HomeMy WebLinkAboutWPO202100064 VSMP - SWPPP 2021-10-01COUNTY OF ALBEMARLE
a� Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Vn*ia 22902-45%
1 �T! Tel (434) 296-5832 o Fax (434) 972-4126
Stormwater Pollution Prevention Plan (SWPPP)
Project Name:
Address:
For Construction Activities At:
CS Tavern
3449 Ivy Road, Charlottesville, VA
Prepared by:
Name: Lineage Architects, P.C.
Prepared for:
Name: 704 Capital, LLC
SWPPP Preparation Date: October 1, 2021
(This document is to be made publicly available according to 9VAC25-880-70, Part II, section D)
APPROVED
by the Albemarle County
Community Development Department
Date 01/11/2022
File WP0202100064
tt�.z
Issued — IW2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
CONTENTS: (from Albemarle County Code Sec. 17-405)
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
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 1. Registration statement
(Provide a signed completed copy of the DEQ registration statement)
Attached on following pages
Issued—10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM
CONSTRUCTION ACTIVITIES (VAR10)
REGISTRATION STATEMENT 2019
Application type. (ANEW PERMIT ISSUANCE
(CHOOSE ONE) ❑ MODIFICATION WITH ACREAGE INCREASE
❑ MODIFICATION WITHOUT ACREAGE INCREASE
❑ EXISTING PERMIT RE -ISSUANCE
Section I. Operator/Permittee Information.
PERMIT #:
PLAN/ID #:
TECHNICAL CRITERIA: IIB ❑ IIC ❑
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 V. (per Part III. K. of the VAR10 Permit).
Operator Name:
WY kDAD ff Le.-
Contact person:
-T
Address:
t
City, State and Zip Code:
6 trA2 to T rr-s
Phone Number:
412— 7 7 0 — 2-00
Primary and CC Email:
a„Q}
0-t(+ I_)q) • c0AA
B. Electronic correspondence. To receive an emailed coverage letter orto pay by credit card, you must choose YES
and include a valid email. May we transmit correspondence electronically? YES ® NO ❑
Section II. Construction Activity 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 waterbodies receiving stormwater discharges from the site.
B.
Project site location information.
Construction Activity Name:
AU &9V
Address:
a V/ Q
City and/or County and Zip Code:
6 ArRLOTTS QO
Construction Activity Entrance Location
(description, street address and/or
latitude/longitude in decimal degrees):
SAME
Latitude and Longitude
(6-digit, decimal degrees format):
(� �•� -L
3 V a �7 3 T
C.
Acreage totals for all land -disturbing activities to be included under this permit coverage. Report to the nearest
one -hundredth of an acre. Q, 5'+
Total land area of development (include entire area to be
disturbed as approved in the Stormwater Management Plan):
T
Primary estimated area to be disturbed (include portions with
Erosion and Sediment Control Plan approval only):
�•
Off -site estimated area to be disturbed (if applicable):
A -A
D.
Property Owner Status:
FEDERAL ❑ STATE ❑ PUBLIC ❑ PRIVATE.
E.
Nature of the Construction Activity Description (i.e. commercial,
industrial, residential, agricultural, environmental, utility):
C17MM57-0AI,
F.
Municipal Separate Storm Sewer System (MS4) name(s) (if the
site is discharging to a MS4):
/+'A
G.
Estimated Project Dates (MM/DD/YYYY).
Start Date:
Q' 12021
Completion Date:
12lQZ I
H.
Is this construction activity part of a larger common plan of
development or sale?
YES ❑ NO ]�
Rev 11/2020 PAGE 1 16
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019
I. 61' Order Hydrologic Unit Code (HUC) and Receiving Water Name(s). Include additional areas on a separate page.
HUC
NAME(S) OF RECEIVING WATERBODY
200 ozol D
r71.6 Y LsEIL
Section III. Off -site Support Activity Location Information.
List all off -site support activities and excavated material disposal areas being utilized for this project. Include additional
areas on a separate page.
Off -site Activity Name:
41/0Np,
Address:
City or County:
Off -site Activity Entrance Location (description, street
address and/or latitude/longitude in decimal degrees):
Latitude and Longitude (6-digit, decimal degrees format):
is this off -site activity an excavated material disposal
area?
YES ❑ NO ❑
If this off -site activity is an excavated material disposal
area, list the contents of the excavated fill material:
Willa separate VPDES permit cover this off -site activity?
YES ❑ NO ❑
Section IV. 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 SW PPP has been
prepared.
