HomeMy WebLinkAboutWPO201700019 Plan - Stormwater 2017-09-15 \ ALr COUNTY OF ALBEMARLE
.��1 N Department of Community Development
®ra ,T 401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
•a - Tel. (434)296-5832 • Fax(434)972-4126
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Stormwater Pollution Prevention Plan (SWPPP)
For Construction Activities At:
Project Name: Scottsville Elementary School
Address: 7868 Scottsville Road
Scottsville, VA 2450
Prepared by:
Timmons Group
608 Preston Avenue, Suite 200
Charlottesville, VA 22903
434.295.8317
Prepared for:
Albemarle County School Board
*1160' 401 Mcintire Rd
Charlottesville, VA 22902
Contact: Mr. Joseph P. Letteri
434.975.9340
APPROVED
by the Albemarle County
Community Deyelopment Department
Date 9ii Stt
File 140Z9l700011
SWPPP Preparation Date: September 6, 2017
(This document is to be made publicly available according to 9VAC25-880-70, Part II, section D)
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
CONTENTS: (from Albemarle County Code Sec. I7-405)
1. Registration statement
2. Notice of general permit coverage
3. Nature of activity
4. Erosion and Sediment Control Plan.
5. Stormwater Management Plan
6. Pollution Prevention Plan.
7. Discharges to impaired waters, surface waters within an applicable TMDL
wasteload allocation, and exceptional waters.
8. Qualified personnel
9. Signed Certification
10. Delegation of authority.
11. General permit copy
12. Inspection logs
‘111.0,
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
sok
.. Section 1. Registration statement
(Provide a signed completed copy of the DEQ registration statement)
Nto.r
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
General Permit for Discharges of Stormwater from Construction Activities (VAR10)
Registration Statement
(Please Type or Print All Information)
1. Construction Activity Operator("The permit will be issued to this operator, and the Certification in Item#13 must be signed by the
appropriate person associated with this operator[see the instructions]):
Name Albemarle County School Board Contact: Joe P. Letteri
Mailing Address 401 McIntire Road
City:Charlottesville State VA Zip 22902 Phone (434) 975-9340
Email address(if available): jletteri@k12albemarle.org
Indicate if DEQ may transmit the permit electronically Yes X No
2. (Must be included for renewals of coverage only)Existing Permit Coverage#: _
3. Location of Construction Activity:
Name. Scottsville Elementary School
Address. 7868 Scottsville Road
City: Scottsville State: VA Zip. 24590
County: Albemarle
DMS to the nearest 15 seconds: Latitude 37.8187 Longitude -78.5106
Location of all Offsite Support Activities to be Covered Under the Permit:
Name.
Address:
City: State Zip
County:
If
If street address unavailable Latitude Longitude
4. Status of Activity: Federal U State Public ❑ Private ❑ (Check one only)
5. The Nature of the Construction Activity(e.g., commercial, industrial, residential,agricultural, oil and gas,etc.):
Public
6. Name of the Receiving Water(s): Totier Creek - James River
Hydrologic Unit Code(HUC): 020802031103
(Receiving waters identified as impaired on the 2008 305(b)/303(d) Water Quality Assessment Integrated Report or for which a
TMDL WLA has been established for stormwater discharges from a construction site shall be noted in an attached list.)
7. If the discharge is through a Municipal Separate Storm Sewer System(MS4),the name of the municipal operator of the
storm sewer: Albemarle County
8. Estimated Project Start Date(mm/dd/yyyy): 05/2018
Estimated Project Completion Date (mmiddiyyyy): 08/2018
9. Total Land Area of Development(to the nearest one-tenth acre): 14.7
Estimated Area to be Disturbed (to the nearest one-tenth acre): 0.58
10. Is the area to be disturbed by the construction activity part of a larger common plan of development or sale?Yes❑ No®
11. Are nutrient offsets intended to be acquired for this activity? Yes❑ No® Under consideration❑
12. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General
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.
13. 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."
Print Name: Mr; Joseph P. Lett (, Director
. Title:
Signature ,Y�_'i r l ` 1�-- thyme ' 2 ' 11
(Please sign ir.INl .The person signing this form must be associated with the operator identified in Item#1 above.)
