HomeMy WebLinkAboutWPO202200011 VSMP - SWPPP 2022-03-21of A COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
1 Charlottesville, Virginia 22902-4596
Tel. (434) 296-5832 • Fax (434) 972-4126
�IRGiN1P
Stormwater Pollution Prevention Plan (SWPPP)
For Construction Activities At:
Project Name: Rio Point
WPO-2022-
878 Rio Road East
Charlottesville, Virginia22902
Prepared by:
Timmons Group
608 Preston Avenue, Suite 200
Charlottesville, VA 22903
434.295.8317
Prepared for:
Rio Point LLC
123 East Main Street
51 Floor
Charlottesville, VA 22902
Contact: Mr. Chris Henry
CHenry@stonypointdg.com
SWPPP Preparation Date: February 04, 2022
(This document is to be made publicly available according to 9VAC25-880-70, Part II, section D)
Issued — 10/2014 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)
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
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.)
This project includes the demolition of all existing structures to construct a residential development,
amenities, and associated utilities and site work. Limits of clearing and grading area is 18.86 acres.
The western and northern property line is bound by John W Warner Parkway. The eastern property line
is bound by Rio Road. The southern property line is bound by the Rio Commons Development, the
Charlottesville Waldorf School, and City of Charlottesville Public Open Space.
All construction shall take place in accordance with the Erosion and Sediment Control Sequence of
Installation on plan sheet C3.0 — C3.18. Estimated construction dates are as indicated on the
Registration Statement.
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 4. Erosion and Sediment Control Plan.
(Provide a reduced, I W 7 copy of the latest Erosion and Sediment Control Plan. Do not reference
only.)
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
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RIO POINT
STORMWATER CALCULATIONS
ts. sources or rouutants, vocations, anu
Pollutant, or Pollutant Location on site Prevention Practices,
Generating Activity Control Measures
C. Sources of Pollutants continued. Common activities and minimum control and prevention
practices
Pollutant, or Pollutant
Location on site
Prevention Practices,
Generating Activity
Control Measures
Follow Erosion and Sediment Control
Clearing, grading, excavating, and on-
Land disturbance area
Plan. Dispose of clearing debris at
stabilized areas
acceptable disposal sites. Seed and mulch,
or sod within 7 days of land clearm
Cover storm drain inlets and use drip pans
Paving operations
Roads and driveways
and absorbentloil dry for all paving
machines to limit leaks ands ills
Concrete washout shall occur in area
Direct concrete wash water into a leak -
Concrete washout and
adjacent to the construction entrance as
proof container or leak -proof settling basin
cement waste
designated on the Pollution Prevention
that is designed so that no overflows can
Plan.
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.
Dewatering if necessary when
Water shall be filtered, settled or similarly
Dewatering operations
converting culvert inlet protection
treated prior to discharge as shown on
shown on plans
plan.
Designated areas for material delivery and
Material delivery and storage
Adjacent to construction entrance and
storage. Placed near construction
construction trailer,
entrances, away from waterways and
drainage paths
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Pollutant, or Pollutant
Location on site
Prevention Practices,
Generating Activity
Control Measures
Material use during building process
Building areas
Follow manufacturer's instructions.
MSDS's attached.
Waste collection area will not receive a
substantial amount of runoff from upland
areas and does not drain directly to a
waterway. Containers have lids covered
before periods of rain, or are in a covered
area. Scheduled collection to prevent
As provided by contractor
overfilling. MATERIALS NOT TO BE
Solid waste disposal
BURIED ON -SITE
Convenient and well -maintained portable
sanitary facilities will be provided, and
Sanitary waste
Current locations shown on plan
located away from waterways or inlets.
Such facilities shall be regularly
maintained.
Apply fertilizers in accordance with
Landscaping operations
Landscape areas shown on plan
manufacturer's recommendations and not
during rainfall events
To be treated in a sediment basin or better
Wash area is located at the construction
control as specified on plan. Minimize
Wash Waters
entrance. Adjacent diversion dike will
the discharge of pollutants from
divert wash water to sediment trap.
equipment and vehicle washing
Vehicle and equipment washing
Designated areas and details shown on
Provide containment and filtering for all
Ian
wash waters per the plan
Minimization of exposure to precipitation and stormwater. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other
materials present on the site to precipitation and to stormwater.
(Identify all non-stormwater discharges to occur on your site. Keep this plan up-to-date with ongoing
site changes and inspections. See CGP, 9VAC25-880-70 section E for examples of non-stormwater
discharges.)
D. Non-stormwater discharges
Discharge Pollutants or Pollutant Location on Site
Constituents
Dust control water Sediment As shown on plan
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Discharge Pollutants or Pollutant Location on Site
Constituents
E. Persons responsible for pollution prevention practices
(Provide the names and contact information for all persons responsible for prevention practices as listed
above.)
F. Response and reporting practices
Minimize discharges from spills and leaks. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures as follows.
Respond to all spills, leaks and discharges as follows,
Materials and equipment necessary for oil or chemical spill cleanup will be kept in the temporary material storage
trailer onsite. Equipment will include, but not be limited to, brooms, dust pans, mops, rags, gloves, goggles, kitty litter,
sand, saw dust, and plastic and metal trash containers.
All oil or other chemical spills will be cleaned up immediately upon discovery. Identify and stop source of
discharge. Use absorptive materials to soak up as much chemical as possible. Place all contaminated material in trash
containers for disposal.
Report all spills, leaks and discharges as follows,
(Provide detailed response and reporting practices according to 9VAC25-880-70, Part II, section A.4.e.)
Reports will be made to the following:
Virginia Department of Emergency Management
Emergency Operations Center (EOC)
Phone: (800) 468-8892
Spills large enough to reach the storm sewers will be reported to the National Response Center at 1-800424-8802.
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.)
The registered land disturber shall oversee all construction activities to implement and maintain pollution prevention
measures. As such training and procedures shall be provided by contractor for each worker on site before they begin land
disturbing activities. Training on implementation of erosion and sediment control devices/procedures must be provided by
registered land disturber each time a new E&SC procedure is constructed.
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.
This site discharges to impaired waters as detailed on the following sheets.
Enhanced inspection freauency is required as outlined below:
(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 48 hours following a
measurable storm event. In the event that a measurable storm event occurs when there are
more than 48 hours between business days, the inspection shall be conducted on the next
business day; and
(2) Representative inspections used by utility line installation, pipeline construction, or other
similar linear construction activities shall inspect all outfalls discharging to surface waters
identified as impaired or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit.
Addition items for implementation:
(1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven
days after final grade is reached on any portion of the site.
(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an
approved nutrient management plan and shall not be applied during rainfall events.
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Bacteria TMDL Development for the
Rivanna River Mainstem, North Fork
Rivanna River, Preddy Creek and
Tributaries, Meadow Creek, Mechums
River, and Beaver Creek Watersheds
Submitted by
Virginia Department of Environmental Quality
Prepared by
THE Louis Berger Group, INC.
2445 M Street, NW Washington,
DC 20037
Final Report
March 2008
Executive Summary
This report presents the development of bacteria TMDLs for the Rivanna River
mainstem, North Fork Rivanna River, Preddy Creek and tributaries, Meadow Creek,
Mechums River, and Beaver Creek watersheds. These water bodies were listed as
impaired on Virginia's 303(d) Total Maximum Daily Load Priority List and Reports
(DEQ, 1998, 2002, 2004, 2006) because of violations of the state's water quality
standards for E. coli and for fecal coliform bacteria.
Description of the Study Area
The bacteria impaired Rivanna River watershed is located within the borders of
Albemarle, Greene, Nelson, and Orange counties. The city of Charlottesville is also
within the watershed's boundaries. All impaired streams are located in the Rivanna River
watershed (USGS Cataloging Unit 02080204). The entire Rivanna River bacteria
impaired watershed is approximately 321,877 acres.
Impairment Description
Segments of the Rivanna River mainstem, North Fork Rivanna River, Preddy Creek and
tributaries, Meadow Creek, Mechums River, and Beaver Creek were listed as bacteria
impaired on Virginia's 2002, 2004, and/or 2006 303(d) Total Maximum Daily Load
Priority List and Reports due to violations of the state's water quality standard for fecal
coliform bacteria and/or E. coh. The impaired segments are located in the Rivanna River
Basin in central Virginia. The watershed is located in the hydrologic unit (HUC)
02080204. The impaired watersheds include the City of Charlottesville and portions of
Albemarle, Greene, Orange, and Nelson counties.
