Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 890 - GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS › Section 9VAC25-890-40 - General permit

Current through Register Vol. 40, No. 24, July 15, 2024
Any MS4 operator whose registration statement is accepted by
				  the board will receive coverage under the following general permit and shall
				  comply with the requirements in this general permit and be subject to all
				  applicable requirements of the Virginia Stormwater Management Program (VSMP)
				  Regulations (9VAC25-870) and the Virginia Pollutant Discharge Elimination
				  System (VPDES) Permit Regulations (9VAC25-31).
General Permit No.: VAR04
Effective Date: November 1, 2018
Expiration Date: October 31, 2023
GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM SMALL
				  MUNICIPAL SEPARATE STORM SEWER SYSTEMS AUTHORIZATION TO DISCHARGE UNDER THE
				  VIRGINIA STORMWATER MANAGEMENT PROGRAM REGULATIONS, VIRGINIA POLLUTANT
				  DISCHARGE ELIMINATION SYSTEM REGULATIONS, 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, permittees of small municipal separate storm sewer systems
				  are authorized to discharge to surface waters within the boundaries of the
				  Commonwealth of Virginia, except those waters specifically named in State Water
				  Control Board regulations which prohibit such discharges.
The authorized discharge shall be in accordance with the
				  registration statement filed with the department, this cover page, Part I -
				  Discharge Authorization and Special Conditions, Part II - TMDL Special
				  Conditions, and Part III - Conditions Applicable to All State and VPDES
				  Permits, as set forth in this general permit.
Part
				I
Discharge Authorization and Special Conditions
A. Coverage under this state permit. During
				the period beginning with the date of coverage under this general permit and
				lasting until the expiration and reissuance of this state permit, the permittee
				is authorized to discharge stormwater and those authorized nonstormwater
				discharges described in
				9VAC25-890-20
				D in accordance with this state permit from the small municipal separate storm
				sewer system identified in the registration statement into surface waters
				within the boundaries of the Commonwealth of Virginia and consistent with
				9VAC25-890-30.
B. The permittee shall develop, implement,
				and enforce a MS4 program designed to reduce the discharge of pollutants from
				the small MS4 to the maximum extent practicable (MEP) in accordance with this
				permit, to protect water quality, and to satisfy the appropriate water quality
				requirements of the State Water Control Law and its attendant regulations. The
				permittee shall utilize the legal authority provided by the laws and
				regulations of the Commonwealth of Virginia to control discharges to and from
				the MS4. This legal authority may be a combination of statute, ordinance,
				permit, policy, specific contract language, order, or interjurisdictional
				agreements. The MS4 program shall include the minimum control measures (MCM)
				described in Part I E. For the purposes of this permit term, implementation of
				MCMs in Part I E and the Chesapeake Bay and local TMDL requirements in Part II
				(as applicable) consistent with the provisions of an iterative MS4 program
				required pursuant to this general permit constitutes compliance with the
				standard of reducing pollutants to the "maximum extent practicable," provides
				adequate progress in meeting water quality standards, and satisfies the
				appropriate water quality requirements of the State Water Control Law and its
				attendant regulations.
C. The MS4
				program plan.
1. The MS4 program plan shall
				include, at a minimum, the following written items:
a. The roles and responsibilities of each of
				the permittee's divisions and departments in the implementation of the
				requirements of the permit tasked with ensuring that the permit requirements
				are met;
b. If the permittee
				utilizes another entity to implement portions of the MS4 program, a copy of the
				written agreement. The description of each party's roles and responsibilities,
				including any written agreements with third parties, shall be updated as
				necessary;
c. For each MCM in Part
				I E, the following information shall be included:
(1) Each specific requirement as listed in
				Part I E for each MCM;
(2) A
				description of the BMPs or strategies that the permittee anticipates will be
				implemented to demonstrate compliance with the permit conditions in Part I
				E;
(3) All standard operating
				procedures or policies necessary to implement the BMPs;
(4) The measurable goal by which each BMP or
				strategy will be evaluated; and
(5)
				The persons, positions, or departments responsible for implementing each BMP or
				strategy; and
d. A list
				of documents incorporated by reference including the version and date of the
				document being incorporated.
2. If the permittee is receiving initial
				coverage under this general VPDES permit for the discharge of stormwater, the
				permittee shall:
a. No later than six months
				following the date of permit coverage, submit to the department a schedule for
				the development of each component of the MS4 program plan in accordance with
				Part I C 1 that does not exceed the expiration date of this permit;
				and
b. Provide to the department a
				copy of the MS4 program plan upon completion of development.
3. If the permittee was previously
				covered under the General VPDES Permit for the Discharge of Stormwater from MS4
				effective July 1, 2013, the permittee shall update the MS4 program plan to meet
				the requirements of this permit no later than six months after the effective
				date of this permit unless otherwise specified in another permit condition and
				shall post the most up-to-date version of MS4 program plan on the permittee's
				website or location where the MS4 program plan can be obtained as required by
				Part I E 2 within 30 days of updating the MS4 program plan. Until such time
				that the MS4 program plan is updated in accordance with Part I E, the permittee
				shall continue to implement the MS4 program plan in effect at the time that
				coverage is issued under this general permit.
4. Revisions to the MS4 program plan are
				expected throughout the life of this permit as part of the iterative process to
				reduce pollutant loading and protect water quality to the MEP. As such,
				revisions made in accordance with this permit as a result of the iterative
				process do not require modification of this permit. The permittee shall
				summarize revisions to the MS4 program plan as part of the annual report as
				described in Part I D 2.
5. The
				permittee may demonstrate compliance with one or more MCM in Part I E through
				implementation of separate statutory or regulatory programs provided that the
				permittee's MS4 program identifies and fully describes any program that will be
				used to satisfy one or more of the minimum control measures of Part I E. If the
				program that the permittee is using requires the approval of a third party, the
				program shall be fully approved by the third party, or the permittee shall be
				working toward getting full approval. Documentation of the program's approval
				status, or the progress toward achieving full approval, shall be included in
				the annual report required by Part I D. The permittee shall remain responsible
				for compliance with the permit requirements if the other entity fails to
				implement one or more components of the control measures.