B.
Has an Erosion and Sediment Control Plan been
submitted to the VESC Authority for review?
YES ® NO ❑
Erosion and Sediment Control Plan Approval Date (for
the estimated area to be disturbed MM/DD/YYYY):ND�V(1
C.
Has land -disturbance commenced?
YES IN1 NO ❑
D.
Annual Standards and Specifications. If this project is utilizing approved Annual Standards and Specifications
(AS&S), attached the completed AS&S Entity Form. MIA
AS&S Entity Name (if different from the Operator
identified in Section I):
'-'
E.
Billing information (leave blank if same as the Operator identified in Section I. above). This entity will receive
Annual Permit Maintenance and Permit Modification Fee invoices (if applicable).
Billing Name:
Contact Name:
Address:
City, State and Zip Code:
Phone Number:
Primary and CC Email:
Rev 11/2020 PAGE 2 16
CONSTRUCTION GENERAL PERMIT (VAR10) REGISTRATION STATEMENT 2019
Section V. 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-to-day 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 (11454s), operator means the operator of the regulated M54 system.
9VAC25-880-70. Part 111. K. Signatory Requirements. 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 ordecision-making functions for the corporation; or (ii) the manager
of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term
compliance with environmental laws and regulations, the manager can ensure that the necessary systems are established or
actions taken to gather complete and accurate information forstote 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: (1) the chief executive officer of the
agency or (ii) a senior executive officerhaving 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: Janet Ar2t
Signature (signed in Ink):
Date Signed:
Section VI. Submittal Instructions. Submit this form to the 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. VSMP Authorities.
If DEQ is the VSMP Authority, please send to: If the locality is the VSMP Authority, please send to:
Department of Environmental Quality
Office of Stormwater Management Suite 1400
PO Box 1105
Richmond VA 23218
constructiongp@deg.virginia.gov
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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.) (Provide a copy of the DEQ coverage letter when obtained)
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 3. Nature of activity
(Provide a detailed narrative of the construction activities. Include or reference a construction schedule and
sequence. include any phasing.)
Please see E&SC Narrative on plan sheet C-05A and C-0513 for additional details.
Scope of work includes 0.57 acres of disturbed to create additional parking spaces and replacement/maintenance
of the septic system.
Sequence to be:
1. Install silt fence and all other perimeter controls as required by County inspector.
2. Arrange pre -construction conference.
3. Install construction entrance and all inlet and culvert protections.
4. Rough grade the site placing topsoil on the stockpile as shown on C-05.
5. Final grade site and place permanent seeding as required in Narrative.
6. Remove all measures following approval from County inspector.
Issued — 10/2014 Stonnwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 4. Erosion and Sediment Control Plan.
(Proe ide a reduced. 11 sl 7 copy of the latest Erosion and Sediment Control Plan. Do not reference only.)
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Issued — 10/2014 Stormwater Pollution Prevention Plan (S WPPP) Albemarle County
Section 5. Stormwater Management Plan
( Provide a reduced I I x 17 copy of the latest storm«ater management plan. Do not reference only.)
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Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 6. Pollution Prevention Plan.
(reference County Code 17-404 and State Regulation 9VAC25-880-70 part 11 section AA)
A. Plan showing pollution activities and prevention practices
( Prop ide a reduced l I x 17 cop) of a site plan on which all of the following activity locations are clearly
marked. Keep this plan up-to-date with ongoing site changes and inspections.)
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Issued — 1012014 Stotmwater Pollution Prevention Plan (SWPPP) Albemarle County
B. Sources of Pollutants- Ineatinnv_ anrd nrac.•antinn o..r:. no
Pollutant, or Pollutant
Generating Activity
Location on site
e
Prevention Practices,
Control Measures
Portable sanitary closet
adjacent to job trailer
scheduled replacement by vendor
Miscellaneous garbage
job trailer
bagged and remove by GC
Sediment/gravel/topsoil
various
Per C-05 at al
C. Sources of Pollutants, continued. Common activities and minimum control and prevention
ractices
Pollutant, or Pollutant
Location oit
n se
Prevention Practices,
Generating Activity
Control Measures
Follow Erosion and Sediment Control
Clearing, grading, excavating, and on-
Iand dislufiance area
Plan. Dispose of clearing debris at
stabilized areas
acceptable disposal sites. Seed and mulch,
or sod within 7 days of land clearing
Cover stonn drain inlets and use drip
Paving operations
Roads and driveways
pans and absorbentloil dry for all paving
machines to limit leaks ands ills
Direct concrete wash water into a leak.