The impaired segment of the Rivanna River (VAV-H28R-RVNOIA00) extends 5.28
miles along the mainstem from the confluence of the North Fork Rivanna River to
Moores Creek. This segment of the Rivanna River was first listed on the 2006
305(b)/303(d) Water Quality Assessment Integrated Report for exceedances of the E. coli
standard. During the 2006 assessment period (January 200 through December 2004), 2
Executive Summary E-1
out of 9 samples (22%) collected at listing station 2-RVN037.54 exceeded the E. coli
criterion of 235 cfu/100 ml
The impaired segment of Beaver Creek (VAV-H23R-BVR02AO4) extends 4.8 miles
from its headwaters to Beaver Creek Reservoir. This segment of Beaver Creek was first
listed on the 2004 305(b)/303(d) Water Quality Assessment Integrated Report for
exceedances of the fecal coliform standard. During the 2004 assessment period (January
1998 through December 2002), 2 out of 16 fecal coliform samples (13%) collected at
listing station 2-BVR005.70 exceeded the fecal coliform standard instantaneous of 400
cfu/100 ml. This segment remained on the 303(d) list in the 2006 Water Quality
Assessment Report.
The impaired segment of Meadow Creek (VAV-H28R-MWCOIA00) extends 4.01 miles
from its headwaters to the confluence of the Rivanna River. This segment of Meadow
Creek was first listed on the 2002 303(d) Water Quality Assessment Integrated Report for
exceedances of the fecal coliform standard. During the 2002 assessment period (January
1996 through December 2000), 4 out of 23 fecal coliform samples (17%) collected at
listing station 2-MWC000.60 exceeded the fecal coliform instantaneous standard of 400
cfu/100 ml.
The impaired segment of the Mechums River (VAV-H23R-MCMOIA00) extends 10.44
miles from the confluence of the Lickinghole Creek to the Moormans River. This
segment of the Mechums River was first listed on the 2006 305(b)/303(d) Water Quality
Assessment Integrated Report for exceedances of the E. coli standard. During the 2006
assessment period (January 2000 through December 2004), 2 out of 18 samples (11%)
collected at listing station 2-MCM005.12 exceeded the E. coli criterion of 235 cfu/100
MI.
The impaired segment of the North Fork Rivanna River (VAV-H27R-RRNOIA00)
extends 10.38 miles from the public water intake to the confluence of the Rivanna River.
This segment of the North Fork Rivanna River was first listed on the 2006 305(b)/303(d)
Water Quality Assessment Integrated Report for exceedances of the E. coli standard.
During the 2006 assessment period (January 2000 through December 2004), 3 out of 9
Executive Summary E-2
samples (33%) collected at listing station 2-RRN002.19 exceeded the E. coli criterion of
235 cfu/100 ml.
The impaired segment of Preddy Creek and its tributaries (VAV-H27R-PRDOlA00)
extends 25.96 miles from its headwaters to the confluence of the Rivanna River. This
segment of Preddy Creek was first listed on the 2006 305(b)/303(d) Water Quality
Assessment Integrated Report for exceedances of the E. coli standard. During the 2006
assessment period (January 2000 through December 2004), 3 out of the 9 samples (33%)
collected at listing station 2-PRD000.21 exceeded the E. coli criterion of 235 cfu/100 ml.
During this same period, only 1 out of the 9 samples (11%) collected at listing station 2-
PRD004.42 exceeded the E. coli criterion of 235 cf i/100 ml.
Applicable Water Quality Standards
At the time of the initial listing of Rivanna River mainstem, North Fork Rivanna River,
Preddy Creek and tributaries, Meadow Creek, Mechums River, and Beaver Creek
segments, the Virginia Bacteria Water Quality Standard was expressed in fecal coliform
bacteria; however, the bacteria water quality standard has recently been changed, and is
now expressed in E. coli. Virginia's bacteria water quality standard currently states that
E. coli bacteria shall not exceed a geometric mean of 126 E. coli counts per 100 mL of
water for two or more samples within a calendar month, or an E. coli concentration of
235 counts per 100 mL of water at any time. However, the loading rates for watershed -
based modeling are available only in terms of the previous standard, fecal coliform
bacteria. Therefore, the TMDL was expressed in E. coli by converting modeled daily
fecal coliform concentrations to daily E. coli concentrations using an in -stream translator.
This TMDL was required to meet both the geometric mean and instantaneous E. coli
water quality standard.
Watershed Characterization
The land use characterization for the Rivanna River watershed was based on a
combination of land cover data from the National Land Use Land cover data set (NLCD)
using 2001 reference data and the Virginia Department of Forestry 2005 land use data.
Executive Summary E-3
Dominant land uses in the watershed are forest (64%) and agriculture (21%). These
account for a combined 85% of the total land area in the watershed
The potential sources of fecal coliform include run-off from livestock grazing, manure
applications, industrial processes, residential, and domestic pets waste. Some of these
sources are driven by dry weather and others are driven by wet weather. The potential
sources of fecal coliform in the watershed were identified and characterized. These
sources include permitted point sources, failed septic systems and straight pipes,
livestock, wildlife, and pets.
TMDL Technical Approach
The Hydrologic Simulation Program -Fortran (HSPF) model was selected and used as a
tool to predict the in -stream water quality conditions of the delineated watershed under
varying scenarios of rainfall and fecal coliform loading. HSPF is a hydrologic,
watershed -based water quality model. The results from the model were used to develop
the TMDL allocations based on the existing fecal coliform load. Basically, this means
that HSPF can explicitly account for the specific watershed conditions, the seasonal
variations in rainfall and climate conditions, and activities and uses related to fecal
coliform loading.
The modeling process in HSPF starts with the following steps
• delineating the watershed into smaller subwatersheds
• entering the physical data that describe each subwatershed and stream segment
• entering values for the rates and constants that describe the sources and the
activities related to the fecal coliform loading in the watershed
The Rivanna River watershed was delineated into 41 smaller subwatersheds to represent
the watershed characteristics and to improve the accuracy of the HSPF model. Of these
41 representing the entire Rivanna River watershed, 28 were within the bacteria impaired
watershed. This delineation was based on topographic characteristics, and was created
using a Digital Elevation Model (DEM), stream reaches obtained from the National
Hydrography Dataset (NHD), and stream flow and in -stream water quality data.
Executive Summary E-4
Stream flow data were available from the U.S. Geological Survey (USGS). Weather data
were obtained from the National Climatic Data Center (NCDC). The data used in the
model include meteorological data (hourly precipitation) and surface airways data
(including wind speed/direction, ceiling height, dry bulb temperature, dew point
temperature, and solar radiation).
The period of January 1998 to December 2006 was used for HSPF hydraulic calibration
and validation. The hydrologic calibration parameters were adjusted until there was a
good agreement between the observed and simulated stream flow, thereby indicating that
the model parameterization is representative of the hydrologic characteristics of the study
areas. The model results closely matched the observed flows during low flow conditions,
base flow recession and storm peaks.
Instream water quality data for the calibration was retrieved from DEQ, and was
evaluated for potential use in the set-up, calibration, and validation of the water quality
model. The existing fecal coliform loading was calculated based on current watershed
conditions. Since Virginia has recently changed its bacteria standard from fecal coliform
to E. coli the modeled fecal coliform concentrations were changed to E. coli
concentrations using a translator.
TMDL Calculations
The TMDL represents the maximum amount of a pollutant that the stream can receive
without exceeding the water quality standard. The load allocation for the selected
scenarios was calculated using the following equation:
Where,
TMDL = 2] WLA +2] LA + MOS
WLA = wasteload allocation (point source contributions);
LA = load allocation (non -point source allocation); and
MOS = margin of safety.
Executive Summary E-5
The margin of safety (MOS) is a required component of the TMDL to account for any
lack of knowledge concerning the relationship between effluent limitations and water
quality. The MOS was implicitly incorporated in this TMDL. Implicitly incorporating
the MOS required that allocation scenarios be designed to meet a 30-day geometric mean
E. coli standard of 126 cfu/100 mL and the instantaneous E. coli standard of 235 cfu/100
mL with 0% exceedance.
Typically, there are several potential allocation strategies that would achieve the TMDL
endpoint and water quality standards. A number of load allocation scenarios were
developed to determine the final TMDL load allocation scenario.
For the hydrologic period of January 2000 to December 2006, fecal coliform loading and
instream fecal coliform concentrations were estimated for the various scenarios using the
developed HSPF model of the Rivanna River mainstem, North Fork Rivanna River,
Preddy Creek and tributaries, Meadow Creek, Mechums River, and Beaver Creek. After
using the instream translator, the TMDL allocation plan was developed to meet geometric
mean and instantaneous E. coli standards. Based on the load -allocation scenario
analyses, the daily TMDL allocation plans that will meet the 30-day E. coli geometric
mean water quality standard of 126 cfu/100 mL and the instantaneous E. coli water
quality standard of 235 cfu/100 mL are presented in Table E-1.
