HomeMy WebLinkAboutWPO202000010 VSMP - SWPPP 2020-06-08Stormwater Pollution Prevention Plan (SWPPP)
Project Name: Stoudt Property
Address: 2278 Chapel Spring Rd.
Free Union VA 22940
Coordinates: 38.175428,-78.580204
TMP 17-18F
Prepared by:
Shimp Engineering P.C.
Prepared for:
Ned Ormsby — Lithic Construction
SWPPP Preparation Date: 6/04/2020
(This document is to be made publicly available according to 9VAC25-880-70, Part II, section D)
CONTENTS:
1. Registration statement
2. Notice of general permit coverage
3. Nature of activity
4. Erosion and Sediment Control Plan.
5. Stormwater Management Plan
6. Pollution Prevention Plan.
7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload
allocation, and exceptional waters.
8. Qualified personnel
9. Signed Certification
10. Delegation of authority.
11. General permit copy
12. Inspection logs
Section 1. Registration statement
Virginia Stormwater Management Program (VSNIP)
Application for Albemarle County 1
Project Name: LITHIC STOUDT HANDY
17be nume .}/could he the same us a appears on plans)
Is this an amendment to an approved plan? Yes ❑ No J
Is this a revision or resubmission for review? Yes ❑ No 0
County File Number:
!lo he provided by the (. ountr.J(n• uc,x• uppliculluns]
111e 1bUou'ing are required elenlel)ls o, 17e►I• C111)1iva1101ZS r%1"0/17 Code seelion 17-401/. i'or rel'isions of
a171el7C11ne11LS, plecise indiccae it-hich 1lenu are bein c w ncle(t .ail tatures / usi be 1)/Yll'1L1('C1 f01' Ct/71
.S111)117 issio n.
0 A. Signature of the Owner for each parcel; (Required with every submission or revision, NOT TO BE
SIGNED BY AN AGENT OR CONSULTANT)
By signing this Application as the oir, ner, I hereht certify that all requirements of these plans and permits v, ill be
complied ii ith, And I have the authorit- to authorize the land disturbing activities and de,. elopment on the subject
property. I hereb% grant the County of Albemarle the right to enter upon the roperty as required to ensure
compliance rl ith the approved plans and permits. w
17-18F
1':►\ Map &
PETER & ALICE STOUDT
alvel 1'nnt Lgame of 0mier
Tug Map & Parcel Print Name 1)1 thracr
-Cap Map &� Parcel Pnnt Name of o ner
W
Date
signature of Oliner pate
Nignature of O) vner Date
-1 a\ Map & Parcel Print Name of Ulmer Signature of Wrier Date
Contact Infin-nlatiun for the 0%xiier(ti) to receixc correspondence
Print Name Peter & Alice Stoudt
Add, -es.,; 2278 Chapel Spring Lane
Cit-, Free Union
State VA /ih 22940
Dax-time Phone !_) E-mail
Revised 07/2-1/11) 1'a,,e I oft
RI B. All Fees [Code section 17-208]
For neu or modified plans: Total acres proposed to be disturbed 0.99 ac
RIC
JD
RI E.
RI F.
®G
Acres to be
disturbed
Less than 1
-l'otal FCC
Fee Due n-tth this
Applicalion
$1 i 5f -- —
Fee with Transfer or
mcxiilication ofpernut
$20- --
$290
I and less than 5
$2,700
$1.350
$200
3 and less than 10
$3A00
$ t-700
$2-5
10 and less than 50
$4.500
$2.250
$3U0
SU and less than
IUU
$C,,IUU
$3.050 --1
—$450
IUU and more
$9,6UU
$4.900
$700
For (minor) amendments to an approved plan: $200 per review
Variances: $150
Miti-a►ion Plan: $1 ill
Registration Statement on the official DEQ form.
Erosion and Sediment Control Plan satisfying the requirements of code section 17-402.
Stormwater Management Plan satisfying the requirements of code section 17-403.
