9 Va. Admin. Code § 25-880-70 - General permit
Any operator whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements contained therein and be subject to all requirements of 9VAC25-870.
General Permit No.: VAR10
Effective Date: July 1, 2019
Expiration Date: June 30, 2024
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM AND THE VIRGINIA STORMWATER MANAGEMENT ACT
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the Virginia Stormwater Management Act and regulations adopted pursuant thereto, operators of construction activities are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in State Water Control Board regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the registration statement filed with the Department of Environmental Quality, this cover page, Part I - Discharge Authorization and Special Conditions, Part II - Stormwater Pollution Prevention Plan, and Part III - Conditions Applicable to All VPDES Permits as set forth in this general permit.
PART I
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS
A. Coverage under this general permit.
1. During the period beginning with the date
of coverage under this general permit and lasting until the general permit's
expiration date, the operator is authorized to discharge stormwater from
construction activities.
2. This
general permit also authorizes stormwater discharges from support activities
(e.g., concrete or asphalt batch plants, equipment staging yards, material
storage areas, excavated material disposal areas, borrow areas) located on-site
or off-site provided that:
a. The support
activity is directly related to the construction activity that is required to
have general permit coverage for discharges of stormwater from construction
activities;
b. The support activity
is not a commercial operation, nor does it serve multiple unrelated
construction activities by different operators;
c. The support activity does not operate
beyond the completion of the last construction activity it supports;
d. The support activity is identified in the
registration statement at the time of general permit coverage;
e. Appropriate control measures are
identified in a stormwater pollution prevention plan and implemented to address
the discharges from the support activity areas; and
f. All applicable state, federal, and local
approvals are obtained for the support activity.
B. Limitations on coverage.
1. Post-construction discharges. This general
permit does not authorize stormwater discharges that originate from the site
after construction activities have been completed and the site, including any
support activity sites covered under the general permit registration, has
undergone final stabilization. Post-construction industrial stormwater
discharges may need to be covered by a separate VPDES permit.
2. Discharges mixed with nonstormwater. This
general permit does not authorize discharges that are mixed with sources of
nonstormwater, other than those discharges that are identified in Part I E
(Authorized nonstormwater discharges) and are in compliance with this general
permit.
3. Discharges covered by
another state permit. This general permit does not authorize discharges of
stormwater from construction activities that have been covered under an
individual permit or required to obtain coverage under an alternative general
permit.
4. Impaired waters and
total maximum daily load (TMDL) limitation.
a.
Nutrient and sediment impaired waters. Discharges of stormwater from
construction activities to surface waters identified as impaired in the 2016
§ 305(b)/303(d) Water Quality Assessment Integrated Report or for which a
TMDL wasteload allocation has been established and approved prior to the term
of this general permit for (i) sediment or a sediment-related parameter (i.e.,
total suspended solids or turbidity) or (ii) nutrients (i.e., nitrogen or
phosphorus) are not eligible for coverage under this general permit unless the
operator develops, implements, and maintains a stormwater pollution prevention
plan (SWPPP) in accordance with Part II B 5 of this permit that minimizes the
pollutants of concern and, when applicable, is consistent with the assumptions
and requirements of the approved TMDL wasteload allocations and implements an
inspection frequency consistent with Part II G 2 a.
b. Polychlorinated biphenyl (PCB) impaired
waters. Discharges of stormwater from construction activities that include the
demolition of any structure with at least 10,000 square feet of floor space
built or renovated before January 1, 1980, to surface waters identified as
impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated
Report or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit for PCB are not eligible for
coverage under this general permit unless the operator develops, implements,
and maintains a SWPPP in accordance with Part II B 6 of this permit that
minimizes the pollutants of concern and, when applicable, is consistent with
the assumptions and requirements of the approved TMDL wasteload allocations,
and implements an inspection frequency consistent with Part II G 2 a.
5. Exceptional waters limitation.
Discharges of stormwater from construction activities not previously covered
under the general permit effective on July 1, 2014, to exceptional waters
identified in
9VAC25-260-30
A 3 c are not eligible for coverage under this general permit unless the
operator develops, implements, and maintains a SWPPP in accordance with Part II
B 7 of this permit and implements an inspection frequency consistent with Part
II G 2 a.
6. There shall be no
discharge of floating solids or visible foam in other than trace
amounts.
C. Commingled
discharges. Discharges authorized by this general permit may be commingled with
other sources of stormwater that are not required to be covered under a state
permit, so long as the commingled discharge is in compliance with this general
permit. Discharges authorized by a separate state or VPDES permit may be
commingled with discharges authorized by this general permit so long as all
such discharges comply with all applicable state and VPDES permit
requirements.
D. Prohibition of
nonstormwater discharges. Except as provided in Parts I A 2, I C, and I E, all
discharges covered by this general permit shall be composed entirely of
stormwater associated with construction activities. All other discharges
including the following are prohibited:
1.
Wastewater from washout of concrete;
2. Wastewater from the washout and cleanout
of stucco, paint, form release oils, curing compounds, and other construction
materials;
3. Fuels, oils, or other
pollutants used in vehicle and equipment operation and maintenance;
4. Oils, toxic substances, or hazardous
substances from spills or other releases; and
5. Soaps, solvents, or detergents used in
equipment and vehicle washing.