Executive Summary E-6
Table E-1: Allocation Plan Loads
for E. coli (% reduction)
for
the Rivanna River
mainstem,
North Fork Rivanna River, Preddy
Creek and tributaries,
Meadow
Creek Mechums
River,
d Beaver
Watershed
Human Sources
Livestock
Agricultural
Wildlife
(failed septic
(Direct
and urban
(Direct
systems and
Instream
non point
Instream
straight pipes)
Loading)
sources
Loading)
Rivanna River
100%
100%
95%
76%
VAV-H28R-RVNOIA00
North Fork Rivanna River
VAV-H27R-RRNOIA00
100%
100%
95%
92%
Preddy Creeks and Tributaries
100%
100%
95%
72%
VAV-H27R-PRDOIA00
Meadow Creek
VAV-H28R-MWCOIA00
100%
100%
95%
48%
Mechums River
100%
100%
95%
76%
VAV-H23R-MCMOIA00
Beaver Creek
100%
100%
95%
66%
VAV-H23R-BVR02A04
The summaries of the daily bacteria TMDL allocation plan loads for the Rivanna River
mainstem, North Fork Rivanna River, Preddy Creek and tributaries, Meadow Creek,
Mechums River, and Beaver Creek are presented in Table E-2. Table E-3 summarizes
the yearly bacteria TMDL allocation plan loads.
Table F-2: Rivanna River mainstem,
North Fork
Rivanna River,
Preddy Creek
Meadow
Beaver Creek
TMDL
�and
Loads for E. coli (cfu/day)
WLA (Point
LA
MOS
Watershed
Sources)
(Nonpoint
(Margin of
TMDL
sources)
safety)
Rivanna River
3.72E+10
4.11E+11
Implicit
4.48E+l l
VAV-H28R-RVNOIA00
North Fork Rivanna River
9.88E+09
1.62E+l l
Implicit
1.72E+l l
VAV-H27R-RRNOIA00
Preddy Creeks and Tributaries
6.67E+08
5.91E+10
Implicit
5.97E+10
VAV-H27R-PRDOIA00
Meadow Creek
4.08E+10
2.36E+10
Implicit
6.44E+10
VAV-H28R-MWCOIA00
Mechums River
906E+07
3.50E+10
Implicit
3.51E+10
VAV-H23R-MCMOIA00
Beaver Creek
2.60E+08
1.12E+10
Implicit
1.14E+10
VAV-H23R-BVR02A04
Executive Summary E-7
Table Ina River mainstem,North1
I
1 1
I
1 11
II
Be
1
II J
Loads
WLA (Point
LA
MOS
Watershed
Sources)
(Nonpoint
(Margin of
TMDL
sources)
safety)
Rivanna River
4.93E+12
4.11E+13
Implicit
4.60E+13
VAV-H28R-RVNOIA00
North Fork Rivanna River
2.15E+12
1.54E+13
Implicit
1.75E+13
VAV-H27R-RRNOIA00
Preddy Creeks and Tributaries
2.43E+11
5.58E+12
Implicit
5.83E+12
VAV-H27R-PRDOIA00
Meadow Creek
3.89E+12
2.23E+12
Implicit
6.12E+12
VAV-H28R-MWCOlA00
Mechums River
3.31E+10
3.31E+12
Implicit
3.34E+12
VAV-H23R-MCMOIA00
Beaver Creek
3.29E+10
1.07E+12
Implicit
1.10E+12
VAV-H23R-BVR02A04
TMDL Implementation
The Commonwealth intends for this TMDL to be implemented through best management
practices (BMPs) in the watershed. Implementation will occur in stages. The benefits of
staged implementation are: 1) as stream monitoring continues to occur, it allows for water
quality improvements to be recorded as they are being achieved; 2) it provides a measure
of quality control, given the uncertainties that exist in any model; 3) it provides a
mechanism for developing public support; 4) it helps to ensure the most cost effective
practices are implemented initially, and 5) it allows for the evaluation of the TMDL's
adequacy in achieving the water quality standard. Table E-4 provides load reduction
targets for staged implementation achieving a 10% instantaneous standard violation
reduction for each TMDL watershed.
While section 303(d) of the Clean Water Act and current EPA regulations do not require
the development of TMDL implementation plans as part of the TMDL process, they do
require reasonable assurance that the load and wasteload allocations can and will be
implemented. Additionally, Virginia's 1997 Water Quality Monitoring Information and
Restoration Act (the "Act") directs the State Water Control Board to "develop and
implement a plan to achieve fully supporting status for impaired waters" (Section 62. 1 -
Executive Summary E-8
44.19.7). The Act also establishes that the implementation plan shall include the date of
expected achievement of water quality objectives, measurable goals, corrective actions
necessary and the associated costs, benefits and environmental impacts of addressing the
impairments. EPA outlines the minimum elements of an approvable implementation plan
in its 1999 "Guidance for Water Quality -Based Decisions: The TMDL Process." The
listed elements include implementation actions/management measures, timelines, legal or
regulatory controls, time required to attain water quality standards, monitoring plans, and
milestones for attaining water quality standards.
Once developed, DEQ intends to incorporate the TMDL implementation plan into the
appropriate Water Quality Management Plan (WQMP), in accordance with the Clean
Water Act's Section 303(e). In response to a Memorandum of Understanding (MOU)
between EPA and DEQ, DEQ also submitted a draft Continuous Planning Process to
EPA in which DEQ commits to regularly updating the WQMPs. Thus, the WQMPs will
be, among other things, the repository for all TMDLs and TMDL implementation plans
developed within a river basin.
Executive Summary E-9
Table
mainstem,
North
Fork Rivanna1
1
I
tributaries Meadow
Cree_�,j-
Mechums River
and Beaver
Creek
TMDL_
I zatiom
Scenario Instantaneous
1
1 Violation
violation of violation of
Failed
Direct
NPS
NPS
Direct
GM
Inst.
Watershed
Septics &
Livestock
(Agricultural)
(Urban)
Wildlife
standard
standard
Pipes
126
235
#/100m1
#/100m1
Rivanna River
VAV-H28R-
100%
92%
0%
0%
0%
14.7%
10%
RVNOIA00
North Fork Rivanna
River
100%
100%
50%
58%
0%
21%
10%
VAV-H27R-
RRNOlA00
Preddy Creeks and
Tributaries
100%
100%
50%
48%
0%
36.8%
10%
VAV-H27R-
PRDOlA00
Meadow Creek
VAV-H28R-
100%
100%
0%
23%
0%
27%
10%
MWCOIA00
Mechums River
VAV-H23R-
100%
100%
55%
0%
0%
33%
10%
MCMOlA00
Beaver Creek
VAV-H23R-
100%
95%
0%
0%
0%
31.4%
10%
BVR02AO4
Executive Summary E-10
Section 8. Qualified personnel
The following personnel are responsible for inspections;
(Provide the name, telephone number, and qualifications of the qualified personnel conducting
inspections.)
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 9. Signed Certification
(Provide certification according to 9VAC25-870-370. For purposes of plan review and approvals, this
certification should be the owner of the property, the same signature as appears on the bonds and
applications. Another operator can be designated on the delegation of authority form to follow.)
CERTIFICATION
" I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations."
Owner/Operator Name:
Company:
Title:
Signature:
Date:
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 10. Delegation of authority.
(Provide the persons or positions with authority to sign inspection reports or to modify the stormwater
pollution prevention plan. A formal, signed delegation of authority is needed.)
Delegation of Authority
I, (name), hereby designate the person or specifically described position below
to be a duly authorized representative for the purpose of overseeing compliance with environmental
requirements, including the Construction General Permit, at the
construction site. The designee is authorized to sign any reports, stormwater pollution prevention plans
and all other documents required by the permit.
(name of person or position)
(company)
(address)
(city, state, zip)
(phone)
By signing this authorization, I confirm that I meet the requirements to make such a designation as set
forth in the Construction General Permit (CGP), and that the designee above meets the definition of a
"duly authorized representative".
Operator Name:
Company:
Title:
Signature:
Date:
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 11. General permit copy
(Provide a copy of the construction general permit, 9VAC25-880)
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
General Permit No.: VAR10
Effective Date: July 1, 2019
Expiration Date: June 30, 2024
GENERAL VPDES PERMIT FOR DISCHARGES OF
STORMWATER FROM CONSTRUCTION ACTIVITIES
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT
PROGRAM AND THE VIRGINIA STORMWATER MANAGEMENT ACT
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the
Virginia Stormwater Management Act and regulations adopted pursuant thereto, operators of
construction activities are authorized to discharge to surface waters within the boundaries of the
Commonwealth of Virginia, except those specifically named in State Water Control Board
regulations that prohibit such discharges.
