HomeMy WebLinkAboutSDP200700019 Calculations 2004-06-29COMMONWEALTH of VIRCjINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Valley Regional Office
W. Tayloe Murphy, Jr. Street address: 4411 Early Road, Harrisonburg, Virginia 22801SecretaryofNaturalResourcesMailingaddress: P.O. Box 3000, Harrisonburg, Virginia 22801 -9519
Telephone (540)574 -7800 Fax (540)574 -7878
www.deq.state.va.us
June 29, 2004
Blair K. Williamson
S. L. Williamson Company, Inc
PO Box 648
Charlottesville, VA 22902
Robert G. Burnley
Director
R. Bradley Chewning, P.E.
Valley Regional Director
RE: Virginia Pollutant Discharge Elimination System ( VPDES) Permit No. VAR050933,
VPDES General Permit Coverage for S. L. Williamson - Shadwell Asphalt Plant
Dear Mr. Williamson:
Enclosed, please find the referenced VPDES General Permit for Storm Water Discharges
Associated With Industrial Activity. The permit's effective date is July 1, 2004, and its expiration
date is June 30, 2009. Please read the permit carefully, because you are responsible for meeting all
permit conditions.
Please review Part I.A.1 and Part IV of the permit to determine which storm water numeric
effluent limitations and storm water monitoring requirements apply to this facility. If your permit
includes numeric limitations and/or requires monitoring, the necessary Discharge Monitoring
Report (DMR) form(s) and an instruction sheet are inserted into the permit immediately following
the permit cover page. If you did not adequately identify your storm water discharge points
outfalls) on the maps that accompanied your registration statement, you should provide a more
accurate site plan with your first DMR submittal.
Should you have any questions, please do not hesitate to contact Brandon Kiracofe of this
office at (540) 574 -7892 or via e -mail at bdkiracofe @deq.virginia.gov.
Sincerely,
B.
Water Permits Manager
Enclosure: Permit No. VAR050933
cc: STW File
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
General Permit No.: VAR050933
Effective Date: July 1, 2004
Expiration Date: June 30, 2009
GENERAL PERMIT FOR STORM WATER DISCHARGES
ASSOCIATED WITH INDUSTRIAL ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE
ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water
Control Law and regulations adopted pursuant thereto, owners of facilities with storm water discharges
associated with industrial activity are authorized to discharge to surface waters within the boundaries of
the Commonwealth of Virginia, except those waters specifically named in board regulation or policies
which prohibit such discharges.
The authorized discharge shall be in accordance with this cover page, Part I- Effluent Limitations,
Monitoring Requirements and Special Conditions, Part II- Conditions Applicable to All VPDES Permits,
Part III -Storm Water Pollution Prevention Plan, and Part IV- Sector - Specific Permit Requirements, as set
forth herein.
The DMR Instruction Sheet has not been developed at this time. Please see Part I.A. of
the permit for guidance on how to complete the DINM(s) for your facility. If you haveanyquestionsonhowtocompletetheDMR(s), please contact Brandon Kiracofe at
540) 574 -7892 or via e -mail at bdkiracofe @deq.virginia.gov.
TYPE: STORM WATER
SECTOR D - DISCHARGES FROM AREAS WHERE
PRODUCTION OF ASPHALT PAVING AND ROOFING
EMULSIONS OCCURS (SIC 2591, 2952)
PERMITTEE NAME SL Williamson Co Inc
FACILITY NAME SL Williamson Co Inc - Shadwell Plant
ADDRESS: PO Box 6
48
Charlottesville, VA 22902
CONTACT PERSON
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES)
DISCHARGE MONITORING REPORT (DMR)
NOTE: READ PERMIT AND GENERAL INSTRUCTIONS BEFORE
COMPLETING THIS FORM,
DATE
VAR050933
OR CONCENTRATION NO.
EX.
SAMPLE
TYPE
PERMIT NUMBER OUTFALL NO.
MAXIMUM UNITS
004 TOTAL
SUS. SOLIDS
REPORTED
Check
One
MONITORING PERIOD
RUNOFF
VOL. (GAL.)
YEAR MO DAY TO YEAR MO
mg /I GRAB
2004 July 1 2005 June
2005 July 1
15
2006 June
002
pH
REPORTED
2006 July 1 2007 June
REQUIREMENT 6.
0
2007 July 1
GRAB
2008 June
2008 JUN I 1 2009 June
TELEPHONE
PARAMETER
DATE
QUALITY OR CONCENTRATION NO.
EX.
SAMPLE
TYPEMINIMUMAVERAGEMAXIMUMUNITS
004 TOTAL
SUS. SOLIDS
REPORTED
PRECIP.
AMOUNT (IN.)
RUNOFF
VOL. (GAL.)
PRECEDING
EVENT
REQUIREMENT 15 23 mg /I GRAB
500
OIL & GREASE
REPORTED
REQUIREMENT 10 15 mg /I GRAB
002
pH
REPORTED
REQUIREMENT 6.
0 9.
0 SU GRAB
REPORTED
REQUIREMENT
REPORTED
REQUIREMENT
REPORTED
REQUIREMENT
REPORTED
REQUIREMENT
DEPT. OF ENVIRONMENTAL QUALITY
REGIONAL OFFICE)
Valley Regional Office
4411 Early Road
PO Box 3000
Harrisonburg, VA 22801
DAY
30
30
30
STORM EVENT
INFORMATION
DATE
YR.MO DAY
DURATION
HRS MIN
PRECIP.
AMOUNT (IN.)
RUNOFF
VOL. (GAL.)
PRECEDING
EVENT
DAYS HRS
certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance PRINCIPLE EXECUTIVE OFFICER OR AUTHORIZED AGENT DATENilhasystemdesignedtoassurethatqualifiedpersonnelproperlygatherandevaluatetheinformationsubmitted. Based on my inquiry
Df the person or persons who manage the system or those persons directly responsible for gathering the information, the information
ubmitted is to the best of my knowledge and belief, true accurate and complete. I am aware that there are significant penalties for
ubmitting false information, including the possibility of fine and imprisonment for knowing violations. See 18 U. S. C. § 1001 and
33 U. S. C. § 1319. (Penalties under these statutes may include fines up to $10,
000 and or maximum imprisonment of between 6 months
and five years.) TYPED OR PRINTED NAME SIGNATURE YR. MO. DAY
TYPE: STORM WATER
SECTOR D - ASPHALT PAVING AND ROOFING
MATERIALS (SIC 2951, 2952)
PERMITTEE NAME SL Williamson Co Inc
FACILITY NAME SL Williamson Co Inc - Shadwell Plant
ADDRESS: PO Box 648
Charlottesville, VA 22902
CONTACT PERSON
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES)
DISCHARGE MONITORING REPORT (DMR)
NOTE: READ PERMIT AND GENERAL INSTRUCTIONS BEFORE
COMPLETING THIS FORM.
VAR050933
PERMIT NUMBER OUTFALL NO.
DEPT. OF ENVIRONMENTAL QUALITY
REGIONAL OFFICE)
Valley Regional Office
4411 Early Road
PO Box 3000
Harrisonburg, VA 22801
Check MONITORING PERIOD
QUALITY OR CONCENTRATION
One YEAR MO DAY TO YEAR MO DAY
REPORTED
2004 July 1 2005 June 30
MONITORING CUT OFF
2005 July 1 2006 June 30
REPORTED
2006 July 1 2007 June 30
MONITORING CUT OFF
2007 Jul 1 2008 June 30
REPORTED
2008 July 1 2009 1 June 30
TELEPHONE
PARAMETER
DATE
QUALITY OR CONCENTRATION
MO
NO.
EX.