Concrete washout
Current location and detail shown
proof container or leak -proof settling
and cement waste
on plan
basin 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
Dewatenng sites shown on plan
treated prior to diseharge as shown on
plan.
Designated areas for material delivery
Material delivery and storage
Designated area shown on plan
and storage. Placed near construction
enhances, away from waterways and
drainage paths
Material use during building process
Building
Building areas
manufacturer's instructions
. MSDS's attached.
waste collection area will not receive a
substantial amount of runoff from upland
Solid waste disposal
Current designated container areas
areas and does not drain directly to a
on plan
waterway. Containers have lids covered
before periods of rain, or are in a covered
area Scheduled collection to prevent
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Pollutant, or Pollutant
Location on site
Prevention Practices,
Generating Activity
Control Measures
overfilling. MATERLLI.S NOT TO BE
BURIED ON -SITE
Convenient and well -maintained
portable sanitary facilities will be
Sanitary waste
Current locations shown on plan
provided, and 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 minfall events
To be treated in a sediment basin or
Wash Waters
Wash areas shown on plan
better control as specified on plan.
Minimize the discharge of pollutants
Designated areas and denuls shown on
from equipment and vehicle washing
Provide containment and filtering for all
Vehicle and equipment washing
plan
wash waters per the plan
Minimization ofexposure 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. Beep this plan up-to-date with ongoing site
changes and inspections. See CGP. 9VAC25-880-70 section E for examples of non-stormwater discharges.)
A
Issued — 10/2014 Stormwater Pollution Prevention Plan (S WPPP) Albemarle County
E. Persons responsible for pollution prevention practices
(Provide the names and contact information for all persons responsible for prevention practices as listed above.)
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F. Response and reporting practices
Ainimi-e 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.
Respond to all spills, leaks and discharges as follows;
Report all spills, leaks and discharges as follows;
(Provide detailed response and reporting practices `according to 9VAC25-880-70, Part 11, section A.4.e.)
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G. Pollution Prevention Awareness
( Describe training and procedures to provide awareness and compliance for all measures in this
document; waste management, wash waters, prevention measures, etc.)
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Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 7. Discharges to impaired waters, surface waters within an applicable TMDL
wasteload allocation, and exceptional waters.
(Provide detailed measures for anv applicable TTMD1 )
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Issued - 10/2014 Stormwater Pollution Prevention Plan (S WPPP) Albemarle County
Section 8. Qualified personnel
The following personnel are responsible for inspections;
( Prop ide the name. telephone number. and qualifications of the qualities personnel conducting inspections.)
Jeff Testerman shall be responsible for inspections.
Issued—10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 9. Signed Certification
(Provide certification according to 9VAC25-870-170)
"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."
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AperaterName: . O N J-T j+A A-) /jIrA+Z 3TcR-
Company: LI N)E;A(rc /'Cl2CfflTisC�S ��-
Title: N C 540 fr / u1 Gt 2
Signature: A eAm �—�
Date: 1012-I
Issued — 10/2014 Stonnwater Pollution Prevention Plan (S WPPP) Albemarle County
Section 10. Delegation of authority.
(Provide the persons or positions with authority to sign inspection reports or to modify the stonmwater pollution
prevention plan. A formal. signed delegation of authority is needed.)
Delegation of Authority
1, J f4N;;:�RTZ' (name), hereby designate the person or specifically described position below to be a duly authorized
representNve�br tthhe,Purpose A verseeing compliance with environmental requirements, including the Construction General Permit,
at the CC�� Z X -Al-P1 construction site. The designee is authorized to sign any reports, storrawater
pollution prevention plans and all other documents required by the permit.
rrt= F (name of person or position)
A1.1 cA*,SX M1141OWN (company)
00IL9ysTtWr- F�Ac6 (address)
61AILIOTTV-511ILlSt7A 2-Zf02. (city, state, zip)
43q - 1170- 0? fy(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: IkN T �c2T
Company: IVy T2OA6 T25 , u.�,
Title:
Signature:��--
Date:
Issued-10/2014 Stortnwater Pollution Prevention Plan (S WPPP) Alber awle County
Section 11. General permit copy
(Pro%ide a copy of the construction general permit. 9VAC25-8801
Attached on following pages
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
9VAC25-880-70. General permit.
https://Iaw.lis.virginia gov/admincode/title9/agency25/chapter880/section7O/
Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 880. General VPDES Permit for Discharges of Stormwater from Construction Activities
9VAC25-880-70. General permit.
