Final Text
9VAC25-890-1. Definitions.
The words and terms used in this chapter shall have the
meanings defined in the Virginia Stormwater Management Act (Article 2.3
(§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of
Virginia), this chapter, and 9VAC25-870 unless the context clearly
indicates otherwise, except that for the purposes of this chapter:
"Date brought [ on line" online" ]
means the date when the operator permittee determines that a new
stormwater management facility is properly functioning to meet its designed
pollutant load reduction.
"MS4 Program Plan" means the completed
registration statement and all approved additions, changes and modifications
detailing the comprehensive program implemented by the operator under this
state permit to reduce the pollutants in the stormwater discharged from its
municipal separate storm sewer system (MS4) that has been submitted and
accepted by the department.
"Operator" means the MS4 operator that has been
issued coverage under the General Permit for Discharges of Stormwater from
small municipal separate storm sewer systems.
"High-priority facilities" means facilities owned
or operated by the permittee that actively [ engaged
engage ] in [ one or more of ] the
following activities: (i) composting [ facilities ],
(ii) equipment storage and maintenance [ facilities ],
(iii) materials storage [ yards ], (iv)
pesticide storage [ facilities ], (v) [ storage
for ] public works [ yards ], (vi)
recycling [ facilities ], (vii) salt storage
[ facilities ], (viii) solid waste handling and
transfer [ facilities ], and (ix) vehicle
storage and maintenance [ yards ].
"MS4 regulated service area" or "service area" means for Phase II permittees, the drainage area served by the permittee's MS4 that is located within an urbanized area as determined by the 2010 decennial census performed by the Bureau of the Census. MS4 regulated service area may also be referred to as "served by the MS4" as it pertains to the tables in Part II A of this permit.
"Physically interconnected" means that one MS4 is connected to a second MS4 in such a manner that it allows for direct discharges to the second system.
"Pollutants of concern" or "POC" means pollutants specifically identified in a U.S. Environmental Protection Agency approved total maximum daily load (TMDL) report as causing a water quality impairment.
9VAC25-890-10. Purpose; delegation of authority; effective date of the state permit.
A. This general permit regulation governs point source
stormwater discharges from regulated small municipal separate storm sewer
systems (small MS4s) to surface waters of the Commonwealth of Virginia. Nonmunicipal
stormwater or wastewater discharges are not authorized by this permit except in
accordance with 9VAC25-890-20 [ C D ].
B. This general permit will become effective on [ July
1, 2013 November 1, ] 2018 and will expire five years
from the effective date [ June 30 October 31, ]
2023.
C. The Director of the Department of Environmental Quality, or his designee, may perform any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
9VAC25-890-15. Applicability of incorporated references based on the dates that they became effective.
Except as noted, when a regulation of the United States
U.S. Environmental Protection Agency set forth in the Code of Federal
Regulations Title 40 CFR is referenced and incorporated herein
in this chapter, that regulation shall be as it exists and has been
published in the July 1, 2012 2017, update. [ The final
rule published in the Federal Register on August 28, 2017 (82 FR 40836), which
amends 40 CFR Part 136, is also incorporated by reference in this chapter. ]
9VAC25-890-20. Authorization to discharge.
A. Any operator covered by this general permit is authorized
to discharge stormwater from the small MS4 municipal separate storm
sewer system (MS4) to surface waters of the Commonwealth of Virginia
provided that the:
1. The operator submits a complete and accurate
registration statement in accordance with 9VAC25-890-30 and that registration
statement is accepted by the board,;
2. The operator submits any permit fees required
by 9VAC25-870-700 et seq. (Part XIII), and;
3. The operator complies with the requirements of 9VAC25-890-40; and
4. The board has not notified the [ owner
operator ] that the discharge is ineligible for coverage in
accordance with subsection C of this section.
B. The operator is not authorized by this general permit to discharge to surface waters specifically named in other board regulations that prohibit such discharges.
C. The board will notify an operator that the discharge is not eligible for coverage under this general permit in the event of any of the following:
1. The operator is required to obtain an individual permit in accordance with 9VAC25-870-410 B;
2. The operator is proposing discharges to surface waters specifically named in other board regulations that prohibit such discharges; or
3. The operator fails to implement BMPs [ to
reduce pollutants ] to the [ MEP maximum
extent practicable (MEP) ] standard in order to demonstrate
progress toward meeting the water quality requirements as listed in
9VAC25-31-220 D 1 a [ in accordance with 9VAC25-31-220 K 2 ].
D. Nonstormwater discharges or flows into the small MS4
are authorized by this state permit and do not need to be addressed in the MS4 Program
program required under 9VAC25-890-40, Section II B 3, Part I E
3 if:
1. The nonstormwater discharges or flows are covered by a separate individual or general VPDES or state permit for nonstormwater discharges;
2. The individual nonstormwater discharges or flows have been
identified in writing by the department as de minimis discharges that are
not significant sources of pollutants to surface waters and do not require a
separate VPDES permit;
3. The nonstormwater discharges or flows are identified at
9VAC25-870-400 D 2 c (3) in this subdivision D 3 and have not been
identified by the operator or by the board as significant contributors of
pollutants to the small MS4; or:
a. [ Dechlorinated water Water ]
line flushing [ , managed in a manner to avoid an instream
impact ];
b. Landscape irrigation;
c. Diverted stream flows;
d. Rising groundwaters;
e. Uncontaminated groundwater infiltration, as defined at 40 CFR 35.2005(20);
f. Uncontaminated pumped groundwater;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensation;
j. Irrigation water;
k. Springs;
l. Water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car washing;
p. Flows from riparian habitats and wetlands;
q. Dechlorinated swimming pool discharges;
r. Street wash water;
s. Discharges or flows from firefighting activities;
[ or ]
t. [ Discharges from noncommercial fundraising car washes if the washing uses only biodegradable, phosphate-free, water-based cleaners; or
u. ] Other activities generating discharges identified by the department as not requiring VPDES authorization.
4. The immediate discharge of materials resulting
from a spill is necessary to prevent loss of protect life,
personal injury, or severe property damage as determined
by fire department personnel or emergency management officials or any discharge
in accordance with 9VAC25-31-40. The operator shall take, or ensure that
the responsible party takes, all reasonable steps to minimize or prevent any
adverse effect on human health or the environment. This state permit does not
transfer liability for a spill itself from the party(ies) party
responsible for the spill to the operator nor relieve the party(ies) party
responsible for a spill from the reporting requirements of 40 CFR Part 117 and
40 CFR Part 302.
D. E. In the event the operator is unable to
meet certain conditions of this permit due to circumstances beyond the
operator's control, the operator shall submit a written explanation of the
circumstances that prevented state permit compliance to the department in the
annual report. Circumstances beyond the control of the operator include but
are not limited to abnormal climatic conditions; weather conditions that
make certain requirements unsafe or impracticable; or unavoidable equipment
failures caused by weather conditions or other conditions beyond the reasonable
control of the operator (operator error is not a condition beyond the control
of the operator). The failure to provide adequate program funding, staffing or
equipment maintenance shall not be an acceptable explanation for failure to
meet state permit conditions. The board will determine, at its sole discretion,
whether the reported information will result in an enforcement action.
E. F. Discharges that are excluded from obtaining
a state permit permitting requirements pursuant to 9VAC25-870-300
are exempted from the regulatory requirements of this state permit.
F. Pursuant to 9VAC25-870-400 D 3, for G. For
those portions of a the small MS4 engaging in activities
that are covered under a separate VPDES permit for discharges associated
with industrial stormwater discharges activities, the operator
permittee shall follow the conditions established under by
the separate VPDES permit.
H. Upon termination of separate VPDES permit
coverage for those activities addressed in subsection G of this section,
the discharges from the outfalls previously separate VPDES
authorized outfalls under the VPDES permit for stormwater discharges
associated with industrial activities shall meet the conditions of this
state permit provided it has been determined by the board that an individual
MS4 permit is not required.
G. I. Stormwater discharges from specific MS4 operator
permittee activities that have been granted conditional exclusion for
"no exposure" of industrial activities and materials to stormwater
under the separate VPDES permitting program shall comply with this state permit
unless a separate VPDES permit is obtained. The department is responsible for
determining compliance with the conditional exclusion under the State Water
Control Law and attendant regulations.
H. J. Receipt of this general permit does not
relieve any operator permittee of the responsibility to comply
with any other applicable federal, state or local statute, ordinance or
regulation.
I. K. Continuation of permit coverage.
1. Any operator permittee that was
authorized to discharge under the state permit issued in 2008 effective
July 1, 2013, and that submits a complete registration statement in
accordance with Section III M of 9VAC25-890-40 on or before June 1,
2018, is authorized to continue to discharge under the terms of the 2008
July 1, 2013, state permit until such time as the board either:
1. a. Issues coverage to the operator permittee
under this state permit; or
2. b. Notifies the operator permittee
that the discharge is not eligible for coverage under this state permit.
2. When the permittee is not in compliance with the conditions of the expiring or expired general permit, the board may choose to do any or all of the following:
a. Initiate enforcement action based upon the 2013 general permit;
b. Issue a notice of intent to deny coverage under the new general permit. If coverage under the general permit is denied, the permittee would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a state permit;
c. Issue a new state permit with appropriate conditions; or
d. Take other actions authorized by the VPDES (9VAC25-31) and VSMP (9VAC25-870) regulations.
9VAC25-890-30. State permit application (registration
statement) Registration statement.
A. Deadline for submitting a registration statement.
1. Operators of small MS4s designated described
under 9VAC25-870-400 B, that are applying for initial coverage under
this general permit must submit a complete registration statement to the
department within 180 days of notice of designation, unless the board grants a
later date.
2. In order to continue uninterrupted coverage under the
general permit, operators of small MS4s shall submit a new registration
statement at least 90 days before the expiration date of the existing state
permit no later than June 1, 2018, 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 state permit.
B. Registration statement. The registration statement
shall include the following information:
1. The name and location (county or city name) of the small
MS4 for which the registration statement is submitted;
2. The name, of the owner or operator of the small
MS4;
3. The mailing address of the owner [ of
or ] operator of the small MS4;
4. The type [ of small MS4 ] (city,
county, incorporated town, unincorporated town, college or university, local
school board, military installation, transportation system, federal or state
facility, or other), and address of the operator of the small MS4;
5. The name, title, mailing address, telephone number, and email address for the following individuals:
a. The responsible official who meets the criteria established in 9VAC-25-870-370 A 3;
b. The MS4 permit contact; and
c. The annual permit maintenance fee contact [ .; ]
6. The following [ outfall
receiving waters ] information:
a. The unique outfall identifier;
b. The estimated MS4 acreage served;
c. The name of the receiving surface water to which the
outfall discharges;
d. Whether or not the receiving water is listed as
impaired in the Virginia 2014 305(b)/303(d) Water Quality Assessment Integrated
Report; and
e. The name of any applicable TMDL for the segment of
the receiving water.
a. The names of the receiving surface waters to which the MS4 system discharges; [ and ]
b. Whether or not the receiving waters are listed as impaired in the Virginia 2016 305(b)/303(d) Water Quality Assessment Integrated Report; ]
3. [ 7. The 6th Order Hydrologic
Unit ] Code(s) [ Codes as identified in the ]
most recent version of Virginia's 6th Order [ Virginia National
Watershed Boundary Dataset ] (available on the department website)
[ (version 5, July 2016) currently receiving discharges or that
have potential to receive discharges from the small MS4; ]
4. [ 8. The estimated drainage area, in acres,
served by the small MS4 directly discharging to any impaired receiving surface
waters listed in the ] 2010 [ 2014 Virginia
305(b)/303(d) Water Quality Assessment Integrated Report, and a description of
the land use for each ] such [ drainage area; ]
5. A listing of any TMDL wasteloads allocated to the small
MS4. This information may be found on the department website;
6. [ 9. 7. ] The name(s)
names of any physically interconnected MS4s to which the small MS4
discharges;
7. For operators that had coverage under the previous VSMP
General Permit, a copy of the currently implemented MS4 Program Plan. The
operator shall continue to implement this plan and any updates as required by
this state permit in accordance with Table 1 in 9VAC25-890-40;
8. For operators applying for initial coverage designated
under 9VAC25-890-10 A, a schedule of development of an MS4 Program Plan that
includes the following:
a. A list of best management practices (BMPs) that the
operator proposes to implement for each of the stormwater minimum control
measures and their associated measurable goals pursuant to 9VAC25-890-40,
Section II B, that includes:
(1) A list of the existing policies, ordinances, schedules,
inspection forms, written procedures, and any other documents necessary for
best management practice implementation, upon which the operator expects to
rely for such implementation; and
(2) The individuals, departments, divisions, or units
responsible for implementing the best management practices;
b. The objective and expected results of each best
management practice in meeting the measurable goals of the stormwater minimum
control measures;
c. The implementation schedule for BMPs including any
interim milestones for the implementation of a proposed new best management
practice; and
d. The method that will be utilized to determine the
effectiveness of each best management practice and the MS4 Program as a whole;
9. [ 10. 8. ] A list of
all existing signed agreements between the operator and any applicable third
parties where the operator has entered into an agreement in order to implement
minimum control measures or portions of minimum control measures;
10. The name, address, telephone number and email address of
either the principal executive officer or ranking elected official as defined
in 9VAC25-870-370;
[ 11. 9. ] The name, position title,
address, telephone number and email address of any duly authorized
representative as defined in 9VAC25-870-370; and For those permittees
whose regulated MS4 is located partially or entirely in the Chesapeake Bay
watershed, a draft second phase Chesapeake Bay TMDL action plan; and
[ 12. 10. ] 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."
C. The registration statement shall be signed in accordance
with 9VAC25-870-370 9VAC25-890-40 Part III K 4.
D. An operator may file its own registration statement, or the operator and other operators of small MS4s may jointly submit a registration statement. If responsibilities for meeting the stormwater minimum control measures will be shared with other municipalities or governmental entities, the registration statement must describe which stormwater minimum control measures the operator will implement and identify the entities that will implement the other stormwater minimum control measures within the area served by the small MS4.
E. Where to submit. The registration statement shall
be submitted to the department may be delivered to the DEQ Central
Office, Office of VPDES Permits or by electronic mail to an electronic mailbox
specified by the department.
9VAC25-890-40. General permit.
Any MS4 operator whose registration statement is
accepted by the department board will receive coverage under the
following state general permit and shall comply with the
requirements therein in this general permit and be subject to
[ all applicable requirements of ] the Virginia Stormwater
Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of
Title 62.1 of the Code of Virginia) and [ the Virginia Stormwater
Management Program (VSMP) Regulations (9VAC25-870) the requirements of
9VAC25-870 and 9VAC25-31 and the Virginia Pollutant Discharge
Elimination System (VPDES) Permit Regulations (9VAC25-31) ].
General Permit No.: VAR04
Effective Date: [ July 1, November 1, ] 2013 2018
Expiration Date: [ June 30, October 31, ] 2018 2023
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL
MUNICIPAL SEPARATE STORM SEWER SYSTEMS
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM REGULATIONS,
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM REGULATIONS, AND THE
VIRGINIA STORMWATER MANAGEMENT ACT STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as
amended and pursuant to the Virginia Stormwater Management Act State
Water Control Law and regulations adopted pursuant thereto, this state
permit authorizes [ operators permittees ] of small
municipal separate storm sewer systems are authorized to discharge to
surface waters within the boundaries of the Commonwealth of Virginia, except
those waters specifically named in State Water Control Board regulations which
prohibit such discharges.
The authorized discharge shall be in accordance with the
registration statement filed with [ DEQ, the
department, ] this cover page, Section Part I -
Discharge Authorization and Special Conditions, Section IIMS4 Program Part
II - TMDL Special Conditions, and Section Part III -
Conditions Applicable To to All State and VPDES Permits,
as set forth herein in this general permit. The operator shall
utilize all legal authority provided by the laws and regulations of the
Commonwealth of Virginia to control discharges to and from the MS4. This legal
authority may be a combination of statute, ordinance, permit, specific contract
language, order or interjurisdictional agreements.
For operators of small MS4s that are applying for initial
coverage under this general permit, the schedule to develop and implement the
MS4 Program Plan shall be submitted with the completed registration statement.
For operators that have previously held MS4 state permit
coverage, the operator shall update the MS4 Program Plan in accordance with the
following schedule. Until such time as the required updates are completed and
implemented, the operator shall continue to implement the MS4 Program
consistent with the MS4 Program Plan submitted with the registration statement.
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SECTION Part I
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS Discharge
Authorization and Special Conditions
A. Coverage under this state permit. During the period
beginning with the date of coverage under this general permit and lasting until
the expiration and reissuance of this state permit, the operator permittee
is authorized to discharge stormwater and those authorized nonstormwater
discharges described in 9VAC25-890-20 [ C D ]
in accordance with this state permit from the small municipal separate storm
sewer system identified in the registration statement into surface waters
within the boundaries of the Commonwealth of Virginia and consistent with
9VAC25-890-30.
B. Special conditions for approved total maximum daily
loads (TMDL) other than the Chesapeake Bay TMDL. An approved TMDL may allocate
an applicable wasteload to a small MS4 that identifies a pollutant or
pollutants for which additional stormwater controls are necessary for the
surface waters to meet water quality standards. The MS4 operator shall address
the pollutants in accordance with this special condition where the MS4 has been
allocated a wasteload in an approved TMDL.
