Any owner whose registration statement is accepted by the director will receive the following general permit and shall comply with the requirements therein and be subject to the VPDES Permit Regulation, 9VAC25-31. Facilities with colocated industrial activities shall comply with all applicable monitoring and SWPPP requirements of each industrial activity sector of this chapter in which a colocated industrial activity is described. All pages of 9VAC25-151-70 and 9VAC25-151-80 apply to all stormwater discharges associated with industrial activity covered under this general permit. Not all pages of 9VAC25-151-90 et seq. will apply to every permittee. The determination of which pages apply will be based on an evaluation of the regulated activities located at the facility.
General Permit No.: VAR05
Effective Date: July 1, 2019
Expiration Date: June 30, 2024
VPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of facilities with stormwater discharges associated with industrial activity are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulation that prohibit such discharges.
The authorized discharge shall be in accordance with this cover page, the registration statement, Part I-Effluent Limitations, Monitoring Requirements and Special Conditions, Part II-Conditions Applicable to All VPDES Permits, Part III-Stormwater Pollution Prevention Plan, and Part IV-Sector-Specific Permit Requirements, as set forth in this general permit.
There are four individual and separate categories of monitoring requirements that a facility may be subject to under this permit:
Sector-specific monitoring requirements and limitations are applied discharge by discharge at facilities with colocated activities. Where stormwater from the colocated activities are commingled, the monitoring requirements and limitations are additive. Where more than one numeric limitation for a specific parameter applies to a discharge, compliance with the more restrictive limitation is required. Where benchmark, numerical effluent limitations, or TMDL monitoring requirements for a monitoring period overlap, the permittee may use a single sample to satisfy monitoring requirements.
Table 70-1 identifies the specific industrial sectors subject to the benchmark monitoring requirements of this permit and the industry-specific pollutants of concern. The permittee shall refer to the tables found in the individual sectors in Part IV (9VAC25-151-90 et seq.) for benchmark monitoring concentration values. Colocated industrial activities at the facility that are described in more than one sector in Part IV shall comply with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for the permittee to use to determine the overall effectiveness of the SWPPP in controlling the discharge of pollutants to receiving waters. Benchmark concentration values, included in Part IV of this permit, are not effluent limitations. Exceedance of a benchmark concentration does not constitute a violation of this permit and does not indicate that violation of a water quality standard has occurred; however, it does signal that modifications to the SWPPP are necessary, unless justification is provided in a routine facility inspection. In addition, exceedance of benchmark concentrations may identify facilities that would be more appropriately covered under an individual, or alternative general permit where more specific pollution prevention controls could be required.
TABLE 70-1 INDUSTRIAL SECTORS SUBJECT TO BENCHMARK MONITORING | ||
Industry Sector1 | SIC Code or Activity Code | Benchmark Monitoring Parameters |
A | 2421 | TSS. |
2491 | Arsenic, Chromium, Copper. | |
2411 | TSS. | |
2426 | TSS. | |
2499 (24991303) | COD, TSS. | |
2499 (Mulch Dyeing) | BOD, TSS, COD, Aluminum, Arsenic, Cadmium, Chromium, Copper, Iron, Selenium, Silver, Zinc, Total N, Total P. | |
B | 2631 | BOD. |
C | 2812-2819 | Aluminum, Iron, Total N. |
2821-2824 | Zinc. | |
2841-2844 | Total N, Zinc. | |
2873-2879 | Total N, Iron, Zinc, Total P. | |
2875 (Composting Facilities) | TSS, BOD, COD, Ammonia, Total N, Total P. | |
D | 2951, 2952 | TSS. |
E | 3251-3259, 3261-3269 | Aluminum. |
3274, 3275 | TSS, pH, Iron. | |
F | 3312-3317 | Aluminum, Zinc. |
3321-3325 | Aluminum, TSS, Copper, Iron, Zinc. | |
3351-3357 | Copper, Zinc. | |
3363-3369 | Copper, Zinc. | |
G2 | 1021 | TSS. |
H | 1221-1241 | TSS, Aluminum, Iron. |
K | HZ (Hazardous Waste Treatment, Storage, or Disposal) | TKN, TSS, TOC, Arsenic, Cadmium, Cyanide, Lead, Magnesium, Mercury, Selenium, Silver. |
L | LF (Landfills, Land Application Sites, and Open Dumps) | TSS. |
M | 5015 | TSS, Aluminum, Iron, Lead. |