6. The permittee may rely on another entity
				to satisfy the permit requirements to implement a minimum control measure if:
a. The other entity, in fact, implements the
				control measure;
b. The particular
				control measure, or component thereof, is at least as stringent as the
				corresponding permit requirement;
c. The other entity agrees to implement the
				control measure on behalf of the permittee; and
d. The agreement between the parties is
				documented in writing and retained by the permittee with the MS4 program plan
				for as long as the agreement is active.
The permittee shall remain responsible for compliance with
				  requirements of the permit and shall document in the annual reports required in
				  accordance with Part I D that another entity is being relied on to satisfy all
				  or part of the state permit requirements. The permittee shall provide the
				  information required in Part I D.
7. If the permittee relies on another
				governmental entity regulated under
				9VAC25-870-380
				to satisfy all of the state permit obligations, including the obligation to
				file periodic reports required by Part I D, the permittee must note that fact
				in the registration statement, but is not required to file the periodic
				reports. The permittee remains responsible for compliance with the state permit
				requirements if the other entity fails to implement the control measures or
				components thereof.
D.
				Annual reporting requirements.
1. The
				permittee shall submit an annual report to the department no later than October
				1 of each year in a format as specified by the department. The report shall
				cover the previous year from July 1 to June 30.
2. The annual report shall include the
				following general information:
a. The
				permittee, system name, and permit number;
b. The reporting period for which the annual
				report is being submitted;
c. A
				signed certification as per Part III K;
d. Each annual reporting item as specified in
				an MCM in Part I E; and
e. An
				evaluation of the MS4 program implementation, including a review of each MCM,
				to determine the MS4 program's effectiveness and whether or not changes to the
				MS4 program plan are necessary.
3. For permittees receiving initial coverage
				under this general VPDES permit for the discharge of stormwater, the annual
				report shall include a status update on each component of the MS4 program plan
				being developed. Once the MS4 program plan has been updated to include
				implementation of a specific MCM in Part I E, the permittee shall follow the
				reporting requirements established in Part I D 2.
4. For those permittees with requirements
				established under Part II A, the annual report shall include a status report on
				the implementation of the Chesapeake Bay TMDL action plan in accordance with
				Part II A of this permit including any revisions to the plan.
5. For those permittees with requirements
				established under Part II B, the annual report shall include a status report on
				the implementation of the local TMDL action plans in accordance with Part II B
				including any revisions to the plan.
6. For the purposes of this permit, the MS4
				program plan and annual report shall be maintained separately and submitted to
				the department as required by this permit as two separate documents.
E. Minimum control measures.
1. Public education and outreach.
a. The permittee shall implement a public
				education and outreach program designed to:
(1) Increase the public's knowledge of how to
				reduce stormwater pollution, placing priority on reducing impacts to impaired
				waters and other local water pollution concerns;
(2) Increase the public's knowledge of
				hazards associated with illegal discharges and improper disposal of waste,
				including pertinent legal implications; and
(3) Implement a diverse program with
				strategies that are targeted toward individuals or groups most likely to have
				significant stormwater impacts.
b. The permittee shall identify no less than
				three high-priority stormwater issues to meet the goal of educating the public
				in accordance with Part I E 1 a. High-priority issues may include the following
				examples: Chesapeake Bay nutrients, pet wastes, local receiving water
				impairments, TMDLs, high-quality receiving waters, and illicit discharges from
				commercial sites.
c. The
				high-priority public education and outreach program, as a whole, shall:
(1) Clearly identify the high-priority
				stormwater issues;
(2) Explain the
				importance of the high-priority stormwater issues;
(3) Include measures or actions the public
				can take to minimize the impact of the high-priority stormwater issues;
				and
(4) Provide a contact and
				telephone number, website, or location where the public can find out more
				information.
d. The
				permittee shall use two or more of the strategies listed in Table 1 below per
				year to communicate to the public the high-priority stormwater issues
				identified in accordance with Part I E 1 b including how to reduce stormwater
				pollution.
Table 1
Strategies for Public Education and
							 Outreach
Strategies
Examples (provided as examples and are not meant to
							 be all inclusive or limiting)
Traditional written materials
Informational brochures, newsletters, fact sheets,
							 utility bill inserts, or recreational guides for targeted groups of
							 citizens
Alternative materials
Bumper stickers, refrigerator magnets, t-shirts, or
							 drink koozies
Signage
Temporary or permanent signage in public places or
							 facilities, vehicle signage, bill boards, or storm drain stenciling
Media materials
Information disseminated through electronic media,
							 radio, televisions, movie theater, or newspaper
Speaking engagements
Presentations to school, church, industry, trade,
							 special interest, or community groups
Curriculum materials
Materials developed for school-aged children,
							 students at local colleges or universities, or extension classes offered to
							 local citizens
Training materials
Materials developed to disseminate during workshops
							 offered to local citizens, trade organization, or industrial
							 officials
e.
				The permittee may coordinate its public education and outreach efforts with
				other MS4 permittees; however, each permittee shall be individually responsible
				for meeting all of its state permit requirements.
f. The MS4 program plan shall include:
(1) A list of the high-priority stormwater
				issues the permittee will communicate to the public as part of the public
				education and outreach program;
(2)
				The rationale for selection of each high-priority stormwater issue and an
				explanation of how each education or outreach strategy is intended to have a
				positive impact on stormwater discharges;
(3) Identification of the public audience to
				receive each high-priority stormwater message;
(4) The strategies from Table 1 of Part I E 1
				d to be used to communicate each high-priority stormwater message;
				and
(5) The anticipated time
				periods the messages will be communicated or made available to the
				public.
g. The annual
				report shall include the following information:
(1) A list of the high-priority stormwater
				issues the permittee addressed in the public education and outreach program;
				and
(2) A list of the strategies
				used to communicate each high-priority stormwater issue.
