management
practices (i.e., permanent structural BMPs) for the facility. These types of
BMPs are typically used to divert, infiltrate, reuse, or otherwise reduce
pollutants in storm water stormwater discharges from the site.
Appropriate measures may include: vegetative swales and practices, reuse of
collected storm water stormwater (such as for a process or as an
irrigation source), inlet controls (such as oil/water separators), snow
management activities, infiltration devices, wet detention/retention devices;
or other equivalent measures. Some structural BMPs may require a separate
permit under § 404 of the Clean Water Act and the Virginia Water Protection
Permit Program Regulation (9VAC25-210) before installation begins.
7. Maintenance of BMPs. All BMPs identified in the SWPPP shall
be maintained in effective operating condition.
Storm water Stormwater
BMPs identified in the SWPPP should shall be observed during
active operation where feasible (i.e., during a storm water stormwater
runoff event) to ensure that they are functioning correctly. Where discharge
locations are inaccessible, nearby downstream locations shall be observed. The
observations shall be documented in the SWPPP.
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 by appropriate means (e.g., spill response supplies available and personnel trained, etc.).
If site inspections required by Part II
G F 6 f
(5) (Routine facility inspections) [ or Part II G F 8
(Comprehensive site compliance evaluation) ] identify BMPs that are
not operating effectively, repairs or maintenance shall be performed before the
next anticipated storm event. If maintenance prior to the next anticipated
storm event is not possible, maintenance shall be scheduled and accomplished as
soon as practicable. 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(s)
dates of regular maintenance, date(s) dates of discovery
of areas in need of repair or replacement, and for repairs, date(s) dates
that the BMP(s) BMPs returned to full function, and the
justification for any extended maintenance or repair schedules.
8. 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 ]
storm water [ 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. Such evaluations shall include the following: a. Industrial materials, residue, or trash that may
have or could come into contact with ] storm water [ 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. Evidence of or the potential for pollutants entering the
drainage system; e. 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; f. Review of training performed, inspections completed,
maintenance performed, quarterly visual examinations, and effective operation
of BMPs; g. Documentation that all outfalls have been evaluated
annually for the presence of unauthorized discharges (i.e., discharges other
than ] storm water [ stormwater; the authorized ]
nonstorm water [ nonstormwater discharges described in
Part II ] E [ D; or discharges covered under a
separate VPDES permit, other than this permit). The documentation shall
include: (1) The date of the evaluation; (2) A description of the evaluation criteria used; (3) A list of the outfalls or on-site drainage points that
were directly observed during the evaluation; (4) A description of the results of the evaluation for the
presence of unauthorized discharges; and (5) The actions taken to eliminate unauthorized discharges,
if any were identified (i.e., a floor drain was sealed, a sink drain was
rerouted to sanitary, or a VPDES permit application was submitted for a cooling
water discharge); h. Results of both visual and any analytical monitoring
done during the past year shall be taken into consideration during the
evaluation; i. Based on the results of the evaluation, the SWPPP shall
be modified as necessary (e.g., show additional controls on the site map
required by Part II ] G [ F 6 c; revise the
description of ] storm water [ stormwater
controls required by Part II ] G [ F 6 f to
include additional or modified BMPs designed to correct problems identified).
Revisions to the SWPPP shall be completed within ] 30 [ 60
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; j. Compliance evaluation report. A report shall be written
summarizing the scope of the evaluation, ] names(s) [ names
of personnel making the evaluation, the date of the evaluation, and all
observations relating to the implementation of the SWPPP, including elements
stipulated in Part II ] G [ F 8 a through e
above. Observations shall include such things as: the ] location(s)
[ locations of discharges of pollutants from the site; ]
locations(s) [ locations of previously unidentified
sources of pollutants; ] location(s) [ locations
of BMPs that need to be maintained or repaired; ] locations(s)
[ locations of failed BMPs that need replacement; and ]
location(s) [ 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; and k. Where compliance evaluation schedules overlap with
routine inspections required under Part II ] G [ F
6 f (5), the annual compliance evaluation may be used as one of the routine
8. Nonstormwater discharges.
a. Except for flows from emergency firefighting activities, the SWPPP must include:
(1) Identification of each allowable nonstormwater source;
(2) The location where it is likely to be discharged; and
(3) Descriptions of appropriate BMPs for each source.
b. Documentation that all outfalls have been evaluated annually for the presence of unauthorized discharges (i.e., discharges other than stormwater, the authorized nonstormwater discharges described in Part II D, or discharges covered under a separate VPDES permit or this permit). The documentation shall include:
(1) The date of the evaluation;
(2) A description of the evaluation criteria used;
(3) A list of the outfalls or onsite 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 identified unauthorized discharges. ]
To to All VPDES Permits.
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).
