Document peR1gqVx1Lrn8GKvRDB6a9bj7
U.S. ENVIRONMENTAL PROTECTION AGENCY REGION III WATER BRANCH, ENFORCEMENT
AND COMPLIANCE ASSURANCE DIVISION CLEAN WATER ACT
COMPLIANCE INSPECTION REPORT
for
Name of Facility: Kinder Morgan Norfolk Terminal Facility Address: 1000 Lansing St., Norfolk, VA 23523 Mailing Address: 1000 Lansing St., Norfolk, VA 23523
Report Prepared on:
1/7/2022 Date
Report Final as of: Date
By:
,
Environmental Scientist (PG Environmental)
Signature
By:
Gold, Peter Digitally signed by Gold, Peter Date: 2022.01.12 08:23:05 -05'00' , EPA
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 Kinder Morgan Liquids Terminals, LLC Kinder Morgan Liquids Terminals, LLC Kinder Morgan Liquids Terminals, LLC VAR052316 July 1, 2019 June 30, 2024 Eastern Branch Elizabeth River 36.8340, -76.2726
On-Site Facility Inspection Overview
On November 16, 2021, U.S. Environmental Protection Agency contractor (EPA), PG Environmental, conducted an industrial stormwater Compliance Evaluation Inspection (CEI) at the Kinder Morgan Norfolk Terminal in Norfolk, Virginia. Kinder Morgan Liquids Terminals, LLC is identified as the Permittee and owns and operates the Facility. A representative from the Virginia Department of Environmental Quality (DEQ) also attended the inspection.
Approximate Entry Time: 9:00 AM (EDT) Approximate Exit Time: 11:00 AM (EDT)
Unique Project Identifier (UPI): 3E22WN026A
Unique Project Identifier: 3E22WN026A
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Inspection Date: November 16, 2021
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
TABLE OF CONTENTS
PAGE
I.
INTRODUCTION............................................................................................................................ 3
II. INSPECTION PROCESS ................................................................................................................ 3 Inspection Opening Conference .......................................................................................................3 Weather and Precipitation Conditions..............................................................................................4 Facility Site Walk.............................................................................................................................4 Records Review ...............................................................................................................................5 Summary of Observations................................................................................................................5 Monitoring Program............................................................................................................5 Stormwater Pollution Prevention Plan (SWPPP) Requirements.........................................6 Closing Conference..........................................................................................................................8
List of Appendices Appendix A: Photograph Log Appendix B: Exhibit Log
o Exhibit 1 - Facility Stormwater Pollution Prevent Plan (SWPPP) (last revised November 8, 2019) o Exhibit 2 - Electronic Discharge Monitoring Reports (eDMR) data from 2019 - 2021 o Exhibit 3 - Facility SWPPP Map (last revised February 23, 2017)
Appendix C: NPDES Permit No. VAR052316 and Sector AF Requirements
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
I.
INTRODUCTION
On November 16, 2021, a representative from U.S. Environmental Protection Agency (EPA) Region III's contractor, PG Environmental (the Inspector), conducted a compliance evaluation inspection at Kinder Morgan Liquids Terminals, LLC's (hereinafter, Permittee) Kinder Morgan Norfolk Terminal (hereinafter, Facility), in Norfolk, Virginia. The Inspector was joined on the inspection by a representative from the Virginia Department of Environmental Quality (DEQ). The purpose of the inspection was to assess the Permittee's compliance with the Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity (VAR052316, the Permit).
The Kinder Morgan Norfolk Terminal operates as bulk storage, Standard Industrial Classification (SIC) code (4226 - Special Warehousing and Storage), and is subject to the additional requirements included in Sector AF of the Permit. The Facility serves as a bulk storage facility for chemicals and petroleum products, with eleven (11) onsite aboveground storage tanks (ASTs). The Facility encompasses approximately 11.5 acres, of which there are an estimated 3 acres of impervious area where industrial activities occur. The Facility has two (2) outfalls onsite; (001) located at the north end of the tank farm that discharges to the Eastern Branch Elizabeth River, and (002) located adjacent to the Facility truck rack that discharges to a storm drain swale.
The southern portion of the Facility includes an office building/trailer and maintenance/storage building. The middle portion of the Facility includes the truck rack and Outfall 002. The northern portion includes the tank farm, Outfall 001, and product loading dock on the Eastern Branch Elizabeth River.
Facility representatives explained that incoming products are unloaded at the loading dock where they are then piped into storage tanks. At the time of the inspection, the Facility was only utilizing one tank (Tank 5008) to store sodium hydroxide (caustic soda). The other ten (10) ASTs were classified as out of service. Products are then transported offsite via tanker truck or barge on the Eastern Branch Elizabeth River.
II. INSPECTION PROCESS
Inspection Opening Conference
The Inspector arrived at the Facility at 9:00 AM (EDT) for the inspection. Mr. Taylor Fontaine of PG Environmental displayed his Clean Water Act (CWA) 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.
Name Taylor Fontaine
Steven Long
Bob Wolfe - Terminal Manager Cory Steil - Maintenance Manager Mark Leiberman - EHS Manager
Table 1: Inspection Attendee List
Affiliation
Telephone
EPA Region III Contractor
Email
PG Environmental
(703) 956-1977
taylor.fontaine@pgenv.com
Virginia Department of Environmental Quality
Virginia DEQ
(757) 518-2027
Steven.long@deq.virginia.gov
Facility Representatives
Kinder Morgan Liquids Terminals LLC
(757) 359-0423
Kinder Morgan Liquids Terminals LLC
(757) 544-1746
Kinder Morgan Liquids Terminals LLC
(708) 305-6891
Bob_wolfe@kindermorgan.com Cory_steil@kindermorgan.com Mark_leiberman@kindermorgan.com
Unique Project Identifier: 3E22WN026A
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Inspection Date: November 16, 2021
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
Name Jason Smith - Operations Lead
Affiliation Kinder Morgan Liquids Terminals LLC
Telephone (757) 544-2508
Email Jason_smith@kindermorgan.com
Weather and Precipitation Conditions
During the inspection, the weather was sunny with temperatures of approximately 46F. 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
PORTSMOUTH 4.1 SSE, VA US US1VAPRC002 PORTSMOUTH 4.1 SSE, VA US US1VAPRC002 PORTSMOUTH 4.1 SSE, VA US US1VAPRC002 PORTSMOUTH 4.1 SSE, VA US US1VAPRC002 PORTSMOUTH 4.1 SSE, VA US US1VAPRC002 PORTSMOUTH 4.1 SSE, VA US US1VAPRC002
11/11/2021 11/12/2021 11/13/2021 11/14/2021 11/15/2021 11/16/2021
Precipitation Amount (inches)1 0.00 0.45 0.31 0.00 0.00 0.00
Facility Site Walk
As part of the inspection process, the Inspector visually observed the site conditions in the presence of the Terminal Manager and Facility staff, Mr. Bob Wolfe - Terminal Manager, Mr. Cory Steil - Maintenance Manager, Mr. Mark Leiberman - EHS Manager, and Mr. Jason Smith - Operations Lead. The primary purpose of the inspection was to review industrial processes at the Facility, to review the accuracy and reliability of the Permittee's self-monitoring and reporting program, and to obtain information that will assist EPA in assessing the Permittee's compliance with the requirements of the Permit.
Photographs were taken during the inspection by Mr. Taylor Fontaine. 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 Inspector began the Facility walk-through at the Facility office located at the southern portion of the Facility and proceeded north towards the middle portion. There, the Inspector observed Outfall 002 located adjacent to the Facility truck rack, as well as the truck rack (refer to Appendix A, Photographs 1 through 5). Outfall 002 receives sheet flow from the adjacent parking lot and truck rack areas. Flow from this outfall is manually pumped as needed to the adjacent drainage swale.
The Inspector proceeded north towards the tank farm, observing the collection area for Outfall 001 and the Facility's proximity to the Eastern Branch Elizabeth River (refer to Appendix A, Photographs 6 through 8). Outfall 001 receives stormwater flow from the northern portion of the Facility tank farm. The Inspector exited the tank farm and proceeded north towards the northern boundary of the Facility on the Eastern Branch Elizabeth River and observed the Facility's loading dock, manual release valve for Outfall 001, and the outfall (refer to Appendix A, Photographs 9 through 13). Facility representatives stated that flow from Outfall 001 is gravity fed from the collection area via pipe and the outfall outlet pipe is manually opened as needed.
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/).
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
The Inspector concluded the Facility walkthrough at the Facility's office trailer.
Records Review
The Inspector conducted a records review to evaluate the Permittee's compliance with the Permit. The Inspector informed the Permittee that any information that the Facility deemed to be confidential business information ("CBI") should be identified to EPA representatives and it would be handled according to EPA's CBI procedures.
The Facility's stormwater pollution prevention plan (SWPPP) was reviewed onsite; however, most document review was conducted offsite. The Facility's electronic discharge monitoring report (eDMR) data as well as the most recent DEQ inspection report were provided electronically by DEQ and reviewed offsite. The following documents were reviewed:
Facility Permit Registration Statement (received April 5, 2019) Facility SWPPP (last revised November 8, 2019) (refer to Appendix B, Exhibit 1)
o Quarterly Visual Inspection records (February 2017 - September 2021) o Quarterly Routine Visual Inspection records (December 2018 - June 2021) o Annual Facility Personnel Stormwater Training records (November 2019 - November
2021) eDMR data for 2019 - 2021 (refer to Appendix B, Exhibit 2) Facility SWPPP Map (last revised February 23, 2017) (refer to Appendix B, Exhibit 3) DEQ Inspection Report (January 27, 2017) Facility Inspection Response (February 24, 2017)
Summary of Observations
The following section summarizes the Inspector's observations relative to the Permit requirements, including the Permittee's Permit status, monitoring program, SWPPP requirements, pollution prevention and good housekeeping, and employee training.
Monitoring Program
Part I.A.1.b of the Permit states that the Permittee must conduct benchmark monitoring of discharges associated with specific industrial activities.
"Table 70-1 identifies the specific industrial sectors subject to the benchmark monitoring requirements of this permit and the industry-specific pollutants of concern. The permittee shall refer to the tables found in the individual sectors in Part IV (9VAC25-151-90 et seq.) for benchmark monitoring concentration values. Colocated industrial activities at the facility that are described in more than one sector in Part IV shall comply with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for the permittee to use to determine the overall effectiveness of the SWPPP in controlling the discharge of pollutants to receiving waters. Benchmark concentration values, included in Part IV of this permit, are not effluent limitations. Exceedance of a benchmark concentration does not constitute a violation of this permit and does not indicate that violation of a water quality standard has occurred; however, it does signal that modifications to the SWPPP are necessary, unless justification is provided in a routine facility inspection. In addition, exceedance of benchmark concentrations may identify facilities that would be more appropriately covered under an individual, or alternative general permit where more specific pollution prevention controls could be required."
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
Part I.A.1.b of the Permit includes benchmark monitoring requirements for this Facility, as described in Figure 1 below.
Figure 1. Sector AF Benchmark Monitoring Requirements
Part I.2.d.(2) states that the Permittee must conduct "Benchmark monitoring, effluent limitation monitoring, and impaired waters monitoring (for waters both with and without an approved TMDL). Monitoring shall be conducted at least once in each of the following semiannual periods each year of permit coverage: January through June, and July through December."
Part IV.B of the Permit, "Facilities or stormwater discharges included in this sector are required to monitor their stormwater discharges for the pollutants of concern listed in Table 390."
Part IV.B of the Permit includes sector specific benchmark monitoring concentrations for this Facility, as described in Figure 2 below.
Figure 2. Sector AF Benchmark Monitoring Concentrations
Based on a review of eDMR data from 2019 - 2021, the Facility had monitored for total suspended solids (TSS) on a semiannual basis, as per Permit requirements (refer to Appendix B, Exhibit 2). However, the Facility experienced benchmark level exceedances for TSS (258.4 mg/L; Outfall 001) and (113.2 mg/L; Outfall 002) for the monitoring period (January 1 - June 30, 2021). No other benchmark exceedances were reported in the data.