2. Public involvement and
				participation.
a. The permittee shall develop
				and implement procedures for the following:
(1) The public to report potential illicit
				discharges, improper disposal, or spills to the MS4, complaints regarding land
				disturbing activities, or other potential stormwater pollution
				concerns;
(2) The public to provide
				input on the permittee's MS4 program plan;
(3) Receiving public input or
				complaints;
(4) Responding to
				public input received on the MS4 program plan or complaints; and
(5) Maintaining documentation of public input
				received on the MS4 program and associated MS4 program plan and the permittee's
				response.
b. No later
				than three months after this permit's effective date, the permittee shall
				develop and maintain a webpage dedicated to the MS4 program and stormwater
				pollution prevention. The following information shall be posted on this
				webpage:
(1) The effective MS4 permit and
				coverage letter;
(2) The most
				current MS4 program plan or location where the MS4 program plan can be
				obtained;
(3) The annual report for
				each year of the term covered by this permit no later than 30 days after
				submittal to the department;
(4) A
				mechanism for the public to report potential illicit discharges, improper
				disposal, or spills to the MS4, complaints regarding land disturbing
				activities, or other potential stormwater pollution concerns in accordance with
				Part I E 2 a (1); and
(5) Methods
				for how the public can provide input on the permittee's MS4 program plan in
				accordance with Part I E 2 a (2).
c. The permittee shall implement no less than
				four activities per year from two or more of the categories listed in Table 2
				below to provide an opportunity for public involvement to improve water quality
				and support local restoration and clean-up projects.
Table 2
Public Involvement
							 Opportunities
Public involvement opportunities
Examples (provided as example and are not meant to be
							 all inclusive or limiting)
Monitoring
Establish or support citizen monitoring
							 group
Restoration
Stream or watershed clean-up day, adopt-a-water way
							 program,
Educational events
Booth at community fair, demonstration of stormwater
							 control projects, presentation of stormwater materials to schools to meet
							 applicable education Standards of Learning or curriculum requirements,
							 watershed walks, participation on environmental advisory committees
Disposal or collection events
Household hazardous chemicals collection, vehicle
							 fluids collection
Pollution prevention
Adopt-a-storm drain program, implement a storm drain
							 marking program, promote use of residential stormwater BMPs, implement pet
							 waste stations in public areas, adopt-a-street program.
d.
				The permittee may coordinate the public involvement opportunities listed in
				Table 2 with other MS4 permittees; however, each permittee shall be
				individually responsible for meeting all of the permit requirements.
e. The MS4 program plan shall include:
(1) The webpage address where mechanisms for
				the public to report (i) potential illicit discharges, improper disposal, or
				spills to the MS4, (ii) complaints regarding land disturbing activities, or
				(iii) other potential stormwater pollution concerns;
(2) The webpage address that contains the
				methods for how the public can provide input on the permittee's MS4 program;
				and
(3) A description of the public
				involvement activities to be implemented by the permittee, the anticipated time
				period the activities will occur, and a metric for each activity to determine
				if the activity is beneficial to water quality. An example of metrics may
				include the weight of trash collected from a stream cleanup, the number of
				participants in a hazardous waste collection event, etc.
f. The annual report shall include the
				following information:
(1) A summary of any
				public input on the MS4 program received (including stormwater complaints) and
				how the permittee responded;
(2) A
				webpage address to the permittee's MS4 program and stormwater
				website;
(3) A description of the
				public involvement activities implemented by the permittee;
(4) A report of the metric as defined for
				each activity and an evaluation as to whether or not the activity is beneficial
				to improving water quality; and
(5)
				The name of other MS4 permittees with whom the permittee collaborated in the
				public involvement opportunities.
3. Illicit discharge detection and
				elimination.
a. The permittee shall develop
				and maintain an accurate MS4 map and information table as follows:
(1) A map of the storm sewer system owned or
				operated by the permittee within the census urbanized area identified by the
				2010 decennial census that includes, at a minimum:
(a) MS4 outfalls discharging to surface
				waters, except as follows:
(i) In cases where
				the outfall is located outside of the MS4 permittee's legal responsibility, the
				permittee may elect to map the known point of discharge location closest to the
				actual outfall; and
(ii) In cases
				where the MS4 outfall discharges to receiving water channelized underground,
				the permittee may elect to map the point downstream at which the receiving
				water emerges above ground as an outfall discharge location. If there are
				multiple outfalls discharging to an underground channelized receiving water,
				the map shall identify that an outfall discharge location represents more than
				one outfall. This is an option a permittee may choose to use and recognizes the
				difficulties in accessing outfalls to underground channelized stream
				conveyances for purposes of mapping, screening, or monitoring.
(b) A unique identifier for each
				mapped item required in Part I E 3;
(c) The name and location of receiving waters
				to which the MS4 outfall or point of discharge discharges;
(d) MS4 regulated service area; and
(e) stormwater management facilities owned or
				operated by the permittee.
(2) The permittee shall maintain an
				information table associated with the storm sewer system map that includes the
				following information for each outfall or point of discharge for those cases in
				which the permittee elects to map the known point of discharge in accordance
				with Part I E 3 a (1) (a):
(a) A unique
				identifier as specified on the storm sewer system map;
(b) The latitude and longitude of the outfall
				or point of discharge;
(c) The
				estimated regulated acreage draining to the outfall or point of
				discharge;
(d) The name of the
				receiving water;
(e) The 6th Order
				Hydrologic Unit Code of the receiving water;
(f) An indication as to whether the receiving
				water is listed as impaired in the Virginia 2016 305(b)/303(d) Water Quality
				Assessment Integrated Report;
(g)
				The predominant land use for each outfall discharging to an impaired water;
				and
(h) The name of any EPA
				approved TMDLs for which the permittee is assigned a wasteload
				allocation.