1. The operator shall maintain an updated MS4 Program Plan
that includes a specific TMDL Action Plan for pollutants allocated to the MS4
in approved TMDLs. TMDL Action Plans may be implemented in multiple phases over
more than one state permit cycle using the adaptive iterative approach provided
adequate progress to reduce the pollutant discharge in a manner consistent with
the assumptions and requirements of the specific TMDL wasteload is demonstrated
in accordance with subdivision 2 e of this subsection. These TMDL Actions Plans
shall identify the best management practices and other interim milestone
activities to be implemented during the remaining terms of this state permit.
a. In accordance with Table 1, the operator shall update
the MS4 Program Plans to address any new or modified requirements established
under this special condition for pollutants identified in TMDL wasteload
allocations approved prior to July 9, 2008.
b. In accordance with Table 1, the operator shall update the
MS4 Program Plan to incorporate approvable TMDL Action Plans that identify the
best management practices and other interim milestone activities that will be
implemented during the remaining term of this permit for pollutants identified
in TMDL wasteload allocations approved either on or after July 9, 2008, and
prior to issuance of this permit.
c. Unless specifically denied in writing by the department,
TMDL Action Plans and updates developed in accordance with this section become
effective and enforceable 90 days after the date received by the department.
2. The operator shall:
a. Develop and maintain a list of its legal authorities
such as ordinances, state and other permits, orders, specific contract
language, and interjurisdictional agreements applicable to reducing the
pollutant identified in each applicable WLA;
b. Identify and maintain an updated list of all additional
management practices, control techniques and system design and engineering
methods, beyond those identified in Section II B, that have been implemented as
part of the MS4 Program Plan that are applicable to reducing the pollutant
identified in the WLA;
c. Enhance its public education and outreach and employee
training programs to also promote methods to eliminate and reduce discharges of
the pollutants identified in the WLA;
d. Assess all significant sources of pollutant(s) from
facilities of concern owned or operated by the MS4 operator that are not
covered under a separate VPDES permit and identify all municipal facilities
that may be a significant source of the identified pollutant. For the purposes
of this assessment, a significant source of pollutant(s) from a facility of
concern means a discharge where the expected pollutant loading is greater than
the average pollutant loading for the land use identified in the TMDL. (For
example, a significant source of pollutant from a facility of concern for a
bacteria TMDL would be expected to be greater at a dog park than at other
recreational facilities where dogs are prohibited);
e. Develop and implement a method to assess TMDL Action
Plans for their effectiveness in reducing the pollutants identified in the
WLAs. The evaluation shall use any newly available information, representative
and adequate water quality monitoring results, or modeling tools to estimate
pollutant reductions for the pollutant or pollutants of concern from
implementation of the MS4 Program Plan. Monitoring may include BMP, outfall, or
in-stream monitoring, as appropriate, to estimate pollutant reductions. The
operator may conduct monitoring, utilize existing data, establish partnerships,
or collaborate with other MS4 operators or other third parties, as appropriate.
This evaluation shall include assessment of the facilities identified in
subdivision 2 d of this subsection. The methodology used for assessment shall
be described in the TMDL Action Plan.
3. Analytical methods for any monitoring shall be conducted
according to procedures approved under 40 CFR Part 136 or alternative methods
approved by the Environmental Protection Agency (EPA). Where an approved method
does not exist, the operator must use a method consistent with the TMDL.
4. The operator is encouraged to participate as a
stakeholder in the development of any TMDL implementation plans applicable to
their discharge. The operator may incorporate applicable best management
practices identified in the TMDL implementation plan in the MS4 Program Plan or
may choose to implement BMPs of equivalent design and efficiency provided that
the rationale for any substituted BMP is provided and the substituted BMP is
consistent with the assumptions and requirements of the TMDL WLA.
5. Annual reporting requirements.
a. The operator shall submit the required TMDL Action Plans
with the appropriate annual report and in accordance with the associated
schedule identified in this state permit.
b. On an annual basis, the operator shall report on the
implementation of the TMDL Action Plans and associated evaluation including the
results of any monitoring conducted as part of the evaluation.
6. The operator shall identify the best management practices
and other steps that will be implemented during the next state permit term as
part of the operator's reapplication for coverage as required under Section III
M.
7. For planning purposes, the operator shall include an
estimated end date for achieving the applicable wasteload allocations as part
of its reapplication package due in accordance with Section III M.
C. Special condition for the Chesapeake Bay TMDL. The
Commonwealth in its Phase I and Phase II Chesapeake Bay TMDL Watershed
Implementation Plans (WIP) committed to a phased approach for MS4s, affording
MS4 operators up to three full five-year permit cycles to implement necessary
reductions. This permit is consistent with the Chesapeake Bay TMDL and the
Virginia Phase I and II WIPs to meet the Level 2 (L2) scoping run for existing
developed lands as it represents an implementation of 5.0% of L2 as specified
in the 2010 Phase I WIP. Conditions of future permits will be consistent with
the TMDL or WIP conditions in place at the time of permit issuance.
1. Definitions. The following definitions apply to this
state permit for the purpose of the special condition for discharges in the
Chesapeake Bay Watershed:
"Existing sources" means pervious and impervious
urban land uses served by the MS4 as of June 30, 2009.
"New sources" means pervious and impervious urban
land uses served by the MS4 developed or redeveloped on or after July 1, 2009.
"Pollutants of concern" or "POC" means
total nitrogen, total phosphorus, and total suspended solids.
"Transitional sources" means regulated land
disturbing activities that are temporary in nature and discharge through the
MS4.
2. Chesapeake Bay TMDL planning.
a. In accordance with Table 1, the operator shall develop
and submit to the department for its review and acceptance an approvable
Chesapeake Bay TMDL Action Plan. Unless specifically denied in writing by the
department, this plan becomes effective and enforceable 90 days after the date
received by the department. The plan shall include:
(1) A review of the current MS4 program implemented as a
requirement of this state permit including a review of the existing legal
authorities and the operator's ability to ensure compliance with this special
condition;
(2) The identification of any new or modified legal
authorities such as ordinances, state and other permits, orders, specific
contract language, and interjurisdictional agreements implemented or needing to
be implemented to meet the requirements of this special condition;
(3) The means and methods that will be utilized to address
discharges into the MS4 from new sources;
(4) An estimate of the annual POC loads discharged from the
existing sources as of June 30, 2009, based on the 2009 progress run. The
operator shall utilize the applicable versions of Tables 2 a-d in this section
based on the river basin to which the MS4 discharges by multiplying the total
existing acres served by the MS4 on June 30, 2009, and the 2009 Edge of Stream
(EOS) loading rate:
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(5) A determination of the total pollutant load reductions
necessary to reduce the annual POC loads from existing sources utilizing the
applicable versions of Tables 3 a-d in this section based on the river basin to
which the MS4 discharges. This shall be calculated by multiplying the total
existing acres served by the MS4 by the first permit cycle required reduction
in loading rate. For the purposes of this determination, the operator shall
utilize those existing acres identified by the 2000 U.S. Census Bureau
urbanized area and served by the MS4.
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(6) The means and methods, such as management practices and
retrofit programs that will be utilized to meet the required reductions
included in subdivision 2 a (5) of this subsection, and a schedule to achieve
those reductions. The schedule should include annual benchmarks to demonstrate
the ongoing progress in meeting those reductions;
(7) The means and methods to offset the increased loads
from new sources initiating construction between July 1, 2009, and June 30,
2014, that disturb one acre or greater as a result of the utilization of an
average land cover condition greater than 16% impervious cover for the design
of post-development stormwater management facilities. The operator shall
utilize Table 4 to develop the equivalent pollutant load for nitrogen and total
suspended solids. The operator shall offset 5.0% of the calculated increased
load from these new sources during the permit cycle.
(8) The means and methods to offset the increased loads
from projects as grandfathered in accordance with 9VAC25-870-48, that disturb
one acre or greater that begin construction after July 1, 2014, where the
project utilizes an average land cover condition greater than 16% impervious
cover in the design of post-development stormwater management facilities. The
operator shall utilize Table 4 to develop the equivalent pollutant load for
nitrogen and total suspended solids.
(9) The operator shall address any modification to the TMDL
or watershed implementation plan that occurs during the term of this state
permit as part of its permit reapplication and not during the term of this
state permit.
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(10) A list of future projects and associated acreage that
qualify as grandfathered in accordance with 9VAC25-870-48;
(11) An estimate of the expected costs to implement the
requirements of this special condition during the state permit cycle; and
(12) An opportunity for receipt and consideration of public
comment regarding the draft Chesapeake Bay TMDL Action Plan.
b. As part of development of the Chesapeake Bay TMDL Action
Plan, the operator may consider:
(1) Implementation of BMPs on unregulated lands provided
any necessary baseline reduction is not included toward meeting the required
reduction in this permit;
(2) Utilization of stream restoration projects, provided
that the credit applied to the required POC load reduction is prorated based on
the ratio of regulated urban acres to total drainage acres upstream of the
restored area;
(3) Establishment of a memorandum of understanding (MOU)
with other MS4 operators that discharge to the same or adjacent eight digit
hydrologic unit within the same basin to implement BMPs collectively. The MOU
shall include a mechanism for dividing the POC reductions created by BMP
implementation between the cooperative MS4s;
(4) Utilization of any pollutant trading or offset program
in accordance with §§ 62.1-44.19:20 through 62.1-44.19:23 of the Code of
Virginia, governing trading and offsetting;
(5) A more stringent average land cover condition based on
less than 16% impervious cover for new sources initiating construction between
July 1, 2009, and June 30, 2014, and all grandfathered projects where allowed
by law; and
(6) Any BMPs installed after June 30, 2009, as part of a
retrofit program may be applied towards meeting the required load reductions
provided any necessary baseline reductions are not included.
3. Chesapeake Bay TMDL Action Plan implementation. The
operator shall implement the TMDL Action Plan according to the schedule
therein. Compliance with this requirement represents adequate progress for this
state permit term towards achieving TMDL wasteload allocations consistent with
the assumptions and requirements of the TMDL. For the purposes of this permit,
the implementation of the following represents implementation to the maximum
extent practicable and demonstrates adequate progress:
a. Implementation of nutrient management plans in
accordance with the schedule identified in the minimum control measure in
Section II related to pollution prevention/good housekeeping for municipal
operations;
b. Implementation of the minimum control measure in Section
II related to construction site stormwater runoff control in accordance with
this state permit shall address discharges from transitional sources;
c. Implementation of the means and methods to address
discharges from new sources in accordance with the minimum control measure in
Section II related to post-construction stormwater management in new
development and development of prior developed lands and in order to offset
5.0% of the total increase in POC loads between July 1, 2009, and June 30,
2014. Increases in the POC load from grandfathered projects initiating
construction after July 1, 2014, must be offset prior to completion of the
project; and
d. Implementation of means and methods sufficient to meet
the required reductions of POC loads from existing sources in accordance with
the Chesapeake Bay TMDL Action Plan.
4. Annual reporting requirements.
a. In accordance with Table 1, the operator shall submit
the Chesapeake Bay Action Plan with the appropriate annual report.
b. Each subsequent annual report shall include a list of
control measures implemented during the reporting period and the cumulative
progress toward meeting the compliance targets for nitrogen, phosphorus, and
total suspended solids.
c. Each subsequent annual report shall include a list of
control measures, in an electronic format provided by the department, that were
implemented during the reporting cycle and the estimated reduction achieved by
the control. For stormwater management controls, the report shall include the
information required in Section II B 5 e and shall include whether an existing
stormwater management control was retrofitted, and if so, the existing
stormwater management control type retrofit used.
d. Each annual report shall include a list of control
measures that are expected to be implemented during the next reporting period
and the expected progress toward meeting the compliance targets for nitrogen,
phosphorus, and total suspended solids.
5. The operator shall include the following as part of its
reapplication package due in accordance with Section III M:
a. Documentation that sufficient control measures have been
implemented to meet the compliance target identified in this special condition.
If temporary credits or offsets have been purchased in order to meet the
compliance target, the list of temporary reductions utilized to meet the
required reduction in this state permit and a schedule of implementation to
ensure the permanent reduction must be provided; and
b. A draft second phase Chesapeake Bay TMDL Action Plan
designed to reduce the existing pollutant load as follows:
(1) The existing pollutant of concern loads by an
additional seven times the required reductions in loading rates using the
applicable Table 3 for sources included in the 2000 U.S. Census Bureau
urbanized areas;
(2) The existing pollutant of concerns loads by an
additional eight times the required reductions in loading rates using the
applicable Table 3 for expanded sources identified in the U.S. Census Bureau
2010 urbanized areas;
(3) An additional 35% reduction in new sources developed
between 2009 and 2014 and for which the land use cover condition was greater
than 16%; and
(4) Accounts for any modifications to the applicable
loading rate provided to the operator as a result of TMDL modification.
SECTION II
MUNICIPAL SEPARATE STORM SEWER SYSTEM MANAGEMENT PROGRAM
A. B. The operator of a small MS4 must permittee
shall develop, implement, and enforce a MS4 Program program
designed to reduce the discharge of pollutants from the small MS4 to the
maximum extent practicable (MEP) [ in accordance with this permit ],
to protect water quality, [ to ensure compliance by the ] operator
[ permittee with water quality standards, ] and to
satisfy the appropriate water quality requirements of the Clean Water Act
State Water Control Law and its attendant regulations. The permittee
shall utilize the legal authority provided by the laws and regulations of the
Commonwealth of Virginia to control discharges to and from the MS4. This legal
authority may be a combination of statute, ordinance, permit, policy, specific
contract language, order, or interjurisdictional agreements. The MS4 Program
must program shall include the minimum control measures (MCM)
described in paragraph B of this section Part I E. [ Implementation
For the purposes of this permit term, implementation ] of [ best
management practices (BMP) MCMs in Part I E and the Chesapeake
Bay and local TMDL requirements in Part II (as applicable) ]
consistent with the provisions of an iterative MS4 Program program
required pursuant to this section general permit constitutes
compliance with the standard of reducing pollutants to the "maximum extent
practicable," [ protects water quality in the absence of a TMDL
wasteload allocation (WLA), ensures compliance by the provides
adequate progress in meeting ] operator [ permittee
with ] water quality standards, and satisfies the appropriate water
quality requirements of the [ Clean Water Act and regulations in the
absence of a TMDL WLA. The requirements of this section and those special
conditions set out in Section I B Part II also apply where a WLA is
applicable State Water Control Law and its attendant regulations ].
C. The MS4 program plan.
1. The MS4 program plan shall include, at a minimum, the following [ written items ]:
a. The roles and responsibilities of each of the permittee's divisions and departments in the implementation of the requirements of the permit tasked with ensuring that the permit requirements are met;
b. If the permittee utilizes another entity to implement portions of the MS4 program, a copy of the written agreement. The description of each party's roles and responsibilities, including any written agreements with third parties, shall be updated as necessary;
c. For each [ of the ] MCM
in Part I E, the following information shall be included:
(1) Each specific requirement as listed in Part I E for each MCM;
(2) A description of the BMPs [ or strategies ] that the permittee anticipates will be implemented to demonstrate compliance with the permit conditions in Part I E;
(3) All standard operating procedures or policies necessary to implement the BMPs;
(4) The measurable goal by which each BMP or strategy will be evaluated; and
(5) The persons, positions, or departments responsible for implementing each BMP or strategy; and
d. A list of documents incorporated by reference including the version and date of the document being incorporated.
2. If the permittee is receiving initial coverage under this general VPDES permit for the discharge of stormwater, the permittee shall:
a. No later than six months following the date of permit coverage, submit to the department a schedule for the development of each component of the MS4 program plan in accordance with Part I C 1 that does not exceed the expiration date of this permit; and
b. Provide to the department a copy of the MS4 program plan upon completion of development.
3. If the permittee was previously covered under the General
VPDES Permit for the Discharge of Stormwater from MS4 effective July 1, 2013,
the permittee shall [ update the MS4 program plan to meet the
requirements of this permit no later than six months after the effective date
of this permit unless otherwise specified in another permit condition and shall ]
post the most up-to-date version of MS4 program plan on the permittee's
[ stormwater ] website or location where the
[ small ] MS4 program plan can be obtained as
required by Part I E 2 [ within 30 days of updating the MS4 program
plan ]. Until such time that the MS4 program plan is updated in
accordance with Part I E, the permittee shall continue to implement the MS4
program plan in effect at the time that coverage is issued under this general
permit.
4. Revisions to the MS4 program plan are expected throughout the life of this permit as part of the iterative process to reduce pollutant loading and protect water quality to the MEP. As such, revisions made in accordance with this permit as a result of the iterative process do not require modification of this permit. The permittee shall summarize revisions to the MS4 program plan as part of the annual report as described in Part I D 2.
5. The permittee may demonstrate compliance with one or more
[ of the ] MCM in Part I E through implementation of
separate statutory or regulatory programs provided that the permittee's MS4
program identifies and fully describes any program that will be used to satisfy
one or more of the minimum control measures of Part I E. If the program that
the permittee is using requires the approval of a third party, the program
shall be fully approved by the third party, or the permittee shall be working
toward getting full approval. Documentation of the program's approval status,
or the progress toward achieving full approval, shall be included in the annual
report required by Part I D. The permittee shall remain responsible for
compliance with the permit requirements if the other entity fails to implement
one or more components of the control measures.
6. The permittee may rely on another entity to satisfy the permit requirements to implement a minimum control measure if:
a. The other entity, in fact, implements the control measure;
b. The particular control measure, or component thereof, is at least as stringent as the corresponding permit requirement;
c. The other entity agrees to implement the control measure on behalf of the permittee; and
d. The agreement between the parties is documented in writing and retained by the permittee with the MS4 program plan for as long as the agreement is active.