Any operator whose registration statement is accepted by the board will receive the following general permit and shall comply wit]
the requirements contained therein and be subject to all requirements of 9VAC25-870.
General Permit No.: VAR10
Effective Date: July 1, 2019
Expiration Date: June 30, 2024
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM AND THE VIRGINIA
STORMWATER MANAGEMENT ACT
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the Virginia Stormwater Management Act
and regulations adopted pursuant thereto, operators of construction activities are authorized to discharge to surface waters withir
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.
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 differen
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
L 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
10/6/202
1 of 17 10/6/2021, 2:18 PM
9VAC25-880-70. General permit.
compliance with this general permit.
https://Iaw.lis.virginia gov/admincode/title9/agency25/chapter880/section70/
3. Discharges covered by another state permit. This general permit does not authorize discharges of stormwater from
construction activities that have been covered under an individual permit or required to obtain coverage under an alternative
general permit.
4. Impaired waters and total maximum daily load (TMDL) limitation.
a. Nutrient and sediment impaired waters. Discharges of stormwater from construction activities to surface waters identified
as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or for which a TMDL wasteload
allocation has been established and approved prior to the term of this general permit for (1) 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 coverag,
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 surfac
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 Par
IIG2a.
5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously covered under the genera
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 th;
are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit
Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit
so long as all such discharges comply with all applicable state and VPDES permit requirements.
D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C, and I E, all discharges covered by this general
permit shall be composed entirely of stormwater associated with construction activities. All other discharges including the
following are prohibited:
1. Wastewater from washout of concrete;
2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction
materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
4. Oils, toxic substances, or hazardous substances from spills or other releases; and
5. Soaps, solvents, or detergents used in equipment and vehicle washing.
E. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by
this general permit when discharged in compliance with this general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water
has been filtered, settled, or similarly treated prior to discharge;
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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 beer
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 leake
material has been removed prior to washing); where soaps, solvents, or detergents have not been used; and where the wash
water has been filtered, settled, or similarly treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated ground water or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials such as solvents;
11. Uncontaminated excavation dewatering, including dewatering of trenches and excavations that have been filtered,
settled, or similarly treated prior to discharge; and
12. Landscape irrigation.
F. Termination of general permit coverage.
1. The operator of the construction activity shall submit a notice of termination in accordance with 9VAC25-880-60, unless a
registration statement was not required to be submitted in accordance with 9VAC25-880-50 A 1 c or A 2 b for single-family
detached residential structures, to the VSMP authority after one or more of the following conditions have been met:
a. [Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and fim
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:
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a. Modify or implement additional control measures in accordance with Part II C to adequately address the identified water
quality concerns;
b. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the
receiving water is attaining water quality standards; or
c. Submit an individual permit application in accordance with 9VAC25-870-410 B 3.
All written responses required under this chapter shall include a signed certification consistent with Part III K.
Part II
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
1. A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a registration statement and
implemented for the construction activity, including any support activity, covered by this general permit. SWPPPs shall be
prepared in accordance with good engineering practices. Construction activities that are part of a larger common plan of
development or sale and disturb less than one acre may utilize a SWPPP template provided by the department and need not
provide a separate stormwater management plan if one has been prepared and implemented for the larger common plan of
development or sale.
2. The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans such as a spill
prevention control and countermeasure (SPCC) plan developed for the site under § 311 of the federal Clean Water Act or best
management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds
the SWPPP requirements of Part II B. All plans incorporated by reference into the SWPPP become enforceable under this genera
permit. If a plan incorporated by reference does not contain all of the required elements of the SWPPP, the operator shall develo
the missing elements and include them in the SWPPP.
3. Any operator that was authorized to discharge under the general permit effective July 1, 2014, and that intends to continue
coverage under this general permit, shall update its stormwater pollution prevention plan to comply with the requirements of
this general permit no later than 60 days after the date of coverage under this general permit.