Pollution Prevention Plan satisfying the requirements of code section 17-404.
Stormwater Pollution Prevention Plan satisfying the requirements of code section 17-405.
❑ H. Mitigation Plan satisfying the requirements of code section 17-406 for any proposed disturbance of
stream buffers.
❑ 1. Requested Variations or Exceptions as provided in code sections 17-407 and 408.
❑ J. Construction Record Drawings (as-builts) for any existing facilities in the proposal satisfying the
requirements of code section 17-422.
M-ovicle ? copies of all plans and C1111° s11pp0/7117- clociclllc'IIIS. P1-(Y..4.5-ioI1CI1.SCaI.S IIIII.C1 11C1Ye 01'i lnal
.vi malure.s%
AtIditiunal iii1brnlation if not proYiclecl on plems and documents:
Name of -a Contact Person for correspondence (usually the plan preparer_ consultant or agent)
Print Name Justin Shimp
Address 912 East High St.
City Charlottesville State VA dip 22902
Daytime Phone t; 434 227-5140 _ E-mail justin@shimp-engineering.com
"When applications and plans are reviewed, but not approved, and a response to comments is not received within ! months
from the date of county comments, the application will Ire deemed withdrawn. Applications without valid mi ner's
signatures will not he considered valid.
FOR 01;11C'L USE. ONLY IVPO
Fee r�nutmt S Date Paid Ry WIIki' Receipt = lt. Rv:
Revised 07/24/18 Page 2 of 2
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM FOR OFFICE USE ONLY
ID Number:
CONSTRUCTION ACTIVITIES (VAR_.0) Technical Criteria: IIB ❑ IIC ❑
REGISTRATION STATEMENT 2013
NEW ISSUANCE 2 RE -ISSUANCE ❑
MODIFICATION WITH ACREAGE INCREASE El
Existing Permit Coverage Number (if applicable, VAR10####):
Section I. Operator/ Perm ittee Information.
MODIFICATION WITHOUT ACREAGE INCREASE ❑
A. Construction Activity Operator (Permittee). The person or entity that is applying for permit coverage and will have
operational control over construction activities to ensure compliance with the general permit. A person with
signatory authority for this operator must sign the certification in Section VI. (per Part III. K. of the VAR10 Permit).
Construction Activity Operator Name: �Q� 0(n�Sb� l.dWC ln
t' O'eWC-41w
Contact person: 1'Q& 01(Y\SbN
Address: P.0 • 'Flay, 520 r)
City, State, Zip Code: �' h0.r�6 V1�12�y t'Ralt\t0. Z�qb�
Phone Number: 5t-l0_'11) • 3g0(0
Primary Email: VQa, � LrilncEcN'ewc-- iM COM
CC Email: 0\6k & rt %C v-ft1C.4JM -CORM
B. Billing Information (leave blank if same as the Operator identified in Section I. A. above). This entity will receive
Annual Permit Maintenance and Permit Modification Fee invoices (if applicable).
Name:
Contact Person:
Address:
City, State Zip Code:
Phone Number:
Primary Email:
CC Email:
C. May we transmit correspondence electronically? You must choose YES and include a valid email in order to pay by
credit card and to receive your permit coverage approval letter via email:
YES 2 NO ❑
Rev 04/2019 PAGE 11 7
CONSTRUCTION GENERAL PERMIT ;VAR10) REGISTRATION STATEMENT 2019
Section II. Construction Activity Location Information. Project site information.
A. Include a site map showing the location of the existing or proposed land -disturbing activities, the limits of land
disturbance, construction entrances and all water bodies receiving stormwater discharges from the site.
