Loading...
HomeMy WebLinkAboutWPO201500035 Plan - Stormwater 2015-06-12 R1VANNA WATER & SEWER AUTHORITY North Fork Rivanna River Water Main Repair Albemarle County, Virginia Stormwater Pollution Prevention Plan and Pollution Prevention Plan Submitted to: County of Albemarle June 2015 yiEp1.TH pF f✓r�c . it At- , / DOUGLAS J.MARCH Lic.No.40518 .0 6,12 -ss e, 0 NARRATIVE REPORT INTRODUCTION The Rivanna Water and Sewer Authority (RWSA) is proposing to repair a segment of their North Rivanna water transmission main in northern Albemarle County, VA. An existing 12 inch diameter cast iron water main currently crosses the North Fork Rivanna River just west of Rte. 29. The water main is an existing high pressure line which services residential, commercial, industrial and government properties in the north Albemarle service area. The TMP parcel Nos. for this project will include 32-6A and 32G-C. Geographic coordinates of the project site are shown below Latitude (N) Longitude (W) 38° 09' 10" 78° 25' 20" The project site resides within the jurisdiction of Albemarle County, and all necessary permits will be coordinated with the County. A USCOE permit and VDOT Land-use permit will also be obtained. The river banks have seen recent, accelerated erosion problems and the line is in danger of being exposed. The RWSA proposes to relocate approximately 300 LF of water main to move the line back away from the banks, and to bury it deeper to gain adequate cover over the pipe. This project is simply a pipe relocation, and no impervious area exists, or will be increased, as a result of the work. Disturbed area will be limited to that normally occurring during a small diameter pipe trenching job. Access to the north river bank will be along an existing gravel road, and a temporary gravel access road will be constructed on the south side. The gravel access road will be fully removed at the conclusion of the project, and all disturbed areas restored with seeding and mulch. The disturbed area for these improvements is approximately 0.76 acres. The project will be done by open cut trenching methods, and the excavated soil will be re-used as backfill in the trench. It is anticipated that excess soil will be minimal, but if encountered it will be removed from the site by the contractor, and disposed of in an approved location with all required permits to be acquired by the contractor. Erosion and sediment control measures will be used to limit erosion and contain sediment from the construction and cleared areas prior to the establishment of vegetation. Due to the confined work area space available near the river, the options for erosion and sediment control features were limited. PLAN ADMINISTRATION Copies of this SWPPP shall be kept on-site and be made available to the DEQ, or other regulatory agencies having authority, upon request. This SWPPP will also be available to all operators identified as having responsibilities to carry out provisions contained in this SWPPP. In addition, a copy of this document will be available at the Rivanna Water & Sewer Authority (RWSA) office. A copy of the permit coverage letter with the registration number for the construction activity, and the location where the SWPPP plan may be found and the name and telephone number of the contact person for scheduling viewing times will be posted , conspicuously near the active portion of the construction site or a the main entrance as applicable. Access to these documents will be provided no less than once per month. FURTHER INFORMATION Further information and plan requirements for the SWPPP can be found in the Erosion and Sedimentation Control Plan, and will be attached upon its approval (Appendix V). POLLUTION PREVENTION PLAN PURPOSE This Pollution Prevention Plan (PPP) has been developed as a requirement of the current Virginia Stormwater Management Program (VSMP) Permit VAR10 for Discharges of Stormwater from Construction Activities associated with the Scottsville WTP GAC Upgrades Project. Implementation of the components of this PPP is required as a condition of the General Permit for Discharges of Stormwater from Construction Activities, Permit VAR10 which became effective July 1, 2014. The Department of Environmental Quality (DEQ) has been granted authority to administer the VSMP and is therefore the regulatory authority overseeing the implementation of this PPP. The PPP is also subject to all requirements of the Albemarle County Code Water Protection Ordinance (17-400). POTENTIAL POLLUTANT SOURCES Potential pollutant sources for this project include but may not be limited to the following: • Construction debris; • Water treatment facilities; • Litter; • Dust; • Oils/lubricants for equipment. CONTROL MEASURES FOR POTENTIAL POLLUTANT SOURCES Waste Disposal Any and all waste materials will be collected and stored in a securely lidded metal dumpster rented from a licensed solid waste management company. The dumpster shall meet all local and any State of Virginia solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpster. The dumpster shall be emptied a minimum of once per week or more often if necessary. The trash will be hauled to a permitted solid waste disposal facility. No construction waste materials shall be buried onsite. All personnel will be instructed regarding the correct procedures for waste disposal. Notices stating these practices shall be posted in the office trailer and the superintendent on site shall be responsible for seeing that the procedures are followed. Any and all hazardous waste materials will be disposed of in the manner specified by the County of Albemarle and the State of Virginia Hazardous Waste regulations or by the manufacturer. Site personnel will be instructed in these practices and the superintendent on site shall be responsible for seeing that the procedures are followed. The Contractor shall control the management and disposal of liter from the site such that no adverse impacts to water quality occur. Dust Control and Off-Site Sediment If dust becomes a problem on the site, dust control measures must be implemented. A water truck shall be used to wet slopes and roadways as often as needed to control dust. Local ordinances shall be followed to ensure compliance with current water conservation measures. If excessive sediment is being tracked offsite along the roadway, construction entrances must be improved at locations where vehicles leave the site. Refer to the contractor drawings for all proposed location of temporary construction entrances. Non-Storm Water Discharges Non-storm water discharges are prohibited from the site during the construction period. Any potential sources of non-storm water discharges must be identified by the Contractor and measures must be taken to ensure that these discharges do not leave the site. Existing, permitted, non-storm water discharges on the site are not impacted by the requirements of this Plan. Oils/Lubricants for Equipment Maintenance Any routine lubrication of construction equipment that will be performed on-site will be done only as needed and performed only by competent, authorized personnel. Equipment shall not be parked over or in the immediate vicinity of active storm drainage structures or drainage ways while performing this function. Any equipment with known petroleum product leakage shall be corrected prior to being mobilized to this site. Existing equipment already in use on this project shall be inspected daily and monitored by