E. Authorized nonstormwater discharges. The
following nonstormwater discharges from construction activities are authorized
by this general permit when discharged in compliance with this general permit:
1. Discharges from firefighting
activities;
2. Fire hydrant
flushings;
3. Waters used to wash
vehicles or equipment where soaps, solvents, or detergents have not been used
and the wash water has been filtered, settled, or similarly treated prior to
discharge;
4. Water used to control
dust that has been filtered, settled, or similarly treated prior to
discharge;
5. Potable water
sources, including uncontaminated waterline flushings, managed in a manner to
avoid an instream impact;
6.
Routine external building wash down where soaps, solvents or detergents have
not been used and the wash water has been filtered, settled, or similarly
treated prior to discharge;
7.
Pavement wash waters where spills or leaks of toxic or hazardous materials have
not occurred (or where all spilled or leaked material has been removed prior to
washing); where soaps, solvents, or detergents have not been used; and where
the wash water has been filtered, settled, or similarly treated prior to
discharge;
8. Uncontaminated air
conditioning or compressor condensate;
9. Uncontaminated ground water or spring
water;
10. Foundation or footing
drains where flows are not contaminated with process materials such as
solvents;
11. Uncontaminated
excavation dewatering, including dewatering of trenches and excavations that
have been filtered, settled, or similarly treated prior to discharge;
and
12. Landscape
irrigation.
F.
Termination of general permit coverage.
1. The
operator of the construction activity shall submit a notice of termination in
accordance with
9VAC25-880-60,
unless a registration statement was not required to be submitted in accordance
with
9VAC25-880-50
A 1 c or A 2 b for single-family detached residential structures, to the VSMP
authority after one or more of the following conditions have been met:
a. Necessary permanent control measures
included in the SWPPP for the site are in place and functioning effectively and
final stabilization has been achieved on all portions of the site for which the
operator has operational control. When applicable, long term responsibility and
maintenance requirements for permanent control measures shall be recorded in
the local land records prior to the submission of a complete and accurate
notice of termination and the construction record drawing prepared;
b. Another operator has assumed control over
all areas of the site that have not been finally stabilized and obtained
coverage for the ongoing discharge;
c. Coverage under an alternative VPDES or
state permit has been obtained; or
d. For individual lots in residential
construction only, final stabilization as defined in
9VAC25-880-1 has been
completed, including providing written notification to the homeowner and
incorporating a copy of the notification and signed certification statement
into the SWPPP, and the residence has been transferred to the
homeowner.
2. The notice
of termination shall be submitted no later than 30 days after one of the above
conditions in subdivision 1 of this subsection is met.
3. Termination of authorization to discharge
for the conditions set forth in subdivision 1 a of this subsection shall be
effective upon notification from the department that the provisions of
subdivision 1 a of this subsection have been met or 60 days after submittal of
a complete and accurate notice of termination in accordance with
9VAC25-880-60
C, whichever occurs first.
4.
Authorization to discharge terminates at midnight on the date that the notice
of termination is submitted for the conditions set forth in subdivisions 1 b
through 1 d of this subsection unless otherwise notified by the VSMP authority
or department.
5. The notice of
termination shall be signed in accordance with Part III K of this general
permit.
G. Water quality
protection.
1. The operator shall select,
install, implement, and maintain control measures as identified in the SWPPP at
the construction site that minimize pollutants in the discharge as necessary to
ensure that the operator's discharge does not cause or contribute to an
excursion above any applicable water quality standard.
2. If it is determined by the department that
the operator's discharges are causing, have reasonable potential to cause, or
are contributing to an excursion above any applicable water quality standard,
the department, in consultation with the VSMP authority, may take appropriate
enforcement action and require the operator to:
a. Modify or implement additional control
measures in accordance with Part II C to adequately address the identified
water quality concerns;
b. Submit
valid and verifiable data and information that are representative of ambient
conditions and indicate that the receiving water is attaining water quality
standards; or
c. Submit an
individual permit application in accordance with
9VAC25-870-410 B
3.
All written responses required under this chapter shall include a signed certification consistent with Part III K.
PART II
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
1. A stormwater pollution prevention plan
(SWPPP) shall be developed prior to the submission of a registration statement
and implemented for the construction activity, including any support activity,
covered by this general permit. SWPPPs shall be prepared in accordance with
good engineering practices. Construction activities that are part of a larger
common plan of development or sale and disturb less than one acre may utilize a
SWPPP template provided by the department and need not provide a separate
stormwater management plan if one has been prepared and implemented for the
larger common plan of development or sale.
2. The SWPPP requirements of this general
permit may be fulfilled by incorporating by reference other plans such as a
spill prevention control and countermeasure (SPCC) plan developed for the site
under § 311 of the federal Clean Water Act or best management practices
(BMP) programs otherwise required for the facility provided that the
incorporated plan meets or exceeds the SWPPP requirements of Part II B. All
plans incorporated by reference into the SWPPP become enforceable under this
general permit. If a plan incorporated by reference does not contain all of the
required elements of the SWPPP, the operator shall develop the missing elements
and include them in the SWPPP.
