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 9VAC25-151-70 - General permit

Current through Register Vol. 40, No. 24, July 15, 2024
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, 2024
Expiration Date: June 30, 2029
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, Part IV-Sector-Specific
				  Permit Requirements, and Part V-Chesapeake Bay Total Maximum Daily Load
				  Compliance as set forth in this general permit.
Part
				I
Effluent Limitations, Monitoring Requirements and Special
				  Conditions
A. Effluent limitations and
				monitoring requirements.
There are four individual and separate categories of
				  monitoring requirements that a facility may be subject to under this permit:
(i) quarterly visual
				monitoring;
(ii) benchmark
				monitoring of discharges associated with specific industrial
				activities;
(iii) compliance
				monitoring for discharges subject to numerical effluent limitations;
				and
(iv) monitoring of discharges
				to impaired waters, both those with an approved TMDL and those without an
				approved TMDL. The monitoring requirements and numeric effluent limitations
				applicable to a facility depend on the types of industrial activities
				generating stormwater runoff from the facility, and for TMDL monitoring, the
				location of the facility's discharge. Part IV of the permit identifies
				monitoring requirements applicable to specific sectors of industrial activity.
				The permittee shall review Part I A 1 and Part IV of the permit to determine
				which monitoring requirements and numeric limitations apply to the permittee's
				facility. Unless otherwise specified, limitations and monitoring requirements
				under Part I A 1 and Part IV are additive.
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.
1. Types of monitoring
				requirements and limitations.
a. Quarterly
				visual monitoring. The requirements and procedures for quarterly visual
				monitoring are applicable to all facilities covered under this permit,
				regardless of the facility's sector of industrial activity.
(1) The permittee shall perform and document
				a quarterly visual examination of a stormwater discharge associated with
				industrial activity from each outfall, except discharges exempted in Part I A 3
				or A 4. The visual examinations shall be made at least once in each of the
				following three-month periods: January through March, April through June, July
				through September, and October through December. The visual examination shall
				be made during normal working hours, where practicable, and when considerations
				for safety and feasibility allow. If no storm event resulted in runoff from the
				facility during a monitoring quarter, the permittee is excused from visual
				monitoring for that quarter provided that documentation is included with the
				monitoring records indicating that no runoff occurred.
(2) Samples shall be collected in accordance
				with Part I A 2. Sample examination shall document observations of color, odor,
				clarity, floating solids, settled solids, suspended solids, foam, oil sheen,
				and other obvious indicators of stormwater pollution. The visual examination of
				the sample shall be conducted in a well-lit area. No analytical tests are
				required to be performed on the samples.
(3) The visual examination documentation
				shall be maintained on-site with the SWPPP. The documentation shall include the
				outfall location, the examination date and time, examination staff, the nature
				of the discharge (i.e., runoff or snow melt), visual quality of the stormwater
				discharge (including observations of color, odor, clarity, floating solids,
				settled solids, suspended solids, foam, oil sheen, and other obvious indicators
				of stormwater pollution), and probable sources of any observed stormwater
				contamination.
b.
				Benchmark monitoring of discharges associated with specific industrial
				activities.
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 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 show 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, 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, 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.
F
3312-3317
Aluminum, Zinc.
3321-3325
Aluminum, TSS, Copper, Zinc.
3351-3357
Copper, Zinc.
3363-3369
Copper, Zinc.
G2
1021
TSS.
H
1221-1241
TSS, Aluminum.
K
HZ (Hazardous Waste Treatment, Storage, or
							 Disposal)
TKN, TSS, TOC, Arsenic, Cadmium, Cyanide, Lead,
							 Mercury, Selenium, Silver.
L
LF (Landfills, Land Application Sites, and Open
							 Dumps)
TSS.
M
5015
TSS, Aluminum, Lead.
N
5093
Copper, Aluminum, Lead, Zinc, TSS, Cadmium,
							 Chromium.
4499
Aluminum, Cadmium, Chromium, Copper, Lead, Zinc,
							 TSS.
O
SE (Steam Electric Generating Facilities)
Facilities in Sector O are not subject to benchmark
							 requirements.
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
Aluminum, Copper, Zinc.
3479
Zinc.
AB
3511-3599 (except 3571-3579)
TSS, TPH, Copper, Zinc.