the project supervisor for leakage. Upon detection the supervisor shall immediately notify the Equipment Superintendent and a qualified mechanic shall be dispatched to correct the problem. In the event that a mechanic is not readily available, the equipment in question shall be removed from the site until repairs can be made or containment of all petroleum leakage ensured. Potential Contaminants It is not anticipated that storage of potential contaminants will take place on this project. Portable Sanitary Facilities During construction activities, portable sanitary facilities shall be located in such a manner as to protect the facilities from construction activities and to prevent the discharge from these facilities to the ground or to surface or ground waters. Location of facilities shall be approved by the Owner prior to placement. SPILL PREVENTION Good Housekeeping The following good housekeeping practices will be followed onsite during the grading operations: • An effort will be made to store only materials necessary to do the job, • All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other structure, • Products will be kept in their original containers with the original manufacturer's label, • Substances will not be mixed with one another unless recommended by the manufacturer, • Whenever possible, all of a product will be used up before disposing of the container, • Manufacturer's recommendations for proper use and disposal will be followed, • The site superintendent will inspect daily to insure proper use and disposal of materials onsite, Hazardous Products These practices are used to reduce the risks associated with hazardous materials: • Products will be kept in original containers unless they are not re-sealable, • Original labels and material safety data will be retained; they contain important product information, • If surplus product must be disposed of, manufacturers or local and State recommended methods for proper disposal will be followed. Petroleum Products and Other Fluids Equipment utilized during construction activity on the site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, hydraulic fluids and any other petroleum products shall not be discharged onto the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state. All onsite vehicles will be monitored for leaks and receive regular preventative maintenance to reduce the chance of leakage. Petroleum products and other fluids will be stored in tightly sealed containers, which are clearly labeled. Herbicides, Pesticides and Fertilizers Herbicides, pesticides and fertilizer usage during the construction activity shall be consistent with the Federal Insecticide, Fungicide and Rodenticide Act and shall be in accordance with label restrictions. Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit the exposure to storm water. Storage will be in a covered shed, if possible. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic bin to avoid spills. Spill Control Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this Plan, the following practices will be followed for spill prevention and cleanup: • Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies, • Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials may include but not be limited to brooms, dustpans, mops, rags, gloves, goggles, kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose, • All spills will be cleaned up immediately after discovery, • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance, • Spills of toxic or hazardous material will be reported to the appropriate State or Local government agency, regardless of size, • The site superintendent responsible for the day-to-day site operations will be the spill prevention and cleanup coordinator. He will designate other site personnel who will receive spill prevention and cleanup training. These individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. 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: o04 `'� h G • J Company: Ri✓NNlig 114ithe *mil .Le&, � , Title: C;,„, t Jia e e� Signature: Q /� Date: U ‘-/Z-/,( 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 North Fork Rivanna River Water Main Repair 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: o�f "��h r Company: Vti aq '✓4 �iir SN di Title: 6;vi Signature: g -11/L Date: 6 -/L -/5' REFERENCES Electronic Code of Federal Regulations. Title 40. Chapter 1. Part 122. EPA Administered Permit Programs: The National Pollutant Discharge Elimination System (NPDES). (http://www.gpoaccess.gov/cfr/index.html) (Accessed August, 2014). Virginia Department of Environmental Quality (DEQ). Virginia Stormwater Management Program Regulations. (http://www.deq.virginia.gov/Programs/Water/StormwaterManagement/VSMPPermits.aspx). (Accessed August, 2014). Virginia Department of Conservation and Recreation. (DCR) Division of Soil and Water Conservation. Virginia Erosion and Sediment Control Handbook(1992). Appendices Appendix I — Registration Statement Appendix II — Notice of General Permit Coverage Appendix III —General Permit Appendix IV— Contract Drawings (under separate cover) Appendix V— Erosion and Sedimentation Control Package (under separate cover) Appendix I Registration Statement Registration Statement General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (Please Type or Print All Information) 1. Construction Activity Operator: (General permit coverage will be issued to this operator. The Certification in Item #12 must be signed by the appropriate person associated with this operator.) Name:Rivanna Water and Sewer Authority Contact:Doug March Mailing Address:695 Moores Creek Lane City:Charlottesville State:VA Zip:22902Phone:(434)977-2970 Email address(if available):dmarch@rivanna.org Indicate if DEQ may transmit general permit correspondence electronically: Yes❑■ No❑ 2. Existing General Permit Registration Number(for renewals only):N/A 3. Name and Location of the Construction Activity: Name: North Fork Rivanna River Water Main Repair Address(if available): City: State: Zip: County(if not located within a City):Albemarle County,Virginia Latitude(decimal degrees):38.152778 N Longitude(decimal degrees):78.422222 W Name and Location of all Off-site Support Activities to be covered under the general permit: Name:N/A Address(if available): City: State: Zip: County(if not located within a City): Latitude(decimal degrees): Longitude(decimal degrees): 4. Status of the Construction Activity(check only one): Federal ❑ State❑ Public❑■ Private ❑ 5. Nature of the Construction Activity(e.g.,commercial, industrial, residential,agricultural,oil and gas,etc.): Drinking Water Transmission Main repair 6. Name of the Receiving Water(s)and Hydrologic Unit Code(HUC): Name: Middle James-Buffalo Name: H U C:02080203 HUC: 7. If the discharge is through a Municipal Separate Storm Sewer System(MS4),the name of the MS4 operator: N/A 8. Estimated Project Start and Completion Date: Start Date(mm/dd/yyyy):09/2015 Completion Date(mm/dd/yyyy): 12/2015 9. Total Land Area of Development(to the nearest one-hundredth acre):N/A Estimated Area to be Disturbed(to the nearest one-hundredth acre):0.76 10. Is the area to be disturbed part of a larger common plan of development or sale? Yes❑ No ❑■ 11. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General VPDES Permit for Discharges of Stormwater from Construction Activities prior to submitting this Registration Statement. By signing this Registration Statement the operator is certifying that the SWPPP has been prepared. 