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individuals who performed the sampling or measurements;
c. The dates and times analyses were performed;
d. The individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Except for records of monitoring information
required by this permit related to the permittee's sewage sludge use and
disposal activities, which shall be retained for a period of at least five
years, the The ] permittee shall retain (i) records of all
monitoring information including all calibration and maintenance records and
all original strip chart recordings for continuous monitoring instrumentation,
(ii) copies of all reports required by this permit, and (iii) records of all
data used to complete the registration statement for this permit for a period
of at least three years from the date that coverage under this permit expires
or is terminated. This period of retention shall be extended automatically
during the course of any unresolved litigation regarding the regulated activity
or regarding control standards applicable to the permittee, or as requested by
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations
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
the board may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating coverage under this permit or to determine
compliance with this permit. The board may require the permittee to furnish,
upon request, such plans, specifications, and other pertinent information as
may be necessary to determine the effect of the wastes from its discharge on
the quality of state waters, or such other information as may be necessary to
accomplish the purposes of the State Water Control Law. The permittee shall
also furnish to the department upon request copies of records required to be
kept by this permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, 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; or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department, within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate, and prevent a recurrence of the present discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any
unusual or extraordinary discharge including a bypass or upset should occur
from a treatment works and the discharge enters or could be expected to enter
state waters, the permittee shall promptly notify, 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 1 b ]. Unusual and extraordinary
discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance.
[ 1. ] The permittee shall report any
which that may adversely affect state waters or may
endanger public health.
1. a. ] An oral report shall be
provided within 24 hours from the time the permittee becomes aware of the
circumstances. The following shall be included as information which that
shall be reported within 24 hours under this subdivision:
a. (1) ] Any unanticipated bypass;
b. (2) ] Any upset which 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 Part III
I 1 [ a ] or [ 2 1 b ], in writing, at
the time the next monitoring reports are submitted. The reports shall contain
the information listed in Part III I [ 2 1 b ].
NOTE: The immediate (within 24 hours) reports required in
Part III G, H and I may be made to the department's regional office by
telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx.
For reports outside normal working hours, leave a message and this shall
fulfill the immediate reporting requirement. For emergencies, the Virginia
Department of Emergency Services maintains a 24 hour telephone service at
[ 3. 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 Clean Water Act
which that are applicable to such source; or
(2) After proposal of standards of performance in accordance
with § 306 of Clean Water Act
which 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
which that are subject neither to effluent
limitations nor to notification requirements specified elsewhere in this
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
registration process or not reported pursuant to an approved land
2. The permittee shall give advance notice to the department of
any planned changes in the permitted facility or activity
may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statements. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For
the purpose of this section, a responsible corporate officer means (i)
president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar
policy-making or decision-making functions for the corporation or (ii)
the manager of one or more manufacturing, production, or operating facilities
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit
duty of making major capital investment recommendations
, and initiating
and directing other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and
accurate information for permit application registration
requirements; and where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
, etc and other information. All
reports required by permits , and other information requested by the
board shall be signed by a person described in Part III K 1, or by a duly
authorized representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.
4. Certification. Any person signing a document under
Part III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all
conditions of this permit. Any permit noncompliance constitutes a violation of
the State Water Control Law and the Clean Water Act, except that noncompliance
with certain provisions of this permit may constitute a violation of the State
Water Control Law but not the Clean Water Act. Permit noncompliance is grounds
for enforcement action; for permit coverage termination
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 and with standards for sewage sludge use or disposal established under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of this permit, the
permittee shall apply for and obtain coverage under a new permit. All
a currently effective permit coverage shall
submit a new application at least 90 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
applications to be submitted later than the expiration date of the existing
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state, or local law or regulations.
O. State law. Nothing in this permit shall be construed to
preclude the institution of any legal action under, or relieve the permittee
from any responsibilities, liabilities, or penalties established pursuant to
any other state law or regulation or under authority preserved by § 510 of the
Clean Water Act. Except as provided in permit conditions on
"bypass" (Part III U), and "upset" (Part III V)
nothing in this permit shall be construed to relieve the permittee from civil
and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at
all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances)
which 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 which that are installed by the permittee only when the
operation is necessary to achieve compliance with the conditions of this
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit
which 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.
1. "Bypass" means the intentional diversion of waste
streams from any portion of a treatment facility. The permittee may allow any
bypass to occur
which that does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions of Parts
Part III U 2 and U 3.
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.
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
occurred during normal periods of equipment downtime or preventive maintenance;
(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
above in Part III U 3 a.
1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part III V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the 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 his designee, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
2. Have access to and copy at reasonable times any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be
deemed reasonable during regular business hours
, and whenever the
facility is discharging. Nothing contained herein shall make an inspection
unreasonable during an emergency.
X. Permit actions.
Permits Permit coverage may
be modified, revoked and reissued, or terminated for cause. The filing
of a request by the permittee for a permit modification, revocation and
reissuance, or termination, or a notification of planned changes or anticipated
noncompliance does not stay any permit condition.
Y. Transfer of
permits permit coverage.
[ 1. ] Permits are not transferable to any person except after notice to the department.
This [ 2. ] Coverage under this
permit may be automatically transferred to a new permittee if:
1. a. ] The current permittee
notifies the department at least within 30 days in advance
of the proposed transfer of the title to the facility or property unless
permission for a later date has been granted by the 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
3. c. ] The board does not notify
the existing permittee and the proposed new permittee of its intent to deny the
new permittee coverage under the permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in Part
III Y 2 [ b ].
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.