The permittee shall remain responsible for compliance with requirements of the permit and shall document in the annual reports required in accordance with Part I D that another entity is being relied on to satisfy all or part of the state permit requirements. The permittee shall provide the information required in Part I D.
7. If the permittee relies on another governmental entity regulated under 9VAC25-870-380 to satisfy all of the state permit obligations, including the obligation to file periodic reports required by Part I D, the permittee must note that fact in the registration statement, but is not required to file the periodic reports. The permittee remains responsible for compliance with the state permit requirements if the other entity fails to implement the control measures or components thereof.
D. Annual reporting requirements.
1. The permittee shall submit an annual report to the department no later than October 1 of each year [ in a format as specified by the department ]. The report shall cover the previous year from July 1 to June 30.
2. The annual report shall include the following general information:
a. The permittee, system name, and permit number;
b. The reporting period for which the annual report is being submitted;
c. A signed certification as per Part III K;
d. Each annual reporting item as specified in [ the
an ] MCM in Part I E; and
e. An evaluation of the MS4 program implementation, including a review of each MCM, to determine the MS4 program's effectiveness and whether or not changes to the MS4 program plan are necessary.
3. For permittees receiving initial coverage under this general VPDES permit for the discharge of stormwater, the annual report shall include a status update on each component of the MS4 program plan being developed. Once the MS4 program plan has been updated to include implementation of a specific MCM in Part I E, the permittee shall follow the reporting requirements established in Part I D 2.
4. For those permittees with requirements established under Part II A, the annual report shall include a status report on the implementation of the Chesapeake Bay TMDL action plan in accordance with Part II A of this permit including any revisions to the plan.
5. For those permittees with requirements established under Part II B, the annual report shall include a status report on the implementation of the local TMDL action plans in accordance with Part II B including any revisions to the plan.
6. For the purposes of this permit, the MS4 program plan and annual report shall be maintained separately and submitted to the department as required by this permit as two separate documents.
B. E. Minimum control measures.
NOTE regarding minimum control measures for public
education and outreach on stormwater impacts and public
involvement/participation: "Public" is not defined in this permit.
However, the department concurs with the following EPA statement, which was
published in the Federal Register, Volume 64, No. 235, page 68,750 on December
8, 1999, regarding "public" and its applicability to MS4 programs:
"EPA acknowledges that federal and state facilities are different from
municipalities. EPA believes, however, that the minimum measures are flexible
enough that they can be implemented by these facilities. As an example, DOD
commentators asked about how to interpret the term "public" for
military installations when implementing the public education measure. EPA
agrees with the suggested interpretation of "public" for DOD
facilities as "the resident and employee population within the fence line
of the facility." The department recommends that nontraditional MS4
operators, such as state and federal entities and local school districts,
utilize this statement as guidance when determining their applicable
"public" for compliance with this permit.
1. Public education and outreach on stormwater impacts.
a. The operator permittee shall continue to
implement the a public education and outreach program as
included in the registration statement until the program is updated to meet the
conditions of this state permit. Operators who have not previously held MS4
permit coverage shall implement this program in accordance with the schedule
provided with the completed registration statement. designed to:
b. The public education and outreach program should be
designed with consideration of the following goals:
(1) Increasing target audience Increase the public's
knowledge about the steps that can be taken of how to reduce
stormwater pollution, placing priority on reducing impacts to impaired waters
and other local water pollution concerns;
(2) Increasing target audience Increase the public's
knowledge of hazards associated with illegal discharges and improper disposal
of waste, including pertinent legal implications; and
(3) Implementing Implement a diverse program
with strategies that are targeted towards audiences toward
individuals or groups most likely to have significant stormwater impacts.
c. b. The updated program shall be designed
to: (1) Identify, at a minimum, permittee shall identify no less
than three high-priority water quality stormwater issues,
that contribute to the discharge of stormwater (e.g., to meet the goal
of educating the public in accordance with Part I E 1 a. High-priority issues
may include the following examples: Chesapeake Bay nutrients, pet wastes and,
local bacteria receiving water impairments, TMDLs, high-quality receiving
waters, and illicit discharges from commercial sites) and a rationale for
the selection of the three high-priority water quality issues; sites.
(2) Identify and estimate the population size of the target
audience or audiences who is most likely to have significant impacts for each
high-priority water quality issue;
(3) Develop relevant message or messages and associated
educational and outreach materials (e.g., various media such as printed
materials, billboard and mass transit advertisements, signage at select
locations, radio advertisements, television advertisements, websites, and
social media) for message distribution to the selected target audiences while
considering the viewpoints and concerns of the target audiences including
minorities, disadvantaged audiences, and minors;
(4) Provide for public participation during public
education and outreach program development;
(5) Annually conduct sufficient education and outreach
activities designed to reach an equivalent 20% of each high-priority issue
target audience. It shall not be considered noncompliance for failure to reach
20% of the target audience. However, it shall be a compliance issue if
insufficient effort is made to annually reach a minimum of 20% of the target
audience; and
(6) Provide for the adjustment of target audiences and
messages including educational materials and delivery mechanisms to reach
target audiences in order to address any observed weaknesses or shortcomings.
c. The high-priority public education and outreach program, as a whole, shall:
(1) Clearly identify the high-priority stormwater issues;
(2) Explain the importance of the high-priority stormwater issues;
(3) Include measures or actions the public can take to minimize the impact of the high-priority stormwater issues; and
(4) Provide a contact [ name ] and
telephone number [ , website, ] or location where the
public can find out more information.
d. The permittee shall use two or more of the strategies listed in Table 1 below [ per year ] to communicate to the public the high-priority stormwater issues identified in accordance with Part I E 1 b including how to reduce stormwater pollution.
|
Table 1 |
|
|
Strategies |
Examples (provided as examples and are not meant to be all inclusive or limiting) |
|
Traditional written materials |
Informational brochures, newsletters, fact sheets, utility bill inserts, or recreational guides for targeted groups of citizens |
|
Alternative materials |
Bumper stickers, refrigerator magnets, t-shirts, or drink koozies |
|
Signage |
Temporary or permanent signage in public places or facilities, vehicle signage, bill boards, or storm drain stenciling |
|
Media materials |
Information disseminated through electronic media, radio, televisions, movie theater, or newspaper |
|
Speaking engagements |
Presentations to school, church, industry, trade, special interest, or community groups |
|
Curriculum materials |
Materials developed for school-aged children, students at local colleges or universities, or extension classes offered to local citizens |
|
Training materials |
Materials developed to disseminate during workshops offered to local citizens, trade organization, or industrial officials |
d. e. The operator permittee may coordinate
their its public education and outreach efforts with other MS4 operators
permittees; however, each [ operator permittee ]
shall be individually responsible for meeting all of its state permit
requirements.
e. Prior to application for continued state permit coverage
required in Section III M, the operator shall evaluate the education and
outreach program for:
(1) Appropriateness of the high-priority stormwater issues;
(2) Appropriateness of the selected target audiences for
each high-priority stormwater issue;
(3) Effectiveness of the message or messages being
delivered; and
(4) Effectiveness of the mechanism or mechanisms of
delivery employed in reaching the target audiences.
f. The MS4 Program Plan program plan shall describe
how the conditions of this permit shall be updated in accordance with Table 1.
include:
(1) A list of the high-priority stormwater issues the permittee will communicate to the public as part of the public education and outreach program;
(2) The rationale for selection of each high-priority stormwater issue and an explanation of how each education or outreach strategy is intended to have a positive impact on stormwater discharges;
(3) Identification of the public audience to receive each high-priority stormwater message;
(4) The strategies from Table 1 of Part I E 1 d to be used to communicate each high-priority stormwater message; and
(5) The anticipated time periods the messages will be communicated or made available to the public.
g. The operator annual report shall include the
following information in each annual report submitted to the department
during this permit term:
(1) A list of the education and outreach activities
conducted during the reporting period for each high-priority water quality
issue, the estimated number of people reached, and an estimated percentage of
the target audience or audiences that will be reached high-priority
stormwater issues the permittee addressed in the public education and outreach
program; and
(2) A list of the education and outreach activities that
will be conducted during the next reporting period for each high-priority water
quality issue, the estimated number of people that will be reached, and an
estimated percentage of the target audience or audiences that will be reached
strategies used to communicate each high-priority stormwater issue.
2. Public involvement/participation involvement and
participation.
a. Public involvement.
(1) The operator shall comply with any applicable federal,
state, and local public notice requirements.
(2) a. The operator permittee
shall develop and implement procedures for the following:
(a) Maintain an updated MS4 Program Plan. Any required
updates to the MS4 Program Plan shall be completed at a minimum of once a year
and shall be updated in conjunction with the annual report. The operator shall
post copies of each MS4 program plan on its webpage at a minimum of once a year
and within 30 days of submittal of the annual report to the department.
(b) Post copies of each annual report on the operator's
webpage within 30 days of submittal to the department and retain copies of
annual reports online for the duration of this state permit; and
(c) Prior to applying for coverage as required by Section
III M, notify the public and provide for receipt of comment of the proposed MS4
Program Plan that will be submitted with the registration statement. As part of
the reapplication, the operator shall address how it considered the comments
received in the development of its MS4 Program Plan. The operator shall give
public notice by a method reasonably calculated to give actual notice of the
action in question to the persons potentially affected by it, including press
releases or any other forum or medium to solicit public participation.
(1) The public to report potential illicit discharges, improper disposal, or spills to the MS4, complaints regarding land disturbing activities, or other potential stormwater pollution concerns;
(2) The public to provide input on the permittee's MS4 program [ plan ];
(3) Receiving public input or complaints;
(4) Responding to public input [ received on the MS4 program plan ] or complaints; and
(5) Maintaining documentation of public input received [ on the MS4 program and associated MS4 program plan ] and the permittee's response.
b. No later than three months after this permit's effective date, the permittee shall develop and maintain a webpage dedicated to the MS4 program and stormwater pollution prevention. The following information shall be posted on this webpage:
(1) The effective MS4 permit and coverage letter;
(2) The most current MS4 program plan or location where the MS4 program plan can be obtained;
(3) The annual report for each year of the term covered by this permit [ no later than 30 days after submittal to the department ];
(4) A mechanism for the public to report potential illicit discharges, improper disposal, or spills to the MS4, complaints regarding land disturbing activities, or other potential stormwater pollution concerns in accordance with Part I E 2 a (1); and
(5) Methods for how the public can provide input on the permittee's MS4 program [ plan ] in accordance with Part I E 2 a (2).
b. Public participation. The operator shall participate, through
promotion, sponsorship, or other involvement, in a minimum of four local
activities annually (e.g., stream cleanups; hazardous waste cleanup days; and
meetings with watershed associations, environmental advisory committees, and
other environmental organizations that operate within proximity to the
operator's small MS4). The activities shall be aimed at increasing public
participation to reduce stormwater pollutant loads; improve water quality; and
support local restoration and clean-up projects, programs, groups, meetings, or
other opportunities for public involvement. c. The permittee shall
implement no less than four activities per year from two or more of the
categories listed in Table 2 below to provide an opportunity for public
involvement to improve water quality and support local restoration and clean-up
projects.
Table 2 |
|
Public involvement opportunities |
Examples (provided as example and are not meant to be all inclusive or limiting) |
Monitoring |
Establish or support citizen monitoring group |
Restoration |
Stream or watershed clean-up day, adopt-a-water way program, |
Educational events |
Booth at community fair, demonstration of stormwater control projects, presentation of stormwater materials to schools to meet applicable education Standards of Learning or curriculum requirements, watershed walks, participation on environmental advisory committees |
Disposal or collection events |
Household hazardous chemicals collection, vehicle fluids collection |
Pollution prevention |
Adopt-a-storm drain program, implement a storm drain marking program, promote use of residential stormwater BMPs, implement pet waste stations in public areas, adopt-a-street program. |
d. The permittee may coordinate the public involvement opportunities listed in Table 2 with other MS4 permittees; however, each permittee shall be individually responsible for meeting all of the permit requirements.
c. e. The MS4 Program Plan program
plan shall include written procedures for implementing this program.:
(1) The webpage address where mechanisms for the public to report (i) potential illicit discharges, improper disposal, or spills to the MS4, (ii) complaints regarding land disturbing activities, or (iii) other potential stormwater pollution concerns;
(2) The webpage address that contains the methods for how the public can provide input on the permittee's MS4 program; and
(3) A description of the public involvement activities to be implemented by the permittee, the anticipated time period the activities will occur, and a metric for each activity to determine if the activity is beneficial to water quality. An example of metrics may include the weight of trash collected from a stream cleanup, the number of participants in a hazardous waste collection event, etc.
d. Each f. The annual report shall include the
following information:
(1) A web link to the MS4 Program Plan and annual report;
and summary of any public input on the MS4 program received [ (including
stormwater complaints) ] and how the permittee responded;
(2) Documentation of compliance with the public
participation requirements of this section. A webpage [ link
address ] to the permittee's MS4 program and stormwater website;
(3) A description of the public involvement activities implemented by the permittee;
(4) A report of the metric as defined for each activity and an evaluation as to whether or not the activity is beneficial to improving water quality; and
(5) The name of other MS4 permittees [ who
participated with whom the permittee collaborated ] in
the public involvement opportunities.
3. Illicit discharge detection and elimination.
a. The operator permittee shall develop and
maintain an accurate storm sewer system MS4 map and information
table and shall update it in accordance with the schedule set out in Table
1. as follows:
(1) The storm sewer system map must show the following A
map of the storm sewer system owned or operated by the permittee within the
[ Census Urbanized Area census urbanized area ] identified
by the 2010 decennial census that includes, at a minimum:
(a) The location of all MS4 outfalls. MS4 outfalls
discharging to surface waters, except as follows:
(i) In cases where the outfall is located outside of
the MS4 operator's permittee's legal responsibility, the operator
permittee may elect to map the known point of discharge location closest
to the actual [ outfall ]. Each mapped outfall must be given a
unique identifier, which must be noted on the map; and
(ii) In cases where the MS4 outfall discharges to receiving
water channelized underground, the permittee may elect to map the point
downstream at which the receiving water emerges above ground as [ a
point of an outfall ] discharge [ location ].
If there are multiple outfalls discharging to an underground channelized
receiving water, the map shall identify that [ the a point of
an outfall ] discharge [ location ] represents
more than one outfall. [ This is an option a permittee may choose
to use and recognizes the difficulties in accessing outfalls to underground
channelized stream conveyances for purposes of mapping, screening, or
monitoring. ]
(b) A unique identifier for each mapped item required in
Part I E 3; [ and ]
(c) The name and location of all receiving
waters receiving discharges from the MS4 outfalls and the associated HUC
to which the MS4 outfall or point of discharge discharges [ .;
(d) MS4 regulated service area; and
(e) stormwater management facilities owned or operated by the permittee. ]
(2) The associated information table shall include for each
outfall the following: permittee shall maintain an information table
associated with the storm sewer system map that includes the following
information for each outfall or point of discharge for those cases in which the
permittee elects to map the known point of discharge in accordance with Part I
E 3 a (1) (a):
(a) The A unique identifier as specified on
the storm sewer system map;
(b) The latitude and longitude of the outfall or point of discharge;
(c) The estimated MS4 acreage served; regulated
acreage draining to the outfall or point of discharge;
(c) (d) The name of the receiving surface
water and;
(e) The 6th Order Hydrologic Unit Code of the receiving water;
(f) An indication as to whether the receiving water is
listed as impaired in the Virginia 2010 303(d)/305(b) [ 2014
2016 ] 305(b)/303(d) Water Quality Assessment Integrated
Report; [ and
(g) The predominant land use for each outfall discharging to an impaired water; and ]
(d) [ (g) (h) ] The name
of any applicable TMDL or EPA approved TMDLs for which the
permittee is assigned a wasteload allocation.
(3) Within 48 months of coverage under this state permit,
the operator shall have a complete and updated storm sewer system map and
information table that includes all MS4 outfalls located within the boundaries
identified as "urbanized" areas in the 2010 Decennial Census and
shall submit the updated information table as an appendix to the annual report.
(3) No later than [ December 31, 2018
July 1, 2019 ], the permittee shall submit to DEQ a GIS-compatible
shapefile of the permittee's MS4 map as described in Part I E 3 a. If the
permittee does not have an MS4 map in a GIS format, the permittee shall provide
the map as a PDF document.
(4) The operator shall maintain a copy of the current storm
sewer system map and outfall information table for review upon request by the
public or by the department. No later than October 1 of each year, the
permittee shall update the storm sewer system map and outfall information table
to include any new outfalls constructed or TMDLs approved or both during the
immediate preceding reporting period.
(5) The operator permittee shall continue to
identify other points of discharge. The operator shall notify in writing the
provide written notification to any downstream adjacent MS4 of
any known physical interconnection established or discovered after the
effective date of this permit.
b. The operator permittee shall effectively
prohibit, through ordinance, policy, standard operating procedures, or
other legal mechanism, to the extent allowable under federal, state, or
local law, regulations, or ordinances, unauthorized nonstormwater
discharges into the storm sewer system to the extent allowable under
federal, state, or local law, regulation, or ordinance. Categories of
nonstormwater Nonstormwater discharges or flows (i.e., illicit
discharges) identified in 9VAC25-870-400 D 2 c (3) must 9VAC25-890-20
[ C D ] 3 shall only be addressed only
if they are identified by the operator permittee as a
significant contributors contributor of pollutants discharging
to the small MS4. Flows that have been identified in writing by
the department as de minimis discharges are not significant sources of
pollutants to surface water and do not require a VPDES permit.
c. The operator permittee shall develop, maintain
[ and, ] implement [ , and enforce ]
and update, when appropriate, illicit discharge detection and
elimination (IDDE) written procedures [ designed ] to detect,
identify, and address unauthorized nonstormwater discharges, including illegal
dumping, to the small MS4 [ with the goal of eliminating
to effectively eliminate ] the unauthorized discharge. These
Written procedures shall include:
(1) A description of the legal authorities, policies, standard operating procedures or other legal mechanisms available to the permittee to eliminate identified sources of ongoing illicit discharges including procedures for using legal enforcement authorities.