The authorized discharge shall be in accordance with the registration statement filed with the
Department of Environmental Quality, this cover page, Part I - Discharge Authorization and
Special Conditions, Part II - Stormwater Pollution Prevention Plan, and Part III - Conditions
Applicable to All VPDES Permits as set forth in this general permit.
Construction General Permit
Effective July 1, 2019
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10M.T 1
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS
A. Coverage under this general permit.
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.
This general permit also authorizes stormwater discharges from support activities (e.g.,
concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated
material disposal areas, borrow areas) located on -site or off -site provided that:
a. The support activity is directly related to the construction activity that is required to have
general permit coverage for discharges of stormwater from construction activities;
b. The support activity is not a commercial operation, nor does it serve multiple unrelated
construction activities by different operators;
c. The support activity does not operate beyond the completion of the last construction
activity it supports;
d. The support activity is identified in the registration statement at the time of general permit
coverage;
e. Appropriate control measures are identified in a stormwater pollution prevention plan and
implemented to address the discharges from the support activity areas; and
f. All applicable state, federal, and local approvals are obtained for the support activity.
B. Limitations on coverage.
1. Post -construction discharges. This general permit does not authorize stormwater discharges
that originate from the site after construction activities have been completed and the site,
including any support activity sites covered under the general permit registration, has
undergone final stabilization. Post -construction industrial stormwater discharges may need to
be covered by a separate VPDES permit.
Discharges mixed with nonstormwater. This general permit does not authorize discharges that
are mixed with sources of nonstormwater, other than those discharges that are identified in
Part I E (Authorized nonstormwater discharges) and are in compliance with this general
permit.
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.
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4. Impaired waters and total maximum daily load (TMDL) limitation.
Nutrient and sediment impaired waters. Discharges of stormwater from construction
activities to surface waters identified as impaired in the 2016 § 305(b)/303(d) Water
Quality Assessment Integrated Report or for which a TMDL wasteload allocation has
been established and approved prior to the term of this general permit for (i) sediment
or a sediment -related parameter (i.e., total suspended solids or turbidity) or (ii)
nutrients (i.e., nitrogen or phosphorus) are not eligible for coverage under this general
permit unless the operator develops, implements, and maintains a stormwater
pollution prevention plan (SWPPP) in accordance with Part II B 5 of this permit that
minimizes the pollutants of concern and, when applicable, is consistent with the
assumptions and requirements of the approved TMDL wasteload allocations and
implements an inspection frequency consistent with Part II G 2 a.
Polychlorinated biphenyl (PCB) impaired waters. Discharges of stormwater from
construction activities that include the demolition of any structure with at least 10,000
square feet of floor space built or renovated before January 1, 1980, to surface waters
identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment
Integrated Report or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit for PCB are not eligible for coverage
under this general permit unless the operator develops, implements, and maintains a
SWPPP in accordance with Part II B 6 of this permit that minimizes the pollutants of
concern and, when applicable, is consistent with the assumptions and requirements
of the approved TMDL wasteload allocations, and implements an inspection frequency
consistent with Part II G 2 a.
Exceptional waters limitation. Discharges of stormwater from construction activities not
previously covered under the general permit effective on July 1, 2014, to exceptional waters
identified in 9VAC25-260-30 A 3 c are not eligible for coverage under this general permit
unless the operator develops, implements, and maintains a SWPPP in accordance with Part
II B 7 of this permit and implements an inspection frequency consistent with Part II G 2 a.
6. There shall be no discharge of floating solids or visible foam in other than trace amounts
C. Commingled discharges. Discharges authorized by this general permit may be commingled
with other sources of stormwater that are not required to be covered under a state permit, so long
as the commingled discharge is in compliance with this general permit. Discharges authorized by
a separate state or VPDES permit may be commingled with discharges authorized by this general
permit so long as all such discharges comply with all applicable state and VPDES permit
requirements.
D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, 1 C, and I E, all
discharges covered by this general permit shall be composed entirely of stormwater associated
with construction activities. All other discharges including the following are prohibited:
1. Wastewater from washout of concrete;
2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
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3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
4. Oils, toxic substances, or hazardous substances from spills or other releases; and
5. Soaps, solvents, or detergents used in equipment and vehicle washing.
E. Authorized nonstormwater discharges. The following nonstormwater discharges from
construction activities are authorized by this general permit when discharged in compliance with
this general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not
been used and the wash water has been filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge;
5. Potable water sources, including uncontaminated waterline flushings, managed in a manner
to avoid an instream impact;
6. Routine external building wash down where soaps, solvents or detergents have not been used
and the wash water has been filtered, settled, or similarly treated prior to discharge;
7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred
(or where all spilled or leaked material has been removed prior to washing); where soaps,
solvents, or detergents have not been used; and where the wash water has been filtered,
settled, or similarly treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated ground water or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials such
as solvents;
11. Uncontaminated excavation dewatering, including dewatering of trenches and excavations
that have been filtered, settled, or similarly treated prior to discharge; and
12. Landscape irrigation.
F. Termination of general permit coverage.
1. The operator of the construction activity shall submit a notice of termination in accordance
with 9VAC25-880-60, unless a registration statement was not required to be submitted in
accordance with 9VAC25-880-50 A 1 c or A 2 b for single-family detached residential
structures, to the VSMP authority after one or more of the following conditions have been met:
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a. Necessary permanent control measures included in the SWPPP for the site are in place
and functioning effectively and final stabilization has been achieved on all portions of the
site for which the operator has operational control. When applicable, long term
responsibility and maintenance requirements for permanent control measures shall be
recorded in the local land records prior to the submission of a complete and accurate
notice of termination and the construction record drawing prepared;
b. Another operator has assumed control over all areas of the site that have not been finally
stabilized and obtained coverage for the ongoing discharge;
c. Coverage under an alternative VPDES or state permit has been obtained; or
d. For individual lots in residential construction only, final stabilization as defined in 9VAC25-
880-1 has been completed, including providing written notification to the homeowner and
incorporating a copy of the notification and signed certification statement into the SWPPP,
and the residence has been transferred to the homeowner.
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.
If it is determined by the department that the operator's discharges are causing, have
reasonable potential to cause, or are contributing to an excursion above any applicable water
quality standard, the department, in consultation with the VSMP authority, may take
appropriate enforcement action and require the operator to:
a. Modify or implement additional control measures in accordance with Part II C to
adequately address the identified water quality concerns;
b. Submit valid and verifiable data and information that are representative of ambient
conditions and indicate that the receiving water is attaining water quality standards; or
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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.
STORMWATER POLLUTION PREVENTION PLAN
A. Stormwater pollution prevent plan.
A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission
of a registration statement and implemented for the construction activity, including any support
activity, covered by this general permit. SWPPPs shall be prepared in accordance with good
engineering practices. Construction activities that are part of a larger common plan of
development or sale and disturb less than one acre may utilize a SWPPP template provided
by the department and need not provide a separate stormwater management plan if one has
been prepared and implemented for the larger common plan of development or sale.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference
other plans such as a spill prevention control and countermeasure (SPCC) plan developed for
the site under § 311 of the federal Clean Water Act or best management practices (BMP)
programs otherwise required for the facility provided that the incorporated plan meets or
exceeds the SWPPP requirements of Part II B. All plans incorporated by reference into the
SWPPP become enforceable under this general permit. If a plan incorporated by reference
does not contain all of the required elements of the SWPPP, the operator shall develop the
missing elements and include them in the SWPPP.
3. Any operator that was authorized to discharge under the general permit effective July 1, 2014,
and that intends to continue coverage under this general permit, shall update its stormwater
pollution prevention plan to comply with the requirements of this general permit no later than
60 days after the date of coverage under this general permit.