Stormwater Pollution Prevention Plan (SWPPP) Requirements
Part I.A.6.a(1) of the Permit states, "If the benchmark monitoring result exceeds the benchmark concentration value for that parameter, the permittee shall review the SWPPP and modify it as necessary to address any deficiencies that caused the exceedance. Revisions to the SWPPP shall be completed within 60 days after an exceedance is discovered. When control measures need to be modified or added (distinct from regular preventive maintenance of existing control measures described in Part III C), implementation shall be completed before the next anticipated storm event if possible, but no later than 60 days after the exceedance is discovered, or as otherwise provided or approved by the department. In cases where construction is necessary to implement control measures, the permittee shall include a schedule in the SWPPP that provides for the completion of the control measures as expeditiously as practicable, but no
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
later than three years after the exceedance is discovered. Where a construction compliance schedule is included in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary controls to be implemented in the affected portions of the facility prior to completion of the permanent control measure. Any control measure modifications shall be documented and dated, and retained with the SWPPP, along with the amount of time taken to modify the applicable control measures or implement additional control measures."
Part III.E.3 of the Permit states, "The permittee shall modify the SWPPP whenever necessary to address all corrective actions required by Part I A 6 a (Data exceeding benchmark concentration values) or Part I A 6 b (Corrective actions). Changes to the SWPPP shall be made in accordance with the corrective action deadlines in Part I A 6 a and Part I A 6 b, and shall be signed and dated in accordance with Part III E 1."
The Facility had benchmark monitoring exceedances for TSS at Outfalls 001 and 002 for the monitoring period of January 1 - June 30, 2021. During the inspection, Facility representatives stated that the exceedances were the result of "poor sampling," and were not representative of actual water quality. However, the Facility had not modified the SWPPP to document the "poor sampling" or address the deficiency.
Part III.B.2 of the Permit states, "The SWPPP shall include the following: a. A description of the industrial activities at the facility. b. A site map identifying the following: (1) The boundaries of the property and the size of the property in acres; (2) The location and extent of significant structures and impervious surfaces; (3) Locations of all stormwater conveyances, including ditches, pipes, swales, and inlets, and the directions of stormwater flow using arrows to indicate which direction stormwater will flow; (4) Locations of all stormwater control measures, including BMPs; (5) Locations of all surface water bodies, including wetlands; (6) Locations of potential pollutant sources identified under Part III B 3; (7) Locations where significant spills or leaks identified under Part III B 3 c have occurred; (8) Locations of stormwater outfalls. (a) An approximate outline of the area draining to each outfall; (b) The drainage area of each outfall in acres; (c) The longitude and latitude of each outfall; (d) The location of any MS4 conveyance receiving discharge from the facility; and (e) Each outfall shall be identified with a unique numerical identification code. For example: Outfall Number 001, Outfall Number 002, etc.; (9) Location and description of all nonstormwater discharges; (10) Location of any storage piles containing salt; (11) Locations and sources of suspected run-on to the site from an adjacent property if the run-on is suspected of containing significant quantities of pollutants; and (12) Locations of all stormwater monitoring points."
After the inspection, the Permittee provided the Inspector with a copy of the most recent SWPPP map (refer to Appendix B, Exhibit 3). However, the map did not include the following Permit-required components:
The location and extent of significant structures and impervious surfaces. The map states, "All structures are shown on the above map. Other than building roofs, the site has no impervious surfaces." The Inspector observed several hard packed roadways and gravel surfaces that were impervious.
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report
The longitude and latitude of each outfall.
Closing Conference
At the conclusion of the onsite inspection, the Inspector conducted a closing conference with the Terminal Manager, EHS Manager, Maintenance Manager, and Operations Lead and shared preliminary observations. The Inspector reiterated that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by the Inspector 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 11:00 AM (EDT).
Unique Project Identifier: 3E22WN026A
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Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
Appendix A Photograph Log
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
Drainage swale
(DSCN2196) View, facing east, of Outfall 002 located adjacent to the Facility truck rack. This outfall receives sheet flow from the adjacent parking lot and truck rack areas. Flow from this outfall is manually pumped to the drainage swale identified in the photograph.
Truck rack
Flow Direction
(DSCN2197) View, facing west, of the Facility's maintenance/storage building, impervious surface parking lot, and truck rack. Note the direction of stormwater flow towards Outfall 002, as shown in Photograph 1.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
Truck rack
Flow Direction (DSCN2200) Additional view, facing east, of Outfall 002. Note part of the structure for the Facility truck rack adjacent to the outfall and direction of stormwater flow.
(DSCN2202) View, facing north, of the Facility truck rack located in the middle of the Facility.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
Outfall 002
Flow Direction (DSCN2203) View, facing northeast, of the Facility truck rack as shown in Photograph 4. Note the proximity to Outfall 002.
(DSCN2204) View, facing north, of the Facility's aboveground storage tank (AST) farm (hereafter, tank farm) in the northern portion of the Facility. At the time of the inspection, the Facility was currently only utilizing one tank (Tank 5008) to store sodium hydroxide (caustic soda). The other ten (10) ASTs onsite were classified as out of service.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
Berm and fence line
Collection area for Outfall 002
(DSCN2207) View, facing north, of the collection area for Outfall 001 in the northern portion of the tank farm. Facility representatives stated that flow from Outfall 001 is gravity fed from the collection area via the submerged pipe, and the outfall outlet pipe located on the other side of the berm/fence is manually opened as needed.
(DSCN2212) Closer view of the collection area for Outfall 001, as shown in Photograph 7.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
(DSCN2208) View, facing north, of the Eastern Branch Elizabeth River and Facility loading dock on the other side of the tank farm berm/fence line as shown in photograph 7.
(DSCN2216) Closer view of the Eastern Branch Elizabeth River and Facility loading dock, as shown in Photograph 9.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
(DSCN2217) View, facing south, of the manual valve for Outfall 001. Note the tank farm in the background.
Outlet pipe
(DSCN2218) View, facing north, of the outlet pipe for Outfall 001 that discharges into the Eastern Branch Elizabeth River. The pipe, often submerged, is closed unless it needs to be opened to release stormwater from the collection area, as shown in Photographs 7 and 8.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Liquids Terminals LLC (VAR052316) Industrial Stormwater Report - Photo Log
(DSCN2219) View, facing south, of the outlet pipe for Outfall 001.
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report Exhibit Log
Appendix B Exhibit Log
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report Exhibit Log
Exhibit 1 Facility Stormwater Pollution Prevent Plan
(SWPPP)
Unique Project Identifier: 3E22WN026A
Inspection Date: November 16, 2021
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Storm Water Pollution Prevention Plan
For
Norfolk Terminal 1000 Lansing Street Norfolk, VA 23523
SWPPP Preparation Date
February 2016
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
i
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
STORMWATER POLLUTION PREVENTION PLAN ............................................................................4 MANAGEMENT APPROVAL ................................................................................................................ 4 RECORD OF PLAN REVISIONS..........................................................................................................5 ACRONYMS ......................................................................................................................................... 6 GENERAL TERMINAL INFORMATION................................................................................................1 Summary of Storm Water Discharge Associated with Industrial Activity ...............................................2 OVERVIEW........................................................................................................................................... 3
1.0 INTRODUCTION .....................................................................................................................3 1.1 OBJECTIVES .............................................................................................................................. 3 1.2 COMPARISON TO OTHER PLANS ........................................................................................ 4 1.3 STORM WATER POLLUTION PREVENTION TEAM..............................................................4 2.0 Terminal Description ................................................................................................................... 5 2.1 Location and Physical Setting..................................................................................................5 2.2 STORM WATER DRAINAGE ..................................................................................................6 3.0 POTENTIAL SOURCES OF POLLUTANTS ...............................................................................6 3.1 Waste, Garbage and Floatable Debris.....................................................................................6 3.2 Inventory of Significant Materials and Potential Pollutant Sources ..........................................6 3.3 Significant Spills and Leaks .....................................................................................................7 3.4 Non-storm water Discharges Documentation ..........................................................................7 3.5 Summary of Storm Water Sampling Data ................................................................................7 4.0 Storm Water BMP's.....................................................................................................................8 4.1 Non-Structural Controls ...........................................................................................................8 4.2 Structural Controls .................................................................................................................12 4.3 Proposed Controls .................................................................................................................12 4.4 Spill Prevention and Response..............................................................................................14 4.5 Erosion and Sediment Controls .............................................................................................14 4.6 Non-storm water Discharge Detection and Elimination..........................................................14 4.7 Management of Runoff ..........................................................................................................14
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus ii
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
4.8 Construction Site Runoff ........................................................................................................15 4.9 Non-Storm Water Discharges ................................................................................................15 4.10 Inspections .........................................................................................................................15
4.10.1. Routine Terminal Inspections.......................................................................................15 4.10.1.1 Routine Terminal Inspection Documentation ................................................................. 16 4.10.2 Quarterly Visual Assessment of Storm Water Discharges ..........................................16 4.10.2.1 Quarterly Visual Assessment Documentation...........................................................17 4.10.3 Comprehensive Site Inspections.................................................................................17 5.0 Plan Evaluation, Revision, and Recordkeeping Requirements .................................................17 5.1 Sampling Data Evaluation......................................................................................................17 5.2 Annual Site Compliance Evaluation Requirements................................................................18 5.3 Plan Revision Requirements..................................................................................................18 5.4 Reporting and Recordkeeping Requirements ........................................................................18 5.4.1 Records to Illustrate Compliance.....................................................................................18 6.0 Employee Training ....................................................................................................................19 6.1 Schedule of Training Program ...............................................................................................19 6.2 Description of Training ...........................................................................................................19
Figures Figure 1 - Site Location Map Figure 2 - Site Layout Map
Appendices Appendix 1 - Copy of the current General Permit VAR052316 Appendix 2 - Previous term sampling results Appendix 3 - Form 1207.005 - Quarterly Visual Assessment Forms, Outfalls 001 & 002 Appendix 4 - Form 1207.006 - Record of Significant Leaks, Spills or Releases Appendix 5 - Form 1207.007 - Quarterly Routine Terminal Inspection Forms Appendix 6 - Annual Non-Stormwater Discharge Evaluations Appendix 7 - Additional documentation to/from VDEQ
Permit Registration Statement Acknowledgement Letter Appendix 8 - BMP Implementation Record and Construction Schedule Appendix 9 - Parameter Exceedance Review Appendix 10 - Training Sign-In Sheets
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus iii
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
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 ensure 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 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.
Terminal Manager Signature
Date
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
iv
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
This SWPPP shall be reviewed on an annual basis and amended, if necessary. Amendments and / or reviews shall be documented in the table below. The plan must be amended in response to any changes in terminal design, construction, or operation that materially affect the potential for a discharge of non-storm water to the storm water system and the potential to impact storm water quality in discharges from the terminal. The plan must also be amended if it becomes apparent that the plan is inadequate in preventing storm water runoff pollution. It may be necessary to amend the plan based on the results of annual compliance evaluations and quarterly visual inspections. The following reflects changes that have been incorporated into the plan since the date of implementation on 02/2016
Revision # 0
1 2
Date 2/2016 8/2016
6/2017
Description of Change
Initial issuance of plan. Terminal management personnel change and management of runoff change TMDL monitoring periods and site map
SignatureReviewed/Revised by: N/A
3
4/2018 Administrative update
4
6/2018 6.0 Sampling Data (TMDL) and 7.8 -
Management of Runoff
5
11/2019 Update to newest template and
incorporation of latest permit conditions
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
v
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
AST BMPs CERCLA CFR CWA DMRs DW NOI EPA EHS HAZMAT HMIS HWMP KMT MSGP NOI NOT POLs PRIM PVC RQ SOP SPCC SW SWPPP SWPPT UPH USDOT UST VPDES
Aboveground storage tank Best Management Practices Comprehensive Environmental Response, Compensation and Liability Act Code of Federal Regulations Clean Water Act Discharge Monitoring Reports Double-walled Notice of Intent U.S. Environmental Protection Agency Environmental Health Specialist Hazardous materials Hazardous Materials Identification System Hazardous Waste Management Plan Kinder Morgan Terminal Multi-Sector General Permit Notice of Intent Notice of Termination Petroleum, oils, and lubricants Planning, Readiness and Incident Management Polyvinyl chloride Reportable quantity Standard Operating Procedure Spill Prevention, Control, and Countermeasure Single-walled Storm Water Pollution Prevention Plan Storm Water Pollution Prevention Team Unaccompanied Personnel Housing U.S. Department of Transportation Underground storage tank Virginia Pollutant Discharge Elimination System
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
vi
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Prevention Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Norfolk 1000 Lansing Street
Norfolk, VA 23523
Point of Contact: Title: Telephone: Mailing Address:
Robert W. Wolfe, Jr. Terminal Manager 757-494-1640 Ext. 2 1000 Lansing Street
Norfolk, VA 23523
Standard Industrial Classification (SIC) Code: (NEC)
4226 - Special Warehousing and Storage, Not elsewhere classified
Permit Information:
Terminal Permit Name:
Kinder Morgan Norfolk Terminal
Permit Number:
VAR052316
Initial Date of Coverage:
7/1/2019 - 6/30/2024
Number of Storm Water Outfalls:
2
Receiving Waters:
Elizabeth River
Emergency Contacts:
On-site Name: Telephone:
Jason Smith, Lead Operator 757-544-2508 (Cell)
Off-site Name:
Telephone:
Robert Wolfe, Terminal Manager 757-359-0423 (Cell)
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Page 1 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
!