(3) No later
				than July 1, 2019, the permittee shall submit to DEQ a GIS-compatible shapefile
				of the permittee's MS4 map as described in Part I E 3 a. If the permittee does
				not have an MS4 map in a GIS format, the permittee shall provide the map as a
				PDF document.
(4) No later than
				October 1 of each year, the permittee shall update the storm sewer system map
				and outfall information table to include any new outfalls constructed or TMDLs
				approved or both during the immediate preceding reporting period.
(5) The permittee shall provide written
				notification to any downstream adjacent MS4 of any known physical
				interconnection established or discovered after the effective date of this
				permit.
b. The permittee
				shall prohibit, through ordinance, policy, standard operating procedures, or
				other legal mechanism, to the extent allowable under federal, state, or local
				law, regulations, or ordinances, unauthorized nonstormwater discharges into the
				storm sewer system. Nonstormwater discharges or flows identified in
				9VAC25-890-20
				D 3 shall only be addressed if they are identified by the permittee as a
				significant contributor of pollutants discharging to the MS4. Flows that have
				been identified by the department as de minimis discharges are not significant
				sources of pollutants to surface water.
c. The permittee shall maintain, implement,
				and enforce illicit discharge detection and elimination (IDDE) written
				procedures designed to detect, identify, and address unauthorized nonstormwater
				discharges, including illegal dumping, to the small MS4 to effectively
				eliminate the unauthorized discharge. Written procedures shall include:
(1) A description of the legal authorities,
				policies, standard operating procedures or other legal mechanisms available to
				the permittee to eliminate identified sources of ongoing illicit discharges
				including procedures for using legal enforcement authorities.
(2) Dry weather field screening protocols to
				detect, identify, and eliminate illicit discharges to the MS4. The protocol
				shall include:
(a) A prioritized schedule of
				field screening activities and rationale for prioritization determined by the
				permittee based on such criteria as age of the infrastructure, land use,
				historical illegal discharges, dumping or cross connections;
(b) If the total number of MS4 outfalls is
				equal to or less than 50, a schedule to screen all outfalls annually;
(c) If the total number of MS4 outfalls is
				greater than 50, a schedule to screen a minimum of 50 outfalls annually such
				that no more than 50% are screened in the previous 12-month period. The 50%
				criteria is not applicable if all outfalls have been screened in the previous
				three years; and
(d) A mechanism to
				track the following information:
(i) The
				unique outfall identifier;
(ii)
				Time since the last precipitation event;
(iii) The estimated quantity of the last
				precipitation event;
(iv) Site
				descriptions (e.g., conveyance type and dominant watershed land
				uses);
(v) Whether or not a
				discharge was observed; and
(vi) If
				a discharge was observed, the estimated discharge rate (e.g., width and depth
				of discharge flow rate) and visual characteristics of the discharge (e.g.,
				odor, color, clarity, floatables, deposits or stains, vegetation condition,
				structural condition, and biology).
(3) A timeframe upon which to conduct an
				investigation to identify and locate the source of any observed unauthorized
				nonstormwater discharge. Priority of investigations shall be given to
				discharges of sanitary sewage and those believed to be a risk to human health
				and public safety. Discharges authorized under a separate VPDES or state permit
				require no further action under this permit.
(4) Methodologies to determine the source of
				all illicit discharges. If the permittee is unable to identify the source of an
				illicit discharge within six months of beginning the investigation then the
				permittee shall document that the source remains unidentified. If the observed
				discharge is intermittent, the permittee shall document that attempts to
				observe the discharge flowing were unsuccessful.
(5) Methodologies for conducting a follow-up
				investigation for illicit discharges that are continuous or that permittees
				expect to occur more frequently than a one-time discharge to verify that the
				discharge has been eliminated except as provided for in Part I E 3 c
				(4);
(6) A mechanism to track all
				illicit discharge investigations to document the following:
(a) The dates that the illicit discharge was
				initially observed, reported, or both;
(b) The results of the investigation,
				including the source, if identified;
(c) Any follow-up to the
				investigation;
(d) Resolution of
				the investigation; and
(e) The date
				that the investigation was closed.
d. The MS4 program plan shall include:
(1) The MS4 map and information table
				required by Part I E 3 a. The map and information table may be incorporated
				into the MS4 program plan by reference. The map shall be made available to the
				department within 14 days upon request;
(2) Copies of written notifications of new
				physical interconnections given by the permittee to other MS4s; and
(3) The IDDE procedures described in Part I E
				3 c.
e. The annual
				report shall include:
(1) A confirmation
				statement that the MS4 map and information table have been updated to reflect
				any changes to the MS4 occurring on or before June 30 of the reporting
				year;
(2) The total number of
				outfalls screened during the reporting period as part of the dry weather
				screening program; and
(3) A list
				of illicit discharges to the MS4 including spills reaching the MS4 with
				information as follows:
(a) The source of
				illicit discharge;
(b) The dates
				that the discharge was observed, reported, or both;
(c) Whether the discharge was discovered by
				the permittee during dry weather screening, reported by the public, or other
				method (describe);
(d) How the
				investigation was resolved;
(e) A
				description of any follow-up activities; and
(f) The date the investigation was
				closed.
