Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Definitions and General Program Requirements › Section 9VAC25-31-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Act" means Federal Water Pollution Control Act, also known
					 as the Clean Water Act (CWA), as amended,
					 33 USC §
											1251 et seq.
"Administrator" means the Administrator of the United
					 States Environmental Protection Agency, or an authorized representative.
"Animal feeding operation" or "AFO" means a lot or facility
					 (other than an aquatic animal production facility) where the following
					 conditions are met:
(i) animals (other
				  than aquatic animals) have been, are, or will be stabled or confined and fed or
				  maintained for a total of 45 days or more in any 12-month period, and
(ii) crops, vegetation forage growth, or
				  post-harvest residues are not sustained in the normal growing season over any
				  portion of the lot or facility.
"Applicable standards and limitations" means all state,
					 interstate, and federal standards and limitations to which a discharge, a
					 sewage sludge use or disposal practice, or a related activity is subject under
					 the CWA (33 USC §
											1251 et seq.) and the law, including effluent
					 limitations, water quality standards, standards of performance, toxic effluent
					 standards or prohibitions, best management practices, pretreatment standards,
					 and standards for sewage sludge use or disposal under §§ 301, 302,
					 303, 304, 306, 307, 308, 403, and 405 of CWA.
"Approval authority" means the Director of the Department
					 of Environmental Quality.
"Approved POTW Pretreatment Program" or "Program" or "POTW
					 Pretreatment Program" means a program administered by a POTW that meets the
					 criteria established in Part VII (9VAC25-31-730
					 et seq.) of this chapter and which has been approved by the director or by the
					 administrator in accordance with
					 9VAC25-31-830.
"Approved program" or "approved state" means a state or
					 interstate program that has been approved or authorized by EPA under 40 CFR
					 Part 123 .
"Aquaculture project" means a defined managed water area
					 that uses discharges of pollutants into that designated area for the
					 maintenance or production of harvestable freshwater, estuarine, or marine
					 plants or animals.
"Average monthly discharge limitation" means the highest
					 allowable average of daily discharges over a calendar month, calculated as the
					 sum of all daily discharges measured during a calendar month divided by the
					 number of daily discharges measured during that month.
"Average weekly discharge limitation" means the highest
					 allowable average of daily discharges over a calendar week, calculated as the
					 sum of all daily discharges measured during a calendar week divided by the
					 number of daily discharges measured during that week.
"Best management practices" or "BMPs" means schedules of
					 activities, prohibitions of practices, maintenance procedures, and other
					 management practices to implement the prohibitions listed in
					 9VAC25-31-770
					 and to prevent or reduce the pollution of surface waters. BMPs also include
					 treatment requirements, operating procedures, and practices to control plant
					 site run-off, spillage or leaks, sludge or waste disposal, or drainage from raw
					 material storage.
"Biosolids" means a sewage sludge that has received an
					 established treatment and is managed in a manner to meet the required pathogen
					 control and vector attraction reduction, and contains concentrations of
					 regulated pollutants below the ceiling limits established in 40 CFR Part 503
					 and 9VA C25-31-540, such that it meets the standards established for use of
					 biosolids for land application, marketing, or distribution in accordance with
					 this chapter. Liquid biosolids contains less than 15% dry residue by weight.
					 Dewatered biosolids contains 15% or more dry residue by weight.
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Bypass" means the intentional diversion of waste streams
					 from any portion of a treatment facility.
"Class I sludge management facility" means any POTW
					 identified under Part VII (9VAC25-31-730
					 et seq.) of this chapter as being required to have an approved pretreatment
					 program and any other treatment works treating domestic sewage classified as a
					 Class I sludge management facility by the regional administrator, in
					 conjunction with the director, because of the potential for its sludge use or
					 disposal practices to adversely affect public health and the
					 environment.
"Concentrated animal feeding operation" or "CAFO" means an
					 AFO that is defined as a Large CAFO or as a Medium CAFO, or that is designated
					 as a Medium CAFO or a Small CAFO. Any AFO may be designated as a CAFO by the
					 director in accordance with the provisions of
					 9VAC25-31-130
					 B.
1. "Large CAFO." An AFO is defined
				  as a Large CAFO if it stables or confines as many or more than the numbers of
				  animals specified in any of the following categories:
a. 700 mature dairy cows, whether milked or
				  dry;
b. 1,000 veal
				  calves;
c. 1,000 cattle other than
				  mature dairy cows or veal calves. Cattle includes heifers, steers, bulls and
				  cow/calf pairs;
d. 2,500 swine each
				  weighing 55 pounds or more;
e.
				  10,000 swine each weighing less than 55 pounds;
f. 500 horses;
g. 10,000 sheep or lambs;
h. 55,000 turkeys;
i. 30,000 laying hens or broilers, if the AFO
				  uses a liquid manure handling system;
j. 125,000 chickens (other than laying hens),
				  if the AFO uses other than a liquid manure handling system;
k. 82,000 laying hens, if the AFO uses other
				  than a liquid manure handling system;
l. 30,000 ducks, if the AFO uses other than a
				  liquid manure handling system; or
m. 5,000 ducks if the AFO uses a liquid
				  manure handling system.