The words and terms used in this chapter shall have the
meanings defined in the State Water Control Law Chapter 3.1 (§ 62.1-44.2 et
seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant Discharge
Elimination System (VPDES) Permit Regulation [
(9VAC25-31-10 et seq.)
(9VAC25-31) ] unless the context clearly indicates otherwise.
Additionally, for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules of activities, practices (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 run-off, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"Colocated facility" means an industrial activity other than mineral mining operating on a site where the primary industrial activity is mineral mining. Such an activity must have wastewater characteristics similar to those of the mineral mine and be located within the permitted mining area. The term refers to activities that are commonly found at mining sites such as manufacturing of ready-mix concrete (SIC Code 3273), concrete products (SIC Codes 3271 and 3272), and asphalt paving materials (SIC Code 2951) except asphalt emulsion manufacturing. It does not mean industrial activity that is specifically excluded from this permit.
"Department" or "DEQ" means the Virginia Department of Environmental Quality.
"Industrial activity" means activity associated with mineral mining facilities generally identified by SIC Major Group 14 including active or inactive mining operations that discharge stormwater that has come into contact with any overburden, raw material, intermediate products, finished products, by-products or waste products located on the site of such operations. (Inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim.) Industrial activity also includes facilities classified under other SIC codes that may be colocated within the mineral mine permit area, unless they are expressly excluded by this general permit.
"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, stormwater, 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 that discharges to surface waters of the state; (ii) designed or used for collecting or conveying stormwater; (iii) that is not a combined sewer; and (iv) that is not part of a publicly owned treatment works (POTW).
"Permittee" means the owner of a nonmetallic mineral mine covered under this general permit.
"Process wastewater" means any wastewater used in
the slurry transport of mined material, air emissions control, or processing
exclusive of mining, and any other water that becomes commingled with such
wastewater in a pit, pond, lagoon, mine, or other facility used for treatment
of such wastewater. It includes mine pit dewatering, water used in the process
of washing stone, noncontact cooling water, wastewater from
washing vehicle or equipment degreasing activities, vehicle
washing and return water from operations where mined material is dredged
and miscellaneous plant cleanup wastewaters.
"Run-off coefficient" means the fraction of total rainfall that will appear at the conveyance as run-off.
"SIC" means the Standard Industrial Classification Code or Industrial Grouping from the U.S. Office of Management and Budget Standard Industrial Classification Manual, 1987 Edition.
"Significant materials" includes, but is not limited
to, raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials
such as metallic products; raw materials used in
food processing or production; hazardous substances designated under
Section 101(14) of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) (42 USC § 9601 et seq.); any chemical the owner is
required to report pursuant to Section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) (42 USC § 11001 et seq.); fertilizers;
pesticides; and waste products such as ashes, slag and sludge (including pond
sediments) that have the potential to be released with stormwater discharges.
"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).
"Stormwater" means stormwater run-off, snow melt run-off, and surface run-off and drainage.
"Stormwater discharge associated with industrial
activity" means the discharge from any conveyance [
which that ]
is used for collecting and conveying stormwater and [ which that ]
is directly related to manufacturing, processing or raw materials storage areas
at an industrial plant. The term does not include discharges from facilities or
activities excluded from the VPDES program under 9VAC25-31. For the categories
of industries identified in the "industrial activity" definition, the
term includes, but is not limited to, stormwater discharges from industrial
plant yards; immediate access roads and rail lines used or traveled by carriers
of raw materials, manufactured products, waste material, or by-products used or
created by the mineral mine; material handling sites; refuse sites; sites used
for the application or disposal of process wastewaters; sites used for the
storage and maintenance of material handling equipment; sites used for residual
treatment, storage, or disposal; shipping and receiving areas; manufacturing
buildings; storage areas (including tank farms) for raw materials, and
intermediate and finished products; and areas where industrial activity has
taken place in the past and significant materials remain and are exposed to stormwater.
For the purposes of this paragraph, material handling activities include the
storage, loading and unloading, transportation, or conveyance of any raw
material, intermediate product, finished product, by-product or waste product.
The term excludes areas located on plant lands separate from the plant's
industrial activities, such as office buildings and accompanying parking lots
as long as the drainage from the excluded areas is not mixed with stormwater
drained from the above described areas.
"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.
[ "Twenty-five-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/equipment washing" "Vehicle
or equipment degreasing" means the washing with detergents or
steam cleaning of engines of a vehicle or piece of equipment and other
drive components in which the purpose is to clean and degrease and clean
petroleum products from the equipment for maintenance and other purposes.
The application of water without detergent to a Washing the
vehicle exterior for the purpose of removing sediment is excluded not
considered vehicle or equipment degreasing.
9VAC25-190-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the U.S. Environmental Protection Agency set forth in Title 40 of the Code of Federal Regulations is referenced or adopted herein and incorporated by reference that regulation shall be as it exists and has been published as of July 1, 2013.
9VAC25-190-20. Purpose; delegation of authority; effective date of permit.
A. The purpose of this chapter is to establish General Permit Number VAG84 to regulate wastewater discharge from nonmetallic mineral mines as follows:
1. For active and inactive nonmetallic mineral mining facilities in SIC Major Group 14, this general permit covers discharges composed entirely of stormwater associated with industrial activity.
2. This general permit authorizes the discharge of process wastewater
as well as stormwater associated with industrial activity from active and
inactive mineral mines classified under
Standard Industrial Classification
SIC Codes 1411, 1422, 1423, 1429, 1442, 1455, 1459 excluding bentonite and
magnesite mines, 1475, and 1499 excluding gypsum, graphite, asbestos,
diatomite, jade, novaculite, wollastonite, tripoli or asphaltic mineral mines.
3. Coal mining, metal mining, and oil and gas extraction are not covered by this general permit.
B. The director, or an authorized representative, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 1,
2014, and will expire five years after the effective date June
30, 2019. For any covered owner, this general permit is effective upon
compliance with all the provisions of 9VAC25-190-50 and the receipt of this
9VAC25-190-50. Authorization to discharge.