4. Construction site stormwater runoff
				control.
a. The permittee shall utilize its
				legal authority, such as ordinances, permits, orders, specific contract
				language, and interjurisdictional agreements, to address discharges entering
				the MS4 from regulated construction site stormwater runoff. The permittee shall
				control construction site stormwater runoff as follows:
(1) If the permittee is a city, county, or
				town that has adopted a Virginia Erosion and Sediment Control Program (VESCP),
				the permittee shall implement the VESCP consistent with the Virginia Erosion
				and Sediment Control Law (§
													62.1-44.15:51
				et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control
				Regulations (9VAC25-840);
(2) If
				the permittee is a town that has not adopted a VESCP, implementation of a VESCP
				consistent with the Virginia Erosion and Sediment Control Law (§
													62.1-44:15:51 et seq. of the
				Code of Virginia) and Virginia Erosion and Sediment Control Regulations
				(9VAC25-840) by the surrounding county shall constitute compliance with Part I
				E 4 a; such town shall notify the surrounding county of erosion, sedimentation
				or other construction stormwater runoff problems;
(3) If the permittee is a state agency;
				public institution of higher education including community colleges, colleges,
				and universities; or federal entity and has developed standards and
				specifications in accordance with the Virginia Erosion and Sediment Control Law
				(§
													62.1-44.15:51
				et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control
				Regulations (9VAC25-840), the permittee shall implement the most recent
				department approved standards and specifications; or
(4) If the permittee is a state agency;
				public institution of higher education including community colleges, colleges,
				and universities; or federal entity and has not developed standards and
				specifications in accordance with the Virginia Erosion and Sediment Control Law
				(§
													62.1-44.15:51
				et seq. of the Code of Virginia) and Virginia Erosion and Sediment Control
				Regulations (9VAC25-840), the permittee shall inspect all land disturbing
				activities as defined in §
													62.1-44.15:51
				of the Code of Virginia that result in the disturbance activities of 10,000
				square feet or greater, or 2,500 square feet or greater in accordance with
				areas designated under the Chesapeake Bay Preservation Act, as follows:
(a) During or immediately following initial
				installation of erosion and sediment controls;
(b) At least once per every two-week
				period;
(c) Within 48 hours
				following any runoff producing storm event; and
(d) At the completion of the project prior to
				the release of any performance bond.
(5) If the permittee is a subdivision of a
				local government such as a school board or other local government body, the
				permittee shall inspect those projects resulting in a land disturbance as
				defined in §
													62.1-44.15.51 of the Code of
				Virginia occurring on lands owned or operated by the permittee that result in
				the disturbance of 10,000 square feet or greater, 2,500 square feet or greater
				in accordance with areas designated under the Chesapeake Bay Preservation Act,
				or in accordance with more stringent thresholds established by the local
				government, as follows:
(a) During or
				immediately following initial installation of erosion and sediment
				controls;
(b) At least once per
				every two-week period;
(c) Within
				48 hours following any runoff producing storm event; and
(d) At the completion of the project prior to
				the release of any performance bond.
b. The permittee shall require implementation
				of appropriate controls to prevent nonstormwater discharges to the MS4, such as
				wastewater, concrete washout, fuels and oils, and other illicit discharges
				identified during land disturbing activity inspections of the MS4. The
				discharge of nonstormwater discharges other than those identified in
				9VAC25-890-20
				D through the MS4 is not authorized by this state permit.
c. The permittee's MS4 program plan shall
				include:
(1) If the permittee implements a
				construction site stormwater runoff control program in accordance with Part I E
				4 a (1), the local ordinance citations for the VESCP program;
(2) If the permittee implements a
				construction site stormwater runoff control program in accordance with Part I E
				4 a (3):
(a) The most recently approved
				standards and specifications or if incorporated by reference, the location
				where the standards and specifications can be viewed; and
(b) A copy of the most recent standards and
				specifications approval letter from the department;
(3) A description of the legal authorities
				utilized to ensure compliance with Part I E 4 a to control construction site
				stormwater runoff control such as ordinances, permits, orders, specific
				contract language, policies, and interjurisdictional agreements;
(4) Written inspection procedures to ensure
				the erosion and sediment controls are properly implemented and all associated
				documents utilized during inspection including the inspection
				schedule;
(5) Written procedures
				for requiring compliance through corrective action or enforcement action to the
				extent allowable under federal, state, or local law, regulation, ordinance, or
				other legal mechanisms; and
(6) The
				roles and responsibilities of each of the permittee's departments, divisions,
				or subdivisions in implementing the construction site stormwater runoff control
				requirements in Part I E 4.
d. The annual report shall include the
				following:
(1) If the permittee implements a
				construction site stormwater runoff program in accordance with Part I E 4 a
				(3):
(a) A confirmation statement that land
				disturbing projects that occurred during the reporting period have been
				conducted in accordance with the current department approved standards and
				specifications for erosion and sediment control; and
(b) If one or more of the land disturbing
				projects were not conducted with the department approved standards and
				specifications, an explanation as to why the projects did not conform to the
				approved standards and specifications.
(2) Total number of inspections conducted;
				and
(3) The total number and type
				of enforcement actions implemented and the type of enforcement
				actions.
5.
				Post-construction stormwater management for new development and development on
				prior developed lands.
a. The permittee shall
				address post-construction stormwater runoff that enters the MS4 from the
				following land disturbing activities by implementing a post-construction
				stormwater runoff management program as follows:
(1) If the permittee is a city, county, or
				town, with an approved Virginia Stormwater Management Program (VSMP), the
				permittee shall implement the VSMP consistent with the Virginia Stormwater
				Management Act (§
													62.1-44.15:24
				et seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870) as well as
				develop an inspection and maintenance program in accordance with Parts I E 5 b
				and c;
(2) If the permittee is a
				town that has not adopted a VSMP, implementation of a VSMP consistent with the
				Virginia Stormwater Management Act (§
													62.1-44.15:24
				et seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870) by the
				surrounding county shall constitute compliance with Part I E 5 a; such town
				shall notify the surrounding county of erosion, sedimentation, or other
				post-construction stormwater runoff problems and develop an inspection and
				maintenance program in accordance with Part I E 5 b and c;
(3) If the permittee is a state agency;
				public institution of higher education including community colleges, colleges,
				and universities; or federal entity and has developed standards and
				specifications in accordance with the Virginia Stormwater Management Act
				(§
													62.1-44.15:24
				et seq. of the Code of Virginia) and VSMP Regulations (9VAC25-870), the
				permittee shall implement the most recent department approved standards and
				specifications and develop an inspection and maintenance program in accordance
				with Part I E 5 b;
(4) If the
				permittee is a state agency; public institution of higher education including
				community colleges, colleges, and universities; or federal entity and has not
				developed standards and specifications in accordance with the Virginia
				Stormwater Management Act (§
													62.1-44.15:24
				et seq. of the Code of Virginia) and Virginia Stormwater Management Regulations
				(9VAC25-870) the permittee shall implement a post-construction stormwater
				runoff control program through compliance with 9VAC25-870 and with the
				implementation of a maintenance and inspection program consistent with Part I E
				5 b; or
(5) If the permittee is a
				subdivision of a local government such as a school board or other local
				government body, the permittee shall implement a post-construction stormwater
				runoff control program through compliance with 9VAC25-870 or in accordance with
				more stringent local requirements, if applicable, and with the implementation
				of a maintenance and inspection program consistent with Part I E 5 b.
