HomeMy WebLinkAboutWPO201600024 Plan - Stormwater WPO VSMP 2016-07-26 STORM WATER POLLUTION PREVENTION PLAN
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PREPARED FOR
TEXAS ROADHOUSE
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_ROAPHOUS
PROJECT LOCATION
455 ALBEMARLE SQUARE
CHARLOTTESVILLE,22901
ALBEMARLE COUNTY—VA
TAX MAP PARCEL 06100000012300
Prepared by:
GreenbergFarrow
ANDRE PIMENTEL WI 857 305 0597
153 CORDAVILLE ROAD,SUITE 210
SOUTHBOROUGH,MA 01772
GF PROJECT#201407100
May 10,2016
Revised July 26,2016
TABLE OF CONTENTS
Section Page
I. SUMMARYOF PERMIT AND PROGRAM REQUIREMENTS 3
A. General Permit Information 3-4
B. Public Posting 4
C. Retention of Records 4
D. Inspections 4
E. SWPPP Updates and Amendments 5
F. Discharge of Petroleum Products or Hazardous Substances 6
G. Notice of Termination 6
H. General Contractor's Responsibility 6
II. INTRODUCTION 6
A. Purpose 7
B. Scope 7
III. PROJECT DESCRIPTION 8
IV. SITE DESCRIPTION 10
A. Site Location98
B. Site Soils 9
C. Total Site Area,Area to be Disturbed 9
D. Receiving Surface Waters 9
E. Erosion and Sedimentation Control Plan 9
V. STORMWATER POLLUTION PREVENTION MEASURES AND CONTROLS 10
A. Erosion and Sediment Controls 10
1. Minimization of Disturbed Areas 10
2. Soil Stabilization 10
3. Structural Controls 11
B. Other Pollutant Controls 12
1. Dust Control 12
2. Dewatering 12
3. Solid Waste Disposal 12
4. Sanitary Facilities 12
5. Non-Stormwater Discharges 13
6. Concrete Waste from Concrete Ready-Mix Trucks 13
7. Mason's Area 13
8. Fuel Tanks 13
9. Hazardous Material Management and Spill Reporting Plan 14
10. Long-Term Pollutant Controls 15
C. Best Management Practices(BMPs) 15
D. Material Storage,Import,or Export Activities Outside of Permitted Limits of Disturbance 15
VI. INSPECTIONS AND SYSTEM MAINTENANCE 16
A. Construction Exit and Track Out 16
B. Erosion Control Devices 16
C. Sediment Control Devices 17
D. Material Storage Areas 17
E. Vegetation 17
F. Discharge Points 17
VII.APPENDIX 18
Appendix Table of Contents 19
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APPENDIX TABLE OF CONTENTS
Section Annendix
Registration Statement A
Notice of General Permit Cover B
Signed Certification C
Delegation of Authority D
Location Map and NRCS Soils Map E
Sample Inspection Report F
Qualified Persons Responsible for Inspections(General Contractor to Provide) G
Persons Responsible for Pollution Prevention Practices(General Contractor to Provide) H
Erosion and sediment Control Plans and Details(Includes Pollution Prevention Plan) I
VA General Permit No.VAR10 J
Note: Stormwater Management Report prepared under separate cover
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SUMMARY OF PERMIT AND PROGRAM REQUIREMENTS
The General Contractor and all subcontractors involved with a construction activity that disturbs site soil or who
implement a pollutant control measure identified in the SWPPP must comply with the following requirements of the
National Pollutant Discharge Elimination System (NPDES) General Permit ("General Permit") and any local
governing agency having jurisdiction concerning NPDES,stormwater,erosion and sedimentation control:
A. General Permit Information
The following references information found within the State of Virginia General Permit No. VAR10 for
Discharges of Stormwater From Construction Activities. The entire General Permit is included in
Appendix J of this report.
1. Permit Information:
• The Permit Operator must provide the name of an individual holding a valid Responsible Land
Disturber Certificate who will be responsible for the land disturbing activity prior to engaging in
the land disturbing activity.
• A project location/vicinity map is located in Appendix E.
2. Co-permittee information:
Not applicable-There is no co-permittee process
3. Permit transfer information:
Operators of regulated construction activities who are not required to submit an NOI must remove
the original site notice,and the new operator must post the required site notice prior to the transfer
of operational control,in accordance with Section II.F.4(a)and(b)of the General Permit.A copy
of the completed site notice must be provided to the operator of any MS4 receiving the discharge,
in accordance with Section II.F.3
4. Waiting Period:
The department (VADEQ) and Roanoke County shall be notified one week prior to the pre-
construction meeting and one week prior to the commencement of land-disturbing activity.
5. Permit Expiration:
The State of Virginia General Permit No.VAR10 expires:June 30,2019.
A copy of the General Permit is located in Appendix J.
6. Permit modification:
A permit modification is required prior to land disturbing activity in non-permitted areas. The
General Contractor must contact the Civil Engineering Consultant (CEC) as soon as a need to
work in non-permitted areas is identified. Work in non-permitted areas may not proceed until
written approval is provided by the governing agency.
7. Permitted Project Area:
Note: For purposes of this SWPPP and associated stormwater permit, `permitted project area' is
defined as any and all areas within the project limits of disturbance, as shown on the SWPPP site
maps. ALL ground-disturbing and construction-related activities (material storage, dumpsters,
parking areas,project office trailer,etc.)must be included within the permitted project area(limits
of disturbance).
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Note to General Contractor: All areas outside the permitted project area(limits of disturbance)
acquired for use by the General Contractor or a subcontractor of the General Contractor(borrow
sources, disposal areas, etc.) must be managed in accordance with Section V. D. of this
Iktft,d specification.
8. Governing Agency:
The following agency or agencies have governing authority for stormwater-related regulations and
permits:
PEANUT SOIL&WATER CONSERVATION DISTRICT
USDA Service Center
203 Wimbledon Lane
Smithfield,VA 23430-1853
Telephone: (757)357-7004,Ext.6
Fax:(757)357-7798
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY(VADEQ)
Stormwater Permitting
13901 Crown Court
Woodbridge,VA 22193
Phone: (703)583-3800
Fax:(703)583-3821
B. Public Posting(Including SWPPP Information Sign)
Install the SWPPP Information Sign per specification and post Site Maps and Details Sheets on the jobsite
trailer wall before beginning BMP installation. The following information must be posted near the
construction entrance in a prominent place for public viewing until termination of permit coverage has been
Skase obtained by removing the site notice and completing the appropriate portion of the notice.
1) A copy of the permit coverage letter than includes the registration number for the construction activity
2) The location of the SWPPP on site.
3) Name and Telephone number of a contact person for scheduling access/inspections.
The General Contractor may post other stormwater and/or erosion & sediment control-related permits on
the SWPPP Information Sign as required by the governing agency. These postings must not interfere with
items 1—3 noted above.
C. Retention of Records
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 permit,and records of all data used to complete the registration statement for this
permit, for a period of at least three years from the date of the sample, measurement,report or request for
coverage. This period of retention shall be extended automatically during the course of any unresolved
litigation regarding the regulated activity or regarding control standards applicable to the operator, or as
requested by the board.
D. Inspections
Inspections shall be conducted(Impaired waters)
(i) at least once every 4 business days;or
(ii) at least once every 5 business days and within 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.
,,. Where areas have been temporarily stabilized or runoff is unlikely due to winter
conditions (e.g., the site is covered with snow or ice, or frozen ground exists) such
inspections shall be conducted at least twice a month.
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Inspections must include all areas of the site disturbed by construction activity,off-site areas covered by the
permit, and areas used for storage of materials that are exposed to precipitation, but does not need to
include areas identified pursuant to Section H A 5.
Inspectors must look for evidence of, or the potential for, pollutants entering a stormwater conveyance
system. Control measures identified in the SWPPP shall be inspected for proper installation, maintenance,
and operation. Discharge locations, where accessible, shall be inspected to ascertain whether control
measures are effective in minimizing impacts to receiving waters. Where discharge locations are
inaccessible, nearby downstream locations shall be inspected to the extent that such inspections are
practicable. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site
sediment tracking.
A sample site inspection report located within appendix F of this report.
The SWPPP, including the best management practices implemented on the jobsite, shall be modified as
needed to reduce or prevent pollutants from discharging from the site. Modifications to BMPs that change
a hydrologic design component(diversions,basins,etc.)must first be approved by the CEC.
The inspector must be a person familiar with the site, the nature of the major construction activities, and
qualified to evaluate both overall system performance and individual component performance. The
inspector must either be someone empowered to implement BMPs in order to increase effectiveness to an
acceptable level or someone with the authority to cause such things to happen. The Contractor for the Site
shall designate a Compliance Officer and certify to Owner in writing prior to the Commencement of Soil
Disturbance Activities that the designated Compliance Officer: (i)is a Storm Water Professional;(ii)has at
least 5 years of construction-related experience; and (iii) is able to identify and has the authority on the
Site(s)for which he or she is designated to implement BMPs and instruct employees and contractors in the
implementation of such practices. Owner may allow the Contractor to change its Compliance Officer for a
Storm Water Site as long as the Contractor certifies to Owner in writing, prior to the change, that the
replacement meets these same qualifications.
E. SWPPP Updates and Amendments
The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to state waters and that has not been
previously addressed in the SWPPP. 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 stormwater discharges from the construction
site. Revisions to the SWPPP shall include additional or modified control measures designed to correct
problems identified. If approval by a plan-approving authority is necessary for the control measure,
revisions to the SWPPP shall be completed within seven calendar days of approval. Implementation of
these additional or modified control measures must be accomplished as described in Section H D 3 b of the
General Permit. Revisions to the SWPPP must be dated and signed in accordance with Section III K 2
(General Permit),but are not required to be certified in accordance with Section III K 4 (General Permit).
The SWPPP must clearly identify the contractor(s) or subcontractor(s) that will implement and maintain
each measure identified in the SWPPP. The SWPPP shall be revised to identify any new contractor that
will implement a measure.
Contractor shall revise the SWPPP at no additional cost to Owner as necessary to address potential
pollution from the Storm Water Site identified after issuance of the SWPPP. The General Contractor must
update the SWPPP and Site Maps daily to reflect the progress of construction activities and general
changes to the project site. SWPPP contact and contractor information and the record of site stabilization
activities log must be maintained by the General Contractor throughout the project.
The General Contractor must submit a request for information (RFI) to the CEC and obtain written CEC
approval before modifying or adding erosion or sediment control BMPs. BMPs that may impact hydraulic
design are of particular concern and typically include stormwater basins, diversions, check dams, inlet
protection or any product,process or system that changes the stormwater flow path or stormwater storage 0440
capacity of the site or is located in an area of concentrated flow.