A. Any owner governed by this general permit is authorized
this to discharge process wastewater and stormwater as described in
9VAC25-190-20 A 1 and 2 to surface waters of the Commonwealth of Virginia provided
that the owner files a registration statement as described in 9VAC25-190-60
that is accepted by the board, files the required permit fee, complies with the
effluent limitations and other requirements of 9VAC25-190-70, and provided
1. The owner submits a registration statement in accordance with 9VAC25-190-60, 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 9VAC25-190-70;
4. The owner has a mineral mining permit for the operation to be covered by this general permit that has been approved by the Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining (or an associated waivered program, locality, or state agency) under provisions and requirements of Title 45.1 of the Code of Virginia. Mineral mines located in bordering states with discharges in Virginia shall provide documentation that they have a mining permit from the appropriate state authority. Mineral mines owned and operated by governmental bodies not subject to the provisions and requirements of Title 45.1 of the Code of Virginia are exempt from this requirement; and
5. 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
shall not have been is required to
obtain an individual permit as may be required in the VPDES permit
regulation (9VAC25-31). in accordance with 9VAC25-31-170 B 3 of the
VPDES Permit Regulation;
2. The owner
shall not be authorized by this general permit
is proposing to discharge to state waters specifically named in other
board regulations or policies which that prohibit such discharges .; 3. The owner shall have a mineral mining permit for the
operation to be covered by this general permit which has been approved by the
Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining
(or associated waivered program, locality or state agency) under provisions and
requirements of Title 45.1 of the Code of Virginia. Mineral mines located in
bordering states with discharges in Virginia shall provide documentation that
they have a mining permit from the appropriate state authority. Mineral mines
owned and operated by governmental bodies not subject to the provisions and
requirements of Title 45.1 of the Code of Virginia are exempt from this
requirement. 4. The owner shall implement pollution control measures
necessary to comply with the conditions and limitations of this general permit
including, but not limited to, the installation, operation and maintenance of
sediment control structures. 5. The owner shall not be authorized by this general permit
to discharge to waters for which a "total maximum daily load" (TMDL)
allocation has been established by the board and approved by EPA prior to the
term of this permit, unless the owner develops, implements and maintains a stormwater
pollution prevention plan (SWPPP) that is consistent with the assumptions and
requirements of the TMDL. This only applies where the facility is a source of
the TMDL pollutant of concern.
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.
B. The board shall deny coverage under this general permit
to any owner with discharge or stormwater discharge-related activities which
the board determines cause, may reasonably be expected to cause, or may be
contributing to a violation of water quality standards, including discharges or
discharge-related activities that are likely to adversely affect aquatic life.
Receipt of Compliance with this general permit
constitutes compliance with the federal Clean Water Act 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.
1. Any owner that was authorized to discharge under the
nonmetallic mineral mining general permit issued in 2009 and that submits a
complete registration statement [
on or ] before
July 1, 2014, is authorized to continue to discharge under the terms of the
2009 general permit 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 coverage under the 2009 general permit 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 coverage under the 2009 continued general permit 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).
9VAC25-190-60. Registration statement.
The owner shall file a complete general VPDES permit
registration statement, which will serve as a notice of intent for coverage
under the general permit for nonmetallic mineral mining. Any owner proposing a
new discharge shall file the registration statement at least 30 days prior to
the date planned for operation of the mineral mine. Any owner of an existing
mineral mine covered by an individual VPDES permit who is proposing to be
covered by this general permit shall file the registration statement at least
180 days prior to the expiration date of the individual VPDES permit. Any owner
of an existing mineral mine covered by the general VPDES permit for nonmetallic
mineral mining that became effective on June 30, 1999, who wishes to remain
covered by this general permit shall file a new registration statement in
accordance with the general permit requirements in order to avoid a lapse in
coverage. Any owner of an existing mineral mine not currently covered by a VPDES
permit who is proposing to be covered by this general permit shall file the
registration statement. The required registration statement shall contain the
following information: A. The 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 nonmetallic mineral mining
1. New facilities. Any owner proposing a discharge shall submit a complete registration statement at least 45 days prior to the date planned for commencement of the discharge.
2. Existing facilities.
a. Any owner covered by an individual VPDES permit that is proposing to be covered by this general permit shall submit a complete registration statement at least 210 days prior to the expiration date of the individual VPDES permit.
b. Any owner that was authorized to discharge under the VPDES general permit for nonmetallic mineral mining that became effective on July 1, 2009, and that intends to continue coverage under this general permit shall submit a complete registration statement to the board on or before April 1, 2014.
B. Late registration statements. Registration statements
for existing facilities covered under subdivision A 2 b of this section will be
accepted after [
July 1 June 30 ], 2014,
but authorization to discharge will not be retroactive. Owners described in
subdivision A 2 b of this section that submit registration statements after
April 1, 2014, are authorized to discharge under the provisions of
9VAC25-190-50 D if a complete registration statement is submitted [ on
or ] before July 1, 2014.
C. The required registration statement shall contain the following information:
name, owner and operator or other contact
name, mailing address, email address, and telephone number;
Project Facility name, county, location,
latitude, and longitude;
3. Description of mining activity;
4. Primary and secondary SIC codes;
5. Discharge information including:
a. A list of outfalls identified by outfall numbers;
b. Characterization of the type of each listed outfall's discharge as either process wastewater, stormwater, or process wastewater commingled with stormwater;
c. Characterization of the source of each listed outfall's
discharge as either mine pit dewatering, stormwater associated with industrial
activity (see definition in
9VAC25-115-10) 9VAC25-190-10), stormwater
not associated with industrial activity, ground water infiltration, wastewater
from vehicle and/or equipment washing activities vehicle or equipment
degreasing activities, vehicle washing and return water from operations where
mined material is dredged, mined material washing, noncontact cooling
water, miscellaneous plant cleanup wastewater, colocated facility discharges
(identify the colocated facility), other discharges not listed here (describe),
or any combination of the above;
d. The receiving stream, including wetlands for each outfall listed;
e. The latitude and longitude for each outfall listed; and
f. Indicate which stormwater outfalls will be representative outfalls that require a single discharge monitoring report (DMR). For stormwater outfalls that are to be represented by other outfall discharges, provide a description of the activities associated with those outfalls and explain why they are substantially the same as the representative outfall to be sampled;
6. Indicate if the facility has a current VPDES permit and the permit number if it does;
7. Description of wastewater treatment or reuse/recycle systems or both;
8. List of any chemicals added to water that could be discharged;
9. List of colocated facilities;
10. Indicate if the facility is a hazardous waste treatment, storage or disposal facility;
11. Schematic drawing showing water flow from source to water-using industrial operations to waste treatment and disposal, and disposal of any solids removed from wastewater;
12. Aerial photo or scale map that clearly shows the property boundaries, plant site, drainage areas associated with each outfall, locations of all mine pit dewatering, existing, significant sources of materials exposed to precipitation, stormwater or process wastewater outfalls and the receiving streams;
13. Evidence that the operation to be covered by this general permit has a mining permit that has been approved by the Virginia Department of Mines, Minerals and Energy, Division of Mineral Mining (or associated waivered program) under the provisions and requirements of Title 45.1 of the Code of Virginia (or appropriate bordering state authorization). Mineral mines owned and operated by governmental bodies not subject to the provisions and requirements of Title 45.1 of the Code of Virginia are exempt from this requirement;
14. Mining permit number;
Indicate if the facility discharge stormwater into a
Municipal Separate Storm Sewer System (MS4). If yes, state the name of the MS4
operator. Whether the permitted outfall will discharge to a municipal
separate storm sewer system (MS4). If so, provide the name of the MS4 owner.