B. Contents. The SWPPP shall include the following items:
1. General information.
a. A signed copy of the registration statement, if required, for coverage under the general
VPDES permit for discharges of stormwater from construction activities;
b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for
discharges of stormwater from construction activities (i.e., notice of coverage letter);
c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from
construction activities;
d. A narrative description of the nature of the construction activity, including the function of
the project (e.g., low density residential, shopping mall, highway, etc.);
e. A legible site plan identifying:
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(1) Directions of stormwater flow and approximate slopes anticipated after major grading
activities;
(2) Limits of land disturbance including steep slopes and natural buffers around surface
waters that will not be disturbed;
(3) Locations of major structural and nonstructural control measures, including sediment
basins and traps, perimeter dikes, sediment barriers, and other measures intended to
filter, settle, or similarly treat sediment, that will be installed between disturbed areas
and the undisturbed vegetated areas in order to increase sediment removal and
maximize stormwater infiltration;
(4) Locations of surface waters;
(5) Locations where concentrated stormwater is discharged;
(6) Locations of any support activities, including (i) areas where equipment and vehicle
washing, wheel wash water, and other wash water is to occur; (ii) storage areas for
chemicals such as acids, fuels, fertilizers, and other lawn care chemicals; (iii) concrete
wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste
facilities, including those temporarily placed on the construction site; and (vi)
construction waste storage; and
(7) When applicable, the location of the on -site rain gauge or the methodology established
in consultation with the VSMP authority used to identify measurable storm events for
inspection as allowed by Part II G 2 a (1) (ii) or Part II G 2 b (2).
Erosion and sediment control plan.
a. An erosion and sediment control plan designed and approved in accordance with the
Virginia Erosion and Sediment Control Regulations (9VAC25-840), an "agreement in lieu
of a plan" as defined in 9VAC25-840-10 from the VESCP authority, or an erosion and
sediment control plan prepared in accordance with annual standards and specifications
approved by the department.
b. All erosion and sediment control plans shall include a statement describing the
maintenance responsibilities required for the erosion and sediment controls used.
c. An approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion
and sediment control plan prepared in accordance with department -approved annual
standards and specifications, implemented to:
(1) Control the volume and velocity of stormwater runoff within the site to minimize soil
erosion;
(2) Control stormwater discharges, including peak flow rates and total stormwater volume,
to minimize erosion at outlets and to minimize downstream channel and stream bank
erosion;
Page 8 of 26
(3) Minimize the amount of soil exposed during the construction activity;
(4) Minimize the disturbance of steep slopes;
(5) Minimize sediment discharges from the site in a manner that addresses (i) the amount,
frequency, intensity, and duration of precipitation; (ii) the nature of resulting stormwater
runoff; and (iii) soil characteristics, including the range of soil particle sizes present on
the site;
(6) Provide and maintain natural buffers around surface waters, direct stormwater to
vegetated areas to increase sediment removal, and maximize stormwater infiltration,
unless infeasible;
(7) Minimize soil compaction and, unless infeasible, preserve topsoil;
(8) Ensure initiation of stabilization activities, as defined in 9VAC25-880-1, of disturbed
areas immediately whenever any clearing, grading, excavating, or other land -
disturbing activities have permanently ceased on any portion of the site, or temporarily
ceased on any portion of the site and will not resume for a period exceeding 14 days;
and
(9) Utilize outlet structures that withdraw stormwater from the surface (i.e., above the
permanent pool or wet storage water surface elevation), unless infeasible, when
discharging from sediment basins or sediment traps.
3. Stormwater management plan.
a. Except for those projects identified in Part II B 3 b, a stormwater management plan
approved by the VSMP authority as authorized under the Virginia Stormwater
Management Program (VSMP) Regulation (9VAC25-870), or an "agreement in lieu of a
stormwater management plan" as defined in 9VAC25-870-10 from the VSMP authority, or
a stormwater management plan prepared in accordance with annual standards and
specifications approved by the department.
b. For any operator meeting the conditions of 9VAC25-870-47 B of the VSMP regulation, an
approved stormwater management plan is not required. In lieu of an approved stormwater
management plan, the SWPPP shall include a description of, and all necessary
calculations supporting, all post -construction stormwater management measures that will
be installed prior to the completion of the construction process to control pollutants in
stormwater discharges after construction operations have been completed. Structural
measures should be placed on upland soils to the degree possible. Such measures must
be designed and installed in accordance with applicable VESCP authority, VSMP
authority, state, and federal requirements, and any necessary permits must be obtained.
Pollution prevention plan. A pollution prevention plan that addresses potential pollutant -
generating activities that may reasonably be expected to affect the quality of stormwater
discharges from the construction activity, including any support activity. The pollution
prevention plan shall:
a. Identify the potential pollutant -generating activities and the pollutant that is expected to be
exposed to stormwater;
Page 9 of 26
b. Describe the location where the potential pollutant -generating activities will occur, or if
identified on the site plan, reference the site plan;
c. Identify all nonstormwater discharges, as authorized in Part I E of this general permit, that
are or will be commingled with stormwater discharges from the construction activity,
including any applicable support activity;
d. Identify the person responsible for implementing the pollution prevention practice or
practices for each pollutant -generating activity (if other than the person listed as the
qualified personnel);
e. Describe the pollution prevention practices and procedures that will be implemented to:
(1) Prevent and respond to leaks, spills, and other releases including (i) procedures for
expeditiously stopping, containing, and cleaning up spills, leaks, and other releases;
and (ii) procedures for reporting leaks, spills, and other releases in accordance with
Part III G;
(2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling
and maintenance activities (e.g., providing secondary containment such as spill
berms, decks, spill containment pallets, providing cover where appropriate, and having
spill kits readily available);
(3) Prevent the discharge of soaps, solvents, detergents, and wash water from
construction materials, including the clean-up of stucco, paint, form release oils, and
curing compounds (e.g., providing (i) cover (e.g., plastic sheeting or temporary roofs)
to prevent contact with stormwater; (ii) collection and proper disposal in a manner to
prevent contact with stormwater; and (iii) a similarly effective means designed to
prevent discharge of these pollutants);
(4) Minimize the discharge of pollutants from vehicle and equipment washing, wheel wash
water, and other types of washing (e.g., locating activities away from surface waters
and stormwater inlets or conveyance and directing wash waters to sediment basins or
traps, using filtration devices such as filter bags or sand filters, or using similarly
effective controls);
(5) Direct concrete wash water into a leak -proof container or leak -proof settling basin. The
container or basin shall be designed so that no overflows can occur due to inadequate
sizing or precipitation. Hardened concrete wastes shall be removed and disposed of
in a manner consistent with the handling of other construction wastes. Liquid concrete
wastes shall be removed and disposed of in a manner consistent with the handling of
other construction wash waters and shall not be discharged to surface waters;
(6) Minimize the discharge of pollutants from storage, handling, and disposal of
construction products, materials, and wastes including (i) building products such as
asphalt sealants, copper flashing, roofing materials, adhesives, and concrete
admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape
Page 10 of 26
materials; and (iii) construction and domestic wastes such as packaging materials,
scrap construction materials, masonry products, timber, pipe and electrical cuttings,
plastics, Styrofoam, concrete, and other trash or building materials;
(7) Prevent the discharge of fuels, oils, and other petroleum products, hazardous or toxic
wastes, waste concrete, and sanitary wastes;
(8) Address any other discharge from the potential pollutant -generating activities not
addressed above;
(9) Minimize the exposure of waste materials to precipitation by closing or covering waste
containers during precipitation events and at the end of the business day, or
implementing other similarly effective practices. Minimization of exposure is not
required in cases where the exposure to precipitation will not result in a discharge of
pollutants; and
f. Describe procedures for providing pollution prevention awareness of all applicable wastes,
including any wash water, disposal practices, and applicable disposal locations of such
wastes, to personnel in order to comply with the conditions of this general permit. The
operator shall implement the procedures described in the SWPPP.
SWPPP requirements for discharges to nutrient and sediment impaired waters. For
discharges to surface waters (i) identified as impaired in the 2016 § 305(b)/303(d) Water
Quality Assessment Integrated Report or (ii) with an applicable TMDL wasteload allocation
established and approved prior to the term of this general permit for sediment for a sediment -
related parameter (i.e., total suspended solids or turbidity) or nutrients (i.e., nitrogen or
phosphorus), the operator shall:
a. Identify the impaired waters, approved TMDLs, and pollutants of concern in the SWPPP;
and
b. Provide clear direction in the SWPPP that:
(1) Permanent or temporary soil stabilization shall be applied to denuded areas within
seven days after final grade is reached on any portion of the site;
(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an
approved nutrient management plan and shall not be applied during rainfall events;
and
(3) A modified inspection schedule shall be implemented in accordance with Part II G 2 a.
SWPPP requirements for discharges to polychlorinated biphenyl (PCB) impaired waters. For
discharges from construction activities that include the demolition of any structure with at least
10,000 square feet of floor space built or renovated before January 1, 1980, to surface waters
(i) identified as impaired in the 2016 § 305(b)/303(d) Water Quality Assessment Integrated
Report or (ii) with an applicable TMDL wasteload allocation established and approved prior to
the term of this general permit for PCB, the operator shall:
Page 11 of 26
a. Identify the impaired waters, approved TMDLs, and pollutant of concern in the SWPPP;
b. Implement the approved erosion and sediment control plan in accordance with Part II B 2;
c. Dispose of waste materials in compliance with applicable state, federal, and local
requirements; and
d. Implement a modified inspection schedule in accordance with Part II G 2 a.