Outfall 001
Description
Drainage of 5.2 industrial acres
002
Drainage of 1.2
industrial acres
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Storm Water Discharge Summary
Location
Use Type of Discharge
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Receiving Water
West end of Tank Farm
Chemical and fuel storage
Effluent runoff Eastern Branch of the Elizabeth River
Truck Rack
Chemical and fuel loading rack
Effluent runoff
Storm drain swale
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Page 2 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
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This Stormwater Pollution Prevention Plan (SWPPP) covers the operations at Kinder Morgan Norfolk Terminal (Kinder Morgan), 1000 Lansing Street, Norfolk, Virginia. It has been developed as required by the State of Virginia Department of Environmental Quality (DEQ) under Virginia's VPDES General Permit for Discharges of Stormwater Associated with Industrial Activity (General Permit). A copy of the General Permit is included as Appendix I. This document was prepared as a working document to be utilized by Kinder Morgan personnel to aid in complying with the conditions of the General Permit. The plan will be certified by facility management and kept on the facility site where the stormwater discharge is generated. It is to be available upon request to DEQ, or authorized representative, and/or the Regional Administrator of the US Environmental Protection Agency (EPA). Sampling data will also be available to the same persons, will not be considered confidential, and Right of Entry will be guaranteed upon presentation of credentials or other documents.
A stormwater pollution prevention team has been designated in the SWPPP to ensure that the plan is implemented. This SWPPP becomes effective at time of certification
)*) ,-
The primary goal of the storm water permit program is to improve the quality of surface waters by reducing the amount of pollutants potentially contained in the stormwater runoff being discharged. The SWPPP describes this facility and its operations, identifies potential sources of stormwater pollution at the facility, recommends appropriate best management practices (BMPs) or pollution control measures to reduce the discharge of pollutants in stormwater runoff, and provides for periodic review of this SWPPP.
Industrial facilities subject to a VPDES permit must prepare and implement an SWPPP for their facility.
The objectives/elements of the SWPPP at Kinder Morgan are as follows:
Identify the stormwater pollution prevention team;
Provide a site description; Summarize the potential pollutant sources; Identify areas where potential spills and leaks can contribute pollutants to stormwater discharges; Summary of sampling data; Describe the applicable stormwater control measures; Provide the schedules and procedures for control measures, monitoring, and inspections; Describe the applicable monitoring and reporting; and Provide a management commitment and signature.
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TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
)*.
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The following documents provide useful information for spill prevention and response and are incorporated in this SWPPP by reference, where appropriate:
Spill Prevention Control and Countermeasure (SPCC) plan: The SPCC plan was prepared for the storage tanks at the Norfolk Terminal in accordance with the requirements set forth in 40 CFR 112. The objective of the SPCC plan is to reduce the likelihood of the release of oil products to the environment and to describe procedures for responding to an oil release in the event of an accident. Preventative maintenance, spill prevention and response, inspections, training associated with the storage tanks for those regulated by 40 CFR 112
)*0
The Pollution Prevention Team (PPT) is identified as a specific person(s) or position(s) responsible for overall coordination, development, implementation and revision of the SWPPP. The PPT will assist the facility manager in developing and revising the facility's SWPPP as well as maintaining control measures and taking corrective actions where required. Each identified PPT member must have ready access to either an electronic or paper copy of applicable portions of the General Permit and the SWPPP.
The PPT are personnel chosen by facility management for the development and implementation of the SWPPP. These personnel are familiar with the facility and its operations and with corporate environmental procedures. The PPT provides structure and direction to the facility's stormwater management program. The PPT should remain flexible and be molded to conform with the resources and specific conditions at the facility.
The PPT consists of a Team Leader and Team Members. The Team Leader is primarily responsible for the facility's stormwater management program and communicating the needs of the program to the facility's management. The Team Member is responsible for assisting the Team Leader in meeting the goals of the SWPPP.
The member(s) of the team and their responsibilities are as follows:
Table 1: Storm Water Pollution Prevention Team
Signatory Authority Conduct Training Record Keeping Routine Visual Inspection Implement
BMP's Annua l Inspection Revise SWPPP
Name
Team Position Position of Member
Bob Wolfe Sonia Wines or Mark Lieberman
John Rawls Jason Smith
Team Leader Team Member Team Member Team Member
Terminal Manager EHS Specialist/Mgr
Operations Operations
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Page 4 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
.*+
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Kinder Morgan is located at 1000 Lansing Street, in Norfolk, Virginia and is a bulk liquid chemical storage facility for-hire consisting primarily of a number of above ground storage tanks and associated loading/unloading facilities.
The terminal is in the business of storing liquid chemicals for industrial clients prior to shipment to end users. No chemical manufacturing is done at Kinder Morgan other than blending (mixing) operations. Some of the products at Kinder Morgan require blending at the rack.
Kinder Morgan operates under Standard Industrial Classification (SIC) code 4226, special warehousing and storage, NEC. The corresponding North American Industry Classification System Code for this type of operation is 493190 - other warehousing and storage. The industrial activity is confined to approximately 11.5 acres of the property and Kinder Morgan has no tenants sharing facilities. Processes at Kinder Morgan subject to the General Permit and covered under this SWPPP include liquid chemical and fuel storage, and transfers.
Location
Table 2: Industrial Activities Area Summary Industry Activity
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Potential Pollutants
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Page 5 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
.*.
A site layout map of the Kinder Morgan facility is provided as Figure 2. The figure shows the following: The boundaries and the size of the property (in acres); The location and extent of significant structures and impervious surfaces (roofs, paved areas and other impervious areas); Locations of all stormwater conveyances including ditches, pipes, swales, and inlets, and the directions of stormwater flow (arrows show direction stormwater will flow); Locations of all stormwater control measures including BMPs; Locations of all surface water bodies, including wetlands; Locations of potential pollutant sources identified under Part III Section B 3 of the General Permit; Locations where significant spills or leaks identified; Locations of stormwater outfalls (identified numerically) and an approximate outline of the area draining to each outfall, drainage area of each outfall in acres, and longitude/latitude of each outfall; Location and description of all non-stormwater discharges; Location of any storage piles containing salt used for deicing or other commercial or industrial purposes; and Locations and sources of runon to the site from adjacent property, where the runon contains significant quantities of pollutants. Locations of stormwater monitoring points.
The facility discharges to the Elizabeth River and does not discharge through a municipal separate storm sewer system (MS4). Wetland sites that may receive discharges from the facility are limited to off-site (no wetlands are onsite) wetlands around the banks of the Elizabeth River.
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Waste, Garbage and floatable debris are collected and stored in closed containers until they are removed from the site for disposal, and would not be anticipated to impact runoff.
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The locations of storage tanks, with their capacities, as well as the location of the primary hazardous material and hazardous waste storage area, are shown in the below table provides a description of the activities or materials determined to be potential sources of storm water pollution at the terminal and the source of the potential exposure. This table also describes existing material management practices for reducing the potential discharge of pollutants in storm water.
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Page 6 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Description of Exposed Material, Activity or Potential
Source Storage Tanks
Transfer locations (Dock, Loading Racks) Fueling Station Transfer Pipes and Hoses
Table 3: Summary of Potential Pollutants
Source of the Potential Exposure
Potential Pollutants
Description of Existing Management Controls
Tank overfill, failure of pumps/connections Spill from loading, overfill Spill from loading Pinhole leaks, failure of equipment
Various
Various
Diesel fuel Various
High level alarms, emergency stop (pumps), spill kit, visual inspections Emergency stop (pumps), spill kit, visual inspections, manned transfers Spill Kit, manned fueling Emergency stop, spill kit, visual inspections
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Significant spills (as defined by Federal Regulations published in 60 FR 50804) include, but are not limited to: releases of oil or hazardous substances in excess of reportable quantities under Section 311 of the CWA (see 40 CFR 110.10 and CFR 117.21) or Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see 40 CFR 302.4). This terminal has reported that no significant spills or leaks have occurred in the past three years.
Future leaks or spills occurring during the General Permit term will be reported and documented as described in the terminal's SPCC plan. The SWPPP and SPCC plan will be reviewed and modified, if appropriate, to include additional measures to prevent a reoccurrence of similar releases.
The following actions will be taken to plan for spill prevention and response:
Identify areas where spills can occur onsite and their drainage points Specify material handling procedures, storage requirements, and equipment use, such as
diversion valves Review procedures with personnel for cleaning up spills
A History of Spills and Leaks will be maintained in this SWPPP on form 1207.006, in Appendix 4.
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Part III, Section D of the General Permit requires the terminal to conduct an annual outfall evaluation for unauthorized discharges. The Non-Stormwater Annual Discharge Evaluation forms are included in Appendix 6.
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The previous 3 year sampling results are maintained in Appendix 2.
Benchmark Monitoring: As noted in Part I, Table 70-1 of the General Permit, benchmark monitoring is required for total suspended solids (TSS) for sources in Industry Sector AF.
Kinder Morgan is required to conduct benchmark monitoring. Monitoring shall be performed at least once during each of the first four, and potentially all, monitoring periods after the facility is granted coverage under the permit. Depending on the results of four consecutive monitoring periods, benchmark monitoring may not be required to be conducted in subsequent monitoring periods (see Part I, Section A .1. b. (2) of the General Permit).
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Page 7 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
4*+
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There are several appropriate storm water pollution control measures in this SWPPP. These measures, known as Best Management Practices, will be implemented. There are two primary categories of BMPs:
General baseline BMPs or non-structural controls, and Advanced BMPs or structural controls.
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Non-structural controls are operational practices intended to improve storm water quality by minimizing or eliminating the accumulation and potential contact of pollutants with runoff at or near their source. Non-structural control measures utilized at this site are described on table 4 "Description of Non-Structural BMP's". These controls include good housekeeping, preventive maintenance, spill prevention and response, and visual inspections. Additional spill prevention and response procedures are described in the terminal's SPCC plan. The response procedures for spills of any material will follow the procedures presented in the SPCC plan.
Non-structural controls include:
Minimizing Exposure - industrial activities are conducted indoor wherever possible to minimize exposure to rain and runoff.
Good - includes regular pickup and disposal of waste materials, routine inspections for leaks and condition of drums, tanks and containers. General waste pickups are scheduled on a weekly basis. Used oil removals are scheduled as needed to maintain appropriate levels of used oil within the used oil storage tank.
Maintenance - equipment is maintained to minimize the potential for leaks/spills; and the terminals control measures are maintained in effective operating condition.
Included in the preventive maintenance program is the inspection and testing of equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters.