The 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. The notification
shall include the following information: the name of the facility, a contact
person and phone number, the location of the discharge, the nature of the
discharge, and the facility's VPDES general permit number [ ; ]
16. 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 [
.; ] 16. The owner shall not be authorized by this general permit
unless the discharge complies with Virginia's antidegradation policy in the
Water Quality Standards at 9VAC25-260-30. The department will notify the
applicant if authorization to discharge under this general permit will not
comply with the antidegradation requirements set forth in 9VAC25-260-30.
17. Monitoring data to determine compliance with
9VAC25-260-310 m (Chickahominy special standards) as per Part I B 14 of this
[ 18. Provide certification that the process water system is designed to operate as "no discharge" if special condition Part I B 17 is to apply to the facility. Identify the emergency outfall number; and ]
17. [ 18. 19. ] The
"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 9VAC25-31-110.
E. Where to submit. The registration statement may be delivered to the department by either postal or electronic mail and shall be submitted to the DEQ regional office serving the area where the industrial facility is located.
Termination of permit coverage. (Repealed.) A. The owner may terminate coverage under this general
permit by filing a complete notice of termination. The notice of termination
may be filed after one or more of the following conditions have been met: 1. Operations have ceased at the facility and there are no
longer discharges of storm water associated with industrial activity from the
facility; 2. A new owner has assumed responsibility for the facility
(NOTE: A notice of termination does not have to be submitted if a VPDES Change
of Ownership Agreement form has been submitted); or 3. All storm water discharges associated with industrial
activity have been covered by an individual VPDES permit. B. The notice of termination shall contain the following
information: 1. Owner's name, mailing address and telephone number; 2. Facility name and location; 3. VPDES industrial storm water general permit number; 4. The basis for submitting the notice of termination,
including: a. A statement indicating that a new owner has assumed
responsibility for the facility; b. A statement indicating that operations have ceased at
the facility and there are no longer discharges of storm water associated with
industrial activity from the facility; c. A statement indicating that all storm water discharges
associated with industrial activity have been covered by an individual VPDES
permit; or d. A statement indicating that termination of coverage is
being requested for another reason (state the reason); and 5. The following certification: "I certify under
penalty of law that all storm water discharges associated with industrial
activity from the identified facility that are authorized by this VPDES general
permit have been eliminated, or covered under a VPDES individual permit, or
that I am no longer the owner of the industrial activity, or permit coverage
should be terminated for another reason listed above. I understand that by
submitting this notice of termination, that I am no longer authorized to
discharge storm water associated with industrial activity in accordance with
the general permit, and that discharging pollutants in storm water associated
with industrial activity to surface waters is unlawful where the discharge is
not authorized by a VPDES permit. I also understand that the submittal of this
notice of termination does not release an owner from liability for any
violations of this permit or the Clean Water Act." C. The notice of termination shall be signed in accordance
with 9VAC25-190-70, Part III K. D. The notice of termination shall be submitted to the DEQ
regional office serving the area where the industrial facility is located.
9VAC25-190-70. General permit.
Any owner whose registration statement is accepted by the board will receive coverage under the following permit and shall comply with the requirements in it and be subject to all requirements of the VPDES permit regulation, 9VAC25-31.
General Permit No.: VAG84
July 1, 2009 July 1, 2014
June 30, 2014 June 30, 2019
GENERAL PERMIT FOR NONMETALLIC MINERAL MINING
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as
amended, and pursuant to the State Water Control Law and regulations adopted
pursuant to it, owners of nonmetallic mineral mines are authorized to discharge
to surface waters within the boundaries of the Commonwealth of Virginia, except
those specifically named in board regulations
or policies which that
prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, Part I - Effluent Limitations
Requirements, and Special Conditions, Part II - Stormwater Management,
and Part III - Conditions Applicable to All VPDES Permits, as set forth herein.
Effluent Limitations [
and, ] Monitoring Requirements
[ , and Special Conditions ]
A. Effluent limitations and monitoring requirements.
1. 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 and commingled stormwater associated with industrial activity from outfall(s).
Such discharges shall be limited and monitored by the permittee as specified below:
Total Suspended Solids (mg/l)
pH (standard units)(2)
Total Petroleum Hydrocarbons (mg/l)
NL = No Limitation, monitoring required
NA = Not Applicable
(1)Discharge Monitoring Reports (DMRs) of quarterly monitoring shall be submitted to the DEQ regional office no later than the 10th day of April, July, October, and January.
(2)Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, those standards shall be the minimum and maximum pH effluent limits.
(3)Monitoring for total petroleum hydrocarbons is only required for outfalls that contain process wastewater from vehicle or equipment degreasing activities. Total petroleum hydrocarbons shall be analyzed using EPA SW-846 Method 8015 B (1996), 8015C (2000), 8015C (2007), 8015 D (2003) for diesel range organics, or EPA 40 CFR 136.
2. There shall be no discharge of floating solids or visible
foam in other than trace amounts. 3. 2. During the period beginning with the
permittee's coverage under the general permit and lasting until the permit's
expiration date, the permittee is authorized to discharge stormwater associated
with industrial activity [ which that ] does not
combine with other wastewaters prior to discharge from outfall(s).
Such discharges shall be limited and monitored by the permittee as specified below:
Total Suspended Solids (mg/l)
pH (standard units)
NL = No Limitation, monitoring required
NA = Not applicable
(1)Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) shall be submitted to the DEQ regional office no later than the 10th day of January.
(3)Refer to Part I B
4. All samples taken to meet the monitoring requirements
specified above in Part I A 3 shall be collected on a storm event that results
in an actual discharge (defined as a "measurable storm event") that
follows the preceding measurable storm event by at least 72 hours (three days).
The 72-hour (three-day) storm interval does not apply if the permittee is able
to document that less than a 72-hour (three-day) interval is representative for
local storm events during the sampling period. The grab sample shall be taken
during the first 30 minutes of the stormwater discharge. If the collection of a
grab sample during the first 30 minutes is impracticable, a grab sample can be
taken during the first hour of the discharge, and the permittee shall submit
with the monitoring report a description of why a grab sample during the first
30 minutes was impracticable. In the case of snowmelt or a discharge from a stormwater
settling lagoon, a representative sample shall be taken at the time the
B. Special conditions.
1. Vehicles and equipment utilized during the industrial
activity on a site must be operated and maintained in such a manner as to
prevent the potential or actual point source pollution of the surface or
groundwaters of the state. 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 groundwaters of the state and in accordance with
the applicable state and federal disposal regulations. Any spilled fluids shall
be cleaned up
to the maximum extent practicable and disposed of in a manner
so as not to allow their entry into the surface or groundwaters of the state.
2. No sewage shall be discharged from this mineral mining activity except under the provisions of another VPDES permit specifically issued for that purpose.
3. There shall be no chemicals added to the discharge, other than those listed on the owner's approved registration statement.