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Substitution of any erosion or sediment control BMPs beyond those specified in the SWPPP must first be
approved in writing by the CEC. Substitutions are typically only approved if specified materials are not
available or there is a valid reason the specified BMP will not work.
Amending the SWPPP does not mean that it has to be reprinted. It is acceptable to add addenda, sketches,
new sections,details,and/or revised drawings that are initialed and dated.
F. Discharge of Petroleum Products or Hazardous Substances
Discharge of petroleum products or other hazardous substances into stormwater or the stormwater(storm
sewer) system is subject to reporting and clean up requirements. See Section V.B.9. of this SWPPP for
state and local information on reporting spills.
G. Notice of Termination
The operator shall submit a notice of termination(NOT)on the official department form after one or more
of the following conditions have been met:
1. Necessary post-construction 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;
2. Another operator has assumed control over all areas of the site that have not been finally
stabilized and obtained coverage for the ongoing discharge;
3. Coverage under an alternative VPDES or VSMP permit has been obtained;or
4. For residential construction only, temporary stabilization has been completed and the
residence has been transferred to the homeowner.
The notice of termination must be submitted within 30 days of one of the above conditions being met.
Authorization to discharge terminates at midnight on the date that the notice of termination is submitted.
H. General Contractors Responsibility
This SWPPP intends to control water-borne,air-borne and liquid pollutant discharges by some combination
of interception, sedimentation, filtration, and containment. The General Contractor and subcontractors
implementing this SWPPP must remain alert to the need to periodically refme and update the SWPPP in
order to accomplish the intended goals. The General Contractor is ultimately responsible for all site
conditions and permit compliance.
H. INTRODUCTION
This SWPPP has been prepared to outline the measures and procedures to minimize adverse effects from ground
disturbing activities for the redevelopment of a portion of land within the Albemarle Square Mall with a 7,163 SF
Texas Roadhouse restaurant, associated parking and utilities. The site is located at 455 Albemarle Square and
identified as a portion of Parcel 123,in tax map 61. The site is in the Planned Development Shopping District(PD-
SC)zoning district.
The site for the proposed restaurant is a 0.68-acre area to be leased from the land owner. The project will disturb
0.85 acres.The site is currently occupied by a bank building with drive thru and associated parking.The project area
is currently undergoing construction for the installation of a DOT stormwater storage facility and related
improvements. The DOT work onsite is scheduled to be complete by middle of May 2016.
The existing building will be demolished to allow for the construction of the proposed restaurant. Most of the site
drains to the north into the DOT stormwater system. The same runoff pattern will be maintained by the proposed
redevelopment. The proposed development results in an increase in impervious area of 0.069 Ac, requiring
mitigation to prevent increasing runoff into the adjacent VDOT stormwater storage and conveyance system and
meet channel protection runoff reduction requirements. Refer to the Stormwater Management Report, prepared
fir/ under separate cover,for additional information.
The project will provide onsite storage for stormwater runoff mitigation and purchase offsite nutrient reduction
credits from CBNLT to meet all current water quality requirements. The project improvements are tributary the
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South Fork Rivanna River JR'08 watershed. Refer to the civil site plans and stormwater management report for
more details of the work proposed.
This SWPPP, including the applicable General Permit, includes the elements necessary to comply with the General
Permit for construction activities administered by the U.S. Environmental Protection Agency (EPA) under the
National Pollutant Discharge Elimination System (NPDES)program and all local governing agency requirements.
This SWPPP must be implemented at the start of construction.
Construction phase pollutant sources anticipated at the site are disturbed (bare) soil, vehicle fuels and lubricants,
chemicals and coatings associated with site or building construction and pavement installation, construction-
generated litter and debris, and building materials. Without adequate control there is a potential for each type of
pollutant to be transported by stormwater.
A. Purpose
A major goal of pollution prevention efforts during project construction is to control soil and pollutants that
originate on the site and prevent them from flowing to surface waters. The purpose of this SWPPP is to
provide guidelines for achieving that goal. A successful pollution prevention program also relies upon
careful inspection and adjustments during the construction process in order to enhance its effectiveness.
B. Scope
This SWPPP must be implemented before construction begins on the site. It primarily addresses the impact
of storm rainfall and runoff on areas of the ground surface disturbed during the construction process. In
addition, there are recommendations for controlling other sources of pollution that could accompany the
major construction activities. Applicability of this SWPPP will terminate when disturbed areas are
stabilized, permanent erosion and sedimentation controls are installed, temporary erosion and
sedimentation controls are removed, construction activities covered herein have ceased, and a completed
Small Construction Notice is transmitted to the governing agency.
The General Permit for Stormwater Discharges Associated with Construction Activities prohibits most
non-stormwater discharges during the construction phase. Allowable non-stormwater discharges that occur
during construction on this project,which are covered by the General Permit,include:
1. Discharges from fire-fighting activities;
2. Uncontaminated fire hydrant flushings;
3. Waters used to wash vehicles where detergents are not used;
4. Water used to control dust that has been filtered, settled, or similarly treated prior to
discharge;
5. Potable water including uncontaminated water line flushings;
6. Routine external building wash down that does not use detergents;
7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not
occurred(unless all spilled material has been removed)and where detergents are not used;
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;
12. Landscape irrigation.
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
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Best Management Practices (BMPs) must be implemented for the above allowable discharges for the
duration of the permit. Each non-stormwater discharge should be noted in the SWPPP and have proper
erosion and sedimentation controls in place with the possible exception of discharges from fire fighting
Nikr►' activities.
The techniques described in this SWPPP focus on providing control of pollutant discharges with practical
approaches that utilize readily available expertise,material,and equipment.
The General Contractor shall construct the site development improvements while working under contract
with the Owner.
III. PROJECT DESCRIPTION
Described below are the major construction activities that are the subject of this SWPPP. Also included in the
sequence are BMP installation activities that must take place prior to construction activities. NOTE: Down slope
protective measures must always be in place before soil is disturbed. Activities are presented in the order
(sequence)they are expected to be completed.
All activities and timeframes (beginning and ending dates) shall be noted on the Site map. The sequence of
construction is as follows:
NOTE: Upon implementation and installation of the following areas: trailer,parking, lay down,porta-potty,wheel
wash,concrete washout,mason's area,fuel and material storage containers,solid waste containers,etc.,immediately
denote them on the Site Maps and note any changes in location as they occur throughout the construction process.
In addition,note all areas where fill is imported from or soil is exported to on the Site Maps.
Phase I
1. Notify Albemarle county one week prior to the pre-construction meeting and one week prior to the
commencement of land-disturbing activity
2. Prepare temporary parking and storage area.
3. Install stabilized construction entrance.
4. Install silt fences onsite.
5. Install all perimeter sediment measures.
6. Install inlet protection devices.
7. Install sediment traps and diversion dikes
8. Install all temporary erosion&sediment controls as needed.
9. Disconnect existing utility services.
10. Demolish and dispose of existing building
11. Clear and grub the site.
12. Begin wall construction and grading of the site.
Phase 1 is anticipated to be completed within 21 to 35 days after the commencement of construction
Phase II
1. Temporarily seed/mulch,throughout construction,denuded areas that will be inactive for more than 14 days.
2. Commence building pad/building construction.
3. Install utilities,underdrains,storm sewers,curbs and gutters.
4. Install detention basin and modular block retaining wall.
5. Install inlet protection for all proposed storm sewer structures as each is installed.
6. Permanently stabilize areas to be vegetated as they are brought to fmal grade.
7. prepare site for paving.
8. pave site.
9. install appropriate inlet protection devices for paved areas as work progresses.
10. Complete grading and installation of permanent stabilization over all areas.Remove all temporary erosion and
sediment control devices upon stabilization of the site.
11. Continue daily inspection reports until the final daily inspection is signed off by the construction manager that
the site is fully stabilized and the permit may be terminated.
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Phase 2 is anticipated to be complete within 120 to 180 days after the commencement of construction.
NOTE: The General Contractor may complete construction-related activities concurrently only if all preceding
BMPs have been completely installed. BMP-related steps in the above sequence are italicized for clarity.
The actual schedule for implementing pollutant control measures will be determined by project construction
progress and recorded by the General Contractor on the Soil Erosion/Sedimentation Control Operation Time
Schedule on the Erosion and Sedimentation Control plans (Site Maps). Down slope protective measures must
always be in place before soil is disturbed.
IV. SITE DESCRIPTION
Included as part of this SWPPP are the project Construction Drawings Erosion and Sediment Control Plans,
Pollution Prevention Plans and Details,as shown in Appendix I.Refer to the Construction Drawings for detailed site
information.
A. Site Location
• Address:455 Albemarle Square
• Latitude:N 38.0832
• Longitude:W 78.4725
• A vicinity map is included in Appendix E
B. Site Soils:
Site soils consist of Glenelg Loam(34 C)and Elioak Loam(27B)in Hydrologic Soil Group B,(HSG-
B). Onsite soil borings performed by Terracon found that site was filled and that the fill materials
extend from a depth of 5' feet to 17' feet deep. Material encountered rang from lean clay and silty
sand. Site soils may not be suited for infiltration because of the fill placed over the native soils.
Groundwater was found between 10' to 15' below existing ground surface. Refer to appendix E and
the Terracon's Geotechnical Report section o for additional information of the site soils.
C. Total Site Area,Area to be Disturbed
Total site Area:0.68 acres
Disturbed area:0.92 acres
D. Ultimate Receiving Surface Waters
• Ultimate Receiving waters: The sites proposed storm water conveyance system is tributary the South
Fork Rivanna River JR08 watershed. The South Fork Rivanna River is impaired and on Virginia's
303(d)list for violation of the General Standard for Benthics(Benthic-Macroinvertebrate
Bioassessments/4A).The impairment sources are listed as unknown,non-point source,municipal
(urbanized high density area) stormwater.As such the following measures apply:
1. Temporary or permanent stabilization measures must be applied to denuded areas within
seven days after fmal 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.
3. A modified inspection schedule shall be implemented.Inspections shall be conducted at a
frequency of at least once every four business days or 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.
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• This projects deploys BMP's to improve stormwater runoff quantity and quality. Water quality is met
by the purchase of offsite nutrient removal reduction credits from CBNLT. As a redevelopment,this
project will result in a water quality improvement to South Fork Rivanna River watershed,as its
current untreated stormwater discharge will now be treated to meet all current water quality and
quantity standards.This project will not aggravate existing impairments.
• 100-year floodplain: The site is shown on Federal Emergency Flood Insurance Rate Map No.