AD
Nonclassified Facilities/Stormwater Discharges
							 Designated by the department 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.
(1) Benchmark
				monitoring shall be performed for all benchmark parameters specified for the
				industrial sector applicable to a facility's discharge. Monitoring shall be
				performed at least once during each of the first four, and potentially all,
				monitoring periods after coverage under the permit begins. Monitoring begins
				with the first full monitoring period after the owner is granted coverage under
				the permit. Monitoring periods are specified in Part I A 2.
(2) Benchmark monitoring waivers for
				facilities testing below benchmark concentration values. Waivers from benchmark
				monitoring are available to facilities whose discharges are below benchmark
				concentration values on an outfall by outfall basis. Sector-specific benchmark
				monitoring is not required to be conducted in subsequent monitoring periods
				during the term of this permit provided:
(a)
				Samples were collected in four consecutive monitoring periods, and the average
				of the four samples for all parameters at the outfall is below the applicable
				benchmark concentration value in Part IV. Facilities that were covered under
				the 2019 industrial stormwater general permit may use sampling data from the
				last two monitoring periods of that permit and the first two monitoring periods
				of this permit to satisfy the four consecutive monitoring periods
				requirement;
(b) The facility is
				not subject to a numeric effluent limitation established in Part I A 1 c (1)
				(stormwater effluent limitations), Part I A 1 c (2) (coal pile runoff), or Part
				IV (Sector Specific Permit Requirements) for any of the parameters at that
				outfall; and
(c) A waiver request
				is submitted to and approved by the department. The waiver request shall be
				sent to the appropriate DEQ regional office, along with the supporting
				monitoring data for four consecutive monitoring periods, and a certification
				that, based on current potential pollutant sources and control measures used,
				discharges from the facility are reasonably expected to be substantially
				similar or cleaner compared to when the benchmark monitoring for the four
				consecutive monitoring periods was done.
Waiver requests will be evaluated by the department based on
				  (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 department 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.
(3) 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.
c. Compliance
				monitoring for discharges subject to numerical effluent limitations or
				discharges to impaired waters.
(1) Facilities
				subject to stormwater effluent limitation guidelines.
(a) Facilities subject to stormwater effluent
				limitation guidelines (see Table 70-2) are required to monitor the discharges
				to evaluate compliance with numerical effluent limitations. Industry-specific
				numerical limitations and compliance monitoring requirements are described in
				Part IV of the permit. Permittees with colocated industrial activities at the
				facility that are described in more than one sector in Part IV shall comply on
				a discharge-by-discharge basis with all applicable effluent limitations from
				each sector.
(b) Permittees shall
				monitor the discharges for the presence of the pollutant subject to the
				effluent limitation at least once during each of the monitoring periods after
				coverage under the permit begins. Monitoring begins with the first full
				monitoring period after the owner is granted coverage under the permit.
				Monitoring periods are specified in Part I A 2. The substantially identical
				outfall monitoring provisions (Part I A 2 f) are not available for numeric
				effluent limits monitoring.
(c)
				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.
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 may be covered under Sector AD.
(2) Facilities subject to coal pile runoff
				monitoring.
(a) Facilities with discharges of
				stormwater from coal storage piles shall comply with the limitations and
				monitoring requirements of Table 70-3 for all discharges containing the coal
				pile runoff, regardless of the facility's sector of industrial
				activity.
(b) Permittees shall
				monitor the stormwater discharges at least once during each of the monitoring
				periods after coverage under the permit begins. Monitoring begins with the
				first full monitoring period after the owner is granted coverage under the
				permit. Monitoring periods are specified in Part I A 2. The substantially
				identical outfall monitoring provisions (Part I A 2 f) are not available for
				coal pile numeric effluent limits monitoring.
(c) The coal pile runoff shall not be diluted
				with other stormwater or other flows to meet this limitation.
(d) If a facility is designed, constructed,
				and operated to treat the volume of coal pile runoff that is associated with a
				10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff
				from the treatment unit is not subject to the 50 mg/L limitation for total
				suspended solids.
(e) 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.
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
(3) Facilities discharging to an impaired
				water with an approved TMDL wasteload allocation. Owners of facilities that are
				a source of the specified pollutant of concern to waters for which a TMDL
				wasteload allocation has been approved by the U.S. Environmental Protection
				Agency (EPA) before the term of this permit will be notified by the department
				when they are approved for coverage under the general permit.