Monitoring
WaivedMINIMUMAVERAGEMAXIMUMUNITS
004 TOTAL
SUSPENDED SOLIDS
REPORTED
RUNOFF
VOL. (GAL.)
PRECEDING
EVENT
MONITORING CUT OFF 100 mg /I Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
REPORTED
MONITORING CUT OFF Y)
Yes or (N)
No
STORM EVENT
INFORMATION
DATE
YR.MO I DAY
DURATION
HRS MIN
PRECIP.
AMOUNT (IN.)
RUNOFF
VOL. (GAL.)
PRECEDING
EVENT
DAYS HRS
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance PRINCIPLE EXECUTIVE OFFICER OR AUTHORIZED AGENT DATENithasystemdesignedtoassurethatqualifiedpersonnelproperlygatherandevaluatetheinformationsubmitted. 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. See 16 U. S. C. § 1001 and
33 U. & C. § 1319. (Penalties under these statutes may include fines up to $10,
000 and or maximum imprisonment of between 6 months
TYPED OR PRINTED NAME SIGNATURE YR. MO. DAYandfiveyears.)
Permit No. VAR050933
Part I
Page 1 of 8
EFFLUENT LIMITATIONS, MONITORING REQUIREMENTS AND SPECIAL CONDITIONS
A. Effluent limitations and monitoring requirements.
There are four individual and separate categories of monitoring requirements and numeric effluent
limitations that a facility may be subject to under this permit. The monitoring requirements and
numeric limitations applicable to a facility depend on the types of industrial activities generating
storm water runoff from the facility. Part IV of the permit identifies monitoring requirements
applicable to specific sectors of industrial activity. The permittee must review Part I A 1 and Part IV
of the permit to determine which monitoring requirements and numeric limitations apply to his
facility. Unless otherwise specified, limitations and monitoring requirements under Part I A 1 and
Part IV are additive.
Sector - specific monitoring requirements and limitations are applied discharge by discharge at
facilities with colocated activities. Where storm water from the colocated activities are commingled,
the monitoring requirements and limitations are additive. Where more than one numeric limitation
for a specific parameter applies to a discharge, compliance with the more restrictive limitation is
required. Where monitoring requirements for a monitoring period overlap (e.g., need to monitor TSS
one /year for a limit and also one /year for benchmark monitoring), the permittee may use a single
sample to satisfy both monitoring requirements.
Types of monitoring requirements and limitations.
a. Quarterly visual monitoring. The requirements and procedures for quarterly visual monitoring
are applicable to all facilities covered under this permit, regardless of the facility's sector of
industrial activity.
1) The permittee must perform and document a quarterly visual examination of a storm water
discharge associated with industrial activity from each outfall, except discharges exempted
below. Unless another schedule is established in applicable sectors of Part IV, the
examination(s) must be made at least once in each of the following three -month periods:
January through March, April through June, July through September, and October through
December. The visual examination must be made during daylight hours (e.g., normal
working hours). - If no storm event resulted in runoff from the facility during a monitoring
quarter, the permittee is excused from visual monitoring for that quarter provided that
documentation is included with the monitoring records indicating that no runoff occurred.
The documentation must be signed and certified in accordance with Part II K of this permit.
2) Visual examinations must be made of samples collected within the first 30 minutes (or as
soon thereafter as practical, but not to exceed one hour) of when the runoff or snowmelt
begins discharging from the facility. The examination must document observations of
color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and
other obvious indicators of storm water pollution. The examination must be conducted in a
well -lit area. No analytical tests are required to be performed on the samples. All samples
except snowmelt samples) must be collected from the discharge resulting from a storm
event that is greater than 0.1 inches in magnitude and that occurs at least 72 hours from the
previously measurable (greater than 0.1 inch rainfall) storm event. The 72 -hour storm
interval is waived when the preceding measurable storm did not yield a measurable
discharge, or if the permittee is able to document that less than a 72 -hour interval is
representative for local storm events during the sampling period. Where practicable, the
Permit No. VAR050933
Part I
Page 2 of 8
same individual should carry out the collection and examination of discharges for the entire
permit term. If no qualifying storm event resulted in runoff from the facility during a
monitoring quarter, the permittee is excused from visual monitoring for that quarter
provided that documentation is included with the monitoring records indicating that no
qualifying storm event occurred that resulted in storm water runoff during that quarter. The
documentation must be signed and certified in accordance with Part II K.
3) The visual examination reports must be maintained on -site with the Storm Water Pollution
Prevention Plan ( SWPPP). The report must include the outfall location, the examination
date and time, examination personnel, the nature of the discharge (i.e., runoff or snow melt),
visual quality of the storm water discharge (including observations of color, odor, clarity,
floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious
indicators of storm water pollution), and probable sources of any observed storm water
contamination.
4) Inactive and unstaffed sites: When the permittee is unable to conduct visual storm water
examinations at an inactive and unstaffed site, a waiver of the monitoring requirement may
be exercised as long as the facility remains inactive and unstaffed. If this waiver is
exercised, the permittee must maintain a certification with the SWPPP stating that the site is
inactive and unstaffed and that performing visual examinations during a qualifying event is
not feasible. The waiver must be signed and certified in accordance with Part II K.
b. Benchmark monitoring of discharges associated with specific industrial activities.
Table 70 -1 identifies the specific industrial sectors subject to the benchmark monitoring
requirements of this permit and the industry - specific pollutants of concern. The permittee must
refer to the tables found in the individual sectors in Part IV for benchmark monitoring cut -off
concentrations. Colocated industrial activities at the facility that are described in more than one
sector in Part N must comply with all applicable benchmark monitoring requirements from
each sector.
The results of benchmark monitoring are primarily for the permittee to use to determine the
overall effectiveness of the SWPPP in controlling the discharge of pollutants to receiving
waters. Benchmark values, included in Part N of this permit, are not viewed as effluent
limitations. An exceedance of a benchmark value does not, in and of itself, constitute a
violation of this permit. While exceedance of a benchmark value does not automatically
indicate that violation of a water quality standard has occurred, it does signal that modifications
to the SWPPP may be necessary. In addition, exceedance of benchmark values may identify
facilities that would be more appropriately covered under an individual, or alternative general
permit where more specific pollution prevention controls could be required.
TABLE 70 -1
INDUSTRIAL SECTORS SUBJECT TO BENCHMARK MONITORING
Industry ustry Sub - sector Benchmark Monitoring Parameters
D .........................Asphalt Paving and Roofing Materials ....TSS.
Table does not include parameters for compliance monitoring under effluent limitations guidelines.
1) Monitoring periods for benchmark monitoring. Unless otherwise specified in Part IV, the
benchmark monitoring period is July 1 to June 30 each year of the permit. If a facility falls
within a sector(s) required to conduct benchmark monitoring, monitoring must be
performed annually (once per year) during at least the first two, and potentially all,
Permit No. VAR050933
Part I
Page 3 of 8
monitoring periods, unless otherwise specified in the sector - specific requirements of Part
IV. Depending on the results of two consecutive monitoring years, benchmark monitoring
may not be required to be conducted in subsequent monitoring years (see subsection (2)
below).
2) Benchmark monitoring waivers for facilities testing below benchmark values. All of the
provisions of this subpart are available to permittees except as noted in Part IV. Waivers
from benchmark monitoring are available to facilities whose discharges are below
benchmark values, thus there is an incentive for facilities to improve the effectiveness of
their SWPPPs in eliminating discharges of pollutants and avoid the cost of monitoring. On
both a parameter by parameter and outfall by outfall basis, sector - specific benchmark
monitoring is not required to be conducted in subsequent monitoring years provided:
a) Samples were collected in two consecutive monitoring years, and the parameter
concentrations were below the benchmark value in Part IV; and
b) The facility is not subject to a numeric limitation for that parameter established in Part I
A 1 c (Coal Pile Runoff) or Part IV (Sector Specific Permit Requirements); and
c) A waiver request is submitted to and approved by the department. The waiver request
should be sent to the appropriate regional office, along with the supporting monitoring
data for two consecutive years, and a certification that, based on current potential
pollutant sources and BMPs used, discharges from the facility are reasonably expected
to be essentially the same (or cleaner) compared to when the benchmark monitoring for
the two consecutive monitoring years was done.