51003CO278D effective 2/4/2005 in zone X, the subject property does not lie within a presently
established 100-year flood plain.
E. Erosion and Sedimentation Control Plan
Erosion and Sediment Control Plan and Details included in construction drawings.
V. STORMWATER POLLUTION PREVENTION MEASURES AND CONTROLS
A variety of stormwater pollutant controls are recommended for this project. Some controls are intended to function
temporarily and will be used as needed for pollutant control during the construction period. Permanent stabilization
will be accomplished in all disturbed areas by covering the soil with pavement vegetation, or other forms of soil
stabilization.
A. Erosion and Sediment Controls
1. Minimization of Disturbed Areas
Note to General Contractor: Owner has authority to limit surface area of erodible earth material
exposed by clearing and grubbing, excavation, borrow and embankment operations and to direct
General Contractor to provide immediate permanent or temporary pollution control measures
itaO►"
2. Soil Stabilization
The purpose of soil stabilization is to prevent soil from eroding and leaving the site. In the natural
condition,soil is stabilized by native vegetation. The primary technique to be used at this project
for stabilizing site soils will be to provide a protective cover of grass,pavement,or building
structure.
a.) Temporary Seeding or Stabilization —All denuded areas that will be inactive for 14
days or more, must be stabilized temporarily within 7 days with the use of fast-
germinating annual grass/grain varieties appropriate for site soil and climate conditions,
straw/hay mulch,wood cellulose fibers,tackifiers,netting and/or blankets. Stockpiles and
diversion ditches/berms must be stabilized to prevent erosion and dust issues. Soil
preparation and seeding to be completed in accordance with the Virginia Erosion and
Sedimentation Control Handbook(latest edition).
Note to General Contractor: Temporary stabilization is not achieved simply through
seeding. In order for an area or stockpile to be sufficiently stabilized via temporary
vegetation,seed must germinate,grow and provide adequate vegetative density.
b.) Permanent Seeding, Sod or Mulching—All areas at final grade must be permanently
seeded or covered with sod within 7 days after completion of work in that area. Seed/sod
immediately after fmal grade is achieved and soils are prepared to take advantage of soil
moisture and seed germination. At the completion of ground-disturbing activities the
entire site must have permanent vegetative cover, meeting vegetative density
requirements, or mulch per landscape plan, in all areas not covered by hardscape
(pavement,buildings,etc.).
%r/ Soil preparation and sodding to be completed in accordance with the Virginia Erosion
and Sedimentation Control Handbook (latest edition). Acceptable sod materials are
provided within the Erosion and Sedimentation Control Plans.
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Seeded areas shall be protected with straw mulch, hydraulic mulch or a rolled erosion
control product. Straw mulch must be tackified or crimped by disc or other machinery
and rolled. Erosion control products must be installed per manufacturer
recommendations.
Consideration is given to climate conditions, soil type and native vegetation when
designing the final landscaping plan. Note: Crushed/decomposed granite or other non-
vegetative cover may be an acceptable final cover in arid climates.
To minimize the potential for erosion and maximize seed germination&growth,the
General Contractor must evaluate the short and long-term local forecast prior to applying
permanent seed or sod.
3. Structural Controls
a) Silt Fence — Silt fence is a synthetic permeable woven or non-woven geotextile fabric
incorporating metal support stakes at intervals sufficient to support the fence (5-feet
maximum distance between posts), water, and sediment retained by the fence. The fence is
designed to retain sediment-laden stormwater and allow settlement of suspended soils before
the stormwater flows through the fabric and discharges from the site. Silt fence shall be
located on the contour to capture overland,low-velocity sheet flows and is typically installed
with a wire fence backing for additional support. Wire fence backing is required unless the
silt fence is installed using the slicing method as the slicing method ensures the silt fence
fabric is anchored securely in the ground.
Install silt fence at a fairly level grade along the contour with the ends curved uphill to
provide sufficient upstream storage volume for the anticipated runoff. Drainage areas shall j
not exceed''V2 acre per 100 feet of wire-reinforced silt fence for slopes less than 2 percent.
b) Construction Exit—All access points from the public street into the construction site shall
include a construction exit composed of course stone to the dimensions shown on the
Construction Drawings detail sheet. The rough texture of the stone helps to remove clumps of
soil adhering to the construction vehicle tires through the action of vibration and jarring over
the rough surface and the friction of the stone matrix against soils attached to vehicle tires.
In addition to the stone at the construction exit,it may be necessary to install devices such as
pipes(cattle guard)to increase the vibration and jarring. It may also be necessary to install a
wheel wash system. If this is done,a sediment trap control must be installed to treat the wash
water before it discharges from the site.
All site access must be confined to the construction exit(s). Barricade to prevent use, any
locations other than the construction exit(s)where vehicles or equipment may access the site.
Use jersey barriers, construction fencing/drums, etc. near construction exit(s) to prevent
traffic by-pass or short circuiting.
c) Storm Sewer Inlet Protection —Curb and grated inlets are protected from the intrusion of
sediment through a variety of measures as shown on the details included in the Construction
drawings. The primary mechanism is to place controls in the path of flow sufficient to slow
the sediment-laden water to allow settlement of suspended soils before discharging into the
storm sewer. It is possible that as construction progresses from storm sewer installation
through to paving that the inlet protection devices will change.
Note to General Contractor: All inlet protection devices create ponding of stormwater that
can result in flooding or by-pass conditions.
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B. Other Pollutant Controls
This section includes the controls of pollutants other than sediment and additional requirements of the
General Permit
Sire
1. Dust Control
Construction traffic must enter and exit the site at the stabilized construction exit. The purpose is
to trap dust and mud that would otherwise be carried beyond the permitted project area by
construction traffic. Large areas of soil that are denuded of vegetation and have no protection
from particles being picked up and carried by wind should be protected with a temporary cover or
kept under control with water or other soil adhering products to limit wind transported particles
exiting the site perimeter.
Water trucks or other dust control agents will be used as needed during construction to minimize
dust generated on the site. Tackifiers may be used to hold soil in place and prevent dust.
Manufacturer recommendations for application locations and rates must be used for dust control
applications. Dust control must be provided by the General Contractor to a degree that is in
compliance with applicable local and state dust control regulations.
2. Dewatering
Verify discharges from dewatering activities are allowed non-stormwater discharges under the
General Permit. Obtain a dewatering permit according to state and local regulations,if discharges
from dewatering activities are not allowed under the General Permit. Discharges from dewatering
operations must be directed through an appropriate pollution prevention/treatment measure, such
as a pump discharge filter bag, sediment trap or sediment basin prior to being discharged from the
site or into a water body of the State. Under no circumstances are discharges from dewatering
operations to be discharged directly into streams,rivers,lakes or other areas beyond the permitted
project area. Likewise,discharges into storm sewer systems that do not drain to a suitable on-site
treatment facility, such as a basin, are also prohibited. Discharges from dewatering operations
Sire must also be conducted in a manner sufficient to prevent erosion from the discharge runoff.
Use best management practices when dewatering. Place intake hose on a flotation or similar
device and do not pump directly from the bottom of the basin,trench, etc. Always pump through
a sediment control BMP and dewater within the permitted limits of disturbance to ensure
discharge criteria are achieved. Do not discharge on a slope greater than three percent or within
20' of a surface water body. Dewatering should not occur during or immediately after
precipitation events,but exceptions will be evaluated on case by case basis.
3. Solid Waste Disposal
No solid materials, including building materials, are allowed to be discharged from the site with
stormwater. All solid waste, including disposable materials incidental to the major construction
activities,must be collected and placed in containers. The containers will be emptied when 95%
full, or as necessary,by a certified trash disposal service and hauled away from the site. Covers
for the containers will be provided as necessary to meet state and local requirements. Construct
covers as practicable, or required, to prevent stormwater contact and pollutant discharges from
solid waste receptacles. The location of solid waste receptacles shall be shown on the Site Maps.
Substances that have the potential for polluting surface and/or groundwater must be controlled by
whatever means necessary in order to ensure that they do not discharge from the site. As an
example, special care must be exercised during equipment fueling and servicing operations. If a
spill occurs, it must be contained and disposed of so that it will not flow from the site or enter
groundwater, even if this requires removal, treatment, and disposal of soil. In this regard,
potentially polluting substances should be handled in a manner consistent with the impact they
represent.
Sire
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4. Sanitary Facilities
All personnel involved with construction activities must comply with state and local sanitary or
septic system regulations. Temporary sanitary facilities will be provided at the site throughout the NNW
construction phase. They must be utilized by all construction personnel and will be serviced by a
commercial operator. The location of sanitary facilities shall be shown on the Site Maps. Portable
toilets must be securely anchored and are not allowed within 30' of inlets or permitted limit of
disturbance or within 50'of a water of the State.
5. Non-Stormwater Discharges
Non-stormwater components of site discharges must be clean water. Water used for construction
which discharges from the site must originate from a public water supply or private well approved
by the State Health Department. Water used for construction that does not originate from an
approved public supply must not discharge from the site. It can be retained in the ponds until it
infiltrates and evaporates. Other non-stormwater discharges would include ground water. Only
uncontaminated ground water can be discharged from the site, as allowed by and in accordance
with applicable local ground water dewatering permits/regulations. When non-stonnwater is
discharged from the site,it must be done in a manner such that it does not cause erosion of the soil
during discharge.
Process water such as power washing and concrete cutting must be collected for treatment and
disposal. It is not to be flushed into the site storm drain system.
6. Concrete Waste from Concrete Ready-Mix Trucks
Discharge of excess or waste concrete and/or wash water from concrete trucks will be allowed on
the construction site, but only in approved aboveground portable concrete washout containers
(preferred)or in specifically designated lined and diked areas prepared to prevent contact between
the concrete and/or wash water and stormwater that will be discharged from the site. The General
Contractor shall eliminate or minimize the number of seams in the liner.
Alternatively, waste concrete can be placed into forms to make rip rap or other useful concrete
products. The cured residue from the concrete washout diked areas shall be disposed in
accordance with applicable state and federal regulations. This jobsite superintendent is
responsible for assuring that these procedures are followed. The location of concrete washout
areas shall be shown on the Site Maps. Follow all applicable environmental regulations for
concrete wash out pits.
7. Masons'Area
Contractor shall identify masons' area on the site and indicate location on the Site Map. To the
extent practical, all masonry tools, material, including sand and sacked cement or mortar
materials,and equipment shall be located within the area identified. Runoff control,such as berms
or diversion ditches, silt fence, straw wattles, or other means of containment shall be provided to
prevent the migration of stormwater pollutants in runoff from the masons' area. Receptacles for
debris and trash disposal shall also be provided.
