Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 115 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) GENERAL PERMIT REGULATION FOR SEAFOOD PROCESSING FACILITIES › Section 9VAC25-115-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The words and terms used in this chapter shall have the
				  meanings defined in the State Water Control Law, Chapter 3.1 (§ 62.1-44.2
				  et seq.) of Title 62.1 of the Code of Virginia and the Virginia Pollutant
				  Discharge Elimination System (VPDES) Permit Regulation (9VAC25-31) unless the
				  context clearly indicates otherwise. Additionally, for the purposes of this
				  chapter:
"Best management practices" or "BMPs" means schedules of
				  activities, practices, prohibitions of practices, structures, vegetation,
				  maintenance procedures, and other management practices, including both
				  structural and nonstructural practices, to prevent or reduce the discharge of
				  pollutants to surface waters.
"Board" means the 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.
"Control measure" means any best management practice or other
				  method, including effluent limitations, used to prevent or reduce the discharge
				  of pollutants to surface waters.
"Corrective action" means any action to (i) repair, modify,
				  or replace any stormwater control used at the facility; (ii) clean up and
				  properly dispose of spills, releases, or other deposits at the facility; or
				  (iii) return to compliance with permit requirements.
"Department" means the Department of Environmental
				  Quality.
"Industrial activity" means the facilities classified under
				  NAICS 311710 and SIC Code 2091 or 2092.
"Minimize" means reduce or eliminate to the extent achievable
				  using control measures, including best management practices, that are
				  technologically available and economically practicable and achievable in light
				  of best industry practice.
"NAICS" means North American Industry Classification System
				  from the U.S. Office of Management and Budget, 2017 edition.
"No exposure" means all industrial materials or activities
				  are protected by a storm-resistant shelter to prevent exposure to rain, snow,
				  snowmelt, or runoff.
"Seafood" includes crabs, oysters, hand-shucked clams,
				  scallops, squid, eels, turtles, fish, conchs, and crayfish.
"Seafood processing facility" means any facility that
				  processes or handles seafood intended for human consumption or as bait, except
				  a mechanized clam facility, where the primary purpose is classified under the
				  following NAICS and SIC codes:
1.
				NAICS Code 311710 - Seafood Product Preparation and Packaging and SIC Code 2091
				- Canned and Cured Fish and Seafoods, 2092 - Prepared Fresh or Frozen Fish and
				Seafoods;
2. NAICS Code 424420 -
				Packaged Frozen Food Merchant Wholesalers and SIC Code 5142 - Packaged Frozen
				Foods; and
3. NAICS Code 424460 -
				Fish and Seafood Merchant Wholesalers and SIC Code 5146 - Fish and Seafoods.
This definition does not include aquaculture facilities
				  (including hatcheries) classified under SIC Code 0272 or 0921 and NAICS Code
				  112512.
"SIC" means the Standard Industrial Classification from the
				  U.S. Office of Management and Budget Standard Industrial Classification Manual,
				  1987 edition.
"Significant materials" includes raw materials; fuels;
				  materials such as solvents, detergents, and plastic pellets; finished materials
				  such as metallic products; raw materials used in food processing or production
				  (except oyster, clam or scallop shells); hazardous substances designated under
				  § 101(14) of the Comprehensive Environmental Response, Compensation and
				  Liability Act (CERCLA) (42 USC §
										9601) ;
				  any chemical the facility is required to report pursuant to § 313 of the
				  Emergency Planning and Community Right-to-Know Act (EPCRA) (42 USC §
										11023) ; fertilizers; pesticides; and waste
				  products such as ashes, slag, and sludge that have the potential to be released
				  with stormwater discharges.
"Stormwater discharge associated with industrial activity"
				  means the discharge from any conveyance that is used for collecting and
				  conveying stormwater and that is directly related to manufacturing, processing,
				  or raw materials storage areas at an industrial plant. The term does not
				  include discharges from facilities or activities excluded from the VPDES
				  program under 9VAC25-31. For the categories of industries identified in the
				  "industrial activity" definition, the term includes stormwater discharges from
				  industrial plant yards; immediate access roads and rail lines used or traveled
				  by carriers of raw materials, manufactured products, waste material, or
				  byproducts (except for oyster, clam or scallop shells) used or created by the
				  facility; material handling sites; refuse sites; sites used for the application
				  or disposal of process wastewaters; sites used for the storage and maintenance
				  of material handling equipment; sites used for residual treatment, storage, or
				  disposal; shipping and receiving areas; manufacturing buildings; storage area
				  (including tank farms) for raw materials and intermediate and final products;
				  and areas where industrial activity has taken place in the past and significant
				  materials remain and are exposed to stormwater. For the purposes of this
				  definition, material handling activities include the storage, loading and
				  unloading, transportation, or conveyance of any raw material, intermediate
				  product, final product, byproduct, or waste product (except for oyster, clam or
				  scallop shells). The term excludes areas located on plant lands separate from
				  the plant's industrial activities, such as office buildings and accompanying
				  parking lots, as long as the drainage from the excluded areas is not mixed with
				  stormwater drained from the above described areas. Industrial facilities,
				  including industrial facilities that are federally, state, or municipally owned
				  or operated that meet the description of the facilities listed in the
				  "industrial activity" definition, include those facilities designated under the
				  provisions of
				  9VAC25-31-120
				  A 1 c or A 7 a (1) or (2) of the VPDES Permit Regulation.
"Total maximum daily load" or "TMDL" means a calculation of
				  the maximum amount of a pollutant that a waterbody can receive and still meet
				  water quality standards, and an allocation of that amount to the pollutant's
				  sources. A TMDL includes wasteload allocations (WLAs) for point source
				  discharges, and load allocations (LAs) for nonpoint sources or natural
				  background, or both, and must include a margin of safety (MOS) and account for
				  seasonal variations.
"Virginia Environmental Excellence Program" or "VEEP" means a
				  voluntary program established by the department to provide public recognition
				  and regulatory incentives to encourage higher levels of environmental
				  performance for program participants that develop and implement environmental
				  management systems (EMSs). The program is based on the use of EMSs that improve
				  compliance, prevent pollution, and utilize other measures to improve
				  environmental performance.
Statutory Authority: § 62.1-44.15 of the Code of
					 Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
					 124.