3.
Any operator that was authorized to discharge under the general permit
effective July 1, 2014, and that intends to continue coverage under this
general permit, shall update its stormwater pollution prevention plan to comply
with the requirements of this general permit no later than 60 days after the
date of coverage under this general permit.
B. Contents. The SWPPP shall include the
following items:
1. General information.
a. A signed copy of the registration
statement, if required, for coverage under the general VPDES permit for
discharges of stormwater from construction activities;
b. Upon receipt, a copy of the notice of
coverage under the general VPDES permit for discharges of stormwater from
construction activities (i.e., notice of coverage letter);
c. Upon receipt, a copy of the general VPDES
permit for discharges of stormwater from construction activities;
d. A narrative description of the nature of
the construction activity, including the function of the project (e.g., low
density residential, shopping mall, highway, etc.);
e. A legible site plan identifying:
(1) Directions of stormwater flow and
approximate slopes anticipated after major grading activities;
(2) Limits of land disturbance including
steep slopes and natural buffers around surface waters that will not be
disturbed;
(3) Locations of major
structural and nonstructural control measures, including sediment basins and
traps, perimeter dikes, sediment barriers, and other measures intended to
filter, settle, or similarly treat sediment, that will be installed between
disturbed areas and the undisturbed vegetated areas in order to increase
sediment removal and maximize stormwater infiltration;
(4) Locations of surface waters;
(5) Locations where concentrated stormwater
is discharged;
(6) Locations of any
support activities, including (i) areas where equipment and vehicle washing,
wheel wash water, and other wash water is to occur; (ii) storage areas for
chemicals such as acids, fuels, fertilizers, and other lawn care chemicals;
(iii) concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v)
sanitary waste facilities, including those temporarily placed on the
construction site; and (vi) construction waste storage; and
(7) When applicable, the location of the
on-site rain gauge or the methodology established in consultation with the VSMP
authority used to identify measurable storm events for inspection as allowed by
Part II G 2 a (1) (ii) or 2 b (2).
2. Erosion and sediment control plan.
a. An erosion and sediment control plan
designed and approved in accordance with the Virginia Erosion and Sediment
Control Regulations (9VAC25-840), an "agreement in lieu of a plan" as defined
in
9VAC25-840-10 from
the VESCP authority, or an erosion and sediment control plan prepared in
accordance with annual standards and specifications approved by the
department.
b. All erosion and
sediment control plans shall include a statement describing the maintenance
responsibilities required for the erosion and sediment controls used.
c. An approved erosion and sediment control
plan, "agreement in lieu of a plan," or erosion and sediment control plan
prepared in accordance with department-approved annual standards and
specifications, implemented to:
(1) Control
the volume and velocity of stormwater runoff within the site to minimize soil
erosion;
(2) Control stormwater
discharges, including peak flow rates and total stormwater volume, to minimize
erosion at outlets and to minimize downstream channel and stream bank
erosion;
(3) Minimize the amount of
soil exposed during the construction activity;
(4) Minimize the disturbance of steep
slopes;
(5) Minimize sediment
discharges from the site in a manner that addresses (i) the amount, frequency,
intensity, and duration of precipitation; (ii) the nature of resulting
stormwater runoff; and (iii) soil characteristics, including the range of soil
particle sizes present on the site;
(6) Provide and maintain natural buffers
around surface waters, direct stormwater to vegetated areas to increase
sediment removal, and maximize stormwater infiltration, unless
infeasible;
(7) Minimize soil
compaction and, unless infeasible, preserve topsoil;
(8) Ensure initiation of stabilization
activities, as defined in
9VAC25-880-1, of
disturbed areas immediately whenever any clearing, grading, excavating, or
other land-disturbing activities have permanently ceased on any portion of the
site, or temporarily ceased on any portion of the site and will not resume for
a period exceeding 14 days; and
(9)
Utilize outlet structures that withdraw stormwater from the surface (i.e.,
above the permanent pool or wet storage water surface elevation), unless
infeasible, when discharging from sediment basins or sediment
traps.
3.
Stormwater management plan.
a. Except for
those projects identified in Part II B 3 b, a stormwater management plan
approved by the VSMP authority as authorized under the Virginia Stormwater
Management Program (VSMP) Regulation (9VAC25-870), or an "agreement in lieu of
a stormwater management plan" as defined in
9VAC25-870-10 from
the VSMP authority, or a stormwater management plan prepared in accordance with
annual standards and specifications approved by the department.
b. For any operator meeting the conditions of
9VAC25-870-47
B of the VSMP regulation, an approved stormwater management plan is not
required. In lieu of an approved stormwater management plan, the SWPPP shall
include a description of, and all necessary calculations supporting, all
post-construction stormwater management measures that will be installed prior
to the completion of the construction process to control pollutants in
stormwater discharges after construction operations have been completed.
Structural measures should be placed on upland soils to the degree possible.
Such measures must be designed and installed in accordance with applicable
VESCP authority, VSMP authority, state, and federal requirements, and any
necessary permits must be obtained.