(a) Upon written notification from the
				department, permittees shall monitor the discharges for the pollutant subject
				to TMDL wasteload allocation once every six months after coverage under the
				permit begins, unless another sampling frequency is determined by the
				department for polychlorinated biphenyls (PCBs). Monitoring begins with the
				first full monitoring period after the owner is granted coverage under the
				permit. Monitoring periods are specified in Part I A 2.
(b) 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.
(c) If the pollutant subject
				to the TMDL wasteload allocation is below the quantitation level in all of the
				samples from the first four monitoring periods, the permittee may request to
				the department in writing that further sampling be discontinued, unless the
				TMDL has specific instructions to the contrary (in which case those
				instructions shall be followed). The laboratory certificate of analysis shall
				be submitted with the request. If approved, documentation of this shall be kept
				with the SWPPP.
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. Applicable sampling data collected during
				  the 2019 industrial stormwater general permit term may be used to satisfy all
				  or part of the four monitoring periods requirement.
(d) Upon written notification from the
				department, facilities exceeding the TMDL wasteload allocation shall prepare
				and submit a pollutant minimization plan (PMP) designed to investigate the
				location and potential reduction of sources in the facility's stormwater
				discharges. The PMP shall be developed and submitted to the department for
				approval within 180 days of the receipt of notification from the department.
				The PMP shall include the following items, as appropriate:
(i) Facility contact for the contents of the
				PMP and any activities associated with the PMP;
(ii) A proposed implementation schedule for
				minimization activities and prospective milestones;
(iii) Proposed actions for known or probable
				sources;
(iv) Proposed action to
				find and control unknown sources;
(v) A summary of any previous minimization
				activities; and
(vi) Information on
				continuing assessment of progress, which may include establishment of criteria
				to evaluate whether the location and potential reduction of sources have been
				addressed.
(4) Facilities discharging to an impaired
				water without an approved TMDL wasteload allocation. Owners of facilities that
				discharge to waters listed as impaired in the 2022 Final 305(b)/303(d) Water
				Quality Assessment Integrated Report, and for which a TMDL wasteload allocation
				has not been approved before the term of this permit, will be notified by the
				department when they are approved for coverage under the general permit.
(a) Upon written notification from the
				department, permittees shall monitor the discharges for all pollutants for
				which the waterbody is impaired, and for which a standard analytical method
				exists, at least once every six months after coverage under the permit begins,
				unless otherwise determined by the department for polychlorinated biphenyls
				(PCBs). Monitoring begins with the first full monitoring period after the owner
				is granted coverage under the permit. Monitoring periods are specified in Part
				I A 2.
(b) If the pollutant for
				which the waterbody is impaired is suspended solids, turbidity, or sediment, or
				sedimentation, monitor for total suspended solids (TSS). If the pollutant for
				which the waterbody is impaired is expressed in the form of an indicator or
				surrogate pollutant, monitor for that indicator or surrogate pollutant. No
				monitoring is required when a waterbody's biological communities are impaired
				but no pollutant, including indicator or surrogate pollutants, is specified as
				causing the impairment, or when a waterbody's impairment is related to
				hydrologic modifications, impaired hydrology, or temperature. 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.
(c) If
				the pollutant for which the water is impaired is below the quantitation level
				in the discharges from the facility, or it is above the quantitation level but
				its presence is caused solely by natural background sources, the permittee may
				request to the department in writing that further impaired water monitoring be
				discontinued. The laboratory certificate of analysis shall be submitted with
				the request. If approved, documentation of this shall be kept with the SWPPP.
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:
(i) an explanation of why it is believed that
				the presence of the impairment pollutant in the facility's discharge is not
				related to the activities at the facility; and
(ii) data or studies that tie the presence of
				the impairment pollutant in the facility's discharge to natural background
				sources in the watershed. 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 at
				the facility's site or pollutants in run-on from neighboring sources that are
				not naturally occurring.
2. Monitoring instructions.
a. Collection and analysis of samples.
