Document 12gV4YkEj7VLL6a8NedR9ZEo

U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III WATER BRANCH, ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION CLEAN WATER ACT COMPLIANCE INSPECTION REPORT for Name of Facility: Penny's Auto Parts and Salvage Facility Address: 13304 Telegraph Road, Woodbridge, Virginia 22192 Mailing Address: 13304 Telegraph Road, Woodbridge, Virginia 22192 Report Prepared on: 4/23/2021 Date By: , Environmental Scientist (PG Environmental) Signature Report Final as of: STACIE PRATT Date: 2021.04.27 11:13:26 -04'00' Digitally signed by STACIE PRATT By: , EPA Date Signature General Information Type of Inspection: Owner: Operator: Permittee: NPDES Permit No: NPDES Permit Effective Date: NPDES Permit Expiration Date: Receiving Water: Latitude and Longitude: Industrial Stormwater Henry E. Archie Henry E. Archie N/A N/A N/A N/A Marumsco Creek 38.66533, -77.28553 On-Site Facility Inspection Overview On March 24, 2021, representatives from U.S. Environmental Protection Agency (EPA) Region III and EPA's contract inspectors from PG Environmental and Eastern Research Group (ERG), Inc., (the EPA Inspection Team), conducted a compliance evaluation inspection at the Penny's Auto Parts and Salvage facility in Woodbridge, Virginia (Facility). Mr. Henry Archie owns and operates the Facility. At the time of the inspection, the Facility was not covered under a permit for industrial stormwater discharges, but Mr. Archie was working on an application to cover the Facility under Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity. Approximate Entry Time: 12:45 PM (EDT) Approximate Exit Time: 2:15 PM (EDT) Unique Project Identifier (UPI): 3E21WN081A Unique Project Identifier: 3E21WN081A Page 1 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report TABLE OF CONTENTS PAGE I. INTRODUCTION............................................................................................................................ 3 II. INSPECTION PROCESS ................................................................................................................ 3 Inspection Opening Conference .......................................................................................................3 Weather and Precipitation Conditions..............................................................................................4 Records Review ...............................................................................................................................5 Facility Site Walk.............................................................................................................................5 Summary of Observations................................................................................................................6 Permit Status .......................................................................................................................6 Stormwater Pollution Prevention Plan (SWPPP)................................................................7 Pollution Prevention and Good Housekeeping ...................................................................7 Closing Conference..........................................................................................................................8 List of Appendices Appendix A: Photograph Log Appendix B: Exhibit Log o Exhibit 1 - Aerial Facility Image o Exhibit 2 - Permit Registration Statement and DEQ Correspondence o Exhibit 3 - DEQ General Inspection o Exhibit 4 - DEQ Recon Inspection o Exhibit 5 - DEQ Special Order Unique Project Identifier: 3E21WN081A Page 2 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report I. INTRODUCTION On March 24, 2021, representatives from U.S. Environmental Protection Agency (EPA) Region III and EPA's contract inspectors from PG Environmental and Eastern Research Group (ERG), Inc., (hereinafter, collectively referred to as the EPA Inspection Team) inspected Penny's Auto Parts and Salvage (hereinafter, Facility), owned and operated by Mr. Henry Archie, Jr., in Woodbridge, Virginia. The EPA Inspection Team was accompanied by Mr. Henry Archie, Jr. (aka, JR) and his General Manager, Mr. Virdell Buffington (a.k.a., "Rev"; hereinafter, Facility representatives). The purpose of the inspection was to assess the Facility's operations and applicability for coverage under the Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (VAR05, the Permit). At the time of the inspection, the Facility had not completed the application process for coverage under the Permit. Based on observations made during the inspection, it appeared the Facility conducts industrial activities classified under Sector M of the Permit (automobile salvage yards) which may be exposed to stormwater. The Facility encompasses three acres, all of which are used for industrial activity. The Facility includes an outdoor holding area (pre-processing); an outdoor vehicle processing rack; and post-processing holding area where vehicles are stored (i.e., the lot); a garage equipped with an oil-burning furnace; and a trailer office. Tires and various other vehicle components, such as transmissions, engines, and fuel tank parts were observed piled and littered throughout the lot. The Facility representatives stated that they believed they had one outfall point located at the southern corner of the Facility. However, the EPA Inspection Team observed locations along the southwestern and southeastern perimeter actively discharging stormwater at the time of the inspection (refer to Observation 3). A Facility diagram is included in Appendix B, Exhibit 1. Facility representatives explained that vehicles arriving onsite are placed in the outdoor holding area located in the southeastern area of the Facility. Facility representatives stated that vehicles are brought to an uncovered processing rack where batteries are stripped, fluids are drained, and major components are removed. Batteries are stored in the processing area until they are hauled away by a contractor approximately once a month. Oils and fuel are drained separately into drums and burned in a furnace located in a garage near the northeastern perimeter of the Facility. The furnace is ventilated outside of the garage. Facility representatives stated that vehicles are hauled away to a metal processor if they can no longer be used for salvage. No vehicle crusher was located onsite. Tires that can be reused are sold to wholesale companies as needed; damaged tires are collected and hauled to county landfills. II. INSPECTION PROCESS Inspection Opening Conference The EPA Inspection Team arrived at the Facility at 12:45 PM (EDT) for the inspection. Mr. Jake Albright of PG Environmental displayed his Clean Water Act inspector credential to the Facility representatives at the outset of the inspection and explained that the purpose of the inspection was to observe compliance with the Permit. The EPA Inspection Team informed the Permittee that any information that the Facility deemed to be confidential business information ("CBI") should be identified to the EPA Inspection Team and it would be handled according to EPA's CBI procedures. Unique Project Identifier: 3E21WN081A Page 3 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Name Jake Albright Table 1: Inspection Attendee List Affiliation Telephone EPA Region III Inspectors and Contractors Email PG Environmental (703) 956-1957 Jake.Albright@pgenv.com Shane McAleer EPA Region III (215) 814-5616 Mcaleer.Shane@epa.gov Amanda Pruzinsky Kelly Davis Mr. Henry Archie, Owner Mr. Virdell Buffington, General Manager EPA Region III (215) 814-5456 Eastern Research Group (ERG), Inc. (703) 633-1600 Facility Representative Penny's Auto Parts and Salvage (703) 643-2011 Penny's Auto Parts and Salvage Pruzinsky.Amanda@epa.gov Kelly.Davis@erg.com - - Weather and Precipitation Conditions During the inspection, weather was overcast and there were periods of moderate rain. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and 5 days prior are provided in the Table 2 below: Table 2. Precipitation Data Station Name Date WOODBRIDGE 5.9 NW, VA US US1VAPW0010 WOODBRIDGE 5.9 NW, VA US US1VAPW0010 WOODBRIDGE 5.9 NW, VA US US1VAPW0010 WOODBRIDGE 5.9 NW, VA US US1VAPW0010 WOODBRIDGE 5.9 NW, VA US US1VAPW0010 WOODBRIDGE 5.9 NW, VA US US1VAPW0010 03/19/2021 03/20/2021 03/21/2021 03/22/2021 03/23/2021 03/24/2021 Precipitation Amount (inches)1 0.23 0.00 0.00 0.00 0.00 0.10 1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Unique Project Identifier: 3E21WN081A Page 4 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Records Review The Facility had not completed its application for coverage under the Permit at the time of the inspection. Operations onsite appeared consistent with activities classified under Sector M - Automobile Salvage Yards. Since the facility was unpermitted at the time of the inspection, documents and records required by the Permit had not been developed and maintained, and thus, were not reviewed. Previous Virginia Department of Environmental Quality (DEQ) inspection reports and enforcement correspondence were provided electronically by DEQ and reviewed offsite. The following documents were reviewed: DEQ General Inspection Report (March 13, 2014) DEQ Recon Inspection Report (August 17, 2018) DEQ Special Order (effective September 9, 2019) VPDES Registration Statement and Virginia DEQ Correspondence (January 2021 through February 2021) DEQ Correspondence Regarding Permit Registration (February 22, 2021) Facility Site Walk As part of the inspection process, the EPA Inspection Team visually observed the site conditions in the presence of the Facility representatives. The primary purpose of the inspection was to review industrial processes and operations at the Facility. Photographs were taken during the inspection by Mr. Jake Albright and Ms. Kelly Davis. Photographs used to support the observations in this report are included in Appendix A, Photograph Log. Photographs not used are kept on file at EPA Region III. Documents used to support the observations in this report are included in Appendix B, Exhibit Log. The EPA Inspection Team began the Facility walk-through at the entrance located along the southeastern perimeter of the Facility (refer to Appendix A, DSCN4031). The EPA Inspection Team observed the preprocessing holding area and the exterior of the trailer office (refer to Appendix A, DSCN2183 and DSCN2184, and DSCN4130). The EPA Inspection Team continued along the northeastern perimeter of the Facility and observed the outdoor vehicle processing rack located adjacent to the trailer office (refer to Appendix A, DSCN4038 and DSCN4043). To the west of the vehicle processing area was a garage that contained a furnace. Facility representatives stated that the furnace was used to burn oils and fuel drained from the processed vehicles. The furnace was ventilated outside of the garage (refer to Appendix A, DSCN4054 and DSCN4055). The EPA Inspection Team continued along the northeastern Facility perimeter, observing the northern post-processing vehicle holding area (refer to Appendix A, DSCN4058 and DSCN4073). The EPA Inspection Team continued to observe the northwestern Facility perimeter, observing the western post-processing vehicle holding area. The EPA Inspection Team continued the inspection along the Facility's southwestern perimeter and observed the additional post-processing vehicle holding area. Locations of broken fencing was observed along the Facility's southwestern perimeter and southern corner (refer to Appendix A, DSCN4081 and DSCN4094). The EPA Inspection Team observed the described outfall location at the Facility's southern corner (refer to Appendix A, DSCN4094, DSCN4095, and DSCN4098). Unique Project Identifier: 3E21WN081A Page 5 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report After walking the Facility grounds, the EPA Inspection Team exited the Facility's perimeter and walked along the wooded area on the Facility's southwestern perimeter as well as along the access road bordering the Facility's southeastern perimeter. The EPA Inspection Team observed signs of discharge along the Facility's southwestern perimeter (refer to Appendix A, DSCN2237, DSCN4081, and DSCN4104). The EPA Inspection Team also observed runoff actively discharging from the southeastern perimeter wall in a different location than the described outfall (refer to Appendix A, DSCN4113 and DSCN4114). The EPA Inspection Team concluded the Facility walkthrough outside the Facility's office trailer. Summary of Observations The following section summarizes the EPA Inspection Team's observations relative to Permit status and observed site conditions. Permit Status The Facility was not covered under a permit for industrial stormwater discharges at the time of the inspection. On March 24, 2021, The EPA Inspection Team only inspected Penny's Auto Parts and Salvage owned by Mr. Henry Archie, Jr. The EPA Inspection Team observed that there was another adjacent salvage yard operation located in the same vicinity. Facility representatives explained that one person owns the property on which both businesses were located (Mr. Henry Archie, Jr.); however, the businesses are individually owned. Both businesses were using the name, "Penny's" -- Penny's Used Auto Parts (owned by Mr. Richard Archie) and Penny's Auto Parts and Salvage (owned by Mr. Henry Archie, Jr.). The businesses were separated by a fence through approximately