3) Samples must be collected and analyzed in accordance with Part I A 2 b. For each outfall,
one signed Discharge Monitoring Report (DMR) form must be maintained on -site with the
SWPPP for each storm event sampled. Monitoring results must be retained in accordance
with Part II B.
4) Inactive and unstaffed sites. If the permittee is unable to conduct benchmark monitoring at
an inactive and unstaffed site, a waiver of the monitoring requirement may be exercised as
long as the facility remains inactive and unstaffed. If the permittee exercises this waiver, a
certification must be submitted to the department and maintained with the SWPPP stating
that the site is inactive and unstaffed and that performing benchmark monitoring during a
qualifying storm event is not feasible. The waiver must be signed and certified in
accordance with Part II K.
c. Not applicable
d. Compliance monitoring for discharges subject to numerical effluent limitation guidelines.
1) Facilities subject to storm water effluent limitation guidelines are required to monitor such
discharges to evaluate compliance with numerical effluent limitations. Industry- specific
numerical limitations and compliance monitoring requirements are described in Part IV of
the permit. Colocated industrial activities at the facility that are described in more than one
sector in Part IV must comply on a discharge -by- discharge basis with all applicable effluent
limitations from each sector. Permittees shall monitor the discharges for the presence of the
pollutant subject to the effluent limitation at least annually (once per year).
2) Samples must be collected and analyzed in accordance with Part I A 2 b. The representative
outfalls provision of Part I A 2 d, the alternative certification provision of Part I A 3 b, and
the low concentration waiver of Part I A 1 b(2) are not applicable to storm water discharge
monitoring for compliance with effluent limitations. Results of all compliance monitoring
must be reported in accordance with Part I A 4 and Part II C, and retained in accordance
with Part II B.
u' Permit No. VAR050933
Part I
Page 4 of 8
TABLE 70 -3
EFFLUENT LIMITATION GUIDELINES APPLICABLE TO DISCHARGES
THAT MAY BE ELIGIBLE FOR PERMIT COVERAGE
2. Monitoring instructions.
a. Monitoring periods. Permittees that are required to conduct monitoring on an annual or
quarterly basis must collect samples within the following time periods (unless otherwise
specified in Part IV):
1) The monitoring year is from July 1 to June 30.
2) If a facility's permit coverage was effective less than one month from the end of a quarterly
or yearly monitoring period, the first monitoring period starts with the next respective
monitoring period (e.g., if permit coverage begins March 5, the permittee would not need to
start quarterly sampling until the April -June quarter, but the permittee would only have
from March 5 to June 30 to complete that year's annual monitoring).
b. Collection and analysis of samples. Sampling requirements must be assessed on an outfall by
outfall basis. Samples must be collected and analyzed in accordance with the requirements of
Part II A.
When and How to Sample. A minimum of one grab sample must be taken from the discharge
associated with industrial activity resulting from a storm event with at least 0.1 inch of
precipitation (defined as a "measurable" event), providing the interval from the preceding
measurable storm is at least 72 hours. The 72 -hour storm interval is waived when the preceding
measurable storm did not yield a measurable discharge, or if the permittee is able to document
that less than a 72 -hour interval is representative for local storm events during the sampling
period.
The grab sample must be taken during the first 30 minutes of the discharge. If it is not
practicable to take the sample during the first 30 minutes, the sample may be taken during the
first hour of discharge provided that the permittee explains why a grab sample during the first
30 minutes was impracticable. This information must be submitted on or with the Discharge
Monitoring Report (DMR), or maintained with the SWPPP if reports are not required to be
submitted. If the sampled discharge commingles with process or nonprocess water, the
permittee must attempt to sample the storm water discharge before it mixes with the nonstorm
water.
c. Storm event data. Along with the monitoring results, the permittee must provide the date and
duration (in hours) of the storm event(s) sampled; rainfall measurements or estimates (in
inches) of the storm event that generated the sampled runoff, the duration between the storm
event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm
event; and an estimate of the total volume (in gallons) of the discharge sampled.
Sectors VV_Vith
Effluent Limitation Guideline Affected Facilities
Runoff from asphalt emulsion facilities (40 CFR Part 443 Subpart A (2002)
established July 24, 1975))D
2. Monitoring instructions.
a. Monitoring periods. Permittees that are required to conduct monitoring on an annual or
quarterly basis must collect samples within the following time periods (unless otherwise
specified in Part IV):
1) The monitoring year is from July 1 to June 30.
2) If a facility's permit coverage was effective less than one month from the end of a quarterly
or yearly monitoring period, the first monitoring period starts with the next respective
monitoring period (e.g., if permit coverage begins March 5, the permittee would not need to
start quarterly sampling until the April -June quarter, but the permittee would only have
from March 5 to June 30 to complete that year's annual monitoring).
b. Collection and analysis of samples. Sampling requirements must be assessed on an outfall by
outfall basis. Samples must be collected and analyzed in accordance with the requirements of
Part II A.
When and How to Sample. A minimum of one grab sample must be taken from the discharge
associated with industrial activity resulting from a storm event with at least 0.1 inch of
precipitation (defined as a "measurable" event), providing the interval from the preceding
measurable storm is at least 72 hours. The 72 -hour storm interval is waived when the preceding
measurable storm did not yield a measurable discharge, or if the permittee is able to document
that less than a 72 -hour interval is representative for local storm events during the sampling
period.
The grab sample must be taken during the first 30 minutes of the discharge. If it is not
practicable to take the sample during the first 30 minutes, the sample may be taken during the
first hour of discharge provided that the permittee explains why a grab sample during the first
30 minutes was impracticable. This information must be submitted on or with the Discharge
Monitoring Report (DMR), or maintained with the SWPPP if reports are not required to be
submitted. If the sampled discharge commingles with process or nonprocess water, the
permittee must attempt to sample the storm water discharge before it mixes with the nonstorm
water.
c. Storm event data. Along with the monitoring results, the permittee must provide the date and
duration (in hours) of the storm event(s) sampled; rainfall measurements or estimates (in
inches) of the storm event that generated the sampled runoff, the duration between the storm
event sampled and the end of the previous measurable (greater than 0.1 inch rainfall) storm
event; and an estimate of the total volume (in gallons) of the discharge sampled.
A
Permit No. VAR050933
Part I
Page 5 of 8
d. Representative outfalls - essentially identical discharges. If a facility has two or more outfalls
that discharge substantially identical effluents, based on similarities of the industrial activities,
significant materials or storm water management practices occurring within the drainage areas
of the outfalls, the permittee may test the effluent of just one of the outfalls and report that the
quantitative data also applies to the substantially identical outfall(s). This outfall monitoring
waiver for substantially identical discharges applies to quarterly visual monitoring as well, but
does not apply to compliance monitoring for discharges subject to numerical effluent limitation
guidelines (see Part I A 1 d(2)). The permittee must include the following information in the
SWPPP, and in any DMRs that are required to be submitted to the department:
1) The locations of the outfalls;
2) Why the outfalls are expected to discharge substantially identical effluents;
3) Estimates of the size of the drainage area (in square feet) for each of the outfalls; and
4) An estimate of the runoff coefficient of the drainage areas (low: under 40 %; medium: 40%
to 65 %; high: above 65 %).
