Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits › Article 1 - Definitions › Section 9VAC25-875-850 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this part only, the following words
						and terms have the following meanings unless the context clearly indicates
						otherwise:
"Administrator" means the Administrator of the U.S.
						Environmental Protection Agency or an authorized representative.
"Applicable standards and limitations" means all state,
						interstate, and federal standards and limitations to which a discharge or a
						related activity is subject under the Clean Water Act (CWA) (33 USC §
												1251 et seq.) and VESMA, including effluent
						limitations, water quality standards, standards of performance, toxic effluent
						standards or prohibitions, best management practices, and standards for sewage
						sludge use or disposal under §§ 301, 302, 303, 304, 306, 307, 308,
						403, and 405 of the CWA.
"Approved program" or "approved state" means a state or
						interstate program that has been approved or authorized by EPA under 40 CFR
						Part 123.
"Bypass" means the intentional diversion of waste streams
						from any portion of a treatment facility.
"Contiguous zone" means the entire zone established by
						the United States under Article 24 of the Convention on the Territorial Sea and
						the Contiguous Zone (37 FR 11906 June 15, 1972).
"Continuous discharge" means a discharge that occurs
						without interruption throughout the operating hours of the facility, except for
						infrequent shutdowns for maintenance, process changes, or other similar
						activities.
"Co-permittee" means a permittee to a VPDES permit that
						is only responsible for permit conditions relating to the discharge for which
						it is the operator.
"Daily discharge" means the discharge of a pollutant
						measured during a calendar day or any 24-hour period that reasonably represents
						the calendar day for purposes of sampling. For pollutants with limitations
						expressed in units of mass, the daily discharge is calculated as the total mass
						of the pollutant discharged over the day. For pollutants with limitations
						expressed in other units of measurement, the daily discharge is calculated as
						the average measurement of the pollutant over the day.
"Discharge" when used without qualification, means the
						discharge of a pollutant.
"Discharge of a pollutant" means:
1. Any addition of any pollutant or
					 combination of pollutants to state waters from any point source; or
2. Any addition of any pollutant or
					 combination of pollutants to the waters of the contiguous zone or the ocean
					 from any point source other than a vessel or other floating craft that is being
					 used as a means of transportation.
This definition includes additions of pollutants into
						surface waters from surface runoff that is collected or channeled by man;
						discharges through pipes, sewers, or other conveyances owned by a state,
						municipality, or other person that do not lead to a treatment works; and
						discharges through pipes, sewers, or other conveyances, leading into privately
						owned treatment works. This term does not include an addition of pollutants by
						any indirect discharger.
"Discharge Monitoring Report" or "DMR" means the form
						supplied by the department, or an equivalent form developed by the operator and
						approved by the department, for the reporting of self-monitoring results by
						operators.
"Draft permit" means a document indicating the
						department's tentative decision to issue or deny, modify, revoke and reissue,
						terminate, or reissue an individual or general permit. A notice of intent to
						deny an individual or general permit is a type of draft permit. A denial of a
						request for modification, revocation and reissuance, or termination is not a
						draft permit.
"Effluent limitation" means any restriction imposed by
						the board on quantities, discharge rates, and concentrations of pollutants that
						are discharged from point sources into surface waters, the waters of the
						contiguous zone, or the ocean.
"Effluent limitations guidelines" means a regulation
						published by the administrator under § 304(b) of the CWA to adopt or
						revise effluent limitations.
"Existing permit" means for the purposes of this chapter
						a permit issued by the department and currently held by a permit
						applicant.
"Existing source" means any source that is not a new
						source or a new discharger.
"Facilities or equipment" means buildings, structures,
						process or production equipment or machinery that form a permanent part of a
						new source and that will be used in its operation if these facilities or
						equipment are of such value as to represent a substantial commitment to
						construct. The term excludes facilities or equipment used in connection with
						feasibility, engineering, and design studies regarding the new source or water
						pollution treatment for the new source.
"Facility or activity" means any VPDES point source or
						treatment works treating domestic sewage or any other facility or activity,
						including land or appurtenances thereto, that is subject to regulation under
						the VPDES program.
"Hazardous substance" means any substance designated
						under the Code of Virginia or 40 CFR Part 116 pursuant to § 311 of the
						CWA.
"Illicit discharge" means any discharge to a municipal
						separate storm sewer that is not composed entirely of stormwater, except
						discharges pursuant to a separate VPDES or permit (other than the permit for
						discharges from the municipal separate storm sewer), discharges resulting from
						firefighting activities, and discharges identified by and in compliance with
						9VAC25-875-970 D 2 c (3).
"Indian country" means (i) all land within the limits of
						any Indian reservation under the jurisdiction of the United States government,
						notwithstanding the issuance of any patent, and including rights-of-way running
						through the reservation; (ii) all dependent Indian communities within the
						borders of the United States whether within the originally or subsequently
						acquired territory thereof, and whether within or without the limits of a
						state; and (iii) all Indian allotments, the Indian titles to which have not
						been extinguished, including rights-of-way running through the same.
"Indirect discharger" means a nondomestic discharger
						introducing "pollutants" to a "publicly owned treatment works (POTW)."
"Large municipal separate storm sewer system" means all
						municipal separate storm sewers that are either:
1. Located in an incorporated place with a
					 population of 250,000 or more as determined by the 1990 decennial census by the
					 Bureau of Census ( 40 CFR Part 122 Appendix F);
2. Located in the counties listed in 40 CFR
					 Part 122 Appendix H, except municipal separate storm sewers that are located in
					 the incorporated places, townships, or towns within such counties;
3. Owned or operated by a municipality other
					 than those described in subdivision 1 or 2 of this definition and that are
					 designated by the department as part of the large or medium municipal separate
					 storm sewer system due to the interrelationship between the discharges of the
					 designated storm sewer and the discharges from municipal separate storm sewers
					 described under subdivision 1 or 2 of this definition. In making this
					 determination the department may consider the following factors:
a. Physical interconnections between the
					 municipal separate storm sewers;
b.
					 The location of discharges from the designated municipal separate storm sewer
					 relative to discharges from municipal separate storm sewers described in
					 subdivision 1 of this definition;
c. The quantity and nature of pollutants
					 discharged to surface waters;
d.
					 The nature of the receiving surface waters; and
e. Other relevant factors;