Management systems, including Spill prevention and response procedures Inspections Employee training Recordkeeping and internal reporting procedures
BMP Good Housekeeping
Table 4: Description of Non-Structural BMP's
Description Sweeping - Sweep all areas covered with concrete, cement, or asphalt surfaces regularly. This includes areas both inside and outside the boiler house. All dirt and sediments swept from these areas shall be disposed in an area of the site which does not come in contact with storm runoff and trucked out of the terminal for disposal. Leaks and Spills - Immediately clean up all leaks and spills with dry absorbent, preferably absorbent pads. Once the spill is cleaned place the
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Page 8 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
absorbent in the designated receptacle. Parking - Limit parking to specific areas. Park vehicles under covered areas as much as possible. Vehicle Maintenance - Conduct all vehicle maintenance in covered areas. Pavement/Floor Washing - Avoid hosing down work area inside or outside the boiler house. Use brooms, shovels, mops, etc. to collect the waste and dispose of it properly. Drip Pans - Keep a drip pan under vehicles while disconnecting hoses, unscrewing filters, or removing other parts. Use a drip pan under a vehicle that might leak, to keep splatters or drips off the floor. Used Oil Filters - (if applicable) Crush and recycle used oil filters according to the state requirements. Battery Storage - Store used batteries in a covered, non-leaking secondary container until they are delivered to a recycling terminal. Waste Disposal - Dispose of trash and debris by putting them inside the designated receptacles or dumpster. Keep the dumpster lid closed to prevent rainfall from entering the dumpster. Empty the receptacles or dumpster regularly. Used Fluids - Used fluids shall be promptly transferred to the proper waste or recycling drums. Partially filled drip pans or other containers shall not be left lying around the terminal. Periodic Inspections - Inspect oil/fluid storage tanks, equipment, and piping periodically to ensure that there are no leaks. Employee Awareness - Post good housekeeping procedures, signs and reminders in appropriate locations around the workplace. Materials Transfer to/from Containers- Transfer materials in a manner that prevents and contains drips and spills. Containment shall be placed below the spigots, and funnels shall be used for adding materials to a container. Parts-Cleaning Procedures - Where available use closed engine parts wash equipment. If parts washing is done manually, clean parts without using liquid cleaners. Scrape parts with a wire brush. If liquid cleaners are needed for parts washing, do all liquid cleaning at a designated location in the shop to reduce the size of contaminated area. Remove parts gently, when they are dipped in liquid solvents. Locate drip pans and drain boards in a secondary contained area so the used liquid solvents can be reused or recycled. Hazardous Materials Minimization - Investigate the feasibility of replacing the hazardous materials with less toxic substitutes. Detergents - Use phosphate-free biodegradable detergents for equipment washing. Parts-Cleaning Agents - Use non-caustic detergents instead of caustic cleaning agents for parts cleaning. Use cleaning agents that can be recycled. Organic Solvents - Use detergent-based or water-based cleaning systems instead of organic solvent degreasers. Presoak the dirty parts in used solvent before cleaning them with fresh solvent. Chlorinated Organic Solvents - Use non-chlorinated solvents in place of chlorinated organic solvents (1,1,1-trichloroethane, ethylene chloride,
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TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Preventive Maintenance
Spill Prevention and Response Procedures
Etc.) Drum Storage - Place drums in covered areas underlain by a concrete slab and secondary containment. Recycling Procedures - Collect used oil, fluids, solvents, degreasers, separately, in appropriate drums or containers and transfer to a recycling terminal. Use labels, signs, and color coding to label the containers Employee Information - Use signs, labels, and color coding to identify the hazardous materials in the terminal. Accurate labeling helps the spill prevention crew respond to the spill more efficiently. Materials Management - Keep track of the expiration dates on the unused chemicals in stock room, and plan ahead of time to utilize them, avoid overstocking.
A preventive maintenance program involves regular inspection of the components of the storm water system and testing of terminal equipment which could cause environmental degradation. Consideration will be given to: Gutters - Roof gutters, street gutters, and storm drainage inlets will be inspected quarterly or at the first sign of clogging. Debris collected in the gutters will be removed and disposed of properly. Oil/Petroleum Products Storage Areas - The chemical storage areas will be visually inspected daily for leaks. If there is leakage, the defects will be corrected promptly.
Bulk Material Storage Areas - The bulk material storage areas will be visually inspected daily to contaminated storm water run-off from these areas is minimized as much as possible.
Recordkeeping and Reporting - Records of all inspections and maintenance work will be kept. Erosion Control - Promptly repair and restore all walls, drains, dams, and drainage structures. Re-establish any denuded vegetation, hydroseed any bare ground surfaces, and provide state approved erosion and sediment control measures. Maintenance Schedules - Prepare a maintenance schedule for the life of all storm water management facilities, which states the maintenance to be completed, the time period for completion, who shall perform the maintenance and properly maintain terminal equipment and systems. Inspections - Perform timely inspections and maintenance of storm water management devices such as catch basins, trenches and outfall areas. Non-Storm water Discharges - Test and inspect all terminal equipment to prevent non-storm water discharges to surface waters.
Spill prevention and response procedures are extremely important to prevent storm water pollution. Employees should be well trained in storing, transferring, handling, and disposing the materials, cleaning the storage area, and to respond to a spill in accordance with the Spill Prevention Control and Countermeasure Plan. Spill prevention response procedures that will be implemented at the terminal will include: Containment Area - All petroleum products, solvents, and cleaners will be stored inside a covered contained area. Cleaning - Vacuum and pumps will be used to collect both dry and wet materials in the work, materials storage and handling areas. Spill Response - Mops, rags, absorbent materials (kitty litter, sawdust,
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Page 10 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Monitoring and Inspection
Employee Training Program
Recordkeeping and Internal Reporting Procedures
pads, etc.) Will be used to absorb, contain spills and clean the leaks. The absorbents will be disposed of properly. Storage Locations - Material containers will be stored away from traffic to prevent accidents.
Inspection is the process by which one can evaluate if the pollution prevention plan which has been implemented is effective. Inspection requires an inspector to look at the work place and materials storage areas for evidence of, or potential for, pollutants entering the drainage system. Inspection will be conducted as follows: Oil/fluids storage areas will be inspected daily for spills and damaged containers. Parking areas and parked vehicles will be inspected periodically for evidence of spills and significant leaks. Conduct quarterly monitoring and include copies of:
All monitoring results (including benchmarks, and other monitoring conducted) for the terminal MSGP industrial discharge monitoring reports (DMRs) submitted to VDEQ. Copies of monitoring data submitted to EPA's NOI reporting system.
An employee training program will be developed and implemented to inform personnel of their levels of responsibilities of the components and goals of the plan. The program will explain the purpose and identify the pollution prevention team, and the location and contents of the SWPPP. The training will be conducted annually at a minimum. The training will address: Spill Prevention and Response - In addition to the pollution prevention response team, all individuals who work in the terminal should know what to do if a spill occurs.. Good Housekeeping- Terminal personnel will be taught how to maintain a clean and orderly work area. The tasks of this section are to educate the personnel to:
a. Recognize the signs for good housekeeping. b. Promptly clean the spills and leaks. c. Secure drums/containers; frequently check for leaks and spills. Materials Management- The personnel will be trained to organize materials onsite. This training will be helpful to prevent spills and injury to the personnel, as well as reduce waste due to overstocking. a. Organization - Neatly organizing the materials in the storage area. b. Material labeling - Label materials so they can be identified quickly.
A recordkeeping system ensures adequate implementation of the SWPPP. The record keeping requirements begin with the preparation of the SWPPP. The reports could include at a minimum: Inspection Reports - Inspection reports will be filed with the SWPPP as they are generated. The reports will contain the inspector's name, date of inspection, conditions of the measure or area inspected, maintenance or repair performed, and any changes which should be made to the SWPPP to control or eliminate unforeseen storm water pollution. Maintenance Reports - Reports on regular and special maintenance activities performed on the site, including waste disposal activities. Industrial Activities Reports - The operator will keep a copy of the industrial activities on the site.
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Page 11 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Non-Storm water Discharges
Sediment and Erosion Control Security
Spill Reports - Records of releases of hazardous substances (in excess of reportable quantities established at 40 CFR 117.3 or 40 CFR 302.4) describing for each release:
Date and time of incident Quantity and type of material released Duration and cause of release Cause of incident Weather conditions Cleanup actions Parties notified Environmental problems Recommended revisions of the BMPs program Operating procedures Equipment needed to prevent recurrence Formal written reports (and documentation of all reports called into the
National Response Center in the event of a reportable-quantity discharge) Undocumented reviews are typically performed daily All storm outfalls for the terminal must be tested for the presence of unauthorized non-storm water discharges. The outfall will be inspected four times during the year after three continuous dry days. Soil erosion and sedimentation will be identified in accordance with the state guidelines.
The land access to the terminal is enclosed by a security fence, and access is only allowed through one main gate. Access to the site is only granted for business needs. Access from the water is monitored via surveillance cameras. The facility has an approved MTSA Facility Security Plan in place.
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Physical controls designed to divert, contain, treat, reuse or otherwise manage storm water runoff
to reduce pollutants in storm water discharged from the site. Due to the flat topography of the Kinder
Morgan site, the potential for erosion is low. There are currently no areas identified at the facility that
have significant potential to erode. Therefore, the facility has not currently implemented specific sediment
and erosion control measures.
4*0
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To further minimize the discharge of pollutants in storm water from the site, the proposed BMPs
described in the following "Proposed BMP's" table will be implemented at the terminal.
Exposed Pollution Source/Location Tank Farm
Table 5: Proposed BMP's
Proposed BMP's
1. Maintain secondary containment for tank and spill overprotection device for the tank.
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TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Management of Runoff
Solid Waste Dumpsters Vehicle Parking Hazardous Material Storage
Non-storm water Discharge Detection and Elimination
Pollution Prevention/Good Housekeeping
2. Ensure that a fully-stocked spill kit is readily available. 3. Follow procedures for verifying that no oil is present prior to draining storm water from the containment area. 4. Post signs with spill control and response procedures. 5. Ensure dispensing hoses are stored in containment when not in use 6. Ensure breakaway device is installed on fuel nozzle.
1. Continue to monitor and inspect the site and outfall drainage areas in accordance with the SWPPP and permit. 2. Ensure spill response and recovery procedures are followed.. 3. Ensure the appropriate maintenance of the outfall area is being performed to decrease accumulated sediment.
1. Provide water-tight and/or covered dumpsters for solid waste materials, including recyclables.
1. Store oil product containers that are in use on spill containment pallets. 2. Post signs with spill control and response procedures.
1. Provide a broom and dust pan and a covered container near spill kits for used absorbent materials. 2. Store oil product containers that are in use on spill containment pallets. 3. Post signs with spill control and response procedures. 4. Store flammable products in flammable storage lockers, except while in use.
1. Maintain a storm drainage system map of the outfalls. 2. Inspect outfalls quarterly after three consecutive dry days. 3. Keep surface grates clean. 5. Check for and eliminate non-storm water connections to the storm drain system.
1. Provide training to employees on storm water pollution prevention that covers spill prevention and response, good housekeeping, and materials management 2. Roof gutters, street gutters, and storm drainage inlets will be inspected quarterly or at first sign of clogging. 3. Immediately clean up all leaks and spills with dry absorbent or preferably absorbent pads. 4. Conduct all vehicle maintenance in areas with secondary containment. 5. Avoid hosing down work areas inside or outside of buildings. 6. Dispose of trash and debris by putting them inside the designated receptacles or dumpster. 7. Promptly transfer used fluids to the proper waste or recycling drums. 8. Inspect oil/fluid storage tanks, equipment and piping periodically to ensure that there are no leaks. 9. Transfer materials in a manner that prevents and contains drips and spills. 10. Investigate the feasibility of replacing the hazardous materials with less toxic substitutes. 11. Use signs, labels, color-coding, and Hazardous Material Information System (HMIS) to identify the hazardous materials in the terminal. 12. Keep track of the expiration dates of the unused chemicals in stock room, and plan ahead of time to utilize them, avoid overstocking. 13. Prohibit any vehicle washing on site.
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Page 13 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
4*4 1" ( " & 1
A Spill Prevention Control and Countermeasure (SPCC) Plan has been prepared for the aboveground petroleum storage tanks used at the terminal as per 40 CFR 112. Preventative Maintenance, spill prevention and response, and training associated with the ASTs are consistent between this plan and the SPCC Plan. The facility's SPCC Plan presents the spill contingency program for the prevention and control of accidental releases of petroleum products and for the protection of employees involved in the handling of oil materials at this terminal.
If significant leaks or spills have or will occur in the future, they will be documented using the appropriate form as noted in the SPCC Plan. A record of spills and leaks will be maintained in the SWPPP Binder - Appendix 4.
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No Sediment and Erosion control have been installed at the terminal at this time.