B. Contents. The SWPPP shall include the following items:
1. General information.
a. A signed copy of the registration statement, if required, for coverage under the general VPDES permit for discharges of
stormwater from construction activities;
b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of stormwater from
construction activities (i.e., notice of coverage letter);
c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from construction activities;
d. A narrative description of the nature of the construction activity, including the function of the project (e.g., low density
residential, shopping mall, highway, etc.);
e. A legible site plan identifying:
(1) Directions of stormwater flow and approximate slopes anticipated after major grading activities;
(2) Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed;
(3) Locations of major structural and nonstructural control measures, including sediment basins and traps, perimeter dikes,
sediment barriers, and other measures intended to filter, settle, or similarly treat sediment, that will be installed between
disturbed areas and the undisturbed vegetated areas in order to increase sediment removal and maximize stormwater
infiltration;
(4) Locations of surface waters;
(5) Locations where concentrated stormwater is discharged;
(6) Locations of any support activities, including (i) areas where equipment and vehicle washing, wheel wash water, and othe
wash water is to occur; (ii) storage areas for chemicals such as acids, fuels, fertilizers, and other lawn care chemicals; (III)
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concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities, including those temporaril)
placed on the construction site; and (vi) construction waste storage; and
(7) When applicable, the location of the on -site rain gauge or the methodology established in consultation with the VSMP
authority used to identify measurable storm events for inspection as allowed by Part II G 2 a (1) (ii) or 2 b (2).
2. Erosion and sediment control plan.
a. An erosion and sediment control plan designed and approved in accordance with the Virginia Erosion and Sediment
Control Regulations (9VAC25-840), an "agreement in lieu of a plan' as defined in 9VAC25-840-10 from the VESCP authority,
or an erosion and sediment control plan prepared in accordance with annual standards and specifications approved by the
department.
b. All erosion and sediment control plans shall include a statement describing the maintenance responsibilities required for
the erosion and sediment controls used.
c. An approved erosion and sediment control plan, "agreement in lieu of a plan,' or erosion and sediment control plan
prepared in accordance with department -approved annual standards and specifications, implemented to:
(1) Control the volume and velocity of Stormwater runoff within the site to minimize soil erosion;
(2) Control stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets an
to minimize downstream channel and stream bank erosion;
(3) Minimize the amount of soil exposed during the construction activity;
(4) Minimize the disturbance of steep slopes;
(5) Minimize sediment discharges from the site in a manner that addresses (i) the amount, frequency, intensity, and duratior
of precipitation; (ii) the nature of resulting stormwater runoff; and (iii) soil characteristics, including the range of soil particl
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;
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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 sedimer
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 remove
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 waste
including (i) building products such as asphalt sealants, copper flashing, roofing materials, adhesives, and concrete
admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape materials; and (iii) construction and domestic
wastes such as packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings,
plastics, Styrofoam, concrete, and other trash or building materials;
(7) Prevent the discharge of fuels, oils, and other petroleum products, hazardous or toxic wastes, waste concrete, and sanitar
wastes;
(8) Address any other discharge from the potential pollutant -generating activities not addressed above; and
(9) Minimize the exposure of waste materials to precipitation by closing or covering waste containers during precipitation
events and at the end of the business day, or implementing other similarly effective practices. Minimization of exposure is
not required in cases where the exposure to precipitation will not result in a discharge of pollutants; and
f. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water,
disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of
this general permit. The operator shall implement the procedures described in the SWPPP.
5. SWPPP requirements for discharges to nutrient and sediment impaired waters. For discharges to surface waters (i) identified
as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report or (1i) 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
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(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management pla
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 (H) with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit to
PCB, the operator shall:
a. Identify the impaired waters, approved TMDLs, and pollutant of concern in the SWPPP;
b. Implement the approved erosion and sediment control plan in accordance with Part II B 2;
c. Dispose of waste materials in compliance with applicable state, federal, and local requirements; and
d. Implement a modified inspection schedule in accordance with Part II G 2 a.
7. SWPPP requirements for discharges to exceptional waters. For discharges to surface waters identified in 9VAC25-260-30 A 3 c
as an exceptional water, the operator shall:
a. Identify the exceptional surface waters in the SWPPP; and
b. Provide clear direction in the SWPPP that:
(1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached
on any portion of the site;
(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management pla
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.
S. 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 inspectioi
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 SWPPI
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 fro]
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 fm
the control measure, revisions to the SWPPP shall be completed no later than seven calendar days following approval.
Implementation of these additional or modified control measures shall be accomplished as described in Part II H.
3. The SWPPP shall clearly identify the contractors that will implement and maintain each control measure identified in the
SWPPP. The SWPPP shall be amended to identify any new contractor that will implement and maintain a control measure.
4. The operator shall update the SWPPP as soon as possible but no later than seven days following any modification to its
implementation. All modifications or updates to the SWPPP shall be noted and shall include the following items:
a. A record of dates when:
(1) Major grading activities occur;
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(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 impac
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
E. SWPPP availability.
1. Operators with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a
central location on -site for use by those identified as having responsibilities under the SWPPP whenever they are on the
construction site.
2. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the
department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal
separate storm sewer system receiving discharges from the construction activity. If an on -site location is unavailable to store th
SWPPP when no personnel are present, notice of the SWPPP's location shall be posted near the main entrance of the
construction site.
3. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public
access to the SWPPP shall be posted and maintained in accordance with Part II D. If not provided electronically, public access to
the SWPPP may be arranged upon request at a time and at a publicly accessible location convenient to the operator or his
designee but shall be no less than once per month and shall be during normal business hours. Information not required to be
contained within the SWPPP by this general permit is not required to be released.
F. SWPPP implementation. The operator shall implement the SWPPP and subsequent amendments, modifications, and updates
from commencement of land disturbance until termination of general permit coverage as specified in Part I F.
1. All control measures shall be properly maintained in effective operating condition in accordance with good engineering
practices and, where applicable, manufacturer specifications. If a site inspection required by Part II G identifies a control
measure that is not operating effectively, corrective actions shall be completed as soon as practicable, but no later than seven
days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the
control measures.
2. If site inspections required by Part II G identify an existing control measure that needs to be modified or if an additional or
alternative control measure is necessary for any reason, implementation shall be completed prior to the next anticipated
measurable storm event. If implementation prior to the next anticipated measurable storm event is impracticable, then
additional or alternative control measures shall be implemented as soon as practicable, but no later than seven days after
discovery or a longer period as established by the VSMP authority.
G. SWPPP Inspections.
1. Personnel responsible for on -site and off -site inspections. Inspections required by this general permit shall be conducted by
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the qualified personnel identified by the operator in the SWPPP. The operator is responsible for ensuring that the qualified
personnel conduct the inspection.
2. Inspection schedule.
a. For construction activities that discharge to a surface water identified in Part II B 5 and B 6 as impaired or having an
approved TMDL or Part II B 7 as exceptional, the following inspection schedule requirements apply:
(1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five
business days and no later than 24 hours following a measurable storm event. In the event that a measurable storm event
occurs when there are more than 24 hours between business days, the inspection shall be conducted on the next business
day; and
(2) Representative inspections as authorized in Part II G 2 d shall not be allowed.
b. Except as specified in Part II G 2 a, inspections shall be conducted at a frequency of:
(1) At least once every five business days; or
(2) At least once every 10 business days and no later than 24 hours following a measurable storm event. In the event that a
measurable storm event occurs when there are more than 24 hours between business days, the inspection shall be conducted
on the next business day.
c. Where areas have been temporarily stabilized or land -disturbing activities will be suspended due to continuous frozen
ground conditions and stormwater discharges are unlikely, the inspection frequency described in Part II G 2 a and 2 b maybe
reduced to once per month. If weather conditions (such as above freezing temperatures or rain or snow events) make
discharges likely, the operator shall immediately resume the regular inspection frequency.
d. Except as prohibited in Part II G 2 a (2), representative inspections may be utilized for utility line installation, pipeline
construction, or other similar linear construction activities provided that:
(1) Temporary or permanent soil stabilization has been installed and vehicle access may compromise the temporary or
permanent soil stabilization and potentially cause additional land disturbance increasing the potential for erosion;
(2) Inspections occur on the same frequency as other construction activities;
(3) Control measures are inspected along the construction site 0.25 miles above and below each access point (i.e., where a
roadway, undisturbed right-of-way, or other similar feature intersects the construction activity and access does not
compromise temporary or permanent soil stabilization); and
(4) Inspection locations are provided in the inspection report required by Part II G.
e. If adverse weather causes the safety of the inspection personnel to be in jeopardy, the inspection may be delayed until the
next business day on which it is safe to perform the inspection. Any time inspections are delayed due to adverse weather
conditions, evidence of the adverse weather conditions shall be included in the SWPPP with the dates of occurrence.