4. Pollution prevention plan. A pollution
prevention plan that addresses potential pollutant-generating activities that
may reasonably be expected to affect the quality of stormwater discharges from
the construction activity, including any support activity. The pollution
prevention plan shall:
a. Identify the
potential pollutant-generating activities and the pollutant that is expected to
be exposed to stormwater;
b.
Describe the location where the potential pollutant-generating activities will
occur, or if identified on the site plan, reference the site plan;
c. Identify all nonstormwater discharges, as
authorized in Part I E of this general permit, that are or will be commingled
with stormwater discharges from the construction activity, including any
applicable support activity;
d.
Identify the person responsible for implementing the pollution prevention
practice or practices for each pollutant-generating activity (if other than the
person listed as the qualified personnel);
e. Describe the pollution prevention
practices and procedures that will be implemented to:
(1) Prevent and respond to leaks, spills, and
other releases including (i) procedures for expeditiously stopping, containing,
and cleaning up spills, leaks, and other releases; and (ii) procedures for
reporting leaks, spills, and other releases in accordance with Part III
G;
(2) Prevent the discharge of
spilled and leaked fuels and chemicals from vehicle fueling and maintenance
activities (e.g., providing secondary containment such as spill berms, decks,
spill containment pallets, providing cover where appropriate, and having spill
kits readily available);
(3)
Prevent the discharge of soaps, solvents, detergents, and wash water from
construction materials, including the clean-up of stucco, paint, form release
oils, and curing compounds (e.g., providing (i) cover (e.g., plastic sheeting
or temporary roofs) to prevent contact with stormwater; (ii) collection and
proper disposal in a manner to prevent contact with stormwater; and (iii) a
similarly effective means designed to prevent discharge of these
pollutants);
(4) Minimize the
discharge of pollutants from vehicle and equipment washing, wheel wash water,
and other types of washing (e.g., locating activities away from surface waters
and stormwater inlets or conveyance and directing wash waters to sediment
basins or traps, using filtration devices such as filter bags or sand filters,
or using similarly effective controls);
(5) Direct concrete wash water into a
leak-proof container or leak-proof settling basin. The container or basin shall
be designed so that no overflows can occur due to inadequate sizing or
precipitation. Hardened concrete wastes shall be removed and disposed of in a
manner consistent with the handling of other construction wastes. Liquid
concrete wastes shall be removed and disposed of in a manner consistent with
the handling of other construction wash waters and shall not be discharged to
surface waters;
(6) Minimize the
discharge of pollutants from storage, handling, and disposal of construction
products, materials, and wastes including (i) building products such as asphalt
sealants, copper flashing, roofing materials, adhesives, and concrete
admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and
landscape materials; and (iii) construction and domestic wastes such as
packaging materials, scrap construction materials, masonry products, timber,
pipe and electrical cuttings, plastics, Styrofoam, concrete, and other trash or
building materials;
(7) Prevent the
discharge of fuels, oils, and other petroleum products, hazardous or toxic
wastes, waste concrete, and sanitary wastes;
(8) Address any other discharge from the
potential pollutant-generating activities not addressed above; and
(9) Minimize the exposure of waste materials
to precipitation by closing or covering waste containers during precipitation
events and at the end of the business day, or implementing other similarly
effective practices. Minimization of exposure is not required in cases where
the exposure to precipitation will not result in a discharge of pollutants;
and
f. Describe
procedures for providing pollution prevention awareness of all applicable
wastes, including any wash water, disposal practices, and applicable disposal
locations of such wastes, to personnel in order to comply with the conditions
of this general permit. The operator shall implement the procedures described
in the SWPPP.
5. SWPPP
requirements for discharges to nutrient and sediment impaired waters. For
discharges to surface waters (i) identified as impaired in the 2016 §
305(b)/303(d) Water Quality Assessment Integrated Report or (ii) with an
applicable TMDL wasteload allocation established and approved prior to the term
of this general permit for sediment for a sediment-related parameter (i.e.,
total suspended solids or turbidity) or nutrients (i.e., nitrogen or
phosphorus), the operator shall:
a. Identify
the impaired waters, approved TMDLs, and pollutants of concern in the SWPPP;
and
b. Provide clear direction in
the SWPPP that:
(1) Permanent or temporary
soil stabilization shall be applied to denuded areas within seven days after
final grade is reached on any portion of the site;
(2) Nutrients shall be applied in accordance
with manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
(3) A modified inspection schedule shall be
implemented in accordance with Part II G 2 a.
6. SWPPP requirements for discharges to
polychlorinated biphenyl (PCB) impaired waters. For discharges from
construction activities that include the demolition of any structure with at
least 10,000 square feet of floor space built or renovated before January 1,
1980, to surface waters (i) identified as impaired in the 2016 §
305(b)/303(d) Water Quality Assessment Integrated Report or (ii) with an
applicable TMDL wasteload allocation established and approved prior to the term
of this general permit for PCB, the operator shall:
a. Identify the impaired waters, approved
TMDLs, and pollutant of concern in the SWPPP;
b. Implement the approved erosion and
sediment control plan in accordance with Part II B 2;
c. Dispose of waste materials in compliance
with applicable state, federal, and local requirements; and
d. Implement a modified inspection schedule
in accordance with Part II G 2 a.
