Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 151 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT REGULATION FOR DISCHARGES OF STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY › Section 9VAC25-151-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the
				  meanings defined in the State Water Control Law (§
									62.1-44.2 et seq. of the Code of
				  Virginia) and the VPDES Permit Regulation (9VAC25-31) unless the context
				  clearly shows otherwise, except that for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules of
				  activities, practices, prohibitions of practices, structures, vegetation,
				  maintenance procedures, and other management practices, including both
				  structural and nonstructural practices, to prevent or reduce the discharge of
				  pollutants to surface waters.
"Board" means the Virginia State Water Control Board or State
				  Water Control Board. When used outside the context of the promulgation of
				  regulations, including regulations to establish general permits, "board" means
				  the Department of Environmental Quality.
"Closed landfill" means a landfill that, on a permanent
				  basis, will no longer receive waste and has completed closure in accordance
				  with applicable federal, state, or local requirements.
"Coal pile runoff" means the rainfall runoff from or through
				  any coal storage pile.
"Colocated industrial activity" means any industrial
				  activity, excluding the facility's primary industrial activity, located on-site
				  that meets the description of a category included in the "industrial activity"
				  definition. An activity at a facility is not considered colocated if the
				  activity, when considered separately, does not meet the description of a
				  category included in the "industrial activity" definition or identified by the
				  Standard Industrial Classification (SIC) code list in Table 50-2 in
				  9VAC25-151-50.
"Commercial treatment and disposal facilities" means
				  facilities that receive, on a commercial basis, any produced hazardous waste
				  (not their own) and treat or dispose of those wastes as a service to the
				  generators. The facilities treating or disposing exclusively residential
				  hazardous wastes are not included in this definition.
"Control measure" means any best management practice or other
				  method (including effluent limitations) used to prevent or reduce the discharge
				  of pollutants to surface waters.
"Corrective action" means any action to (i) repair, modify,
				  or replace any stormwater control used at the facility; (ii) clean up and
				  properly dispose of spills, releases, or other deposits at the facility; or
				  (iii) return to compliance with permit requirements.
"Department" or "DEQ" means the Department of Environmental
				  Quality.
"Director" means the Director of the Department of
				  Environmental Quality or an authorized representative.
"Existing discharger" means an operator applying for coverage
				  under this permit for discharges authorized previously under a VPDES general or
				  individual permit.
"Impaired water" means, for purposes of this chapter, a water
				  that has been identified by Virginia pursuant to § 303(d) of the Clean
				  Water Act as not meeting applicable water quality standards (these waters are
				  called "water quality limited segments" under
				  40 CFR
				  30.2(j)). Impaired waters
				  include both waters with approved or established TMDLs, and those for which a
				  TMDL has not yet been approved or established.
"Impervious surface" means a surface composed of any material
				  that significantly impedes or prevents natural infiltration of water into the
				  soil.
"Industrial activity" - the following categories of
				  facilities are considered to be engaging in "industrial activity":
1. Facilities subject to stormwater effluent
				limitations guidelines, new source performance standards, or toxic pollutant
				effluent standards under 40 CFR Subchapter N (except facilities with toxic
				pollutant effluent standards that are exempted under category 10 of this
				definition);
2. Facilities
				classified as Standard Industrial Classification (SIC) 24 (except 2434), 26
				(except 265 and 267), 28 (except 283 and 285), 29, 311, 32 (except 323), 33,
				3441, and 373 (Office of Management and Budget (OMB) SIC Manual,
				1987);
3. Facilities classified as
				SIC 10 through 14 (mineral industry) (OMB SIC Manual, 1987) including active or
				inactive mining operations (except for areas of coal mining operations no
				longer meeting the definition of a reclamation area under
				40 CFR
				434.11(l) because the
				performance bond issued to the facility by the appropriate Surface Mining
				Control and Reclamation Act of 1977 (SMCRA) (30 USC §
										1201 et
				seq.) authority has been released, or except for areas of noncoal mining
				operations that have been released from applicable state or federal reclamation
				requirements after December 17, 1990) and oil and gas exploration, production,
				processing, or treatment operations, or transmission facilities that discharge
				stormwater contaminated by contact with or that has come into contact with, any
				overburden, raw material, intermediate products, finished products, byproducts,
				or waste products located on the site of the operations (inactive mining
				operations are mining sites that are not being actively mined but have an
				identifiable owner or operator; inactive mining sites do not include sites