b. The permittee shall implement
				an inspection and maintenance program for those stormwater management
				facilities owned or operated by the permittee that discharges to the MS4 as
				follows:
(1) The permittee shall develop and
				maintain written inspection and maintenance procedures in order to ensure
				adequate long-term operation and maintenance of its stormwater management
				facilities;
(2) The permittee shall
				inspect stormwater management facilities owned or operated by the permittee no
				less than once per year. The permittee may choose to implement an alternative
				schedule to inspect these stormwater management facilities based on facility
				type and expected maintenance needs provided that the alternative schedule and
				rationale is included in the MS4 program plan. The alternative inspection
				frequency shall be no less than once per five years; and
(3) If during the inspection of the
				stormwater management facility conducted in accordance with Part I E 5 b (2),
				it is determined that maintenance is required, the permittee shall conduct the
				maintenance in accordance with the written procedures developed under Part I E
				5 b (1).
c. For those
				permittees described in Part I E 5 a (1) or (2), the permittee shall:
(1) Implement an inspection and enforcement
				program for stormwater management facilities not owned by the permittee (i.e.,
				privately owned) that includes:
(a) An
				inspection frequency of no less than once per five years for all privately
				owned stormwater management facilities that discharge into the MS4;
				and
(b) Adequate long-term
				operation and maintenance by the owner of the stormwater management facility by
				requiring the owner to develop and record a maintenance agreement, including an
				inspection schedule to the extent allowable under state or local law or other
				legal mechanism;
(2)
				Utilize its legal authority for enforcement of the maintenance responsibilities
				if maintenance is neglected by the owner; and
(3) The permittee may develop and implement a
				progressive compliance and enforcement strategy provided that the strategy is
				included in the MS4 program plan.
d. The permittee shall maintain an electronic
				database or spreadsheet of all known permittee-owned or permittee-operated and
				privately owned stormwater management facilities that discharge into the MS4.
				The database shall also include all BMPs implemented by the permittee to meet
				the Chesapeake Bay TMDL load reduction as required in Part II A. A database
				shall include the following information as applicable:
(1) The stormwater management facility or BMP
				type;
(2) The stormwater management
				facility or BMPs location as latitude and longitude;
(3) The acres treated by the stormwater
				management facility or BMP, including total acres, pervious acres, and
				impervious acres;
(4) The date the
				facility was brought online (MM/YYYY). If the date brought online is not known,
				the permittee shall use June 30, 2005;
(5) The 6th Order Hydrologic Unit Code in
				which the stormwater management facility is located;
(6) Whether the stormwater management
				facility or BMP is owned or operated by the permittee or privately
				owned;
(7) Whether or not the
				stormwater management facility or BMP is part of the permittee's Chesapeake Bay
				TMDL action plan required in Part II A or local TMDL action plan required in
				Part II B, or both;
(8) If the
				stormwater management facility or BMP is privately owned, whether a maintenance
				agreement exists; and
(9) The date
				of the permittee's most recent inspection of the stormwater management facility
				or BMP.
e. The
				electronic database or spreadsheet shall be updated no later than 30 days after
				a new stormwater management facility is brought online, a new BMP is
				implemented to meet a TMDL load reduction as required in Part II, or discovered
				if it is an existing stormwater management facility.
f. The permittee shall use the DEQ
				Construction Stormwater Database or other application as specified by the
				department to report each stormwater management facility installed after July
				1, 2014, to address the control of post-construction runoff from land
				disturbing activities for which the permittee is required to obtain a General
				VPDES Permit for Discharges of Stormwater from Construction
				Activities.
g. No later than
				October 1 of each year, the permittee shall electronically report the
				stormwater management facilities and BMPs implemented between July 1 and June
				30 of each year using the DEQ BMP Warehouse and associated reporting template
				for any practices not reported in accordance with Part I E 5 f including
				stormwater management facilities installed to control post-development
				stormwater runoff from land disturbing activities less than one acre in
				accordance with the Chesapeake Bay Preservation Act regulations (9VAC25-830)
				and for which a General VPDES Permit for Discharges of Stormwater from
				Construction Activities was not required.
h. The MS4 program plan shall include:
(1) If the permittee implements a VSMP in
				accordance with Part I E 5 a (1) and (2):
(a)
				A copy of the VSMP approval letter issued by the department;
(b) Written inspection procedures and all
				associated documents utilized in the inspection of privately owned stormwater
				management facilities; and
(c)
				Written procedures for compliance and enforcement of inspection and maintenance
				requirements for privately owned BMPs.
(2) If the permittee implements a
				post-development stormwater runoff control program in accordance with Part I E
				5 a (3):
(a) The most recently approved
				standards and specifications or if incorporated by reference, the location
				where the standards and specifications can be viewed; and
(b) A copy of the most recent standards and
				specifications approval letter from the department.