the middle of the combined properties. Facility representatives stated neither facility was permitted at the time of the inspection. Facility representatives stated that in the past there was only one business at the location; however, the property split into two separate businesses approximately 10 to 15 years prior to the inspection. The Facility had not filed and been approved for Permit coverage at the time of the inspection. Facility representatives explained they had applied for coverage under the Permit on January 22, 2021; however, the application was not fully completed and has not been approved by DEQ (refer to Attachment B, Exhibit 2). Operations onsite appeared consistent with activities classified under Sector M - Automobile Salvage Yards. Additionally, the application used the name and address for Penny's Used Auto Parts (19059 Minnieville Road, Woodbridge, VA 22192). The owner on the application is listed as Mr. Henry Archie, with a mailing address of 13304 Telegraph Road, Woodbridge, VA 22192, which is the address of Penny's Auto Parts and Salvage. Facility representatives explained that a permit had been issued for Penny's Used Auto Parts (19059 Minnieville Road, Woodbridge, VA 22192) in the past and had expired in 2018. They stated that they assumed the previous permit covered Penny's Used Auto Parts and Penny's Auto Parts and Salvage. Based on observations made during the inspection, it appeared as though there were two separate businesses operating adjacent to one another, separated by a fence line. Facility representatives stated that the previous permit, which listed Penny's Used Auto Parts as the permittee, included one outfall, Outfall 001, at the southern Unique Project Identifier: 3E21WN081A Page 6 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report corner of the Penny's Auto Parts and Salvage property; however, the EPA Inspection Team observed runoff leaving the Facility in another location at the time of the inspection. Specifically, the EPA Inspection Team observed stormwater actively discharging from the southeastern perimeter of the Facility at the time of the inspection (refer to Appendix A, DSCN4113 and DSCN4114). Additionally, the EPA Inspection Team observed evidence of discharge from a location along the southwestern perimeter of the Facility and at the southern corner of the Facility into the wooded area south of the Facility (refer to Appendix A, DSCN2237, DSCN4081, DSCN4094, DSCN4095, DSCN4098, andDSCN4104). These locations were not designated as outfalls in the previous permit. Runoff was observed from the southeastern perimeter of the Facility over the access road and into a wooded area southeast of the Facility (refer to Appendix A, DSCN4113 and DSCN4114). A drainage ditch was located approximately 50-75 feet southwest from the Facility's southwestern perimeter (refer to Appendix A, DSCN4081, DDSCN4095, and DSCN4098). Stormwater Pollution Prevention Plan (SWPPP) As stated previously, the Facility was not permitted and had not developed or maintained documents required by the Permit. A Facility SWPPP, or similar document, had not been developed at the time of the inspection. The DEQ inspection performed on January 24 and February 26, 2014 (i.e., during the period Penny's Used Auto Parts had been covered by a permit), found that the Facility had not developed a SWPPP (refer to Appendix B, Exhibit 3). The DEQ inspection performed on July 25, 2018, found that the Facility had not developed a SWPPP; DEQ subsequently made a request to correct the action and develop a SWPPP by September 7, 2018 (refer to Appendix B, Exhibit 4). The request was not fulfilled. In the DEQ Special Order, effective on September 9, 2019, the Facility was mandated to submit a SWPPP to DEQ within 90 days (refer to Appendix B, Exhibit 5). The mandate had not been fulfilled at the time of the inspection, and the Facility had not re-applied for permit coverage after the previous permit expired in 2018. Pollution Prevention and Good Housekeeping The EPA Inspection made the following observations regarding pollution prevention and good housekeeping at the Facility: - The EPA Inspection Team observed petroleum sheen on the lot surface in the southeastern area of the Facility (refer to Appendix A, DSCN4087, DSCN4089, and DSCN4132). No odor of petroleum was detected. - Uncovered and uncontained scrap material, tires, engines, fuel tanks, and transmission components were stacked and littered throughout the Facility, uncovered and uncontained (refer to Appendix A, DSCN4038, DSCN4043, DSCN4058, DSCN4128, and DSCN4130). - The EPA Inspection Team observed that not all fluids were drained from all vehicles during processing. Windshield wiper fluid was observed in at least two vehicles in the post-processing holding area adjacent to the Facility's southwestern perimeter (refer to Appendix A, DSCN2219 and DSCN4073). Facility representatives stated they were unaware until recently that they needed to drain wiper fluid. - The EPA Inspection Team observed that not all batteries were removed from all vehicles during processing. Batteries were observed installed in at least four vehicles in Unique Project Identifier: 3E21WN081A Page 7 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report the post-processing vehicle holding area (refer to Appendix A, DSCN4073, DSCN4077, DSCN4120, and DSCN4123). - The EPA Inspection Team observed a collection of drums, totes, a tank, and various vehicle parts stored uncovered at the southeastern perimeter of the Facility. Facility representatives stated that all containers were empty (refer to Appendix A, DSCN2183, DSCN2184, and DSCN4130). Closing Conference At the conclusion of the onsite inspection, the EPA Inspection Team conducted a closing conference with the Owner and General Manager and shared preliminary observations. The EPA Inspection Team reiterated that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by the EPA Inspection Team upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after the additional review of materials following the inspection. The inspection concluded at approximately 2:15 PM (EDT). Unique Project Identifier: 3E21WN081A Page 8 of 8 Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Appendix A Photograph Log Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Fuel totes Drums DSCN2183. View, facing northeast, of a pile of uncovered 55-gallon drums and fuel totes at the Facility's southeastern perimeter. Facility representatives stated that all containers were empty. Drums DSCN2184. View, facing southeast, of uncovered 55-gallon drums at the Facility's southeastern perimeter. Facility representatives stated that the drums were empty. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Windshield wiper fluid DSCN2219. View of a vehicle that contained windshield wiper fluid along the Facility's southwestern perimeter. Damaged fence and apparent discharge location DSCN2237. View, facing north, of a location along the Facility's southwestern perimeter where the fence was damaged and there were signs of discharge. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report DSCN4031. (original cropped to show sign) Facility entry sign. Vehicle processing rack DSCN4038. View, facing west, of an uncovered pile of tires located at the Facility's northeastern area, outside of the trailer office. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Vehicle processing rack DSCN4043. Another view, facing west, of an uncovered pile of tires located at the Facility's northeastern area, outside of the trailer office. Note the vehicle processing rack. DSCN4054. View of the oil and fuel burning furnace inside a garage in the northeast area of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Ventilation pipe DSCN4055. View, facing northwest, of the ventilation pipe outside of the garage that housed the furnace shown in DSCN4054. DSCN4058. View, facing southwest, of a pile of suspension members, a fuel tank, and other vehicle components piled in the central area of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Wiper fluid Battery DSCN4073. View of a battery inside a vehicle stored at the northeast fence line. A fluid reservoir with wiper fluid remaining was also observed. Battery DSCN4077. View of a battery inside a vehicle stored near the southwestern perimeter of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Drainage ditch Direction of flow DSCN4081. View, facing south, of a damaged location at the southwestern fence. Evidence of discharge from the Facility was observed at the location. Petroleum Sheen DSCN4087. View of oil sheen located at the eastern area of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Petroleum Sheen DSCN4089. View of oil sheen on the ground of the southeastern area of the Facility. Outfall 001 Direction of flow DSCN4094. View, facing northeast, of Outfall 001 (as designated in the previous permit) at the Facility's southern corner. Note the collapsed fence. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Drainage ditch Direction of flow Outfall 001 DSCN4095. View, facing south, downgradient of Outfall 001 of the wooded area south of the Facility. Drainage ditch Direction of flow from Outfall 001 Outfall 001 DSCN4098. View, facing south, of Outfall 001. Evidence of discharge from the Facility was observed at the location. Note the drainage ditch in the wooded south of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Direction of flow Damaged fence and apparent discharge location DSCN4104. View, facing north, of a damaged location at the southwestern fence shown in DSCN4081. Evidence of discharge from the Facility was observed at the location. Photograph was taken offsite. Apparent discharge location DSCN4113. View, facing northeast, of stormwater pooled outside of the Facility's southeastern perimeter. Note the apparent discharge location. Photograph was taken offsite. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Direction of flow DSCN4114. View, facing east, of stormwater discharged to the east of the Facility from the location shown in DSCN4113. Photograph was taken offsite. Battery DSCN4120. View of a battery installed in a vehicle stored in the Facility's eastern perimeter. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Battery DSCN4123. View of a battery installed in a vehicle stored at the Facility's eastern perimeter. Pile of uncovered vehicle components DSCN4128. View, facing southeast, of a pile of uncovered vehicle components located at the center of the Facility. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report DSCN4130. View, facing north, of uncovered 55-gallon drums, containers, an approximately 275gallon tank, tires, and various vehicle parts at the southeastern perimeter of the Facility. Note a lack of secondary containment. Facility representatives stated that the drums, containers, and tanks were empty. Petroleum sheen DSCN4132. View of a petroleum sheen located in the Facility's southeastern area. Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Appendix B Exhibit Log Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Exhibit 1 - Aerial Facility Image Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Penny's Used Auto Parts Site Penny's Auto Parts and Salvage Outfall 001 Entrance Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Exhibit 2 - Permit Registration Statement and DEQ Correspondence Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 COMMONWEALTH of VIRGINIA Matthew J. Strickler Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY NORTHERN REGIONAL OFFICE 13901 Crown Court, Woodbridge, Virginia 22193 (703) 583-3800 www.deq.virginia.gov February 22, 2021 David K. Paylor Director Thomas A. Faha Regional Director Mr. Virdell Buffington Jr. P.O. Box 484 Triangle, VA 22172 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Coverage under the Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity - Registration # VAR052115 (Penny's Used Auto Parts, Inc.) Dear Mr. Buffington: This correspondence is being sent in response to a registration statement received on January 22, 2021, for the above referenced registration number. An initial review of the registration statement has been completed. There are a number of items that need attention before the registration statement can be deemed complete and processing of the general permit registration statement can continue. Question 2: The response to question 2 (owner name) indicates that Henry Archie is the entity responsible for permit coverage. If a company or corporation is not identified here, the response of Henry Archie means that the permit will be issued to the individual rather than to a business. Please review and provide clarification as to whether the permit should be issued to Henry Archie as an individual or to a business. If the permit is to be issued to a business, a State Corporation Commission (SCC) entity identification number must be provided in question 12 and the status of the business must be "active" with the SCC. DEQ cannot issue the permit to an inactive entity, or to an entity that is otherwise not in good standing with the SCC. Question 2: Owner contact information was not provided as required by the registration statement. Please provide this information. Question 5: The facility is required to have a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the general permit. Current enforcement proceedings have required that a SWPPP