3. Monitoring waivers. Unless specifically stated otherwise, the following waivers may be applied to
any monitoring required under this permit.
a. Adverse climatic conditions waiver.
When adverse weather conditions prevent the collection of samples, a substitute sample may be
taken during a qualifying storm event in the next monitoring period. Adverse weather
conditions are those that are dangerous or create inaccessibility for personnel, and may include
such things as local flooding, high winds, electrical storms, or situations that otherwise make
sampling impracticable, such as drought or extended frozen conditions.
b. Alternative certification of "Not Present" or "No Exposure."
The permittee is not subject to the benchmark monitoring requirements of Part I A 1 b
provided:
1) A certification is made for a given outfall, or on a pollutant -by- pollutant basis in lieu of
monitoring required under Part I A 1 b, that material handling equipment or activities, raw
materials, intermediate products, final products, waste materials, by- products, industrial
machinery or operations, or significant materials from past industrial activity that are
located in areas of the facility within the drainage area of the outfall are not presently
exposed to storm water and are not expected to be exposed to storm water for the
certification period; and
2) The certification is signed in accordance with Part II K, submitted to the department, and a
copy retained with the SWPPP; and
3) If certification cannot be made for an entire period, the permittee must document the date
exposure was eliminated and must perform any monitoring required up until that date; and
4) No numeric limitation for that parameter is established in Part IV.
4. Reporting monitoring results.
a. Reporting to the department. Depending on the types of monitoring required at a permitted
facility, monitoring results may have to be submitted or they may only have to be kept with the
SWPPP. The permittee must follow the reporting requirements and deadlines below for the
types of monitoring that apply to the facility:
Permit No. VAR050933
Part I
Page 6 of 8
TABLE 70 -4
Monitoring Reporting Requirements
Monitoring for Numeric Submit results on a DMR by the 10th day of the month after
Limitation ....monitoring takes place.
Benchmark Monitoring ..........Retain results with SWPPP - do not submit unless requested
to do so by the Department.
Visual Monitoring ..................Retain results with SWPPP - do not submit unless requested
to do so by the Department.
Permittees that are required to submit monitoring shall submit results for each outfall associated
with industrial activity according to the requirements of Part II C. For each outfall, one signed
discharge monitoring report (DMR) form must be submitted to the department per storm event
sampled.
b. Additional reporting. In addition to filing copies of discharge monitoring reports in accordance
with Part H C , permittees with at least one storm water discharge associated with industrial
activity through a municipal separate storm sewer system (MS4), or a municipal system
designated by the director, must submit signed copies of DMRs to the MS4 operator at the same
time. Permittees not required to report monitoring data and permittees that are not otherwise
required to monitor their discharges need not comply with this provision.
B. Special conditions.
1. Allowable nonstorm water discharges. Except as provided in this section or in Part IV, all
discharges covered by this permit shall be composed entirely of storm water. The following
nonstorm water discharges are authorized by this permit provided the nonstorm water component
of the discharge is in compliance with Part III D 2 ( Nonstorm water discharges) of this general
permit:
a. Discharges from fire fighting activities;
b. Fire hydrant flushings;
c. Potable water including water line flushings;
d. Uncontaminated air conditioning or compressor condensate;
e. Irrigation drainage;
f. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in
accordance with manufacturer's instructions;
g. Routine external building wash down that does not use detergents ;
h. Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous
materials have occurred (unless all spilled material has been removed) ;
i. Uncontaminated ground water or spring water;
j. Foundation or footing drains where flows are not contaminated with process materials such as
solvents; and
k. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of
the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower
blowdown or drains).
All other nonstorm water discharges must be in compliance with a VPDES permit (other than this
permit) issued for the discharge.
Permit No. VAR050933
Part I
Page 7 of 8
2. Releases of hazardous substances or oil in excess of reportable quantities. The discharge of
hazardous substances or oil in the storm water discharge(s) from the facility shall be prevented or
minimized in accordance with the storm water pollution prevention plan for the facility. This
permit does not authorize the discharge of hazardous substances or oil resulting from an on -site
spill. This permit does not relieve the permittee of the reporting requirements of 40 CFR Part 110
2002), 40 CFR Part 117 (2002) and 40 CFR Part 302 (2002) or § 62.1 - 44.34:19 of the Code of
Virginia.
Where a release containing a hazardous substance or oil in an amount equal to or in excess of a
reportable quantity established under either 40 CFR Part 110 (2002), 40 CFR Part 117 (2002) or40CFRPart302 (2002) occurs during a 24 -hour period:
a. The permittee is required to notify the department in accordance with the requirements of Part H
G as soon as he has knowledge of the discharge;
b. Where a release enters a municipal separate storm sewer system (MS4), the permittee shall also
notify the owner of the MS4; and
c. The storm water pollution prevention plan required under Part III must be reviewed to identify
measures to prevent the reoccurrence of such releases and to respond to such releases, and the
plan must be modified where appropriate.
3. Colocated industrial activity. If the facility has industrial activities occurring on -site which are
described by any of the activities in Part IV of the permit, those industrial activities are considered
to be colocated industrial activities. Storm water discharges from colocated industrial activities
are authorized by this permit, provided that the permittee complies with any and all additional
pollution prevention plan and monitoring requirements from Part IV applicable to that particular
colocated industrial activity. The permittee shall determine which additional pollution prevention
plan and monitoring requirements are applicable to the colocated industrial activity by examiningthenarrativedescriptionsofeachcoveragesection (Discharges covered under this section).
4. The storm water discharges authorized by this permit may be combined with other sources of
storm water which are not required to be covered under a VPDES permit, so long as the combined
discharge is in compliance with this permit.
5. There shall be no discharge of floating solids or visible foam in other than trace amounts.
6. Additional requirements for salt storage. Storage piles of salt used for deicing or other
commercial or industrial purposes must be enclosed or covered to prevent exposure to
precipitation (except for exposure resulting from adding or removing materials from the pile).
Piles do not need to be enclosed or covered where storm water from the pile is not discharged to
state waters or the discharges from the piles are authorized under another permit.
7. Water quality protection. The permittee must select, install, implement and maintain best
management practices (BMPs) at the facility that minimize pollutants in the storm water
discharges as necessary to meet applicable water quality standards. If there is evidence indicatingthatthestormwaterdischargesauthorizedbythispermitarecausing, have the reasonable
potential to cause, or are contributing to an excursion above an applicable water quality standard,
Permit No. VAR050933
Part I
Page 8 of "S
or are causing downstream pollution (as defined in § 62.1 -44.3 of the Code of Virginia), the board
may take appropriate enforcement action, may require the permittee to include and implement
appropriate controls in the SWPPP to correct the problem, and/or may require the permittee to
obtain an individual permit in accordance with 9 VAC 25 -31 -170 B 3.
Permit No. VAR050933
Part II
Page 1 of 7
CONDITIONS APPLICABLE TO ALL VPDES PERMITS
A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored
activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 (2002) or
alternative methods approved by the U.S. Environmental Protection Agency, unless other
procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring
and analytical instrumentation at intervals that will insure accuracy of measurements.
B. Records,
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five years,
the permittee 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 permit, and records of all data used to
complete the registration statement for this 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 permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the
10th day of the month after monitoring takes place, unless another reporting schedule is specified
elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported on a discharge monitoring report (DMR) or on forms provided,
approved or specified by the department.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than
required by this permit using test procedures approved under 40 CFR Part 136 (2002) or using
other test procedures approved by the U.S. Environmental Protection Agency or using procedures
specified in this permit, the results of this monitoring shall be included in the calculation and
reporting of the data submitted on 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 permit.