12. Certification: "I certify under penalty of law that I have read and understand this Registration Statement and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations." Printed Name: 0�� Mtir clhri F Title: J eh. G,vi / G'L.y • Signature: O di-L_ Date: 6 --/z (Please sign in INK. This Certification mustbe signed by the appropriate person associated with the operator identified in Item#1.) 07/2014 Page 1 of 1 Appendix II Notice of General Permit Coverage (To be included upon receipt) H&S Project No.32135-011 Scottsville Water Treatment Plant Appendix III VSMP General Permit Instructions for Completing the Registration Statement General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) GENERAL The entities that are considered operators will commonly consist of the owner or developer of a project(the party with control of project plans A.Coverage Under this General Permit and specifications)or the general contractor(the party with day to day operational control of the activities at the project site which are Any operator applying for coverage under this general permit who is necessary to ensure compliance with the general permit). required to submit a Registration Statement (see Section B below) must submit a complete Registration Statement to the Department. Provide the legal name(do not use a colloquial name),contact,mailing The Registration Statement serves as a Notice of Intent for coverage address, telephone number, and email address (if available) of the under the General VPDES Permit for Discharges of Stormwater from construction activity operator;general permit coverage will be issued to Construction Activities(VAR10). this operator. Indicate if the Department may transmit general permit correspondence electronically. B.Single-family Detached Residential Structures. Item 2: Existing General Permit Registration Number. Operators with an existing stormwater discharge or proposing a new stormwater discharge associated with the construction of a single- For reapplications only,provide the existing general permit registration family detached residential structure are not required to submit a number for the construction activity. This item does not need to be Registration Statement or the Department of Environmental Quality completed for new construction activities applying for general permit (DEQ)portion of the general permit fee. coverage. Operators of these types of discharges are authorized to discharge Item 3: Name and Location of the Construction Activity under this general permit immediately upon the general permit's Information. effective date of July 1,2014. Provide the official name,street address(if available),city or county(if C.To Apply for Permit Coverage. not located within a City)of the construction activity. Also,provide the latitude and longitude in decimal degrees of the approximate center of 1. New Construction Activities. Any operator proposing a new the construction activity(e.g.,N 37.5000,W 77.5000). stormwater discharge from construction activities shall submit a complete Registration Statement to the Department prior to the Name and Location of Off-site Support Activity information. commencement of land disturbance, unless exempted by Section B above. Any operator proposing a new stormwater discharge from This general permit also authorizes stormwater discharges from construction activities in response to a public emergency where the support activities (e.g., concrete or asphalt batch plants, equipment related work requires immediate authorization to avoid imminent staging yards, material storage areas, excavated material disposal endangerment to human health or the environment is immediately areas, borrow areas) located on-site or off-site provided that (i) the authorized to discharge under this general permit and must submit a support activity is directly related to a construction activity that is complete Registration Statement to the Department no later than 30 required to have general permit coverage;(ii)the support activity is not days after commencing land disturbance; documentation to a commercial operation, nor does it serve multiple unrelated substantiate the occurrence of the public emergency must construction activities by different operators; (iii) the support activity accompany the Registration Statement. does not operate beyond the completion of the construction activity it supports; (iv) the support activity is identified in the registration 2. Existing Construction Activities. Any operator that was statement at the time of general permit coverage; (v) appropriate authorized to discharge under the general permit issued in 2009, control measures are identified in a SWPPP and implemented to and who intends to continue coverage under this general permit, address the discharges from the support activity areas; and (vi) all shall submit a complete Registration Statement to the Department applicable state, federal, and local approvals are obtained for the on or before June 1,2014,unless exempted by Section B above. support activity. D.Where to Submit Registration Statements. Provide the official name,street address(if available),City and County (if not located within a City) of all off-site support activities to be All Registration Statements should be submitted to: covered under this general permit. Also, provide the latitude and longitude in decimal degrees of the approximate center of the off-site Department of Environmental Quality support activities (e.g., N 37.5000, W 77.5000). Also, if an off-site Office of Stormwater Management,10th Floor support activity is going to be covered under this general permit the P.O.Box 1105 total land area of the off-site support activity and the estimated area to Richmond,VA 23218 be disturbed by the off-site support activity need to be included in Item #9. LINE-BY-LINE INSTRUCTIONS Item 4:Status of the Construction Activity. Item 1:Construction Activity Operator information. Indicate the appropriate status (Federal, State, Public, or Private) of "Operator" means the owner or operator of any facility or activity the construction activity. subject to the Stormwater Management Act and regulations. In the context of stormwater associated with a large or small construction Item 5: Nature of the Construction Activity. activity, operator means any person associated with a construction project that meets either of the following two criteria:(i)the person has Provide a brief description of the construction activity, such as direct operational control over construction plans and specifications, commercial, residential,agricultural,oil and gas,etc.This list is not all including the ability to make modifications to those plans and inclusive. specifications or(ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance Item 6:Receiving Waters(s)and HUC Information. with a stormwater pollution prevention plan for the site or other state permit or VSMP authority permit conditions(i.e.,they are authorized to Provide the name of the receiving water(s)and corresponding HUC for direct workers at a site to carry out activities required by the all stormwater discharges including any stormwater discharges from stormwater pollution prevention plan or comply with other permit off-site support activities to be covered under this general permit. conditions). Hydrologic Unit Code or HUC is a watershed unit established in the most recent version of Virginia's 6'"order national watershed boundary dataset. 