be prepared. However, the response to question five indicates that a SWPPP has not been prepared. Please provide a copy of the SWPPP with your response to this letter (via email or another delivery service such as the U.S. Postal Service) or provide the status for development if not yet completed. Question 9: A site map was not provided as required by the registration statement. Please provide this information. VAR052115 Registration Statement Review February 22, 2021 Page 2 of 2 Question 10a: This question was not answered as required by the registration statement. Please provide all required information. Question 10b: This question was not answered as required by the registration statement. Please provide all required information. Question 12: A State Corporation Commission (SCC) entity identification number was provided as required by the registration statement. However, the status of the business is listed as inactive. If the permit is to be issued to the business associated with the entity identification number provided, the business must be "active" with the SCC. Please provide a revised registration statement addressing the above items, and a copy of the facility's SWPPP, if available, no later April 1, 2021. A blank registration statement is included for your use. If a SWPPP has not been prepared, please contact me regarding a revised schedule for submittal of that item. Should you have any questions, please do not hesitate to contact me at (703) 583-3853 or susan.mackert@deq.virginia.gov. Respectfully, Susan Mackert Environmental Specialist II, Senior II Ec: J. Hess (JHess@oag.state.va.us) Ben Holland (benjamin.holland@deq.virginia.gov) Carla Pool (carla.pool@deq.virginia.gov) Stephen Selby (stephen.selby@dmv.virginia.gov) Thomas Shelton (thomas.shelton@dmv.virginia.gov) Enc: 2019 - 2024 VPDES General Permit for Stormwater Discharges Associated with Industrial Activity Registration Statement (Blank) 2019 - 2024 VPDES General Permit for Stormwater Discharges Associated with Industrial Activity Registration Statement (Submitted to DEQ by Penny's Used Auto Parts with DEQ Review Notes) Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Stormwater Discharges Associated with Industrial Activity (VAR05) Registration Statement (Please Type or Print All Information) 1. Facility Information: Facility Name: Facility Mailing Address: Facility Location (if different than mailing address): FacilityLocal Contact: P^^/s ^D ff^o /fi/^Ts. ^/<L (street) /,-^^ w/^/^///S /?0/i/) ("<y) ^oi}0^6-^ (state) }/ff (ziP)^^/^? (street or location) W/k/M^- ^^ftl G^^l (state) ^ (zip)^/^ (name) /^/^y ^ fl^&^ (title) ff(^^A (phorie)^^, (phone) (phone) 70-3-^yj-^// (email) 2.OwnerInformation (theentity responsible forpermitcoverage): Owner Name: ^^y ^ /^c^/^f Who are we issuing the permit to? Mr. Archie personally or to the business? Owner Mailing Address: (street) yjj^7^ %^S^(^ ^W/? (city) \A/<. w^^/i)(y' (state) V/^ (zip) ^, ^2- ~7^r (Phone)^jr-yW/1 Owner Contact: (name) (title) Provide owner contact information as required. (phone) (email) 3.Natureofthebusiness conducted atthefacilityto becovered underthisgeneral permit: /^ ^/VftG-^ /ft^D 4. ExistmaVPDES permits assigned to facility (permit numbers) Vfl^^S'^/fS' 5. For a new facility, a facility previously covered by an expiring individual permit, or an existing facility not currently covered bya VPDES permit, has a Stormwater Pollution Prevention Plan (SWPPP) been prepared? Yes L No | Please clarify whether a SWPPP has been developed for the facility. 6. Doesthefacility^charge to a MunicipalSeparateStorm SewerSystem (MS4)? YesD NoQ^Ifyes,thefacilityownermust notifytheowneroftheMS4oftheexistence ofthedischarge information at the time of registration under this permit and include that notification with this registration statement. The notice shall include the following information: the name of the facility, a contact person and telephone number, the location ofthe discharge, the nature of the discharge, and the facility's VPDESgeneral permit number, if available. 1of4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) 7. Answer the questions below as they apply to the facility's discharges. a. If the facility is a landfill (Sector L), indicate the type of landfill (i. e., MSWLF (municipal solid waste landfill), CDD (construction debris and demolition), or other), and which outfalls (if any) receive contaminated stormwater runoff. J b. If the facility is a timber products operation (Sector A), indicate which outfalls (if any) receive discharges from wet decking. c. Jfthe_facilityhascoalstoragepiles,indicateanyoutfallsreceivingdischargesfromcoalstoragepiles. d. Ifthe facility manufactures asphalt paving and roofing materials (Sector D), indicate which outfalls (if any) receivedischargesfromareaswhereproductionofasphaltpavingemulsionsorroofingemulsionsoccur. e. If the facility manufacturescement, indicate which outfalls (if any) receive discharges from material storage piles. f. If a scrap recycling and waste recycling facility (Sector N - SIC 5093) only receives source-separated recyclable materials, indicate which outfalls (if any) receive discharges from this activity. List the metals (if any) that are received. g. For primary airports, list the average deicing season and indicate which outfalls (if any) receive discharges from deicing of non-propeller aircraft, and the annual average departures of non-propeller aircraft. /(should be noted thatairport facilities subject tothe effluent limitation guidelines in 40CFRPart449are not authorized under this general permit. 8. Listthe following facility area information: a. The total area of the facility in acres. -5- ftC^^ 767^1, S'/Kl^^-5 <^c.^ /^ b.Thetotal areaofindustrialactivityofthefacilityin acres. S- /i<L^<, ^d7ff^- /^) c. Jhetotal impervious surface areaofthe industrial activity ofthe facility in acres. ^ /^^' ^ffd^f 7S ^-7^^ ^A 9. Attacha sitemapto the registrationstatementdepictingthefollowing: a. The property boundaries. Please submit a site map as required. b.All industrialactivityoutfalls labeledwith uniquenumerical identificationforeachoutfall. Outfalls shall be numbered using a unique numerical identification code (numbers only, no letters) for each outfall. For example, Outfall Number 001, Outfall Number 002, etc. c. All water bodies or MS4 conveyances, labeled with names if applicable, receiving stormwater dischargesfrom the site. 2 of 4 DEQ-WATERFORMSWGP-VAR05-RS(7/19) 10. a. Outfall Information (both tables 10. a & 10. b must be completed for each outfall): Outfall Number SIC Code (up to 4 per outfall) Discharge to MS4? (Yes/No) MS4System Name (if outfall discharges to MS4) Receiving Stream This section must be completed. Identify up to four four-digit Standard Industrial Classification (SIC) Codes or 2-letter Industrial Activity Codes that best represent the principal products or services rendered by the facility and major co-located activities The 2-letter Industrial Activity Codes are: HZ- hazardous waste treatment, storage, or disposal facilities: LF- landfills and disposalfacilitiesthatreceiveorhavereceivedanyIndustrialwastes;SE- steamelectricpowergeneratingfacilities;or,TW treatment workstreating domesticsewage. 10.b. OutfallInformation(completetableforeachoutfall listed in 10.a): Outfall Number Total Area of Industrial Activity Drainingto Outfall (acres) Impervious Area of IndustrialActivity Draining to Outfall (acres) Latitude Longitude This section must be completed. Latitudeand longitude information may be obtainedfrom DEQ'sVirginiaEnvironmental GeographicInformationSystem (VEGIS) at the following: https://www. dea. virQinia. aov/ConnectWithDEQ/VEGIS. as[)x 11. Is this a new facility that commenced construction after June 30, 2019, located in the Chesapeake Bay watershed,and applyingforfirst timegeneral permit coverage? Yes D No Ifyes, attachthe required documentation.(Seethe registrationstatement instructionsfor additionalinformation). 12. Provide the State Corporation Commission (SCO) entity identification number, if the owner is required to obtain an entity identification number by law. If not applicableto the owner, please indicate"NA"as your answer. y>- s^^^y^^ D^ /s - ^- ^r-^ ^ SCC ID is listed as inactive. 3of4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) 13. Electronic Transmittal of Permit Coverage: Indicate ifDEQmaytransmit the permit coverage documents electronically. YesD NoS"- IfYes provide instructions: 14. Certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility offine and imprisonment for knowing violations." Print Name Signature: H^^ fl^H^ Title: (^-^x Date:I //^^/^(?^ / ~? T 4of4 DEQ-WATER FORM SIVGP-VAR05-RS (7/19) Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Stormwater Discharges Associated with Industrial Activity (VAR05) Registration Statement (Please Type or Print All Information) 1. Facility Information: Facility Name: Facility Mailing Address: Facility Location (if different than mailing address): (street) ( c (city) i t (street or location) y ) (city) Facility Local Contact: (name) (phone) (state) (state) (zip) (zip) (title) (email) (phone) (phone) 2. Owner Information (the entity responsible for permit coverage): Owner Name: Owner Mailing Address: (street) (city) (state) Owner Contact: (name) (phone) (zip) (title) (email) (Phone) 3. Nature of the business conducted at the facility to be covered under this general permit: 4. Existing VPDES permits assigned to facility (permit numbers): 5. For a new facility, a facility previously covered by an expiring individual permit, or an existing facility not currently covered by a VPDES permit, has a Stormwater Pollution Prevention Plan (SWPPP) been prepared? Yes No 6. Does the facility discharge to a Municipal Separate Storm Sewer System (MS4)? Yes No If yes, the facility owner must notify the owner of the MS4 of the existence of the discharge information at the time of registration under this permit and include that notification with this registration statement. The notice shall include the following information: the name of the facility, a contact person and telephone number, the location of the discharge, the nature of the discharge, and the facility's VPDES general permit number, if available. 1 of 4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) 7. Answer the questions below as they apply to the facility's discharges. a. If the facility is a landfill (Sector L), indicate the type of landfill (i.e., MSWLF (municipal solid waste landfill), CDD (construction debris and demolition), or other), and which outfalls (if any) receive contaminated stormwater runoff. b. If the facility is a timber products operation (Sector A), indicate which outfalls (if any) receive discharges from wet decking. c. If the facility has coal storage piles, indicate any outfalls receiving discharges from coal storage piles. d. If the facility manufactures asphalt paving and roofing materials (Sector D), indicate which outfalls (if any) receive discharges from areas where production of asphalt paving emulsions or roofing emulsions occur. e. If the facility manufactures cement, indicate which outfalls (if any) receive discharges from material storage piles. f. If a scrap recycling and waste recycling facility (Sector N - SIC 5093) only receives source-separated recyclable materials, indicate which outfalls (if any) receive discharges from this activity. List the metals (if any) that are received. g. For primary airports, list the average deicing season and indicate which outfalls (if any) receive discharges from deicing of non-propeller aircraft, and the annual average departures of non-propeller aircraft. It should be noted that airport facilities subject to the effluent limitation guidelines in 40 CFR Part 449 are not authorized under this general permit. 8. List the following facility area information: a. The total area of the facility in acres. b. The total area of industrial activity of the facility in acres. c. The total impervious surface area of the industrial activity of the facility in acres. 9. Attach a site map to the registration statement depicting the following: a. The property boundaries. b. All industrial activity outfalls labeled with unique numerical identification for each outfall. Outfalls shall be numbered using a unique numerical identification code (numbers only, no letters) for each outfall. For example, Outfall Number 001, Outfall Number 002, etc. c. All water bodies or MS4 conveyances, labeled with names if applicable, receiving stormwater discharges from the site. 2 of 4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) 10. a. Outfall Information (both tables 10. a & 10. b must be completed for each outfall): Outfall Number SIC Code (up to 4 per outfall) Discharge to MS4? (Yes/No) MS4 System Name (if outfall discharges to MS4) Receiving Stream Identify up to four four-digit Standard Industrial Classification (SIC) Codes or 2-letter Industrial Activity Codes that best represent the principal products or services rendered by the facility and major co-located activities The 2-letter Industrial Activity Codes are: HZ - hazardous waste treatment, storage, or disposal facilities; LF - landfills and disposal facilities that receive or have received any industrial wastes; SE - steam electric power generating facilities; or, TW treatment works treating domestic sewage. 