D. Duty to provide information. The permittee shall furnish to the department, within a reasonable time,
any information which the board may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit or to determine compliance with this permit. The
board may require the permittee to furnish, upon request, such plans, specifications, and other
Permit No. VAR050933
Part II
Page 2 of 7
pertinent information as may be necessary to determine the effect of the wastes from his discharge on
the quality of state waters, or such other information as may be necessary to accomplish the purposes
of the State Water Control Law. The permittee shall also furnish to the department upon request,copies of records required to be kept by this 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 permit shall be
submitted no later than 14 days following each schedule date.
F. Unauthorized discharges. Except in compliance with this permit, or another permit issued by the
board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious
substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them
detrimental to the public health, or to animal or aquatic life, or to the use of such waters for
domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who discharges or causes or allows a discharge of
sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state
waters in violation of Part II F; or who discharges or causes or allows a discharge that may reasonablybeexpectedtoenterstatewatersinviolationofPartIIF, shall notify the department of the discharge
immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery.
A written report of the unauthorized discharge shall be submitted to the department within five days ofdiscoveryofthedischarge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge oranyfuturedischargesnotauthorizedbythispermit.
Discharges reportable to the department under the immediate reporting requirements of other
regulations are exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a
bypass or upset should occur from a treatment works and the discharge enters or could be expected to
enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department
by telephone after the discovery of the discharge. This notification shall provide all available details
of the incident, including any adverse affects on aquatic life and the known number of fish killed. The
permittee shall reduce the report to writing and shall submit it to the department within five days of
discovery of the discharge in accordance with Part 111 2. Unusual and extraordinary dischargesincludebutarenotlimitedtoanydischargeresultingfrom:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
Permit No. VAR050933
Part II
Page 3 of 7
3. Failure or taking out of service some or all of the treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any noncompliance which may adversely affect
state waters or may endanger public health.
1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the
circumstances. The following shall be included as information which shall be reported within 24
hours under this paragraph:
a. Any unanticipated bypass; and
b. Any upset which causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected, the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case -by -case basis for reports of noncompliance
under Part III if the oral report has been received within 24 hours and no adverse impact on state
waters has been reported.
3. The permittee shall report all instances of noncompliance not reported under Part III 1 or 2, in
writing, at the time the next monitoring reports are submitted. The reports shall contain the
information listed in Part II 12.
NOTE: The immediate (within 24 hours) reports required in Part II G, H and I may be made to the
department's regional office. Reports may be made by telephone or by fax. For reports outside
normal working hours, leave a message and this 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.
Notice of planned changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The permittee plans alteration or addition to any building, structure, facility, or installation from
which there is or may be a discharge of pollutants, the construction of which commenced:
1) After promulgation of standards of performance under § 306 of Clean Water Act which are
applicable to such source; or
2) After proposal of standards of performance in accordance with § 306 of Clean Water Act
which are applicable to such source, but only if the standards are promulgated in accordance
with § 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal
practices, and such alteration, addition, or change may justify the application of permit
conditions that are different from or absent in the existing permit, including notification of
additional use or disposal sites not reported during the permit application process or not reported
pursuant to an approved land application plan.
2. The permittee shall give advance notice to the department of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Permit No. VAR050933
Part II
Page 4 of 7
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 section, a
responsible corporate officer means: (i) a president, secretary, treasurer, or vice - president of the
corporation in charge of a principal business function, or any other person who performs similar
policy- making or decision - making functions for the corporation; or (ii) the manager of one or
more manufacturing, production, or operating facilities, provided the manager is authorized to
make management decisions that govern the operation of the regulated facility including having
the explicit or implicit duty of making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long term environmental 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 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 section, 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, etc. All reports required by permits, and other information requested by the board shall be
signed by a person described in Part II 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 II K I;
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 company. A duly
authorized representative may thus be either a named individual or any individual occupying a
named position; and
c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part H K 2 is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to
or together with any reports, or information to be signed by an authorized representative.
4. Certification. Any person signing a document under Part II K I or 2 shall make the following
certification:
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather 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."
L. Duty to comply. The permittee shall comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act,
except that noncompliance with certain provisions of this permit may constitute a violation of the
Permit No. VAR050933
Part II
Page 5 of 7
State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a
permit renewal application.
The permittee shall comply with effluent standards or prohibitions established under § 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established
under § 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not
yet been modified to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the
expiration date of this permit, the permittee shall submit a new registration statement at least 90 days
before the expiration date of the existing 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 permit.
N. Effect of a permit. This 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 permit shall be construed to preclude the institution of any legal action
under, or relieve the permittee 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 permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in
this permit shall be construed to relieve the permittee from civil and criminal penalties for
noncompliance.
P. Oil and hazardous substance liability. Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties
to which the permittee is or may be subject under §§ 62.1- 44.34:14 through 62.1- 44.34:23 of the State
Water Control Law.
Q. Proper operation and maintenance. The permittee 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 permittee to achieve compliance with the conditions of this 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 permittee only when the operation is necessary to achieve compliance with the
conditions of this 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 state waters.
Permit No. VAR050933
Part II
Page 6 of 7
S. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge
or sludge use or disposal in violation of this permit which has a reasonable likelihood of adverselyaffectinghumanhealthortheenvironment.
T. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee 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 permit.
U. Bypass.
1. 'Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Part II U 2 and 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall
be submitted, if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as requiredinPartIII.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass,unless:
1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate back -up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventive maintenance; and
3) The permittee submitted notices as required under Part II U 2.
b. The board may approve an anticipated bypass, after considering its adverse effects, if the board
determines that it will meet the three conditions listed above in Part II U 3 a.
V. Upset.
1. An upset constitutes an affirmative defense to an action brought for noncompliance with technologybasedpermiteffluentlimitationsiftherequirementsofPartIIV2aremet. A determination made
during administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, throughproperlysigned, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the permittee can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The permittee submitted notice of the upset as required in Part 11 1; and
d. The permittee complied with any remedial measures required under Part II S.
3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has theburdenofproof.
Permit No. VAR050933
Part II
Page 7 of 7
W. Inspection and entry. The permittee shall allow the director, or an authorized representative, uponpresentationofcredentialsandotherdocumentsasmayberequiredbylaw, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),practices, or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or
parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular
business hours, and whenever the facility is discharging. Nothing contained herein shall make an
inspection unreasonable during an emergency.
X. Permit actions. Permits may be modified, revoked and reissued, or terminated for cause. The filing of
a request by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of permits.
1. Permits are not transferable to any person except after notice to the department. Except as provided
in Part II Y 2, a permit may be transferred by the permittee to a new owner or operator only if the
permit has been modified or revoked and reissued, or a minor modification made, to identify the
new permittee and incorporate such other requirements as may be necessary under the State Water
Control Law and the Clean Water Act.
2. As an alternative to transfers under Part II Y 1, this permit may be automatically transferred to a
new permittee if.
a. The current permittee 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 permittees containing a
specific date for transfer of permit responsibility, coverage, and liability between them; and
c. The board does not notify the existing permittee and the proposed new permittee of its intent to
modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on
the date specified in the agreement mentioned in Part II Y 2 b.