07/2014 Page 1 of 2 assigned or delegated to the manager in accordance with Item 7:MS4 information. corporate procedures. If stormwater is discharged through a municipal separate storm sewer b. For a partnership or sole proprietorship: by a general partner or system(MS4),provide the name of the MS4 operator.The name of the the proprietor,respectively. MS4 operator is generally the Town, City, County, Institute or Federal facility where the construction activity is located. c. For a municipality,state,federal,or other public agency: by either a principal executive officer or ranking elected official. For purposes item 8: Construction Activity Start and Completion Date of this part,a principal executive officer of a public agency includes: Information. (i)The chief executive officer of the agency,or Provide the estimated start date (month/day/year) of the construction activity. Provide the estimated completion date (month/day/year) of (ii)A senior executive officer having responsibility for the overall the construction activity. operations of a principal geographic unit of the agency. Item 9:Construction Activity Area Information. Provide the total area (to the nearest one-hundredth acre) of the development (i.e.., the total acreage of the larger common plan of development or sale). Include the total acreage of any off-site support activity to be covered under this general permit. Provide the estimated area(to the nearest one-hundredth acre)to be disturbed by the construction activity. Include the estimated area of land disturbance that will occur at any off-site support activity to be covered under this general permit. Item 10:Common Plan of Development or Sale Information. Indicate if the area to be disturbed by the construction activity is part of a larger common plan of development or sale. Larger common plan of development or sale is defined as a contiguous area where separate and distinct construction may be taking place at different times on different schedules. Plan is broadly defined as any announcement or documentation, including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, etc., or physical demarcation such as boundary signs, lot stakes, or surveyor markings indicating that construction activities may occur. Item 11:Stormwater Pollution Prevention Plan(SWPPP). A Stormwater Pollution Prevention Plan(SWPPP)must be prepared in accordance with the requirements of the General VPDES Permit for Discharges of Stormwater from Construction Activities(VAR10)prior to submitting this Registration Statement. By signing this Registration Statement the operator is certifying that the SWPPP has been prepared. Item 12:Certification. A properly authorized individual associated with the operator identified in Item 1 of the Registration Statement is responsible for certifying and signing the Registration Statement. Please sign the Registration Statement in INK. State statutes provide for severe penalties for submitting false information on the Registration Statement. State regulations require that the Registration Statement be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this part,a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function,or any other person who performs similar policy-making or decision-making functions for the corporation,or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been 07/2014 Page 2 of 2 COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY General Permit No.: VAR10 Effective Date: July 1, 2014 Expiration Date: June 30, 2019 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 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 herein. General Permit No.: VAR10 Page 1 of 21 PART I DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS A. Coverage under this general permit. 1. During the period beginning with the date of coverage under this general permit and lasting until the general permit's expiration date, the operator is authorized to discharge stormwater from construction activities. 2. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that: a. The support activity is directly related to the construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; b. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators; c. The support activity does not operate beyond the completion of the last construction activity it supports; d. The support activity is identified in the registration statement at the time of general permit coverage; e. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and f. All applicable state, federal, and local approvals are obtained for the support activity. B. Limitations on coverage. 1. Post-construction discharges. This general permit does not authorize stormwater discharges that originate from the site after construction activities have been completed and the site, including any support activity sites covered under the general permit registration, has undergone final stabilization. Post-construction industrial stormwater discharges may need to be covered by a separate VPDES permit. 2. Discharges mixed with nonstormwater. This general permit does not authorize discharges that are mixed with sources of nonstormwater, other than those discharges that are identified in Part I E (Authorized nonstormwater discharges)and are in compliance with this general permit. 3. Discharges covered by another state permit. This general permit does not authorize discharges of stormwater from construction activities that have been covered under an individual permit or required to obtain coverage under an alternative general permit. 4. Impaired waters and TMDL limitation. Discharges of stormwater from construction activities to surface waters identified as impaired in the 2012 § 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 SWPPP that minimizes the pollutants of concern and, when applicable, is consistent with the assumptions and requirements of the approved TMDL wasteload allocations. In addition, the operator shall implement the following items: General Permit No.: VAR10 Page 2 of 21 a. The impaired water(s), approved TMDL(s), and pollutant(s) of concern, when applicable, shall be identified in the SWPPP; b. 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; c. 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 d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (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. 5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously covered under the general permit issued in 2009 to exceptional waters identified in 9VAC25-260-30 A 3 c are not eligible for coverage under this general permit unless the operator implements the following: a. The exceptional water(s)shall be identified in the SWPPP; b. 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; c. 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 d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (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 exceptional waters. 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. General Permit No.: VAR10 Page 3 of 21 D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C, and I E, all discharges covered by this general permit shall be composed entirely of stormwater associated with construction activities.All other discharges including the following are prohibited: 1. Wastewater from washout of concrete; 2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; 4. Oils, toxic substances, or hazardous substances from spills or other releases; and 5. Soaps, solvents, or detergents used in equipment and vehicle washing. E. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit when discharged in compliance with this general permit: 1. Discharges from firefighting activities; 2. Fire hydrant flushings; 3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge; 5. Potable water sources, including uncontaminated waterline flushings; 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 to the VSMP authority after one or more of the following conditions have been met: General Permit No.: VAR10 Page 4 of 21 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 is responsible. When applicable, long term responsibility and maintenance requirements shall be recorded in the local land records prior to the submission of a notice of termination; 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 residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. 2. The notice of termination should be submitted no later than 30 days after one of the above conditions in subdivision 1 of this subsection is met. 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. Termination of authorizations 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 the notice of termination, whichever occurs first. 3. The notice of termination shall be signed in accordance with Part III K of this general permit. G. Water quality protection. 1. The operator must select, install, implement and maintain control measures as identified in the SWPPP at the construction site that minimize pollutants in the discharge as necessary to ensure that the operator's discharge does not cause or contribute to an excursion above any applicable water quality standard. 2. If it is determined by the department that the operator's discharges are causing, have reasonable potential to cause, or are contributing to an excursion above any applicable water quality standard, the department, in consultation with the VSMP authority, may take appropriate enforcement action and require the operator to: a. Modify or implement additional control measures in accordance with Part II B to adequately address the identified water quality concerns; b. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or c. Submit an individual permit application in accordance with 9VAC25-870-410 B 3. All written responses required under this chapter must include a signed certification consistent with Part III K. General Permit No.: VAR10 Page 5 of 21 PART II STORMWATER POLLUTION PREVENTION 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 A. 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 must develop the missing elements and include them in the SWPPP. Any operator that was authorized to discharge under the general permit issued in 2009, 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. A. Stormwater pollution prevention plan contents. The SWPPP shall include the following items: 1. General information. a. A signed copy of the registration statement, if required, for coverage under the general VPDES permit for discharges of stormwater from construction activities; b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of stormwater from construction activities(i.e., notice of coverage letter); c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from construction activities; d. A narrative description of the nature of the construction activity, including the function of the project(e.g., low density residential, shopping mall, highway, etc.); e. A legible site plan identifying: (1) Directions of stormwater flow and approximate slopes anticipated after major grading activities; (2) Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed; (3) Locations of major structural and nonstructural control measures, including sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or similarly treat sediment, that will be installed between disturbed areas and the undisturbed vegetated areas in order to increase sediment removal and maximize stormwater infiltration; (4) Locations of surface waters; General Permit No.: VAR10 Page 6 of 21 (5) Locations where concentrated stormwater is discharged; (6) Locations of support activities, when applicable and when required by the VSMP authority, including but not limited to (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 purposes. 2. Erosion and sediment control plan. a. An erosion and sediment control plan approved by the VESCP authority as authorized under the 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. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain erosion and sediment control plan approval from a VESCP authority or does not adopt department-approved annual standards and specifications shall submit the erosion and sediment control plan to the department for review and approval. b. All erosion and sediment control plans shall include a statement describing the maintenance responsibilities required for the erosion and sediment controls used. c. A properly implemented 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, that adequately: (1) Controls the volume and velocity of stormwater runoff within the site to minimize soil erosion; (2) Controls stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; (3) Minimizes the amount of soil exposed during the construction activity; (4) Minimizes the disturbance of steep slopes; (5) Minimizes 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) Provides and maintains natural buffers around surface waters, directs stormwater to vegetated areas to increase sediment removal, and maximizes stormwater infiltration, unless infeasible; (7) Minimizes soil compaction and, unless infeasible, preserves topsoil; (8) Ensures that stabilization of disturbed areas will be initiated 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 111111111111.111.1.111 General Permit No.: VAR10 Page 7 of 21 (9) Utilizes 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. New construction activities. 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. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain stormwater management plan approval from a VSMP authority or does not adopt department-approved annual standards and specifications shall submit the stormwater management plan to the department for review and approval. b. Existing construction activities. Any operator that was authorized to discharge under the general permit issued in 2009, and that intends to continue coverage under this general permit, shall ensure compliance with the requirements of 9VAC25-870-93 through 9VAC25-870-99 of the VSMP Regulation, including but not limited to the water quality and quantity requirements. The SWPPP shall include a description of, and all necessary calculations supporting, all post- construction stormwater management measures that will be installed prior to the completion of the construction process to control pollutants in stormwater discharges after construction operations have been completed. Structural measures should be placed on upland soils to the degree possible. Such measures must be designed and installed in accordance with applicable VESCP authority, VSMP authority, state, and federal requirements, and any necessary permits must be obtained. 