8. Fuel Tanks
Temporary on-site fuel tanks for construction vehicles shall meet all state and federal regulations.
Tanks shall have approved spill containment with the capacity required by the applicable
regulations. From NFPA 30: All tanks shall be provided with secondary containment (i.e.
containment external to and separate from primary containment). Secondary containment shall be
constructed of materials of sufficient thickness, density, and composition so as not to be
structurally weakened as a result of contact with the fuel stored and capable of containing
discharged fuel for a period of time equal to or longer than the maximum anticipated time
sufficient to allow recovery of discharged fuel. It shall be capable of containing 110% of the
volume of the primary tank if a single tank is used, or in the case of multiple tanks, 150% of the
largest tank or 10%of the aggregate,whichever is larger.
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The tanks shall be in sound condition free of rust or other damage which might compromise
containment. Fuel storage areas will meet all EPA, OSHA and other regulatory requirements for
411✓ signage, fire extinguisher, etc. Hoses, valves, fittings, caps, filler nozzles, and associated
hardware shall be maintained in proper working condition at all times. The location of fuel tanks
shall be shown on the Site Maps and shall be located to minimize exposure to weather and surface
water drainage features.
A Spill Prevention, Control and Countermeasure(SPCC)Plan must be developed if aboveground
oil storage capacity at the construction site exceeds 1,320-gallons or as specified by state.
Containers with a storage capacity of 55-gallons or less are not included when calculating site
storage capacity.
9. Hazardous Material Management and Spill Reporting Plan
Any hazardous or potentially hazardous material that is brought onto the construction site will be
handled properly in order to reduce the potential for stormwater pollution. All materials used on
this construction site will be properly stored, handled, dispensed and disposed of following all
applicable label directions. Flammable and combustible liquids will be stored and handled
according to 29 CFR 1926.152. Only approved containers and portable tanks shall be used for
storage and handling of flammable and combustible liquids.
Material Safety Data Sheets (MSDS) information will be kept on site for any and all applicable
materials.
In the event of an accidental spill,immediate action will be undertaken by the General Contractor
to contain and remove the spilled material. All hazardous materials, including contaminated soil
and liquid concrete waste, will be disposed of by the Contractor in the manner specified by
federal,state and local regulations and by the manufacturer of such products. As soon as possible,
the spill will be reported to the appropriate agencies. As required under the provisions of the
Clean Water Act, any spill or discharge entering waters of the United States will be properly
reported. The General Contractor will prepare a written record of any spill and associated clean-
up activities of petroleum products or hazardous materials in excess of 1 gallon or reportable
quantities,which ever is less.
Any spills of petroleum products or hazardous materials in excess of Reportable Quantities as
defined by EPA or the state or local agency regulations,shall be immediately reported to the EPA
National Response Center(1-800-424-8802)and corresponding state agency.
Report all spills, leaks and discharges to the state 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.
Refer to General Permit(9VAC25-880-70) part III, section G, for reporting details. The General
Permit is included in the Appendix J of this document.
The reportable quantity for hazardous materials can be found in 40 CFR 302.
In order to minimize the potential for a spill of petroleum product or hazardous materials to come
in contact with stormwater,the following steps will be implemented:
a) All materials with hazardous properties (such as pesticides, petroleum products, fertilizers,
detergents, construction chemicals, acids, paints, paint solvents, additives for soil
stabilization, concrete, curing compounds and additives, etc.) will be stored in a secure
location,under cover and in appropriate,tightly sealed containers when not in use.
Skase b) The minimum practical quantity of all such materials will be kept on the job site and
scheduled for delivery as close to time of use as practical.
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c) A spill control and containment kit(containing for example, absorbent material such as kitty
litter or sawdust, acid neutralizing agent, brooms, dust pans, mops, rags, gloves, goggles,
plastic and metal trash containers, etc.) will be provided on the construction site and
location(s)shown on Site Maps.
d) All of the product in a container will be used before the container is disposed of. All such
containers will be triple rinsed, with water prior to disposal. The rinse water used in these
containers will be disposed of in a manner in compliance with state and federal regulations
and will not be allowed to mix with stormwater discharges.
e) All products will be stored in and used from the original container with the original product
label.
I) All products will be used in strict compliance with instructions on the product label.
g) The disposal of excess or used products will be in strict compliance with instructions on the
products label.
10. Long-Term Pollutant Controls
Stormwater pollutant control measures installed during construction,that will also provide
stormwater management benefits after construction,include vegetative cover of denuded areas.
The project includes stormwater peak runoff attenuation,flood and channel protection measures
by storing runoff within a subsurface stormwater detention facility for controlled released. The
project also meets its water quality requirements by purchasing offsite nutrient reduction credits
from CBNLT.
C. "Best Management Practices"(BMPs)
Owner has authority to limit surface area of erodible earth material exposed by clearing and grubbing,
excavation,borrow and embankment operations and to direct the General Contractor to provide immediate
permanent or temporary pollution control measures.
During the construction phase,the General Contractor shall implement the following measures:
1) Materials resulting from clearing and grubbing or excavation operations shall be stockpiled up
slope from adequate sedimentation controls. Materials removed to sites beyond the permitted
project area shall be protected with appropriate controls and properly permitted and otherwise
comply with applicable laws,all in accordance with this SWPPP,including Section V.D.below.
2) The General Contractor shall designate areas on the Site Maps for equipment cleaning,
maintenance, and repair. The General Contractor and subcontractors shall utilize such designated
areas. Cleaning,maintenance, and repair areas shall be protected by a temporary perimeter berm,
shall not occur within 150 feet of any waterway,water body or wetland,and in areas located as far
as practical from storm sewer inlets.
3) Use of detergents for large scale washing is prohibited(i.e.vehicles,buildings,pavement surfaces,
etc.).
4) Chemicals. Paints, solvents, fertilizers, and other toxic materials must be stored in waterproof
containers. Except during application,the containers,the contents must be kept in trucks or within
storage facilities. Runoff containing such material must be collected, removed from the site,
treated,and disposed of at an approved solid waste and chemical disposal facility.
D. Material Storage,Import,or Export Activities Outside of Permitted Limits of Disturbance
This section describes roles and responsibilities of General Contractors in verifying and documenting that
activities associated with site construction at material storage, import, or export activities outside of the
Permitted Limits of Disturbance have obtained proper coverage under the NPDES program.
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1) Definitions Applicable to this Section
a) NPDES Industrial Permitted Facility—Any facility that accepts or provides material that
Sari has a current, active National Pollutant Discharge Elimination System (NPDES)
industrial storm water permit. Examples include landfills, sand and gravel operations,
mines,etc.
b) Material — Rock, soil, or other construction materials obtained as part of an earth
disturbing activity.
c) Operational Control - Control over construction plans and specifications, including the
ability to make modifications to those plans and specifications,or day-to-day operational
control of those activities at the Site which are necessary to ensure compliance with the
SWPPP.
d) Off-site—Any area outside the Limits of Disturbance as shown on the Site Maps in the
SWPPP. This is not necessarily the same as the property ownership boundary.
e) Permitted Limits of Disturbance(Permitted Project Area)-Any area of the Site for which
the operator(s) are authorized to disturb the ground surface or conduct construction-
related activities (i.e. areas shown inside the Limits of Disturbance on the Site Maps in
the SWPPP).
f) Site-The location(s)described in this SWPPP and on the associated Site Maps.
VI. INSPECTIONS AND SYSTEM MAINTENANCE
Between the time this SWPPP is implemented and final Notification of Completion has been submitted,all disturbed
areas and pollutant controls must be inspected daily. The purpose of site inspections is to assess performance of
pollutant controls. The inspections will be conducted by the General Contractor's Site Superintendent. Based on
these inspections,the General Contractor will decide whether it is necessary to modify this SWPPP, add or relocate
controls, or revise or implement additional Best Management Practices in order to prevent pollutants from leaving
the site via stormwater runoff. The General Contractor has the duty to cause pollutant control measures to be
repaired, modified, supplemented, or take additional steps as necessary in order to achieve effective pollutant
control. Note: If a BMP is covered by snow, mark the BMP as not applicable and document the reason the BMP
cannot be inspected on the daily report.
Examples of specific items to evaluate during site inspections are listed below. This list is not intended to be
comprehensive. During each inspection, the inspector must evaluate overall pollutant control system performance
as well as particular details of individual system components. Additional factors should be considered as
appropriate to the circumstances. The General Contractor is responsible for measuring and recording site-specific
rainfall amounts.
A. Construction Exit and Track Out
Locations where vehicles enter and exit the site must be inspected for evidence of sediment tracking beyond the
permitted project area. A stabilized construction exit shall be constructed where vehicles enter and exit. Exits
shall be maintained or supplemented with additional rock as necessary to prevent the release of sediment from
vehicles leaving the site. Any sediment deposited on the roadway shall be swept as necessary throughout the
day or at the end of every day and disposed of in an appropriate manner. Sediment shall NOT be washed into
storm sewer systems.
Note to General Contractor: Track out is a sediment release(sediment from the construction site was allowed
beyond the permitted limits of disturbance).
B. Erosion Control Devices
Ikrie Rolled erosion control products (nets,blankets, turf reinforcement mats)and marginally vegetated areas (areas
not meeting required vegetative densities for final stabilization) must be inspected daily. Rolling, rutting and
other signs of erosion indicate the erosion control device is not functioning properly and additional erosion
control devices are warranted.
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C. Sediment Control Devices
Sediment barriers,traps and basins must be inspected and they must be cleaned out at such time as their original
capacity has been reduced by 50 percent. All material excavated from behind sediment barriers or in traps and
basins shall be incorporated into on-site soils or spread out on an upland portion of the site and stabilized. To
minimize the potential for sediment releases from the project site perimeter control devices shall be inspected
with consideration given to changing up-gradient conditions.
D. Material Storage Areas
Material storage areas should be located to minimize exposure to weather. Inspections shall evaluate disturbed
areas and areas used for storing materials that are exposed to rainfall for evidence of, or the potential for,
pollutants entering the drainage system or discharging from the site. If necessary,the materials must be covered
or original covers must be repaired or supplemented. Also,protective berms must be constructed,if needed,in
order to contain runoff from material storage areas. All state and local regulations pertaining to material storage
areas will be adhered to.
E. Vegetation
Consideration must be given to anticipated climate and seasonal conditions when specifying and planting seed.