7. SWPPP requirements for discharges to
exceptional waters. For discharges to surface waters identified in
9VAC25-260-30
A 3 c as an exceptional water, the operator shall:
a. Identify the exceptional surface waters in
the SWPPP; and
b. Provide clear
direction in the SWPPP that:
(1) Permanent or
temporary soil stabilization shall be applied to denuded areas within seven
days after final grade is reached on any portion of the site;
(2) Nutrients shall be applied in accordance
with manufacturer's recommendations or an approved nutrient management plan and
shall not be applied during rainfall events; and
(3) A modified inspection schedule shall be
implemented in accordance with Part II G 2 a.
8. Identification of qualified personnel. The
name, phone number, and qualifications of the qualified personnel conducting
inspections required by this general permit.
9. Delegation of authority. The individuals
or positions with delegated authority, in accordance with Part III K, to sign
inspection reports or modify the SWPPP.
10. SWPPP signature. The SWPPP shall be
signed and dated in accordance with Part III K.
C. SWPPP amendments, modification, and
updates.
1. The operator shall amend the SWPPP
whenever there is a change in the design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to
surface waters and that has not been previously addressed in the
SWPPP.
2. The SWPPP shall be
amended if, during inspections or investigations by the operator's qualified
personnel, or by local, state, or federal officials, it is determined that the
existing control measures are ineffective in minimizing pollutants in
discharges from the construction activity. Revisions to the SWPPP shall include
additional or modified control measures designed and implemented to correct
problems identified. If approval by the VESCP authority, VSMP authority, or
department is necessary for the control measure, revisions to the SWPPP shall
be completed no later than seven calendar days following approval.
Implementation of these additional or modified control measures shall be
accomplished as described in Part II H.
3. The SWPPP shall clearly identify the
contractors that will implement and maintain each control measure identified in
the SWPPP. The SWPPP shall be amended to identify any new contractor that will
implement and maintain a control measure.
4. The operator shall update the SWPPP as
soon as possible but no later than seven days following any modification to its
implementation. All modifications or updates to the SWPPP shall be noted and
shall include the following items:
a. A record
of dates when:
(1) Major grading activities
occur;
(2) Construction activities
temporarily or permanently cease on a portion of the site; and
(3) Stabilization measures are
initiated;
b.
Documentation of replaced or modified controls where periodic inspections or
other information have indicated that the controls have been used
inappropriately or incorrectly and were modified;
c. Areas that have reached final
stabilization and where no further SWPPP or inspection requirements
apply;
d. All properties that are
no longer under the legal control of the operator and the dates on which the
operator no longer had legal control over each property;
e. The date of any prohibited discharges, the
discharge volume released, and what actions were taken to minimize the impact
of the release;
f. Measures taken
to prevent the reoccurrence of any prohibited discharge; and
g. Measures taken to address any evidence
identified as a result of an inspection required under Part II G.
5. Amendments, modifications, or
updates to the SWPPP shall be signed in accordance with Part III K.
D. Public notification. Upon
commencement of land disturbance, the operator shall post conspicuously a copy
of the notice of coverage letter near the main entrance of the construction
activity. For linear projects, the operator shall post the notice of coverage
letter at a publicly accessible location near an active part of the
construction project (e.g., where a pipeline crosses a public road). The
operator shall maintain the posted information until termination of general
permit coverage as specified in Part I F.
E. SWPPP availability.
1. Operators with day-to-day operational
control over SWPPP implementation shall have a copy of the SWPPP available at a
central location on-site for use by those identified as having responsibilities
under the SWPPP whenever they are on the construction site.
2. The operator shall make the SWPPP and all
amendments, modifications, and updates available upon request to the
department, the VSMP authority, the EPA, the VESCP authority, local government
officials, or the operator of a municipal separate storm sewer system receiving
discharges from the construction activity. If an on-site location is
unavailable to store the SWPPP when no personnel are present, notice of the
SWPPP's location shall be posted near the main entrance of the construction
site.
3. The operator shall make
the SWPPP available for public review in an electronic format or in hard copy.
Information for public access to the SWPPP shall be posted and maintained in
accordance with Part II D. If not provided electronically, public access to the
SWPPP may be arranged upon request at a time and at a publicly accessible
location convenient to the operator or his designee but shall be no less than
once per month and shall be during normal business hours. Information not
required to be contained within the SWPPP by this general permit is not
required to be released.
F. SWPPP implementation. The operator shall
implement the SWPPP and subsequent amendments, modifications, and updates from
commencement of land disturbance until termination of general permit coverage
as specified in Part I F.
1. All control
measures shall be properly maintained in effective operating condition in
accordance with good engineering practices and, where applicable, manufacturer
specifications. If a site inspection required by Part II G identifies a control
measure that is not operating effectively, corrective actions shall be
completed as soon as practicable, but no later than seven days after discovery
or a longer period as established by the VSMP authority, to maintain the
continued effectiveness of the control measures.
2. If site inspections required by Part II G
identify an existing control measure that needs to be modified or if an
additional or alternative control measure is necessary for any reason,
implementation shall be completed prior to the next anticipated measurable
storm event. If implementation prior to the next anticipated measurable storm
event is impracticable, then additional or alternative control measures shall
be implemented as soon as practicable, but no later than seven days after
discovery or a longer period as established by the VSMP authority.