4. Pollution prevention plan. A pollution prevention plan that addresses potential pollutant-generating activities that may reasonably be expected to affect the quality of stormwater discharges from the construction activity, including any support activity. The pollution prevention plan shall: a. Identify the potential pollutant-generating activities and the pollutant that is expected to be exposed to stormwater; b. Describe the location where the potential pollutant-generating activities will occur, or if identified on the site plan, reference the site plan; c. Identify all nonstormwater discharges, as authorized in Part I E of this general permit, that are or will be commingled with stormwater discharges from the construction activity, including any applicable support activity; d. Identify the person responsible for implementing the pollution prevention practice or practices for each pollutant-generating activity(if other than the person listed as the qualified personnel); e. Describe the pollution prevention practices and procedures that will be implemented to: (1) Prevent and respond to leaks, spills, and other releases including (i) procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other releases; and (ii) procedures for reporting leaks, spills, and other releases in accordance with Part III G; (2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling and maintenance activities (e.g., providing secondary containment such as spill berms, decks, spill containment pallets, providing cover where appropriate, and having spill kits readily available); General Permit No.: VAR10 Page 8 of 21 (3) Prevent the discharge of soaps, solvents, detergents, and wash water from construction materials, including the clean-up of stucco, paint, form release oils, and curing compounds (e.g., providing (i) cover (e.g., plastic sheeting or temporary roofs) to prevent contact with stormwater; (ii) collection and proper disposal in a manner to prevent contact with stormwater; and (iii) a similarly effective means designed to prevent discharge of these pollutants); (4) Minimize the discharge of pollutants from vehicle and equipment washing, wheel wash water, and other types of washing (e.g., locating activities away from surface waters and stormwater inlets or conveyance and directing wash waters to sediment basins or traps, using filtration devices such as filter bags or sand filters, or using similarly effective controls); (5) Direct concrete wash water into a leak-proof container or leak-proof settling basin. The container or basin shall be designed so that no overflows can occur due to inadequate sizing or precipitation. Hardened concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wastes. Liquid concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wash waters and shall not be discharged to surface waters; (6) Minimize the discharge of pollutants from storage, handling, and disposal of construction products, materials, and wastes including (i) building products such as asphalt sealants, copper flashing, roofing materials, adhesives, and concrete admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape materials; and (iii) construction and domestic wastes such as packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, Styrofoam, concrete, and other trash or building materials; (7) Prevent the discharge of fuels, oils, and other petroleum products, hazardous or toxic wastes, and sanitary wastes; and (8) Address any other discharge from the potential pollutant-generating activities not addressed above; and f. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water, disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of this general permit. The operator shall implement the procedures described in the SWPPP. 5. SWPPP requirements for discharges to impaired waters, surface waters with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit, and exceptional waters. The SWPPP shall: a. Identify the impaired water(s), approved TMDL(s), pollutant(s) of concern, and exceptional waters identified in 9VAC25-260-30 A 3 c, when applicable; b. Provide clear direction 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 I B 4 or Part I B 5. General Permit No.: VAR10 Page 9 of 21 6. Qualified personnel. The name, phone number, and qualifications of the qualified personnel conducting inspections required by this general permit. 7. Delegation of authority. The individuals or positions with delegated authority, in accordance with Part III K, to sign inspection reports or modify the SWPPP. 8. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K. B. SWPPP amendments, modification, and updates. 1. The operator shall amend the SWPPP whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not been previously addressed in the SWPPP. 2. The SWPPP must 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 must be accomplished as described in Part II G. 3. The SWPPP must clearly identify the contractor(s) 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 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 where modified as soon as possible; 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 F. General Permit No.: VAR10 Page 10 of 21 5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part III K. C. 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. D. SWPPP availability. 1. Operators with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a central location on-site for use by those identified as having responsibilities under the SWPPP whenever they are on the construction site. 2. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal separate storm sewer system receiving discharges from the construction activity. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the SWPPP's location must be posted near the main entrance of the construction site. 3. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public access to the SWPPP shall be posted and maintained in accordance with Part ll C. 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. E. SWPPP implementation. The operator shall implement the SWPPP and subsequent amendments, modifications, and updates from commencement of land disturbance until termination of general permit coverage as specified in Part I F. 1. All control measures must 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 F identifies a control measure that is not operating effectively, corrective action(s) shall be completed as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the control measures. 2. If site inspections required by Part II F identify an existing control measure that needs to be modified or if an additional 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 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. F. 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 insuring that the qualified personnel conduct the inspection. 2. Inspection schedule. a. Inspections shall be conducted at a frequency of: General Permit No.: VAR10 Page 11 of 21 (1) At least once every five business days; or (2) At least once every 10 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 no later than the next business day. b. 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 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. c. 