B. Construction Activity Name:
Address:
City and/or County and Zip Code
Latitude and Longitude
(6-digit, decimal degrees format):
C. Construction Activity Entrance Location
(description, street address and/or
latitude/longitude in decimal degrees):
LITHIC STOUDT HANDY
2278 CHAPEL SPRING RD.
FREE UNION 22940
38.175428:-78.580204
38.175129,-78.580007
Section III. White Support Activity Location Information. List all offsite support activities to be included under this
permit registration. Enter additional areas on a separate page. Offsite areas not included on this registration may need
to obtain coverage under a separate VPDES permit.
A. Offsite Activity Name:
Address:
City and/or County and Zip Code:
Latitude and Longitude
(6-digit, decimal degrees format):
B. Offsite Activity Entrance Location
(description, street address and/or
latitude/longitude in decimal degrees):
Section IV. Site Information.
A. Acreage totals for all land -disturbing activities to be included under this
permit coverage. Report to the nearest one -hundredth of an acre.
Total land area of development (including the entire
9.91 AC
area to be disturbed as approved in the Stormwater
Management Plan):
Primary estimated area to be disturbed (portions with
Erosion and Sediment Control Plan approval only):
0.99 AC
Offsite estimated area to be disturbed (if applicable):
C. Property Owner Status:
B. Estimated Project Dates
(MM/DD/YYYY)
5-1-2020
Start date:
10-1-2020
Completion date:
FEDERAL ❑ STATE ❑ PUBLIC ❑ PRIVATE B
D. Nature of the Construction Activity Description (i.e.
commercial, industrial, residential, agricultural,
environmental): RESIDENTIAL POOL
E. Municipal Separate Storm Sewer System (MS4)
name (if discharging to a MS4):
Rev 04/2019 PAGE 2 1 7
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019
F. Is this construction activity part of a common plan of development or sale? YES ❑ NOEL
G. 6th Order Hydrologic Unit Code (HUC) and Receiving Water Name(s). Attach a separate list if needed.
HUC RECEIVING WATERBODY(S)
1
020802040201 RIVANNA - SOUTH FORK RIVANNA - BUCK MOUNTAIN CREEK
Section V. Other Information.
A. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the
General VPDES Permit for Discharges of Stormwater from Construction Activities prior to submitting the Registration
Statement. By signing the Registration Statement, the operator is certifying that the SWPPP has been prepared.
B. Has an Erosion and Sediment Control Plan been submitted to the VESCP Authority for review? YES 2 NO ❑
Erosion and Sediment Control Plan Approval Date (for estimated area to be disturbed).:
C. Has land disturbance has commenced? YES ❑ NO 12
D. If this project is using approved Annual Standards and Specifications (AS&S), attach the completed AS&S Entity
Form. AS&S Entity Name (if different from the Operator identified in Section II. A.):
SEE THE FOLLOWING PAGE FOR SIGNATURE
AND CERTIFICATION REQUIREMENTS AND INFORMATION
Rev 04/2019 PAGE 3 1 7
CONSTRUCTION GENERAL PERMIT i VAR10) REGISTRATION STATEMENT 2019
Section VI. Certification. A person representing the operator as identified in Section I. A. and meeting the requirements
of 9VAC25-880-70. Part III. K must physically sign this certification. A typed signature is not acceptable. Please note that
operator is defined in 9VAC25-870-10 as follows:
"Operator" means the owner or operator of any facility or activity subject to the Act and this chapter. in the context of stormwater
associated with a large or small construction activity, operator means any person associated with a construction project that meets
either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including
the ability to make modifications to those plans and specifications or (ii) the person has day -today operational control of those
activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other state
permit or VSMP authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the
stormwater pollution prevention plan or comply with other permit conditions). In the context of stormwater discharges from
Municipal Separate Storm Sewer Systems (MS4s), operator means the operator of the regulated MS4 system.
9VAC25-880-70. Part III. K. Signatory Requirements. Registration Statement. All Registration Statements shall be signed asfollows:
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 cr decision -making functions for the corporation; or (ii) the manager
of one or more manufacturing, production, or operating facilities, provided the monageris authorized to make management
decisions that govern the operation of the regulated facility including having the explicit orimplicit 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 farstate permit application requirements; and where auth ority
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.