				Sampling requirements shall be assessed on an outfall by outfall basis. Samples
				shall be collected and analyzed in accordance with the requirements of Part II
				A.
b. When and how to sample. A
				minimum of one grab sample shall be taken from the discharge associated with
				industrial activity resulting from a storm event that results in a discharge
				from the site, providing the interval from the preceding storm event discharge
				is at least 72 hours. The 72-hour storm interval is waived if the permittee is
				able to document that less than a 72-hour interval is representative for local
				storm events during the sampling period. In the case of snowmelt, the
				monitoring shall be performed at a time when a measurable discharge occurs at
				the site. For discharges from a stormwater management structure, the monitoring
				shall be performed at a time when a measurable discharge occurs from the
				structure.
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.
c. Storm event data. For each monitoring
				event (except snowmelt monitoring), along with the monitoring results, the
				permittee shall identify the date of the storm event sampled; rainfall total
				(in inches) of the storm event that generated the sampled runoff; and the
				interval between the storm event sampled and the end of the previous storm
				event discharge. For snowmelt monitoring, the permittee shall identify the date
				of the sampling event.
d.
				Monitoring periods.
(1) Quarterly visual
				monitoring. The quarterly visual examinations shall be made at least once in
				each of the following three-month periods each year of permit coverage: January
				through March, April through June, July through September, and October through
				December.
(2) Benchmark monitoring,
				effluent limitation monitoring, and impaired waters monitoring (for waters both
				with and without an approved TMDL). Monitoring shall be conducted at least once
				in each of the following semiannual periods each year of permit coverage:
				January through June, and July through December.
e. Documentation explaining a facility's
				inability to obtain a sample (including dates and times the outfalls were
				viewed or sampling was attempted), of no rain event, or of deviation from the
				72-hour storm interval shall be submitted with the e-DMR and maintained with
				the SWPPP. Acceptable documentation includes National Climatic Data Center
				(NCDC) weather station data, local weather station data, facility rainfall
				logs, and other appropriate supporting data.
f. Representative outfalls - substantially
				identical discharges. If the facility has two or more outfalls that discharge
				substantially identical effluents, based on similarities of the industrial
				activities, significant materials, size of drainage areas, and stormwater
				management practices occurring within the drainage areas of the outfalls,
				frequency of discharges, and stormwater management practices occurring within
				the drainage areas of the outfalls, the permittee may conduct monitoring on the
				effluent of just one of the outfalls and report that the observations also
				apply to the substantially identical outfall. The substantially identical
				outfall monitoring provisions apply to quarterly visual monitoring, benchmark
				monitoring, and impaired waters monitoring (both those with and without an
				approved TMDL). The substantially identical outfall monitoring provisions are
				not available for numeric effluent limits monitoring. The permittee shall
				include the following information in the SWPPP:
(1) The locations of the outfalls;
(2) An evaluation, including available
				monitoring data, indicating the outfalls are expected to discharge
				substantially identical effluents, including evaluation of monitoring data
				where available; and
(3) An
				estimate of the size of each outfall's drainage area in acres.
3. Adverse climatic
				conditions waiver. When adverse weather conditions prevent the collection of
				samples, a substitute sample may be taken during a qualifying storm event in
				the next monitoring period. Adverse weather conditions are those that are
				dangerous or create inaccessibility for staff and may include local flooding,
				high winds, electrical storms, or situations that otherwise make sampling
				impracticable (e.g., drought or extended frozen conditions). Unless
				specifically stated otherwise, this waiver may be applied to any monitoring
				required under this permit. Narrative documentation of conditions necessitating
				the use of the waiver shall be kept with the SWPPP.
4. Inactive and unstaffed sites (including
				temporarily inactive sites).
a. A waiver of
				the quarterly visual monitoring, routine facility inspections, and monitoring
				requirements (including benchmark, effluent limitation, and impaired waters
				monitoring) may be granted by the department at a facility that is both
				inactive and unstaffed, as long as the facility remains inactive and unstaffed
				and there are no industrial materials or activities exposed to stormwater. The
				owner of the facility is only required to conduct an annual routine site
				inspection in accordance with the requirements in Part III B 5.
b. An inactive and unstaffed sites waiver
				request shall be submitted to the department for approval and shall include the
				name of the facility; the facility's VPDES general permit registration number;
				a contact person, telephone number, and email address; the reason for the
				request; and the date the facility became or will become inactive and
				unstaffed. The waiver request shall be signed and certified in accordance with
				Part II K. If this waiver is granted, a copy of the request and the
				department's written approval of the waiver shall be maintained with the
				SWPPP.