Seed shall be free of weedy species and appropriate for site soils and regional climate. Seed and mulch per the
construction drawings immediately after topsoil is applied and fmal grade is reached. Grassed areas shall be
inspected to confirm that a healthy stand of grass is maintained. The site has achieved final stabilization once
all areas are covered with building foundation or pavement, or have a stand of grass with a minimum of 70
percent density or greater of natural background cover over the entire vegetated area in accordance with the
General Permit requirements. Vegetated areas must be watered, fertilized, and reseeded as needed to achieve
this requirement. The vegetative density must be maintained through project completion to be considered
stabilized. Areas protected by erosion control blankets are not permanently stabilized until the applicable
General Permit requirement for final vegetative density is achieved.
Rip-rap,mulch,gravel,decomposed granite or other equivalent permanent stabilization measures may be
employed in lieu of vegetation based on site-specific conditions and governing authority approval.
F. Discharge Points
All discharge points must be inspected to determine whether erosion and sediment control measures are
effective in preventing discharge of sediment from the site or impacts to receiving waters.
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VII.APPENDIX
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101)
APPENDIX TABLE OF CONTENTS
Section Appendix
Registration Statement A
Notice of General Permit Cover B
Signed Certification C
Delegation of Authority D
Location Map and NRCS Soils Map E
Sample Inspection Report F
Qualified Persons Responsible for Inspections(General Contractor to Provide) G
Persons Responsible for Pollution Prevention Practices(General Contractor to Provide) H
Erosion and sediment Control Plans and Details(Includes Pollution Prevention Plan) I
VA General Permit No.VAR10
Note: Stormwater Management Report prepared under separate cover
j
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Sr✓
APPENDIX A
Registration Statement
Registration Statement
General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10)
(Please Type or Print All information) sig)
1. Construction Activity Operator: (General permit coverage will be issued to this operator. The Certification in Item#12 must be
signed by the appropriate person associated with this operator.)
Name: Texas Roadhouse Holding.LLC
Contact: Douglas Druen
Mailing Address: 6040 Dutchmans Lane
City: Louisville State: KY Zip: 40205 Phone: 502 515 7264
Email address(if available): doualas.druer,i TexasRoadhouse.com
Indicate if DEQ may transmit general permit correspondence electronically: Yes IZ No❑
2. Existing General Permit Registration Number(for renewals only): N/A
3. Name and Location of the Construction Activity:
Name:Texas Roadhouse—Charlottesville
Address(if available): 455 Albemarle Sauare
City: State: VA Zip: 22901
County(if not located within a City): Albemarle
Latitude(decimal degrees): N 38.0832 Longitude(decimal degrees): W 78.4725
Name and Location of all Off-site Support Activities to be covered under the general permit:
Name:
Address(if available):
City: State: Zip:
County(if not located within a City):
Latitude(decimal degrees): Longitude(decimal degrees):
4. Status of the Construction Activity(check only one): Federal 0 State❑ Public❑ Private Z
5. Nature of the Construction Activity(e.g.,commercial,industrial,residential,agricultural,oil and gas,etc.):
Commercial Redevelopment-Restaurant
Name of the Receiving Water(s)and Hydrologic Unit Code(HUC):
Name: South Fork Rivanna River Name:
HUC: JR-08 HUC:
6. If the discharge is through a Municipal Separate Storm Sewer System(MS4),the name of the MS4 operator:
7. Estimated Project Start and Completion Date:
Start Date(mm/dd/yyyy): 9/05/2016 Completion Date(mm/dd/yyyy): 1/05/2017
8. Total Land Area of Development(to the nearest one-hundredth acre): 0.85
Estimated Area to be Disturbed(to the nearest one-hundredth acre): 0.92
9. Is the area to be disturbed part of a larger common plan of development or sale? Yes Eg No❑
10. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General
VPDES Permit for Discharges of Stormwater from Construction Activities prior to submitting this Registration Statement.
By signing this Registration Statement the operator is certifying that the SWPPP has been prepared.
11. 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 impris meet for knowing violations."
Printed Name:� Title: • ►r. t. t i1_ i Tr-
Signature: Date: f /8 /6
{Please sign in INK. his Certification must be signed by the appropriate person associated with the operator identified in j
Item#1.)
01/2014 Page 1 of 1
APPENDIX B
Notice of General Permit Cover
%`iw
APPENDIX C
Signed Certification
„,„
}
9
insert coverage letter here
when available
`..
CERTIFICATION
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
Owner/Operator Name:
Company: R OaCt 16 . ' at 1.. U
Title: c R/t NO. r' �� $ 10
Signature:
Date:
Issued— 10/2014 Stormwater Pollution Prevention Plan (SWPPP) Albemarle County
14`%11r'
APPENDIX D
Delegation of Authority
err+
(Provide the persons or positions with authority to sign inspection reports or to modify the stormwater pollution
prevention plan. A formal, signed delegation of authority is needed.)
Delegation of Authority
I, (name), hereby designate the person or specifically described position
below to be a duly authorized representative for the purpose of overseeing compliance with environmental
requirements,including the Construction General Permit,at the Texas Roadhouse-Charlottesville-455
Albemarle Sauare, construction site. The designee is authorized to sign any reports,stormwater
pollution prevention plans and all other documents required by the permit.
(name of person or position)
(company)
(address)
(city,state,zip)
(phone)
By signing this authorization, I confirm that I meet the requirements to make such a designation as set forth in
the Construction General Permit (CGP),and that the designee above meets the definition of a "duly
authorized representative".
Operator Name:
Company:
Title:
Signature:
Date:
Issued— 10/2014 Stormwater Pollution Prevention Plan(SWPPP)Albemarle County
APPENDIX E
Location Map and NRCS Soils Map
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Soil Map—Albemarle County,Virginia THR CHARLOTSVILLE VA
Map Unit Legend
Albemarle County,Virginia(VA003)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
27B Elioak loam,2 to 7 percent 1.8 33.7%
slopes
34C Glenelg loam,7 to 15 percent 3.3 63.7%
slopes
MD Glenelg loam, 15 to 25 percent 0.1 2.6%
slopes
Totals for Area of Interest 5.2 100.0%
USDA Natural Resources Web Soil Survey 2/4/2016
Conservation Service National Cooperative Soil Survey Page 3 of 3
Map Unit Description:Elioak loam,2 to 7 percent slopes—Albemarle County,Virginia THR CHARLOTSVILLE VA
Same
Albemarle County, Virginia
27B—Elioak loam, 2 to 7 percent slopes
Map Unit Setting
National map unit symbol: kb8y
Mean annual precipitation: 25 to 65 inches
Mean annual air temperature: 54 to 59 degrees F
Frost-free period: 195 to 231 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Elioak and similar soils: 80 percent
Estimates are based on observations,descriptions,and transects of the
mapunit.
Description of Elioak
Setting
Landform: Hillslopes
Landform position(two-dimensional): Summit
Landform position (three-dimensional): Interfluve
Down-slope shape: Convex
Across-slope shape: Convex
,, Parent material: Residuum weathered from mica schist
Typical profile
H1 -0 to 8 inches: loam
H2-8 to 39 inches: silty clay
H3-39 to 79 inches: silt loam
Properties and qualities
Slope: 2 to 7 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water(Ksat):
Moderately high to high (0.20 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate(about 6.6 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification(nonirrigated): 2e
ailNatural Resources Web Soil Survey 2/4/2016
Conservation Service National Cooperative Soil Survey Page 1 of 2
Map Unit Description:Elioak loam,2 to 7 percent slopes—Albemarle County,Virginia THR CHARLOTSVILLE VA
.411
Hydrologic Soil Group: B
Data Source Information
Soil Survey Area: Albemarle County,Virginia
Survey Area Data: Version 10, Dec 11, 2013
`416/
galNatural Resources Web Soil Survey 2/4/2016
Conservation Service National Cooperative Soil Survey Page 2 of 2
Map Unit Description:Glenelg loam,7 to 15 percent slopes—Albemarle County,Virginia THR CHARLOTSVILLE VA
Skari
Albemarle County, Virginia
34C—Glenelg loam, 7 to 15 percent slopes
Map Unit Setting
National map unit symbol: kb9I
Mean annual precipitation: 25 to 65 inches
Mean annual air temperature: 54 to 59 degrees F
Frost-free period: 195 to 231 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Glenelg and similar soils: 85 percent
Estimates are based on observations, descriptions,and transects of the
mapunit.
Description of Glenelg
Setting
Landform: Hillsiopes
Landform position(two-dimensional): Summit
Landform position (three-dimensional): Intemfluve
Down-slope shape: Convex
Across-slope shape: Convex
Stasi Parent material: Residuum weathered from mica schist
Typical profile
H1 -0 to 8 inches: loam
H2-8 to 28 inches: silty clay loam
H3-28 to 80 inches: loam
Properties and qualities
Slope: 7 to 15 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water(Ksat):
Moderately high to high (0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in pmfile: High (about 9.7 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3e
ga Natural Resources Web Soil Survey 2/4/2016
Conservation Service National Cooperative Soil Survey Page 1 of 2
Map Unit Description:Glenelg loam,7 to 15 percent slopes—Albemarle County,Virginia THR CHARLOTSVILLE VA
Hydrologic Soil Group: B
Data Source Information
Soil Survey Area: Albemarle County,Virginia
Survey Area Data: Version 10, Dec 11, 2013
Natural Resources Web Soil Survey 2/4/2016
Conservation Service National Cooperative Soil Survey Page 2 of 2
rr'
APPENDIX F
Sample Inspection Report
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APPENDIX G
Qualified Persons Responsible for Inspections
(General Contractor to Provide)
Qualified persons responsible for Inspections of pollution prevention practices
The following personnel are responsible for inspections;
Name:
Qualifications:
Company:
Address:
Telephone:
Email:
Name:
Qualifications:
Company:
Address:
Telephone:
Email:
Name:
Qualifications: •
Company:
Address:
Telephone:
Email:
Sore
APPENDIX H
Persons Responsible for Pollution Prevention Practices
(General Contractor to Provide)
Persons responsible for pollution prevention practices
Name:
Company:
Address:
Telephone:
Email:
Name:
Company:
Address:
Telephone:
Email:
sid)
Name:
Company:
Address:
Telephone:
Email:
APPENDIX I
Erosion and sediment Control Plans and Details
(Includes Pollution Prevention Plan)
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APPENDIX J
VA General Permit No.VAR10
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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
re' Virginia, except those specifically named in State Water Control Board regulations that prohibit such
discharges.
The authorized discharge shall be in accordance with this cover page, Part I - Discharge Authorization
and Special Conditions, Part II - Stormwater Pollution Prevention Plan, and Part III - Conditions
Applicable to All VPDES Permits as set forth herein.