3. Inspection requirements.
a. As part of the inspection, the qualified personnel shall:
(1) Record the date and time of the inspection and, when applicable, the date and rainfall amount of the last measurable
storm event;
(2) Record the information and a description of any discharges occurring at the time of the inspection or evidence of
discharges occurring prior to the inspection;
(3) Record any land -disturbing activities that have occurred outside of the approved erosion and sediment control plan;
(4) Inspect the following for installation in accordance with the approved erosion and sediment control plan, identification o
any maintenance needs, and evaluation of effectiveness in minimizing sediment discharge, including whether the control ha
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;
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(c) Completed earthen structures, such as dams, dikes, ditches, and diversions for stabilization and effective impoundment o
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 bein
filtered or similarly treated; and
(h) Construction vehicle access routes that intersect or access paved or public roads for minimizing sediment tracking;
(5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days to ensure:
(a) Initiation of stabilization activities have occurred immediately, as defined in 9VAC25-880-1; and
(b) Stabilization activities have been completed within seven days of reaching grade or stopping work;
(6) Inspect for evidence that the approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and
sediment control plan prepared in accordance with department -approved annual standards and specifications has not been
properly implemented. This includes:
(a) Concentrated flows of stormwater in conveyances such as rills, rivulets, or channels that have not been filtered, settled, o
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 desig
are considered unprotected;
(d) Sediment deposition on any property (including public and private streets) outside of the construction activity covered b)
this general permit;
(e) Required stabilization has not been initiated or completed or is not effective on portions of the site;
(f) Sediment basins without adequate wet or dry storage volume or sediment basins that allow the discharge of stormwater
from below the surface of the wet storage portion of the basin;
(g) Sediment traps without adequate wet or dry storage or sediment traps that allow the discharge of stormwater from below
the surface of the wet storage portion of the trap; and
(h) Land disturbance or sediment deposition outside of the approved area to be disturbed;
(7) Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation,
maintenance, and effectiveness of the procedures and practices;
(8) Identify any pollutant generating activities not identified in the pollution prevention plan; and
(9) Identify and document the presence of any evidence of the discharge of pollutants prohibited by this general permit.
4. Inspection report. Each inspection report shall include the following items:
a. The date and time of the inspection and, when applicable, the date and rainfall amount of the last measurable storm event
b. Summarized findings of the inspection;
c. The locations of prohibited discharges;
d. The locations of control measures that require maintenance;
e. The locations of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular
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L 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;
L Documentation of any corrective actions required from a previous inspection that have not been implemented; and
j. The date and signature of the qualified personnel and the operator or its duly authorized representative.
5. The inspection report shall be included into the SWPPP no later than four business days after the inspection is complete.
6. The inspection report and any actions taken in accordance with Part II shall be retained by the operator as part of the SWPPP
for at least three years from the date that general permit coverage expires or is terminated. The inspection report shall identify
any incidents of noncompliance. Where an inspection report does not identify any incidents of noncompliance, the report shall
contain a certification that the construction activity is in compliance with the SWPPP and this general permit. The report shall
be signed in accordance with Part III K of this general permit.
H. Corrective actions.
1. The operator shall implement the corrective actions identified as a result of an inspection as soon as practicable but no later
than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a
regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall
be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained.
2. The operator maybe 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 pri(
to the removal of sediments accumulated in surface waters including wetlands.
Part III
CONDITIONS APPLICABLE TO ALL VPDES PERMITS
NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor stormwater discharges or
control measures, the operator shall comply with the requirements of subsections A, B, and C, as appropriate.
A. Monitoring.
1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by
the U.S. Environmental Protection Agency, unless other procedures have been specified in this general permit. Analyses
performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory
certified under regulations adopted by the Department of General Services (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.
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2. The operator shall retain records of all monitoring information, including all calibration and maintenance records and all
original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit,
and records of all data used to complete the registration statement for this general permit, for a period of at least three years
from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended
automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards
applicable to the operator, or as requested by the board.
C. Reporting monitoring results.
1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in accordance with this
general permit, unless another reporting schedule is specified elsewhere in this general permit.
2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided, approved or specified by the
department; or in any format provided that the date, location, parameter, method, and result of the monitoring activity are
included.
3. If the operator monitors any pollutant specifically addressed by this general permit more frequently than required by this
general permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S.
Environmental Protection Agency or using procedures specified in this general permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise
specified in this general permit.
D. Duty to provide information. The operator shall furnish, within a reasonable time, any information which the board may reques
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 th
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 ma
reasonably be expected to enter surface waters, shall notify the Department of Environmental Quality of the discharge immediate]
upon discovery of the discharge, but in no case later than within 24 hours after said discovery. A written report of the unauthorizei
discharge shall be submitted to the department and the VSMP authority within five days of discovery of the discharge. The written
report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
S. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges nc
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authorized by this general permit.
Discharges reportable to the department and the VSMP authority under the immediate reporting requirements of other regulation
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 tl'
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 undo
this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The department may waive the written report on a case -by -case basis for reports of noncompliance under Part III I if the oral
report has been received within 24 hours and no adverse impact on surface waters has been reported.