Z. Severability. The provisions of this permit are severable, and if any provision of this permit or the
application of any provision of this permit to any circumstance, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Permit No. VAR050933
Part III
Page 1 of 8
STORM WATER POLLUTION PREVENTION PLAN
A Storm Water Pollution Prevention Plan ( SWPPP) must be developed for the facility covered by this
permit. The SWPPP shall be prepared in accordance with good engineering practicesand shall identify
potential sources of pollution that may reasonably be expected to affect the quality of storm water
discharges from the facility. In addition, the plan shall describe and ensure the implementation of
practices that will be used to reduce the pollutants in storm water discharges from the facility, and shall
assure compliance with the terms and conditions of this permit. Permittees must implement the
provisions of the SWPPP as a condition of this permit.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other
plans or documents such as an erosion and sediment control (ESC) plan, a spill prevention control and
countermeasure (SPCC) plan developed for the facility under § 311 of the Clean Water Act or best
management practices (BMP) programs otherwise required for the facility provided that the incorporated
plan meets or exceeds the plan requirements of Part III B (Contents of the Plan). If an ESC plan is being
incorporated by reference, it shall have been approved by the locality in which the activity is to occur or
by another appropriate plan approving authority authorized under the Erosion and Sediment Control
Regulations, 4 VAC 50 -30 -10 et seq. All plans incorporated by reference into the SWPPP become
enforceable under this permit.
A. Deadlines for plan preparation and compliance.
1. Facilities that were covered under the 1999 Industrial Storm Water General Permit. Owners of
facilities that were covered under the 1999 Industrial Storm Water General Permit who are
continuing coverage under this general permit shall update and implement any revisions to the
SWPPP not later than August 30, 2004.
2. New facilities, facilities previously covered by an expiring individual permit, and existing
facilities not currently covered by a VPDES permit. Owners of new facilities, facilities
previously covered by an expiring individual permit, and existing facilities not currently covered
by a VPDES permit who elect to be covered under this general permit must prepare and
implement the SWPPP prior to submitting the registration statement.
3. New owners of existing facilities. Where the owner of an existing facility that is covered by this
permit changes, the new owner of the facility must update and implement any revisions to the
SWPPP within 60 days of the ownership change.
4. Extensions. Upon a showing of good cause, the director may establish a later date in writing for
the preparation and compliance with the SWPPP.
B. Contents of the plan. The contents of the SWPPP shall comply with the requirements listed below
and those in the appropriate sectors of Part IV. These requirements are cumulative. If a facility has
colocated activities that are covered in more than one sector of Part IV, that facility's pollution
prevention plan must comply with the requirements listed in all applicable sectors. The following
requirements are applicable to all SWPPPs developed under this general permit. The plan shall
include, at a minimum, the following items:
1. Pollution prevention team. The plan shall identify the staff individuals by name or title that
comprise the facility's storm water pollution prevention team. The pollution prevention team is
responsible for assisting the facility or plant manager in developing, implementing, maintaining,
and revising the facility's SWPPP. Responsibilities of each staff individual on the team must be
listed.
Permit No. VAR050933
Part III
Page 2 of 8
2. Site description. The SWPPP shall include the following:
a. Activities at the facility. A description of the nature of the industrial activity(ies) at the facility.
b. General location map. A general location map (e.g., USGS quadrangle or other map) with
enough detail to identify the location of the facility and the receiving waters within one mile of
the facility.
c. Site map. A site Map identifying the following:
1) Directions of storm water flow (e.g., use arrows to show which ways storm water will
flow);
2) Locations of all existing structural BMPs;
3) Locations of all surface water bodies;
4) Locations of potential pollutant sources identified under Part III B 3 and where significant
materials are exposed to precipitation;
5) Locations where major spills or leaks identified under Part III B 4 have occurred;
6) Locations of the following activities where such activities are exposed to precipitation:
fueling stations; vehicle and equipment maintenance and/or cleaning areas; loading/unloading
areas; locations used for the treatment, storage or disposal of wastes; and liquid storage tanks;
7) Locations of storm water outfalls and an approximate outline of the area draining to each
outfall;
8) Location and description of nonstorm water discharges;
9) Locations of the following activities where such activities are exposed to precipitation:
processing and storage areas; access roads, rail cars and tracks; the location of transfer of
substance in bulk; and machinery; and
10) Location and source of runoff from adjacent property containing significant quantities of
pollutants of concern to the facility (the permittee may include an evaluation of how the
quality of the storm water running onto the facility impacts the facility's storm water
discharges).
d. Receiving waters and wetlands. The name of the nearest receiving water(s), including
intermittent streams, dry sloughs, arroyos and the areal extent and description of wetland sites
that may receive discharges from the facility.
3. Summary of potential pollutant sources. The plan shall identify each separate area at the facility
where industrial materials or activities are exposed to storm water. Industrial materials or
activities include, but are not limited to: material handling equipment or activities, industrial
machinery, raw materials, intermediate products, byproducts, final products, or waste products.
Material handling activities include the storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, final product or waste product. For each
separate area identified, the description must include:
a. Activities in area. A list of the activities (e.g., material storage, equipment fueling and
cleaning, cutting steel beams); and
b. Pollutants. A list of the associated pollutant(s) or pollutant parameter(s) (e.g., crankcase oil,
iron, biochemical oxygen demand, pH, etc.) for each activity. The pollutant list must include
all significant materials that have been handled, treated, stored or disposed in a manner to
allow exposure to storm water between the time of three years before being covered under this
permit and the present.
4. Spills and leaks. The SWPPP must clearly identify areas where potential spills and leaks that can
contribute pollutants to storm water discharges can occur and their accompanying drainage
points. For areas that are exposed to precipitation or that otherwise drain to a storm water
conveyance at the facility to be covered under this permit, the plan must include a list of
Permit No. VAR050933
Part III
Page 3 of 8
significant spills and leaks of toxic or hazardous pollutants that occurred during the three -year
period prior to the date of the submission of a registration statement. The list must be updated if
significant spills or leaks occur in exposed areas of the facility during the term of the permit.
Significant spills and leaks include releases of oil or hazardous substances in excess of reportable
quantities, and may also include releases of oil or hazardous substances that are not in excess of
reporting requirements.
5. Sampling data. The plan must include a summary of existing discharge sampling data taken at
the facility, and must also include a summary of sampling data collected during the term of this
permit.
6. Storm water controls. The SWPPP shall include a description of storm water management
controls appropriate for the facility. The description of controls shall address the following
minimum components:
a. Description of existing and planned BMPs. The plan shall describe the type and location of
existing nonstructural and structural best management practices (BMPs) selected for each of
the areas where industrial materials or activities are exposed to storm water. All the areas
identified in Part III B 3 (summary of potential pollutant sources) should have a BMP(s)
identified for the area's discharges. For areas where BMPs are not currently in place, include a
description of appropriate BMPs that will be used to control pollutants in storm water
discharges. Selection of BMPs should take into consideration:
1) The quantity and nature of the pollutants, and their potential to impact the water quality of
receiving waters;
2) Opportunities to combine the dual purposes of water quality protection and local flood
control benefits, including physical impacts of high flows on streams (e.g., bank erosion,
impairment of aquatic habitat, etc.);
3) Opportunities to offset the impact of impervious areas of the facility on ground water
recharge and base flows in local streams, taking into account the potential for ground water
contamination.
b. BMP types to be considered. The permittee must consider the following types of structural,
nonstructural and other BMPs for implementation at the facility. The SWPPP shall describe
how each BMP is, or will be, implemented. If this requirement was fulfilled with the area -
specific BMPs identified under Part III B 6 a, then the previous description is sufficient.
However, many of the following BMPs may be more generalized or non - site - specific and
therefore not previously considered. If the permittee determines that any of these BMPs are
not appropriate for the facility, an explanation of why they are not appropriate shall be
included in the plan. The BMP examples listed below are not intended to be an exclusive list
of BMPs that may be used. The permittee is encouraged to keep abreast of new BMPs or new
applications of existing BMPs to find the most cost effective means of permit compliance for
the facility. If BMPs are being used or planned at the facility that are not listed here (e.g.,
replacing a chemical with a less toxic alternative, adopting a new or innovative BMP, etc.),
descriptions of them shall be included in this section of the SWPPP.