Written dry (2) Dry weather field screening methodologies
protocols to detect, identify, and eliminate illicit discharges
to the MS4 that include field observations and field screening monitoring
and that provide. The protocol shall include:
(a) A prioritized schedule of field screening activities and
rationale for prioritization determined by the operator permittee
based on such criteria as age of the infrastructure, land use, historical
illegal discharges, dumping or cross connections [ .; ]
(b) The minimum number of field screening activities the
operator shall complete annually to be determined as follows: (i) if the total
number of outfalls in the small MS4 is less than 50, all outfalls shall be
screened annually or (ii) if the small MS4 has 50 or more total outfalls, a
minimum of 50 outfalls shall be screened annually.
(b) If the total number of MS4 outfalls is equal to or less than 50, a schedule to screen all outfalls annually;
(c) If the total number of MS4 outfalls is greater than 50,
a schedule to screen a minimum of 50 outfalls annually such that no more than
50% are screened in the previous 12-month period [ ;.
The 50% criteria is not applicable if all outfalls have been screened in the
previous three years; ] and
(c) Methodologies to collect the general information such
as time (d) A mechanism to track the following information:
(i) The [ unique ] outfall
[ unique ] identifier;
(ii) Time since the last rain, the precipitation
event;
(iii) The estimated quantity of the last rain, site
precipitation event;
(iv) Site descriptions (e.g., conveyance type and
dominant watershed land uses),;
(v) Whether or not a discharge was observed; [ and ]
(vi) If a discharge was observed, the estimated
discharge rate (e.g., width of water surface, approximate and
depth of water, approximate flow velocity, and discharge flow
rate), and visual observations [ ; ] and
[ (vii) Visual visual ] characteristics of
the discharge (e.g., [ order, odor, ] color,
clarity, floatables, deposits or stains, vegetation condition, structural condition,
and biology).
(d) (3) A time frame timeframe
upon which to conduct an investigation or investigations to identify and
locate the source of any observed continuous or intermittent [ unauthorized ]
nonstormwater [ unauthorized ] discharge prioritized
as follows: (i) illicit discharges suspected of being sanitary sewage or
significantly contaminated must be investigated first and (ii) investigations
of illicit discharges suspected of being less hazardous to human health and
safety such as noncontact cooling water or wash water may be delayed until
after all suspected sanitary sewage or significantly contaminated discharges
have been investigated, eliminated, or identified. Priority of
investigations shall be given to discharges of sanitary sewage and those
believed to be a risk to human health and public safety. Discharges
authorized under a separate VPDES or state permit require no further action
under this permit.
(e) (4) Methodologies to determine the source of
all illicit discharges shall be conducted. If the permittee is unable
to identify the source of an illicit discharge is found, but within
six months of the beginning of the investigation neither the
source nor the same nonstormwater discharge has been identified, then the operator
permittee shall document such in accordance with Section II B 3 f
that the source remains unidentified. If the observed discharge is
intermittent, the operator must permittee shall document that
a minimum of three separate investigations were made in an attempt that
attempts to observe the discharge when it was flowing were
unsuccessful. If these attempts are unsuccessful, the operator shall
document such in accordance with Section II B 3 f.
(f) Mechanisms to eliminate identified sources of illicit
discharges including a description of the policies and procedures for when and
how to use legal authorities.
(g) Methods (5) Methodologies for conducting a
follow-up investigation in order to verify that the discharge has been
eliminated. [ as necessary ] for illicit discharges
that are continuous or that permittees expect to occur more frequently than a
one-time discharge to verify that the discharge has been eliminated [ except
as provided for in Part I E 3 c (4) ];
(h) (6) A mechanism to track all illicit
discharge investigations to document the following:
(i) the (a) The [ date or
dates ] that the illicit discharge was initially observed [ , ]
and [ reported, or both ];
(ii) the (b) The results of the investigation,
including the source, if identified;
(iii) any (c) Any follow-up to the
investigation;
(iv) resolution (d) Resolution of the
investigation; and
(v) the (e) The date that the investigation was
closed.
d. The operator shall promote, publicize, and facilitate
public reporting of illicit discharges into or from MS4s. The operator shall
conduct inspections in response to complaints and follow-up inspections as
needed to ensure that corrective measures have been implemented by the
responsible party.
e. d. The MS4 Program Plan program
plan shall include all procedures developed by the operator to detect,
identify, and address nonstormwater discharges to the MS4 in accordance with
the schedule in Table 1. In the interim, the operator shall continue to
implement the program as included as part of the registration statement until
the program is updated to meet the conditions of this permit. Operators, who
have not previously held MS4 permit coverage, shall implement this program in
accordance with the schedule provided with the completed registration
statement.:
(1) The MS4 map and information table required by Part I E 3 a. The map and information table may be incorporated into the MS4 program plan by reference. The map shall be made available to the department within 14 days upon request;
(2) Copies of written notifications of new physical interconnections given by the permittee to other MS4s; and
(3) The IDDE procedures described in Part I E 3 c.
f. Annual reporting requirements. Each e. The
annual report shall include:
(1) A list of any written notifications of physical
interconnection given by the operator to other MS4s; A confirmation
statement that the MS4 map and information table [ are
up-to-date as of have been updated to reflect any changes to the MS4
occurring on or before ] June 30 of the reporting year;
(2) The total number of outfalls screened during the reporting
period, the screening results, and detail of any follow-up actions
necessitated by the screening results as part of the dry weather
screening program; and
(3) A summary of each investigation conducted by the
operator of any suspected illicit discharge. The summary must include: (i) the
date that the suspected discharge was observed, reported, or both; (ii) how the
investigation was resolved, including any follow-up, and (iii) resolution of
the investigation and the date the investigation was closed. A list of
illicit discharges to the MS4 including spills reaching the MS4 with
information as follows:
(a) The source of illicit discharge;
(b) The [ date or dates ]
that the discharge was observed, reported, or both;
(c) Whether the discharge was discovered by the permittee during dry weather screening, reported by the public, or other method (describe);
(d) How the investigation was resolved;
(e) A description of any follow-up activities; and
(f) The date the investigation was closed.
4. Construction site stormwater runoff control.
a. Applicable oversight requirements. The operator
permittee shall utilize its legal authority, such as ordinances,
permits, orders, specific contract language, and interjurisdictional
agreements, to address discharges entering the MS4 [ from regulated
construction site stormwater runoff ]. from the following
land-disturbing activities: The permittee shall control construction
site stormwater runoff as follows:
(1) Land-disturbing activities as defined in
§ 62.1-44.15:51 of the Code of Virginia that result in the disturbance of
10,000 square feet or greater;
(2) Land-disturbing activities in jurisdictions in
Tidewater Virginia, as defined in § 62.1-44.15:68 of the Code of Virginia,
that disturb 2,500 square feet or greater and are located in areas designated
as Resource Protection Areas (RPA), Resource Management Areas (RMA) or
Intensely Developed Acres (IDA), pursuant to the Chesapeake Bay Preservation
Area Designation and Management Regulations adopted pursuant to the Chesapeake
Bay Preservation Act;
(3) Land-disturbing activities disturbing less than the
minimum land disturbance identified in subdivision (1) or (2) above for which a
local ordinance requires that an erosion and sediment control plan be
developed; and
(4) Land-disturbing activities on individual residential
lots or sections of residential developments being developed by different
property owners and where the total land disturbance of the residential
development is 10,000 square feet or greater. The operator may utilize an
agreement in lieu of a plan as provided in § 62.1-44.15:55 of the Code of
Virginia for this category of land disturbances.
(1) If the permittee is a city, county, or town that has adopted a Virginia Erosion and Sediment Control Program (VESCP), the permittee shall implement the VESCP consistent with the Virginia Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control Regulations (9VAC25-840);
(2) If the permittee is a town that has not adopted a
VESCP, [ the permittee shall rely on the surrounding city or
county in which the town is located to implement implementation of ]
a VESCP consistent with the Virginia Erosion and Sediment Control Law (§
62.1-44:15:51 et seq. of the Code of Virginia) and Virginia Erosion and
Sediment Control Regulations [ (9VAC25-840) [ by the
surrounding county shall constitute compliance with Part I E 4 a; such town
shall notify the surrounding county of erosion, sedimentation or other
construction stormwater runoff problems ];
(3) If the permittee is a state agency; public institution of higher education including community colleges, colleges, and universities; or federal entity and has developed standards and specifications in accordance with the Virginia Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control Regulations (9VAC25-840), the permittee shall implement the most recent department approved standards and specifications; or
(4) If the permittee is a state agency; public institution of higher education including community colleges, colleges, and universities; or federal entity and has not developed standards and specifications in accordance with the Virginia Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control Regulations (9VAC25-840), the permittee shall inspect all land disturbing activities as defined in § 62.1-44.15:51 of the Code of Virginia that result in the disturbance activities of 10,000 square feet or greater, or 2,500 square feet or greater in accordance with areas designated under the Chesapeake Bay Preservation Act, as follows:
(a) During or immediately following initial installation of erosion and sediment controls;
(b) At least once per every two-week period;
(c) Within 48 hours following any runoff producing storm event; and
(d) At the completion of the project prior to the release of any performance bond.
(5) If the permittee is a subdivision of a local government such as a school board or other local government body, the permittee shall inspect those projects resulting in a land disturbance as defined in § 62.1-44.15.51 of the Code of Virginia occurring on lands owned or operated by the permittee that result in the disturbance of 10,000 square feet or greater, 2,500 square feet or greater in accordance with areas designated under the Chesapeake Bay Preservation Act, or in accordance with more stringent thresholds established by the local government, as follows:
(a) During or immediately following initial installation of erosion and sediment controls;
(b) At least once per every two-week period;
(c) Within 48 hours following any runoff producing storm event; and
(d) At the completion of the project prior to the release of any performance bond.
b. Required plan approval prior to commencement of the land
disturbing activity. The operator shall require that land disturbance not begin
until an erosion and sediment control plan or an agreement in lieu of a plan as
provided in § 62.1-44.15:55 is approved by a VESCP authority in accordance
with the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the
Code of Virginia). The plan shall be:
(1) Compliant with the minimum standards identified in
9VAC25-840-40 of the Erosion and Sediment Control Regulations; or
(2) Compliant with department-approved annual standards and
specifications. Where applicable, the plan shall be consistent with any
additional or more stringent, or both, erosion and sediment control
requirements established by state regulation or local ordinance.
c. Compliance and enforcement.
(1) The operator shall inspect land-disturbing activities
for compliance with an approved erosion and sediment control plan or agreement
in lieu of a plan in accordance with the minimum standards identified in
9VAC25-840-40 or with department-approved annual standards and specifications.
(2) The operator shall implement an inspection schedule for
land-disturbing activities identified in Section II B 4 a as follows:
(a) Upon initial installation of erosion and sediment
controls;
(b) At least once during every two-week period;
(c) Within 48 hours of any runoff-producing storm event;
and
(d) Upon completion of the project and prior to the release
of any applicable performance bonds.
Where an operator establishes an alternative inspection
program as provided for in 9VAC25-840-60 B 2, the written schedule shall be
implemented in lieu of Section II B 4 c (2) and the written plan shall be
included in the MS4 Program Plan.
(3) Operator inspections shall be conducted by personnel
who hold a certificate of competence in accordance with 9VAC25-850-40.
Documentation of certification shall be made available upon request by the
VESCP authority or other regulatory agency.
(4) The operator shall promote to the public a mechanism
for receipt of complaints regarding regulated land-disturbing activities and
shall follow up on any complaints regarding potential water quality and
compliance issues.
(5) The operator shall utilize its legal authority to
require compliance with the approved plan where an inspection finds that the
approved plan is not being properly implemented.
(6) The operator shall utilize, as appropriate, its legal
authority to require changes to an approved plan when an inspection finds that
the approved plan is inadequate to effectively control soil erosion, sediment
deposition, and runoff to prevent the unreasonable degradation of properties,
stream channels, waters, and other natural resources.
(7) The operator shall require implementation of
appropriate controls to prevent nonstormwater discharges to the MS4, such as
wastewater, concrete washout, fuels and oils, and other illicit discharges
identified during land-disturbing activity inspections of the MS4. The
discharge of nonstormwater discharges other than those identified in
9VAC25-890-20 through the MS4 is not authorized by this state permit.
(8) The operator may develop and implement a progressive
compliance and enforcement strategy provided that such strategy is included in
the MS4 Program Plan and is consistent with 9VAC25-840.
d. Regulatory coordination. The operator shall implement enforceable
procedures to require that large construction activities as defined in
9VAC25-870-10 and small construction activities as defined in 9VAC25-870-10,
including municipal construction activities, secure necessary state permit
authorizations from the department to discharge stormwater.
[ b. The permittee shall require implementation of appropriate controls to prevent nonstormwater discharges to the MS4, such as wastewater, concrete washout, fuels and oils, and other illicit discharges identified during land disturbing activity inspections of the MS4. The discharge of nonstormwater discharges other than those identified in 9VAC25-890-20 D through the MS4 is not authorized by this state permit. ]
e. MS4 Program requirements. [ b.
c. ] The operator's permittee's MS4 Program Plan program
plan shall include:
(1) If the permittee implements a construction site stormwater runoff control program in accordance with Part I E 4 a (1), the local ordinance citations for the VESCP program;
(2) If the permittee implements a construction site stormwater runoff control program in accordance with Part I E 4 a (3):
(a) The most recently approved standards and [ specification
specifications ] or if incorporated by reference, the location
where the standards and [ specification
specifications ] can be viewed; and
(b) A copy of the most recent [ standard and
specification standards and specifications ] approval
letter from the department;
(1) (3) A description of the legal authorities
utilized to ensure compliance with the minimum control measure in Section II
related to Part I E 4 a to control construction site stormwater
runoff control such as ordinances, permits, orders, specific contract language,
policies, and interjurisdictional agreements;
(2) Written plan review procedures and all associated
documents utilized in plan review;
(3) For the MS4 operators who obtain department-approved
standards and specifications, a copy of the current standards and
specifications;
(4) Written inspection procedures to ensure the erosion and sediment controls are properly implemented and all associated documents utilized during inspection including the inspection schedule;
(5) Written procedures for requiring compliance and
enforcement, including a progressive compliance and enforcement strategy, where
appropriate through corrective action or enforcement action to the
extent allowable under federal, state, or local law, regulation, ordinance, or
other legal mechanisms; and
(6) The roles and responsibilities of each of the operator's
permittee's departments, divisions, or subdivisions in implementing the minimum
control measure in Section II related to construction site stormwater
runoff control If the operator utilizes another entity to implement portions
of the MS4 Program Plan, a copy of the written agreement must be retained in
the MS4 Program Plan. The description of each party's roles and
responsibilities, including any written agreements with third parties, shall be
updated as necessary requirements in Part I E 4.
Reference may be made to any listed requirements in this
subdivision provided the location of where the reference material can be found
is included and the reference material is made available to the public upon
request.
f. Reporting requirements. The operator shall track regulated
land-disturbing activities and submit the following information in all annual
reports: [ c. d. ] The annual report
shall include the following:
(1) Total number of regulated land-disturbing activities;
If the permittee implements a construction site stormwater runoff program in
accordance with Part I E 4 a (3):
(a) A confirmation statement that land disturbing projects
that occurred during the reporting period have been conducted in accordance
with the current department approved standards and specifications for
[ erosions erosion ] and sediment control;
and
(b) If one or more of the land disturbing projects were not conducted with the department approved standards and specifications, an explanation as to why the projects did not conform to the approved standards and specifications.
(2) Total number of acres disturbed;
(3) (2) Total number of inspections conducted;
and
(4) A summary of the enforcement actions taken, including
the (3) The total number and type of enforcement actions taken
during the reporting period implemented and the type of enforcement
actions.
5. Post-construction stormwater management in for
new development and development on prior developed lands.
a. Applicable oversight requirements. The operator The
permittee shall address post-construction stormwater runoff that enters the
MS4 from the following [ land-disturbing land disturbing ]
activities by implementing a post-construction stormwater runoff management
program as follows:
(1) New development and development on prior developed
lands that are defined as large construction activities or small construction
activities in 9VAC25-870-10;
(2) New development and development on prior developed
lands that disturb greater than or equal to 2,500 square feet, but less than
one acre, located in a Chesapeake Bay Preservation Area designated by a local
government located in Tidewater, Virginia, as defined in § 62.1-44.15:68
of the Code of Virginia; and
(3) New development and development on prior developed
lands where an applicable state regulation or local ordinance has designated a
more stringent regulatory size threshold than that identified in subdivision
(1) or (2) above.