10. b. Outfall Information (complete table for each outfall listed in 10. a): Outfall Number Total Area of Industrial Activity Draining to Outfall (acres) Impervious Area of Industrial Activity Draining to Outfall (acres) Latitude Longitude Latitude and longitude information may be obtained from DEQ's Virginia Environmental Geographic Information System (VEGIS) at the following: https://www.deq.virginia.gov/ConnectWithDEQ/VEGIS.aspx 11. Is this a new facility that commenced construction after June 30, 2019, located in the Chesapeake Bay watershed, and applying for first time general permit coverage? Yes No If yes, attach the required documentation. (See the registration statement instructions for additional information). 12. Provide the State Corporation Commission (SCC) entity identification number, if the owner is required to obtain an entity identification number by law. If not applicable to the owner, please indicate "NA" as your answer. 3 of 4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) 13. Electronic Transmittal of Permit Coverage: Indicate if DEQ may transmit the permit coverage documents electronically. Yes No If Yes provide instructions: 14. Certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations." Print Name Signature: Title: Date: 4 of 4 DEQ-WATER FORM SWGP-VAR05-RS (7/19) REGISTRATION STATEMENT INSTRUCTIONS for DEQ WATER FORM SWGP-VAR05-RS VPDES General Permit for Stormwater Discharges Associated with Industrial Activity (VAR05) WHO MUST FILE THE REGISTRATION STATEMENT The owner of any new or existing facility that has discharges of stormwater associated with industrial activity through a point source to surface waters, or through a municipal or non-municipal separate storm sewer system (MS4) to surface waters, may request coverage under this general permit by completing and submitting this Registration Statement. (See Table 1 for a list of the specific Standard Industrial Classification code facilities eligible for coverage under this general permit). WHERE TO FILE THE REGISTRATION STATEMENT Submit the completed and signed Registration Statement to the DEQ Regional Office that serves the area where your facility is located. The Registration Statement may be submitted by either postal or electronic mail. The Permit Application Fee Form and your check for $500 (made payable to "Treasurer of Virginia") should be sent to DEQ Receipts Control, P.O. Box 1104, Richmond, VA 23218. The Fee Form, Regional Office addresses and email addresses are available online at www.deq.virginia.gov, or by calling the DEQ at (804) 698-4000. COMPLETENESS In order for your application to be deemed complete and permit processing to proceed, all items must be completed as applicable. Attach extra sheets of paper if you need more space than the form allows. ANTIDEGRADATION REQUIREMENTS Coverage under this general permit will not be granted unless the facility's stormwater discharges comply with Virginia's Antidegradation Policy under 9VAC25-260-30 of the Water Quality Standards. An individual permit application may be required to allow a proposed discharge to High Quality Waters (see 9VAC25-260-30 A 2), or permit coverage may be denied for a proposed discharge to Exceptional Waters (see 9VAC25-260-30 A 3). The Department will notify you if your discharges will not comply with the antidegradation requirements. SIC Code mean the "Standard Industrial Classification" code listed in the Federal Office of Management and Budget (OMB) SIC Manual, 1987. SIC codes are used as identifiers of industries with certain characteristics. SECTION-BY-SECTION INSTRUCTIONS Section 1 Facility Information Facility Name: Provide the name of the facility Facility Mailing Address: Provide the mailing address of the facility Facility Location (if different than mailing address): Provide the location of the facility ("911" street address). Facility Local Contact: Provide the name and title of the contact for the facility and with whom day to day business will be conducted, email, and phone number. Section 2 Owner Information Owner Name: Provide the name of the person, partnership, LLC, corporation or other legal entity that owns the business. This does not have to be the owner of the building (e.g., if it is leased) but who is responsible for the business and wants coverage under the general permit. Owner Mailing Address: Provide the complete mailing address and phone number for the legal entity that owns the business. Owner Contact: Provide the name and title of the contact that represents the legal entity that owns the business, email, and phone number. Section 3 Nature of the Business Provide a brief description of the nature of the business conducted at the facility that is to be covered under this general permit. Section 4 Existing VPDES Permits List the permit numbers of any existing VPDES permits issued to the facility. Section 5 Stormwater Pollution Prevention Plan (SWPPP) Owners of new facilities, facilities previously covered by an expiring individual permit, or an existing facility not currently covered by a VPDES permit who are applying for coverage under this general permit must prepare and implement a written SWPPP for the facility in accordance with the general permit requirements (see 9VAC25-151-70 et seq.) prior to submitting the Registration Statement. If this is a new facility, a facility previously covered by an expiring individual permit, or an existing facility not currently covered by a VPDES permit, indicate if a SWPPP has been prepared. DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) Section 6 Discharges to a Municipal Separate Storm Sewer System (MS4) Indicate if the discharge is into an MS4. MS4 are sometimes difficult to detect. Generally, MS4s are a conveyance or system of conveyances (including roads with drainage systems (roadside ditches), municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains: (i) owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity. Note that VDOT roadside ditches and drainage-ways are MS4s. The MS4s eventually discharges to surface waters of the state and are designed or used for collecting or conveying stormwater. They are not part of a combined sewer (stormwater and sewage) and are not part of a Publicly Owned Treatment Works (POTW) (sanitary sewer). A list of MS4 owners are on the DEQ MS4 web site. Generally, if you are within the boundaries of the locality or entity listed, you are in the MS4 area but that does not necessarily mean you discharge to the MS4. For example, if the discharge is to a stream that does not go through the MS4 conveyance (street, catch basin, curb, gutter, etc.) you do not have to notify the MS4 owner. If you do discharge into an MS4, you must notify the MS4 owner in writing of the existence of your discharge and include that notification with this registration statement. The notification to the MS4 owner shall include the name of your facility, a contact person, contact information, the location of the discharge, the nature of the discharge and your VPDES general permit registration number if already assigned by DEQ. This may be a copy of a letter or email. No response from the MS4 owner is required. Section 7 Facility Discharges Answer the additional questions in Section 7 as they apply to the facility's discharges. Section 8 Facility Area Information List the total area of the facility in acres, the total area of industrial activity of the facility in acres, and the total impervious surface area of the industrial activity of the facility in acres. "Impervious surface" means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. "Industrial activity" - the following categories of facilities are considered to be engaging in "industrial activity": 1. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which are exempted under category 10 of this definition); 2. Facilities classified as Standard Industrial Classification (SIC) 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285), 29, 311, 32 (except 323), 33, 3441, and 373 (Office of Management and Budget (OMB) SIC Manual, 1987); 3. Facilities classified as SIC 10 through 14 (mineral industry) (OMB SIC Manual, 1987) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR 434.11(l) because the performance bond issued to the facility by the appropriate Surface Mining Control and Reclamation Act of 1977 (SMCRA) (30 USC 1201 et seq.) authority has been released, or except for areas of noncoal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator owner or operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, benefication, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim); 4. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.); 5. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition, and debris/wastes debris or wastes from VPDES regulated construction activities/sites activities or sites), including those that are subject to regulation under Subtitle D of RCRA; 6. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification Codes 5015 and 5093 (OMB SIC Manual, 1987); 7. Steam electric power generating facilities, including coal handling sites; 8. Transportation facilities classified as SIC Codes 40, 41, 42 (except 4221-4225), 43, 44, 45, and 5171 (OMB SIC Manual, 1987) which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operation, airport deicing operation, or which are otherwise identified under categories 1 through 7 or 9 and 10 of this definition are associated with industrial activity; 9. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved POTW pretreatment program under 9VAC25-31. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 9VAC25-31-420 through 9VAC25-31- 720; 10. Facilities under SIC Codes 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-4225 (OMB SIC Manual, 1987). DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) Section 9 Required Maps Attach a site map depicting the property boundaries, all industrial activity outfalls labeled with unique numerical identification code (numbers only, no letters) for each outfall (for example, Outfall Number 001, Outfall Number 002, etc.), and all water bodies or MS4 conveyances (labeled with names if applicable), receiving stormwater discharges from the site. If you are reapplying for coverage under this general permit, outfall numbers should match what was previously submitted. Section 10 Outfall Information It should be noted that all outfall information in Tables 10 a & 10 b must be completed for each facility outfall. Table 10 a include: Outfall number - Outfalls shall be numbered using a unique numerical identification code (numbers only, no letters) for each outfall. For example, Outfall Number 001, Outfall Number 002, etc. SIC Codes - Identify up to four separate four-digit Standard Industrial Classification (SIC) codes or 2-letter Industrial Activity Codes that best represent the principal products or services rendered by the facility and major co-located industrial activities. The 2-letter Industrial Activity Codes are: HZ - hazardous waste treatment, storage, or disposal facilities; LF landfills/disposal facilities that receive or have received any "industrial activity" wastes; SE - steam electric power generating facilities; or, TW - treatment works treating domestic sewage. Indicate if each outfall discharges to a MS4 conveyance If an outfall discharges to a MS4 conveyance, provide the MS4 system name List the receiving water body name receiving a stormwater discharge from each outfall Table 10 b include: Outfall number- Each outfall should match the outfalls provided in Table 10 a. Provide the total area, in acres, of industrial activity draining to each outfall. Provide the total impervious area, in acres, of industrial activity draining to each outfall Provide the latitude of each outfall Provide the longitude of each outfall Latitude and longitude information may be obtained from DEQ's Virginia Environmental Geographic Information System (VEGIS) at the following: https://www.deq.virginia.gov/ConnectWithDEQ/VEGIS.aspx Section 11 New Facilities in the Chesapeake Bay Watershed that Commenced Construction After June 30, 2019 Virginia's Phase I Chesapeake Bay TMDL Watershed Implementation Plan (November 29, 2010) states that wasteloads for future growth for new facilities in the Chesapeake Bay watershed with industrial stormwater discharges cannot exceed the nutrient and sediment loadings that were discharged prior to the land being developed for the industrial activity. For purposes of this permit regulation, facilities that commence construction after June 30, 2019, must be consistent with this requirement to be eligible for coverage under this general permit. If this is a new facility that commenced construction after June 30, 2019, in the Chesapeake Bay watershed, and applying for first time general permit coverage, attach documentation to the registration statement to demonstrate: a. That the total phosphorus load does not exceed the greater of (i) the total phosphorus load that was discharged from the industrial area of the property prior to the land being developed for the new industrial activity, or (ii) 0.41 pounds per acre per year (the VSMP water quality design criteria). The documentation must include the measures and controls that were employed to meet this requirement, along with the supporting calculations. The owner may include additional nonindustrial land on the site as part of any plan to comply with the no net increase requirement. Consistent with the definition of "site", this includes adjacent land used in