4. The permittee shall submit a new registration statement if the mining permit approved by the Division of Mineral Mining (or associated waivered program, or bordering state mine authority) is modified or reissued in any way that would affect the outfall location or the characteristics of a discharge covered by this general permit. Government owned and operated mines without mining permits shall submit the registration statement whenever outfall location or characteristics are altered. The new registration statement shall be filed within 30 days of the outfall relocation or change in the characteristics of the discharge.
5. The permittee shall notify the department as soon as they know or have reason to believe:
a. That any activity has occurred or will occur [
that ] would result in the discharge, on a routine or frequent
basis, of any toxic pollutant [ 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);
(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur [
that ] would result in any discharge, on a nonroutine or infrequent
basis, of a toxic pollutant [ which that ] 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);
(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.
6. This permit shall be modified, or alternatively revoked
and reissued, to comply with any applicable effluent standard or limitation or
prohibition for a pollutant which is promulgated or approved under
§ 307(a)(2) of the federal Clean Water Act, if the effluent standard or
limitation so issued or approved: a. Is more stringent than any effluent limitation on the
pollutant already in the permit; or b. Controls any pollutant not limited in the permit. 7. 6. 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, by-product or wastes, shall be
handled, disposed of, or stored so as to permit a discharge of such product,
materials, industrial wastes, or other wastes to state waters. 8. 7. There shall be no discharge of process wastewater
pollutants from colocated asphalt paving materials operations. For the purposes
of this special condition, process wastewater pollutants are any pollutants
present in water used in asphalt paving materials manufacturing [ which
that ] come into direct contact with any raw materials,
intermediate product, by-product or product related to the asphalt paving
materials manufacturing process. 9. 8. Process water may be used on site for the
purpose of dust suppression. Dust suppression shall be carried out as a best
management practice but not as a wastewater disposal method provided that
ponding or direct runoff run-off from the site does not occur
during or immediately following its application. 10. 9. Process water from mine dewatering may be
provided to local property owners for beneficial agricultural use. 11. Vehicle/equipment washing shall include washing with
detergents or steam cleaning of engines and other drive components in which the
purpose is to clean and decrease the equipment for maintenance and other
purposes. The application of water without detergent to a vehicle exterior for
the purpose of removing is excluded.
10. There shall be no discharge of floating solids or
visible foam in other than trace amounts [ from process water
discharges ]. There shall be no solids deposition or oil sheen from
petroleum products [
in discharged to ] surface
water as a result of the industrial activity [ in the vicinity
of the outfall ]. 12. 11. The permittee shall report at least two
significant digits for a given parameter. Regardless of the rounding convention
used (i.e., [ 5 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. 13. 12. Stormwater monitoring total suspended
solids (TSS) Evaluation. Permittees that monitor stormwater associated with
industrial activity [ which that ] does not combine
with other wastewaters prior to discharge shall review the results of the TSS
monitoring required by Part I A 3 2 to determine if changes to
the stormwater pollution prevention plan (SWPPP) may be necessary. If the TSS
monitoring results are greater than the evaluation value of 100 mg/l, then the
permittee shall perform the inspection and maintain documentation as described
in Part II H 3 d for that outfall. Any deficiencies noted during the inspection
shall be corrected in a timely manner. 14. 13. Discharges to waters subject to TMDL wasteload
allocations. Facilities Owners of facilities that are a source of
the specified pollutant of concern to waters for which a total maximum daily
load (TMDL) wasteload allocation has been established by the board and
approved by EPA prior to the term of this permit shall incorporate
measures and controls into the SWPPP required by Part II that are consistent
with the assumptions and requirements of the TMDL. The department will provide
written notification to the owner that a facility is subject to the TMDL
requirements. If the TMDL establishes a numeric wasteload allocation that
applies to discharges from the facility, the owner shall perform any required
monitoring in accordance with Part I A and implement measures necessary to meet
14. Discharges in the entire Chickahominy watershed above Walker's Dam (excluding discharges consisting solely of stormwater) shall also meet the effluent limitations in 9VAC25-260-310 m (special standards and requirements) of the January 6, 2011, water quality standards regulation. These limitations are BOD5 (6.0 mg/l average and 8.0 mg/l maximum), total suspended solids (TSS) (5.0 mg/l average and 7.5 mg/l maximum), total phosphorus (0.10 mg/l average), ammonia as nitrogen (2.0 mg/l average), and settleable solids (0.1 mg/l average). These parameters, except for TSS, shall be monitored once per calendar year and the data submitted with the next registration statement (for the 2019 reissuance). TSS data shall be monitored and submitted with the Part I A DMR.
There shall be no discharge or stormwater
discharge-related activities that cause or contribute to a violation of water
quality standards or that adversely affect aquatic life. The discharges
authorized by this permit shall be controlled as necessary to meet applicable
water quality standards.
16. Inactive and unstaffed facilities (including temporarily inactive sites).
a. A waiver of the process and stormwater monitoring and routine inspections may be exercised by the board at a facility that is both inactive and unstaffed as long as the facility remains inactive and unstaffed. Such a facility is required to conduct an annual comprehensive site inspection in accordance with the requirements in Part II H 4. No DMR reports will be required to be submitted when a facility is approved as inactive and unstaffed.
b. An inactive and unstaffed sites waiver request shall be submitted to the board for approval and shall include the name of the facility; the facility's VPDES general permit registration number; a contact person, phone number, and email address (if available); the reason for the request; and the date the facility became or will become inactive and unstaffed. The waiver request shall be signed and certified in accordance with Part III K. If this waiver is granted, a copy of the request and the board's written approval of the waiver shall be maintained with the SWPPP.
c. To reactivate the site the permittee shall notify the department within 30 days [ or an alternate timeframe if written approval is received in advance from the board ], and all process and stormwater monitoring and routine inspections shall be resumed 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.
d. The board retains the authority to revoke this waiver when it is determined that the discharge causes, has a reasonable potential to cause, or contributes to a water quality standards violation.
[ 17. Process water systems designed to operate as "no discharge" shall have no discharge of wastewater or pollutants, except in 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. These discharges 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. 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. ]
17. 18. ] Notice of
a. The owner may terminate coverage under this general permit by filing a complete notice of termination. The notice of termination may be filed after one or more of the following conditions have been met:
(1) Operations have ceased at the facility and there are no longer discharges of process wastewater or stormwater associated with the industrial activity;
(2) A new owner has assumed responsibility for the facility (NOTE: A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted);
(3) All discharges associated with this facility have been covered by an individual VPDES permit or an alternative VPDES permit; or
(4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed.
b. The notice of termination shall contain the following information:
(1) Owner's name, mailing address, telephone number, and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the facility; and
(4) The basis for submitting the notice of termination, including:
(a) A statement indicating that a new owner has assumed responsibility for the facility;
(b) A statement indicating that operations have ceased at the facility, 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 wastewater and stormwater discharges from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual or alternative permit, or that I am no longer the owner of the facility, or permit coverage should be terminated for another reason listed above. I understand that by submitting this notice of termination, that I am no longer authorized to discharge nonmetallic mineral mining wastewater or 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.