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 report required by Part II F. 3. Inspection requirements. a. As part of the inspection, the qualified personnel shall: (1) Record the date and time of the inspection and when applicable the date and rainfall amount of the last measurable storm event; (2) Record the information and a description of any discharges occurring at the time of the inspection; (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; • General Permit No.: VAR10 Page 12 of 21 (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 channel, flume, 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 roads for minimizing sediment tracking; (5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; (6) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for completion of stabilization activities within seven days of reaching grade or stopping work; (7) 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 but is not limited to: (a) Concentrated flows of stormwater in conveyances such as rills, rivulets or channels that have not been filtered, settled, or similarly treated prior to discharge, or evidence thereof; (b) Sediment laden or turbid flows of stormwater that have not been filtered or settled to remove sediments prior to discharge; (c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to surface waters. Inlets and catch basins with failing sediments controls due to improper installation, lack of maintenance, or inadequate design are considered unprotected; (d) Sediment deposition on any property (including public and private streets) outside of the construction activity covered by this general permit; (e) Required stabilization has not been initiated or completed on portions of the site; (f) Sediment basins without adequate wet or dry storage volume or sediment basins that allow the discharge of stormwater from below the surface of the wet storage portion of the basin; (g) Sediment traps without adequate wet or dry storage or sediment traps that allow the discharge of stormwater from below the surface of the wet storage portion of the trap; and (h) Land disturbance outside of the approved area to be disturbed; (8) Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation, maintenance and effectiveness of the procedures and practices; (9) Identify any pollutant generating activities not identified in the pollution prevention plan; and auk General Permit No.: VAR10 Page 13 of 21 (10) 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 location(s) of prohibited discharges; d. The location(s) of control measures that require maintenance; e. The location(s) of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular location; f. The location(s)where any evidence identified under Part II F 3 a(7)exists; g. The location(s) where any additional control measure is needed that did not exist at the time of inspection; h. A list of corrective actions required (including any changes to the SWPPP that are necessary) as a result of the inspection or to maintain permit compliance; i. Documentation of any corrective actions required from a previous inspection that have not been implemented; and j. The date and signature of the qualified personnel and the operator or its duly authorized representative. The inspection report and any actions taken in accordance with Part II must 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. G. Corrective actions. 1. The operator shall implement the corrective action(s) identified as a result of an inspection as soon as practicable but no later than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained. 2. The operator may be required to remove accumulated sediment deposits located outside of the construction activity covered by this general permit as soon as practicable in order to minimize environmental impacts. The operator shall notify the VSMP authority and the department as well as obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the removal of sediments accumulated in surface waters including wetlands. General Permit No.: VAR10 Page 14 of 21 PART III CONDITIONS APPLICABLE TO ALL VPDES PERMITS NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor stomiwater discharges or control measures, the operator must comply with the requirements of subsections A, B, and C, as appropriate. A. Monitoring. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity. 2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this general permit. Analyses performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory certified under regulations adopted by the Department of General Services(1 VAC30-45 or 1 VAC30-46). 3. The operator shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements. B. Records. 1. Monitoring records and reports shall include: a. The date, exact place, and time of sampling or measurements; b. The 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. The operator shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit, and records of all data used to complete the registration statement for this general permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the operator, or as requested by the board. C. Reporting monitoring results. 1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in accordance with this general permit, unless another reporting schedule is specified elsewhere in this general permit. 2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided, approved or specified by the department; or in any format provided that the date, location, parameter, method, and result of the monitoring activity are included. Ink General Permit No.: VAR10 Page 15 of 21 3. If the operator monitors any pollutant specifically addressed by this general permit more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this general permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this general permit. D. Duty to provide information. The operator shall furnish,within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this general permit or to determine compliance with this general permit. The board, department, EPA, or VSMP authority may require the operator to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of surface waters, or such other information as may be necessary to accomplish the purposes of the CWA and the Virginia Stormwater Management Act. The operator shall also furnish to the board, department, EPA, or VSMP authority, upon request, copies of records required to be kept by this general permit. E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this general permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized stormwater discharges. Pursuant to § 62.1-44.5 of the Code of Virginia, except in compliance with a state permit issued by the department, it shall be unlawful to cause a stormwater discharge from a construction activity. G. Reports of unauthorized discharges. Any operator who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance or a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or§62.1-44.34:19 of the Code of Virginia that occurs during a 24-hour period into or upon surface waters or who discharges or causes or allows a discharge that may reasonably be expected to enter surface waters, shall notify the Department of Environmental Quality of the discharge immediately upon discovery of the discharge, but in no case later than within 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department and the VSMP authority within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing,what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this general permit. General Permit No.: VAR10 Page 16 of 21 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 herein, 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 but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; 3. Failure or taking out of service of some or all of the facilities; and 4. Flooding or other acts of nature. I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect surface waters or may endanger public health. 