G. SWPPP Inspections.
1. Personnel responsible for on-site and
off-site inspections. Inspections required by this general permit shall be
conducted by the qualified personnel identified by the operator in the SWPPP.
The operator is responsible for ensuring that the qualified personnel conduct
the inspection.
2. Inspection
schedule.
a. For construction activities that
discharge to a surface water identified in Part II B 5 and B 6 as impaired or
having an approved TMDL or Part II B 7 as exceptional, the following inspection
schedule requirements apply:
(1) Inspections
shall be conducted at a frequency of (i) at least once every four business days
or (ii) at least once every five business days and no later than 24 hours
following a measurable storm event. In the event that a measurable storm event
occurs when there are more than 24 hours between business days, the inspection
shall be conducted on the next business day; and
(2) Representative inspections as authorized
in Part II G 2 d shall not be allowed.
b. Except as specified in Part II G 2 a,
inspections shall be conducted at a frequency of:
(1) At least once every five business days;
or
(2) At least once every 10
business days and no later than 24 hours following a measurable storm event. In
the event that a measurable storm event occurs when there are more than 24
hours between business days, the inspection shall be conducted on the next
business day.
c. Where
areas have been temporarily stabilized or land-disturbing activities will be
suspended due to continuous frozen ground conditions and stormwater discharges
are unlikely, the inspection frequency described in Part II G 2 a and 2 b may
be reduced to once per month. If weather conditions (such as above freezing
temperatures or rain or snow events) make discharges likely, the operator shall
immediately resume the regular inspection frequency.
d. Except as prohibited in Part II G 2 a (2),
representative inspections may be utilized for utility line installation,
pipeline construction, or other similar linear construction activities provided
that:
(1) Temporary or permanent soil
stabilization has been installed and vehicle access may compromise the
temporary or permanent soil stabilization and potentially cause additional land
disturbance increasing the potential for erosion;
(2) Inspections occur on the same frequency
as other construction activities;
(3) Control measures are inspected along the
construction site 0.25 miles above and below each access point (i.e., where a
roadway, undisturbed right-of-way, or other similar feature intersects the
construction activity and access does not compromise temporary or permanent
soil stabilization); and
(4)
Inspection locations are provided in the inspection report required by Part II
G.
e. If adverse weather
causes the safety of the inspection personnel to be in jeopardy, the inspection
may be delayed until the next business day on which it is safe to perform the
inspection. Any time inspections are delayed due to adverse weather conditions,
evidence of the adverse weather conditions shall be included in the SWPPP with
the dates of occurrence.
3. Inspection requirements.
a. As part of the inspection, the qualified
personnel shall:
(1) Record the date and time
of the inspection and, when applicable, the date and rainfall amount of the
last measurable storm event;
(2)
Record the information and a description of any discharges occurring at the
time of the inspection or evidence of discharges occurring prior to the
inspection;
(3) Record any
land-disturbing activities that have occurred outside of the approved erosion
and sediment control plan;
(4)
Inspect the following for installation in accordance with the approved erosion
and sediment control plan, identification of any maintenance needs, and
evaluation of effectiveness in minimizing sediment discharge, including whether
the control has been inappropriately or incorrectly used:
(a) All perimeter erosion and sediment
controls, such as silt fence;
(b)
Soil stockpiles, when applicable, and borrow areas for stabilization or
sediment trapping measures;
(c)
Completed earthen structures, such as dams, dikes, ditches, and diversions for
stabilization and effective impoundment or flow control;
(d) Cut and fill slopes;
(e) Sediment basins and traps, sediment
barriers, and other measures installed to control sediment discharge from
stormwater;
(f) Temporary or
permanent channels, flumes, or other slope drain structures installed to convey
concentrated runoff down cut and fill slopes;
(g) Storm inlets that have been made
operational to ensure that sediment laden stormwater does not enter without
first being filtered or similarly treated; and
(h) Construction vehicle access routes that
intersect or access paved or public roads for minimizing sediment
tracking;
(5) Inspect
areas that have reached final grade or that will remain dormant for more than
14 days to ensure:
(a) Initiation of
stabilization activities have occurred immediately, as defined in
9VAC25-880-1;
and
(b) Stabilization activities
have been completed within seven days of reaching grade or stopping
work;
(6) Inspect for
evidence that the approved erosion and sediment control plan, "agreement in
lieu of a plan," or erosion and sediment control plan prepared in accordance
with department-approved annual standards and specifications has not been
properly implemented. This includes:
(a)
Concentrated flows of stormwater in conveyances such as rills, rivulets, or
channels that have not been filtered, settled, or similarly treated prior to
discharge, or evidence thereof;
(b)
Sediment laden or turbid flows of stormwater that have not been filtered or
settled to remove sediments prior to discharge;
(c) Sediment deposition in areas that drain
to unprotected stormwater inlets or catch basins that discharge to surface
waters. Inlets and catch basins with failing sediment controls due to improper
installation, lack of maintenance, or inadequate design are considered
unprotected;
(d) Sediment
deposition on any property (including public and private streets) outside of
the construction activity covered by this general permit;
(e) Required stabilization has not been
initiated or completed or is not effective on portions of the site;
(f) Sediment basins without adequate wet or
dry storage volume or sediment basins that allow the discharge of stormwater
from below the surface of the wet storage portion of the basin;
(g) Sediment traps without adequate wet or
dry storage or sediment traps that allow the discharge of stormwater from below
the surface of the wet storage portion of the trap; and
(h) Land disturbance or sediment deposition
outside of the approved area to be disturbed;
(7) Inspect pollutant generating activities
identified in the pollution prevention plan for the proper implementation,
maintenance, and effectiveness of the procedures and practices;
(8) Identify any pollutant generating
activities not identified in the pollution prevention plan; and
(9) Identify and document the presence of any
evidence of the discharge of pollutants prohibited by this general
permit.