A. Recording of results. 1. Additional information. In addition to any reporting
requirements of Part III, for each measurement or sample taken pursuant to the
storm event monitoring requirements of this permit, the permittee shall record
and report with the discharge monitoring report the following information: a. The date and duration (in hours) of the storm events
sampled; and b. The rainfall measurements or estimates (in inches) of
the storm event which generated the sampled discharge. 2. Additional reporting. In addition to filing copies of
discharge monitoring reports in accordance with Part III, permittees with at
least one stormwater discharge associated with industrial activity through a
large or medium municipal separate storm sewer system (systems serving a
population of 100,000 or more) or a municipal system designated by the board
must submit signed copies of discharge monitoring reports to the operator of
the municipal separate storm sewer system at the same time.
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. In the case of snowmelt or a discharge from a stormwater management structure (a series of settling lagoons), a representative sample shall be taken at the time the discharge occurs.
b. For all other types of stormwater discharges, 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 "measurable 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 discharge monitoring report (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 three hours of discharge provided that the permittee explains with the DMR why a grab sample during the first 30 minutes was impracticable.
B. Representative discharge. When a facility has two or more
exclusively stormwater outfalls that the permittee reasonably believes
discharge substantially identical effluents, based on a consideration of similarity
of industrial activity, significant materials, and management practices and
activities within the area drained by the outfalls, then the permittee may
submit information with the registration statement substantiating the request
for only one DMR to be issued for the outfall to be sampled that represents one
or more substantially identical outfalls. Also the permittee
list on the discharge monitoring report DMR of the outfall to be
sampled all outfall locations that are represented by the discharge.
waiver waivers. 1. Adverse
conditions. When a permittee is unable to collect samples within a specified
sampling period due to adverse climatic conditions, the permittee shall collect
a substitute sample from a separate qualifying event in the next period and
submit these data along with the data for the routine sampling in that period.
When a permittee is unable to conduct stormwater monitoring within the
specified sampling period due to no measurable storm event or adverse weather
conditions, documentation shall be submitted explaining the permittee's
inability to conduct the stormwater monitoring. The documentation must include
[ at least four the ] dates and [ the ]
times [ that ] the outfalls were viewed and sampling
was attempted. Adverse weather conditions that 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.) or otherwise make the collection of a sample impracticable
(drought, extended frozen conditions, etc.). Acceptable documentation includes
but is not limited to National Climatic Data Center [ Weather
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. Inactive and unstaffed facilities. When a permittee is
unable to conduct the stormwater sampling required at an inactive and unstaffed
facility, the permittee may exercise a waiver of the monitoring requirements as
long as the facility remains inactive and unstaffed. The permittee must submit
to the department, in lieu of monitoring data, a certification statement on the
discharge monitoring report stating that the facility is inactive and unstaffed
so that collecting a sample during a qualifying event is not possible. The
requirement for a quarterly visual assessment does not apply at a facility that
is inactive and unstaffed, as long as there are no industrial materials or
activities exposed to stormwater.
D. Stormwater pollution prevention plans (SWPPP).
pollution prevention plan shall be developed for each facility covered by this
permit. Stormwater pollution prevention plans shall be prepared in accordance
with good engineering practices. The plan shall identify potential sources of
pollution which may reasonably be expected to affect the quality of stormwater
discharges associated with industrial activity from the facility. In addition,
the plan shall describe and ensure the implementation of practices which are to
be used to reduce the pollutants in stormwater discharges associated with
industrial activity at the facility and to assure compliance with the terms and
conditions of this permit. Facilities must implement the provisions of the stormwater
pollution prevention plan required under this part as a condition of this
permit. An SWPPP shall be developed and implemented for the facility.
The plan shall include 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 stormwater discharges from the facility. The SWPPP shall also
include all control measures necessary for the stormwater discharges to meet
applicable water quality standards.
stormwater pollution prevention plan [ ( ]
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 mine drainage plan as
required by the Virginia Division of Mineral Mining, a spill prevention control
and countermeasure (SPCC) plan developed for the facility under § 311 of
the federal Clean Water Act or best management practices (BMP) BMP
programs otherwise required for the facility provided that the incorporated
plan meets or exceeds the plan requirements of Part II H (contents of plan).
If an erosion and sediment control plan is being incorporated by reference,
it shall have been approved by the locality in which the activity is to occur
or by another appropriate plan-approving authority authorized under the
Virginia Erosion and Sediment Control Regulations, 4VAC50-30. All plans
incorporated by reference into the stormwater pollution prevention plan SWPPP
become enforceable under this permit. If a plan incorporated by reference does
not contain all of the required elements of the stormwater pollution prevention
plan of Part II H, the permittee must develop the missing plan SWPPP
elements and include them in the required stormwater pollution prevention
E. Deadlines for plan preparation and compliance.
1. Existing facilities and new facilities that begin
operation on or before July 1, 2009, shall prepare and implement a plan
incorporating the stormwater pollution prevention plan requirements of this
permit, if not included in an existing plan, as expeditiously as practicable,
but not later than July 1, 2010. Existing stormwater pollution prevention plans
being implemented as of July 1, 2009 shall continue to be implemented until a
new plan is developed and implemented. 2. Facilities that begin operation after July 1, 2009, shall
prepare and implement a plan incorporating the requirements of this permit
prior to submitting the registration statement.
1. Owners of existing facilities that were covered under the 2009 Nonmetallic Mineral Mining General Permit that are continuing coverage under this general permit shall update and implement any revisions to the SWPPP within 90 days of the board granting coverage under this permit.
2. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit that elect to be covered under this general permit shall prepare and implement the SWPPP prior to submitting the registration statement.
3. 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 ownership change.
4. Upon a showing of good cause, the director may establish a later date in writing for the preparation and compliance with the SWPPP.
F. Signature and plan review.
plan SWPPP shall be signed in accordance
with Part III K (signatory requirements), and be retained on-site on
site at the facility covered by this permit in accordance with Part III B
(records) of this permit. When there are no on-site buildings or offices in
which to store the plan, it shall be kept at the nearest company office.
2. The permittee shall make the
prevention plan SWPPP, annual site compliance inspection report, or
other information available to the department upon request.
3. The director, or an authorized representative, may notify
the permittee at any time that the
plan does SWPPP, BMPs, or other
components of the facility's stormwater program do not meet one or more of
the minimum requirements of this part. Such notification shall identify those
specific provisions of the permit which that are not being
met by the plan, and identify which provisions of the plan require
modifications in order to meet the minimum requirements of this part and
may include required modifications to the 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, or an authorized representative, the permittee shall make the
required changes to the plan and shall submit to the department a written
certification that the requested changes have been made.