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Ongoing programs and activities will be undertaken to ensure that any non-storm water
discharges are identified and eliminated from the storm water system at this terminal. Potential activities
will include:
A review system to review new construction and repairs for possible non-storm water connections.
Train supervisors on how to identify and prevent non-storm water discharges, as well as regarding spill response procedures that are used to handle and clean up hazardous material and oil spills.
Perform preventive maintenance under a recurring work program.
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Stormwater falling on the Kinder Morgan site infiltrates into the soil or drains to one of three areas of the site. The main tank farm and associate secondary containment berm drain to Outfall 001. Outfall 001 is a stormwater outfall valve/lock that is evaluated for the presence of any non-water substances prior to being released to the Elizabeth River. All other industrial activities at the site drain to Outfall 002. Outfall 002 is a drain box on the southeast portion of the site. Once the drain lock is full, it is evaluated for the presence of any non-water substances and then released to the nearby ditch. Should any nonstormwater substances be noticed at either outfall, they will be properly cleaned up/disposed of the nonstormwater substances before releasing any stormwater. The last area of the site is the office building and parking area for which stormwater stays on site on the southern portion of the site near the corner of Lansing Street and Indian River Road. All stormwater in this area is expected to remain onsite. Since this area contains no industrial activities, it is not subject to the General Permit requirements or this SWPPP.
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Page 14 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
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Storm water runoff from construction activities can have a significant impact on water quality, contributing sediment and other pollutants exposed at construction sites. Erosion and sediment control practices reduce conveyance of sediment into downstream watercourses. All projects undertaken at this terminal that disturb soil and have the potential to impact waters of the state must implement the appropriate sedimentation and erosion control measures.
Construction projects require a sediment and erosion control plan. In addition, the VPDES Storm water Program requires operators of construction sites of greater than one acre to obtain authorization to discharge storm water under a VPDES construction storm water permit. Construction projects requiring a permit must file a Notice of Intent (NOI) to obtain coverage under the general construction permit prior to start of construction and a Notice of Termination (NOT) after construction activities are completed.
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The following are authorized non-stormwater discharges: Discharges from firefighting activities Potable water including water line flushings Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gasses or liquids Irrigation drainage Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling Pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed) Routine external building wash down which does not use detergents Uncontaminated ground water or spring water Foundation or footing drains where flows are not contaminated with process materials such as solvents Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but NOT intentional discharges from the cooling tower
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Routine visual inspections will be conducted of all areas of the terminal where industrial materials or activities are exposed to storm water, and of all storm water control measures used to comply with the effluent limits contained in this permit. These source areas are identified on the "Industrial Activities Area Summary."
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TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
These terminal inspections will be conducted at least quarterly (i.e., once each calendar quarter). However, if deemed appropriate, more frequent inspection (e.g., monthly) may be necessary for some types of equipment, processes, and control measures or areas of the terminal with significant activities and materials exposed to storm water. These routine inspections are performed by qualified personnel and/or with at least one member of SWPPT participating. Each shop has a designated SWPPT member who will conduct the inspection, with assistance from the EHS or other shop personnel as needed. At least once each calendar year, the routine terminal inspection will be conducted during a period when a storm water discharge is occurring coinciding with a rain event.
Implementation of the SWPPP requires visual inspections of potential pollutant sources, and management measures to identify risks that may increase the likelihood of pollutants in storm water. The following steps shall be taken in implementing the inspection program at this terminal.
Identify organizations responsible to perform visual inspections on a routine schedule;
Keep an up-to-date inspection log; and
Track results of inspections to ensure that appropriate actions are being used to reduce storm water pollution.
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A Storm Water Routine Inspection Report will be filled out each time an evaluation is performed and maintained onsite by the SWPPT Member. A copy of a blank form 1207.007 Storm Water Industrial Routine Terminal Inspection is included in the 1207 Forms Folder. As required by the General Permit, the inspection form incorporates a follow-up procedure to ensure that the inspection results are responded to appropriately.
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Once each quarter for the entire permit term, the terminal will collect a storm water sample from each outfall and conduct a visual assessment of each of these samples. These samples should be collected in such a manner that the samples are representative of the storm water discharge.
The visual assessment must be made: Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit area. Example of permit requirements: On samples collected within the first 30 minutes of an actual discharge from a storm event. If it is not possible to collect the sample within the first 30 minutes of discharge, the sample must be collected as soon as practicable after the first 30 minutes and it will be documented why it was not possible to take samples within the first 30 minutes.
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4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
Page 16 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
The terminal SWPPT member and/or EHS will visually inspect the sample for the following water quality characteristics and report it on MSGP Quarterly Visual Assessment Form 1207.005 containing this information:
Color
Settled solids
Odor
Suspended solids
Clarity
Foam
Floating Solids
Oil Sheen
Other obvious indicators of storm water pollution
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Terminal will document the results of visual assessments and maintain this documentation onsite with this SWPPP. The visual assessment findings are not required to be submitted to EPA, unless specifically requested to do so.
When adverse weather conditions prevent the collection of samples during the quarter, a substitute sample must be collected during the next qualifying storm event. Documentation of the rationale for no visual assessment for the quarter must be included with SWPPP records. Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, hurricanes, tornados, extreme high winds, or electrical storms, or situations that otherwise make sampling impractical, such as drought.
A form for documenting deviations from the assessment or monitoring schedule is included in the 1207.008 Forms folder. It may be used to describe any deviations from the schedule for visual assessments and/or monitoring, and the reason for the deviations (e.g., adverse weather or it was impracticable to collect samples within the first 30 minutes of a measurable storm event).
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Comprehensive site inspections are no longer required under the general permit.
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The SWPPT will review and evaluate any storm water sampling data collected in accordance with permits and state regulatory agencies to identify any potential trends in compliance.
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
Page 17 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
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As noted in the previous section, the VPDES general permit does not require a comprehensive site compliance evaluation be conducted annually.
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In accordance with the VPDES permit, the SWPPP will be revised if any of the following conditions occur:
Whenever there is a change in design, construction, operation, or maintenance which creates a potential for the discharge of pollutants to the waters.
If the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity.
If a release of a hazardous substance or oil occurs at the terminal. If a release occurs, the SWPPP will be modified within 60 days of knowledge of the release. Appendix 4 will be amended to include a description of the release, the circumstances leading to the release, and the date of the release. In addition, the plan shall be reviewed and modified, if appropriate, to include BMPs to prevent a reoccurrence of a similar release.
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Specific reporting requirements contained in the VPDES Permit. Spills will be reported and documented in accordance with the terminal's SPCC plan.
Site records pertaining to pollution prevention will be maintained by terminal personnel to maintain a history and to track the effectiveness of pollution prevention and waste minimization practices.
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Records for activities associated with storm water pollution prevention will be maintained with the SWPPP. Routine inspections will be documented to ensure good housekeeping and maintenance are conducted and to promote detection of any potential problems. Records of these inspections will be maintained onsite with the SWPPP. All records must be made available the VADEQ if requested. The following is a summary of the records to be maintained to illustrate compliance with this SWPPP:
Quarterly Terminal Inspections - Visual inspections of the terminal and BMPs are required to be completed on a quarterly basis. A Storm Water Industrial Quarterly Routine Terminal Inspection Form 1207.007 is included in Appendix 5 of the SWPPP Binder.
Quarterly Visual Examination of Storm Water Discharges - Visual examination of the storm water discharge is to be completed on a quarterly basis (Section 3.3.2). MSGP Quarterly Visual Assessment Forms 1207.005 are included in Appendix 3 of the SWPPP Binder.
Personnel Training Records - Terminal personnel are required to receive training on storm water pollution prevention on a regular basis (Section 6.0). Training records will be maintained in accordance with T-O&M 7100 Training Record Keeping in the employee files.
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4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus Page 18 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
Sampling Results - Results of storm water analyses should be retained onsite.
Maintenance Records - Include in documentation of maintenance and repairs of control measures and industrial equipment, including:
the control measure/equipment maintained, date(s) of regular maintenance, date(s) of discovery of areas in need of repair/replacement, and for repairs, date(s) that the control measure/equipment was returned to full function, and the justification for any extended maintenance/repair schedules Also provide information to document maintenance activities for each control measure and industrial equipment that could have a potential to impact storm water.
Recordkeeping forms for preventive maintenance is maintained in the Maximo system.
An inventory is maintained of Hazardous Materials/Wastes management, including materials stored at the terminal and the offsite disposal of wastes. These documents are maintained on site.
Records of spills, leaks, and other discharges and records of inspections and maintenance activities will be retained in accordance with the permit.
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The VPDES permit requires that permitted facilities implement an employee training program to address storm water pollution prevention. The objective of the program is to inform personnel at all levels of responsibility of the goals and components of the SWPPP. Effective management of storm water pollution requires all terminal employees to be aware of conditions that may cause pollution. In addition, proper operation of water quality BMPs by all employees is essential for the success of the SWPPP.
The SWPPT is responsible for ensuring that all managers and supervisors understand the components of the SWPPP, how it will be implemented, and their role in contributing to the effectiveness of storm water control measures.
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At a minimum, SWPPP training will be conducted annually. The SWPPP information will also be reviewed with all new employees during initiation training. Storm water pollution prevention training is integrated into the periodic and ongoing training programs conducted by KMT.
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Detailed training will be conducted for all personnel who are responsible for implementing the duties set forth in this SWPPP and will include both an introduction to the SWPPP to set forth the goals of the SWPPP and the responsibilities for carrying out specific duties.
Do The Right Thing Every Day 1) Safety Will Not Be Compromised 2) Environmentally Compliant and Responsible Operator 3) Ethics and Integrity
4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
Page 19 of 20
TERMINALS O&M PROCEDURE
No.: 1207.001 Title: Storm Water Pollution Protection Plan for Norfolk Terminal Issue Date: 07/11/2013 Revision Date: 11-08-19 Revision No.:5
The following subjects to be addressed in the training program include, but are not limited to: Objectives and requirements of the SWPPP Spill prevention, response, control, and reporting procedures Good housekeeping practices Fueling procedures Used battery management Routine inspections Used oil management VPDES Permit specific training
If at any time deficiencies are noted with the site, BMP's or SWPPP, the SWPPT will make improvements as necessary to the training program to promote employee awareness and accountability.
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4) Commitment to Employees and Resources 5) Customer Service and Fiscal Responsibility 6) Quality Focus
Page 20 of 20
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report Exhibit Log
Exhibit 2 Electronic Discharge Monitoring Reports (eDMR) data from
2019 - 2021
Unique Project Identifier:3E22WN026A
Inspection Date: November 16, 2021
NPDES ID
Facility Name
VAR052316 VAR052316 VAR052316 VAR052316 VAR052316 VAR052316 VAR052316 VAR052316
KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL KINDER MORGAN NORFOLK TERMINAL
Latitude in Decimal Degrees 36.837147
36.837147
36.837147
36.837147
36.837147
36.837147
36.837147
36.837147
Longitude in Decimal Degrees
-76.272762
Mon. Period End Date
06/30/2021
-76.272762 06/30/2021
-76.272762 12/31/2020
-76.272762 12/31/2020
-76.272762 06/30/2020
-76.272762 06/30/2020
-76.272762 12/31/2019
-76.272762 12/31/2019
Limit Set
Parameter
001-S1 002-S1 001-S1 002-S1 001-S1 002-S1 001-S1 002-S1
Solids, total suspended
Solids, total suspended
Solids, total suspended
Solids, total suspended
Solids, total suspended
Solids, total suspended
Solids, total suspended
Solids, total suspended
Concentration 3
Concentration
DMR
Units
Received Date
258.4
mg/L
7/9/2021
113.2
mg/L
7/9/2021
4.8
mg/L
12/4/2020
68.7
mg/L
12/4/2020
2
mg/L
3/4/2020
11.8
mg/L
3/4/2020
43.1
mg/L
12/9/2019
6.8
mg/L
12/9/2019
Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report Exhibit Log
Exhibit 3 Facility SWPPP
Map
Unique Project Identifier:3E22WN026A
Inspection Date: November 16, 2021
ABOVE GROUND PIPE RACK TO TRUCK LOAD ING AREA
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TEMPORARY DRUM STORAGE
ABOVE GROUND PIPE RACK TO TRUCK LOAD ING AREA
275-GAL DIESEL TANK
500-GAL THERMAL OIL TANK CONTAINMENT 10,000-GAL DIESEL TANK
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discharges from fire fig hting activities; -Terminal wide
fi re hydrant fl ushings;
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potable water including water line fl ushings;
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pavement wash waters where no detergents are used and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed}; routine external building wash down which does not use detergents;
uncontaminated ground water or spring water; -Terminal wide
Revised: 02/23/ l 7
NOT ES :
a. Size of property: 11 .5 acres b. All structures are shown on the above map. Other than building
roofs, the site has no impervious surfaces. c. The above aerial shows all storrnwater conveyances and the
direction of stormwater flow. d. All structural and source control BMPs are shown above (as
appropriate). e. The surface water bodies are shown above. The site boundary
contains no wetlands. f. No sign ificant spi lls or leaks in last three years. g. There are no on site storage piles containing salt used for
deicing or other commercia l or industrial purposes. h. No runon from adjacent properties is expected and therefore,
no significant quantities of poll utants are expected from runon.