(1) If the permittee is a city, county, or town, with an approved Virginia Stormwater Management Program (VSMP), the permittee shall implement the VSMP consistent with the Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870) as well as develop an inspection and maintenance program in accordance with Parts I E 5 b and c;
(2) If the permittee is a town that has not adopted a VSMP,
[ the permittee shall rely on the surrounding city or county in
which the town is located to implement implementation of ] a
VSMP consistent with the Virginia Stormwater Management Act (§ 62.1-44.15:24 et
seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870) [ by
the surrounding county shall constitute compliance with Part I E 5 a; such town
shall notify the surrounding county of erosion, sedimentation, or other
post-construction stormwater runoff problems ] and develop an
inspection and maintenance program in accordance with Part I E 5 b and c;
(3) If the permittee is a state agency; public institution of higher education including community colleges, colleges, and universities; or federal entity and has developed standards and specifications in accordance with the Virginia Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870) [ , ] the permittee shall implement the most recent department approved standards and specifications and develop an inspection and maintenance program in accordance with Part I E 5 b;
(4) If the permittee is a state agency; public institution
of higher education including community colleges, colleges, and universities;
or federal entity and has not developed standards and specifications in
accordance with the Virginia Stormwater Management Act (§ 62.1-44.15:24 et
seq. of the Code of Virginia) and Virginia Stormwater Management Regulations
(9VAC25-870) [ , ] the permittee shall implement
a post-construction stormwater runoff control [ program ] through
compliance with 9VAC25-870 and with the implementation of a maintenance and
inspection program consistent with Part I E 5 b; or
(5) If the permittee is a subdivision of a local government such as a school board or other local government body, the permittee shall implement a post-construction stormwater runoff control [ program ] through compliance with 9VAC25-870 or in accordance with more stringent local requirements, if applicable, and with the implementation of a maintenance and inspection program consistent with Part I E 5 b.
b. Required design criteria for stormwater runoff controls.
The operator shall utilize legal authority, such as ordinances, permits,
orders, specific contract language, and interjurisdictional agreements, to
require that activities identified in Section II B 5 a address stormwater
runoff in such a manner that stormwater runoff controls are designed and
installed:
(1) In accordance with the appropriate water quality and
water quantity design criteria as required in Part II (9VAC25-870-40 et seq.)
of 9VAC25-870;
(2) In accordance with any additional applicable state or
local design criteria required at project initiation; and
(3) Where applicable, in accordance with any
department-approved annual standards and specifications.
Upon board approval of a Virginia Stormwater Management
Program authority (VSMP Authority) as defined in § 62.1-44.15:24 of the
Code of Virginia and reissuance of the Virginia Stormwater Management Program
(VSMP) General Permit for Discharges of Stormwater from Construction
Activities, the operator shall require that stormwater management plans are
approved by the appropriate VSMP Authority prior to land disturbance. In
accordance with § 62.1-44.15:27 M of the Code of Virginia, VSMPs shall
become effective July 1, 2014, unless otherwise specified by state law or by
the board.
c. Inspection, operation, and maintenance verification of
stormwater management facilities. b. The permittee shall implement an
inspection and maintenance program for those stormwater management facilities
owned or operated by the permittee that discharges to the MS4 as follows:
(1) For stormwater management facilities not owned by the
MS4 operator, the following conditions apply:
(a) The operator shall require adequate long-term operation
and maintenance by the owner of the stormwater management facility by requiring
the owner to develop a recorded inspection schedule and maintenance agreement
to the extent allowable under state or local law or other legal mechanism;
(b) The operator or his designee shall implement a schedule
designed to inspect all privately owned stormwater management facilities that
discharge into the MS4 at least once every five years to document that
maintenance is being conducted in such a manner to ensure long-term operation
in accordance with the approved designs.
(c) The operator shall utilize its legal authority for
enforcement of maintenance responsibilities if maintenance is neglected by the
owner. The operator may develop and implement a progressive compliance and
enforcement strategy provided that the strategy is included in the MS4 Program
Plan.
(d) Beginning with the issuance of this state permit, the
operator may utilize strategies other than maintenance agreements such as
periodic inspections, homeowner outreach and education, and other methods
targeted at promoting the long-term maintenance of stormwater control measures
that are designed to treat stormwater runoff solely from the individual
residential lot. Within 12 months of coverage under this permit, the operator
shall develop and implement these alternative strategies and include them in
the MS4 Program Plan.
(2) For stormwater management facilities owned by the MS4
operator, the following conditions apply:
(a) The operator shall provide for adequate long-term
operation and maintenance of its stormwater management facilities in accordance
with written inspection and maintenance procedures included in the MS4 Program
Plan. (1) The permittee shall develop and maintain written inspection and
maintenance procedures in order to ensure adequate long-term operation and
maintenance of its stormwater management facilities;
(b) (2) The operator permittee
shall inspect these stormwater management facilities annually owned
or operated by the permittee no less than once per year. The operator
permittee may choose to implement an alternative schedule to inspect
these stormwater management facilities based on facility type and expected
maintenance needs provided that the alternative schedule and rationale
is included in the MS4 Program Plan. program plan [ . The
alternative inspection frequency shall be no less than once per five years ];
and
(c) The operator shall conduct maintenance on its
stormwater management facilities as necessary. (3) If during the
inspection of the stormwater management facility conducted in accordance with
Part I E 5 b (2), it is determined that maintenance is required, the permittee
shall conduct the maintenance in accordance with the written procedures
developed under Part I E 5 b (1).
c. For those permittees described in Part I E 5 a (1) or (2), the permittee shall:
(1) Implement an inspection and enforcement program for stormwater management facilities not owned by the permittee (i.e., privately owned) that includes:
(a) An inspection frequency of no less than once per five years for all privately owned stormwater management facilities that discharge into the MS4; and
(b) Adequate long-term operation and maintenance by the
owner of the stormwater management facility by requiring the owner to develop
[ a recorded inspection schedule ] and [ record
a ] maintenance agreement [ , including an inspection
schedule ] to the extent allowable under state or local law or
other legal mechanism;
(2) Utilize its legal authority for enforcement of the maintenance responsibilities if maintenance is neglected by the owner; and
(3) The permittee may develop and implement a progressive compliance and enforcement strategy provided that the strategy is included in the MS4 program plan.
d. MS4 Program Plan requirements. The operator's MS4
Program Plan shall be updated in accordance with Table 1 to include:
(1) A list of the applicable legal authorities such as
ordinance, state and other permits, orders, specific contract language, and
interjurisdictional agreements to ensure compliance with the minimum control
measure in Section II related to post-construction stormwater management in new
development and development on prior developed lands;
(2) Written policies and procedures utilized to ensure that
stormwater management facilities are designed and installed in accordance with
Section II B 5 b;
(3) Written inspection policies and procedures utilized in
conducting inspections;
(4) Written procedures for inspection, compliance and
enforcement to ensure maintenance is conducted on private stormwater facilities
to ensure long-term operation in accordance with approved design;
(5) Written procedures for inspection and maintenance of
operator-owned stormwater management facilities;
(6) The roles and responsibilities of each of the
operator's departments, divisions, or subdivisions in implementing the minimum
control measure in Section II related to post-construction stormwater
management in new development and development on prior developed lands. If the
operator utilizes another entity to implement portions of the MS4 Program Plan,
a copy of the written agreement must be retained in the MS4 Program Plan. Roles
and responsibilities shall be updated as necessary.
e. Stormwater management facility tracking and reporting
requirements. The operator shall maintain an updated electronic database of all
known operator-owned and privately-owned stormwater management facilities that
discharge into the MS4. The database shall include the following: d. The
permittee shall maintain an electronic database or spreadsheet of all known
permittee-owned or permittee-operated and privately owned stormwater management
facilities that discharge into the MS4. The database shall also include all
BMPs implemented by the permittee to meet the Chesapeake Bay TMDL load
reduction as required in Part II A. A database shall include the following
information as applicable:
(1) The stormwater management facility [ or BMP ] type;
(2) A general description of the facility's location,
including the address or latitude and longitude; The stormwater
management facility or BMPs location as latitude and longitude;
(3) The acres treated by the facility, including total
acres, as well as the breakdown of pervious and impervious acres; stormwater
management facility or BMP, including total acres, pervious acres, and
impervious acres;
(4) The date the facility was brought online (MM/YYYY). If the
date brought online is not known, the operator permittee
shall use June 30, 2005 as the date brought online for all previously
existing stormwater management facilities;
(5) The sixth order hydrologic unit code (HUC) 6th
Order Hydrologic Unit Code in which the stormwater management facility is
located;
(6) The name of any impaired water segments within each HUC
listed in the 2010 § 305(b)/303(d) Water Quality Assessment Integrated
Report to which the stormwater management facility discharges;
(7) (6) Whether the stormwater management
facility or BMP is operator-owned owned or operated by the
permittee or privately-owned privately owned;
(7) Whether or not the stormwater management facility [ or BMP ] is part of the permittee's Chesapeake Bay TMDL action plan required in Part II A or local TMDL action plan required in Part II B, or both;
(8) Whether a maintenance agreement exists if the
stormwater management facility is privately owned; and If the stormwater
management facility [ or BMP ] is privately owned,
whether a maintenance agreement exists; and
(9) The date of the operator's permittee's most
recent inspection of the stormwater management facility or BMP.
e. The electronic database or spreadsheet shall be updated no later than 30 days after a new stormwater management facility is brought online, a new BMP is implemented to meet a TMDL load reduction as required in Part II, or discovered if it is an existing stormwater management facility.
f. The permittee shall use the DEQ Construction Stormwater Database or other application as specified by the department to report each stormwater management facility installed after July 1, 2014, to address the control of post-construction runoff from land disturbing activities for which the permittee is required to obtain a General VPDES Permit for Discharges of Stormwater from Construction Activities.
g. No later than October 1 of each year, the permittee shall electronically report the stormwater management facilities and BMPs implemented between July 1 and June 30 of each year using the DEQ BMP Warehouse and associated reporting template for any practices not reported in accordance with Part I E 5 f including stormwater management facilities installed to control post-development stormwater runoff from land disturbing activities less than one acre in accordance with the Chesapeake Bay Preservation Act regulations (9VAC25-830) and for which a General VPDES Permit for Discharges of Stormwater from Construction Activities was not required.
h. The MS4 program plan shall include:
(1) If the permittee implements a VSMP in accordance with Part I E 5 a (1) and (2):
(a) A copy of the VSMP approval letter issued by the department;
(b) Written inspection procedures and all associated documents utilized in the inspection of privately owned stormwater management facilities; and
(c) Written procedures for compliance and enforcement of inspection and maintenance requirements for privately owned BMPs.
(2) If the permittee implements a post-development stormwater runoff control program in accordance with Part I E 5 a (3):
(a) The most recently approved standards and [ specification
specifications ] or if incorporated by reference, the location
where the standards and [ specification
specifications ] can be viewed; and
(b) A copy of the most recent [ standard and
specification standards and specifications ] approval
letter from the department.
(3) A description of the legal authorities utilized to ensure compliance with Part I E 5 a for post-construction stormwater runoff control such as ordinances [ (provide citation as appropriate) ], permits, orders, specific contract language, and interjurisdictional agreements;
(4) Written inspection procedures and all associated documents utilized during inspection of stormwater management facilities owned or operated by the permittee;
(5) The roles and responsibilities of each of the permittee's departments, divisions, or subdivisions in implementing the post-construction stormwater runoff control program; and
(6) The stormwater management facility spreadsheet or
database incorporated by reference and the location or [ link
webpage address ] where the spreadsheet or database can be
reviewed.
In addition, the operator shall annually track and report
the total number of inspections completed and, when applicable, the number of
enforcement actions taken to ensure long-term maintenance.
The operator shall submit an electronic database or
spreadsheet of all stormwater management facilities brought online during each
reporting year with the appropriate annual report. Upon such time as the
department provides the operators access to a statewide web-based reporting
electronic database or spreadsheet, the operator shall utilize such database to
complete the pertinent reporting requirements of this state permit.
i. The annual report shall include the following information:
(1) If the permittee implements a Virginia Stormwater Management Program in accordance with Part I E 5 a (1) and (2):
(a) The number of privately owned stormwater management facility inspections conducted; and
(b) The number of enforcement actions initiated by the permittee to ensure long-term maintenance of privately owned stormwater management facilities including the type of enforcement action;
(2) Total number of inspections conducted on stormwater management facilities owned or operated by the permittee;
(3) A description of the significant [ maintenance, repair, or retrofit ] activities performed on the stormwater management facilities owned or operated by the permittee to ensure it continues to perform as designed. This does not include [ routine ] activities such as grass mowing or trash collection;
(4) A confirmation statement that the permittee submitted stormwater management facility information through the Virginia Construction Stormwater General Permit database for those land disturbing activities for which the permittee was required to obtain coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities in accordance with Part I E 5 f or a statement that the permittee did not complete any projects requiring coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities; and
(5) A confirmation statement that the permittee electronically reported BMPs using the DEQ BMP Warehouse in accordance with Part I E 5 g and the date on which the information was submitted.
6. Pollution prevention/good housekeeping for municipal
operations. Pollution prevention and good housekeeping for facilities
owned or operated by the permittee [ within the MS4 service area ].
a. Operations and maintenance activities. The MS4 Program
Plan submitted with the registration statement shall be implemented by the
operator until updated in accordance with this state permit. In accordance with
Table 1, the operator The permittee shall develop maintain
and implement written procedures designed to minimize or prevent pollutant
discharge from: (i) daily operations for those activities at facilities
owned or operated by the permittee, such as road, street, and parking lot
maintenance; (ii) equipment maintenance; and (iii) the
application, storage, transport, and disposal of pesticides, herbicides, and
fertilizers. The written procedures shall be utilized as part of the
employee training. At a minimum, the written procedures shall be designed
to:
(1) Prevent illicit discharges;
(2) Ensure the proper disposal of waste materials, including landscape wastes;
(3) Prevent the discharge of municipal wastewater or
permittee vehicle wash water or both into the MS4 without
authorization under a separate VPDES permit;
(4) Prevent the discharge of wastewater into the MS4
without authorization under a separate VPDES permit;
(5) (4) Require implementation of best
management practices when discharging water pumped from utility construction
and maintenance activities;
(6) (5) Minimize the pollutants in stormwater
runoff from bulk storage areas (e.g., salt storage, topsoil stockpiles) through
the use of best management practices;
(7) (6) Prevent pollutant discharge into the MS4
from leaking municipal automobiles and equipment; and
(8) (7) Ensure that the application of
materials, including fertilizers and pesticides, is conducted in accordance
with the manufacturer's recommendations.
b. Municipal facility pollution prevention and good
housekeeping. The written procedures established in accordance with Part
I E 6 a shall be utilized as part of the employee training program [ at
Part I E 6 m ].
(1) Within 12 months of state permit coverage, the operator
shall identify all municipal high-priority facilities. These high-priority
facilities shall include: (i) composting facilities, (ii) equipment storage and
maintenance facilities, (iii) materials storage yards, (iv) pesticide storage
facilities, (v) public works yards, (vi) recycling facilities, (vii) salt
storage facilities, (viii) solid waste handling and transfer facilities, and
(ix) vehicle storage and maintenance yards.
(2) c. Within 12 months of state permit
coverage, the [ operator permittee ] shall identify
which of the [ municipal ] high-priority facilities have a
high potential of discharging pollutants. [ Municipal high-priority
facilities that have a high potential for discharging pollutants are those
facilities identified in ] subsection (1) above [ Part
I E 6 a. ] The permittee shall maintain and implement a site
[ specific ] stormwater pollution prevention plan
[ (SWMPP) (SWPPP) ] for each [ high-priority
facility owned or operated by the permittee with a high potential to discharge
pollutants facility identified. High priority facilities that have a
high potential for discharging pollutants are those facilities ] that
are not covered under a separate VPDES permit and which any of the following
materials or activities occur and are expected to have exposure to stormwater
resulting from rain, snow, snowmelt or runoff:
(a) (1) Areas where residuals from using,
storing or cleaning machinery or equipment remain and are exposed to
stormwater;
(b) (2) Materials or residuals on the ground or
in stormwater inlets from spills or leaks;
(c) (3) Material handling equipment (except
adequately maintained vehicles);
(d) (4) Materials or products that would be
expected to be mobilized in stormwater runoff during loading/unloading loading
or unloading or transporting activities (e.g., rock, salt, fill dirt);
(e) (5) Materials or products stored outdoors
(except final products intended for outside use where exposure to stormwater
does not result in the discharge of pollutants);
(f) (6) Materials or products that would be
expected to be mobilized in stormwater runoff contained in open, deteriorated
or leaking storage drums, barrels, tanks, and similar containers;
(g) (7) Waste material except waste in covered, non-leaking
nonleaking containers (e.g., dumpsters);
(h) (8) Application or disposal of process
wastewater (unless otherwise permitted); or
(i) (9) Particulate matter or visible deposits
of residuals from roof stacks, vents or both not otherwise regulated (i.e., under
an air quality control permit) and evident in the stormwater runoff.
(3) The operator shall develop and implement specific
stormwater pollution prevention plans for all high-priority facilities
identified in subdivision 2 of this subsection. The operator shall complete
SWPPP development and implementation shall be completed within 48 months of
coverage under this state permit. Facilities covered under a separate VPDES
permit shall adhere to the conditions established in that permit and are
excluded from this requirement.