Keeping plans current. The permittee shall amend the
plan whenever there is a change in design, construction, operation, or
maintenance, which has a significant effect on the potential for the discharge
of pollutants to surface waters of the state or if the stormwater pollution
prevention plan proves to be ineffective in eliminating or significantly
minimizing pollutants from sources identified under Part II H 2 (description of
potential pollutant sources) of this permit, or in otherwise achieving the
general objectives of controlling pollutants in stormwater discharges associated
with industrial activity. New owners shall review the existing plan and make
appropriate changes. Amendments to the plan may be reviewed by the department
in the same manner as described in Part II F. Maintaining an updated
SWPPP. The permittee shall review and amend the SWPPP as appropriate whenever:
1. 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;
2. Routine inspections or compliance evaluations determine that there are deficiencies in the BMPs;
3. Inspections by local, state, or federal officials determine that modifications to the SWPPP are necessary;
4. There is a spill, leak, or other release at the facility; or
5. There is an unauthorized discharge from the facility.
SWPPP modifications shall be made within 30 calendar days after discovery, observation, or an event requiring an SWPPP modification. Implementation of new or modified BMPs (distinct from regular preventive maintenance of existing BMPs described in Part II H 3 b (preventative maintenance) 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.
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.
H. Contents of plan. The plan shall include, at a minimum, the following items:
1. Pollution prevention team.
Each plan shall identify a
specific individual or individuals within the facility organization as members
of a stormwater pollution prevention team that are responsible for developing the
stormwater pollution prevention plan and assisting the facility or plant
manager in its implementation, maintenance, and revision. The plan shall
clearly identify the responsibilities of each team member. The activities and
responsibilities of the team shall address all aspects of the facility's stormwater
pollution prevention plan. Each plan shall identify the staff
individuals by name or title who comprise the facility's stormwater pollution prevention
team. The pollution prevention team is responsible for assisting the facility
or plant manager in developing, implementing, maintaining, revising, and
ensuring compliance with the facility's SWPPP. Specific responsibilities of
each staff individual on the team shall be identified and listed.
Description of potential pollutant sources. Each plan
shall provide a description of potential sources which may reasonably be
expected to add significant amounts of pollutants to stormwater discharges or
which may result in the discharge of pollutants during dry weather from
separate storm sewers draining the facility. Each plan shall identify all
activities and significant materials which may potentially be significant
pollutant sources. Each plan shall include, at a minimum: Summary of
potential pollutant sources. The plan shall identify where industrial materials
or activities at the facility are exposed to stormwater. The description shall
Drainage. Site map. The site map shall document:
A site map indicating an An outline of the portions
of the drainage area of each stormwater outfall that are within the
facility boundaries, each existing structural control measure to reduce
pollutants in stormwater run-off, surface water bodies, locations where significant
materials are exposed to precipitation, locations where major spills or leaks
identified under Part II H 2 c (spills and leaks) of this permit have occurred,
and the locations of the following activities where such activities are exposed
to precipitation: fueling stations, vehicle and equipment maintenance and/or
or equipment degreasing, cleaning areas, loading/unloading areas,
locations used for the treatment, storage or disposal of wastes and
wastewaters, liquid storage tanks, processing areas and storage areas. The map
must indicate all outfall locations. The types of discharges contained in the
drainage areas of the outfalls must be indicated either on the map or in an
(2) For each area of the facility that generates stormwater
discharges associated with industrial activity with a
potential for containing significant amounts of pollutants, a prediction of
the direction of flow, locations of stormwater conveyances, including
ditches, pipes, swales, and inlets, and the directions of stormwater flow
and an identification of the types of pollutants which that are
likely to be present in 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 stormwater;
and history of significant leaks or spills or leaks of toxic or
hazardous pollutants. Flows with a significant potential for causing
erosion shall be identified.
b. Inventory of exposed materials.
An inventory of the
types of materials handled at the site that potentially may be exposed to
precipitation. Such inventory shall include a narrative description of
significant materials that have been handled, treated, stored or disposed in a
manner to allow exposure to stormwater between the time of three years prior to
the date of coverage under this general permit and the present; method and
location of on-site storage or disposal; materials management practices
employed to minimize contact of materials with stormwater run-off between the
time of three years prior to the date of coverage under this general permit and
the present; the location and a description of existing structural and
nonstructural control measures to reduce pollutants in stormwater run-off; and
a description of any treatment the stormwater receives. A list of the
industrial materials or activities, including but not limited to material
handling equipment or activities, industrial machinery, raw materials,
industrial production and processes, intermediate products, by-products, 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.
c. 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 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
d. Sampling data. A summary of existing
data describing pollutants in stormwater discharges from the facility,
including a summary of sampling data collected during the term of this permit.
stormwater sampling data taken at the facility. The summary shall include,
at a minimum, any data collected during the previous three years. e. Risk identification and summary of potential pollutant
sources. A narrative description of the potential pollutant sources from the following
activities: loading and unloading operations; outdoor storage activities;
outdoor manufacturing or processing activities; significant dust or particulate
generating processes; and on-site waste disposal practices. The description
shall specifically list any significant potential source of pollutants at the
site and for each potential source, any pollutant or pollutant parameter (e.g.,
biochemical oxygen demand, etc.) of concern shall be identified.
Measures and controls. Each facility covered by this
permit shall develop a description of stormwater management controls
appropriate for the facility, and implement such controls. The appropriateness
and priorities of controls in a plan shall reflect identified potential sources
of pollutants at the facility. Stormwater controls. BMPs shall be
implemented for all areas identified in Part II H 2 b (inventory of exposed
materials) to prevent or control pollutants in 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 stormwater. The description
of stormwater management controls BMPs shall also address the
following minimum components, including a schedule for implementing such
a. Good housekeeping. Good housekeeping requires the
maintenance of areas [
which that ] may contribute
pollutants to stormwater discharges in a clean, orderly manner. The plan shall
describe procedures performed to minimize contact of materials with stormwater
run-off. 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 areas.
b. Preventive maintenance. A preventive maintenance program
timely inspection and maintenance of stormwater management
devices (e.g., cleaning oil/water separators, catch basins) as well as
inspecting and testing facility regular inspection, testing,
maintenance, and repairing of all industrial equipment and systems to uncover
conditions that could cause avoid breakdowns or failures resulting
in discharges of pollutants to surface waters, and ensuring appropriate
maintenance of such equipment and systems. that could result in leaks,
spills, and other releases. All BMPs identified in the SWPPP shall be
maintained in effective operating condition. The SWPPP shall include a
description of procedures and a regular schedule for preventive maintenance and
observation of all BMPs and shall include a description of the back-up
practices that are in place should a run-off event occur while a BMP is off
line or not operating effectively. The effectiveness of nonstructural BMPs
shall also be maintained by appropriate means (e.g., spill response supplies
available and personnel trained). If site inspections required by Part II H 3 d
(routine facility inspections) or Part II H 4 (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.