Mail to: Deoartmdt of Environmental Quality. Office of Stormwater Management 1r Floor P.O. Box 1105 Richmond VA 23218
(DEQ 199-146)(08/13)
INSTRUCTIONS for FORM DEQ 199-146
General Permit Registration Statement -Construction Activity Stormwater Discharges
General Hydrologic Unit Code(HUC)is a watershed unit established in the most recent
A Registration Statement must be submitted to the Department of Environmental version of Virginia's 6"order national watershed boundary dataset.
Quaity to register for coverage under the General Permit for Stormwater Section 7 Name of MS4 Operator
y„r
Discharges from Construction Activiies. If the stormwater is discharged through a municipal separate storm sewer
Section 1 Construction Activity Operator Information system(MS4),tarter the name of the operator of the MS4.The name of the
'Operator means the owner or operator of any facility or activity subject to the MS4 operator is usually the T . City, County, Institute or Federal facility
Stormwater Management Act and regulations. In the context of stormwater where the construction activity is located.
associated with a large or small construction activity, operator means any Section 8 Estimated Project Start Date
person associated with a construction project that meets either of the following Enter the date(Month/Day/Year)the projected is expected to start
two criteria:(i)the person has direct operational control over construction plans Estimated Project Completion Date
and specifications, including the ability to make modifications to those plans Enter the date(Month/Day/Year)the project is expected to be complete.
and specifications or(ii)the person has day-to-day operational control of those
activities at a project that are necessary to ensure compliance with a Section 9 Total Land Area of the Development
stormwater pollution prevention plan for the site or other state permit conditions Enter the total area(to the nearest one tenth acre)of the development(meaning
(i.e., they are authorized to direct workers at a site to carry out activities the total acreage of the larger comrnon plan of development or sale).Include
required by the stonnwater pollution prevention plan or comply with other the total acreage of any offsite support activities to be covered under the general
permit conditions). perm
The entities who are considered operators will commonly consist of the owner or Estimated Area to be Disturbed
developer of a project(the party with control of project spedfications)and the Enter an estimate of the total number of acres(to the nearest one tenth acre)to
general contractor(the party with day to day operational control of the activities at be disrobed. Include in the Estimated Area to be Disturbed the area of
the project site which are necessary to ensure compliance with the state disturbance that will occur at off-site support activities to be covered under the
permit). Contractors and subcontractors who are under the general pemiit
supervision of the general contractor are not considered operators and would Section 10 Larger Common Plan of Development or Sale
not need to submit a registration statement. Give the legal name of the Indicate if the area to be disturbed by the construction activity is part of a larger
operator,do not use a colloquial name.Enter the complete address and phone common plan of development or sale.Larger common plan of development or
number of the operator.The permit will be issued to this operator. sale defines a contiguous are where separate and distinct construction may be
Section 2 Existing General Permit Coverage Number taking place at went times on different schedules.Plan is broadly defined as
any For reappicaiors only,indicate the existing general permit coverage number for announcementsales h,advertisement
docd awing, rmit p a sign pzo in notice s hearing,
the project.This section does rat need to be completed for new projects applying Pte, arconsch drawing, permits,lot stale and
request etc., s
for state cover physical demarcation such as boundary signs,lot stake,and surveyor markings
and �. indicating that construction activities may occur.
Section 3 Location of Construction Activity Information Section 11 Nutrient Offsets
Enter the activityts official name and complete street address,including city(or •
town),county or not located within a City),state and ZIP Cade. Indicate if nutrient offsets are intended to be acquied in accordance with§62.1-
If the site lacks a street address,enter the city(or town),county Of not located 44.15:35 of the Code of Virginia.If the acquisition of offsets is being considered but
snot mean,seloct men consideration."
within a City) and the latitude and longitude in degrees, minutes, seconds
(DMS)to the nearest 15 seconds of the approximate center of the site(example Section 12 A stormwater pollution prevention plan(SWPPP)must be prepared
Slime 37°30'15"N 77°20'15"W). in accordance with the requirements of the General Permit for Discharges of
Stonmvater from Construction Activities prior to submitting this Registration
Location of Offsite Support Activities
Tins general permit also authorizes stormwrater discharges from support activities the
By signing this Registration Statement the operator is certifying that
the SWPPP has been prepared.