Certification: "I certify under penalty of law that I have read and understand this Registration Statement 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."
Printed Name:
Signature (signed in ink):
Date:
Section VII. Submittal Instructions. Submit this form to the Virginia Stormwater Management Program (VSMP)
Authority. If the locality is the VSMP Authority, please send your Registration Statement submittal directly to the
locality; do NOT send this form to DEQ. A list of local VSMP Authorities is available here: 1SP•AP Authorities.
If DEQ is the VSMP Authority, please send to:
Department of Environmental Quality
Office of Stormwater Management Suite 1400
PO Box 1105
Richmond VA 23218
If the locality is the VSMP Authority, please send to:
1 he Local VSMP Authority insert address below
Rev 04/2019
PAGE 4 1 7
Section 2. Notice of general permit coverage
(This notice is to be posted near the main entrance according to 9VAC25-880-70, Part II, section C.)
Section 3. Nature of activity
PROJECT DESCRIPTION
THIS PURPOSE OF THIS PROJECT IS TO BUILD A RESIDENTIAL POOL HOUSE.
TOTAL AREA TO BE DISTURBED IS 0.99 ACRES.
THE PROJECT INVOLVES THE FOLLOWING WORK ACTIVITIES:
1. THE CONTRACTOR SHALL OBTAIN ALL LOCAL AND STATE EROSION AND SEDIMENT PERMITTING REQUIREMENTS
AND MAINTAIN ALL EROSION AND SEDIMENT CONTROLS IN ACCORDANCE WITH THE PERMIT REQUIREMENTS.
2. INSTALLATION OF TEMPORARY AND PERMANENT EROSION AND SEDIMENT CONTROL MEASURES AS SHOWN ON
THE PLAN AND DETAILS.
3. INSTALLATION OF STORM SEWER FOR SITE DRAINAGE.
4. CONSTRUCTION OF ROAD AND BUILDING PADS SHOWN ON THE SITE PLAN.
EXISTING SITE CONDITIONS
THE SITE IS CURRENTLY A SINGLE FAMILY LOT WITH A HOUSE AND DRIVEWAY.
ADJACENT PROPERTIES
THE SITE IS BOUNDED ON THE NORTH BY AN EXISTING FARM. TO THE SOUTH BY ROUTE 668 CHAPEL SPRING ROAD. TO
THE NORTH-EAST BY THE HOUSE ON SITE AND TO THE WEST BY GRASS AND A RESIDENTIAL NEIGHBORHOOD HOME.
OFF -SITE AREAS
THERE ARE NO OFFSITE ACTIVITIES.
SOILS
THE SITE IS COMPRISED OF ASHE LOAM, BRADDOCK LOAM, MINNIEVILLE LOAM, AND THURMONT LOAM.
CRITICAL EROSION AREAS
THE STREAM IS A CRITICAL EROSION AREA. WORK WILL NOT BE PERFORMED IN THE STREAM.
Section 4. Erosion and Sediment Control Plan.
Section 5. Stormwater Management Plan
This project complies with Water Quality requirements of 9VAC25-870-66.D for increased volumes of sheetflow. The
runoff from the new impervious areas will be in sheetflow condition. Runoff from the new impervious areas maintain
sheetflow into a vegetated landscaping strip that aids in slowing the sheetflow, allowing for infiltration to occur.
Downstream properties and resources have been evaluated and it was determined that the existing manner of sheetflow
to the adjacent property will not change and the minor increase in volume will not cause down -gradient erosion,
sedimentation, or flooding.
This project complies with the Water Quality Requirements of 9VAC25-870-65 by purchasing nutrient credits as required
by the VRRM Re -Development Spreadsheet. The Total Phosphorus Load Reduction Required is 0.25 Ibs/yr. To achieve
this reduction 0.25 nutrient credits shall be purchased. Thus, satisfying the VRRM Water Quality Requirements of
9VAC-870-65.