(4) d. Each SWPPP as required in Part I E 6 c
shall include the following:
(a) (1) A site description that includes a site
map identifying all outfalls, direction of stormwater flows, existing
source controls, and receiving water bodies;
(b) (2) A discussion description
and checklist of the potential pollutants and pollutant sources;
(c) (3) A discussion description
of all potential nonstormwater discharges;
(d) (4) Written procedures designed to reduce
and prevent pollutant discharge;
(e) (5) A description of the applicable training
as required in Section II B 6 d; Part I E 6 m;
(f) (6) Procedures to conduct an annual
comprehensive site compliance evaluation;
(g) (7) An inspection [ frequency of no
less than once per year ] and maintenance [ schedule requirements ]
for site specific source controls. The date of each inspection and associated
findings and follow-up shall be logged in each SWPPP; [ and ]
[ (8) An inspection log for each site specific
source control including the date and inspection findings; and ]
(h) The contents of each SWPPP shall be evaluated and
modified as necessary to accurately reflect any discharge, release, or spill
from the high-priority facility reported in accordance with Section III G. For
each such discharge, release, or spill, the SWPPP must include the following
information: date of incident; material discharged, released, or spilled; and
quantity discharged, released or spilled; and [ (9)
(8) ] A log of each unauthorized discharge, release, or spill
incident reported in accordance with Part III G including the following
information:
(a) Date of incident;
(b) Material discharged, released, or spilled; and
(c) Estimated quantity discharged, released or spilled
[ ;. ]
e. No later than June 30 of each year, the permittee shall annually review any high-priority facility owned or operated by the permittee for which a SWPPP has not been developed to determine if the facility has a high potential to discharge pollutants as described in Part I E 6 c. If the facility is determined to be a high-priority facility with a high potential to discharge pollutants, the permittee shall develop a SWPPP meeting the requirements of Part I E 6 d no later than December 31 of that same year.
f. The permittee shall review the contents of any site specific SWPPP no later than 30 days after any unauthorized discharge, release, or spill reported in accordance with Part III G to determine if additional measures are necessary to prevent future unauthorized discharges, releases, or spills. If necessary, the SWPPP shall be updated no later than 90 days after the unauthorized discharge.
(i) A copy of each SWPPP shall be kept at each facility and
shall be kept updated and utilized as part of staff training required in
Section II B 6 d. g. The SWPPP shall be kept at the high-priority
facility with a high potential to discharge and utilized as part of staff
training required in Part I E 6 m. The SWPPP and associated documents may be
maintained as a hard copy or electronically as long as the documents are
available to employees at the applicable site.
h. If activities change at a facility such that the facility no longer meets the criteria of a high-priority facility with a high potential to discharge pollutants as described in Part I E 6 c, the permittee may remove the facility from the list of high-priority facilities with a high potential to discharge pollutants.
c. Turf and landscape management.
(1) i. The operator permittee
shall maintain and implement turf and landscape nutrient management plans
that have been developed by a certified turf and landscape nutrient management
planner in accordance with § 10.1-104.2 of the Code of Virginia on all
lands owned or operated by the MS4 operator permittee where
nutrients are applied to a contiguous area greater than one acre. Implementation
shall be in accordance with the following schedule: If nutrients are
being applied to achieve final stabilization of a land disturbance project,
application shall follow the manufacturer's recommendations.
(a) Within 12 months of state permit coverage, the operator
shall identify all applicable lands where nutrients are applied to a contiguous
area of more than one acre. A latitude and longitude shall be provided for each
such piece of land and reported in the annual report.
(b) Within 60 months of state permit coverage, the operator
shall implement turf and landscape nutrient management plans on all lands where
nutrients are applied to a contiguous area of more than one acre. The following
measurable outcomes are established for the implementation of turf and
landscape nutrient management plans: (i) within 24 months of permit coverage,
not less than 15% of all identified acres will be covered by turf and landscape
nutrient management plans; (ii) within 36 months of permit coverage, not less
than 40% of all identified acres will be covered by turf and landscape nutrient
management plans; and (iii) within 48 months of permit coverage, not less than
75% of all identified acres will be covered by turf and landscape nutrient management
plans. The operator shall not fail to meet the measurable goals for two
consecutive years.
(c) MS4 operators with lands regulated under
§ 10.1-104.4 of the Code of Virginia shall continue to implement turf and
landscape nutrient management plans in accordance with this statutory
requirement. j. Permittees with lands regulated under § 10.1-104.4
of the Code of Virginia, including state agencies, state colleges and
universities, and other state government entities, shall continue to implement
turf and landscape nutrient management plans in accordance with this statutory
requirement.
(2) Operators shall annually track the following:
(a) The total acreage of lands where turf and landscape
nutrient management plans are required; and
(b) The acreage of lands upon which turf and landscape
nutrient management plans have been implemented.
(3) k. The operator permittee
shall not apply any deicing agent containing urea or other forms of nitrogen or
phosphorus to parking lots, roadways, and sidewalks, or other paved surfaces.
l. The permittee shall require through the use of contract
language, training, standard operating procedures, [ etc.,
or other measures within the permittee's legal authority ] that
contractors employed by the permittee and engaging in activities with the
potential to discharge pollutants use appropriate control measures to minimize
the discharge of pollutants to the MS4.
d. Training. The operator shall conduct training for
employees. The training requirements may be fulfilled, in total or in part,
through regional training programs involving two or more MS4 localities
provided; however, that each operator shall remain individually liable for its
failure to comply with the training requirements in this permit. Training is
not required if the topic is not applicable to the operator's operations and
therefore does not have applicable personnel provided the lack of applicability
is documented in the MS4 Program Plan. The operator shall determine and
document the applicable employees or positions to receive each type of
training. The operator shall develop an annual written training plan including
a schedule of training events that ensures implementation of the training
requirements as follows: m. The permittee shall develop a training plan
in writing for applicable staff that ensures the following:
(1) The operator shall provide biennial training to
applicable field Field personnel [ received
receive ] training in the recognition and reporting of illicit
discharges. no less than once per 24 months;
(2) The operator shall provide biennial training to
applicable employees in good housekeeping and pollution prevention practices
that are to be employed during road, street, and parking lot maintenance. Employees
performing road, street, and parking lot maintenance receive training in
pollution prevention and good housekeeping associated with those activities no
less than once per 24 months;
(3) The operator shall provide biennial training to applicable
employees in good housekeeping and pollution prevention practices that are to
be employed in and around maintenance and public works facilities. Employees
working in and around maintenance, public works, or recreational facilities
receive training in good housekeeping and pollution prevention practices
associated with those facilities no less than once per 24 months;
(4) The operator shall ensure that employees, Employees
and require that contractors, hired by the permittee who
apply pesticides and herbicides are properly trained or certified in
accordance with the Virginia Pesticide Control Act (§ 3.2-3900 et seq. of
the Code of Virginia) [ . ] Certification by the Virginia
Department of Agriculture and Consumer Services (VCACS) Pesticide and Herbicide
Applicator program shall constitute compliance with this requirement ];
(5) The operator shall ensure that employees Employees
and contractors serving as plan reviewers, inspectors, program administrators,
and construction site operators obtain the appropriate certifications as
required under the Virginia Erosion and Sediment Control Law and its attendant
regulations.;
(6) The operator shall ensure that applicable employees
obtain the appropriate certifications as required under the Virginia Erosion
and Sediment Control Law and its attendant regulations. Employees and
contractors implementing the stormwater program obtain the appropriate
certifications as required under the Virginia Stormwater Management Act and its
attendant regulations; and
(7) The operators shall provide biennial training to
applicable employees in good housekeeping and pollution prevention practices
that are to be employed in and around recreational facilities.
(8) The appropriate emergency response employees shall have
training in spill responses. A summary of the training or certification program
provided to emergency response employees shall be included in the first annual
report. (7) Employees whose duties include emergency response have been
trained in spill response. Training of emergency responders such as
firefighters and law-enforcement officers on the handling of spill releases as
part of a larger emergency response training shall satisfy this training
requirement and be documented in the training plan.
(9) The operator shall keep documentation on each training
event including the training date, the number of employees attending the
training, and the objective of the training event for a period of three years
after each training event. n. The permittee shall maintain documentation
of each training event conducted [ by the permittee ] to
fulfill the requirements of Part I E 6 m for a minimum of three years after the
training event. The documentation shall include the following information:
(1) The date of the training event;
(2) The number of employees attending the training event; and
(3) The objective of the training event.
o. The permittee may fulfill the training requirements in Part I E 6 m, in total or in part, through regional training programs involving two or more MS4 permittees; however, the permittee shall remain responsible for ensuring compliance with the training requirements.
e. The operator shall require that municipal contractors
use appropriate control measures and procedures for stormwater discharges to
the MS4 system. Oversight procedures shall be described in the MS4 Program
Plan.
f. At a minimum, the MS4 Program Plan shall contain: p.
The MS4 program plan shall include:
(1) The written protocols being used to satisfy procedures
for the daily operations and maintenance requirements; activities
as required by Part I E 6 a;
(2) A list of all municipal high-priority facilities that
identifies those facilities that have a high potential for chemicals or other
materials to be discharged in stormwater and a schedule that identifies the
year in which an individual SWPPP will be developed for those facilities
required to have a SWPPP. Upon completion of a SWPPP, the SWPPP shall be part
of the MS4 Program Plan. The MS4 Program Plan shall include the location in
which the individual SWPPP is located; A list of all high-priority
facilities owned or operated by the permittee required in accordance with Part
I E 6 c, and whether or not the facility has a high potential to discharge;
(3) A list of lands where nutrients are applied to a
contiguous area of more than one acre. Upon completion of a turf and landscape
nutrient management plan, the turf and landscape nutrient management plan shall
be part of the MS4 Program Plan. The MS4 Program Plan shall include the
location in which the individual turf and landscape nutrient management plan is
located; and A list of lands for which turf and landscape nutrient
management plans are required in accordance with Part I E 6 i and j, including
the following information:
(a) The total acreage on which nutrients are applied;
(b) The date of the most recently approved nutrient management plan for the property; and
(c) The [ MS4 program plan shall include the ]
location in which the individual turf and landscape nutrient management plan
is located [ .; ]
(4) A summary of mechanisms the permittee uses to ensure contractors working on behalf of the permittees implement the necessary good housekeeping and pollution prevention procedures, and stormwater pollution plans as appropriate; and
(4) (5) The annual written training plan for
the next reporting cycle. as required in Part I E 6 m.
g. Annual reporting requirements. q. The annual
report shall include the following:
(1) A summary report on the development and implementation
of the daily operational procedures; A summary of any [ daily ]
operational procedures developed or modified in accordance with Part I E 6 a
during the reporting period;
(2) A summary report on the development and implementation
of the required SWPPPs; A summary of any new SWPPPs developed in
accordance Part I E 6 c during the reporting period;
(3) A summary of any SWPPPs modified in accordance with Part I E 6 f [ or the rationale of any high priority facilities delisted in accordance with Part I E 6 h ] during the reporting period;
(3) A summary report on the development and implementation
of the turf and landscape nutrient management plans that includes: (4) A
summary of any new turf and landscape nutrient management plans developed that
includes:
(a) The total acreage of lands where turf and landscape
nutrient management plans are required Location and the total acreage of
each land area; and
(b) The acreage of lands upon which turf and landscape
nutrient management plans have been implemented The date of the approved
nutrient management plan; and
(4) A summary report on the required training, including a
list of training events, the training date, the number of employees attending
training and the objective of the training. (5) A list of the training events
conducted in accordance with Part I E 6 m, including the following information:
(a) The date of the training event;
(b) The number of employees who attended the training event; and
(c) The objective of the training event.
C. If an existing program requires the implementation of
one or more of the minimum control measures of Section II B, the operator, with
the approval of the board, may follow that program's requirements rather than
the requirements of Section II B. A program that may be considered includes,
but is not limited to, a local, state or tribal program that imposes, at a
minimum, the relevant requirements of Section II B.
The operator's MS4 Program Plan shall identify and fully
describe any program that will be used to satisfy one or more of the minimum
control measures of Section II B.
If the program the operator is using requires the approval
of a third party, the program must be fully approved by the third party, or the
operator must be working towards getting full approval. Documentation of the
program's approval status, or the progress towards achieving full approval,
must be included in the annual report required by Section II E 3. The operator
remains responsible for compliance with the permit requirements if the other
entity fails to implement the control measures (or component thereof).
D. The operator may rely on another entity to satisfy the
state permit requirements to implement a minimum control measure if: (i) the
other entity, in fact, implements the control measure; (ii) the particular
control measure, or component thereof, is at least as stringent as the
corresponding state permit requirement; and (iii) the other entity agrees to
implement the control measure on behalf of the operator. The agreement between
the parties must be documented in writing and retained by the operator with the
MS4 Program Plan for the duration of this state permit.
In the annual reports that must be submitted under Section
II E 3, the operator must specify that another entity is being relied on to
satisfy some of the state permit requirements.
If the operator is relying on another governmental entity
regulated under 9VAC25-870-380 to satisfy all of the state permit obligations,
including the obligation to file periodic reports required by Section II E 3, the
operator must note that fact in the registration statement, but is not required
to file the periodic reports.
The operator remains responsible for compliance with the
state permit requirements if the other entity fails to implement the control
measure (or component thereof).
E. Evaluation and assessment.
1. MS4 Program Evaluation. The operator must annually
evaluate:
a. Program compliance;
b. The appropriateness of the identified BMPs (as part of
this evaluation, the operator shall evaluate the effectiveness of BMPs in
addressing discharges into waters that are identified as impaired in the 2010 §
305(b)/303(d) Water Quality Assessment Integrated Report); and
c. Progress towards achieving the identified measurable
goals.
2. Recordkeeping. The operator must keep records required by
the state permit for at least three years. These records must be submitted to
the department only upon specific request. The operator must make the records,
including a description of the stormwater management program, available to the
public at reasonable times during regular business hours.
3. Annual reports. The operator must submit an annual report
for the reporting period of July 1 through June 30 to the department by the following
October 1 of that year. The reports shall include:
a. Background Information.
(1) The name and state permit number of the program
submitting the annual report;
(2) The annual report permit year;
(3) Modifications to any operator's department's roles and
responsibilities;
(4) Number of new MS4 outfalls and associated acreage by
HUC added during the permit year; and
(5) Signed certification;
b. The status of compliance with state permit conditions,
an assessment of the appropriateness of the identified best management
practices and progress towards achieving the identified measurable goals for
each of the minimum control measures;
c. Results of information collected and analyzed, including
monitoring data, if any, during the reporting period;
d. A summary of the stormwater activities the operator
plans to undertake during the next reporting cycle;
e. A change in any identified best management practices or
measurable goals for any of the minimum control measures including steps to be
taken to address any deficiencies;
f. Notice that the operator is relying on another
government entity to satisfy some of the state permit obligations (if
applicable);
g. The approval status of any programs pursuant to Section
II C (if appropriate), or the progress towards achieving full approval of these
programs; and
h. Information required for any applicable TMDL special
condition contained in Section I.
F. Program Plan modifications.
1. Program modifications requested by the operator.
Modifications to the MS4 Program are expected throughout the life of this state
permit as part of the iterative process to reduce the pollutant loadings and to
protect water quality. As such, modifications made in accordance with this
state permit as a result of the iterative process do not require modification
of this permit unless the department determines that the changes meet the
criteria referenced in 9VAC25-870-630 or 9VAC25-870-650. Updates and
modifications to the MS4 Program may be made during the life of this state permit
in accordance with the following procedures:
a. Adding (but not eliminating or replacing) components,
controls, or requirements to the MS4 Program may be made by the operator at any
time. Additions shall be reported as part of the annual report.
b. Updates and modifications to specific standards and
specifications, schedules, operating procedures, ordinances, manuals,
checklists, and other documents routinely evaluated and modified are permitted
under this state permit provided that the updates and modifications are done in
a manner that (i) is consistent with the conditions of this state permit, (ii)
follow any public notice and participation requirements established in this
state permit, and (iii) are documented in the annual report.
c. Replacing, or eliminating without replacement, any
ineffective or infeasible strategies, policies, and BMPs specifically
identified in this permit with alternate strategies, policies, and BMPs may be
requested at any time. Such requests must be made in writing to the department
and signed in accordance with 9VAC25-870-370, and include the following:
(1) An analysis of how or why the BMPs, strategies, or
policies are ineffective or infeasible, including information on whether the
BMPs, strategies, or policies are cost prohibitive;
(2) Expectations regarding the effectiveness of the
replacement BMPs, strategies, or policies;
(3) An analysis of how the replacement BMPs are expected to
achieve the goals of the BMPs to be replaced;
(4) A schedule for implementing the replacement BMPs,
strategies, and policies; and
(5) An analysis of how the replacement strategies and
policies are expected to improve the operator's ability to meet the goals of
the strategies and policies being replaced.
d. The operator follows the public involvement requirements
identified in Section II B 2 (a).
2. MS4 Program updates requested by the department. In a
manner and following procedures in accordance with the Virginia Administrative
Process Act, the Virginia Stormwater Management regulations, and other
applicable state law and regulations, the department may request changes to the
MS4 Program to assure compliance with the statutory requirements of the
Virginia Stormwater Management Act and its attendant regulations to:
a. Address impacts on receiving water quality caused by
discharges from the MS4;
b. Include more stringent requirements necessary to comply
with new state or federal laws or regulations; or
c. Include such other conditions necessary to comply with
state or federal law or regulation.
Proposed changes requested by the department shall be made
in writing and set forth the basis for and objective of the modification as
well as the proposed time schedule for the operator to develop and implement
the modification. The operator may propose alternative program modifications or
time schedules to meet the objective of the requested modification, but any
such modifications are at the discretion of the department.
Part II
TMDL Special Conditions
A. Chesapeake Bay TMDL special condition.
1. The Commonwealth in its Phase I and Phase II Chesapeake
Bay TMDL Watershed Implementation Plans (WIPs) committed to a phased approach
for MS4s, affording MS4 permittees up to three full five-year permit cycles to
implement necessary reductions. This permit is consistent with the Chesapeake
Bay TMDL and the Virginia Phase I and [ Phase ] II WIPs
to meet the Level 2 (L2) scoping run for existing developed lands as it
represents an implementation of an additional 35% of L2 as specified in the
2010 Phase I and [ Phase ] II WIPs. In combination with
the 5.0% reduction of L2 that has already been achieved [ for, ]
a total reduction at the end of this permit term of 40% of L2 [ will
be achieved ] Conditions of future permits will be consistent with
the TMDL or WIP conditions in place at the time of permit issuance.