(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 Section 13 Certification
provided that(a)The support activity is directly related to the construction site The operator identified in Section 1 of this Registration Statement is
that is required to have general permit coverage for discharges of stommvater responsible for certifying and submitting this Registration
associated with construction activity(b)The support activity is not a commercial Statement. Please sign the form in INK. State statutes provide for
operation serving multiple unrelated construction projects by different operators, severe penalties for submitting false information.State regulations require
and does not operate beyond the completion of the construction activity at the this Registration Statement to be signed as follows:
last construction project it supports;and (c)Appropriate control measures are For a corporation:by a responsible corporate officer.For the purpose of this
ideniied in a stomnwater pollution prevention plan and implemented to address part,a responsible corporate officer means:(i)a president.secretary,
the discharges from the support activity areas. treasurer,or vice-president of the corporation in charge of a principal business
Provide the information required for each off-site support activity seeking function,or any other person who performs similar policy-making or decision-
coverage.
coverage.If an off-ske support activity is going to be covered by this permit the making functions for the corporation;or(i)the manager of one or more
total land area of the off-site support activity and area to be disturbed by the off- manufacturing,production,or operating facilities,provided the manager is
site support activity need to be included in the Estimated Area to be Disturbed authorized to make management decisions that govern the operation of the
(Section 8) regulated facility including having the explicit or implicit duty of making major
Section 4 Status of Activitycapital investment recommendations,and initiating and directing other
comprehensive measures to assure long-term compliance with environmental
Indicate the appropriate status(Federal,State,Public,or Private)of the laws and regulations;the manager can ensue that the necessary systems are
activity. established or actions taken to gather complete and accurate information for
Section 5 Nature of the Construction Project permit application requirements;and where authority to sign documents has
Indicate the nature of the construction project (commercial, residential, been assigned or delegated to the manager in accordance with corporate
agricultural,oil and gas,etc).This list is not all inclusive. procedures.
Section 6 Name of Receiving Water(s) For a partnership or sole proprietorship:by a general partner or the
Enter the name of the receiving water(s) for all stormwater discharge(s), proprietor,respectively.
including any stormwater discharges from off-site support activities to be For a municipality.state,federal,or other public agency by either a principal
covered under the permit. Receiving waters identified as.impaired on the executive officer or ranking elected official.For purposes of this part,a
2008 305(b)1303(d)Water Quality Assessment Integrated Report or for which principal executive officer of a public agency includes:(i)the clef executive
a Total Maximum Daily Load(TMDL)Waste Load Allocation WA)has been officer of the agency or(ii)a senior executive officer having responsibility for
established for stormwater discharges from construction activities shall be the overall operations of a principal geographic unit of the agency.
noted.
The Department of Environmental Quality reserves the right to request additional information not directly addressed by the
Registration Statement if,in its discretion.a facility or operation poses a potential impact on water quality.
(DEQ 199-146)(08/13)
,,. Section 2. Notice of general permit coverage
(This notice is to be posted near the main entrance according to 9VAC25-880-70, Part II, section C.)
(Provide a copy of the DEQ coverage letter when obtained)
Nary
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Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Noise Section 3. Nature of activity
(Provide a detailed narrative of the construction activities. Include or reference a construction schedule
and sequence. Include any phasing.)
This project includes building additions to Scottsville Elementary School, an update to the bus
loop, additional parking, sidewalk and associated site work. Limits of clearing and grading are 0.75
acres.
These improvements are being made within the property boundary. The property is bounded by
residential properties and VA-20 Scottsville Road to the north. To the south and east the property is
bounded by residential properties. The west side is bordered by a church.
All construction shall take place in accordance with the Erosion and Sediment Control Sequence of
Installation on plan sheet C3.0. Estimated construction dates are as indicated on the Registration
Statement.
fir►
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
'41i. ' Section 4. Erosion and Sediment Control Plan.