N | 5093 | Copper, Aluminum, Iron, Lead, Zinc, TSS, Cadmium, Chromium. |
4499 | Aluminum, Cadmium, Chromium, Copper, Iron, Lead, Zinc, TSS. | |
O | SE (Steam Electric Generating Facilities) | Iron. |
Q | 4412-4499 (except 4499 facilities as specified in Sector N) | TSS, Copper, Zinc. |
3731, 3732 | TSS, Copper, Zinc. | |
U | 2021-2026 | BOD, TSS. |
2041-2048 | TSS, TKN. | |
2074-2079 | BOD, Total N, TSS. | |
Y | 3011-3069 | Zinc. |
AA | 3411-3471, 3482-3499, 3911-3915 | Iron, Aluminum, Copper, Zinc. |
3479 | Zinc. | |
AB | 3511-3599 (except 3571-3579) | TSS, TPH, Copper, Zinc. |
AD | Nonclassified Facilities/Stormwater Discharges Designated by the Board as Requiring Permits | As determined by the director. |
AE | 2611, 2621, 2652-2657, 2671-2679, 2833-2836, 2851, 2861-2869, 2891-2899, 3952, 3211, 3221, 3229, 3231, 3241, 3281, 3291-3299, 3331-3339, 3398, 3399, 3341, 1311, 1321, 1381-1389, 2911, 4512-4581, (TW) Treatment Works, 2011-2015, 2032-2038, 2051-2053, 2061-2068, 2082-2087, 2091-2099, 2111-2141, 2211-2299, 2311-2399, 3131-3199, 2434, 2511-2599, 2711-2796, 3081-3089, 3931, 3942-3949, 3951-3955 (except 3952), 3961, 3965, 3991-3999, 3111, 3711-3799 (except 3731, 3732 see Sector Q), 3571-3579, 3612-3699, 3812-3873 | Facilities in Sector AE are not subject to benchmark monitoring requirements. |
AF | 4011, 4013, 4111-4173, 4212-4231, 4311, 5171 | TSS. |
1Table does not include parameters for compliance monitoring under effluent limitations guidelines. | ||
2See Sector G (Part IV G) for additional monitoring discharges from waste rock and overburden piles from active ore mining or dressing facilities, inactive ore mining or dressing facilities, and sites undergoing reclamation. |
Depending on the results of four consecutive monitoring periods, benchmark monitoring may not be required to be conducted in subsequent monitoring periods (see Part I A 1 b (2)).
Waiver requests will be evaluated by the board based upon (i) benchmark monitoring results below the benchmark concentration values; (ii) a favorable compliance history (including inspection results); and (iii) no outstanding enforcement actions.
The monitoring waiver may be revoked by the board for cause. The permittee will be notified in writing that the monitoring waiver is revoked, and that the benchmark monitoring requirements are again in force and will remain in effect until the permit's expiration date.
TABLE 70-2 STORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES | |
Effluent Limitation Guideline | Sectors with Affected Facilities |
Runoff from material storage piles at cement manufacturing facilities (40 CFR Part 411 Subpart C (established February 20, 1974)) | E |
Contaminated runoff from phosphate fertilizer manufacturing facilities (40 CFR Part 418 Subpart A (established April 8, 1974)) | C |
Coal pile runoff at steam electric generating facilities (40 CFR Part 423 (established November 19, 1982)) | O |
Discharges resulting from spray down or intentional wetting of logs at wet deck storage areas (40 CFR Part 429, Subpart I (established January 26, 1981)) | A |
Runoff from asphalt emulsion facilities (40 CFR Part 443 Subpart A (established July 24, 1975)) | D |
Runoff from landfills (40 CFR Part 445, Subpart A and B (established January 19, 2000)) | K and L |
Discharges from airport deicing operations (40 CFR Part 449 (established May 16, 2012)) | Facilities subject to the effluent limitation guidelines in 40 CFR Part 449 are not authorized under this permit. |
TABLE 70-3 NUMERIC LIMITATIONS FOR COAL PILE RUNOFF | |||
Parameter | Limit | Monitoring Frequency | Sample Type |
Total Suspended Solids (TSS) | 50 mg/l, max. | 1/6 months | Grab |
pH | 6.0 min. - 9.0 max. | 1/6 months | Grab |
Owners of facilities that are a source of the specified pollutant of concern to waters for which a TMDL wasteload allocation has been approved prior to the term of this permit will be notified as such by the department when they are approved for coverage under the general permit.
If the pollutant subject to the TMDL wasteload allocation is above the quantitation level in any of the samples from the first four monitoring periods, the permittee shall continue the scheduled TMDL monitoring throughout the term of the permit.
Owners of facilities that discharge to waters listed as impaired in the 2016 Final 305(b)/303(d) Water Quality Assessment Integrated Report, and for which a TMDL wasteload allocation has not been approved prior to the term of this permit, will be notified as such by the department when they are approved for coverage under the general permit.
Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B.