7. SWPPP requirements for discharges to exceptional waters. For discharges to surface waters
identified in 9VAC25-260-30 A 3 c as an exceptional water, the operator shall:
a. Identify the exceptional surface waters in the SWPPP; and
b. Provide clear direction in the SWPPP that:
(1) Permanent or temporary soil stabilization shall be applied to denuded areas within
seven days after final grade is reached on any portion of the site;
(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an
approved nutrient management plan and shall not be applied during rainfall events;
and
(3) A modified inspection schedule shall be implemented in accordance with Part II G 2 a.
8. Identification of qualified personnel. The name, phone number, and qualifications of the
qualified personnel conducting inspections required by this general permit.
9. Delegation of authority. The individuals or positions with delegated authority, in accordance
with Part III K, to sign inspection reports or modify the SWPPP.
10. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K.
C. SWPPP amendments, modification, and updates.
1. The operator shall amend the SWPPP whenever there is a change in the design, construction,
operation, or maintenance that has a significant effect on the discharge of pollutants to surface
waters and that has not been previously addressed in the SWPPP.
The SWPPP shall be amended if, during inspections or investigations by the operator's
qualified personnel, or by local, state, or federal officials, it is determined that the existing
control measures are ineffective in minimizing pollutants in discharges from the construction
activity. Revisions to the SWPPP shall include additional or modified control measures
designed and implemented to correct problems identified. If approval by the VESCP authority,
VSMP authority, or department is necessary for the control measure, revisions to the SWPPP
shall be completed no later than seven calendar days following approval. Implementation of
these additional or modified control measures shall be accomplished as described in Part II
H.
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3. The SWPPP shall clearly identify the contractors that will implement and maintain each control
measure identified in the SWPPP. The SWPPP shall be amended to identify any new
contractor that will implement and maintain a control measure.
4. The operator shall update the SWPPP as soon as possible but no later than seven days
following any modification to its implementation. All modifications or updates to the SWPPP
shall be noted and shall include the following items:
a. A record of dates when:
(1) Major grading activities occur;
(2) Construction activities temporarily or permanently cease on a portion of the site; and
(3) Stabilization measures are initiated;
b. Documentation of replaced or modified controls where periodic inspections or other
information have indicated that the controls have been used inappropriately or incorrectly
and were modified;
c. Areas that have reached final stabilization and where no further SWPPP or inspection
requirements apply;
d. All properties that are no longer under the legal control of the operator and the dates on
which the operator no longer had legal control over each property;
e. The date of any prohibited discharges, the discharge volume released, and what actions
were taken to minimize the impact of the release;
f. Measures taken to prevent the reoccurrence of any prohibited discharge; and
g. Measures taken to address any evidence identified as a result of an inspection required
under Part II G.
5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with
Part III K.
D. Public notification. Upon commencement of land disturbance, the operator shall post
conspicuously a copy of the notice of coverage letter near the main entrance of the construction
activity. For linear projects, the operator shall post the notice of coverage letter at a publicly
accessible location near an active part of the construction project (e.g., where a pipeline crosses
a public road). The operator shall maintain the posted information until termination of general
permit coverage as specified in Part I F.
E. SWPPP availability.
1. Operators with day-to-day operational control over SWPPP implementation shall have a copy
of the SWPPP available at a central location on -site for use by those identified as having
responsibilities under the SWPPP whenever they are on the construction site.
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The operator shall make the SWPPP and all amendments, modifications, and updates
available upon request to the department, the VSMP authority, the EPA, the VESCP authority,
local government officials, or the operator of a municipal separate storm sewer system
receiving discharges from the construction activity. If an on -site location is unavailable to store
the SWPPP when no personnel are present, notice of the SWPPP's location shall be posted
near the main entrance of the construction site.
The operator shall make the SWPPP available for public review in an electronic format or in
hard copy. Information for public access to the SWPPP shall be posted and maintained in
accordance with Part II D. If not provided electronically, public access to the SWPPP may be
arranged upon request at a time and at a publicly accessible location convenient to the
operator or his designee but shall be no less than once per month and shall be during normal
business hours. Information not required to be contained within the SWPPP by this general
permit is not required to be released.
F. SWPPP implementation. The operator shall implement the SWPPP and subsequent
amendments, modifications, and updates from commencement of land disturbance until
termination of general permit coverage as specified in Part I F.
All control measures shall be properly maintained in effective operating condition in
accordance with good engineering practices and, where applicable, manufacturer
specifications. If a site inspection required by Part II G identifies a control measure that is not
operating effectively, corrective actions shall be completed as soon as practicable, but no later
than seven days after discovery or a longer period as established by the VSMP authority, to
maintain the continued effectiveness of the control measures.
If site inspections required by Part II G identify an existing control measure that needs to be
modified or if an additional or alternative control measure is necessary for any reason,
implementation shall be completed prior to the next anticipated measurable storm event. If
implementation prior to the next anticipated measurable storm event is impracticable, then
additional or alternative control measures shall be implemented as soon as practicable, but
no later than seven days after discovery or a longer period as established by the VSMP
authority.
G. SWPPP Inspections.
1. Personnel responsible for on -site and off -site inspections. Inspections required by this general
permit shall be conducted by the qualified personnel identified by the operator in the SWPPP.
The operator is responsible for ensuring that the qualified personnel conduct the inspection.
2. Inspection schedule.
a. For construction activities that discharge to a surface water identified in Part 11 B 5 and B
6 as impaired or having an approved TMDL or Part I B 7 as exceptional, the following
inspection schedule requirements apply:
(1) Inspections shall be conducted at a frequency of (i) at least once every four business
days or (ii) at least once every five business days and no later than 24 hours following
a measurable storm event. In the event that a measurable storm event occurs when
Page 14 of 26
there are more than 24 hours between business days, the inspection shall be
conducted on the next business day; and
(2) Representative inspections as authorized in Part II G 2 d shall not be allowed.
b. Except as specified in Part II G 2 a, inspections shall be conducted at a frequency of:
(1) At least once every five business days; or
(2) At least once every 10 business days and no later than 24 hours following a
measurable storm event. In the event that a measurable storm event occurs when
there are more than 24 hours between business days, the inspection shall be
conducted on the next business day.
c. Where areas have been temporarily stabilized or land -disturbing activities will be
suspended due to continuous frozen ground conditions and stormwater discharges are
unlikely, the inspection frequency described in Part II G 2 a and 2 b may be reduced to
once per month. If weather conditions (such as above freezing temperatures or rain or
snow events) make discharges likely, the operator shall immediately resume the regular
inspection frequency.
d. Except as prohibited in Part II G 2 a (2), representative inspections may be utilized for
utility line installation, pipeline construction, or other similar linear construction activities
provided that:
(1) Temporary or permanent soil stabilization has been installed and vehicle access may
compromise the temporary or permanent soil stabilization and potentially cause
additional land disturbance increasing the potential for erosion;
(2) Inspections occur on the same frequency as other construction activities;
(3) Control measures are inspected along the construction site 0.25 miles above and
below each access point (i.e., where a roadway, undisturbed right-of-way, or other
similar feature intersects the construction activity and access does not compromise
temporary or permanent soil stabilization); and
(4) Inspection locations are provided in the inspection report required by Part II G.
e. If adverse weather causes the safety of the inspection personnel to be in jeopardy, the
inspection may be delayed until the next business day on which it is safe to perform the
inspection. Any time inspections are delayed due to adverse weather conditions, evidence
of the adverse weather conditions shall be included in the SWPPP with the dates of
occurrence.