(Provide a reduced, 1 I x 17 copy of the latest Erosion and Sediment Control Plan. Do not reference
only.)
Star
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Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
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GJ o SCOTTSVILLE ELEMENTARY SCHOOL SECURITY ADDITION AND A ChaAotteevile,VA 22902 •)� � � 3 4�
- <<p IMPROVEMENTS Tel 434.296 5353
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Section 6. Pollution Prevention Plan.
Sow' (reference County Code 17-404 and State Regulation 9VAC25-880-70 part II section A.4)
A. Plan showing pollution activities and prevention practices
(Provide a reduced I 1 x 17 copy of a site plan on which all of the following activity locations are clearly
marked. Keep this plan up-to-date with ongoing site changes and inspections.)
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B. Sources of Pollutants, locations, and prevention practices
Pollutant,or Pollutant Location on site Prevention Practices,
Generating Activity Control Measures
' ,,,,,, C. Sources of Pollutants continued. Common activities and minimum control and prevention
practices
Pollutant,or Pollutant Prevention Practices,
Generating Activity Location on site Control Measures
Follow Erosion and Sediment Control
Clearing,grading,excavating,and un- Land disturbance area Plan. Dispose of clearing debris at
stabilized areas acceptable disposal sites.Seed and mulch,
or sod within 7 days of land clearing
Cover storm drain inlets and use drip pans
Paving operations Roads and driveways and absorbent/oil dry for all paving
machines to limit leaks and spills
Concrete washout shall occur in area Direct concrete wash water into a leak-
Concrete washout and adjacent to the construction entrance as proof container or leak-proof settling basin
cement waste designated on the Pollution Prevention that is designed so that no overflows can
Plan. occur
Enclose or cover material storage areas.
Mix paint indoors in a containment area or
Structure construction,stucco, Structures in a flat unpaved area.Prevent the
painting, and cleaning discharge of soaps,solvents,detergents
and wash water,paint,form release oils
and curing compounds.
Dewatering if necessary when Water shall be filtered,settled or similarly
Dewatering operations converting culvert inlet protection treated prior to discharge as shown on
shown on plans plan.
Designated areas for material delivery and
Material delivery and storage Adjacent to construction entrance and storage. Placed near construction
construction trailer. entrances,away from waterways and
ow drainage paths
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Pollutant,or Pollutant Prevention Practices,
Location on site
Nioare Generating Activity Control Measures
Material use during building process Building areas Follow manufacturer's instructions.
MSDS's attached.
Waste collection area will not receive a
substantial amount of runoff from upland
areas and does not drain directly to a
waterway. Containers have lids covered
before periods of rain,or are in a covered
Solid waste disposal As provided by contractor area. Scheduled collection to prevent
overfilling.MATERIALS NOT TO BE
BURIED ON-SITE
Convenient and well-maintained portable
sanitary facilities will be provided,and
Sanitary waste Current locations shown on plan located away from waterways or inlets.
Such facilities shall be regularly
maintained.
Apply fertilizers in accordance with
Landscaping operations Landscape areas shown on plan manufacturer's recommendations and not
during rainfall events
To be treated in a sediment basin or better
Wash area is located at the construction control as specified on plan.Minimize
Wash Waters entrance.Adjacent diversion dike will the discharge of pollutants from
divert wash water to sediment trap.
equipment and vehicle washing
Vehicle and equipment washing Designated areas and details shown on Provide containment and filtering for all
plan wash waters per the plan
Minimization of exposure to precipitation and stormwater.Minimize the exposure of building materials,building products,
construction wastes,trash,landscape materials,fertilizers,pesticides,herbicides,detergents,sanitary waste,and other
materials present on the site to precipitation and to stormwater.
(Identify all non-stormwater discharges to o,cctu-on your site. Keep this plan up-to-date with ongoing
site changes and inspections. See CGP, 9VAC25-880-70 section E for examples of non-stormwater
discharges.)