2. The following definitions apply to Part II of this state permit for the purpose of the Chesapeake Bay TMDL special condition for discharges in the Chesapeake Bay Watershed:
"Existing sources" means pervious and impervious urban land uses served by the MS4 as of June 30, 2009.
"New sources" means pervious and impervious urban land uses served by the MS4 developed or redeveloped on or after July 1, 2009.
"Pollutants of concern" or "POC" means total nitrogen, total phosphorus, and total suspended solids.
"Transitional sources" means regulated land disturbing activities that are temporary in nature and discharge through the MS4.
3. Reduction requirements. No later than the expiration date
of this permit, the permittee shall reduce the load of total nitrogen, total
phosphorus, and total suspended solids from existing developed lands served by
the MS4 as of June 30, 2009, within the 2010 Census [ Urbanized
Area urbanized areas ] by at least 40% of the Level 2
(L2) Scoping Run Reductions. The 40% reduction is the sum of (i) the first
phase reduction of 5.0% of the L2 Scoping Run Reductions based on the lands
located within the 2000 Census [ Urbanized Areas
urbanized areas ] required by June 30, 2018; (ii) the second phase
reduction of at least 35% of the L2 Scoping Run based on lands within the 2000
Census [ Urbanized Areas urbanized areas ] required
by June 30, 2023; and (iii) the reduction of at least 40% of the L2 Scoping Run
[ based on, which shall only apply to the additional ]
lands [ within that were added by ] the
2010 expanded Census [ Urbanized Areas urbanized
areas ] required by June 30, 2023. The required reduction shall be
calculated using Tables 3a, 3b, 3c, and 3d below as applicable:
Table 3a |
||||||||
A |
B |
C |
D |
E |
F |
G |
||
Pollutant |
Subsource |
Loading rate (lbs/ac/yr)1 |
Existing developed lands as of 6/30/09 served by the MS4 within the 2010 CUA (acres)2 |
[ |
[ Percentage of ] MS4 required
Chesapeake Bay total L2 loading [ |
Percentage of L2 required reduction by 6/30/2023 |
40% cumulative reduction Required by 6/30/2023 (lbs/yr)4 |
Sum of 40% cumulative reduction (lb/yr)5 |
Nitrogen |
Regulated urban impervious |
9.39 |
|
9% |
40% |
|
|
|
Regulated urban pervious |
6.99 |
|
6% |
40% |
|
|||
Phosphorus |
Regulated urban impervious |
1.76 |
|
|
16% |
40% |
|
|
Regulated urban pervious |
0.5 |
|
|
7.25% |
40% |
|
||
Total suspended solids |
Regulated urban impervious |
676.94 |
|
|
20% |
40% |
|
|
Regulated urban pervious |
101.08 |
|
|
8.75% |
40% |
|
||
1Edge of stream loading rate based on the Chesapeake Bay Watershed Model Progress Run 5.3.2. 2To determine the existing developed acres required in Column B, permittees should first determine the extent of their regulated service area based on the 2010 Census urbanized area (CUA). Next, permittees will need to delineate the lands within the 2010 CUA served by the MS4 as pervious or impervious as of the baseline date of June 30, 2009. 3Column C = Column A x Column B. 4Column F = Column C x [ 5Column G = The sum of the subsource cumulative reduction required by 6/30/23 (lbs/yr) as calculated in Column F. |
Table 3b |
||||||||
A |
B |
C |
D |
E |
F |
G |
||
Pollutant |
Subsource |
Loading rate (lbs/ac/yr)1 |
Existing developed lands as of 6/30/09 served by the MS4 within the 2010 CUA (acres)2 |
[ |
[ Percentage of ] MS4 required Chesapeake
Bay total L2 loading [ |
Percentage of L2 required reduction by 6/30/2023 |
40% cumulative reduction required by 6/30/2023 (lbs/yr)4 |
Sum of 40% cumulative reduction (lb/yr)5 |
Nitrogen |
Regulated urban impervious |
16.86 |
|
9% |
40% |
|
|
|
Regulated urban pervious |
10.07 |
|
6% |
40% |
|
|||
Phosphorus |
Regulated Urban Impervious |
1.62 |
|
|
16% |
40% |
|
|
Regulated urban pervious |
0.41 |
|
|
7.25% |
40% |
|
||
Total suspended solids |
Regulated urban impervious |
1171.32 |
|
|
20% |
40% |
|
|
Regulated urban pervious |
175.8 |
|
|
8.75% |
40% |
|
||
1Edge of stream loading rate based on the Chesapeake Bay Watershed Model Progress Run 5.3.2 2To determine the existing developed acres required in Column B, permittees should first determine the extent of their regulated service area based on the 2010 Census urbanized area (CUA). Next, permittees will need to delineate the lands within the 2010 CUA served by the MS4 as pervious or impervious as of the baseline date of June 30, 2009. 3Column C = Column A x Column B. 4Column F = Column C x [ 5Column G = The sum of the subsource cumulative reduction required by 6/30/23 (lbs/yr) as calculated in Column F. |
Table 3c |
||||||||
A |
B |
C |
D |
E |
F |
G |
||
Pollutant |
Subsource |
Loading rate (lbs/ac/yr)1 |
Existing developed lands as of 6/30/09 served by the MS4 within the 2010 CUA (acres)2 |
[ |
[ Percentage of ] MS4 required
Chesapeake Bay total L2 loading [ |
Percentage of L2 required reduction by 6/30/2023 |
40% cumulative reduction Required by 6/30/2023 (lbs/yr)4 |
Sum of 40% cumulative reduction (lb/yr)5 |
Nitrogen |
Regulated urban impervious |
9.38 |
|
9% |
40% |
|
|
|
Regulated urban pervious |
5.34 |
|
6% |
40% |
|
|||
Phosphorus |
Regulated urban impervious |
1.41 |
|
|
16% |
40% |
|
|
Regulated urban pervious |
0.38 |
|
|
7.25% |
40% |
|
||
Total suspended solids |
Regulated urban impervious |
423.97 |
|
|
20% |
40% |
|
|
Regulated urban pervious |
56.01 |
|
|
8.75% |
40% |
|
||
1Edge of stream loading rate based on the Chesapeake Bay Watershed Model Progress Run 5.3.2. 2To determine the existing developed acres required in Column B, permittees should first determine the extent of their regulated service area based on the 2010 Census urbanized area (CUA). Next, permittees will need to delineate the lands within the 2010 CUA served by the MS4 as pervious or impervious as of the baseline date of June 30, 2009. 3Column C = Column A x Column B. 4Column F = Column C x [ 5Column G = The sum of the subsource cumulative reduction required by 6/30/23 (lbs/yr) as calculated in Column F. |
Table 3d |
||||||||
A |
B |
C |
D |
E |
F |
G |
||
Pollutant |
Subsource |
Loading rate (lbs/ac/yr)1 |
Existing developed lands as of 6/30/09 served by the MS4 within the 2010 CUA (acres)2 |
[ |
[ Percentage of ] MS4 required
Chesapeake Bay total L2 loading [ |
Percentage of L2 required reduction by 6/30/2023 |
40% cumulative reduction required by 6/30/2023 (lbs/yr)4 |
Sum of 40% cumulative reduction (lb/yr)5 |
Nitrogen |
Regulated urban impervious |
7.31 |
|
9% |
40% |
|
|
|
Regulated urban pervious |
7.65 |
|
6% |
40% |
|
|||
Phosphorus |
Regulated urban impervious |
1.51 |
|
|
16% |
40% |
|
|
Regulated urban pervious |
0.51 |
|
|
7.25% |
40% |
|
||
Total suspended solids |
Regulated urban impervious |
456.68 |
|
|
20% |
40% |
|
|
Regulated urban pervious |
72.78 |
|
|
8.75% |
40% |
|
||
1Edge of stream loading rate based on the Chesapeake Bay Watershed Model Progress Run 5.3.2. 2To determine the existing developed acres required in Column B, permittees should first determine the extent of their regulated service area based on the 2010 Census urbanized area (CUA). Next, permittees will need to delineate the lands within the 2010 CUA served by the MS4 as pervious or impervious as of the baseline date of June 30, 2009. 3Column C = Column A x Column B. 4Column F = Column C x [ 5Column G = The sum of the subsource cumulative reduction required by 6/30/23 (lbs/yr) as calculated in Column F. |
4. No later than the expiration date of this permit, the permittee shall offset 40% of the increased loads from new sources initiating construction between July 1, 2009, and June 30, 2019, and designed in accordance with 9VAC25-870 Part II C (9VAC25-870-93 et seq.) if the following conditions apply:
a. The activity disturbed one acre or greater; and
b. The resulting total phosphorous load was greater than 0.45 lb/acre/year, which is equivalent to an average land cover condition of 16% impervious cover.
The permittee shall utilize Table 4 of Part II A 5 to develop the equivalent pollutant load for nitrogen and total suspended solids for new sources meeting the requirements of this condition.
5. No later than the expiration date of this permit, the permittee shall offset the increased loads from projects grandfathered in accordance with 9VAC25-870-48 that begin construction after July 1, 2014, if the following conditions apply:
a. The activity disturbs one acre or greater; and
b. The resulting total phosphorous load was greater than 0.45 lb/acre/year, which is equivalent to an average land cover condition of 16% impervious cover.
The permittee shall utilize Table 4 below to develop the equivalent pollutant load for nitrogen and total suspended solids for grandfathered sources meeting the requirements of this condition.
|
Table 4 |
|||
|
Ratio of Phosphorus to Other POCs |
Phosphorus Loading Rate (lbs/acre) |
Nitrogen Loading Rate (lbs/acre) |
Total Suspended Solids Loading Rate (lbs/acre) |
|
James River Basin, Lynnhaven, and Little Creek Basins |
1.0 |
5.2 |
420.9 |
|
Potomac River Basin |
1.0 |
6.9 |
469.2 |
|
Rappahannock River Basin |
1.0 |
6.7 |
320.9 |
|
York River Basin (including Poquoson Coastal Basin) |
1.0 |
9.5 |
531.6 |
6. Reductions achieved in accordance with the General VPDES
Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer
Systems effective July 1, 2013, shall be applied [ to
toward ] the total reduction requirements to demonstrate compliance
with Part II A 3, A 4, and A 5.
7. Reductions shall be achieved in each river basin as calculated in Part II A 3 or for reductions in accordance with Part II A 4 and A 5 in the basin in which the new source or grandfathered project occurred.
8. Loading and reduction values greater than or equal to 10 pounds calculated in accordance with Part II A 3, A 4, and A 5 shall be calculated and reported to the nearest pound without regard to mathematical rules of precision. Loading and reduction values of less than 10 pounds reported in accordance with Part II A 3, A 4, and A 5 shall be calculated and reported to two significant digits.
9. Reductions required in Part II A 3, A 4, and A 5 shall be achieved through one or more of the following:
a. BMPs approved by the Chesapeake Bay Program;
b. BMPs approved by the department; or
c. A trading program described in Part II A 10.
10. The permittee may acquire and use total nitrogen and
total phosphorus credits in accordance with § 62.1-44.19:21 of the Code of
Virginia and total [ suspend suspended ] solids
in accordance with § 62.1-44.19:21.1 of the Code of Virginia for purposes of
compliance with the required reductions in [ Part II A 3 a
through A 3 d, A 4, and A 5, Table 3a, Table 3b, Table 3c, Table 3d
of Part II A 3; Part II A 4; and Part II A 5, ] provided the use of
credits has been approved by the department. The exchange of credits is subject
to the following requirements:
a. The credits are generated and applied to a compliance obligation in the same calendar year;
b. The credits are generated and applied to a compliance obligation in the same tributary;
c. The credits are acquired no later than June 1 immediately following the calendar year in which the credits are applied;
d. No later than June 1 immediately following the calendar
year in which the credits are applied, the permittee certifies on [ a
credit exchange notification form supplied by the department an MS4
Nutrient Credit Acquisition Form ] that the permittee has acquired
the credits;
e. Total nitrogen and total phosphorus credits shall be either point source credits generated by point sources covered by the Watershed Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed general permit issued pursuant to § 62.1-44.19:14 of the Code of Virginia, or nonpoint source credits certified pursuant to § 62.1-44.19:20 of the Code of Virginia;
f. Sediment credits shall be derived from one of the following:
(1) Implementation of BMP in a defined area outside of an MS4 service area, in which case the necessary baseline sediment reduction for such defined area shall be achieved prior to the permittee's use of additional reductions as credit; or
(2) A point source wasteload allocation established by the
Chesapeake Bay total maximum daily load, in which case the credit is the
difference between the wasteload allocation specified as an annual mass load
and any lower monitored annual mass load that is discharged as certified on
[ a form supplied by the department an MS4 Sediment
Credit Acquisition Form ].
g. Sediment credits shall not be associated with phosphorus credits used for compliance with the stormwater nonpoint nutrient runoff water quality criteria established pursuant to § 62.1-44.15:28 of the Code of Virginia.
11. No later than 12 months after the permit effective date, the permittee shall submit an updated Chesapeake Bay TMDL action plan for the reductions required in Part II A 3, A 4, and A 5 that includes the following information:
a. Any new or modified legal authorities, such as ordinances, permits, policy, specific contract language, orders, and interjurisdictional agreements, implemented or needing to be implemented to meet the requirements of Part II A 3, A 4, and A 5.
b. The load and cumulative reduction calculations for each river basin calculated in accordance with Part II A 3, A 4, and A 5.
c. The total reductions achieved as of July 1, 2018, for
each pollutant of concern in each river basin [ ;. ]
d. A list of BMPs implemented prior to July 1, 2018, to achieve reductions associated with the Chesapeake Bay TMDL including:
(1) The date of implementation; and
(2) The reductions achieved.
e. The BMPs to be implemented by the permittee prior to the expiration of this permit to meet the cumulative reductions calculated in Part II A 3, A 4, and A 5, including as applicable:
(1) Type of BMP;
(2) Project name;
(3) Location;
(4) Percent removal efficiency for each pollutant of concern; and
(5) Calculation of the reduction expected to be achieved by the BMP calculated and reported in accordance with the methodologies established in Part II A 8 for each pollutant of concern; and
f. A summary of any comments received as a result of public participation required in Part II A 12, the permittee's response, identification of any public meetings to address public concerns, and any revisions made to Chesapeake Bay TMDL action plan as a result of public participation.
12. Prior to submittal of the action plan required in Part II A 11, the permittee shall provide an opportunity for public comment on the additional BMPs proposed to meet the reductions not previously approved by the department in the first phase Chesapeake Bay TMDL action plan for no less than 15 days.
[ 13. The Chesapeake Bay TMDL action plan shall be
incorporated by reference into the MS4 program plan required by Part I B of
this permit.
14. 13. ] For each reporting
period, the corresponding annual report shall include the following
information:
a. A list of BMPs implemented during the reporting period but not reported to the DEQ BMP Warehouse in accordance with Part I E 5 g and the estimated reduction of pollutants of concern achieved by each and reported in pounds per year;
b. If the permittee acquired credits during the reporting period to meet all or a portion of the required reductions in Part II A 3, A 4, or A 5, a statement that credits were acquired;
c. The progress, using the final design efficiency of the BMPs, toward meeting the required cumulative reductions for total nitrogen, total phosphorus, and total suspended solids; and
d. A list of BMPs that are planned to be implemented during the next reporting period.
B. Local TMDL special condition [ . ]
1. The permittee shall develop a local TMDL action plan designed to reduce loadings for pollutants of concern if the permittee discharges the pollutants of concern to an impaired water for which a TMDL has been approved by the U.S. Environmental Protection Agency (EPA) as described in Part II B 1 a and 1 b:
a. For TMDLs approved by the EPA prior to July 1, 2013, and in which an individual or aggregate wasteload has been allocated to the permittee, the permittee shall update the previously approved local TMDL action plans to meet the conditions of Part II B 3, B 4, B 5, B 6, and B 7 as applicable, no later than 18 months after the permit effective date and continue implementation of the action plan; and
b. For TMDLs approved by EPA on or after July 1, 2013, and prior to June 30, 2018, and in which an individual or aggregate wasteload has been allocated to the permittee, the permittee shall develop and initiate implementation of action plans to meet the conditions of Part II B 3, B 4, B 5, B 6, and B 7 as applicable for each pollutant for which wasteloads have been allocated to the permittee's MS4 no later than 30 months after the permit effective date.
2. [ The permittee shall complete implementation of the TMDL action plans as soon as practicable. ] TMDL action plans may be implemented in multiple phases over more than one permit cycle using the adaptive iterative approach provided adequate progress is achieved in the implementation of BMPs designed to reduce pollutant discharges in a manner that is consistent with the assumptions and requirements of the applicable TMDL.
3. Each local TMDL action plan developed by the permittee shall include the following:
a. The TMDL project name;
b. The EPA approval date of the TMDL;
c. The wasteload allocated to the permittee (individually or in aggregate), and the corresponding percent reduction, if applicable;
d. Identification of the significant sources of the pollutants of concern discharging to the permittee's MS4 and [ that ] are not covered under a separate VPDES permit. For the purposes of this requirement, a significant source of pollutants means a discharge where the expected pollutant loading is greater than the average pollutant loading for the land use identified in the TMDL;
e. The BMPs designed to reduce the pollutants of concern in accordance with Parts II B 4, B 5, and B 6;
f. Any calculations required in accordance with Part II B 4, B 5, or B 6;
g. For action plans developed in accordance with Part II B 4 and B 5, an outreach strategy to enhance the public's education (including employees) on methods to eliminate and reduce discharges of the pollutants; and
h. A schedule of anticipated actions planned for implementation during this permit term.