3. Inspection requirements.
a. As part of the inspection, the qualified personnel shall:
(1) Record the date and time of the inspection and, when applicable, the date and rainfall
amount of the last measurable storm event;
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(2) Record the information and a description of any discharges occurring at the time of
the inspection or evidence of discharges occurring prior to the inspection;
(3) Record any land -disturbing activities that have occurred outside of the approved
erosion and sediment control plan;
(4) Inspect the following for installation in accordance with the approved erosion and
sediment control plan, identification of any maintenance needs, and evaluation of
effectiveness in minimizing sediment discharge, including whether the control has
been inappropriately or incorrectly used:
(a) All perimeter erosion and sediment controls, such as silt fence;
(b) Soil stockpiles, when applicable, and borrow areas for stabilization or sediment
trapping measures;
(c) Completed earthen structures, such as dams, dikes, ditches, and diversions for
stabilization and effective impoundment or flow control;
(d) Cut and fill slopes;
(e) Sediment basins and traps, sediment barriers, and other measures installed to
control sediment discharge from stormwater;
(f) Temporary or permanent channels, flumes, or other slope drain structures
installed to convey concentrated runoff down cut and fill slopes;
(g) Storm inlets that have been made operational to ensure that sediment laden
stormwater does not enter without first being filtered or similarly treated; and
(h) Construction vehicle access routes that intersect or access paved or public roads
for minimizing sediment tracking;
(5) Inspect areas that have reached final grade or that will remain dormant for more than
14 days to ensure:
(a) Initiation of stabilization activities have occurred immediately, as defined in
9VAC25-880-1; and
(b) Stabilization activities have been completed within seven days of reaching grade
or stopping work;
(6) Inspect for evidence that the approved erosion and sediment control plan, "agreement
in lieu of a plan," or erosion and sediment control plan prepared in accordance with
department -approved annual standards and specifications has not been properly
implemented. This includes:
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(a) Concentrated flows of stormwater in conveyances such as rills, rivulets, or
channels that have not been filtered, settled, or similarly treated prior to discharge,
or evidence thereof;
(b) Sediment laden or turbid flows of stormwater that have not been filtered or settled
to remove sediments prior to discharge;
(c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch
basins that discharge to surface waters. Inlets and catch basins with failing
sediment controls due to improper installation, lack of maintenance, or inadequate
design are considered unprotected;
(d) Sediment deposition on any property (including public and private streets) outside
of the construction activity covered by this general permit;
(e) Required stabilization has not been initiated or completed or is not effective on
portions of the site;
(f) Sediment basins without adequate wet or dry storage volume or sediment basins
that allow the discharge of stormwater from below the surface of the wet storage
portion of the basin;
(g) Sediment traps without adequate wet or dry storage or sediment traps that allow
the discharge of stormwater from below the surface of the wet storage portion of
the trap; and
(h) Land disturbance or sediment deposition outside of the approved area to be
disturbed;
(7) Inspect pollutant generating activities identified in the pollution prevention plan for the
proper implementation, maintenance, and effectiveness of the procedures and
practices;
(8) Identify any pollutant generating activities not identified in the pollution prevention plan;
and
(9) Identify and document the presence of any evidence of the discharge of pollutants
prohibited by this general permit.
4. Inspection report. Each inspection report shall include the following items:
a. The date and time of the inspection and, when applicable, the date and rainfall amount of
the last measurable storm event;
b. Summarized findings of the inspection;
c. The locations of prohibited discharges;
d. The locations of control measures that require maintenance;
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e. The locations of control measures that failed to operate as designed or proved inadequate
or inappropriate for a particular location;
f. The locations where any evidence identified under Part II G 3 a (6) exists;
g. The locations where any additional control measure is needed;
h. A list of corrective actions required (including any changes to the SWPPP that are
necessary) as a result of the inspection or to maintain permit compliance;
i. Documentation of any corrective actions required from a previous inspection that have not
been implemented; and
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.
The inspection report and any actions taken in accordance with Part II shall be retained by
the operator as part of the SWPPP for at least three years from the date that general permit
coverage expires or is terminated. The inspection report shall identify any incidents of
noncompliance. Where an inspection report does not identify any incidents of noncompliance,
the report shall contain a certification that the construction activity is in compliance with the
SWPPP and this general permit. The report shall be signed in accordance with Part III K of
this general permit.
H. Corrective actions.
The operator shall implement the corrective actions identified as a result of an inspection as
soon as practicable but no later than seven days after discovery or a longer period as
approved by the VSMP authority. If approval of a corrective action by a regulatory authority
(e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control
measures shall be implemented to minimize pollutants in stormwater discharges until such
approvals can be obtained.
The operator may be required to remove accumulated sediment deposits located outside of
the construction activity covered by this general permit as soon as practicable in order to
minimize environmental impacts. The operator shall notify the VSMP authority and the
department as well as obtain all applicable federal, state, and local authorizations,
approvals, and permits prior to the removal of sediments accumulated in surface waters
including wetlands.
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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.
Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or
alternative methods approved by the U.S. Environmental Protection Agency, unless other
procedures have been specified in this general permit. Analyses performed according to test
procedures approved under 40 CFR Part 136 shall be performed by an environmental
laboratory certified under regulations adopted by the Department of General Services
(1 VAC30-45 or 1 VAC30-46).
3. The operator shall periodically calibrate and perform maintenance procedures on all
monitoring and analytical instrumentation at intervals that will ensure accuracy of
measurements.
B. Records.
1. Monitoring records and reports shall include
a. The date, exact place, and time of sampling or measurements;
b. The individuals who performed the sampling or measurements;
c. The dates and times analyses were performed;
d. The individuals who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The operator shall retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this general permit, and records of all data
used to complete the registration statement for this general permit, for a period of at least
three years from the date of the sample, measurement, report or request for coverage. This
period of retention shall be extended automatically during the course of any unresolved
litigation regarding the regulated activity or regarding control standards applicable to the
operator, or as requested by the board.
C. Reporting monitoring results.
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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.
If the operator monitors any pollutant specifically addressed by this general permit more
frequently than required by this general permit using test procedures approved under 40 CFR
Part 136 or using other test procedures approved by the U.S. Environmental Protection
Agency or using procedures specified in this general permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted in the DMR or reporting form
specified by the department.
4. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified in this general permit.
D. Duty to provide information. The operator shall furnish, within a reasonable time, any
information which the board may request to determine whether cause exists for terminating this
general permit coverage or to determine compliance with this general permit. The board,
department, EPA, or VSMP authority may require the operator to furnish, upon request, such
plans, specifications, and other pertinent information as may be necessary to determine the effect
of the wastes from his discharge on the quality of surface waters, or such other information as
may be necessary to accomplish the purposes of the CWA and the Virginia Stormwater
Management Act. The operator shall also furnish to the board, department, EPA, or VSMP
authority, upon request, copies of records required to be kept by this general permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of this general
permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized stormwater discharges. Pursuant to § 62.1-44.5 of the Code of Virginia, except
in compliance with a state permit issued by the department, it shall be unlawful to cause a
stormwater discharge from a construction activity.
G. Reports of unauthorized discharges. Any operator who discharges or causes or allows a
discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance or a
hazardous substance or oil in an amount equal to or in excess of a reportable quantity established
under either 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or § 62.1-44.34:19 of the Code
of Virginia that occurs during a 24-hour period into or upon surface waters or who discharges or
causes or allows a discharge that may reasonably be expected to enter surface waters, shall
notify the Department of Environmental Quality of the discharge immediately upon discovery of
the discharge, but in no case later than within 24 hours after said discovery. A written report of
the unauthorized discharge shall be submitted to the department and the VSMP authority within
five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
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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
Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present
discharge or any future discharges not authorized by this general permit.
Discharges reportable to the department and the VSMP authority under the immediate reporting
requirements of other regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge
including a "bypass" or "upset," as defined in this general permit, should occur from a facility and
the discharge enters or could be expected to enter surface waters, the operator shall promptly
notify, in no case later than within 24 hours, the department and the VSMP authority by telephone
after the discovery of the discharge. This notification shall provide all available details of the
incident, including any adverse effects on aquatic life and the known number of fish killed. The
operator shall reduce the report to writing and shall submit it to the department and the VSMP
authority within five days of discovery of the discharge in accordance with Part III 12. Unusual
and extraordinary discharges include any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service of some or all of the facilities; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The operator shall report any noncompliance which may adversely
affect surface waters or may endanger public health.
An oral report to the department and the VSMP authority shall be provided within 24 hours
from the time the operator becomes aware of the circumstances. The following shall be
included as information that shall be reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
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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 1 1 or 2 in
writing as part of the SWPPP. The reports shall contain the information listed in Part 111 1 2.
NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP
authority. Reports may be made by telephone, email, or by fax. For reports outside normal working
hours, leaving a recorded message shall fulfill the immediate reporting requirement. For
emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone
service at 1-800-468-8892.
4. Where the operator becomes aware of a failure to submit any relevant facts, or submittal of
incorrect information in any report, including a registration statement, to the department or the
VSMP authority, the operator shall promptly submit such facts or correct information.