D. Non-stormwater discharges
Discharge Pollutants or Pollutant Location on Site
Constituents
Dust control water Sediment As shown on plan
Sur
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Discharge Pollutants or Pollutant Location on Site
Constituents
E. Persons responsible for pollution prevention practices
(Provide the names and contact information for all persons responsible for prevention practices as listed
above.)
Mr. Joseph P. Letteri
401 Mcintire Rd
Charlottesville, VA 22902
434.975.9340
F. Response and reporting practices
Minimize discharges from spills and leaks. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures as follows.
Respond to all spills,leaks and discharges as follows;
Materials and equipment necessary for oil or chemical spill cleanup will be kept in the temporary material storage
trailer onsite. Equipment will include,but not be limited to,brooms,dust pans, mops,rags,gloves,goggles,kitty litter,
sand, saw dust,and plastic and metal trash containers.
All oil or other chemical spills will be cleaned up immediately upon discovery. Identify and stop source of
discharge. Use absorptive materials to soak up as much chemical as possible. Place all contaminated material in trash
containers for disposal.
Report all spills,leaks and discharges as follows;
(Provide detailed response and reporting practices according to 9VAC25-880-70, Part II, section A.4.e.)
Reports will be made to the following:
Virginia Department of Emergency Management
Emergency Operations Center(EOC)
Phone: (800)468-8892
Spills large enough to reach the storm sewers will be reported to the National Response Center at 1-800-424-8802.
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
G. Pollution Prevention Awareness
Nur
(Describe training and procedures to provide awareness and compliance for all measures in this
document: waste management, wash waters, prevention measures, etc.)
The registered land disturber shall oversee all construction activities to implement and maintain pollution prevention
measures. As such training and procedures shall be provided by contractor for each worker on site before they begin land
disturbing activities. Training on implementation of erosion and sediment control devices/procedures must be provided by
registered land disturber each time a new E&SC procedure is constructed.
Sore'
stir✓
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
\rr Section 7. Discharges to impaired waters, surface waters within an applicable
TMDL wasteload allocation, and exceptional waters.
This site discharges to impaired waters as detailed on the following sheets.
Enhanced inspection frequency is required as outlined below:
(1) Inspections shall be conducted at a frequency of (i) at least once every four business
days or (ii) at least once every five business days and no later than 48 hours following a
measurable storm event. In the event that a measurable storm event occurs when there are
more than 48 hours between business days, the inspection shall be conducted on the next
business day; and
(2) Representative inspections used by utility line installation, pipeline construction, or other
similar linear construction activities shall inspect all outfalls discharging to surface waters
identified as impaired or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit.
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
2014 Impaired Waters
Now_ a Category 4 & 5 by Basin and Stream Name*
E�'IIFGINl.A I)E?i1 trIAII INT
r (N'
EMIR()NMEVIi. (?t•.kl.lry
James River Basin
Cause Group Code: H17L-01-DO-Totier Creek Reservoir
Location: Totier Creek Reservoir(37.23 Acres)
City/County Albemarle Co.
Use(s): Aquatic Life
Cause(s)/ Oxygen, Dissolved/5A
VA Category:
This lake is impaired due to violations of the dissolved oxygen WQS in the Epilimnion at station:2-TOT001.01 (5 violations of
30 samples for dissolved oxygen). Initial Listing Date:2012.
Totier Creek Reservoir Estuary Reservoir River
Aquatic Life (sq.miles) (acres) (miles)
Oxygen, Dissolved/5A 37.23
Total impaired size by water type:
Sources:
d. • Source Unknown
41r✓ *Narrative descriptions,location and city/county describe the entire extent of the impairment.Sizes may not represent the total size of the
impairment.
Nor+/
•
WimmummDEQ2014 Impaired Waters
Category 4 & 5 by Basin and Stream Name*
�'IRGIII.\ DEPARTMENT\T (I
ENVIRONMENTAL lltONMENTAI. Q . I.IT'
James River Basin
Cause Group Code: H17R-01-BAC-Totier Creek
Location: Totier Creek from the headwaters downstream to its confluence with the James River. (Start Mile: 10.4 End
Mile:0.00 Total Impaired Size: 10.4 Miles)
City/County Albemarle Co.