connection with the facility. Compliance with the water quality design criteria may be determined utilizing the Virginia Runoff Reduction Method or another equivalent methodology approved by the Board. Design specifications and pollutant removal efficiencies for specific BMPs can be found on the Virginia Stormwater BMP clearing house website at https://www.swbmp.vwrrc.vt.edu/; or b. The owner may consider utilization of any pollutant trading or offset program in accordance with 62.1-44.19:20 through 62.1-44.19:23 of the Code of Virginia, governing trading and offsetting, to meet the no net increase requirement. Section 12 State Corporation Commission Provide the State Corporation Commission entity identification number if the facility is required to obtain an entity identification number by law. If this is not applicable to the owner, please indicate "NA" as your answer. Section 13 Electronic Transmittal of Permit Coverage Please indicate whether the Department of Environmental Quality (DEQ) may transmit permit coverage and related permit documents via email. If "yes", provide instructions as to who should receive it (e.g., send to emails provided in Part I - Applicant Information, send to facility contact, send to owner, or provide an email, etc.) DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) Section 14 Signature and Certification State statutes provide for severe penalties for submitting false information on this Registration Statement. State regulations require this Registration Statement to be signed as follows: For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; [Note: if the title of the individual signing this form is "Plant Manager", submit a written verification that the authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures]; For a partnership or sole proprietorship: by a general partner or the proprietor; or For a municipality, state, Federal, or other public facility: by a principal executive officer or ranking elected official. DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) TABLE 1. STANDARD 2411 ................................................................. 2421 ................................................................. 2426 ................................................................. 2429 ................................................................. 2431-2439 (except 2434 - see Sector W) ......... 2441, 2448, 2449 ............................................. 2451, 2452 ....................................................... 2491 ................................................................. 2493 ................................................................. 2499 ................................................................. 2611 ................................................................. 2621 ................................................................. 2631 ................................................................. 2652-2657 ........................................................ 2671-2679 ........................................................ 2812-2819 ........................................................ 2821-2824 ........................................................ 2833-2836 ........................................................ 2841-2844 ........................................................ 2851 ................................................................. 2861-2869 ........................................................ 2873-2879 ........................................................ 2891-2899 ........................................................ 3952 (limited to list) .......................................... 2951, 2952 ....................................................... 2992, 2999 ....................................................... 3211 ................................................................. 3221, 3229 ....................................................... 3231 ................................................................. 3241 ................................................................. 3251-3259 ........................................................ 3261-3269 ........................................................ 3274, 3275 ....................................................... 3281 ................................................................. 3291-3299 ........................................................ 3312-3317 ........................................................ 3321-3325 ........................................................ 3331-3339 ........................................................ 3341 ................................................................. 3351-3357 ........................................................ 3363-3369 ........................................................ 3398, 3399 ....................................................... 1011 ................................................................. 1021 ................................................................. 1031 ................................................................. 1041, 1044 ....................................................... 1061 ................................................................. 1081 ................................................................. 1094, 1099 ....................................................... 1221-1241 ........................................................ 1311 ................................................................. 1321 ................................................................. 1381-1389 ........................................................ 2911 ................................................................. HZ .................................................................... LF ..................................................................... 5015 ................................................................. 5093 ................................................................. 4499 (limited to list) .......................................... SE .................................................................... 4011, 4013 ....................................................... 4111-4173 ........................................................ 4212-4231 ........................................................ 4311 ................................................................. 5171 ................................................................. 4412-4499 INDUSTRIAL CLASSIFICATION CODES COVERED BY VAR05 Log Storage and Handling (Wet deck storage areas are only authorized if no chemical additives are used in the spray water or applied to the logs). General Sawmills and Planning Mills. Hardwood Dimension and Flooring Mills. Special Product Sawmills, Not Elsewhere Classified. Millwork, Veneer, Plywood, and Structural Wood. Wood Containers. Wood Buildings and Mobile Homes. Wood Preserving. Reconstituted Wood Products. Wood Products, Not Elsewhere Classified (includes SIC Code 24991303 - Wood, Mulch and Bark facilities). Pulp Mills. Paper Mills. Paperboard Mills. Paperboard Containers and Boxes. Converted Paper and Paperboard Products, Except Containers and Boxes. Industrial Inorganic Chemicals. Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass. Medicinal Chemicals and Botanical Products; Pharmaceutical Preparations; In Vitro and In Vivo Diagnostic Substances; Biological Products, Except Diagnostic Substances. Soaps, Detergents, & Cleaning Preparations; Perfumes, Cosmetics, & Other Toilet Preparations. Paints, Varnishes, Lacquers, Enamels, and Allied Products. Industrial Organic Chemicals. Agricultural Chemicals (includes SIC Code 2875 - Composting facilities). Miscellaneous Chemical Products. Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and Artist's Watercolors. Asphalt Paving and Roofing Materials. Miscellaneous Products of Petroleum and Coal. Flat Glass. Glass and Glassware, Pressed or Blown. Glass Products Made of Purchased Glass. Hydraulic Cement. Structural Clay Products. Pottery and Related Products. Concrete, Gypsum and Plaster Products, Except: Concrete Block and Brick; Concrete Products, Except Block and Brick; and Ready-mixed Concrete Facilities (SIC 3271-3273). Cut Stone and Stone Products Abrasive, Asbestos, and Miscellaneous Non-metallic Mineral Products. Steel Works, Blast Furnaces, and Rolling and Finishing Mills. Iron and Steel Foundries. Primary Smelting and Refining of Non-ferrous Metals. Secondary Smelting and Refining of Non-ferrous Metals. Rolling, Drawing, and Extruding of Non-ferrous Metals. Non-ferrous Foundries (Castings). Miscellaneous Primary Metal Products. Iron Ores. Copper Ores. Lead and Zinc Ores. Gold and Silver Ores. Ferroalloy Ores, Except Vanadium. Metal Mining Services. Miscellaneous Metal Ores. Coal Mines and Coal Mining-Related Facilities. Crude Petroleum and Natural Gas. Natural Gas Liquids. Oil and Gas Field Services. Petroleum Refineries. Hazardous Waste Treatment Storage or Disposal. Landfills, Land Application Sites, and Open Dumps. Automobile Salvage Yards. Scrap Recycling Facilities. Dismantling Ships, Marine Salvaging, and Marine Wrecking - Ships For Scrap Steam Electric Generating Facilities. Railroad Transportation. Local and Highway Passenger Transportation. Motor Freight Transportation and Warehousing. United States Postal Service. Petroleum Bulk Stations and Terminals. Water Transportation. DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) 3731,3732 ........................................................ 4512-4581 ........................................................ TW ................................................................... 2011-2015 ........................................................ 2021-2026 ........................................................ 2032-2038 ........................................................ 2041-2048 ........................................................ 2051-2053 ........................................................ 2061-2068 ........................................................ 2074-2079 ........................................................ 2082-2087 ........................................................ 2091-2099 ........................................................ 2111-2141 ........................................................ 2211-2299 ........................................................ 2311-2399 ........................................................ 3131-3199 ......................................................... 2434 ................................................................. 2511-2599 ........................................................ 2711-2796 ........................................................ 3011 ................................................................. 3021 ................................................................. 3052, 3053 ....................................................... 3061, 3069 ....................................................... 3081-3089 ........................................................ 3931 ................................................................. 3942-3949 ........................................................ 3951-3955 ......................................................... 3961, 3965 ....................................................... 3991-3999 ........................................................ 3111 ................................................................. 3411-3499 ....................................................... 3911-3915 ....................................................... 3511-3599 ................................................ 3711-3799 ................................................ 3571-3579 ........................................................ 3612-3699 ........................................................ 3812-3873 ........................................................ N/A ................................................................... Ship and Boat Building or Repairing Yards. Air Transportation Facilities. It should be noted that airport facilities subject to the effluent limitation guidelines in 40 CFR Part 449 are not authorized under this general permit. Treatment Works. Meat Products. Dairy Products. Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties. Grain Mill Products. Bakery Products. Sugar and Confectionery Products. Fats and Oils. Beverages. Miscellaneous Food Preparations and Kindred Products. Tobacco Products. Textile Mill Products. Apparel and Other Finished Products Made From Fabrics and Similar Materials. Leather and Leather Products, except Leather Tanning and Finishing. Wood Kitchen Cabinets. Furniture and Fixtures. Printing, Publishing, and Allied Industries. Tires and Inner Tubes. Rubber and Plastics Footwear. Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting. Fabricated Rubber Products, Not Elsewhere Classified. Miscellaneous Plastics Products. Musical Instruments. Dolls, Toys, Games and Sporting and Athletic Goods. Pens, Pencils, and Other Artists' Materials. Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal. Miscellaneous Manufacturing Industries. Leather Tanning, Currying and Finishing. Fabricated Metal Products, Except Machinery and Transportation Equipment. Jewelry, Silverware, and Plated Ware Industrial and Commercial Machinery (Except Computer and Office Equipment). Transportation Equipment (Except Ship and Boat Building and Repairing). Computer and Office Equipment. Electronic, Electrical Equipment and Components, Except Computer Equipment. Measuring, Analyzing and Controlling Instrument; Photographic and Optical Goods. Stormwater Discharges Designated by the Board for Permitting Under the Provisions of 9VAC25-31120 A 1 c, or Under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit Regulation. DEQ-WATER FORM SWGP-VAR05-RS-Instructions (7/19) Penny's Used Auto Parts, Inc. 13059 Minnieville Road Woodbridge, VA 22192 Location Map 5 Acres Penny's Used Auto Parts, Inc. 13059 Minnieville Road Woodbridge, VA 22192 Site Map 5 Acres Petroleum Product Storage Spill Kit Storage Fence Secondary Office Parts Storage 5 Acres Impervious Parts Storage Vehicle Storage Lot Disassembly Shop Outfall 001 Vehicle Storage Lot Engine & Transmission Storage Disassembly Shop Primary Office Penny's Used Auto Parts, Inc. 13059 Minnieville Road Woodbridge, VA 22192 SW Map 5 Acres 5 Acres Impervious Outfall 001 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Exhibit 3 - DEQ General Inspection Report (2014) Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 COMMONWEALTH of VIRGINIA Molly Joseph Ward Secretary of Natural Resources DEPARTMENT OF ENVIRONMENTAL QUALITY NORTHERN REGIONAL OFFICE 13901 Crown Court, Woodbridge, Virginia 22193 (703) 583-3800 Fax (703) 583-3821 www.deq.virginia.gov David K. Paylor Director Thomas A. Faha Regional Director 03/13/2014 Mr. J.R. Archie. Penny's Used Auto Parts 13059 Minnieville Rd. Woodbridge, VA 22192 Re: Penny's Used Auto Parts, Permit # VAR052115 Dear Mr. Archie: Attached is a copy of the Inspection Report generated from the Stormwater Technical Inspection conducted at Penny's Used Auto Parts on January 31, 2014 and Site Inspection conducted on February 26, 2014. The compliance staff would like to thank you for your assistance during this inspection. This letter is not intended as a case decision under the Virginia Administrative Process Act, Va. Code 2.2-4000 et seq. (APA). Please review the enclosed report and submit in writing adequate documentation of all measures taken (including all necessary supporting documentation) to address the Request for Corrective Action no later than April 14, 2014. Your response may be sent either via the US Postal Service or electronically, via E-mail. If you choose to send your response electronically, we recommend sending it as an Acrobat PDF or in a Word-compatible, write-protected format. Additional inspections may be conducted to confirm that the facility is in compliance with permit requirements. If you have any questions or comments concerning this report, please feel free to contact me at the Northern Regional Office at (703) 583-3882 or by email at Sharon.Allen@deq.virginia.gov. Sincerely, Sharon Allen Environmental Specialist II Electronic copy sent: Permits / DMR File, Compliance Manager, Compliance Auditor - DEQ VPDES/State Certification No. DEQ STORMWATER FACILITY INSPECTION REPORT PREFACE (RE) Issuance Date Amendment Date Expiration Date VAG052115 Sept 10, 2012 June 30, 2014 Facility Name Address Telephone Number Penny's Used Auto Parts 13059 Minnieville Road Woodbridge, VA 22192 703-494-9341 Property Owner Name Address Telephone Number Anne M. Archie 1608 Charles Street Fredericksburg, VA 540-371-3582 Responsible Official Title Telephone Number Richard E. Archie, Sr. President 571-921-2323 Responsible Operator Operator Cert. Class/number Telephone Number J.R. Archie NA 703-494-9341 TYPE OF FACILITY: DOMESTIC INDUSTRIAL Federal Major Major Primary Non-federal Minor Minor X Secondary X INFLUENT CHARACTERISTICS: NA DESIGN: NA EFFLUENT LIMITS: SPECIFY UNITS Parameter Min. Avg. Max. Parameter Min. Avg. Max. TSS, mg/L 100 Iron Total 1.0 Recoverable, mg/L Aluminum, Total Recoverable, g/L 750 Lead, Total 120 Recoverable, g/L Receiving Stream Marumsco Creek Basin Potomac River Discharge Point (LONG) Unknown Discharge Point (LAT) Unknown 3 Revised: 06-2011 Facility: Address: County/city: Contact/Title VA DEQ Wastewater Facility Inspection Report Penny's Used Auto Parts VPDES NO. 13059 Minnieville Rd Woodbridge, VA Richard Archie VAR052115 Inspection date: Inspection by: Time spent: DEPARTMENT OF ENVIRONMENTAL QUALITY STORMWATER GENERAL FACILITY INSPECTION REPORT January 24, 2014 Date form completed: Sharon Allen Inspection agency: 8 hours March 11, 2014 DEQ/NRO Reviewed by: Present at inspection: TYPE OF INSPECTION: Routine X Date of previous inspection: 3/10/14 Zakaria Rabei - DEQ Land Protection Mr. J.R. Archie - Penny's Used Auto Parts Reinspection None Compliance/assistance/complaint Agency: DEQ/NRO Other: Storm Water P3 available and up dated? YES Outfalls Identified in SWP3? YES Site Map with Drainage and Flows available? YES Has there been any new construction? YES If yes, were the plans and specifications approved? NA YES If yes, was SWP3 plan amended? NA YES Quarterly Visual Results available with SWP3? YES Site Inspections performed and documented? (Minimum Quarterly) YES Training performed and documented? YES Comprehensive Site Evaluation and associated documents available? YES Non-stormwater certification? YES Oil or other Hazardous Spills? YES Sampling Required and performed correctly, records available? YES 4 Revised: 06-2011 NO X NO X NO X NO X NO NO NO X NO X NO X NO X NO X NO X NO X VA DEQ Wastewater Facility Inspection Report OVERALL APPEARANCE OF FACILITY GOOD AVERAGE X POOR Part IV of Stormwater General Permit: YES NO Non-stormwater Prohibition X Additional Stormwater Pollution Prevention Plan Requirements: Sector M- Automobile Salvage Yards Site Description Site Map X Summary of Potential Pollutant Sources Storm Water Controls Spill and leak prevention procedures - All vehicles that are intended to be dismantled shall be properly drained of all fluids prior to being dismantled or crushed, or other X equivalent measures shall be taken to prevent leaks or spills of fluids. Inspections upon arrival at site or as soon as feasible thereafter, all vehicles shall be inspected for leaks. Any equipment containing oily parts, hydraulic fluids, any other types of fluids, or mercury switches shall be inspected at least quarterly (4 times per year) for signs of leaks. X All vehicles and areas where hazardous materials and general automotive fluids are stored, including, but not limited to, mercury switches, brake fluid, transmission fluid, radiator water, and antifreeze, shall be inspected at least quarterly for leaks. Employee Training Proper handling (collection, storage, and disposal) of oil, used X mineral spirits, antifreeze, mercury switches, and solvent Management of Runoff The permittee shall consider management practices, such as berms or drainage ditches on the property line, to help prevent runon from neighboring properties. X Berms shall be considered for uncovered outdoor storage of oily parts, engine blocks, and aboveground liquid storage. The permittee shall consider the installation of detention ponds, filtering devices, and oil-water separators. Benchmark Monitoring requirements Total Suspended Solids (TSS) - 100mg/L Total Recoverable Aluminum - 750 g/L X Total Recoverable Iron - 1.0 mg/L Total recoverable Lead - 120 g/L 5 Revised: 06-2011 VA DEQ Wastewater Facility Inspection Report SUMMARY INSPECTION COMMENTS: January 31, 2014 - Arrived at the facility at 9:45am. Weather- cool and cloudy. The gate to the yard was open and we drove into the yard looking for the office. This dirt lot was almost empty with just a few vehicles parked in it. There were piles of what looked like girders and aluminum fence posts with chain link fence in piles in the trees surrounding the lot. No one was around. We circled the yard and drove back up the hill, parked in an empty parking lot next to a building. The faded number on the building identified it as 13059 Minnieville Road. This lot had a small but long pile of asphalt along one edge. The building was dark and the door padlocked - no sign of anyone around. A sign on the door stated that the operating hours began at 10:00am. We waiting in the car until after 10:00- no one arrived. We walked down into the yard again, and found an equipment operator who told us that we should use the property entrance off of Telegraph Road. We drove around to the other entrance and found the office. Employees outside directed us to the back of the lot to find Mr. Archie. We walked toward the back of the lot. Numerous tires were piled up near the office. Vehicles were stored in rows. A number of engine parts were stored on wooden pallets on the ground and on the ground itself. Identified ourselves to Mr. Archie and explained the purpose of our visit. Walked back up to the office. Mr. Archie was not aware of the permit and stated that they did not have a Stormwater Pollution Prevention Plan (SWPPP). I gave Mr. Archie a copy of the SW permit and explained the basics of the permit requirements. I asked if we could walk the site and I could point out to him what we look for during inspections and determine if there was a discharge point from the property. Mr. Archie requested that we wait to do a walk through until his brother could be present. I told Mr. Archie that I have some templates and forms for the SWPPP and that I could provide copies to him if he wished. I also stated that there are several businesses in the area that may be able to help him with monitoring requirements, and mentioned that a number of other slave yards in our region use Joyce Environmental to set up their stormwater programs. Departed 1045. At 1:33pm Jan 31, 2014, I received a phone call from Mr. Mike James from James Environmental Inc. who called at Mr. Archie's request to let me know that Mr. Archie had contacted him and they were discussing a contract. February 26, 2014 - Site inspection. We arrived at 11:45am and met Mr. J.R. Archie on site. Weathercold and partly cloudy, with snow on the ground. Photos taken by S. Allen. The property is hilly with a predominate slope towards the southwest. The storage area is about pavement and gravel surface, with wooded areas bordering the property. Snow was melting and runoff was evident while we were on site. We identified one area that is likely a discharge point; there may be more than one for this facility. The facility has been in operation since the late 1940s and is largely used for storage of vehicles. There is also an office trailer and several sheds for dismantling and parts storage. Vehicles are stored neatly in rows. Mr. Archie stated that the facility is inspected by the Fire Department twice per year. 6 Revised: 06-2011 VA DEQ Wastewater Facility Inspection Report Mr. Archie said that when new vehicles come in, they are drained of gasoline and the catalytic converters are pulled out. If the vehicle is operational it may be sold as is; other vehicles are used for parts. Used oils are burned in a fuel oil heater on site. There were numerous tire piles around the property. Mr. Archie stated that some are for resale and others are taken to the Prince William County Landfill for disposal about once per week. Mr. Rabei explained the Solid Waste limit of 100 waste tires stored on site. Vehicle batteries are being stored single layer in a large plastic tub. Once they have ten batteries, they are either taken to or picked up by Interstate Batteries. In several areas, a multi-colored sheen was noted in the snow melt/runoff. Numerous other things stored on site other than vehicles - e.g. tires, bicycles, appliances, mystery drums. We discussed the importance of identifying contents of these drums and labeling them. Discussed keeping drums and barrels plugged to prevent stormwater entry; if they are going to keep barrels filled with stormwater on site to use since they don't have city water, the barrels must be properly labled. I informed Mr. Archie that a copy of the inspection report will be sent to him; there may also be a Warning Letter for failure to have and follow a Stormwater Pollution Prevention Plan. Departed 1225. REQUEST for CORECTIVE ACTION The facility must develop a Storm Water Pollution Prevention Plan (SWPPP); implement and document the inspections required by this permit and conduct annual stormwater benchmark monitoring. A copy of the SWPPP site map of the property must be submitted to DEQ. While batteries are stored in a containment structure, they should also be stored under cover to minimize exposure to stormwater. All drums and barrels holding potential contaminants such as fuel or used automotive fluids must be properly labeled and stored to prevent exposure to stormwater and a discharge to the environment. Vehicles must be inspected for leaks upon arrival and the inspections must be documented. Tires should be separated into those to be resold and waste tires for disposal. The maximum number of waste tires allowed on site by the DEQ's Land Protection program is 100. 7 Revised: 06-2011 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER DIVISION LABORATORY INSPECTION REPORT 10/01 FACILITY NO: VAG052115 INSPECTION DATE: January 31, 2014 NAME/ADDRESS OF FACILITY: Penny's Used Auto Parts 13059 Minnieville Rd. Woodbridge, VA 22192 INSPECTOR(S): S. Allen PREVIOUS INSP. DATE: None PREVIOUS EVALUATION: None FACILITY CLASS: FACILITY TYPE: ( ) MAJOR ( ) MUNICIPAL ( ) MINOR (X) INDUSTRIAL (X) SMALL ( ) FEDERAL ( ) VPA/NDC ( ) COMMERCIAL LAB TIME SPENT: hours w/ travel & report UNANNOUNCED INSPECTION? (X) YES ( ) NO FY-SCHEDULED INSPECTION? (X) YES ( ) NO REVIEWERS: PRESENT AT INSPECTION: LABORATORY EVALUATION Monitoring samples have not been collected at this facility DEFICIENCIES? Yes No X QUALITY ASSURANCE/QUALITY CONTROL Y/N QUALITY ASSURANCE METHOD PARAMETERS FREQUENCY REPLICATE SAMPLES SPIKED SAMPLES STANDARD SAMPLES SPLIT SAMPLES SAMPLE BLANKS OTHER COPIES TO: (X) DEQ - RO; ( ) OWPS; ( ) VDH- FO and DWE; (X) OWNER; ( ) EPA-Region III; ( ) Other: 8 Revised: 06-2011 1) Lot off Telegraph Road as seen from office trailer. 