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OUTFALL 001 DRAINAGE AREA
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y-i_\___1;n . 1 STORMWATER NON-I NDUSTRIAL
DRAINAGE AREA
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TRANSFORMER STORMWATER FLOW DIRECTION
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Kinder Morgan Norfolk Terminal (VAR052316) Industrial Stormwater Report Appendix C
Appendix C NPDES Permit No. VAR052316 and Sector AF
Requirements
Unique Project Identifier:3E22WN026A
Inspection Date: November 16, 2021
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
General Permit Registration No.: VAR052316 Effective Date: July 1, 2019
Expiration Date: June 30, 2024
VPDES GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of facilities with stormwater discharges associated with industrial activity are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulation that prohibit such discharges. The authorized discharge shall be in accordance with this cover page, the registration statement, Part IEffluent Limitations, Monitoring Requirements and Special Conditions, Part II-Conditions Applicable to All VPDES Permits, Part III-Stormwater Pollution Prevention Plan, and Part IV-Sector-Specific Permit Requirements, as set forth in this general permit.
VAR052316 Part I
Page 1 of 16
Part I. Effluent Limitations, Monitoring Requirements and Special Conditions
A. Effluent limitations and monitoring requirements.
There are four individual and separate categories of monitoring requirements that a facility may be subject to under this permit: (i) quarterly visual monitoring; (ii) benchmark monitoring of discharges associated with specific industrial activities; (iii) compliance monitoring for discharges subject to numerical effluent limitations; and (iv) monitoring of discharges to impaired waters, both those with an approved TMDL and those without an approved TMDL. The monitoring requirements and numeric effluent limitations applicable to a facility depend on the types of industrial activities generating stormwater runoff from the facility, and for TMDL monitoring, the location of the facility's discharge or discharges. Part IV of the permit (9VAC25-151-90 et seq.) identifies monitoring requirements applicable to specific sectors of industrial activity. The permittee shall review Part I A 1 and Part IV of the permit to determine which monitoring requirements and numeric limitations apply to his facility. Unless otherwise specified, limitations and monitoring requirements under Part I A 1 and Part IV are additive.
Sector-specific monitoring requirements and limitations are applied discharge by discharge at facilities with colocated activities. Where stormwater from the colocated activities are commingled, the monitoring requirements and limitations are additive. Where more than one numeric limitation for a specific parameter applies to a discharge, compliance with the more restrictive limitation is required. Where benchmark, numerical effluent limitations, or TMDL monitoring requirements for a monitoring period overlap, the permittee may use a single sample to satisfy monitoring requirements.
1. Types of monitoring requirements and limitations. a. Quarterly visual monitoring. The requirements and procedures for quarterly visual monitoring are applicable to all facilities covered under this permit, regardless of the facility's sector of industrial activity. (1) The permittee shall perform and document a quarterly visual examination of a stormwater discharge associated with industrial activity from each outfall, except discharges exempted in Part I A 3 or Part I A 4. The examinations shall be made at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December. The visual examination shall be made during normal working hours, where practicable, and when considerations for safety and feasibility allow. If no storm event resulted in runoff from the facility during a monitoring quarter, the permittee is excused from visual monitoring for that quarter provided that documentation is included with the monitoring records indicating that no runoff occurred. The documentation shall be signed and certified in accordance with Part II K of this permit. (2) Samples shall be collected in accordance with Part I A 2. Sample examination shall document observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution. The visual examination of the sample shall be conducted in a well-lit area. No analytical tests are required to be performed on the samples. (3) The visual examination reports shall be maintained on-site with the SWPPP. The report shall include the outfall location, the examination date and time, examination personnel, the nature of the discharge (i.e., runoff or snow melt), visual quality of the stormwater discharge (including observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stormwater pollution), and probable sources of any observed stormwater contamination.
VAR052316 Part I
Page 2 of 16
b. Benchmark monitoring of discharges associated with specific industrial activities.
Table 70-1 identifies the specific industrial sectors subject to the benchmark monitoring requirements of this permit and the industry-specific pollutants of concern. The permittee shall refer to the tables found in the individual sectors in Part IV (9VAC25-151-90 et seq.) for benchmark monitoring concentration values. Colocated industrial activities at the facility that are described in more than one sector in Part IV shall comply with all applicable benchmark monitoring requirements from each sector.
The results of benchmark monitoring are primarily for the permittee to use to determine the overall effectiveness of the SWPPP in controlling the discharge of pollutants to receiving waters. Benchmark concentration values, included in Part IV of this permit, are not effluent limitations. Exceedance of a benchmark concentration does not constitute a violation of this permit and does not indicate that violation of a water quality standard has occurred; however, it does signal that modifications to the SWPPP are necessary, unless justification is provided in a routine facility inspection. In addition, exceedance of benchmark concentrations may identify facilities that would be more appropriately covered under an individual, or alternative general permit where more specific pollution prevention controls could be required.
TABLE 70-1 INDUSTRIAL SECTORS SUBJECT TO BENCHMARK MONITORING
Industry Sector1 SIC Code or Activity Code
Benchmark Monitoring Parameters
AF
4011, 4013, 4111-4173,
TSS.
4212-4231, 4311, 5171
1 Table does not include parameters for compliance monitoring under effluent limitations guidelines.
(1) Benchmark monitoring shall be performed for all benchmark parameters specified for the industrial sector or sectors applicable to a facility's discharge. Monitoring shall be performed at least once during each of the first four, and potentially all, monitoring periods after coverage under the permit begins. Monitoring commences with the first full monitoring period after the owner is granted coverage under the permit. Monitoring periods are specified in Part I A 2.
Depending on the results of four consecutive monitoring periods, benchmark monitoring may not be required to be conducted in subsequent monitoring periods (see Part I A 1 b (2)).
(2) Benchmark monitoring waivers for facilities testing below benchmark concentration values. Waivers from benchmark monitoring are available to facilities whose discharges are below benchmark concentration values on an outfall by outfall basis. Sector-specific benchmark monitoring is not required to be conducted in subsequent monitoring periods during the term of this permit provided: (a) Samples were collected in four consecutive monitoring periods, and the average of the four samples for all parameters at the outfall is below the applicable benchmark concentration value in Part IV. Facilities that were covered under the 2014 industrial stormwater general permit may use sampling data from the last two monitoring periods of that permit and the first two monitoring periods of this permit to satisfy the four consecutive monitoring periods requirement;
VAR052316 Part I
Page 3 of 16
(b) The facility is not subject to a numeric effluent limitation established in Part I A 1 c (1) (stormwater effluent limitations), Part I A 1 c (2) (coal pile runoff), or Part IV (Sector Specific Permit Requirements) for any of the parameters at that outfall; and
(c) A waiver request is submitted to and approved by the board. The waiver request shall be sent to the appropriate DEQ regional office, along with the supporting monitoring data for four consecutive monitoring periods, and a certification that, based on current potential pollutant sources and control measures used, discharges from the facility are reasonably expected to be essentially the same (or cleaner) compared to when the benchmark monitoring for the four consecutive monitoring periods was done.
Waiver requests will be evaluated by the board based upon (i) benchmark monitoring results below the benchmark concentration values; (ii) a favorable compliance history (including inspection results); and (iii) no outstanding enforcement actions.
The monitoring waiver may be revoked by the board for cause. The permittee will be notified in writing that the monitoring waiver is revoked, and that the benchmark monitoring requirements are again in force and will remain in effect until the permit's expiration date. (3) Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C and retained in accordance with Part II B. c. Compliance monitoring for discharges subject to numerical effluent limitations or discharges to impaired waters. (1) Facilities subject to stormwater effluent limitation guidelines. (a) Facilities subject to stormwater effluent limitation guidelines (see Table 70-2) are required to monitor such discharges to evaluate compliance with numerical effluent limitations. Industry-specific numerical limitations and compliance monitoring requirements are described in Part IV of the permit (9VAC25-151-90 et seq.). Permittees with colocated industrial activities at the facility that are described in more than one sector in Part IV shall comply on a discharge-by-discharge basis with all applicable effluent limitations from each sector. (b) Permittees shall monitor the discharges for the presence of the pollutant subject to the effluent limitation at least once during each of the monitoring periods after coverage under the permit begins. Monitoring commences with the first full monitoring period after the owner is granted coverage under the permit. Monitoring periods are specified in Part I A 2. The substantially identical outfall monitoring provisions (Part I A 2 f) are not available for numeric effluent limits monitoring. (c) Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B.
TABLE 70-2 STORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES
Effluent Limitation Guidelines Are Not Applicable to Sector AF
(2) Facilities subject to coal pile runoff monitoring. (a) Facilities with discharges of stormwater from coal storage piles shall comply with the limitations and monitoring requirements of Table 70-3 for all discharges containing the coal pile runoff, regardless of the facility's sector of industrial activity.
VAR052316 Part I
Page 4 of 16
(b) Permittees shall monitor such stormwater discharges at least once during each of the monitoring periods after coverage under the permit begins. Monitoring commences with the first full monitoring period after the owner is granted coverage under the permit. Monitoring periods are specified in Part I A 2. The substantially identical outfall monitoring provisions (Part I A 2 f) are not available for coal pile numeric effluent limits monitoring.
(c) The coal pile runoff shall not be diluted with other stormwater or other flows in order to meet this limitation.
(d) If a facility is designed, constructed and operated to treat the volume of coal pile runoff that is associated with a 10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is not subject to the 50 mg/L limitation for total suspended solids.
(e) Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B.
TABLE 70-3
NUMERIC LIMITATIONS FOR COAL PILE RUNOFF
Monitoring
Parameter
Limit
Frequency
Total Suspended Solids (TSS)
50 mg/l, max.
1/6 months
pH
6.0 min. - 9.0 max.
1/6 months
Sample Type Grab Grab
(3) Facilities discharging to an impaired water with an approved TMDL wasteload allocation. Owners of facilities that are a source of the specified pollutant of concern to waters for which a TMDL wasteload allocation has been approved prior to the term of this permit will be notified as such by the department when they are approved for coverage under the general permit. (a) Upon written notification from the department, facilities subject to TMDL wasteload allocations shall be required to monitor such discharges to evaluate compliance with the TMDL requirements. (b) Permittees shall monitor the discharges for the pollutant subject to the TMDL wasteload allocation once every six months after coverage under the permit begins, unless otherwise determined by the department for polychlorinated biphenyls (PCBs). Monitoring commences with the first full monitoring period after the owner is granted coverage under the permit. Monitoring periods are specified in Part I A 2. (c) Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B. (d) If the pollutant subject to the TMDL wasteload allocation is below the quantitation level in all of the samples from the first four monitoring periods (i.e., the first two years of coverage under the permit), the permittee may request to the board in writing that further sampling be discontinued, unless the TMDL has specific instructions to the contrary (in which case those instructions shall be followed). The laboratory certificate of analysis shall be submitted with the request. If approved, documentation of this shall be kept with the SWPPP.
If the pollutant subject to the TMDL wasteload allocation is above the quantitation level in any of the samples from the first four monitoring periods, the permittee shall continue the scheduled TMDL monitoring throughout the term of the permit.