Use(s): Recreation
Cause(s)/ Escherichia coli/4A, Fecal Coliform/4A
VA Category:
This segment is impaired due to violations of the e-coli bacteria WQS at station:2-TOT002.61 (2 violations of 12 samples for
e-coli). Initial Listing Date:2002.This segment is included in the EPA approved James River watersheds bacteria TMDL.
Federal TMDL ID#33549
Totier Creek Estuary Reservoir River
Recreation (sq.miles) (acres) (miles)
Escherichia coli/4A
9.6
Total impaired size by water type:
Recreation Estuary Reservoir River
(sq.miles) (acres) (miles)
Fecal Coliform/4A 10.31
Total impaired size by water type:
Sources:
• Agriculture
• Non-Point Source
• Wildlife Other than Waterfowl
*Narrative descriptions,location and city/county describe the entire extent of the impairment.Sizes may not represent the total size of the
impairment.
opia-4 2014 Impaired Waters
,,,,. Category 4 & 5 by Basin and Stream Name*
VIRGINIA I)I:t' UTMl:NT (}i'
ENVIRONMENTAL Q1 T I.fi l
James River Basin
Cause Group Code: H17R-05-BEN-Totier Creek
Location: Totier Creek from the RWSA-Scottsville Public Water Intake downstream to its confluence with the James
River. (Start Mile: .79 End Mile:0.00 Total Impaired Size: .79 Miles)
City/County Albemarle Co.
Use(s): Aquatic Life
Cause(s)/ Benthic-Macroinvertebrate Bioassessments/5A
VA Category:
This segment is impaired due to violations of the General Standard for Benthic at station:2-TOT000.08(Impaired for VSCI).
Carries forward from 2008 Initial Listing Date:2006.
Totier Creek Estuary Reservoir River
Aquatic Life (sq.miles) (acres) (miles)
Benthic-Macroinvertebrate Bioassessments/5A 71
Total impaired size by water type:
Sources:
• Source Unknown
Lao *Narrative descriptions,location and city/county describe the entire extent of the impairment.Sizes may not represent the total size of the
impairment.
Section 8. Qualified personnel
The following personnel are responsible for inspections;
(Provide the name, telephone number, and qualifications of the qualified personnel conducting
inspections.)
Mr. Joseph P. Letteri
Albemarle County School Board
401 Mcintire Rd
Charlottesville, VA 22902
434.975.9340
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
Section 9. Signed Certification
(Provide certification according to 9VAC25-870-370. For purposes of plan review and approvals, this
certification should be the owner of the property, the same signature as appears on the bonds and
applications. Another operator can be designated on the delegation of authority form to follow.)
CERTIFICATION
"I certify under penalty of law that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations."
Owner/Operator Name: Mr. Joseph P. Letteri
Company: Albemarle County School Board
Title: Dir ctor of Buuildi vices
Signature:
'.,,.✓ Date: "I" L. q
Mr. Joseph P.Letteri
Albemarle County School Board
401 Mcintire Rd
Charlottesville, VA 22902
434.975.9340
•
Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP)Albemarle County
Section 11. General permit copy
(Provide a copy of the construction general permit, 9VAC25-880)
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
llitt,i)
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
tir.+' 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 23
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
Nine' f. Alla applicable state, federal, and local approvals are obtained for the support pp 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 23
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:
Noise
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
Stir• all such discharges comply with all applicable state and VPDES permit requirements.
General Permit No.: VAR10
Page 3 of 23
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:
"%r
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Page 4 of 23
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
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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 23
(5) Locations where concentrated stormwater is discharged;
%O✓ (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
Sure plan," or erosion and sediment control plan prepared in accordance with department-approved
annual standards and specifications, 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
General Permit No.: VAR10
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(9) Utilizes outlet structures that withdraw stormwater from the surface (i.e., above the
%Ar, 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.
%kw' 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
Sur available);
General Permit No.: VAR10
Page 8 of 23
(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,
Sore 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 23
6. Qualified personnel. The name, phone number, and qualifications of the qualified personnel
Sari 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
Sow 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
Sur g. Measures taken to address any evidence identified as a result of an inspection required under
Part II F.