(3) A description of the legal authorities
				utilized to ensure compliance with Part I E 5 a for post-construction
				stormwater runoff control such as ordinances (provide citation as appropriate),
				permits, orders, specific contract language, and interjurisdictional
				agreements;
(4) Written inspection
				procedures and all associated documents utilized during inspection of
				stormwater management facilities owned or operated by the permittee;
(5) The roles and responsibilities of each of
				the permittee's departments, divisions, or subdivisions in implementing the
				post-construction stormwater runoff control program; and
(6) The stormwater management facility
				spreadsheet or database incorporated by reference and the location or webpage
				address where the spreadsheet or database can be reviewed.
i. The annual report shall include the
				following information:
(1) If the permittee
				implements a Virginia Stormwater Management Program in accordance with Part I E
				5 a (1) and (2):
(a) The number of privately
				owned stormwater management facility inspections conducted; and
(b) The number of enforcement actions
				initiated by the permittee to ensure long-term maintenance of privately owned
				stormwater management facilities including the type of enforcement
				action;
(2) Total number
				of inspections conducted on stormwater management facilities owned or operated
				by the permittee;
(3) A description
				of the significant maintenance, repair, or retrofit activities performed on the
				stormwater management facilities owned or operated by the permittee to ensure
				it continues to perform as designed. This does not include routine activities
				such as grass mowing or trash collection;
(4) A confirmation statement that the
				permittee submitted stormwater management facility information through the
				Virginia Construction Stormwater General Permit database for those land
				disturbing activities for which the permittee was required to obtain coverage
				under the General VPDES Permit for Discharges of Stormwater from Construction
				Activities in accordance with Part I E 5 f or a statement that the permittee
				did not complete any projects requiring coverage under the General VPDES Permit
				for Discharges of Stormwater from Construction Activities; and
(5) A confirmation statement that the
				permittee electronically reported BMPs using the DEQ BMP Warehouse in
				accordance with Part I E 5 g and the date on which the information was
				submitted.
6.
				Pollution prevention and good housekeeping for facilities owned or operated by
				the permittee within the MS4 service area.
a.
				The permittee shall maintain and implement written procedures for those
				activities at facilities owned or operated by the permittee, such as road,
				street, and parking lot maintenance; equipment maintenance; and the
				application, storage, transport, and disposal of pesticides, herbicides, and
				fertilizers designed to:
(1) Prevent illicit
				discharges;
(2) Ensure the proper
				disposal of waste materials, including landscape wastes;
(3) Prevent the discharge of wastewater or
				permittee vehicle wash water or both into the MS4 without authorization under a
				separate VPDES permit;
(4) Require
				implementation of best management practices when discharging water pumped from
				utility construction and maintenance activities;
(5) Minimize the pollutants in stormwater
				runoff from bulk storage areas (e.g., salt storage, topsoil stockpiles) through
				the use of best management practices;
(6) Prevent pollutant discharge into the MS4
				from leaking municipal automobiles and equipment; and
(7) Ensure that the application of materials,
				including fertilizers and pesticides, is conducted in accordance with the
				manufacturer's recommendations.
b. The written procedures established in
				accordance with Part I E 6 a shall be utilized as part of the employee training
				program at Part I E 6 m.
c. Within
				12 months of state permit coverage, the permittee shall identify which of the
				high-priority facilities have a high potential of discharging pollutants. The
				permittee shall maintain and implement a site specific stormwater pollution
				prevention plan (SWPPP) for each facility identified. High priority facilities
				that have a high potential for discharging pollutants are those facilities that
				are not covered under a separate VPDES permit and which any of the following
				materials or activities occur and are expected to have exposure to stormwater
				resulting from rain, snow, snowmelt or runoff:
(1) Areas where residuals from using, storing
				or cleaning machinery or equipment remain and are exposed to
				stormwater;
(2) Materials or
				residuals on the ground or in stormwater inlets from spills or leaks;
(3) Material handling equipment;
(4) Materials or products that would be
				expected to be mobilized in stormwater runoff during loading or unloading or
				transporting activities (e.g., rock, salt, fill dirt);
(5) Materials or products stored outdoors
				(except final products intended for outside use where exposure to stormwater
				does not result in the discharge of pollutants);
(6) Materials or products that would be
				expected to be mobilized in stormwater runoff contained in open, deteriorated
				or leaking storage drums, barrels, tanks, and similar containers;
(7) Waste material except waste in covered,
				nonleaking containers (e.g., dumpsters);
(8) Application or disposal of process
				wastewater (unless otherwise permitted); or
(9) Particulate matter or visible deposits of
				residuals from roof stacks, vents or both not otherwise regulated (i.e., under
				an air quality control permit) and evident in the stormwater runoff.
d. Each SWPPP as required in Part
				I E 6 c shall include the following:
(1) A
				site description that includes a site map identifying all outfalls, direction
				of stormwater flows, existing source controls, and receiving water
				bodies;
(2) A description and
				checklist of the potential pollutants and pollutant sources;
(3) A description of all potential
				nonstormwater discharges;
(4)
				Written procedures designed to reduce and prevent pollutant
				discharge;
(5) A description of the
				applicable training as required in Part I E 6 m;
(6) Procedures to conduct an annual
				comprehensive site compliance evaluation;
(7) An inspection frequency of no less than
				once per year and maintenance requirements for site specific source controls.