c. If circumstances change
				and industrial materials or activities become exposed to stormwater or the
				facility becomes either active or staffed, the permittee shall notify the
				department within 30 days, and all quarterly visual monitoring, routine
				facility inspections, and monitoring requirements shall be resumed
				immediately.
d. The department
				retains the right to revoke this waiver when it is determined that the
				discharge is causing, has a reasonable potential to cause, or contributes to a
				water quality standards violation.
e. Inactive and unstaffed facilities covered
				under Sector G (Metal Mining) and Sector H (Coal Mines and Coal Mining-Related
				Facilities) are not required to meet the "no industrial materials or activities
				exposed to stormwater" standard to be eligible for this waiver, consistent with
				the conditional exemption requirements established in Part IV Sector G and Part
				IV Sector H.
5.
				Reporting monitoring results.
a. Reporting to
				the department. The permittee shall follow the reporting requirements and
				deadlines in Table 70-4 for the types of monitoring that apply to the facility:
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.
b. Significant digits. The
				permittee shall report at least the same number of significant digits as a
				numeric effluent limitation or TMDL wasteload allocation for a given parameter;
				otherwise, at least two significant digits shall be reported for a given
				parameter. Regardless of the rounding convention used by the permittee (i.e.,
				five always rounding up or to the nearest even number), the permittee shall use
				the convention consistently and shall ensure that consulting laboratories
				employed by the permittee use the same convention.
6. Corrective actions.
a. The permittee shall take corrective action
				whenever:
(1) Routine facility inspections,
				inspections by local, state or federal officials, or any other process,
				observation or event result in a determination that modifications to the
				stormwater control measures are necessary to meet the permit
				requirements;
(2) There is any
				exceedance of an effluent limitation (including coal pile runoff), TMDL
				wasteload allocation, or a reduction required by a local ordinance established
				by a municipality to meet Chesapeake Bay TMDL requirements; or
(3) The department determines, or the
				permittee becomes aware, that the stormwater control measures are not stringent
				enough for the discharge to meet applicable water quality standards;
				or
(4) Benchmark monitoring results
				exceed the benchmark concentration value for a parameter.
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 before
				  completion of the permanent control measure. Any corrective actions taken shall
				  be documented and retained with the SWPPP. Any control measure modifications
				  shall be dated and document the amount of time taken to modify the applicable
				  control measures or implement additional control measures.
b. Natural background pollutant
				levels. If the concentration of a pollutant exceeds a benchmark concentration
				value and the permittee determines that exceedance of the benchmark is
				attributable solely to the presence of that pollutant in the natural
				background, corrective action is not required provided that:
(1) The concentration of the benchmark
				monitoring result is less than or equal to the concentration of that pollutant
				in the natural background;
(2) The
				permittee documents and maintains with the SWPPP the supporting rationale for
				concluding that benchmark exceedances are in fact attributable solely to
				natural background pollutant levels. The supporting rationale shall include any
				data previously collected by the facility or others (including literature
				studies) that describe the levels of natural background pollutants in the
				facility's stormwater discharges; and
(3) The permittee notifies the department on
				the benchmark monitoring DMR that the benchmark exceedances are attributable
				solely to natural background pollutant levels. 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.
c. Follow-up reporting. If at any time
				monitoring results show that discharges from the facility exceed an effluent
				limitation or a TMDL wasteload allocation, or the department determines that
				discharges from the facility are causing or contributing to an exceedance of a
				water quality standard, immediate steps shall be taken to eliminate the
				exceedances in accordance with Part I A 6. Within 30 calendar days of
				implementing the relevant corrective action, an exceedance report shall be
				submitted to the department and shall be signed in accordance with Part II K.
				The following information shall be included in the report:
(1) General permit registration
				number;
(2) Facility name and
				address;
(3) Receiving water for
				each outfall exceeding an effluent limitation of TMDL wasteload
				allocation;
(4) Monitoring data
				from the event being reported;
(5)
				A narrative description of the situation;
(6) A description of actions taken since the
				event was discovered and steps taken to minimize to the extent feasible
				pollutants in the discharge; and
(7) A local facility contact name, email
				address, and phone number.