4.
Inspection report. Each inspection report shall include the following items:
a. The date and time of the inspection and,
when applicable, the date and rainfall amount of the last measurable storm
event;
b. Summarized findings of
the inspection;
c. The locations of
prohibited discharges;
d. The
locations of control measures that require maintenance;
e. The locations of control measures that
failed to operate as designed or proved inadequate or inappropriate for a
particular location;
f. The
locations where any evidence identified under Part II G 3 a (6)
exists;
g. The locations where any
additional control measure is needed;
h. A list of corrective actions required
(including any changes to the SWPPP that are necessary) as a result of the
inspection or to maintain permit compliance;
i. Documentation of any corrective actions
required from a previous inspection that have not been implemented;
and
j. The date and signature of
the qualified personnel and the operator or its duly authorized
representative.
5. The
inspection report shall be included into the SWPPP no later than four business
days after the inspection is complete.
6. The inspection report and any actions taken in accordance with Part II shall be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated. The inspection report shall identify any incidents of noncompliance. Where an inspection report does not identify any incidents of noncompliance, the report shall contain a certification that the construction activity is in compliance with the SWPPP and this general permit. The report shall be signed in accordance with Part III K of this general permit.
H. Corrective actions.
1. The operator shall implement the
corrective actions identified as a result of an inspection as soon as
practicable but no later than seven days after discovery or a longer period as
approved by the VSMP authority. If approval of a corrective action by a
regulatory authority (e.g., VSMP authority, VESCP authority, or the department)
is necessary, additional control measures shall be implemented to minimize
pollutants in stormwater discharges until such approvals can be
obtained.
2. The operator may be
required to remove accumulated sediment deposits located outside of the
construction activity covered by this general permit as soon as practicable in
order to minimize environmental impacts. The operator shall notify the VSMP
authority and the department as well as obtain all applicable federal, state,
and local authorizations, approvals, and permits prior to the removal of
sediments accumulated in surface waters including wetlands.
PART III CONDITIONS APPLICABLE TO ALL VPDES PERMITS
NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor stormwater discharges or control measures, the operator shall comply with the requirements of subsections A, B, and C, as appropriate.
A. Monitoring.
1. Samples and measurements taken for the
purpose of monitoring shall be representative of the 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 general 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 ensure accuracy of
measurements.
B. Records.
1. Monitoring records and reports shall
include:
a. The date, exact place, and time of
sampling or measurements;
b. The
individuals who performed the sampling or measurements;
c. The dates and times analyses were
performed;
d. The individuals who
performed the analyses;
e. The
analytical techniques or methods used; and
f. The results of such
analyses.
2. The 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 general
permit, and records of all data used to complete the registration statement for
this general 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 update the SWPPP to
include the results of the monitoring as may be performed in accordance with
this general permit, unless another reporting schedule is specified elsewhere
in this general permit.
2.
Monitoring results shall be reported on a 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 general permit more frequently than required by
this general 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 general permit, the results of
this monitoring shall be included in the calculation and reporting of the data
submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations which
require averaging of measurements shall utilize an arithmetic mean unless
otherwise specified in this general permit.
D. Duty to provide information. The operator
shall furnish, within a reasonable time, any information which the board may
request to determine whether cause exists for terminating this general permit
coverage or to determine compliance with this general permit. The board,
department, EPA, or VSMP authority 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 the Virginia Stormwater Management Act.
The operator shall also furnish to the board, department, EPA, or VSMP
authority, upon request, copies of records required to be kept by this general
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
general permit shall be submitted no later than 14 days following each schedule
date.
F. Unauthorized stormwater
discharges. Pursuant to §
62.1-44.5
of the Code of Virginia, except in compliance with a state permit issued by the
department, it shall be unlawful to cause a stormwater discharge from a
construction activity.
G. Reports
of unauthorized discharges. Any operator 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, 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
Environmental Quality 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 and the VSMP authority 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 general permit.
Discharges reportable to the department and the VSMP authority under the immediate reporting requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary
discharges. If any unusual or extraordinary discharge including a "bypass" or
"upset," as defined in this general permit, 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
and the VSMP authority 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 and the VSMP authority within five days of discovery of the
discharge in accordance with Part III I 2. Unusual and extraordinary discharges
include any discharge resulting from:
1.