General Permit No.:VAR10
Page 1 of 21
PART I
DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS !
A. Coverage under this general permit.
1. During the period beginning with the date of coverage under this general permit and lasting until the
general permit's expiration date, the operator is authorized to discharge stormwater from construction
activities.
2. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or
asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal
areas, borrow areas)located on-site or off-site provided that:
a. The support activity is directly related to the construction activity that is required to have general
permit coverage for discharges of stormwater from construction activities;
b. The support activity is not a commercial operation, nor does it serve multiple unrelated
construction activities by different operators;
c. The support activity does not operate beyond the completion of the last construction activity it
supports;
d. The support activity is identified in the registration statement at the time of general permit
coverage;
e. Appropriate control measures are identified in a stormwater pollution prevention plan and
implemented to address the discharges from the support activity areas; and
f. All applicable state,federal, and local approvals are obtained for the support activity.
B. Limitations on coverage.
1. Post-construction discharges. This general permit does not authorize stormwater discharges that
originate from the site after construction activities have been completed and the site, including any
support activity sites covered under the general permit registration, has undergone final stabilization.
Post-construction industrial stormwater discharges may need to be covered by a separate VPDES
permit.
2. Discharges mixed with nonstormwater. This general permit does not authorize discharges that are
mixed with sources of nonstormwater, other than those discharges that are identified in Part I E
(Authorized nonstormwater discharges)and are in compliance with this general permit.
3. Discharges covered by another state permit. This general permit does not authorize discharges of
stormwater from construction activities that have been covered under an individual permit or required
to obtain coverage under an alternative general permit.
4. Impaired waters and TMDL limitation. Discharges of stormwater from construction activities to surface
waters identified as impaired in the 2012 § 305(b)/303(d) Water Quality Assessment Integrated
Report or for which a TMDL wasteload allocation has been established and approved prior to the
term of this general permit for (i) sediment or a sediment-related parameter (i.e., total suspended
solids or turbidity)or(ii)nutrients(i.e., nitrogen or phosphorus)are not eligible for coverage under this
general permit unless the operator develops, implements, and maintains a SWPPP that minimizes
the pollutants of concern and, when applicable, is consistent with the assumptions and requirements
of the approved TMDL wasteload allocations. In addition, the operator shall implement the following
items:
General Permit No.: VAR10
Page 2 of 21
a. The impaired water(s), approved TMDL(s), and pollutant(s) of concern, when applicable, shall be
vire
identified in the SWPPP;
b. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days
after final grade is reached on any portion of the site;
c. Nutrients shall be applied in accordance with manufacturer's recommendations or an approved
nutrient management plan and shall not be applied during rainfall events; and
d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as
follows:
(1) Inspections shall be conducted at a frequency of(i) at least once every four business days or
(ii) at least once every five business days and no later than 48 hours following a measurable
storm event. In the event that a measurable storm event occurs when there are more than 48
hours between business days, the inspection shall be conducted on the next business day;
and
(2) Representative inspections used by utility line installation, pipeline construction, or other
similar linear construction activities shall inspect all outfalls discharging to surface waters
identified as impaired or for which a TMDL wasteload allocation has been established and
approved prior to the term of this general permit.
5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously
covered under the general permit issued in 2009 to exceptional waters identified in 9VAC25-260-30 A
3 c are not eligible for coverage under this general permit unless the operator implements the
following:
a. The exceptional water(s)shall be identified in the SWPPP;
b. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days
after final grade is reached on any portion of the site;
c. Nutrients shall be applied in accordance with manufacturer's recommendations or an approved
nutrient management plan and shall not be applied during rainfall events; and
d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as
follows:
(1) Inspections shall be conducted at a frequency of(i) at least once every four business days or
(ii) at least once every five business days and no later than 48 hours following a measurable
storm event. In the event that a measurable storm event occurs when there are more than 48
hours between business days, the inspection shall be conducted on the next business day;
and
(2) Representative inspections used by utility line installation, pipeline construction, or other
similar linear construction activities shall inspect all outfalls discharging to exceptional waters.
6. There shall be no discharge of floating solids or visible foam in other than trace amounts.
C. Commingled discharges. Discharges authorized by this general permit may be commingled with other
sources of stormwater that are not required to be covered under a state permit, so long as the
commingled discharge is in compliance with this general permit. Discharges authorized by a separate
' rr_ state or VPDES permit may be commingled with discharges authorized by this general permit so long as
all such discharges comply with all applicable state and VPDES permit requirements.
General Permit No.:VAR10
Page 3 of 21
D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C, and I E, all discharges
covered by this general permit shall be composed entirely of stormwater associated with construction
activities.All other discharges including the following are prohibited:
1. Wastewater from washout of concrete;
2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds,
and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
4. Oils, toxic substances, or hazardous substances from spills or other releases; and
5. Soaps, solvents, or detergents used in equipment and vehicle washing.
E. Authorized nonstormwater discharges. The following nonstormwater discharges from construction
activities are authorized by this general permit when discharged in compliance with this general permit:
1. Discharges from firefighting activities;
2. Fire hydrant flushings;
3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been
used and the wash water has been filtered, settled, or similarly treated prior to discharge;
4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge;
5. Potable water sources, including uncontaminated waterline flushings; '4
6. Routine external building wash down where soaps, solvents or detergents have not been used and
the wash water has been filtered, settled, or similarly treated prior to discharge;
7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (or
where all spilled or leaked material has been removed prior to washing); where soaps, solvents, or
detergents have not been used; and where the wash water has been filtered, settled, or similarly
treated prior to discharge;
8. Uncontaminated air conditioning or compressor condensate;
9. Uncontaminated ground water or spring water;
10. Foundation or footing drains where flows are not contaminated with process materials such as
solvents;
11. Uncontaminated excavation dewatering, including dewatering of trenches and excavations that have
been filtered, settled, or similarly treated prior to discharge; and
12. Landscape irrigation.
F. Termination of general permit coverage.
1. The operator of the construction activity shall submit a notice of termination in accordance with
9VAC25-880-60 to the VSMP authority after one or more of the following conditions have been met:
General Permit No.: VAR10
Page 4 of 21
a. Necessary permanent control measures included in the SWPPP for the site are in place and
functioning effectively and final stabilization has been achieved on all portions of the site for which
the operator is responsible. When applicable, long term responsibility and maintenance
requirements shall be recorded in the local land records prior to the submission of a notice of
termination;
b. Another operator has assumed control over all areas of the site that have not been finally
stabilized and obtained coverage for the ongoing discharge;
c. Coverage under an alternative VPDES or state permit has been obtained; or
d. For residential construction only, temporary soil stabilization has been completed and the
residence has been transferred to the homeowner.
2. The notice of termination should be submitted no later than 30 days after one of the above conditions
in subdivision 1 of this subsection is met. Authorization to discharge terminates at midnight on the
date that the notice of termination is submitted for the conditions set forth in subdivisions 1 b through
1 d of this subsection. Termination of authorizations to discharge for the conditions set forth in
subdivision 1 a of this subsection shall be effective upon notification from the department that the
provisions of subdivision 1 a of this subsection have been met or 60 days after submittal of the notice
of termination,whichever occurs first.
3. The notice of termination shall be signed in accordance with Part Ill 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
%woe the operator's discharge does not cause or contribute to an excursion above any applicable water
die quality standard.
2. If it is determined by the department that the operator's discharges are causing, have reasonable
potential to cause, or are contributing to an excursion above any applicable water quality standard,
the department, in consultation with the VSMP authority, may take appropriate enforcement action
and require the operator to:
a. Modify or implement additional control measures in accordance with Part II B to adequately
address the identified water quality concerns;
b. Submit valid and verifiable data and information that are representative of ambient conditions and
indicate that the receiving water is attaining water quality standards; or
c. Submit an individual permit application in accordance with 9VAC25-870-410 B 3.
All written responses required under this chapter must include a signed certification consistent with Part
III K.
General Permit No.: VAR10
Page 5 of 21
PART II
STORMWATER POLLUTION PREVENTION PLAN `,,.
A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a
registration statement and implemented for the construction activity, including any support activity,
covered by this general permit. SWPPPs shall be prepared in accordance with good engineering
practices. Construction activities that are part of a larger common plan of development or sale and disturb
less than one acre may utilize a SWPPP template provided by the department and need not provide a
separate stormwater management plan if one has been prepared and implemented for the larger
common plan of development or sale.
The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans
such as a spill prevention control and countermeasure (SPCC) plan developed for the site under§ 311 of
the federal Clean Water Act or best management practices (BMP) programs otherwise required for the
facility provided that the incorporated plan meets or exceeds the SWPPP requirements of Part II A. All
plans incorporated by reference into the SWPPP become enforceable under this general permit. If a plan
incorporated by reference does not contain all of the required elements of the SWPPP, the operator must
develop the missing elements and include them in the SWPPP.
Any operator that was authorized to discharge under the general permit issued in 2009, and that intends
to continue coverage under this general permit, shall update its stormwater pollution prevention plan to
comply with the requirements of this general permit no later than 60 days after the date of coverage under
this general permit.
A. Stormwater pollution prevention plan contents. The SWPPP shall include the following items:
1. General information.
a. A signed copy of the registration statement, if required, for coverage under the general VPDES `'b
permit for discharges of stomiwater from construction activities;
b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of
stomiwater from construction activities(i.e., notice of coverage letter);
c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from construction
activities;
d. A narrative description of the nature of the construction activity, including the function of the
project(e.g., low density residential, shopping mall, highway, etc.);
e. A legible site plan identifying:
(1) Directions of stormwater flow and approximate slopes anticipated after major grading
activities;
(2) Limits of land disturbance including steep slopes and natural buffers around surface waters
that will not be disturbed;
(3) Locations of major structural and nonstructural control measures, including sediment basins
and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or
similarly treat sediment, that will be installed between disturbed areas and the undisturbed
vegetated areas in order to increase sediment removal and maximize stormwater infiltration;
(4) Locations of surface waters;
General Permit No.: VAR10
Page 6 of 21
(5) Locations where concentrated stormwater is discharged;
w✓
did (6) Locations of support activities, when applicable and when required by the VSMP authority,
including but not limited to (i) areas where equipment and vehicle washing, wheel wash
water, and other wash water is to occur; (ii)storage areas for chemicals such as acids, fuels,
fertilizers, and other lawn care chemicals; (iii) concrete wash out areas; (iv) vehicle fueling
and maintenance areas; (v) sanitary waste facilities, including those temporarily placed on
the construction site; and (vi)construction waste storage; and
(7) When applicable, the location of the on-site rain gauge or the methodology established in
consultation with the VSMP authority used to identify measurable storm events for inspection
purposes.