3. The operator shall report all instances of noncompliance not reported under Part III 11 or 2 in writing as part of the SWPPR
The reports shall contain the information listed in Part III 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 mad
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 at1-800-468-8892.
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
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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 facilit
or activity, which may result in noncompliance with state permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this chapter, a responsible corporate officer means
(i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any
other person who performs similar policy -making or decision -making functions for the corporation; or (ii) the manager of
one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major
capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term
compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or
actions taken to gather complete and accurate information for state permit application requirements; and where authority t(
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 positim
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 o
information to be signed by an authorized representative.
4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification:
"I certify under penalty of law that I have read and understand this document and that this document and all attachments were
prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
L. Duty to comply. The operator shall comply with all conditions of this general permit. Any state permit noncompliance
constitutes a violation of the Virginia Stormwater Management Act and the Clean Water Act, except that noncompliance with
certain provisions of this general permit may constitute a violation of the Virginia Stormwater Management Act but not the Clean
Water Act. Permit noncompliance is grounds for enforcement action; for state permit coverage, termination, revocation and
reissuance, or modification; or denial of a state permit renewal application.
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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 sludg
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.
0. 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) an
"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.
O. Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances), which are installed or used by the operator to achieve compliance with the
conditions of this general permit. Proper operation and maintenance also includes effective plant performance, adequate funding,
adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by the operator only when
the operation is necessary to achieve compliance with the conditions of this general permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of
pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering surface waters and in
compliance with all applicable state and federal laws and regulations.
S. Duty to mitigate. The operator shall take all steps to minimize or prevent any discharge in violation of this general permit that
has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator in an enforcement action that it would hac
been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this general permit.
U. Bypass.
1. "Bypass," as defined in 9VAC25-870-10, means the intentional diversion of waste streams from any portion of a treatment
facility. The operator may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is
for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and 3.
2. Notice.
a. Anticipated bypass. If the operator knows in advance of the need for a bypass, the operator shall submit prior notice to the
department, if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as required in Part III I.
3. Prohibition of bypass.
a. Except as provided in Part III U 1, bypass is prohibited, and the board or department may take enforcement action against
an operator for bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage mean
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;
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(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 thi
it will meet the three conditions listed in Part III U 3 a.
V. Upset.
1. An "upset,' as defined in 9VAC25-870-10, means an exceptional incident in which there is unintentional and temporary
noncompliance with technology -based state permit effluent limitations because of factors beyond the reasonable control of the
operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
2. An upset constitutes an affirmative defense to an action brought for noncompliance with technology -based state permit
effluent limitations if the requirements of Part III V 4 are met. A determination made during administrative review of claims tha
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 kep
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 th
Clean Water Act or the Virginia Stormwater Management Act, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the
facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. State permit actions. State permit coverage may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the operator for a state permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any state permit condition.
Y. Transfer of state permit coverage.
1. State permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a
state permit may be transferred by the operator to a new operator only if the state permit has been modified or revoked and
reissued, or a minor modification made, to identify the new operator and incorporate such other requirements as may be
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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 am
the remainder of this general permit shall not be affected thereby.
Statutory Authority
§ 62.1-44.15:25 of the Code of Virginia.
Historical Notes
Former 4VAC50-60-1170 derived from Virginia Register Volume 21, Issue 3, eff. January 29, 2005; amended, Virginia Register Volume 25, Issue 16, eff. Me
13, 2009; Volume 29, Issue 4, eff. November 21, 2012; amended and renumbered, Virginia Register Volume 30, Issue 2, eff. October 23, 2013; amended,
Virginia Register Volume 30, Issue 13, eff. July 1, 2014; Volume 30, Issue 24, eff. July 1, 2014; Errata 31:1 VAR. 68 September 8, 2014; amended, Virginia
Register Volume 35, Issue 19, eff. July 1, 2019.
Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily
be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source
document described in the regulation.
As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respon
to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.
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Section 12. Inspection logs
(Provide templates for your inspections. Requirements are listed in 9VAC25-880-70. Part 11. section B and F.)
Inspection Date
Inspection Time
Date of Last
Rainfall
Amount of Last
Rainfall
Observed Discharges/ Disturbances
beyond permit/ BMPadequacy
Location of observed
problem
Issued — 10/2014 Stonnwater Pollution Prevention Plan (SWPPP) Albemarle County