1) Nonstructural BMPs.
a) Good housekeeping. The permittee must keep all exposed areas of the facility in a clean,
orderly manner where such exposed areas could contribute pollutants to storm water
discharges. Common problem areas include around trash containers, storage areas and loading
docks. Measures must also include a schedule for regular pickup and disposal of garbage and
waste materials; routine inspections for leaks and conditions of drums, tanks and containers.
x
Permit No. VAR050933
Part III
Page 4 of 8
b) Minimizing exposure. Where practicable, industrial materials and activities should be
protected by a storm- resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff.
Note: Eliminating exposure at all industrial areas may make the facility eligible for the
Conditional Exclusion for No Exposure" provision of 9 VAC 25 -31 -120 F, thereby
eliminating the need to have a permit.
c) Preventive maintenance. The permittee must have a preventive maintenance program that
includes timely inspection and maintenance of storm water management devices (e.g., cleaning
oil/water separators, catch basins), as well as inspection, testing, maintenance and repairing of
facility equipment and systems to avoid breakdowns or failures that could result in discharges
of pollutants to surface waters.
d) Spill prevention and response procedures. The plan must describe the procedures that will
be followed for cleaning up spills or leaks. The procedures and necessary spill response
equipment must be made available to those employees who may cause or detect a spill or leak.
Where appropriate, the plan must include an explanation of existing or planned material
handling procedures, storage requirements, secondary containment, and equipment (e.g.,
diversion valves), that are intended to minimize spills or leaks at the facility. Measures for
cleaning up hazardous material spills or leaks must be consistent with applicable RCRA
regulations at 40 CFR Part 264 (2002) and 40 CFR Part 265 (2002).
e) Routine facility inspections. Facility personnel who are familiar with the industrial activity,
the BMPs and the storm water pollution prevention plan shall be identified to inspect all areas
of the facility where industrial materials or activities are exposed to storm water. These
inspections are in addition to, or as part of, the comprehensive site evaluation required under
Part III E, and must include an evaluation of the existing storm water BMPs. The inspection
frequency shall be specified in the plan based upon a consideration of the level of industrial
activity at the facility, but shall be a minimum of quarterly unless more frequent intervals are
specified elsewhere in the permit. Any deficiencies in the implementation of the SWPPP that
are found must be corrected as soon as practicable, but not later than within 14 days of the
inspection, unless permission for a later date is granted in writing by the director. The results
of the inspections must be documented in the SWPPP, along with any corrective actions that
were taken in response to any deficiencies or opportunities for improvement that were
identified.
f) Employee training. The SWPPP must describe the storm water employee training program
for the facility. The description should include the topics to be covered, such as spill response,
good housekeeping, and material management practices, and must identify periodic dates for
such training (e.g., every six months during the months of July and January). Employee
training must be provided for all employees who work in areas where industrial materials or
activities are exposed to storm water, and for employees who are responsible for implementing
activities identified in the SWPPP (e.g., inspectors, maintenance people). The training should
inform employees of the components and goals of the SWPPP.
2) Structural BMPs.
a) Sediment and erosion control. The plan shall identify areas at the facility that, due to
topography, land disturbance (e.g., construction), or other factors, have a potential for
significant soil erosion. The plan must identify structural, vegetative, and/or stabilization
BMPs that will be implemented to limit erosion.
b) Management of runoff. The plan shall describe the traditional storm water management
practices (permanent structural BMPs other than those that control the generation or source(s)
of pollutants) that currently exist or that are planned for the facility. These types of BMPs are
Permit No, VAR050933
Part III
Page 5 of 8
typically used to divert, infiltrate, reuse, or otherwise reduce pollutants in storm water
discharges from the site. The plan shall provide that all measures that the permittee determines
to be reasonable and appropriate, or are required by a state or local authority shall be
implemented and maintained. Factors for the permittee to consider when selecting appropriate
BMPs should include:
i) The industrial materials and activities that are exposed to storm water, and the
associated pollutant potential of those materials and activities; and
ii) The beneficial and potential detrimental effects on surface water quality, ground water
quality, receiving water base flow (dry weather stream flow), and physical integrity of
receiving waters.
Structural measures should be placed on upland soils, avoiding wetlands and floodplains, if
possible. Structural BMPs may require a separate permit under § 404 of the CWA before
installation begins.
c) Example BMPs. BMPs that could be used include but are not limited to: storm water
detention structures (including wet ponds); storm water retention structures; flow attenuation
by use of open vegetated swales and natural depressions; infiltration of runoff on -site; and
sequential systems (which combine several practices).
d) Other Controls. Off -site vehicle tracking of raw, final, or waste materials or sediments,
and the generation of dust must be minimized. Tracking or blowing of raw, final, or waste
materials from areas of no exposure to exposed areas must be minimized. Velocity dissipation
devices (or equivalent measures) must be placed at discharge locations and along the length of
any outfall channel if they are necessary to provide a nonerosive flow velocity from the
structure to a water course.
C. Maintenance. All BMPs identified in the SWPPP must be maintained in effective operating
condition. If site inspections required by Part III E identify BMPs that are not operating effectively,
maintenance must be performed before the next anticipated storm event, or as necessary to maintain
the continued effectiveness of storm water controls. If maintenance prior to the next anticipated
storm event is impracticable, maintenance must be scheduled and accomplished as soon as
practicable. In the case of nonstructural BMPs, the effectiveness of the BMP must be maintained by
appropriate means (e.g., spill response supplies available and personnel trained, etc.).
D. Nonstorm water discharges.
1. Certification of nonstorm water discharges.
a. The SWPPR must include a certification that all discharges (i.e., outfalls) have been tested or
evaluated for the presence of nonstorm water. The certification must be signed in accordance
with Part II K of this permit, and include:
1) The date of any testing and/or evaluation;
2) Identification of potential significant sources of nonstorm water at the site;
3) A description of the results of any test and/or evaluation for the presence of nonstorm water
discharges;
4) A description of the evaluation criteria or testing method used; and
5) A list of the outfalls or on -site drainage points that were directly observed during the test.
b. A new certification does not need to be signed if one was completed for the 1999 Industrial
Storm Water General Permit and the permittee has no reason to believe conditions at the facility
have changed.
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Part III
Page 6 of 8
c. If the permittee is unable to provide the certification required (testing for nonstorm water
discharges), the director must be notified 180 days after submitting a registration statement to
be covered by this permit. If the failure to certify is caused by the inability to perform adequate
tests or evaluations, such notification must describe:
1) The reason(s) why certification was not possible;
2) The procedure of any test attempted;
3) The results of such test or other relevant observations; and
4) Potential sources of nonstorm water discharges to the storm sewer.
d. A copy of the notification must be included in the SWPPP at the facility. Nonstorm water
discharges to state waters that are not authorized by a VPDES permit are unlawful, and must be
terminated.
2. Allowable nonstorm water discharges.
a. The sources of nonstorm water listed in Part I B 1 (allowable nonstorm water discharges) are
allowable discharges under this permit provided the permittee includes the following
information in the SWPPP:
1) Identification of each allowable nonstorm water source, except for flows from fire fighting
activities;
2) The location where the nonstorm water is likely to be discharged; and
3) Descriptions of any BMPs that are being used for each source.
b. If mist blown from cooling towers is included as one of the allowable nonstorm water
discharges from the facility, the permittee must specifically evaluate the potential for the
discharges to be contaminated by chemicals used in the cooling tower and must select and
implement BMPs to control such discharges so that the levels of cooling tower chemicals in the
discharges would not cause or contribute to a violation of an applicable water quality standard.