				The date of each inspection and associated findings and follow-up shall be
				logged in each SWPPP; and
(8) A log
				of each unauthorized discharge, release, or spill incident reported in
				accordance with Part III G including the following information:
(a) Date of incident;
(b) Material discharged, released, or
				spilled; and
(c) Estimated quantity
				discharged, released or spilled.
e. No later than June 30 of each year, the
				permittee shall annually review any high-priority facility owned or operated by
				the permittee for which a SWPPP has not been developed to determine if the
				facility has a high potential to discharge pollutants as described in Part I E
				6 c. If the facility is determined to be a high-priority facility with a high
				potential to discharge pollutants, the permittee shall develop a SWPPP meeting
				the requirements of Part I E 6 d no later than December 31 of that same
				year.
f. The permittee shall review
				the contents of any site specific SWPPP no later than 30 days after any
				unauthorized discharge, release, or spill reported in accordance with Part III
				G to determine if additional measures are necessary to prevent future
				unauthorized discharges, releases, or spills. If necessary, the SWPPP shall be
				updated no later than 90 days after the unauthorized discharge.
g. The SWPPP shall be kept at the
				high-priority facility with a high potential to discharge and utilized as part
				of staff training required in Part I E 6 m. The SWPPP and associated documents
				may be maintained as a hard copy or electronically as long as the documents are
				available to employees at the applicable site.
h. If activities change at a facility such
				that the facility no longer meets the criteria of a high-priority facility with
				a high potential to discharge pollutants as described in Part I E 6 c, the
				permittee may remove the facility from the list of high-priority facilities
				with a high potential to discharge pollutants.
i. The permittee shall maintain and implement
				turf and landscape nutrient management plans that have been developed by a
				certified turf and landscape nutrient management planner in accordance with
				§
												10.1-104.2
				of the Code of Virginia on all lands owned or operated by the permittee where
				nutrients are applied to a contiguous area greater than one acre. If nutrients
				are being applied to achieve final stabilization of a land disturbance project,
				application shall follow the manufacturer's recommendations.
j. Permittees with lands regulated under
				§
												10.1-104.4
				of the Code of Virginia, including state agencies, state colleges and
				universities, and other state government entities, shall continue to implement
				turf and landscape nutrient management plans in accordance with this statutory
				requirement.
k. The permittee shall
				not apply any deicing agent containing urea or other forms of nitrogen or
				phosphorus to parking lots, roadways, and sidewalks, or other paved
				surfaces.
l. The permittee shall
				require through the use of contract language, training, standard operating
				procedures, or other measures within the permittee's legal authority that
				contractors employed by the permittee and engaging in activities with the
				potential to discharge pollutants use appropriate control measures to minimize
				the discharge of pollutants to the MS4.
m. The permittee shall develop a training
				plan in writing for applicable staff that ensures the following:
(1) Field personnel receive training in the
				recognition and reporting of illicit discharges no less than once per 24
				months;
(2) Employees performing
				road, street, and parking lot maintenance receive training in pollution
				prevention and good housekeeping associated with those activities no less than
				once per 24 months;
(3) Employees
				working in and around maintenance, public works, or recreational facilities
				receive training in good housekeeping and pollution prevention practices
				associated with those facilities no less than once per 24 months;
(4) Employees and contractors hired by the
				permittee who apply pesticides and herbicides are trained or certified in
				accordance with the Virginia Pesticide Control Act (§
													3.2-3900 et seq. of
				the Code of Virginia). Certification by the Virginia Department of Agriculture
				and Consumer Services (VCACS) Pesticide and Herbicide Applicator program shall
				constitute compliance with this requirement;
(5) Employees and contractors serving as plan
				reviewers, inspectors, program administrators, and construction site operators
				obtain the appropriate certifications as required under the Virginia Erosion
				and Sediment Control Law and its attendant regulations;
(6) Employees and contractors implementing
				the stormwater program obtain the appropriate certifications as required under
				the Virginia Stormwater Management Act and its attendant regulations;
				and
(7) Employees whose duties
				include emergency response have been trained in spill response. Training of
				emergency responders such as firefighters and law-enforcement officers on the
				handling of spill releases as part of a larger emergency response training
				shall satisfy this training requirement and be documented in the training
				plan.
n. The permittee
				shall maintain documentation of each training event conducted by the permittee
				to fulfill the requirements of Part I E 6 m for a minimum of three years after
				the training event. The documentation shall include the following information:
(1) The date of the training event;
(2) The number of employees attending the
				training event; and
(3) The
				objective of the training event.
o. The permittee may fulfill the training
				requirements in Part I E 6 m, in total or in part, through regional training
				programs involving two or more MS4 permittees; however, the permittee shall
				remain responsible for ensuring compliance with the training
				requirements.
p. The MS4 program
				plan shall include:
(1) The written
				procedures for the operations and maintenance activities as required by Part I
				E 6 a;
(2) A list of all
				high-priority facilities owned or operated by the permittee required in
				accordance with Part I E 6 c, and whether or not the facility has a high
				potential to discharge;
(3) A list
				of lands for which turf and landscape nutrient management plans are required in
				accordance with Part I E 6 i and j, including the following information:
(a) The total acreage on which nutrients are
				applied;
(b) The date of the most
				recently approved nutrient management plan for the property; and
(c) The location in which the individual turf
				and landscape nutrient management plan is located;
(4) A summary of mechanisms the permittee
				uses to ensure contractors working on behalf of the permittees implement the
				necessary good housekeeping and pollution prevention procedures, and stormwater
				pollution plans as appropriate; and
(5) The written training plan as required in
				Part I E 6 m.
q. The
				annual report shall include the following:
(1) A summary of any operational procedures
				developed or modified in accordance with Part I E 6 a during the reporting
				period;
(2) A summary of any new
				SWPPPs developed in accordance Part I E 6 c during the reporting
				period;
(3) A summary of any SWPPPs
				modified in accordance with Part I E 6 f or the rationale of any high priority
				facilities delisted in accordance with Part I E 6 h during the reporting
				period;
(4) A summary of any new
				turf and landscape nutrient management plans developed that includes:
(a) Location and the total acreage of each
				land area; and
(b) The date of the
				approved nutrient management plan; and
(5) A list of the training events conducted
				in accordance with Part I E 6 m, including the following information:
(a) The date of the training event;
(b) The number of employees who attended the
				training event; and
(c) The
				objective of the training event.