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Sir 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 II 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.
`r a. Inspections shall be conducted at a frequency of:
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Page 11 of 23
m, (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
Sore (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;
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(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;
S%fre (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;
rte, (9) Identify any pollutant generating activities not identified in the pollution prevention plan; and
General Permit No.: VAR10
Page 13 of 23
(10) Identify and document the presence of any evidence of the discharge of pollutants prohibited
by this general permit.
Save
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 23
PART III
CONDITIONS APPLICABLE TO ALL VPDES PERMITS
NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor
stormwater discharges or control measures, the operator 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;
fteme 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,
rre method, and result of the monitoring activity are included.
General Permit No.: VAR10
Page 15 of 23
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
yrie 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 23
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:
Stave 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.
`err'
General Permit No.: VAR10
Page 17 of 23
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 23
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 23
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 23
b. The department may approve an anticipated bypass, after considering its adverse effects, if the
department determines that it will meet the three conditions listed in Part III U 3 a.
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 23
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
Name 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 Ill 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.
General Permit No.: VAR10
Page 22 of 23
DEFINITIONS
"Business day" means Monday through Friday excluding state holidays.
"Commencement of land disturbance" means the initial disturbance of soils associated with clearing,
grading, or excavating activities or other construction activities (e.g., stockpiling of fill material).
"Construction site" means the land where any land-disturbing activity is physically located or conducted,
including any adjacent land used or preserved in connection with the land-disturbing activity.
"Final stabilization" means that one of the following situations has occurred:
1. All soil disturbing activities at the site have been completed and a permanent vegetative cover has
been established on denuded areas not otherwise permanently stabilized. Permanent vegetation
shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly
distributed), mature enough to survive, and will inhibit erosion.
2. For individual lots in residential construction, final stabilization can occur by either:
a. The homebuilder completing final stabilization as specified in subdivision 1 of this definition; or
b. The homebuilder establishing temporary soil stabilization, including perimeter controls for an
individual lot prior to occupation of the home by the homeowner, and informing the homeowner of
the need for, and benefits of, final stabilization.
3. For construction projects on land used for agricultural purposes, final stabilization may be
accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed
that were not previously used for agricultural activities, such as buffer strips immediately adjacent to
surface waters, and areas that are not being returned to their preconstruction agricultural use must
meet the final stabilization criteria specified in subdivision 1 or 2 of this definition.
"Immediately" means as soon as practicable, but no later than the end of the next business day, following
the day when the land-disturbing activities have temporarily or permanently ceased. In the context of this
general permit, "immediately" is used to define the deadline for initiating stabilization measures.
"Impaired waters" means surface waters identified as impaired on the 2012 § 305(b)/303(d)Water Quality
Assessment Integrated Report.
"Infeasible" means not technologically possible or not economically practicable and achievable in light of
best industry practices.
"Initiation of stabilization activities" means:
1. Prepping the soil for vegetative or nonvegetative stabilization;
2. Applying mulch or other nonvegetative product to the exposed area;
3. Seeding or planting the exposed area;
4. Starting any of the above activities on a portion of the area to be stabilized, but not on the entire area;
or
5. Finalizing arrangements to have the stabilization product fully installed in compliance with the
applicable deadline for completing stabilization.
i'' This list is not exhaustive.
General Permit No.: VAR10
Page 23 of 23
‘`.r "Measurable storm event" means a rainfall event producing 0.25 inches of rain or greater over 24 hours.
"Stabilized" means land that has been treated to withstand normal exposure to natural forces without
incurring erosion damage.
Skrr
r
•e Section 12. Inspection logs
INSPECTION FREQUENCY:
(1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at
least once every five business days and no later than 48 hours following a measurable storm event. In
the event that a measurable storm event occurs when there are more than 48 hours between business
days, the inspection shall be conducted on the next business day; and
(2) Representative inspections used by utility line installation, pipeline construction, or other similar
linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired
or for which a TMDL wasteload allocation has been established and approved prior to the term of this
general permit.
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County