Section 6. Pollution Prevention Plan.
(reference County Code 17-404 and State Regulation 9VAC25-880-70 part II section AA)
A. Plan showing pollution activities and prevention practices
SOIL EROSION & SEDIMENT CONTROL SYMBOLS
SYMBOL
NO.
TITLE
KEY
3.02
CONSTRUCTION ENTRANCE
CE
- X X
3.05
SILT FENCE
3.09
TEMPORARY DIVERSION DIKE
DD
[DRAWN TO SCALE]
3.13
TEMPORARY SEEDING TRAP
ST
3.31
TEMPORARY SEEDING
TS
3.32
PERMANENT SEEDING
PS
3.35
MULCH
LIMITS OF DISTURBANCE
DRAINAGE AREA SILT FENCE
LIMITS OF \�
\ / DISTURBANCE \ \
0.99 AC
I ,F i
/
EXISTING ` \
/
' `� / / / RAME BAR
/�
i
—49
I
� °�°
� �
/ I o cb °gOoo • /
k
// / 8 I • I� 6 1 I / �
• o / •
CO / - - - EDGE
/
OF
% o /• o I41
00
CID
• _
\ 493,
I �
I / i
o CON�RETE 0 ERATIO S w , _ _ _ , _0. ,
495
SPILL ROOF C NCRE/'fE
ST RIN CONT
C7 / I I I I \ 4g6 � � � — 4971
/ +
Eyi \`e
I �X- 2 STORY FRAME
// / �•� `O �\ �" °' HOUSE W/ BASEMENT c
/ 'k ' J ,./ `✓ ( — I I I FEE=500.0 , —
�/./ , I-p7c'� I I I
• / / toCD
SPILL KIT
STATION / • ORTAJOHNS, TRAy� , / / , \VA
AND RISNE SUPPLY E WE�� \ \ \
cE C5'0G)
. I \
I
LOCATION
\ Pp
MAILBOX �, �\\ /\ \ 4g5 \\
496—_
496/-----------
--- 494----
NOTE: CONTRACTOR CAN RELOCATE
POLLUTION PREVENTION ITEMS, BUT
MUST MARK UP DRAWINGS WITH
UPDATED LOCATION.
LIMITS OF DISTURBANCE TO BE
FIELD MARKED WITH WHITE FLAGS
OR WHITE PAINT
Stoud Property SHIMPEY6RE RIM P. C.
40 0 40 80 240 Pollution Prevention Plan
ENGINEERING-LANDPLANNING -PROJECT MANAGEMENT
Scale: 1 `40' REVISED: 06-04-2020 ) 227-5140
CHARLOTTESVILLE, VA 22902 JUSTINIMSHIMP-ENGNEERING.COM
HIM
Sources of Yollutan
and prevention practices
Pollutant, or Pollutant
Generating Activity
Location on site
Prevention Practices,
Control Measures
C. Sources of Pollutants continued. Common activities and minimum control and prevention
practices
Pollutant, or Pollutant
Location on site
Prevention Practices,
Generating Activity
Control Measures
Follow Erosion and Sediment Control
Clearing, grading, excavating, and un-
Land disturbance area
Plan. Dispose of clearing debris at
stabilized areas
acceptable disposal sites. Seed and mulch,
or sod within 7 days of land clearing
Cover storm drain inlets and use drip pans
Paving operations
Roads and driveways
and absorbent/oil dry for all paving
machines to limit leaks and spills
Direct concrete wash water into a leak -
Concrete washout and
Current location and detail shown on
proof container or leak -proof settling basin
cement waste
plan
that is designed so that no overflows can
occur
Enclose or cover material storage areas.
Mix paint indoors in a containment area or
Structure construction, stucco,
Structures
in a flat unpaved area. Prevent the
painting, and cleaning
discharge of soaps, solvents, detergents
and wash water, paint, form release oils
and curing compounds.