4. Bacterial TMDLs.
a. If the permittee is an approved VSMP authority, the
permittee shall select and implement at least three of the strategies listed in
Table 5 below designed to reduce the load of bacteria to the MS4. Selection of
the strategies shall correspond to sources identified in Part II B 3
[ e d ].
b. If the permittee is not an approved VSMP authority, the
permittee shall select at least one strategy listed in Table 5 below designed
to reduce the load of bacteria to the MS4 relevant to sources of bacteria
applicable within the MS4 regulated service area. Selection of the strategies
shall correspond to sources identified in Part II B 3 [ e
d].
Table 5 |
|
Source |
Strategies (provided as an example and not meant to be all inclusive or limiting) |
Domestic pets (dogs and cats) |
Provide signage to pick up dog waste, providing pet waste bags and disposal containers. Adopt and enforce pet waste ordinances or policies, or leash laws or policies. Place dog parks away from environmentally sensitive areas. Maintain dog parks by removing disposed of pet waste bags and cleaning up other sources of bacteria. Protect riparian buffers and provide unmanicured vegetative buffers along streams to dissuade stream access. |
Urban wildlife |
Educate the public on how to reduce food sources accessible to urban wildlife (e.g., manage restaurant dumpsters and grease traps, residential garbage, feed pets indoors). Install storm drain inlet or outlet controls. Clean out storm drains to remove waste from wildlife. Implement and enforce urban trash management practices. Implement rooftop disconnection programs or site designs that minimize connections to reduce bacteria from rooftops Implement a program for removing animal carcasses from roadways and properly disposing of the same (either through proper storage or through transport to a licensed facility). |
Illicit connections or illicit discharges to the MS4 |
Implement an enhanced dry weather screening and illicit discharge, detection, and elimination program beyond the requirements of Part I E 3 to identify and remove illicit connections and identify leaking sanitary sewer lines infiltrating to the MS4 and implement repairs. Implement a program to identify potentially failing septic systems. Educate the public on how to determine whether their septic system is failing. Implement septic tank inspection and maintenance program. Implement an educational program beyond any requirements in Part I E 1 though E 6 to explain to citizens why they should not dump materials into the MS4. [ |
Dry weather urban flows (irrigations, carwashing, powerwashing, etc.) |
Implement public education programs to reduce dry weather flows from storm sewers related to lawn and park irrigation practices, carwashing, powerwashing and other nonstormwater flows. Provide irrigation controller rebates. Implement and enforce ordinances or policies related to outdoor water waste. Inspect commercial trash areas, grease traps, washdown practices, and enforce corresponding ordinances or policies. |
Birds (Canadian geese, gulls, pigeons, etc.) |
Identify areas with high bird populations and evaluate deterrents, population controls, habitat modifications and other measures that may reduce bird-associated bacteria loading. Prohibit feeding of birds. |
Other sources |
Enhance maintenance of stormwater management facilities owned or operated by the permittee. Enhance requirements for third parties to maintain stormwater management facilities. Develop BMPs for locating, transporting, and maintaining portable toilets used on permittee-owned sites. Educate third parties that use portable toilets on BMPs for use. Provide public education on appropriate recreational vehicle dumping practices. |
5. Local sediment, phosphorus, and nitrogen TMDLs.
a. The permittee shall reduce the loads associated with sediment, phosphorus, or nitrogen through implementation of one or more of the following:
(1) One or more of the BMPs from the Virginia Stormwater BMP Clearinghouse listed in 9VAC25-870-65 or other approved BMPs found on the Virginia Stormwater BMP Clearinghouse website;
(2) One or more BMPs approved by the Chesapeake Bay
[ program Program ]; or
(3) Land disturbance thresholds lower than Virginia's regulatory requirements for erosion and sediment control and post development stormwater management.
b. The permittee may meet the local TMDL requirements for sediment, phosphorus, or nitrogen through BMPs implemented to meet the requirements of the Chesapeake Bay TMDL in Part II A as long as the BMPs are implemented in the watershed for which local water quality is impaired.
c. The permittee shall calculate the anticipated load
reduction achieved from each BMP and include the calculations in the action
plan required in Part II B 3 [ g f ].
d. No later than 36 months after the effective date of this permit, the permittee shall submit to the department the anticipated end dates by which the permittee will meet each WLA for sediment, phosphorus, or nitrogen. The proposed end date may be developed in accordance with Part II B 2.
6. Polychlorinated biphenyl (PCB) TMDLs.
a. For each PCB TMDL action plan, the permittee shall include an inventory of potentially significant sources of PCBs owned or operated by the permittee that drains to the MS4 that includes the following information:
(1) Location of the potential source;
(2) Whether or not the potential source is from current site activities or activities previously conducted at the site that have been terminated (i.e. legacy activities); and
(3) A description of any measures being implemented or to be implemented to prevent exposure to stormwater and the discharge of PCBs from the site.
b. If at any time during the term of this permit, the permittee discovers a previously unidentified significant source of PCBs within the permittee's MS4 regulated service area, the permittee shall notify DEQ in writing within 30 days of discovery.
7. Prior to submittal of the action plan required in Part II B 1, the permittee shall provide an opportunity for public comment proposed to meet the local TMDL action plan requirements for no less than 15 days.
8. The MS4 program plan as required by Part I B of this permit shall incorporate each local TMDL action plan. Local TMDL action plans may be incorporated by reference into the MS4 program plan provided that the program plan includes the date of the most recent local TMDL action plan and identification of the location where a copy of the local TMDL action plan may be obtained.
9. For each reporting period, each annual report shall
include a summary of actions conducted to implement each local TMDL action
[ plans plan ].
SECTION Part III
CONDITIONS APPLICABLE TO ALL STATE PERMITS Conditions Applicable to
All State and VPDES Permits
NOTE: Discharge monitoring is not required for [ compliance
purposes by ] this general permit. If the operator chooses to
monitor stormwater discharges [ or control measures, the
operator must comply with the requirements of Part III A, B, and C as
appropriate for informational or screening purposes, the operator
does not need to comply with the requirements of Parts III A, B, or C ].
A. Monitoring.
1. Samples and measurements taken for the purpose of monitoring
shall be representative of the monitored monitoring 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 state permit. Analyses performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory certified under regulations adopted by the Department of General Services (1VAC30-45 or 1VAC30-46).
3. The operator shall periodically calibrate and perform
maintenance procedures on all monitoring and analytical instrumentation at
intervals that will insure ensure accuracy of measurements.
B. Records.
1. Monitoring records/reports records and reports
shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) individuals who performed
the sampling or measurements;
c. The date(s) dates and time(s) times
analyses were performed;
d. The individual(s) individuals who performed
the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The operator 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 state permit, and records of all data used to complete the registration statement for this state 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 operator, or as requested by the board.
C. Reporting monitoring results.
1. The operator shall submit the results of the monitoring required
by as may be performed in accordance with this state permit with the
annual report unless another reporting schedule is specified elsewhere in this state
permit.
2. Monitoring results shall be reported on a Discharge
Monitoring Report discharge monitoring report (DMR); on forms
provided, approved or specified by the department; or in any format provided that
the date, location, parameter, method, and result of the monitoring activity
are included.
3. If the operator monitors any pollutant specifically addressed by this state permit more frequently than required by this state 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 state permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations that require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this state permit.
D. Duty to provide information. The operator shall furnish to
the department, within a reasonable time, any information that the board
may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this state permit or to determine compliance with this
state permit. The board, department, or EPA may require the operator to
furnish, upon request, such plans, specifications, and other pertinent
information as may be necessary to determine the effect of the wastes from his
discharge on the quality of surface waters, or such other information as may be
necessary to accomplish the purposes of the CWA and Virginia Stormwater
Management Act. The operator shall also furnish to the board, department,
or EPA upon request, copies of records required to be kept by this state
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 state permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized stormwater discharges. Pursuant to § 62.1-44.15:26
§ 62.1-44.5 of the Code of Virginia, except in compliance with a state
permit issued by the board department, it shall be unlawful to
cause a stormwater discharge from a MS4.
G. Reports of unauthorized discharges. Any operator of a small
MS4 who discharges or causes or allows a discharge of sewage, industrial waste,
other wastes or any noxious or deleterious substance or a hazardous substance
or oil in an amount equal to or in excess of a reportable quantity established
under either 40 CFR Part 110, 40 CFR Part 117 or, 40 CFR Part 302,
or § 62.1-44.34:19 of the Code of Virginia that occurs during a 24-hour
period into or upon surface waters; or who discharges or causes or
allows a discharge that may reasonably be expected to enter surface waters,
shall notify the department of the discharge immediately upon discovery of the
discharge, but in no case later than within 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 state 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" (Part III
U) or "upset," as defined herein (Part III V),
should occur from a facility and the discharge enters or could be expected to
enter surface waters, the operator shall promptly notify, in no case later than
within 24 hours, the department by telephone after the discovery of the
discharge. This notification shall provide all available details of the
incident, including any adverse effects on aquatic life and the known number of
fish killed. The operator shall reduce the report to writing and shall submit
it to the department within five days of discovery of the discharge in
accordance with Section Part III I 2. Unusual and extraordinary
discharges include but are not limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the facilities; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect surface waters or may endanger public health.
1. An oral report to the department shall be provided
within 24 hours to the department from the time the operator becomes
aware of the circumstances. The following shall be included as information which
that shall be reported within 24 hours under this paragraph 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 or its designee department may
waive the written report on a case-by-case basis for reports of noncompliance
under Section Part III I if the oral report has been received
within 24 hours and no adverse impact on surface waters has been reported.
3. The operator shall report all instances of noncompliance not
reported under Sections Part III I 1 or 2, in writing, at as
part of the time the next monitoring annual reports that
are submitted. The reports shall contain the information listed in Section
Part III I 2.
NOTE: The immediate (within 24 hours) reports required to
be provided to the department in Sections Part III G, H,
and I may shall be made to the appropriate Regional Office
Pollution Response Program as found at
http://deq.virginia.gov/Programs/PollutionResponsePreparedness.aspx department.
Reports may be made by telephone, email, or by fax. For reports
outside normal working hours, leave leaving a recorded
message and this shall fulfill the immediate reporting requirement. For
emergencies, the Virginia Department of Emergency Services Management
maintains a 24-hour telephone service at 1-800-468-8892.
4. Where the operator becomes aware of a failure to submit any
relevant facts, or submittal of incorrect information in any report,
including a registrations statement, to the department, it the
operator shall promptly submit such facts or correct information.
J. Notice of planned changes.
1. The operator 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 operator plans an 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 that may
meet one of the criteria for determining whether a facility is a new source in
9VAC25-870-420:
(1) After promulgation of standards of performance under
§ 306 of the Clean Water Act that are applicable to such source; or
(2) After proposal of standards of performance in
accordance with § 306 of the Clean Water Act that are applicable to such
source, but only if the standards are promulgated in accordance with § 306
within 120 days of their proposal;
b. The operator plans an alteration or addition that would significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this state permit; or
2. The operator shall give advance notice to the department of
any planned changes in the permitted facility or activity; which that
may result in noncompliance with state permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For
the purpose of this subsection, chapter, a responsible corporate
officer means: (i) A 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 which that govern the
operation of the regulated facility including having the explicit or implicit
duty of making major capital investment recommendations, and initiating and directing
other comprehensive measures to assure long term 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
state 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 by either a principal executive officer or ranking elected
official. For purposes of this subsection chapter, a principal
executive officer of a public agency includes:
(1) The chief executive officer of the agency, or
(2) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc and other information. All
reports required by state permits, including annual reports, and other
information requested by the board or department shall be signed by a
person described in Section 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 Section 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 operator. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and
c. The signed and dated written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Section
Part III K 2 is no longer accurate because a different individual or
position has responsibility for the overall operation of the facility, MS4,
a new authorization satisfying the requirements of Section 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 Sections
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 gathered ]
and [ evaluate evaluated ] 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 operator shall comply with all
conditions of this state permit. Any state permit noncompliance constitutes a
violation of the Virginia Stormwater Management Act and the Clean Water Act,
except that noncompliance with certain provisions of this state permit may
constitute a violation of the Virginia Stormwater Management Act but not the
Clean Water Act. State permit Permit noncompliance is grounds for
enforcement action; for state permit termination, revocation and reissuance, or
modification; or denial of a state permit renewal application.
The operator shall comply with effluent standards or prohibitions established under § 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this state permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the operator wishes to continue an activity regulated by this state permit after the expiration date of this state permit, the operator shall submit a new registration statement at least 90 days before the expiration date of the existing state 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 state permit.
N. Effect of a state permit. This state permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.
O. State law. Nothing in this state permit shall be construed
to preclude the institution of any legal action under, or relieve the operator
from any responsibilities, liabilities, or penalties established pursuant to any
other state law or regulation or under authority preserved by § 510 of the
Clean Water Act. Except as provided in state permit conditions on
"bypassing" (Section (Part III U), and
"upset" (Section (Part III V) nothing in this state
permit shall be construed to relieve the operator from civil and criminal
penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this state permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties to which the operator is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law or § 311 of the Clean Water Act.
Q. Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances), which are installed or used by the operator to achieve compliance with the conditions of this state permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by the operator only when the operation is necessary to achieve compliance with the conditions of this state 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 surface waters and in compliance with all applicable state and federal laws and regulations.
S. Duty to mitigate. The operator shall take all reasonable steps to minimize or prevent any discharge in violation of this state permit that has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator 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 state permit.
U. Bypass.
1. "Bypass," as defined in 9VAC25-870-10, means the
intentional diversion of waste streams from any portion of a treatment
facility. The operator may allow any bypass to occur that does not cause
effluent limitations to be exceeded, but only if it also is for essential
maintenance to assure ensure efficient operation. These bypasses
are not subject to the provisions of Sections Part III U 2 and U
3.
2. Notice.
a. Anticipated bypass. If the operator knows in advance of the
need for a bypass, the operator shall submit prior notice shall be
submitted, to the department, if possible at least 10 days before
the date of the bypass.
b. Unanticipated bypass. The operator shall submit notice of
an unanticipated bypass as required in Section Part III I.
3. Prohibition of bypass.
a. Bypass Except as provided in Part III U 1, bypass
is prohibited, and the board or its designee department may take
enforcement action against an operator 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 operator submitted notices as required under Section
Part III U 2.
b. The board or its designee department may
approve an anticipated bypass, after considering its adverse effects, if the board
or its designee department determines that it will meet the three
conditions listed above in Section Part III U 3 a.
V. Upset.
1. An "upset," as defined in 9VAC25-870-10, constitutes
an affirmative defense to an action brought for noncompliance with technology
based state permit effluent limitations if the requirements of Section 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. means
an exceptional incident in which there is unintentional and temporary noncompliance
with technology based state permit effluent limitations because of factors
beyond the reasonable control of the operator. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
2. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based state permit effluent limitations if the requirements of Part III V 4 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.
3. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
3. 4. An operator 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 operator can identify the cause(s)
causes of the upset;
b. The permitted facility was at the time being properly operated;
c. The operator submitted notice of the upset as required in Section
Part III I; and
d. The operator complied with any remedial measures required
under Section Part III S.
4. 5. In any enforcement proceeding the operator
seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and entry. The operator shall allow the
department as the board's designee, EPA, or an authorized representative
(including an authorized contractor acting as a representative of the
administrator), contractor), upon presentation of credentials and
other documents as may be required by law, to:
1. Enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this state permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this state permit;
3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this state permit; and
4. Sample or monitor at reasonable times, for the purposes of assuring
state ensuring permit compliance or as otherwise authorized by the
Clean Water Act and the Virginia Stormwater Management Act, any substances or
parameters at any location.
For purposes of this subsection, 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. State permit actions. State permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator for a state permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any state permit condition.
Y. Transfer of state permits.
1. State permits are not transferable to any person except
after notice to the department. Except as provided in Section Part
III Y 2, a state permit may be transferred by the operator to a new operator
only if the state permit has been modified or revoked and reissued, or a minor modification
made, to identify the new operator and incorporate such other requirements as
may be necessary under the Virginia Stormwater Management Act and the Clean
Water Act.
2. As an alternative to transfers under Section Part
III Y 1, this state permit may be automatically transferred to a new operator
if:
a. The current operator notifies the department at least two
30 days in advance of the proposed transfer of the title to the facility
or property;
b. The notice includes a written agreement between the existing and new operators containing a specific date for transfer of state permit responsibility, coverage, and liability between them; and
c. The board department does not notify the
existing operator and the proposed new operator of its intent to modify or
revoke and reissue the state permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in Section
Part III Y 2 b.
Z. Severability. The provisions of this state permit are severable, and if any provision of this state permit or the application of any provision of this state permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this state permit, shall not be affected thereby.
9VAC25-890-50. Delegation of authority. (Repealed.)
The director, or his designee, may perform any act of the
board provided under this chapter, except as limited by § 62.1-44.14 of
the Code of Virginia.
FORMS (9VAC25-890)
MS4 Nutrient Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)
MS4 Sediment Credit Acquisition Form, MS4-SCAFv1 (eff. 9/2018)