Documentation shall be kept with the SWPPP of maintenance and repairs of BMPs,
including the date(s) of regular maintenance, date(s) of discovery of areas in
need of repair or replacement, date(s) for repairs, date(s) that the BMP(s)
returned to full function, and the justification for an extended maintenance or
repair schedules. The maintenance program shall require periodic removal of
debris from discharge diversions and conveyance systems. Permittees using
settling basins to control their effluents must provide maintenance schedules
for such basins in the pollution prevention plan.
c. Spill prevention and response procedures.
potential spills which can contribute pollutants to stormwater discharges can
occur, and their accompanying drainage points shall be identified clearly in
the stormwater pollution prevention plan. Where appropriate, specifying
material handling procedures, storage requirements, and use of equipment such
as diversion valves in the plan should be considered. Procedures for cleaning
up spills shall be identified in the plan and made available to the appropriate
personnel. The necessary equipment to implement a clean up should be available
to personnel. The plan shall describe the procedures that will be
followed for preventing and responding to spills and leaks, including barriers
between material storage and traffic areas, secondary containment provisions,
procedures for material storage and handling, response procedures for
notification of appropriate facility personnel, emergency agencies, and
regulatory agencies and 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. 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.
Inspections. Routine facility inspections.
(1) Facility personnel who are familiar with the mining
activity, the best management practices and the stormwater pollution prevention
plan shall be identified to inspect material storage and handling areas,
including but not limited to areas where aggregate is stockpiled outdoors,
liquid storage tanks, hoppers or silos,
vehicle and equipment maintenance
areas, cleaning and fueling areas, material handling vehicles and designated
material handling vehicles, equipment, and processing areas of
the facility; to inspect vehicle and equipment maintenance areas and
cleaning and fueling areas; to inspect best management practices; and to
conduct visual examinations of stormwater associated with industrial activity.
(2) The inspection frequency shall be specified in the plan based upon a consideration of the level of industrial activity at the facility, but shall be a minimum of quarterly. Inspections of best management practices shall include inspection of stormwater discharge diversions, conveyance systems, sediment control and collection systems, containment structures, vegetation, serrated slopes, and benched slopes to determine their effectiveness, the integrity of control structures, if soil erosion has occurred, or if there is evidence of actual or potential discharge of contaminated stormwater.
Visual Quarterly visual ]
examinations of stormwater discharges associated with industrial activity shall
include examination of stormwater samples representative of storm event
discharges from the facility and observation of color, odor, clarity, floating
solids, settled solids, suspended solids, foam, oil sheen, and other obvious
indicators of stormwater pollution.
(4) Site inspection, best management practices
inspection and visual examination results must be documented and maintained
on-site with the
facility pollution prevention plan SWPPP.
Documentation for visual examinations of stormwater shall include the
examination date and time, examination personnel, outfall location, the nature
of the discharge, visual quality of the stormwater discharge and probable
sources of any observed stormwater contamination. [ Part II A regarding
monitoring instructions, ] Part II B regarding representative
discharges [ , ] and Part II C regarding sampling waivers
shall apply to the taking of samples for visual examination except that (i) the
documentation required by these sections shall be retained with the stormwater
pollution prevention plan SWPPP visual examination records rather
than submitted to the department, and (ii) substitute sampling for waivered
sampling is not required if the proper documentation is maintained.
(5) A set of tracking or followup procedures shall be used to ensure that appropriate actions are taken in response to the inspections.
e. Employee training. Employee training programs shall inform personnel responsible for implementing activities identified in the stormwater pollution prevention plan or otherwise responsible for stormwater management at all levels of responsibility of the components and goals of the stormwater pollution prevention plan. Training should address topics such as spill response, good housekeeping and material management practices. A pollution prevention plan shall identify periodic dates for such training.
f. Recordkeeping and internal reporting procedures. A description of incidents such as spills, or other discharges, along with other information describing the quality and quantity of stormwater discharges shall be included in the plan required under this part. Inspections and maintenance activities shall be documented and records of such activities shall be incorporated into the plan. Ineffective best management practices must be recorded and the date of their corrective action noted.
g. Sediment and erosion control. The plan shall identify areas
which, due to topography, activities, or other factors, have a high
potential for significant soil erosion, and identify structural, vegetative, or
stabilization measures to be used to limit erosion. Permittees must indicate
the location and design for proposed best management practices to be
implemented prior to land disturbance activities. For sites already disturbed
but without best management practices, the permittee must indicate the location
and design of best management practices that will be implemented. The permittee
is required to indicate plans for grading, contouring, stabilization, and
establishment of vegetative cover for all disturbed areas, including road
banks. that, due to topography, land disturbance (e.g., construction,
landscaping, site grading), or other factors, have a potential for soil erosion.
The permittee shall identify and implement structural, vegetative, or
stabilization BMPs to prevent or control on-site and off-site erosion and
h. Management of run-off. The plan shall
narrative consideration of the appropriateness of traditional stormwater
management practices (practices other than those which control the generation
or sources of pollutants) used to divert, infiltrate, reuse, or otherwise
manage stormwater run-off in a manner that reduces pollutants in stormwater
discharges from the site. The plan shall provide that measures that the
permittee determines to be reasonable and appropriate shall be implemented and
maintained. The potential of various sources at the facility to contribute
pollutants to stormwater discharges associated with industrial activity (see
Part II H 2 (description of potential pollutant sources) of this permit) shall
be considered when determining reasonable and appropriate measures. describe
the 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 stormwater discharges from the site.
Appropriate measures may include: vegetative swales and practices, reuse of
collected stormwater (such as for a process or as an irrigation source), inlet
controls (such as oil/water separators), snow management activities,
infiltration devices, and wet detention/retention devices.
4. Comprehensive site compliance evaluation. Facility personnel
who are familiar with the mining activity, the
best management practices and
the stormwater pollution prevention plan BMPs, and the SWPPP shall
conduct site compliance evaluations at appropriate intervals specified in the
plan, but in no case less frequently than once a year for active
sites. When annual compliance evaluations are shown in the plan to be
impractical for inactive mining sites due to remote location and
inaccessibility, site evaluations must be conducted at least once every three
years. Evaluations shall include all areas where industrial materials or
activities are exposed to stormwater as identified in Part II H 2 b (inventory
exposed materials). Such evaluations shall include the following:
a. Areas contributing to a stormwater discharge associated
with industrial activity, including material storage and handling areas
liquid storage tanks; hoppers or silos; vehicle and equipment maintenance,
cleaning, and fueling areas; material handling vehicles; equipment and
processing areas; and areas where aggregate is stockpiled outdoors (e.g.,
areas where aggregate is stockpiled outdoors, liquid storage tanks, hoppers or
silos, material handling vehicles, equipment, and processing areas); vehicle
and equipment maintenance areas and cleaning and fueling areas; off-site
tracking of industrial or waste materials or sediment where vehicles enter or
exit the site; tracking or blowing of raw, final, or waste materials from areas
of no exposure to exposed areas; and residue or trash shall be visually
inspected for evidence of, or the potential for, pollutants entering the
drainage system. Measures to reduce pollutant loadings shall be evaluated to
determine whether they are adequate and properly implemented in accordance with
the terms of the permit or whether additional control measures are needed.