2) Tire pile near the office trailer. 3) Transmissions and other parts stored outside. 4) Vehicle batteries stored in a shallow tub (photo brightened). Facility name: Penny's Used Auto Parts VPDES Permit No. VAR052115 Site Inspection Date: January 31 and February 26, 2014 Photos & Layout by: S. Allen 5) Potential discharge site (photo brightened). 9 Revised: 06-2011 Page 1 of 2 6) Lower yard looking towards the entrance. 7) Another tire pile further up the yard. 8) Unmarked drum with fluid in it. Fluid containers left out were both capped. 9) Upper lot off Minnieville Rd as seen Jan. 31 2014. Facility name: Penny's Used Auto Parts VPDES Permit No. VAR052115 Site Inspection Date: January 31 and February 26, 2014 Photos & Layout by: S. Allen 1 Revised: 06-2011 0 Page 2 of 2 Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Exhibit 4 - DEQ Recon Inspection Report (2018) Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Matthew J. Strickler Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY NORTHERN REGIONAL OFFICE 13901 Crown Court, Woodbridge, Virginia 22193 (703) 583-3800 www.deq.virginia.gov David K. Paylor Director Thomas A. Faha Regional Director August 17, 2018 Mr. Henry Archie Penny's Used Auto Parts, Inc. 13304 Telegraph Road Woodbridge, VA 22192 Re: Penny's Used Auto Parts, Permit #VAR052115 Dear Mr. Archie: Attached is a copy of the inspection report generated from the Recon Inspection conducted at the subject facility on July 25, 2018. Please review the enclosed report and submit in writing adequate documentation of all measures taken (Including all necessary supporting documentation) to address the Request for Corrective Action Section no later than September 7, 2018. This letter is not intended as a case decision under the Virginia Administrative Process Act, Va. Code 2.2-4000 et seq. (APA). Your response may be sent either via the US Postal Service or electronically, via E-mail. If you choose to send your response electronically, we recommend sending it as an Acrobat PDF or in a Word-compatible, write-protected format. Additional inspections may be conducted to confirm that the facility is in compliance with permit requirements. If you have any questions or comments concerning this report, please feel free to contact me at the Northern Regional Office at 703-583-3905 or amy.dooley@deq.virginia.gov. Respectfully, Amy E. Dooley Environmental Specialist II Electronic copy sent: Permits/DMR File, Compliance Manager, Compliance Auditor, Enforcement - DEQ Doug Crooks Virginia Department of Environmental Quality RECON INSPECTION REPORT FACILITY NAME: Penny's Used Auto Parts, Inc. PERMIT No.: TYPE OF FACILITY: VAR052115 Municipal Industrial Federal Major Minor Small Minor PHOTOGRAPHS: Yes REVIEWED BY / Date: No INSPECTION DATE: INSPECTOR REPORT DATE: TIME OF INSPECTION: TOTAL TIME SPENT (including prep & travel) UNANNOUNCED INSPECTION? PRESENT DURING INSPECTION: 8/15/18 Henry Archie - owner July 25, 2018 Amy Dooley August 14, 2018 1330 1400 Arrival Departure 2 hrs. Yes No INSPECTION OVERVIEW AND CONDITION OF TREATMENT UNITS Arrived onsite to conduct a paperwork recon inspection. The Stormwater Pollution Prevention Plan (SWPPP) and supporting documentation was not available upon request. Mr. Archie indicated that he had contracted with a consulting firm in order to return to compliance with the permit, including the SWPPP and sampling requirements. See Request for Corrective Action. REQUEST for CORRECTIVE ACTION: Provide a narrative, including timeline, to DEQ by September 7, 2018, indicating the status of the SWPPP and how the facility plans to come into compliance with the permit. Penny's Auto Parts and Salvage (Unpermitted) Industrial Stormwater Report Exhibit 5 - DEQ Special Order (effective September 9, 2019) Unique Project Identifier: 3E21WN081A Inspection Date: March 24, 2021 Matthew J. Strickler SecretaryofNaturalResources COMMONWEALTHofVIRGINIA DEPARTMENT OF ENVIRONMENTALQUALITY Streetaddress: 1111E.MainStreet,Suite1400,Richmond,Virginia23219 Mailingaddress:P.O.Box 1105,Richmond,Virginia23218 Fax: 804-698-4019 www. deq. virginia. gov DavidK. Paylor Director (804)698-4020 1-800-592-5482 Mr. HenryArchie 13304TelegraphRd Woodbridge, VA22192 September 12, 2019 7D01 251D DOD5 3231 5373 Certified Mail Return Receipt Requested & RegularFirstClassMail Mr. Henry Archie 13216 Hillendale Dr. Dale City, VA 22193 70D1 3510 ODD5 3231 2E% Certified Mail Return Receipt Requested & RegularFirstClassMail In re: Henry Archie Penny's Used Auto Parts, VPDESPermit Registration No. VAR052115 Dear Mr. Archie: Enclosedisthe SpecialOrderissuedbytheDirectoroftheVirginiaDepartmentofEnvironmental Quality (DEQ)intheabovematter, togetherwiththeincorporated FindingsofFactandConclusions of Law(FFCL). TheOrderhasaneffective dateofSeptember 9,2019. A SpecialOrderProceeding (Proceeding) washeld onMay 30, 2019 atDEQ'sNorthern Regional Office inWoodbridge, Virginia beforePresidingOfficerNatalieWomack,asprovidedforinthe April 10,2019NoticeLetter.Afterthe Proceeding,thepresidingofficersubmitteda recommendationto theDirector.TheDirectorhasthe authority, pursuant to 10. 1-1186 ofthe Code ofVirginia (VSL.Code), to issue special orders thatmay mclude injunctive reliefanda civil penalty ofnot more than $10, 000. Inthismatter, theDirectorhasissueda SpecialOrderrequiringyouto comply withtheState WaterControl Law, Va. Code 62. 1-44. 2 etseq., andVirginia Pollutant Discharge Elimination System PermitRegistration No.VAR052115. TheSpecialOrderalsorequirespayment ofa civil penaltyof $10, 000. TheenclosedSpecialOrdercontainstherequirementsandtermsforcompliancewiththeorder. Excqit the civil penalty, please submit all requirements undertheorderto: Carla Pool Division of Enforcement Department ofEnvironmental Quality P.O. Box 1105 Richmond, VA 23218 Payment ofthe civil penalty shouldbemadewithin 30daysofthe effective date ofthe Special Orderbycheck,certifiedcheck,moneyorderorcashier'scheckpayabletothe"TreasurerofVirginia." Please forward payment to: Receipts Control DepartmentofEnvironmentalQuality P. O. Box 1104 Richmond,Virginia23218 YouhavetherighttoappealanypartorallofthisdecisionpursuanttoVa.Code 2.2-4026in themannerprovidedbyRule2A-.2 oftheRulesoftheVirginiaSupremeCourt.Youhave33daysfrom thedateofserviceofthisdecisionwithinwhichtoinitiateanappeal.Rule2A:2alsorequiresthat"[t]he notice ofappealshallidentifytheregulation orcasedecisionappealedfrom, shallstatethenamesand addresses oftheappellant andofallotherparties andtheircounsel, ifany, shall specifythecircuit court towhichtheappeal istaken, andshallconclude witha certificate thata copyofthenotice ofappealhas beenmailedtoeachoftheparties. " A copyofRule2A:2isenclosedwiththisletter. Ifyouchoseto appeal this decision, a Notice ofAppeal must bedirected to: DavidK. Paylor,Director Department ofEnvironmental Quality P.O.Box 1105 Richmond, VA 23218 Attention: Enforcement Division Please beadvised that separate injunctive reliefandcivil penalties apply for anyviolation ofthe StateWaterControlLaw,anyStateWaterControlBoardregulation, order,orpermitcondition.Va.Code 62. 1-44. 15, -44.23,and-44.32. FailuretocomplywithDirector's SpecialOrderwillresultinDEQinstitutingadditional administrative action,judicialenforcement action,ortakingotheractiontorequirecompliance andcollect the civil penalty. Sincerely, Enclosures Caria Pool EnforcementAdjudicationManager VmGINIA: IN THE DEPARTMENT OFENVIROMENTALQUALITY IN RE: Henry Archie ORDER This cause came to beheard onMay 30, 2019, intheDepartment ofEnvironmental Quality's Northern Regional Office in Woodbridge, Virginia. Pursuant to 10. 1-1186 ofthe Code ofVirginia, theDirector oftheDepartment of Environmental Quality("DEQ")hastheauthoritytoissuespecialordersthatmayinclude injunctivereliefandcivilpenalties. I havereviewedtheRecord, Exhibits, andthePresidingOfficer's Recommended FindingsofFactandConclusionsofLawintheabove-referencedmatter. Accordingly,I adopt theattached Findings ofFactandConclusions ofLawandincorporate them into this Order. Pursuant tomyauthority underVa.Code 10. 1-1186, 1 orderHenryArchieto comply with(1)theStateWaterControl Law,Va.Code 62. 1-44. 2 etseq,and(2)VirginiaPollutant DischargeElimination SystemPermitRegistrationNo.VAR052115(the"Permit"). Specifically, I orderHenryArchietocomplete thefollowingwithrespecttoPenny's UsedAuto Parts(the"Facility") located at 13059Minnieville RdinWoodbndge, Virginia: 1. Within 90 days ofthe effective dateofthis Order, submit to DEQa Stormwater Pollution Prevention Plan ("SWPPP") fortheFacility, satisfying therequirements ofPartIIIofthe Permit. 2. IfDEQ provides anycomments onthe SWPPP, respond to DEQ's comments within 14 days ofthe date ofthe comments. 3. Within30daysoftheeffectivedateofthisOrder,submittoDEQa dataanalysisofthe Chesapeake BayTotal Maximum DailyLoad("TMDL")data,in accordancewithPermit Part I(B)(7)(b)(3)(b), based on nutrient and sediment results from the averaged Chesapeake Bay TMDL monitoring reports. 4. Within90daysoftheeffective dateofthisOrder, submittoDEQa Chesapeake Bay TMDLAction Plan,inaccordance withPermit PartI(B)(7)(b)(3)(c), ifthedataanalysis requiredbyparagraph3 aboveindicatesthatthecalculatedFacilityloadingvalueoftotal phosphorus exceeds 1. 5 Ib/ac/yr, total nitrogen exceeds 12. 3 Ib/ac/yr, ortotal suspended solids exceeds 440 Ib/ac/yr. 5. Paya civilpenaltyinthetotal sumofTenThousandDoUars($10,000)within30days oftheeffective dateofthisOrder. Payment shallbemadebycheck, certified check, money order orcashier's check payable to the "Treasurer ofVirginia, " anddelivered to: SpecialOrderPursuanttoVa.Code 10. 1-1186 In re: Henry Archie Page 2 of 2 Receipts Control Department ofEnvironmental Quality Post OfficeBox 1104 Richmond, Virginia 23218 The duration ofthis Order shallbetwelve months from the datethat it is entered. Enter this orderthis "[ dayof , 20_[3 DavidK. Paylor Director, Department ofEnvironmental Quality VmGINIA. IN THE DEPARTMENT OFENVIRONMENTALQUALITY IN RE: Henry Archie FINDINGSOFFACTANDCONCLUSIONSOFLAW I. PreliminaryStatement This caseconcerns whetherMr. HenryArchieviolated certainprovisions oftheState Water Control Law, Va. Code 62. 1-44. 2 etseq., andtheVirginia Pollutant Discharge Elimination System Permit1 Registration No.VAR052115 (the"Permit") atPenny's UsedAuto Parts(the"Facility") locatedat 13059Mimiieville RdinWoodbridge, Virginia. Also atissueis whetherinjunctive reliefanda civilpenaltyarewarranted fortheallegedviolations. OnMay30,2019,DEQstaffhelda SpecialOrderProceeding(the"Proceeding") inthis matter pursuant to Va. Code 2. 2-4019 and 10. 1-1186. The Proceeding took place in Woodbridge, Virginia, attheDepartment ofEnvironmental Quality ("DEQ") Northern Regional Office("NRO"). Mr. ArchiedidnotappearattheProceedinginpersonorbycounsel orother representative. On April 10, 2019, the agency sent email notification and postal notification to Mr. Archie regarding the scheduled date for the Informal Fact Finding proceeding: May 9, 2019 at 1:00P.M. OnMay6,2019,theagencysentanemailreminderto Mr. Archieremindinghimof theMay 9, 2019 proceeding date. A dayprior to theproceeding, Mr. Archie requested the proceeding bepostponed; theagency complied with Mr. Archie's request topostpone. A new hearingdatewasscheduledforMay30,2019. OnMay7,2019,theagencyprovidedMr. Archie withemailnotification ofthenewproceeding dateofMay30,2019. A daypriortothe scheduledMay30thproceedingdate,againMr. Archierequestedthattheproceedingbe postponed. ThePresidingOfGcerdeniedMr. Archie'srequesttopostpone. Attached arerecordings oftheProceedingandtheexhibitsnumbered astheywere received. The exhibits include the DEQ Exhibit Book, containing DEQ Exhibits 1-11, aswell as theApril 10,2019Notice ofSpecial Order Proceeding andMay 9, 2019 rescheduling letter, labeled asDEQExh. 12. DEQcalled three witnesses during theProceeding: Edward Stuart, NROWaterCompliance Manager;AmyDooley, NROWaterCompliance Inspector; and Benjamin Holland, NRO Enforcement Specialist. The Presiding Officer left the record for the Proceedingopenuntil June7, 2019to allowMr. Archieto submit compliance documentation.2 ' ThePermitispromulgatedat9 VAC25-151-70,etseq. 2 ThePresiding Officernotified Mr. Archie aftertheproceeding thathecouldsubmit compliance documentation on therecorduntilJune7,2019,butMr. Archiedidnotsubmitanydocumentation. FindingsofFactandConclusionsofLaw In re: Henry Archie Page2 of 7 II. FindingsofFact A. Jurisdiction and Venue 1. Mr. Archie owns the Facility located at 13059 Minnieville Rd in Woodbridge, Virginia. DEQExh. 1;Testimony ofEdward Stuart. 2. TheFacility is located withinthepart ofthe Commonwealth administered by DEQ's Office(NRO). TestimonyofEdwardStuart. 3. Coverageundera VirginiaPollutant DischargeElimination SystemPermit isrequired for discharges ofstormwater from industrial activities at the Facility associated with auto salvage. TestimonyofEdwardStuart. 