J. Notice of planned changes.
1. The operator shall give notice to the department and the VSMP authority as soon as possible
of any planned physical alterations or additions to the permitted facility or activity. Notice is
required only when:
a. The operator plans an alteration or addition to any building, structure, facility, or installation
that may meet one of the criteria for determining whether a facility is a new source in
9VAC25-870-420;
b. The operator plans an alteration or addition that would significantly change the nature or
increase the quantity of pollutants discharged. This notification applies to pollutants that
are not subject to effluent limitations in this general permit; or
2. The operator shall give advance notice to the department and VSMP authority of any planned
changes in the permitted facility or activity, which may result in noncompliance with state
permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this chapter, a
responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president
of the corporation in charge of a principal business function, or any other person who
performs similar policy -making or decision -making functions for the corporation; or (ii) the
manager of one or more manufacturing, production, or operating facilities, provided the
Page 22 of 26
manager is authorized to make management decisions that govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long-term compliance with environmental laws and regulations; the manager
can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for state permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive
officer or ranking elected official. For purposes of this chapter, a principal executive officer
of a public agency includes (i) the chief executive officer of the agency or (ii) a senior
executive officer having responsibility for the overall operations of a principal geographic
unit of the agency.
2. Reports and other information. All reports required by this general permit, including SWPPPs,
and other information requested by the board or the department shall be signed by a person
described in Part III K 1 or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
a. The authorization is made in writing by a person described in Part III K 1;
b. The authorization specifies either an individual or a position having responsibility for the
overall operation of the regulated facility or activity such as the position of plant manager,
operator of a well or a well field, superintendent, position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the
operator. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position); and
c. The signed and dated written authorization is included in the SWPPP. A copy shall be
provided to the department and VSMP authority, if requested.
3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because
a different individual or position has responsibility for the overall operation of the construction
activity, a new authorization satisfying the requirements of Part III K 2 shall be submitted to
the VSMP authority as the administering entity for the board prior to or together with any
reports or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following
certification:
"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
Page 23 of 26
penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations."
L. Duty to comply. The operator shall comply with all conditions of this general permit. Any state
permit noncompliance constitutes a violation of the Virginia Stormwater Management Act and the
Clean Water Act, except that noncompliance with certain provisions of this general permit may
constitute a violation of the Virginia Stormwater Management Act but not the Clean Water Act.
Permit noncompliance is grounds for enforcement action; for state permit coverage, termination,
revocation and reissuance, or modification; or denial of a state permit renewal application.
The operator shall comply with effluent standards or prohibitions established under § 307(a)
of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions or standards for sewage sludge use or disposal, even if this
general permit has not yet been modified to incorporate the requirement.
M. Duty to reapply. If the operator wishes to continue an activity regulated by this general permit
after the expiration date of this general permit, the operator shall submit a new registration
statement at least 60 days before the expiration date of the existing general permit, unless
permission for a later date has been granted by the board. The board shall not grant permission
for registration statements to be submitted later than the expiration date of the existing general
permit.
N. Effect of a state permit. This general permit does not convey any property rights in either real
or personal property or any exclusive privileges, nor does it authorize any injury to private property
or invasion of personal rights, or any infringement of federal, state or local law or regulations.
O. State law. Nothing in this general permit shall be construed to preclude the institution of any
legal action under, or relieve the operator from any responsibilities, liabilities, or penalties
established pursuant to any other state law or regulation or under authority preserved by § 510 of
the Clean Water Act. Except as provided in general permit conditions on "bypassing" (Part III U)
and "upset' (Part III V), nothing in this general permit shall be construed to relieve the operator
from civil and criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the operator from any responsibilities,
liabilities, or penalties to which the operator is or may be subject under §§ 62.1-44.34:14 through
62.1-44.34:23 of the State Water Control Law or § 311 of the Clean Water Act.
Q. Proper operation and maintenance. The operator shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances), which
are installed or used by the operator to achieve compliance with the conditions of this general
permit. Proper operation and maintenance also includes effective plant performance, adequate
funding, adequate staffing, and adequate laboratory and process controls, including appropriate
quality assurance procedures. This provision requires the operation of back-up or auxiliary
facilities or similar systems, which are installed by the operator only when the operation is
necessary to achieve compliance with the conditions of this general permit.
R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of
treatment or management of pollutants shall be disposed of in a manner so as to prevent any
pollutant from such materials from entering surface waters and in compliance with all applicable
state and federal laws and regulations.
Page 24 of 26
S. Duty to mitigate. The operator shall take all steps to minimize or prevent any discharge in
violation of this general permit that has a reasonable likelihood of adversely affecting human
health or the environment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator in an
enforcement action that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of this general permit.
U. Bypass.
1. 'Bypass," as defined in 9VAC25-870-10, means the intentional diversion of waste streams
from any portion of a treatment facility. The operator may allow any bypass to occur that does
not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to
ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and
3.
2. Notice.
a. Anticipated bypass. If the operator knows in advance of the need for a bypass, the
operator shall submit prior notice to the department, if possible at least 10 days before the
date of the bypass.
b. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as
required in Part III I.
3. Prohibition of bypass.
a. Except as provided in Part III U 1, bypass is prohibited, and the board or department may
take enforcement action against an operator for bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage. Severe property damage means substantial physical damage to property,
damage to the treatment facilities that causes them to become inoperable, or
substantial and permanent loss of natural resources that can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass that occurred during normal periods of equipment
downtime or preventive maintenance; and
(3) The operator submitted notices as required under Part III U 2.
b. The department may approve an anticipated bypass, after considering its adverse effects,
if the department determines that it will meet the three conditions listed in Part III U 3 a.
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V. Upset.
1. An "upset," as defined in 9VAC25-870-10, means an exceptional incident in which there is
unintentional and temporary noncompliance with technology -based state permit effluent
limitations because of factors beyond the reasonable control of the operator. An upset does
not include noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
2. An upset constitutes an affirmative defense to an action brought for noncompliance with
technology -based state permit effluent limitations if the requirements of Part III V 4 are met.
A determination made during administrative review of claims that noncompliance was caused
by upset, and before an action for noncompliance, is not a final administrative action subject
to judicial review.
3. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of preventative
maintenance, or careless or improper operation.
4. An operator who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and that the operator can identify the cause of the upset;
b. The permitted facility was at the time being properly operated;
c. The operator submitted notice of the upset as required in Part III I; and
d. The operator complied with any remedial measures required under Part III S.
5. In any enforcement proceeding, the operator seeking to establish the occurrence of an upset
has the burden of proof.
W. Inspection and entry. The operator shall allow the department as the board's designee, the
VSMP authority, EPA, or an authorized representative of either entity (including an authorized
contractor), upon presentation of credentials and other documents as may be required by law to:
1. Enter upon the operator's premises where a regulated facility or activity is located or
conducted, or where records shall be kept under the conditions of this general permit;
2. Have access to and copy, at reasonable times, any records that shall be kept under the
conditions of this general permit;
3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under this general
permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring state permit compliance
or as otherwise authorized by the Clean Water Act or the Virginia Stormwater Management
Act, any substances or parameters at any location.
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For purposes of this section, the time for inspection shall be deemed reasonable during regular
business hours, and whenever the facility is discharging. Nothing contained herein shall make an
inspection unreasonable during an emergency.
X. State permit actions. State permit coverage may be modified, revoked and reissued, or
terminated for cause. The filing of a request by the operator for a state permit modification,
revocation and reissuance, or termination, or a notification of planned changes or anticipated
noncompliance does not stay any state permit condition.
Y. Transfer of state permit coverage.
1. State permits are not transferable to any person except after notice to the department. Except
as provided in Part III Y 2, a state permit may be transferred by the operator to a new operator
only if the state permit has been modified or revoked and reissued, or a minor modification
made, to identify the new operator and incorporate such other requirements as may be
necessary under the Virginia Stormwater Management Act and the Clean Water Act.
As an alternative to transfers under Part III Y 1, this state permit may be automatically
transferred to a new operator if:
a. The current operator notifies the department at least 30 days in advance of the proposed
transfer of the title to the facility or property;
b. The notice includes a written agreement between the existing and new operators
containing a specific date for transfer of state permit responsibility, coverage, and liability
between them; and
c. The department does not notify the existing operator and the proposed new operator of
its intent to modify or revoke and reissue the state permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b.
3. For ongoing construction activity involving a change of operator, the new operator shall accept
and maintain the existing SWPPP, or prepare and implement a new SWPPP prior to taking
over operations at the site.
Z. Severability. The provisions of this general permit are severable, and if any provision of this
general permit or the application of any provision of this state permit to any circumstance, is held
invalid, the application of such provision to other circumstances and the remainder of this general
permit shall not be affected thereby.
Section 12. Inspection logs
INSPECTION FREQUENCY:
(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 48 hours following a measurable storm event. In
the event that a measurable storm event occurs when there are more than 48 hours between business
days, the inspection shall be conducted on the next business day; and
(2) Representative inspections used by utility line installation, pipeline construction, or other similar
linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired
or for which a TMDL wasteload allocation has been established and approved prior to the term of this
general permit.
Issued — 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County