Structural stormwater management measures, sediment and erosion control
measures, and other structural pollution prevention measures identified in the
plan shall be observed to ensure that they are operating correctly. A visual
inspection of equipment needed to implement the plan, such as spill response
equipment, shall be made. A review of training performed, routine
inspections completed, visual examinations completed, maintenance performed,
and effective operation of BMPs, shall be made.
b. Based on the results of the evaluation, the
summary of potential pollutant sources identified in the plan in
accordance with Part II H 2 (description (summary of potential
pollutant sources) of this permit and pollution prevention measures and
controls identified in the plan in accordance with Part II H 3 (measures and
controls) (stormwater controls) of this permit shall be revised as
appropriate within 14 days of such inspection and shall provide for
implementation of any changes to the plan in a timely manner, but in no case
more than 90 days after the inspection.
c. A report summarizing the scope of the inspection, personnel
making the inspection, the dates of the inspection,
relating to the implementation of the stormwater pollution prevention plan
SWPPP, including the elements stipulated in Part II H 4 a, and actions
taken in accordance with Part II H 4 b of this permit shall be made and
retained as required in Part III B (records). The report shall identify any
incidents of noncompliance. Where a report does not identify any incidents of
noncompliance, the report shall contain a certification that the facility is in
compliance with the stormwater pollution prevention plan SWPPP
and this permit. The report shall be signed in accordance with Part III K
(signatory requirements) of this permit and retained as required in Part III B.
d. Where compliance evaluation schedules overlap with inspections required under Part II H 3 d (inspections), the compliance evaluation may be conducted in place of one such inspection.
Conditions Applicable [
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 individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) 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 records of all monitoring information,
including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports
required by this permit, and records of all data used to complete the
registration statement for this permit, for a period of at least three years
from the date of the sample, measurement, report or request for coverage. This
period of retention shall be extended automatically during the course of any
unresolved litigation regarding the regulated activity or regarding control
standards applicable to the permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a discharge monitoring report (DMR) or on forms provided, approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations [
which that ]
require averaging of measurements shall utilize an arithmetic mean unless
otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish to
the department, within a reasonable time, any information [
which that ]
the board may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating coverage under this permit or to determine
compliance with this permit. The board may require the permittee to furnish,
upon request, such plans, specifications, and other pertinent information as
may be necessary to determine the effect of the wastes from his 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, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part III F (unauthorized discharges); or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part III F, shall notify 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 (see NOTE in Part III I),
in no case later than 24 hours, the department
by telephone after the
discovery of the discharge. This notification shall provide all available
details of the incident, including any adverse [ affects effects ]
on aquatic life and the known number of fish killed. The permittee shall reduce
the report to writing and shall submit it to the department within five days of
discovery of the discharge in accordance with Part III I 2. Unusual and
extraordinary discharges include but are not limited to any discharge resulting
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any
which that ] may adversely affect state
waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the
time the permittee becomes aware of the circumstances. The following shall be
included as information [
which that ] shall be
reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset [
which that ] causes a
discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Parts III I 1 or 2, in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part III I 2.
NOTE: The immediate (within 24 hours) reports required in
Parts III G, H and I may be made to the department's regional office. Reports
may be made by telephone
or by fax, 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
J. Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
(1) After promulgation of standards of performance under
§ 306 of the federal Clean Water Act [
which that ]
are applicable to such source; or
(2) After proposal of standards of performance in accordance
with § 306 of the federal 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 permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of
any planned changes in the permitted facility or activity [
which that ]
may result in noncompliance with permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- [ making ] or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other information requested by the board, shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the department prior to or together with any reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under [
Part ] III K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all conditions
of this permit. Any permit noncompliance constitutes a violation of the State
Water Control Law and the federal Clean Water Act, except that noncompliance
with certain provisions of this permit may constitute a violation of the State
Water Control Law but not the federal Clean Water Act. Permit noncompliance is
grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of
a permit renewal application permit
coverage. The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the federal Clean Water Act for
toxic pollutants and with standards for sewage sludge use or disposal
established under § 405(d) of the federal Clean Water Act within the time
provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if this permit has not yet
been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of this permit, the
permittee shall submit a new registration statement at least
days before the expiration date of the existing permit, unless permission for a
later date has been granted by the board. The board shall not grant permission
for registration statements to be submitted later than the expiration date of
the existing permit.
N. Effect of a permit. This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights or any infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to, any other state law or regulation or under authority preserved by § 510 of the federal Clean Water Act. Except as provided in permit conditions 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 permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit [
which 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
ensure efficient operation. These bypasses are not subject to the provisions of
Parts 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 (reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass [
that ] occurred during normal periods of equipment downtime or
preventive maintenance; and
(3) The permittee submitted notices as required under Part III U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed in Part III U 3 a.
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 cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part III I; and
d. The permittee complied with any remedial measures required under Part III S.
3. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The permittee shall allow the director or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring permit compliance or as otherwise authorized by the federal Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits.
1. Permits are not transferable
to any person except after notice to the department. Except as provided in
Part III Y 2, a permit may be transferred by the permittee to a new owner or
operator only if the permit has been modified or revoked and reissued, or a minor
modification made, to identify the new permittee and incorporate such other
requirements as may be necessary under the State Water Control Law and the
federal Clean Water Act. 2. As an alternative to transfers under Part III Y 1,
Coverage under this permit may be automatically transferred to a new
permittee if: a. 1. The current permittee notifies the
department at least 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 department; b. 2. The notice includes a written agreement
between the existing and new permittees containing a specific date for transfer
of permit responsibility, coverage, and liability between them; and c. 3. The board does not notify the existing
permittee and the proposed new permittee of its intent to modify or revoke
and reissue deny the permittee coverage under the permit. If this
notice is not received, the transfer is effective on the date specified in the
agreement mentioned in Part III Y 2 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.
Department of Environmental Quality Water Division Permit
Application Fee (rev. 1/08) Local Government Ordinance Form (eff. 8/93).
Virginia Pollutant Discharge Elimination System General Permit Registration Statement - Nonmetallic Mineral Mining
Virginia Pollutant Discharge Elimination System
General Permit Notice of Termination for Nonmetallic Mineral Mining. ]