4. Mr. Archie registered for coverage under the Permit for stormwater discharges from the Facility, and DEQ issued Permit coverage to Mr. Archie on December 5, 2014 DEQ Exh. 1 and2;TestimonyofEdwardStuart. B. Stormwater Pollution Prevention Plan a. Relevant SWPPP Requirements 5. Part III ofthe Permit requires a Stormwater Pollution Prevention Plan ("SWPPP") to be developed andimplemented fortheFacility. DEQExh.2; Testimony ofEdwardStuart. The SWPPP is a plan to manage discharges ofstonnwater from the Facility to minimize pollutants leaving the site to the maximum extent practicable. Testimony ofEdward Stuart. 6. Pursuant to Permit Part III(F)(2), thepermittee must retain a copy ofthe SWPPPatthe Facility andmake it immediately available to DEQ for review atthe time ofanon-site inspection orupon request. DEQ Exh. 2; Testimony ofEdward Stuart. b. Failureto Developa SWPPP 7 As noted in a Warning Letter issued March 13, 2014, the Facility did not have a SWPPP atthe time ofDEQ inspections ofthe Facility on January 31, 2014 and Febmary 26, 2014. DEQExh.3; TestimonyofEdwardStuart. 8. During aninspection ofthe Facility on July 25, 2018, neither a SWPPP nor supporting documentation was available upon the request ofDEQ staff. DEQ Exh. 8; Testimony of Amy Dooley. 9 Mr. Archiehasnevermadea SWPPPfortheFacilityavailableforDEQreview. Testimony of Edward Stuart and Amy Dooley. 10. Environmental Systems Services ("ESS") indicated to DEQ staffthat they hadbeen contracted to draft a SWPPPfortheFacility in 2014. Testimony ofBenjamin Holland. However, neither ESSnorMr. Archie haseverbeen ableto produce a SWPPPforthe FacilityuponDEQ'srequest. Testimony ofBenjamin Holland. ESSstatedto DEQstaff Findings of Fact and Conclusions of Law In re: Henry Archie Page3 of 7 that theyhadnot beento theFacility since 2014 andhavenotreceived monitoring samples for analysis fortheFacility in years. Testimony ofBenjamin Holland. 11.AccordingtoESSpersonnel, Mr. ArchieagainreachedouttoESSin2018regarding development ofa SWPPP. Testimony ofBenjamin Holland. However, afterMr. Archie repeatedly failedto follow up with ESS, ESSdidnot develop a SWPPP atthatpoint. TestimonyofBenjaminHolland. 12.Thetotality ofthecircumstances indicates thatthere isno SWPPP fortheFacility C. Discharge Monitoring Reports a. Relevant Discharge Monitoring Requirements 13.PermitPartI(A)(l)(b) requiresbenchmarkmonitoringofstormwater dischargesfromthe Facility's stormwater outfalls forthepresence ofpollutants ofconcern. DEQExh.2; Testimony of Edward Stuart. 14.PermitPartI(B)(7)(b)(l) requiresdischargemonitoringforparameters coveredbythe Chesapeake Bay Total Maximum Daily Load ("TMDL")-total suspended solids, total nitrogen, and total phosphorus. DEQ Exh. 2; Testimony ofEdward Stuart. 15.PermitPartI(A)(2)(d)(2) requiresbenchmarkandChesapeakeBayTMDLdischarge monitoring tobeconducted semiannually fortheJanuarythrough Junemonitoring period andtheJulythrough December monitoring period. DEQExh. 2; Testimony ofEdward Stuart. 16. Permit Part I(A)(5)(a) requires benchmark and Chesapeake Bay TMDL discharge monitoring results to besubmitted semiannually to DEQondischarge monitoring rqiorts ("DMRs")byJanuary10(fortheJuly1 throughDecember31monitoringperiod)and July10(fortheJanuary1 throughJune30monitoringperiod). DEQExh.2;Testimony of Edward Stuart. b. Failure to Submit DMRs 17 Asnotedina NoticeofViolation("NOV")issuedApril 17,2017,DEQdidnotreceive the ChesapeakeBayTMDLDMRforOutfall 001 fortheJuly 1,2016throughDecember 31,2016monitoringperiod,whichwasdueJanuary10,2017. DEQExh.5;Testimony of Edward Stuart. 18.Todate,Mr.Archiehasfailedto submittheChesapeakeBayTMDLDMRfortheJuly throughDecember2016monitoring period. Testimony ofEdwardStuart. 19. As noted in an NOV issued September 20, 2017, DEQ did not receive the benchmark monitoring DMRforOutfall 001 fortheJanuary 1,2017throughJune30, 2017 monitoring period, whichwasdueJuly 10,2017. DEQExh.6; Testimony ofEdward Stuart. Findings ofFact andConclusions ofLaw Inre: HenryArchie Page4 of 7 20. To date, Mr. Archie has failed to submit the benchmark monitoring DMR for the January through June 2017 monitoring period. Testimony ofEdward Stuart. 21. As noted in anNOVissued March 28, 2018, DEQdidnotreceive thebenchmark monitoring DMRforOutfall 001 fortheJuly 1,2017throughDecember31,2017 monitoring period, which wasdueJanuary 10, 2018. DEQExh. 7; Testimony ofEdward Stuart. 22. To date, Mr. Archie has failed to submit the benchmark monitoring DMR for the July through December 2017 monitoring period. Testimony ofEdward Stuart. 23. As noted in anNOV issued September 17, 2018, DEQ did not receive the benchmark monitoring DMR for Outfall 001 for the January 1, 2018 through June 30, 2018 monitoring period, whichwasdueJuly 10,2018. DEQExh.9;Testimony ofAmy Dooley. 24. To date, Mr. Archie has failedto submit thebenchmark monitoring DMR forthe January through June 2018 monitoring period. Testimony ofAmy Dooley 25. As noted in anNOV issued February 25, 2019, DEQ did not receive thebenchmark monitoring DMR for Outfall 001 for the July 1, 2018 through December 31, 2018 monitoring period, whichwasdueJanuary 10,2019. DEQExh. 10;Testimony ofAmy Dooley. 26. To date, Mr. Archie has failed to submit the benchmark monitoring DMR for the July throughDecember 2018monitoring period. Testimony ofAmyDooley. 27.Duringaninspection oftheFacilitybyDEQstaffonJuly25,2018,DMRrecordswere not present atthe Facility. Testimony ofAmy Dooley. D. Chesapeake Bay TMDL Data Analysis and Action Plan t a. RelevantDataAnalysisandActionPlanRequirements 28. PermitPartI(B)(7)(b)(3)(b) requires thepermittee to analyzenutrient andsedimentdata fromtheChesapeakeBayTMDLdischargemonitoring to determine ifadditional action is required. DEQ Exh. 2; Testimony ofEdward Stuart. 29 PermitPartI(B)(7)(b)(3)(c) requires thepermittee to develop andsubmitto DEQ a Chesapeake BayTMDL Action Planifthedataanalysis indicates thatloading values for total phosphoms exceeds 1. 5 Ib/ac/yr, total nitrogen exceeds 12. 3 Ib/ac/yr, ortotal suspended solidsexceeds440Ib/ac/yr. DEQExh.2;Testimony ofEdwardStuart. b. Failure to Complete TMDL Data Analysis and Action Plan 30. On June 14, 2016, DEQ sent Mr. Archie a reminder ofthe Permit requirement to conduct a dataanalysisofChesapeakeBayTMDLdischargemonitoring results, aswell aslinks to step-by-step instructions for conducting thedataanalysis. DEQExh. 4; Testimony of Edward Stuart. FindingsofFactandConclusionsofLaw In re: Henry Archie Page 5 of 7 31.AsofthedateoftheProceeding, Mr. Archiehadnotsubmitted theresults oftheTMDL DataAnalysis ora Chesapeake BayTMDLAction PlantoDEQ. Testimony ofEdward Stuart. 32. The totality ofthe circumstances indicates that Mr. Archie failed to conduct the data analysis ofChesapeake BayTMDL discharge monitoring results. E. Civil PenaltyCalculation B-^anu^Holland explainedhowepenaltywascalculatedforMr.Archie,usingthe VPDESCivil Charge/Civil Penalty Worksheet (the"Worksheet") included inDEQ's Civil EnforcementManual. DEQExh. 11;TestimonyofBenjaminHolland. This" worksheetisusedfhroughouttheCommonwealthtocalculatecivilchargesandcivil penalties forVPDESviolations. DEQExh. 11;TestimonyofBenjaminHolland. 34.A totalcivilpenaltyof$18, 175wascalculatedforMr.ArchieontheWorksheet. DEQ Exh. 11; Testimony ofBenjamin Holland. 35.Fouroccurrences wereassessed online l(a)(3) oftheWorksheet forfailingto submitthe ChesapeakeBayTMDLDMRfortheJuly-December2016monitoringperiod, andthe benchmark monitoring DMRs fortheJanuary-June2017,July-December 2017, and January-June 2018monitoring periods. 3 DEQExh. 11;Testimony ofBenjamin Holland. Thepotential forharmwasassessed asmoderate because DMRsrepresent baseline monitoring ofdischarges from the Facility, and in their absence there is a moderate potentialofharmtohumanhealthandtheenvironment. DEQExh.11;Testimonyof Benjamin Holland. 36. Online l(a)(10) oftheWorksheet, oneoccurrence wasassessed forfailingtohave a SWPPP. DEQExh. 11;Testimony ofBenjamin Holland. Thepotential forharm forthis linewasassessedasseriousbecauseofthelongtermnatureoftheviolation, the importanceoftheSWPPPtotheregulatoryprogram, anditssignificanceforpollution control. 37 The culpability wasassessed asserious becauseMr. Archie showed a lack ofdue diligence in carrying out permit requirements, and he received numerous notices of alleged violation, notifying himofthedeficiencies andapplicable legalrequirements. DEQExh. 11; Testimony ofBenjamin Holland. 38. On line 2, an economic benefit of $324 was estimated for the failure to submit DMRs basedontheaverage sample analysis costprovided byESS($24persample fortotal suspended solids, and$28persample formetals). DEQExh. 11;Testimony ofBeniamii Holland. Mr.Archiealsofailedtosubmitthebenchmarkmonitoring DMRfortheJulythroughDecember2018monitoring period. Testimony ofBenjamin HoUand. ThatDMRwasdueonJanuary 10, 2018,afterthepenalty wascalculated ontheworksheet includedinExhibit11,soitisnotreflected inthepenaltyamount. Testimony ofBenjamin Holland. FindingsofFact andConclusions ofLaw Inre: HenryArchie Page6 of 7 39.DEQenforcement staffprovidedMr.ArchiewiththeopportunitytofileanAbilitytoPay Application, butMr. Archie didnottakeadvantage ofthatopportunity. Testimony of Benjamin Holland. 40. Penalties for Mr. Archie's violations havenot been addressedpreviously in anyorderor case decision. Testimony ofBenjamin Holland. 41. Penalties in orders issued under Va. Code 10. 1-1186 are limited to $10, 000. Va. Code 10. 1-1182, 10. 1-1186. 42.A civilpenaltyof$10,000isappropriatetoaddressMr.Archie'sviolations inthiscase. III. Conclusions of Law 1. Mr. Archie is a "person" under Va. Code 62. 1-44. 3. 2. DEQ'sNROisanappropriate venue fortheProceedings. 3. Mr. Archie failedto develop andimplement a SWPPPfortheFacility, inviolation of Permit Part III. 4. Mr. Archiefailedto submitto DEQtheChesapeakeBayTMDLDMRforOutfall 001 at theFacility for theJulythrough December 2016 monitoring period (due January 10, 2017), in violation ofPermit Parts I(A)(2)(d)(2), I(A)(5)(a) andI(B)(7)(b)(l) 5. Mr. Archie failedto submitto DEQbenchmarkmonitoring DMRsforOutfall 001 forthe JanuarythroughJune2017monitoringperiod(dueJuly10,2017),theJulythrough December 2017 monitoring period (due January 10, 2018), the January through June 2018 monitoring period (due July 10,2018), andtheJulythrough December 2018 monitoring period (due January 10,2019), inviolation ofPermit Parts I(A)(l)(b), I(A)(2)(d)(2), I(A)(5)(a). 6. Mr. Archie failed to conduct a data analysis ofthe Chesapeake Bay TMDL discharge monitoring data,inviolation ofPermitPartI(B)(7)(b)(3)(b). IV. Relief Theabovefindingsoffactandconclusions oflawsupportissuanceofa SpecialOrder pursuanttoVa.Code 10. 1-1186tocompelMr.ArchietocomplywiththeStateWaterControl LawandthePermit. Specifically, the Special Order will require thatMr. Archie: 1. Within90daysoftheeffectivedateoftheSpecialOrder,submittoDEQa SWPPPfor theFacility, satisfying therequirements ofPart IIIofthePermit. 2. IfDEQprovidesanycomments ontheSWPPP,respondtoDEQ'scomments within14 daysofthedateofthecomments. 3. Within30daysoftheeffectivedateoftheSpecialOrder,submittoDEQa dataanalysis oftheChesapeakeBayTMDLdata,inaccordancewithPermitPartI(B)(7)(b)(3)(b), basedon nutrient andsedimentresults from the averagedChesapeakeBayTMDL monltonng reports. Findings of Fact and Conclusions of Law In re: HenryArchie Page 7 of 7 4. Within90daysoftheeffectivedateoftheSpecialOrder,submittoDEQa Chesapeake BayTMDL Action Plan, in accordance withPermit Part I(B)(7)(b)(3)(c), ifthedata analysis required byparagraph 3 aboveindicates thatthecalculated Facility loadingvalue oftotal phosphorus exceeds 1. 5 Ib/ac/yr, total nitrogen exceeds 12. 3 Ib/ac/yr, ortotal suspended solids exceeds 440 Ib/ac/yr. 5. Within30daysoftheeffectivedateoftheSpecialOrder,paya civilpenaltyof$10,000. RULESOF SUPREMECOURTOFVIRGINIA PARTTWO A APPEALS PURSUANT TO THE ADMD^ISTRATIVE PROCESS ACT Rule 2A:2. Notice ofAppeal. (a) Any party appealing from a regulation or case decision shall file with the agency secretary, within 30 days after adoption ofthe regulation or after service ofthe finalorderinthecasedecision,a noticeofappealsignedbytheappealingpartyorthat party's counsel. With respect toappeal from a regulation, thedateofadoption or readoption shall bethe dateofpublication intheRegister ofRegulations. Inthe event that a casedecisionisrequiredby 2.2-4023orbyanyotherprovisionoflawtobeservedby mailupona party, 3 daysshallbeaddedtothe30-dayperiodforthatparty. Serviceunder thisRule shall besufficient ifsentbyregistered or certifiedmail to theparty's last address known to the agency. (b) Thenotice ofappeal shall identify theregulation orcasedecision appealed from, shallstatethenamesandaddressesoftheappellantandofallotherpartiesandtheir counsel, ifany, shall specifythecircuit courtto whichtheappealistaken, andshall conclude witha certificate thata copyofthenotice ofappealhasbeenmailedto eachof theparties. Anycopy ofa notice ofappealthatissenttoa party's counsel orto a party's registered agent, iftheparty isa corporation, shall bedeemed adequate andshall not be a causefordismissaloftheappeal;provided,however,sendinga noticeofappealtoan agency's counsel shall not satisfy therequirement thata notice ofappeal befiled withthe agency secretary. The omission ofa party whose name and address cannot, after due diligence, beascertained shall not because for dismissal ofthe appeal. (c) Any final agency case decision as described in 2. 2-4023 shall advise the party ofthe time for filing a notice ofappeal underthis Rule. Last amended July 1, 2014; effective July 1, 2014.