Water shall be filtered, settled or similarly
Dewatering operations
Dewatering sites shown on plan
treated prior to discharge as shown on
plan.
Designated areas for material delivery and
Material delivery and storage
Designated area shown on plan
storage. Placed near construction
entrances, away from waterways and
drainage paths
Material use during building process
Building areas
Follow manufacturer's instructions.
MSDS's attached.
Waste collection area will not receive a
substantial amount of runoff from upland
areas and does not drain directly to a
Pollutant, or Pollutant
Location on site
Prevention Practices,
Generating Activity
Control Measures
Current designated container areas on
waterway. Containers have lids covered
Solid waste disposal
plan
before periods of rain, or are in a covered
area. Scheduled collection to prevent
overfilling. MATERIALS NOT TO BE
BURIED ON -SITE
Convenient and well -maintained portable
sanitary facilities will be provided, and
Sanitary waste
Current locations shown on plan
located away from waterways or inlets.
Such facilities shall be regularly
maintained.
Apply fertilizers in accordance with
Landscaping operations
Landscape areas shown on plan
manufacturer's recommendations and not
during rainfall events
To be treated in a sediment basin or better
Wash Waters
Wash areas shown on plan
control as specified on plan. Minimize
the discharge of pollutants from
e ui ment and vehicle washing
Vehicle and equipment washing
Designated areas and details shown on
Provide containment and filtering for all
plan
wash waters per the plan
Minimization of exposure to precipitation and stormwater. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials
present on the site to precipitation and to stormwater.
(Identify all non-stormwater discharges to occur on your site. Keep this plan up-to-date with ongoing site
changes and inspections. See CGP, 9VAC25-880-70 section E for examples of non-stormwater discharges.)
D. Non-stormwater di
Discharge
Dust Control Treatment
Dewatering
Pollutants or Pollutant
Constituents
chemicals
Sediment
Location on Site
Designated areas and details shown on
Sediment trap shown on plan
E. Persons responsible for pollution prevention practices
Ned Ormsby - Lithic Construction - 540-718-3990
F. Response and reporting practices
Minimize discharges from spills and leaks. Minimize the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response procedures as follows. To the extent practical, do
not store oils, chemicals, or other potential contaminants on site. When storage of potential contaminants is
required, provide secondary containment, such as spill berms or spill containment pallets. These should be
located within the drainage areas to a sediment trap or sediment basin. Direct concrete wash water into a settling
basin, dispose of hardened concrete with other construction waste debris to an appropriate waste facility.
Respond to all spills, leaks and discharges as follows. Spills of oil, petroleum products, sanitary wastes, and
substances listed under 40 CFR parts 110, 117, and 302 should be cleaned up as soon as possible while
protecting worker safety. Construct an earthen dike around any spills on dirt to prevent spreading. If a spill
occurs during rainfall, cover it with a tarp or another impermeable cover to prevent contaminating runoff. Do
not bury any spills or wash them with water. Maintain a spill kits in a readily accessible location. A spill kit
shall consist of a lined drum with bags of universal sorbents in the bottom, accessible without tipping the drum,
sorbent socks above the bags, and personal protective equipment on the top. All materials used to remove the
contaminants, including any water used to rinse equipment, and all dirt removed must be treated as
contaminated. Textiles, such as from coveralls, may be sent to a certified laundry facility. Waste must be
disposed of according to the standards of Albemarle County and the Commonwealth of Virginia. Store
hazardous materials and wastes in covered containers.
Report all spills, leaks and discharges as follows: All spills, leaks, and discharges shall be recorded in the
inspection logs. If construction activity results in a discharge of contaminants that may be reasonably expected
to enter surface waters, the operator shall notify the Department of Environmental Quality immediately or
within 24 hours, and shall submit a written report within five days. For significant spills that cannot be
controlled by personnel in the immediate vicinity, notify the local emergency response by dialing 911.