				where mining claims are being maintained before disturbances associated with
				the extraction, beneficiation, or processing of mined materials, nor sites
				where minimal activities are undertaken for the sole purpose of maintaining a
				mining claim);
4. Hazardous waste
				treatment, storage, or disposal facilities, including those that are operating
				under interim status or a permit under Subtitle C of the Resource Conservation
				and Recovery Act (RCRA) (42
				USC §
										6901 et seq.);
5. Landfills, land application sites, and
				open dumps that receive or have received any industrial wastes (waste that is
				received from any of the facilities described under this definition, and debris
				or wastes from VPDES regulated construction activities or sites), including
				those that are subject to regulation under Subtitle D of RCRA;
6. Facilities involved in the recycling of
				materials, including metal scrapyards, battery reclaimers, salvage yards, and
				automobile junkyards, including those classified as Standard Industrial
				Classification Codes 5015 and 5093 (OMB SIC Manual, 1987);
7. Steam electric power generating
				facilities, including coal handling sites;
8. Transportation facilities classified as
				SIC Codes 40, 41, 42 (except 4221-4225), 43, 44, 45, and 5171 (OMB SIC Manual,
				1987) that have vehicle maintenance shops, equipment cleaning operations, or
				airport deicing operations. Only those portions of the facility that are either
				involved in vehicle maintenance (including vehicle rehabilitation, mechanical
				repairs, painting, fueling, and lubrication), equipment cleaning operation,
				airport deicing operation, or that are otherwise identified under categories 1
				through 7 or 9 and 10 of this definition are associated with industrial
				activity;
9. Treatment works
				treating domestic sewage or any other sewage sludge or wastewater treatment
				device or system used in the storage treatment, recycling, and reclamation of
				municipal or domestic sewage, including land dedicated to the disposal of
				sewage sludge that is located within the confines of the facility, with a
				design flow of 1.0 MGD or more, or required to have an approved publicly owned
				treatment works (POTW) pretreatment program under 9VAC25-31. Not included are
				farm lands, domestic gardens or lands used for sludge management where sludge
				is beneficially reused and that are not physically located in the confines of
				the facility, or areas that are in compliance with
				9VAC25-31-420 through
				9VAC25-31-720; and
10. Facilities under SIC Codes 20, 21, 22,
				23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except
				3441), 35, 36, 37 (except 373), 38, 39, 4221-4225 (OMB SIC Manual,
				1987).
"Industrial stormwater" means stormwater runoff from
				  industrial activity.
"Land application unit" means an area where wastes are
				  applied onto or incorporated into the soil surface (excluding manure spreading
				  operations) for treatment or disposal.
"Landfill" means an area of land or an excavation in which
				  wastes are placed for permanent disposal, and that is not a land application
				  unit, surface impoundment, injection well, or waste pile.
"Minimize" means reduce or eliminate to the extent achievable
				  using control measures (including best management practices) that are
				  technologically available and economically practicable and achievable in light
				  of best industry practice.
"Municipal separate storm sewer system" or "MS4" means a
				  conveyance or system of conveyances (including roads with drainage systems,
				  municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
				  storm drains):
(i) owned or operated by
				a state, city, town, borough, county, parish, district, association, or other
				public body (created by or pursuant to state law) having jurisdiction over
				disposal of sewage, industrial wastes, stormwater, or other wastes, including
				special districts under state law (e.g., a sewer district, flood control
				district or drainage district, or similar entity, or an Indian tribe or an
				authorized Indian tribal organization, or a designated and approved management
				agency under § 208 of the Clean Water Act that discharges to surface
				waters of the state);
(ii) designed
				or used for collecting or conveying stormwater;
(iii) that is not a combined sewer;
				and
(iv) that is not part of a
				POTW.
"No exposure" means all industrial materials or activities
				  are protected by a storm-resistant shelter to prevent exposure to rain, snow,
				  snowmelt, or runoff.
"Primary industrial activity" includes any activities
				  performed on-site that are:
1.
				Identified by the facility's primary SIC code; or
2. Included in the narrative descriptions of
				the definition of "industrial activity."
Narrative descriptions in the "industrial activity"
				  definition include: category 1 activities subject to stormwater effluent
				  limitations guidelines, new source performance standards, or toxic pollutant
				  effluent standards; category 4 hazardous waste treatment storage or disposal
				  facilities, including those that are operating under interim status or a permit
				  under subtitle C of the Resource Conservation and Recovery Act (RCRA); category
				  5 landfills, land application sites, and open dumps that receive or have
				  received industrial wastes; category 7 steam electric power generating
				  facilities; and category 9 sewage treatment works with a design flow of 1.0 mgd
				  or more.