1. An oral report to the department and the VSMP authority shall be provided within 24 hours from the time the operator becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision: a. Any unanticipated bypass; and b. Any upset that causes a discharge to surface waters. 2. A written report shall be submitted within five days and shall contain: a. A description of the noncompliance and its cause; b. The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The department may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on surface waters has been reported. 3. The operator shall report all instances of noncompliance not reported under Part III 11 or 2 in writing as part of the SWPPP. The reports shall contain the information listed in Part III 12. NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP authority. Reports may be 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. air. General Permit No.: VAR10 Page 17 of 21 4. Where the operator becomes aware of a failure to submit any relevant facts, or submittal of incorrect information in any report, including a registration statement, to the department or the VSMP authority, the operator shall promptly submit such facts or correct information. J. Notice of planned changes. 1. The operator shall give notice to the department and the VSMP authority as soon as possible of any planned physical alterations or additions to the permitted facility or activity. Notice is required only when: a. The operator plans an alteration or addition to any building, structure, facility, or installation that may meet one of the criteria for determining whether a facility is a new source in 9VAC25-870- 420; b. The operator plans an alteration or addition that would significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this general permit; or 2. The operator shall give advance notice to the department and VSMP authority of any planned changes in the permitted facility or activity, which may result in noncompliance with state permit requirements. K. Signatory requirements. 1. Registration statement. All registration statements shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this chapter, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or(ii)the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for state permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this chapter, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. 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 Ill 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 Ill 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 General Permit No.: VAR10 Page 18 of 21 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 must be provided to the department and VSMP authority, if requested. 3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the construction activity, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the VSMP authority as the administering entity for the board prior to or together with any reports or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification: "I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L. Duty to comply. The operator shall comply with all conditions of this general permit. Any state permit noncompliance constitutes a violation of the Virginia Stormwater Management Act and the Clean Water Act, except that noncompliance with certain provisions of this general permit may constitute a violation of the Virginia Stormwater Management Act but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for state permit 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 90 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. General Permit No.: VAR10 Page 19 of 21 Q. Proper operation and maintenance. The operator shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances), which are installed or used by the operator to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by the operator only when the operation is necessary to achieve compliance with the conditions of this general permit. R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering surface waters and in compliance with all applicable state and federal laws and regulations. S. Duty to mitigate. The operator shall take all steps to minimize or prevent any discharge in violation of this general permit that has a reasonable likelihood of adversely affecting human health or the environment. T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this general permit. U. Bypass. 1. "Bypass," as defined in 9VAC25-870-10, means the intentional diversion of waste streams from any portion of a treatment facility. The operator may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to ensure efficient operation.These bypasses are not subject to the provisions of Part III U 2 and 3. 2. Notice. a. Anticipated bypass. If the operator knows in advance of the need for a bypass, the operator shall submit prior notice to the department, if possible at least 10 days before the date of the bypass. b. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as required in Part III I. 3. Prohibition of bypass. a. Except as provided in Part III U 1, bypass is prohibited, and the board or department may take enforcement action against an operator for bypass unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and (3) The operator submitted notices as required under Part III U 2. General Permit No.: VAR10 Page 20 of 21 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 Ill U 3 a. V. Upset. 1. An "upset," as defined in 9VAC25-870-10, means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based state permit effluent limitations because of factors beyond the reasonable control of the operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 2. An upset constitutes an affirmative defense to an action brought for noncompliance with technology- based state permit effluent limitations if the requirements of Part III V 4 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review. 3. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 4. An operator who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: a. An upset occurred and that the operator can identify the cause(s)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 must be kept under the conditions of this general permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; 3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and 4. Sample or monitor at reasonable times, for the purposes of ensuring state permit compliance or as otherwise authorized by the Clean Water Act or the Virginia Stormwater Management Act, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. General Permit No.: VAR10 Page 21 of 21 X. State permit actions. State permits 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 permits. 1. State permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a state permit may be transferred by the operator to a new operator only if the state permit has been modified or revoked and reissued, or a minor modification made, to identify the new operator and incorporate such other requirements as may be necessary under the Virginia Stormwater Management Act and the Clean Water Act. 2. As an alternative to transfers under Part Ill 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. Appendix IV Contract Drawings (under separate cover) Appendix V Erosion and Sedimentation Control Plan Package (under separate cover)