Albemarle County must also be notified, and potentially some of the following agencies: the Fire Department,
the Public Works Department, the Coast Guard, the Highway Patrol, the County Police Department,
Department of Toxic Substances, OSHA, etc. For spills of federal reportable quantities, in conformance with
the requirements in 40 CFR parts 110, 119, and 302, the contractor should notify the National Response Center
at (800) 424-8802.
G. Pollution Prevention Awareness
The engineer, project superintendent, and contractor shall have weekly meetings to review on -site conditions
and advise contractor of potential risks that should be addressed. Contractor will be responsible for following
procedures on a daily basis and applying appropriate waste management and prevention practices to be in
compliance with the conditions of the general permit. Employees shall be informed of the danger to nature and
to human health of various chemical spills.
Section 7. Discharges to impaired waters, surface waters within an applicable TMDL
wasteload allocation, and exceptional waters.
No applicable TMDL.
Section 8. Qualified personnel
The following personnel are responsible for inspections.
Ned Ormsby - Lithic Construction - 540-718-3990
Section 9. Signed Certification
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."
Owner/Operator Name: IeC ca-cl S 1 -
Company: 1'l�iC Co�nsfiruc-n�mC_
Title: S I &n -
Signature:
Date:
Section 10. Delegation of authority.
Delegation of Authority
Pew SMLA+
I• M , hereby designate the person or specifically described position below to be a duly authorized
representative for the purpose of overseeing compliance with environmental requirements, including the
Construction General Permit, at the 4�jkx* Vdltq construction site. The designee is authorized to sign any
reports, stormwater pollution prevention plans and all other documents required by the permit.
(name of person or position)
(company)
2 (address)
i1V_3�UA 2?-gQ9r (city, state, zip)
54D--119) •'Aaq D (phone)
By signing this authorization, I confirm that I meet the requirements to make such a designation as set forth in
the Construction General Permit (CGP), and that the designee above meets the definition of a "duly
authorized representative".
Operator Name:
Company:
Title:
Signature:
Date:
C�
Section 11. General Permit Copy
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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.
Construction General Permit
Effective July 1, 2019
Page 2 of 26
PART
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.
Page 3 of 26
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, 1 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;
Page 4 of 26
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:
Page 5 of 26
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
Page 6 of 26
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 II I K.
PART II
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
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:
Page 7 of 26
(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 Part II G 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;
Page 8 of 26
(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;
Page 9 of 26
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
Page 10 of 26
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;
(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:
Page 11 of 26
a. Identify the impaired waters, approved TMDI-s, 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.
Page 12 of 26
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.
Page 13 of 26
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.
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 I 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
Page 14 of 26
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;
Page 15 of 26
(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:
Page 16 of 26
(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;
Page 17 of 26
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;
Documentation of any corrective actions required from a previous inspection that have not
been implemented; and
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.
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.
Page 18 of 26
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.
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
(1 VAC30-45 or 1 VAC30-46).
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.
Page 19 of 26
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;
Page 20 of 26
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 12. 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;
Page 21 of 26
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 II I 1 1 or 2 in
writing as part of the SWPPP. The reports shall contain the information listed in Part 111 12.
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
Page 22 of 26
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:
5. "1 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
Page 23 of 26
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.
Page 24 of 26
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 I I I 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.
Page 25 of 26
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.
Page 26 of 26
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.
Section 12. Inspection Logs
Lithic - Stoudt SWPPP Inspection Log
Inspection: Last Rainfall:
Date Time Date Rainfall Amount
Summary:
Locations of:
• Prohibited discharges
• Controls needing maintenance
• Failed controls:
• Evidence per Part II F 3 a (7):
(see back of sheet for details)
• Additional measures needed:
Corrective actions required:
Unimplemented corrective actions from previous inspection:
Inspector Signature Date Operator Signature Date
Part II F 3 a (7)
(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 sediments 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 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 outside of the approved area to be disturbed;