VAR052316 Part I
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(4) Facilities discharging to an impaired water without an approved TMDL wasteload allocation. Owners of facilities that discharge to waters listed as impaired in the 2016 Final 305(b)/303(d) Water Quality Assessment Integrated Report, and for which a TMDL wasteload allocation has not been approved prior to the term of this permit, will be notified as such by the department when they are approved for coverage under the general permit. (a) Upon written notification from the department, facilities discharging to an impaired water without an approved TMDL wasteload allocation shall be required to monitor such discharges for the pollutants that caused the impairment. (b) Permittees shall monitor the discharges for all pollutants for which the waterbody is impaired, and for which a standard analytical method exists, at least once during each of the monitoring periods after coverage under the permit begins. Monitoring commences with the first full monitoring period after the owner is granted coverage under the permit. Monitoring periods are specified in Part I A 2. (c) If the pollutant for which the waterbody is impaired is suspended solids, turbidity, or sediment, or sedimentation, monitor for total suspended solids (TSS). If the pollutant for which the waterbody is impaired is expressed in the form of an indicator or surrogate pollutant, monitor for that indicator or surrogate pollutant. No monitoring is required when a waterbody's biological communities are impaired but no pollutant, including indicator or surrogate pollutants, is specified as causing the impairment, or when a waterbody's impairment is related to hydrologic modifications, impaired hydrology, or temperature.
Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B.
(d) If the pollutant for which the water is impaired is below the quantitation level in the discharges from the facility, or it is above the quantitation level but its presence is caused solely by natural background sources, the permittee may request to the board in writing that further impaired water monitoring be discontinued. The laboratory certificate of analysis shall be submitted with the request. If approved, documentation of this shall be kept with the SWPPP.
To support a determination that the pollutant's presence is caused solely by natural background sources, the following documentation shall be submitted with the request and kept with the SWPPP: (i) an explanation of why it is believed that the presence of the impairment pollutant in the facility's discharge is not related to the activities at the facility; and (ii) data or studies that tie the presence of the impairment pollutant in the facility's discharge to natural background sources in the watershed. Natural background pollutants include those substances that are naturally occurring in soils or groundwater. Natural background pollutants do not include legacy pollutants from earlier activity at the facility's site, or pollutants in run-on from neighboring sources that are not naturally occurring.
2. Monitoring instructions. a. Collection and analysis of samples. Sampling requirements shall be assessed on an outfall by outfall basis. Samples shall be collected and analyzed in accordance with the requirements of Part II A.
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b. When and how to sample. A minimum of one grab sample shall be taken from the discharge associated with industrial activity resulting from a storm event that results in a discharge from the site (defined as a "measurable storm event"), providing the interval from the preceding measurable storm event is at least 72 hours. The 72-hour storm interval is waived if the permittee is able to document that less than a 72-hour interval is representative for local storm events during the sampling period. In the case of snowmelt, the monitoring shall be performed at a time when a measurable discharge occurs at the site. For discharges from a stormwater management structure, the monitoring shall be performed at a time when a measurable discharge occurs from the structure.
The grab sample shall be taken during the first 30 minutes of the discharge. If it is not practicable to take the sample during the first 30 minutes, the sample may be taken during the first three hours of the discharge, provided that the permittee explains why a grab sample during the first 30 minutes was impracticable. This information shall be submitted in the department's electronic discharge monitoring report (e-DMR) system, and maintained with the SWPPP. If the sampled discharge commingles with process or nonprocess water, the permittee shall attempt to sample the stormwater discharge before it mixes with the nonstormwater.
c. Storm event data. For each monitoring event (except snowmelt monitoring), along with the monitoring results, the permittee shall identify the date and duration (in hours) of the storm events sampled; rainfall total (in inches) of the storm event that generated the sampled runoff; and the duration between the storm event sampled and the end of the previous measurable storm event. For snowmelt monitoring, the permittee shall identify the date of the sampling event.
d. Monitoring periods. (1) Quarterly visual monitoring. The quarterly visual examinations shall be made at least once in each of the following three-month periods each year of permit coverage: January through March, April through June, July through September, and October through December. (2) Benchmark monitoring, effluent limitation monitoring, and impaired waters monitoring (for waters both with and without an approved TMDL). Monitoring shall be conducted at least once in each of the following semiannual periods each year of permit coverage: January through June, and July through December.
e. Documentation explaining a facility's inability to obtain a sample (including dates and times the outfalls were viewed or sampling was attempted), of no rain event, or of deviation from the "measurable" storm event requirements shall be maintained with the SWPPP. Acceptable documentation includes National Climatic Data Center (NCDC) weather station data, local weather station data, facility rainfall logs, and other appropriate supporting data.
f. Representative outfalls - substantially identical discharges. If the facility has two or more outfalls that discharge substantially identical effluents, based on similarities of the industrial activities, significant materials, size of drainage areas, and stormwater management practices occurring within the drainage areas of the outfalls, frequency of discharges, and stormwater management practices occurring within the drainage areas of the outfalls, the permittee may conduct monitoring on the effluent of just one of the outfalls and report that the observations also apply to the substantially identical outfall or outfalls. The substantially identical outfall monitoring provisions apply to quarterly visual monitoring, benchmark monitoring, and impaired waters monitoring (both those with and without an approved TMDL). The substantially identical outfall monitoring provisions are not available for numeric effluent limits monitoring.
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The permittee shall include the following information in the SWPPP: (1) The locations of the outfalls; (2) An evaluation, including available monitoring data, indicating the outfalls are expected to
discharge substantially identical effluents, including evaluation of monitoring data where available; and (3) An estimate of the size of each outfall's drainage area in acres.
3. Adverse climatic conditions waiver. When adverse weather conditions prevent the collection of samples, a substitute sample may be taken during a qualifying storm event in the next monitoring period. Adverse weather conditions are those that are dangerous or create inaccessibility for personnel, and may include such things as local flooding, high winds, electrical storms, or situations that otherwise make sampling impracticable, such as drought or extended frozen conditions. Unless specifically stated otherwise, this waiver may be applied to any monitoring required under this permit. Narrative documentation of conditions necessitating the use of the waiver shall be kept with the SWPPP.
4. Inactive and unstaffed sites (including temporarily inactive sites). a. A waiver of the quarterly visual monitoring, routine facility inspections, and monitoring requirements (including benchmark, effluent limitation, and impaired waters monitoring) may be granted by the board at a facility that is both inactive and unstaffed, as long as the facility remains inactive and unstaffed and there are no industrial materials or activities exposed to stormwater. The owner of such a facility is only required to conduct an annual routine site inspection in accordance with the requirements in Part III B 5. b. An inactive and unstaffed sites waiver request shall be submitted to the board for approval and shall include the name of the facility; the facility's VPDES general permit registration number; a contact person, phone number and email address; the reason for the request; and the date the facility became or will become inactive and unstaffed. The waiver request shall be signed and certified in accordance with Part II K. If this waiver is granted, a copy of the request and the board's written approval of the waiver shall be maintained with the SWPPP. c. If circumstances change and industrial materials or activities become exposed to stormwater, or the facility becomes either active or staffed, the permittee shall notify the department within 30 days, and all quarterly visual monitoring, routine facility inspections, and monitoring requirements shall be resumed immediately. d. The board retains the right to revoke this waiver when it is determined that the discharge is causing, has a reasonable potential to cause, or contributes to a water quality standards violation. e. Inactive and unstaffed facilities covered under Sector G (Metal Mining) and Sector H (Coal Mines and Coal Mining-Related Facilities) are not required to meet the "no industrial materials or activities exposed to stormwater" standard to be eligible for this waiver, consistent with the conditional exemption requirements established in Part IV Sector G and Part IV Sector H.
5. Reporting monitoring results. a. Reporting to the department. The permittee shall follow the reporting requirements and deadlines below for the types of monitoring that apply to the facility:
TABLE 70-4
MONITORING REPORTING REQUIREMENTS
Semiannual Monitoring
Submit the results by January 10 and by July 10.
Quarterly Visual Monitoring Retain results with SWPPP - do not submit unless
requested to do so by the department.
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Permittees shall submit results for each outfall associated with industrial activity according to the requirements of Part II C. b. Significant digits. The permittee shall report at least the same number of significant digits as a numeric effluent limitation or TMDL wasteload allocation for a given parameter; otherwise, at least two significant digits shall be reported for a given parameter. Regardless of the rounding convention used by the permittee (i.e., five always rounding up or to the nearest even number), the permittee shall use the convention consistently and shall ensure that consulting laboratories employed by the permittee use the same convention.
6. Corrective actions. a. Data exceeding benchmark concentration values. (1) If the benchmark monitoring result exceeds the benchmark concentration value for that parameter, the permittee shall review the SWPPP and modify it as necessary to address any deficiencies that caused the exceedance. Revisions to the SWPPP shall be completed within 60 days after an exceedance is discovered. When control measures need to be modified or added (distinct from regular preventive maintenance of existing control measures described in Part III C), implementation shall be completed before the next anticipated storm event if possible, but no later than 60 days after the exceedance is discovered, or as otherwise provided or approved by the department. In cases where construction is necessary to implement control measures, the permittee shall include a schedule in the SWPPP that provides for the completion of the control measures as expeditiously as practicable, but no later than three years after the exceedance is discovered. Where a construction compliance schedule is included in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary controls to be implemented in the affected portions of the facility prior to completion of the permanent control measure. Any control measure modifications shall be documented and dated, and retained with the SWPPP, along with the amount of time taken to modify the applicable control measures or implement additional control measures. (2) Natural background pollutant levels. If the concentration of a pollutant exceeds a benchmark concentration value, and the permittee determines that exceedance of the benchmark is attributable solely to the presence of that pollutant in the natural background, corrective action is not required provided that: (a) The concentration of the benchmark monitoring result is less than or equal to the concentration of that pollutant in the natural background; (b) The permittee documents and maintains with the SWPPP the supporting rationale for concluding that benchmark exceedances are in fact attributable solely to natural background pollutant levels. The supporting rationale shall include any data previously collected by the facility or others (including literature studies) that describe the levels of natural background pollutants in the facility's stormwater discharges; and (c) The permittee notifies the department on the benchmark monitoring DMR that the benchmark exceedances are attributable solely to natural background pollutant levels.
Natural background pollutants include those substances that are naturally occurring in soils or groundwater. Natural background pollutants do not include legacy pollutants from earlier activity on the facility's site, or pollutants in run-on from neighboring sources that are not naturally occurring. b. Corrective actions. The permittee shall take corrective action whenever: (1) Routine facility inspections, inspections by local, state or federal officials, or any other process, observation or event result in a determination that modifications to the stormwater control measures are necessary to meet the permit requirements;
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(2) There is any exceedance of an effluent limitation (including coal pile runoff), TMDL wasteload allocation, or a reduction required by a local ordinance established by a municipality to meet Chesapeake Bay TMDL requirements; or
(3) The department determines, or the permittee becomes aware, that the stormwater control measures are not stringent enough for the discharge to meet applicable water quality standards.
The permittee shall review the SWPPP and modify it as necessary to address any deficiencies. Revisions to the SWPPP shall be completed within 60 days following the discovery of the deficiency. When control measures need to be modified or added (distinct from regular preventive maintenance of existing control measures described in Part III C), implementation shall be completed before the next anticipated storm event if possible, but no later than 60 days after the deficiency is discovered, or as otherwise provided or approved by the department. In cases where construction is necessary to implement control measures, the permittee shall include a schedule in the SWPPP that provides for the completion of the control measures as expeditiously as practicable, but no later than three years after the deficiency is discovered. Where a construction compliance schedule is included in the SWPPP, the SWPPP shall include appropriate nonstructural and temporary controls to be implemented in the affected portion of the facility prior to completion of the permanent control measure. The amount of time taken to modify a control measure or implement additional control measures shall be documented in the SWPPP.
Any corrective actions taken shall be documented and retained with the SWPPP. Reports of corrective actions shall be signed in accordance with Part II K.
c. Follow-up reporting. If at any time monitoring results indicate that discharges from the facility exceed an effluent limitation or a TMDL wasteload allocation, or the department determines that discharges from the facility are causing or contributing to an exceedance of a water quality standard, immediate steps shall be taken to eliminate the exceedances in accordance with the above Part I A 6 b (Corrective actions). Within 30 calendar days of implementing the relevant corrective action, an exceedance report shall be submitted to the department. The following information shall be included in the report: (1) General permit registration number; (2) Facility name and address; (3) Receiving water for each outfall exceeding an effluent limitation of TMDL wasteload allocation; (4) Monitoring data from the event being reported; (5) A narrative description of the situation; (6) A description of actions taken since the event was discovered and steps taken to minimize to the extent feasible pollutants in the discharge; and (7) A local facility contact name, email address, and phone number.