Unusual spillage of materials resulting directly or indirectly from processing
operations;
2. Breakdown of
processing or accessory equipment;
3. Failure or taking out of service of 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 and the VSMP authority shall be provided within 24 hours from
the time the operator becomes aware of the circumstances. The following shall
be included as information that shall be reported within 24 hours under this
subdivision:
a. Any unanticipated bypass;
and
b. Any upset 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 department may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on surface waters has been reported.
3. The
operator shall report all instances of noncompliance not reported under Part
III I 1 or 2 in writing as part of the SWPPP. The reports shall contain the
information listed in Part III I 2.
NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP authority. Reports may be made by telephone, email, or by fax. For reports outside normal working hours, leaving a recorded message shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.
4. Where the operator becomes aware of a
failure to submit any relevant facts, or submittal of incorrect information in
any report, including a registration statement, to the department or the VSMP
authority, the operator shall promptly submit such facts or correct
information.
J. Notice of
planned changes.
1. The operator shall give
notice to the department and the VSMP authority as soon as possible of any
planned physical alterations or additions to the permitted facility or
activity. Notice is required only when:
a. The
operator plans an alteration or addition to any building, structure, facility,
or installation that may meet one of the criteria for determining whether a
facility is a new source in
9VAC25-870-420;
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 general permit; or
2. The operator shall give advance notice to
the department and VSMP authority of any planned changes in the permitted
facility or activity, which 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 chapter, a responsible corporate
officer means:
(i) a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy-making or
decision-making functions for the corporation; or
(ii) the manager of one or more
manufacturing, production, or operating facilities, provided the manager is
authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other
comprehensive measures to assure long-term 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 either a principal
executive officer or ranking elected official. For purposes of this chapter, a
principal executive officer of a public agency includes (i) the chief executive
officer of the agency or (ii) a senior executive officer having responsibility
for the overall operations of a principal geographic unit of the
agency.
2. Reports and
other information. All reports required by this general permit, including
SWPPPs, and other information requested by the board or the department shall be
signed by a person described in Part III K 1 or by a duly authorized
representative of that person. A person is a duly authorized representative
only if:
a. The authorization is made in
writing by a person described in Part III K 1;
b. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity such as the position of plant manager, operator
of a well or a well field, superintendent, position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the 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 included in the SWPPP. A copy shall be provided
to the department and VSMP authority, if requested.
3. Changes to authorization. If an
authorization under Part III K 2 is no longer accurate because a different
individual or position has responsibility for the overall operation of the
construction activity, a new authorization satisfying the requirements of Part
III K 2 shall be submitted to the VSMP authority as the administering entity
for the board prior to or together with any reports or information to be signed
by an authorized representative.
4.
Certification. Any person signing a document under Part III K 1 or 2 shall make
the following certification:
"I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and 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 general
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 general permit may constitute a violation of
the Virginia Stormwater Management Act but not the Clean Water Act. Permit
noncompliance is grounds for enforcement action; for state permit coverage,
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 general 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
general permit after the expiration date of this general permit, the operator
shall submit a new registration statement at least 60 days before the
expiration date of the existing general 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 general permit.
N. Effect
of a state permit. This general 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 general 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 general
permit conditions on "bypassing" (Part III U) and "upset" (Part III V), nothing
in this general permit shall be construed to relieve the operator from civil
and criminal penalties for noncompliance.
P. Oil and hazardous substance liability.
Nothing in this general 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 general 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 general
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 steps to minimize or prevent any discharge in
violation of this general 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 general
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 ensure efficient operation. These bypasses are not subject to
the provisions of Part III U 2 and 3.
2. Notice.
a. Anticipated bypass. If the operator knows
in advance of the need for a bypass, the operator shall submit prior notice 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 Part
III I.
3. Prohibition of
bypass.
a. Except as provided in Part III U 1,
bypass is prohibited, and the board or 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. Severe property damage means substantial physical damage to
property, damage to the treatment facilities that causes them to become
inoperable, or substantial and permanent loss of natural resources that can
reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production;
(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 Part III U 2.
b. The department may approve an anticipated
bypass, after considering its adverse effects, if the department determines
that it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An "upset," as defined in
9VAC25-870-10, 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 preventative maintenance,
or careless or improper operation.
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 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 Part III I; and
d. The operator complied with any remedial
measures required under Part III S.
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, the
VSMP authority, EPA, or an authorized representative of either entity
(including an authorized 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 shall
be kept under the conditions of this general permit;
2. Have access to and copy, at reasonable
times, any records that shall be kept under the conditions of this general
permit;
3. Inspect and photograph
at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general
permit; and
4. Sample or monitor at
reasonable times, for the purposes of ensuring state permit compliance or as
otherwise authorized by the Clean Water Act or the Virginia Stormwater
Management Act, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. State permit actions. State permit
coverage 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 permit coverage.
1. State permits are not transferable to any
person except after notice to the department. Except as provided in 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 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 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 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 Part
III Y 2 b.
3. For ongoing
construction activity involving a change of operator, the new operator shall
accept and maintain the existing SWPPP, or prepare and implement a new SWPPP
prior to taking over operations at the site.
Z. Severability. The provisions of this
general permit are severable, and if any provision of this general 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 general permit shall not be affected thereby.
Notes
Statutory Authority: § 62.1-44.15:24 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.