To support a determination that the pollutant's presence is caused solely by natural background sources, the following documentation shall be submitted with the request and kept with the SWPPP:
The grab sample shall be taken during the first 30 minutes of the discharge. If it is not practicable to take the sample during the first 30 minutes, the sample may be taken during the first three hours of the discharge, provided that the permittee explains why a grab sample during the first 30 minutes was impracticable. This information shall be submitted in the department's electronic discharge monitoring report (e-DMR) system, and maintained with the SWPPP. If the sampled discharge commingles with process or nonprocess water, the permittee shall attempt to sample the stormwater discharge before it mixes with the nonstormwater.
The permittee shall include the following information in the SWPPP:
TABLE 70-4 MONITORING REPORTING REQUIREMENTS | |
Semiannual Monitoring | Submit the results by January 10 and by July 10. |
Quarterly Visual Monitoring | Retain results with SWPPP - do not submit unless requested to do so by the department. |
Permittees shall submit results for each outfall associated with industrial activity according to the requirements of Part II C.
Natural background pollutants include those substances that are naturally occurring in soils or groundwater. Natural background pollutants do not include legacy pollutants from earlier activity on the facility's site, or pollutants in run-on from neighboring sources that are not naturally occurring.
The permittee shall review the SWPPP and modify it as necessary to address any deficiencies. Revisions to the SWPPP shall be completed within 60 days following the discovery of the deficiency. When control measures need to be modified or added (distinct from regular preventive maintenance of existing control measures described in Part III C), implementation shall be completed before the next anticipated storm event if possible, but no later than 60 days after the deficiency is discovered, or as otherwise provided or approved by the department. In cases where construction is necessary to implement control measures, the permittee shall include a schedule in the SWPPP that provides for the completion of the control measures as expeditiously as practicable, but no later than three years after the deficiency is discovered. Where a construction compliance schedule is included in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary controls to be implemented in the affected portion of the facility prior to completion of the permanent control measure. The amount of time taken to modify a control measure or implement additional control measures shall be documented in the SWPPP.
Any corrective actions taken shall be documented and retained with the SWPPP. Reports of corrective actions shall be signed in accordance with Part II K.
All other nonstormwater discharges are not authorized and shall either be eliminated or covered under a separate VPDES permit.
Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour period:
Virginia estimated the loadings from industrial stormwater facilities using actual and estimated facility acreage information and TP, TN, and TSS loading rates from the Northern Virginia Planning District Commission (NVPDC) Guidebook for Screening Urban Nonpoint Pollution Management Strategies (Annandale, VA November 1979), prepared for the Metropolitan Washington Council of Governments. The loading rates used were as follows:
TP - High (80%) imperviousness industrial; 1.5 lb/ac/yr
TN - High (80%) imperviousness industrial; 12.3 lb/ac/yr
TSS - High (80%) imperviousness industrial; 440 lb/ac/yr
The actual facility area information and the TP, TN, and TSS data collected for this permit will be used by the board to quantify the nutrient and sediment loads from VPDES permitted industrial stormwater facilities.
The following formula may be used to determine the loading rate:
L = 0.226 x P x Pj x (0.05 + (0.9 x Ia)) x C
where:
L = the POC loading rate (lb/acre/year)
P = the annual rainfall (inches/year) - The permittee may use either actual annual average rainfall data for the facility location (in inches/year), the Virginia annual average rainfall of 44.3 inches/year, or another method approved by the board.
Pj = the fraction of annual events that produce runoff - The permittee shall use 0.9 unless the board approves another rate.
Ia = the impervious fraction of the facility impervious area of industrial activity to the facility industrial activity area
C = the POC average concentration of all facility samples (mg/L) - Facilities with multiple outfalls shall calculate a weighted average concentration for each outfall using the drainage area of each outfall.
For total phosphorus and total suspended solids, all daily concentration data below the quantitation level (QL) for the analytical method used shall be treated as half the QL. All daily concentration data equal to or above the QL for the analytical method used shall be treated as it is reported.
For total nitrogen, if none of the daily concentration data for the respective species (i.e., TKN, nitrate, or nitrite) are equal to or above the QL for the respective analytical methods used, the daily TN concentration value reported shall equal one half of the largest QL used for the respective species. If one of the data is equal to or above the QL, the daily TN concentration value shall be treated as that data point is reported. If more than one of the data is above the QL, the daily TN concentration value shall equal the sum of the data points as reported.
The Chesapeake Bay TMDL action plan shall be submitted on a form provided by the department to the regional office serving the area where the industrial facility is located within 90 days following the completion of the fourth monitoring period. A copy of the current Chesapeake Bay TMDL action plan and all facility loading rate calculations shall be maintained with the facility's SWPPP. The Chesapeake Bay TMDL action plan shall include:
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
"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."
The permittee 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 even if this permit has not yet been modified to incorporate the requirement.
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.
9 Va. Admin. Code § 25-151-70
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.