2. Erosion and sediment control plan.
a. An erosion and sediment control plan approved by the VESCP authority as authorized under the
Erosion and Sediment Control Regulations (9VAC25-840), an "agreement in lieu of a plan" as
defined in 9VAC25-840-10 from the VESCP authority, or an erosion and sediment control plan
prepared in accordance with annual standards and specifications approved by the department.
Any operator proposing a new stormwater discharge from construction activities that is not
required to obtain erosion and sediment control plan approval from a VESCP authority or does
not adopt department-approved annual standards and specifications shall submit the erosion and
sediment control plan to the department for review and approval.
b. All erosion and sediment control plans shall include a statement describing the maintenance
responsibilities required for the erosion and sediment controls used.
c. A properly implemented approved erosion and sediment control plan, "agreement in lieu of a
%✓ plan," or erosion and sediment control plan prepared in accordance with department-approved
ide annual standards and specifications, that adequately:
(1) Controls the volume and velocity of stormwater runoff within the site to minimize soil erosion;
(2) Controls stormwater discharges, including peak flow rates and total stormwater volume, to
minimize erosion at outlets and to minimize downstream channel and stream bank erosion;
(3) Minimizes the amount of soil exposed during the construction activity;
(4) Minimizes the disturbance of steep slopes;
(5) Minimizes sediment discharges from the site in a manner that addresses (i) the amount,
frequency, intensity, and duration of precipitation; (ii) the nature of resulting stormwater
runoff; and (iii) soil characteristics, including the range of soil particle sizes present on the
site;
(6) Provides and maintains natural buffers around surface waters, directs stormwater to
vegetated areas to increase sediment removal, and maximizes stormwater infiltration, unless
infeasible;
(7) Minimizes soil compaction and, unless infeasible, preserves topsoil;
(8) Ensures that stabilization of disturbed areas will be initiated immediately whenever any
clearing, grading, excavating, or other land-disturbing activities have permanently ceased on
any portion of the site, or temporarily ceased on any portion of the site and will not resume for
a period exceeding 14 days; and
General Permit No.:VAR10
Page 7 of 21
(9) Utilizes outlet structures that withdraw stormwater from the surface (i.e., above the
permanent pool or wet storage water surface elevation), unless infeasible, when discharging
Srrrr
from sediment basins or sediment traps.
3. Stormwater management plan.
a. New construction activities. A stormwater management plan approved by the VSMP authority as
authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-
870), or an "agreement in lieu of a stormwater management plan" as defined in 9VAC25-870-10
from the VSMP authority, or a stormwater management plan prepared in accordance with annual
standards and specifications approved by the department. Any operator proposing a new
stormwater discharge from construction activities that is not required to obtain stormwater
management plan approval from a VSMP authority or does not adopt department-approved
annual standards and specifications shall submit the stormwater management plan to the
department for review and approval.
b. Existing construction activities. Any operator that was authorized to discharge under the general
permit issued in 2009, and that intends to continue coverage under this general permit, shall
ensure compliance with the requirements of 9VAC25-870-93 through 9VAC25-870-99 of the
VSMP Regulation, including but not limited to the water quality and quantity requirements. The
SWPPP shall include a description of, and all necessary calculations supporting, all post-
construction stormwater management measures that will be installed prior to the completion of
the construction process to control pollutants in stormwater discharges after construction
operations have been completed. Structural measures should be placed on upland soils to the
degree possible. Such measures must be designed and installed in accordance with applicable
VESCP authority, VSMP authority, state, and federal requirements, and any necessary permits
must be obtained.
4. Pollution prevention plan. A pollution prevention plan that addresses potential pollutant-generating *441111)
activities that may reasonably be expected to affect the quality of stormwater discharges from the
construction activity, including any support activity. The pollution prevention plan shall:
a. Identify the potential pollutant-generating activities and the pollutant that is expected to be
exposed to stormwater;
b. Describe the location where the potential pollutant-generating activities will occur, or if identified
on the site plan, reference the site plan;
c. Identify all nonstormwater discharges, as authorized in Part I E of this general permit, that are or
will be commingled with stormwater discharges from the construction activity, including any
applicable support activity;
d. Identify the person responsible for implementing the pollution prevention practice or practices for
each pollutant-generating activity(if other than the person listed as the qualified personnel);
e. Describe the pollution prevention practices and procedures that will be implemented to:
(1) Prevent and respond to leaks, spills, and other releases including (i) procedures for
expeditiously stopping, containing, and cleaning up spills, leaks, and other releases; and (ii)
procedures for reporting leaks, spills, and other releases in accordance with Part III G;
(2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling and
maintenance activities (e.g., providing secondary containment such as spill berms, decks,
spill containment pallets, providing cover where appropriate, and having spill kits readily
available);
General Permit No.:VAR10
Page 8 of 21
(3) Prevent the discharge of soaps, solvents, detergents, and wash water from construction
materials, including the clean-up of stucco, paint, form release oils, and curing compounds
Awe
(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,
%rr and sanitary wastes; and
(8) Address any other discharge from the potential pollutant-generating activities not addressed
above; and
f. Describe procedures for providing pollution prevention awareness of all applicable wastes,
including any wash water, disposal practices, and applicable disposal locations of such wastes, to
personnel in order to comply with the conditions of this general permit. The operator shall
implement the procedures described in the SWPPP.
5. SWPPP requirements for discharges to impaired waters, surface waters with an applicable TMDL
wasteload allocation established and approved prior to the term of this general permit, and
exceptional waters. The SWPPP shall:
a. Identify the impaired water(s), approved TMDL(s), pollutant(s)of concern, and exceptional waters
identified in 9VAC25-260-30 A 3 c, when applicable;
b. Provide clear direction that:
(1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven
days after final grade is reached on any portion of the site;
(2) Nutrients shall be applied in accordance with manufacturer's recommendations or an
approved nutrient management plan and shall not be applied during rainfall events; and
(3) A modified inspection schedule shall be implemented in accordance with Part I B 4 or Part I B
5.
General Permit No.:VAR10
Page 9 of 21
6. Qualified personnel. The name, phone number, and qualifications of the qualified personnel
conducting inspections required by this general permit.
7. Delegation of authority. The individuals or positions with delegated authority, in accordance with Part
III K,to sign inspection reports or modify the SWPPP.
8. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K.
B. SWPPP amendments, modification, and updates.
1. The operator shall amend the SWPPP whenever there is a change in the design, construction,
operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters
and that has not been previously addressed in the SWPPP.
2. The SWPPP must be amended if, during inspections or investigations by the operator's qualified
personnel, or by local, state, or federal officials, it is determined that the existing control measures are
ineffective in minimizing pollutants in discharges from the construction activity. Revisions to the
SWPPP shall include additional or modified control measures designed and implemented to correct
problems identified. If approval by the VESCP authority, VSMP authority, or department is necessary
for the control measure, revisions to the SWPPP shall be completed no later than seven calendar
days following approval. Implementation of these additional or modified control measures must be
accomplished as described in Part II G.
3. The SWPPP must clearly identify the contractor(s) that will implement and maintain each control
measure identified in the SWPPP. The SWPPP shall be amended to identify any new contractor that
will implement and maintain a control measure.
4. The operator shall update the SWPPP no later than seven days following any modification to its
implementation. All modifications or updates to the SWPPP shall be noted and shall include the *440
following items: Nik
a. A record of dates when:
(1) Major grading activities occur;
(2) Construction activities temporarily or permanently cease on a portion of the site; and
(3) Stabilization measures are initiated;
b. Documentation of replaced or modified controls where periodic inspections or other information
have indicated that the controls have been used inappropriately or incorrectly and where modified
as soon as possible;
c. Areas that have reached final stabilization and where no further SWPPP or inspection
requirements apply;
d. All properties that are no longer under the legal control of the operator and the dates on which the
operator no longer had legal control over each property;
e. The date of any prohibited discharges, the discharge volume released, and what actions were
taken to minimize the impact of the release;
f. Measures taken to prevent the reoccurrence of any prohibited discharge; and
g. Measures taken to address any evidence identified as a result of an inspection required under
Part II F.
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Page 10 of 21
5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part Ill K.
4.01
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.
Stile a. Inspections shall be conducted at a frequency of:
General Permit No.:VAR10
Page 11 of 21
(1) At least once every five business days; or '4421. sow
(2) At least once every 10 business days and no later than 48 hours following a measurable
storm event. In the event that a measurable storm event occurs when there are more than 48
hours between business days, the inspection shall be conducted no later than the next
business day.
b. Where areas have been temporarily stabilized or land-disturbing activities will be suspended due
to continuous frozen ground conditions and stormwater discharges are unlikely, the inspection
frequency may be reduced to once per month. If weather conditions (such as above freezing
temperatures or rain or snow events) make discharges likely, the operator shall immediately
resume the regular inspection frequency.
c. Representative inspections may be utilized for utility line installation, pipeline construction, or
other similar linear construction activities provided that:
(1) Temporary or permanent soil stabilization has been installed and vehicle access may
compromise the temporary or permanent soil stabilization and potentially cause additional
land disturbance increasing the potential for erosion;
(2) Inspections occur on the same frequency as other construction activities;
(3) Control measures are inspected along the construction site 0.25 miles above and below each
access point (i.e., where a roadway, undisturbed right-of-way, or other similar feature
intersects the construction activity and access does not compromise temporary or permanent