E. Comprehensive site compliance evaluation. The permittee shall conduct facility inspections (site
compliance evaluations) at least once a year. The inspections must be done by qualified personnel
who may be either facility employees or outside constituents hired by the facility. The inspectors
must be familiar with the industrial activity, the BMPs and the SWPPP, and must possess the skills to
assess conditions at the facility that could impact storm water quality, and to assess the effectiveness
of the BMPs that have been chosen to control the quality of the storm water discharges. If more
frequent inspections are conducted, the SWPPP must specify the frequency of inspections.
1. Scope of the compliance evaluation. Inspections must include all areas where industrial materials
or activities are exposed to storm water, as identified in Part III B 3, and areas where spills and
leaks have occurred within the past three years. Inspectors should look for:
a. Industrial materials, residue or trash on the ground that could contaminate or be washed away
in storm water;
b. Leaks or spills from industrial equipment, drums, barrels, tanks or similar containers;
c. Off -site tracking of industrial materials or sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed
areas; and
e. Evidence of, or the potential for, pollutants entering the drainage system.
Results of both visual and any analytical monitoring done during the year must be taken into
consideration during the evaluation. Storm water BMPs identified in the SWPPP must be
observed to ensure that they are operating correctly. Where discharge locations or points are
accessible, they must be inspected to see whether BMPs are effective in preventing significant
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Part III
Page 7 of 8
impacts to receiving waters. Where discharge locations are inaccessible, nearby downstream
locations must be inspected if possible.
2. Based on the results of the inspection, the SWPPP shall be modified as necessary (e.g., show
additional controls on the map required by Part III B 2 c; revise the description of controls
required by Part III B 6 to include additional or modified BMPs designed to correct problems
identified). Revisions to the SWPPP shall be completed within two weeks following the
inspection, unless permission for a later date is granted in writing by the director. If existing
BMPs need to be modified or if additional BMPs are necessary, implementation must be
completed before the next anticipated storm event, if practicable, but not more than 12 weeks after
completion of the comprehensive site evaluation, unless permission for a later date is granted in
writing by the director;
3. Compliance evaluation report. A report summarizing the scope of the inspection, name(s) of
personnel making the inspection, the date(s) of the inspection, and major observations relating to
the implementation of the SWPPP, and actions taken in accordance with Part III E 2 shall be made
and retained as part of the SWPPP for at least three years from the date of the inspection. Major
observations should include: the location(s) of discharges of pollutants from the site; location(s)
of BMPs that need to be maintained; location(s) of BMPs that failed to operate as designed or
proved inadequate for a particular location; and location(s) where additional BMPs are needed that
did not exist at the time of inspection. The report shall identify any incidents of noncompliance.
Where a report does not identify any incidents of noncompliance, the report shall contain a
certification that the facility is in compliance with the SWPPP and this permit. The report shall be
signed in accordance with Part II K; and
4. Where compliance evaluation schedules overlap with routine inspections required under Part III B
6 b(1)(e), the annual compliance evaluation may be used as one of the routine inspections.
F. Signature and plan review.
1. Signature /location. The plan shall be signed in accordance with Part II K, and retained on -site at
the facility covered by this permit in accordance with Part II B 2. For inactive facilities, the plan
may be kept at the nearest office of the permittee.
2. Availability. The permittee shall make the SWPPP, annual site compliance inspection report, and
other information available to the department upon request.
3. Required modifications. The director may notify the permittee at any time that the plan does not
meet one or more of the minimum requirements of this permit. The notification shall identify
those provisions of the permit that are not being met, as well as the required modifications. The
permittee shall make the required changes to the SWPPP within 60 days of receipt of such
notification, unless permission for a later date is granted in writing by the director, and shall
submit a written certification to the director that the requested changes have been made.
G. Maintaining an updated SWPPP. The permittee shall amend the SWPPP whenever:
1. There is a change in design, construction, operation, or maintenance at the facility that has a
significant effect on the discharge, or the potential for the discharge, of pollutants from the
facility;
2. During inspections, monitoring, or investigations by facility personnel or by local, state, or federal
officials it is determined that the SWPPP is ineffective in eliminating or significantly minimizing
pollutants from sources identified under Part III B 3, or is otherwise not achieving the general
objectives of controlling pollutants in discharges from the facility.
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Part III
Page 8 of 8
H. Special pollution prevention plan requirements.
1. Additional requirements for storm water discharges associated with industrial activity that
discharge into or through municipal separate storm sewer systems.
a. In addition to the applicable requirements of this permit, facilities covered by this permit must
comply with applicable requirements in municipal storm water management programs
developed under VPDES permits issued for the discharge of the municipal separate storm sewer
system that receives the facility's discharge, provided the permittee has been notified of such
conditions.
b. Permittees that discharge storm water associated with industrial activity through a municipal
separate storm sewer system , or a municipal system designated by the director shall make
plans available to the municipal operator of the system upon request.
2. Additional requirements for storm water discharges associated with industrial activity from
facilities subject to EPCRA § 313 reporting requirements.
Any potential pollutant sources for which the facility has reporting requirements under EPCRA 313
must be identified in the SWPPP in Part III B 3 (Summary of Potential Pollutant Sources). Note:
this additional requirement is only applicable if the facility is subject to reporting requirements under
EPCRA 313.
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Part IV
Page 1 of 2
SECTOR SPECIFIC PERMIT REQUIREMENTS
The permittee must only comply with the additional requirements of Part 1V that apply to the sector(s) of
industrial activity located at the facility. These sector specific requirements are in addition to the "basic"
requirements specified in Parts I, II and III of this permit.
Sector D - Asphalt paving and roofing materials and lubricant manufacturers.
A. Discharges covered under this section. The requirements listed under this section apply to storm
water discharges associated with industrial activity from facilities engaged in the following activities:
manufacturing asphalt paving and roofing materials, including those facilities commonly identified
by SIC Codes 2951 and 2952; portable asphalt plants (also commonly identified by SIC Code 2951);
and manufacturing miscellaneous products of petroleum and coal, including those facilities classified
as SIC Code 2992 and 2999.
B. Limitations on coverage. The following storm water discharges associated with industrial activity
are not authorized by this section of the permit:
1. Storm water discharges from petroleum refining facilities, including those that manufacture asphalt
or asphalt products that are classified as SIC Code 2911;
2. Storm water discharges from oil recycling facilities; and
3. Storm water discharges associated with fats and oils rendering.
C. Storm water pollution prevention plan requirements. In addition to the requirements of Part III, the
plan shall include, at a minimum, the following item: Routine facility inspections. Material storage
and handling areas, liquid storage tanks, hoppers or silos, vehicle and equipment maintenance,
cleaning, and fueling areas, material handling vehicles, equipment and processing areas shall be
inspected at least once per month, as part of the maintenance program.
D. Numeric effluent limitations. In addition to the numeric effluent limitations listed in Part I A c and d,
discharges from areas where production of asphalt paving and roofing emulsions occurs may not
exceed the limitations in Table 120 -1.
Table 120 -1
Sector D - Numeric Effluent Limitations
Parameter
Effluent Limitations
I Daily Maximum I 30-day Average
Discharges from areas where production of asphalt paving and roofing emulsions occurs (SIC
2951, 2952
Total Suspended Solids (TSS)23 mg/L 15 mg/L
Oil and Grease 15 mg/L 10 mg/L
pH 6.0 - 9.0 s.u.
E. Benchmark monitoring and reporting requirements. Asphalt paving and roofing materials
manufacturing facilities are required to monitor their storm water discharges for the pollutant of
concern listed in Table 120 -2.
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Part IV
Page 2 of 2
Table 120 -2
Sector D - Benchmark Monitoring Requirements
Pollutants of Concern Monitoring Cut -Off Concentration
Asphalt Paving and Roofing Materials SIC 2951, 2952
Total Suspended Solids (TSS) 100 mg/L