For colocated activities covered by multiple SIC codes, the
				  primary industrial determination should be based on the value of receipts or
				  revenues, or, if the information is not available for a particular facility,
				  the number of employees or production rate for each process may be compared.
				  The operation that generates the most revenue or employs the most staff is the
				  operation in which the facility is primarily engaged. In situations where the
				  vast majority of on-site activity falls within one SIC code, that activity may
				  be the primary industrial activity.
"Runoff coefficient" means the fraction of total rainfall
				  that will appear at the conveyance as runoff.
"Significant materials" includes raw materials; fuels;
				  materials (e.g., solvents, detergents, and plastic pellets); finished materials
				  (e.g., metallic products); raw materials used in food processing or production;
				  hazardous substances designated under § 101(14) of the Comprehensive
				  Environmental Response, Compensation and Liability Act (CERCLA) (42 USC §
										9601 et seq.); any chemical the facility is
				  required to report pursuant to the Emergency Planning and Community
				  Right-to-Know Act (EPCRA) § 313; fertilizers; pesticides; and waste
				  products (e.g., ashes, slag and sludge) that have the potential to be released
				  with stormwater discharges.
"Significant spills" includes releases of oil or hazardous
				  substances in excess of reportable quantities under § 311 of the Clean
				  Water Act (see 40 CFR
				  110.10 and
				  40 CFR
				  117.21) or § 102 of CERCLA (see
				  40 CFR
				  302.4).
"Site" means the land or water area where any facility or
				  activity is physically located or conducted, including adjacent land used in
				  connection with the facility or activity.
"Stormwater" means stormwater runoff, snow melt runoff, and
				  surface runoff and drainage.
"Stormwater discharge associated with industrial activity"
				  means the discharge from any conveyance that is used for collecting and
				  conveying stormwater and that is directly related to manufacturing, processing,
				  or raw materials storage areas at an industrial plant. The term does not
				  include discharges from facilities or activities excluded from the VPDES
				  program under 9VAC25-31. For the categories of industries identified in the
				  "industrial activity" definition, the term includes stormwater discharges from
				  industrial plant yards; immediate access roads and rail lines used or traveled
				  by carriers of raw materials, manufactured products, waste material, or
				  byproducts used or created by the facility; material handling sites; refuse
				  sites; sites used for the application or disposal of process wastewaters; sites
				  used for the storage and maintenance of material handling equipment; sites used
				  for residual treatment, storage, or disposal; shipping and receiving areas;
				  manufacturing buildings; storage areas (including tank farms) for raw
				  materials, and intermediate and final products; and areas where industrial
				  activity has taken place in the past and significant materials remain and are
				  exposed to stormwater. For the purposes of this definition, material handling
				  activities include the storage, loading and unloading, transportation, or
				  conveyance of any raw material, intermediate product, final product, byproduct,
				  or waste product. The term excludes areas located on plant lands separate from
				  the plant's industrial activities, (e.g., office buildings and accompanying
				  parking lots) as long as the drainage from the excluded areas is not mixed with
				  stormwater drained from these described areas. Industrial facilities include
				  those that are federally, state, or municipally owned or operated that meet the
				  description of the facilities listed in the "industrial activity" definition.
				  The term also includes those facilities designated under the provisions of
				  9VAC25-31-120 A 1 c, or under
				  9VAC25-31-120 A 7 a (1) or (2) of
				  the VPDES Permit Regulation.
"SWPPP" means stormwater pollution prevention plan.
"Total maximum daily load" or "TMDL" means a calculation of
				  the maximum amount of a pollutant that a waterbody can receive and still meet
				  water quality standards, and an allocation of that amount to the pollutant's
				  sources. A TMDL includes wasteload allocations (WLAs) for point source
				  discharges and load allocations (LAs) for nonpoint sources or natural
				  background and must include a margin of safety (MOS) and account for seasonal
				  variations.
"Virginia Environmental Excellence Program" or "VEEP" means a
				  voluntary program established by the department to provide public recognition
				  and regulatory incentives to encourage higher levels of environmental
				  performance for program participants that develop and implement environmental
				  management systems (EMSs). The program is based on the use of EMSs that improve
				  compliance, prevent pollution, and utilize other measures to improve
				  environmental performance.
"Waste pile" means any noncontainerized accumulation of
				  solid, nonflowing waste that is used for treatment or
				  storage.
Statutory Authority: §
											62.1-44.15 of the Code of
					 Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
					 124.