soil stabilization); and
(4) Inspection locations are provided in the report required by Part II F. '`r/
3. Inspection requirements.
a. As part of the inspection, the qualified personnel shall:
(1) Record the date and time of the inspection and when applicable the date and rainfall amount
of the last measurable storm event;
(2) Record the information and a description of any discharges occurring at the time of the
inspection;
(3) Record any land-disturbing activities that have occurred outside of the approved erosion and
sediment control plan;
(4) Inspect the following for installation in accordance with the approved erosion and sediment
control plan, identification of any maintenance needs, and evaluation of effectiveness in
minimizing sediment discharge, including whether the control has been inappropriately or
incorrectly used:
(a) All perimeter erosion and sediment controls, such as silt fence;
(b) Soil stockpiles, when applicable, and borrow areas for stabilization or sediment trapping
measures;
(c) Completed earthen structures, such as dams, dikes, ditches, and diversions for
stabilization;
General Permit No.:VAR10
Page 12 of 21
(d) Cut and fill slopes;
,rrvire (e) Sediment basins and traps, sediment barriers, and other measures installed to control
sediment discharge from stormwater;
(f) Temporary or permanent channel, flume, or other slope drain structures installed to
convey concentrated runoff down cut and fill slopes;
(g) Storm inlets that have been made operational to ensure that sediment laden stormwater
does not enter without first being filtered or similarly treated; and
(h) Construction vehicle access routes that intersect or access paved roads for minimizing
sediment tracking;
(5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days
for initiation of stabilization activities;
(6) Inspect areas that have reached final grade or that will remain dormant for more than 14 days
for completion of stabilization activities within seven days of reaching grade or stopping work;
(7) Inspect for evidence that the approved erosion and sediment control plan, "agreement in lieu
of a plan," or erosion and sediment control plan prepared in accordance with department-
approved annual standards and specifications has not been properly implemented. This
includes but is not limited to:
(a) Concentrated flows of stormwater in conveyances such as rills, rivulets or channels that
have not been filtered, settled, or similarly treated prior to discharge, or evidence thereof;
(b) Sediment laden or turbid flows of stormwater that have not been filtered or settled to
✓ remove sediments prior to discharge;
(c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins
that discharge to surface waters. Inlets and catch basins with failing sediments controls
due to improper installation, lack of maintenance, or inadequate design are considered
unprotected;
(d) Sediment deposition on any property (including public and private streets) outside of the
construction activity covered by this general permit;
(e) Required stabilization has not been initiated or completed on portions of the site;
(f) Sediment basins without adequate wet or dry storage volume or sediment basins that
allow the discharge of stormwater from below the surface of the wet storage portion of
the basin;
(g) Sediment traps without adequate wet or dry storage or sediment traps that allow the
discharge of stormwater from below the surface of the wet storage portion of the trap;
and
(h) Land disturbance outside of the approved area to be disturbed;
(8) Inspect pollutant generating activities identified in the pollution prevention plan for the proper
implementation, maintenance and effectiveness of the procedures and practices;
(9) Identify any pollutant generating activities not identified in the pollution prevention plan; and
General Permit No.:VAR10
Page 13 of 21
(10) Identify and document the presence of any evidence of the discharge of pollutants prohibited
by this general permit.
Now
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. Now
The inspection report and any actions taken in accordance with Part II must be retained by the operator
as part of the SWPPP for at least three years from the date that general permit coverage expires or is
terminated. The inspection report shall identify any incidents of noncompliance. Where an inspection
report does not identify any incidents of noncompliance, the report shall contain a certification that the
construction activity is in compliance with the SWPPP and this general permit. The report shall be signed
in accordance with Part III K of this general permit.
G. Corrective actions.
1. The operator shall implement the corrective action(s)identified as a result of an inspection as soon as
practicable but no later than seven days after discovery or a longer period as approved by the VSMP
authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP
authority, or the department) is necessary, additional control measures shall be implemented to
minimize pollutants in stormwater discharges until such approvals can be obtained.
2. The operator may be required to remove accumulated sediment deposits located outside of the
construction activity covered by this general permit as soon as practicable in order to minimize
environmental impacts. The operator shall notify the VSMP authority and the department as well as
obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the
removal of sediments accumulated in surface waters including wetlands.
General Permit No.: VAR10
Page 14 of 21
PART III
Atiro' 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(1VAC30-45 or 1VAC30-46).
3. The operator shall periodically calibrate and perform maintenance procedures on all monitoring and
analytical instrumentation at intervals that will ensure accuracy of measurements.
B. Records.
1. Monitoring records and reports shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
die
c. The date(s)and time(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The operator shall retain records of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this general permit, and records of all data used to complete the
registration statement for this general permit, for a period of at least three years from the date of the
sample, measurement, report or request for coverage. This period of retention shall be extended
automatically during the course of any unresolved litigation regarding the regulated activity or
regarding control standards applicable to the operator, or as requested by the board.
C. Reporting monitoring results.
1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in
accordance with this general permit, unless another reporting schedule is specified elsewhere in this
general permit.
2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided,
approved or specified by the department; or in any format provided that the date, location, parameter,
method, and result of the monitoring activity are included.
General Permit No.:VAR10
Page 15 of 21
3. If the operator monitors any pollutant specifically addressed by this general permit more frequently
than required by this general permit using test procedures approved under 40 CFR Part 136 or using
other test procedures approved by the U.S. Environmental Protection Agency or using procedures '44411° 't
specified in this general permit, the results of this monitoring shall be included in the calculation and
reporting of the data submitted in the DMR or reporting form specified by the department.
4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic
mean unless otherwise specified in this general permit.
D. Duty to provide information.The operator shall furnish,within a reasonable time, any information which
the board may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this general permit or to determine compliance with this general permit. The board,
department, EPA, or VSMP authority may require the operator to furnish, upon request, such plans,
specifications, and other pertinent information as may be necessary to determine the effect of the wastes
from his discharge on the quality of surface waters, or such other information as may be necessary to
accomplish the purposes of the CWA and the Virginia Stormwater Management Act. The operator shall
also furnish to the board, department, EPA, or VSMP authority, upon request, copies of records required
to be kept by this general permit.
E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports
on, interim and final requirements contained in any compliance schedule of this general permit shall be
submitted no later than 14 days following each schedule date.
F. Unauthorized stormwater discharges. Pursuant to § 62.1-44.5 of the Code of Virginia, except in
compliance with a state permit issued by the department, it shall be unlawful to cause a stormwater
discharge from a construction activity.
G. Reports of unauthorized discharges. Any operator who discharges or causes or allows a discharge of
sewage, industrial waste, other wastes or any noxious or deleterious substance or a hazardous
substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 `''a
CFR Part 110,40 CFR Part 117, 40 CFR Part 302, or§ 62.1-44.34:19 of the Code of Virginia that occurs
during a 24-hour period into or upon surface waters or who discharges or causes or allows a discharge
that may reasonably be expected to enter surface waters, shall notify the Department of Environmental
Quality of the discharge immediately upon discovery of the discharge, but in no case later than within 24
hours after said discovery. A written report of the unauthorized discharge shall be submitted to the
department and the VSMP authority within five days of discovery of the discharge. The written report shall
contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to continue;
7. If the discharge is continuing, what the expected total volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or
any future discharges not authorized by this general permit.
General Permit No.:VAR10
Page 16 of 21
Discharges reportable to the department and the VSMP authority under the immediate reporting
requirements of other regulations are exempted from this requirement.
..r'
H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a
"bypass" or "upset," as defined herein, should occur from a facility and the discharge enters or could be
expected to enter surface waters, the operator shall promptly notify, in no case later than within 24 hours,
the department and the VSMP authority by telephone after the discovery of the discharge. This
notification shall provide all available details of the incident, including any adverse effects on aquatic life
and the known number of fish killed. The operator shall reduce the report to writing and shall submit it to
the department and the VSMP authority within five days of discovery of the discharge in accordance with
Part III 12. Unusual and extraordinary discharges include but are not limited to any discharge resulting
from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service of some or all of the facilities; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect
surface waters or may endanger public health.
1. An oral report to the department and the VSMP authority shall be provided within 24 hours from the
time the operator becomes aware of the circumstances. The following shall be included as
information that shall be reported within 24 hours under this subdivision:
a. Any unanticipated bypass; and
b. Any upset that causes a discharge to surface waters.
2. A written report shall be submitted within five days and shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates and times, and if the noncompliance has not
been corrected,the anticipated time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The department may waive the written report on a case-by-case basis for reports of noncompliance
under Part III I if the oral report has been received within 24 hours and no adverse impact on surface
waters has been reported.
3. The operator shall report all instances of noncompliance not reported under Part III 11 or 2 in writing
as part of the SWPPP. The reports shall contain the information listed in Part III 12.
NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP
authority. Reports may be made by telephone, email, or by fax. For reports outside normal working hours,
leaving a recorded message shall fulfill the immediate reporting requirement. For emergencies, the
Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-
8892.
General Permit No.: VAR10
Page 17 of 21
4. Where the operator becomes aware of a failure to submit any relevant facts, or submittal of incorrect
information in any report, including a registration statement, to the department or the VSMP authority,
the operator shall promptly submit such facts or correct information. *4111 ►
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 14116,
manufacturing, production, or operating facilities, provided the manager is authorized to make
management decisions that govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations, and initiating and
directing other comprehensive measures to assure long-term compliance with environmental laws
and regulations; the manager can ensure that the necessary systems are established or actions
taken to gather complete and accurate information for state permit application requirements; and
where authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public agency: by either a principal executive officer or
ranking elected official. For purposes of this chapter, a principal executive officer of a public
agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer
having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by this general permit, including SWPPPs, and other information
requested by the board or the department shall be signed by a person described in Part Ill K 1 or by a
duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described in Part Ill K 1;
b. The authorization specifies either an individual or a position having responsibility for the overall
operation of the regulated facility or activity such as the position of plant manager, operator of a
well or a well field, superintendent, position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the operator. (A duly authorized
General Permit No.:VAR10
Page 18 of 21
representative may thus be either a named individual or any individual occupying a named
position); and
c. The signed and dated written authorization is included in the SWPPP.A copy must be provided to
the department and VSMP authority, if requested.
3. Changes to authorization. If an authorization under Part Ill 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 Ill 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 Ill 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
,o 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.
*trr'
General Permit No.: VAR10
Page 19 of 21
Q. Proper operation and maintenance. The operator shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances), which are installed or used
by the operator to achieve compliance with the conditions of this general permit. Proper operation and Nor *410,,,,
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.
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Page 20 of 21
b. The department may approve an anticipated bypass, after considering its adverse effects, if the
department determines that it will meet the three conditions listed in Part 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 controlof 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
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d. The operator complied with any remedial measures required under Part III S.
5. In any enforcement proceeding, the operator seeking to establish the occurrence of an upset has the
burden of proof.
W. Inspection and entry. The operator shall allow the department as the board's designee, the VSMP
authority, EPA, or an authorized representative of either entity (including an authorized contractor), upon
presentation of credentials and other documents as may be required by law to:
1. Enter upon the operator's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this general permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of
this general permit;
3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this general permit; and
4. Sample or monitor at reasonable times, for the purposes of ensuring state permit compliance or as
otherwise authorized by the Clean Water Act or the Virginia Stormwater Management Act, any
substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business
hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection
unreasonable during an emergency.
General Permit No.:VAR10
Page 21 of 21
X. State permit actions. State permits may be modified, revoked and reissued, or terminated for cause.
The filing of a request by the operator for a state permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not stay any state
permit condition.
Y. Transfer of state permits.
1. State permits are not transferable to any person except after notice to the department. Except as
provided in Part 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.
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