B. Special conditions.
1. Authorized nonstormwater discharges. Except as provided in this section or in Part IV (9VAC25-151-90 et seq.), all discharges covered by this permit shall be composed entirely of stormwater. The following nonstormwater discharges are authorized by this permit: a. Discharges from emergency firefighting activities; b. Fire hydrant flushings, managed in a manner to avoid an instream impact; c. Potable water, including water line flushings, managed in a manner to avoid an instream impact; d. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;
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e. Irrigation drainage; f. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied
in accordance with the approved labeling; g. Routine external building washdown that does not use detergents or hazardous cleaning
products; h. Pavement wash waters where no detergents or hazardous cleaning products are used
and no spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed). Pavement wash waters shall be managed in a manner to avoid an instream impact; i. Uncontaminated groundwater or spring water; j. Foundation or footing drains where flows are not contaminated with process materials; and k. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., "piped" cooling tower blowdown or drains).
All other nonstormwater discharges are not authorized and shall either be eliminated or covered under a separate VPDES permit.
2. Releases of hazardous substances or oil in excess of reportable quantities. The discharge of hazardous substances or oil in the stormwater discharges from the facility shall be prevented or minimized in accordance with the SWPPP for the facility. This permit does not authorize the discharge of hazardous substances or oil resulting from an on-site spill. This permit does not relieve the permittee of the reporting requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 or 62.1-44.34:19 of the Code of Virginia.
Where a release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs during a 24-hour period: a. The permittee is required to notify the department in accordance with the requirements
of Part II G as soon as he has knowledge of the discharge; b. Where a release enters an MS4, the permittee shall also notify the owner of the MS4;
and c. The SWPPP required under Part III shall be reviewed to identify measures to prevent the
reoccurrence of such releases and to respond to such releases, and the SWPPP shall be modified where appropriate.
3. Colocated industrial activity. If the facility has industrial activities occurring on-site which are described by any of the activities in Part IV of the permit (9VAC25-151-90 et seq.), those industrial activities are considered to be colocated industrial activities. Stormwater discharges from colocated industrial activities are authorized by this permit, provided that the permittee complies with any and all additional SWPPP and monitoring requirements from Part IV applicable to that particular colocated industrial activity. The permittee shall be responsible for additional SWPPP and monitoring requirements applicable to the colocated industrial activity by examining the narrative descriptions of all discharges covered under this section.
4. The stormwater discharges authorized by this permit may be combined with other sources of stormwater which are not required to be covered under a VPDES permit, so long as the combined discharge is in compliance with this permit.
5. There shall be no discharge of waste, garbage, or floating debris in other than trace amounts.
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6. Approval for coverage under this general permit does not relieve the permittee of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.
7. Discharges to waters subject to TMDL wasteload allocations. Owners of facilities that are a source of the specified pollutant of concern to waters for which a TMDL wasteload allocation has been approved prior to the term of this permit shall incorporate measures and controls into the SWPPP required by Part III that are consistent with the assumptions and requirements of the TMDL. The department will provide written notification to the owner that a facility is subject to the TMDL requirements. The facility's SWPPP shall specifically address any conditions or requirements included in the TMDL that are applicable to discharges from the facility. If the TMDL establishes a specific numeric wasteload allocation that applies to discharges from the facility, the owner shall perform any required monitoring in accordance with Part I A 1 c (3), and implement control measures designed to meet that allocation.
8. Discharges to waters subject to the Chesapeake Bay TMDL. a. Owners of facilities in the Chesapeake Bay watershed shall monitor their discharges for total suspended solids (TSS), total nitrogen (TN), and total phosphorus (TP) to characterize the contributions from their facility's specific industrial sector for these parameters. Total nitrogen is the sum of total Kjeldahl nitrogen (TKN) and nitrite + nitrate and shall be derived from the results of those tests. After the facility is granted coverage under the permit, samples shall be collected during each of the first four monitoring periods (i.e., the first two years of permit coverage). Monitoring periods are specified in Part I A 2. Samples shall be collected and analyzed in accordance with Part I A 2. Monitoring results shall be reported in accordance with Part I A 5 and Part II C, and retained in accordance with Part II B. b. Facilities that were covered under the 2014 industrial stormwater general permit shall comply with the following: (1) Facilities that submitted a Chesapeake Bay TMDL action plan that was approved by the board during the 2014 industrial stormwater general permit term shall continue to implement the approved Chesapeake Bay TMDL action plan during this permit term. An annual report shall be submitted to the department by June 30 of each year describing the progress in meeting the required reductions unless this reporting requirement is waived by the department in accordance with Part I B 8 g. Monitoring in accordance with Part I B 8 a is not required for these facilities during this permit term. (2) Facilities that completed four samples for TSS, TN, and TP during the 2014 industrial stormwater general permit term shall utilize the procedures in Part I B 8 c (2) to calculate their facility stormwater loads. The permittee shall submit a copy of the calculations and Chesapeake Bay TMDL action plan if required under Part I B 8 f to the department within 60 days of coverage under this general permit. (3) Facilities that did not complete four samples for TSS, TN, and TP during the 2014 industrial stormwater general permit term shall be subject to completing the monitoring requirements in Part I B 8 a beginning with the first full monitoring period after receiving permit coverage. Calculations and a Chesapeake Bay TMDL action plan if required under Part I B 8 f shall be submitted no later than 90 days following the completion of the fourth monitoring period to the DEQ regional office serving the area where the industrial facility is located on a form provided by the department and maintained with the facility's SWPPP. (4) Facilities that monitored for TSS, TN, or TP may use the applicable sampling data collected during the 2014 industrial stormwater general permit term to satisfy all or part of the four monitoring periods requirement in accordance with Part I B 8 a.
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c. Chesapeake Bay TMDL wasteload allocations and Chesapeake Bay TMDL action plans. (1) EPA's Chesapeake Bay TMDL (December 29, 2010) includes wasteload allocations for VPDES permitted industrial stormwater facilities as part of the regulated stormwater aggregate load. EPA used data submitted by Virginia with the Phase I Chesapeake Bay TMDL Watershed Implementation Plan, including the number of industrial stormwater permits per county and the number of urban acres regulated by industrial stormwater permits, as part of their development of the aggregate load. Aggregate loads for industrial stormwater facilities were appropriate because actual facility loading data were not available to develop individual facility wasteload allocations.
Virginia estimated the loadings from industrial stormwater facilities using actual and estimated facility acreage information and TP, TN, and TSS loading rates from the Northern Virginia Planning District Commission (NVPDC) Guidebook for Screening Urban Nonpoint Pollution Management Strategies (Annandale, VA November 1979), prepared for the Metropolitan Washington Council of Governments. The loading rates used were as follows:
TP - High (80%) imperviousness industrial; 1.5 lb/ac/yr TN - High (80%) imperviousness industrial; 12.3 lb/ac/yr TSS - High (80%) imperviousness industrial; 440 lb/ac/yr
The actual facility area information and the TP, TN, and TSS data collected for this permit will be used by the board to quantify the nutrient and sediment loads from VPDES permitted industrial stormwater facilities.
(2) Calculation of facility loads. The permittee shall analyze the nutrient and sediment data collected in accordance with Part I B 8 a and 8 b to determine if pollution reductions are required for this permit term. The permittee shall average the data collected at the facility for each of the pollutants of concern (POC) (e.g., TP, TN, and TSS) and compare the results to the loading rates for TP, TN, and TSS presented in Part I B 8 c (1).
The following formula may be used to determine the loading rate: L = 0.226 x P x Pj x (0.05 + (0.9 x Ia)) x C
where: L = the POC loading rate (lb/acre/year) P = the annual rainfall (inches/year) - The permittee may use either actual annual average rainfall data for the facility location (in inches/year), the Virginia annual average rainfall of 44.3 inches/year, or another method approved by the board. Pj = the fraction of annual events that produce runoff - The permittee shall use 0.9 unless the board approves another rate. Ia = the impervious fraction of the facility impervious area of industrial activity to the facility industrial activity area C = the POC average concentration of all facility samples (mg/L) - Facilities with multiple outfalls shall calculate a weighted average concentration for each outfall using the drainage area of each outfall.
For total phosphorus and total suspended solids, all daily concentration data below the quantitation level (QL) for the analytical method used shall be treated as half the QL. All daily concentration data equal to or above the QL for the analytical method used shall be treated as it is reported.
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For total nitrogen, if none of the daily concentration data for the respective species (i.e., TKN, nitrate, or nitrite) are equal to or above the QL for the respective analytical methods used, the daily TN concentration value reported shall equal one half of the largest QL used for the respective species. If one of the data is equal to or above the QL, the daily TN concentration value shall be treated as that data point is reported. If more than one of the data is above the QL, the daily TN concentration value shall equal the sum of the data points as reported.
d. The permittee shall submit a copy of the calculations to the department within 90 days from the end of the last monitoring period that satisfies the monitoring requirement in Part I B 8 a. Calculations shall be submitted to the DEQ regional office serving the area where the industrial facility is located, on a form provided by the department, and maintained with the facility's SWPPP.
e. Any modification to the facility's industrial acreage or impervious industrial acreage shall require the facility to recalculate facility loading rates. This may require the facility to modify the facility's Chesapeake Bay TMDL action plan or submit a Chesapeake Bay TMDL action plan as appropriate. Any recalculation of facility loading rates or modifications to a Chesapeake Bay TMDL action plan shall be submitted to the department within 90 days of the date on which the permittee completes a site modification. If previous monitoring is no longer representative of the modified facility, monitoring in accordance with Part I B 8 a shall commence within 90 days of the modification and the revised calculations and Chesapeake Bay TMDL action plan if required under Part I B 8 f shall be submitted no later than 90 days following completion of the fourth monitoring period.
f. Chesapeake Bay TMDL action plan requirements. If the calculated facility loading rate for TP, TN, or TSS is above the loading rates for TP, TN, or TSS presented in Part I B 8 c (1), then the permittee shall develop and submit a Chesapeake Bay TMDL action plan to the department.
The Chesapeake Bay TMDL action plan shall be submitted on a form provided by the department to the regional office serving the area where the industrial facility is located within 90 days following the completion of the fourth monitoring period. A copy of the current Chesapeake Bay TMDL action plan and all facility loading rate calculations shall be maintained with the facility's SWPPP. The Chesapeake Bay TMDL action plan shall include: (1) A determination of the total pollutant load reductions for TP, TN, and TSS (as
appropriate) necessary to reduce the annual loads from industrial activities. This shall be determined by multiplying the industrial average times the difference between the TMDL loading rates listed in Part I B 8 c (1) and the actual facility loading rates calculated in accordance with Part I B 8 c (2). The reduction applies to the total difference calculated for each pollutant of concern; (2) The means and methods, such as management practices and retrofit programs, that will be utilized to meet the required reductions determined in Part I B 8 f (1) and a schedule to achieve those reductions by June 30, 2024. The schedule should include annual milestones to demonstrate the ongoing progress in meeting those reductions; and (3) The permittee 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 required reductions. g. A permittee required to develop and implement a Chesapeake Bay TMDL Action Plan shall submit an annual report to the department by June 30 of each year describing the progress in meeting the required reductions.
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h. Chesapeake Bay TMDL action plan annual reporting waiver. Upon implementation of the facility's Chesapeake Bay TMDL action plan, permittees may submit a waiver for the annual reporting requirements. The waiver request shall be submitted for board approval to the DEQ regional office serving the area where the industrial facility is located on a form provided by the department. Annual reporting requirements will be in effect until the permittee receives notice from the department that the waiver has been approved. A copy of the waiver approval shall be maintained with the SWPPP. The waiver may be revoked for cause by the board. A waiver request may be approved by the board once the permittee demonstrates that they have achieved all of the required pollutant reductions calculated under Part I B 8 f (1). Pollutant reductions may be achieved using a combination of the following alternatives: (1) Reductions provided by one or more of the BMPs from the Virginia Stormwater BMP Clearinghouse listed in 9VAC25-870-65, approved BMPs found on the Virginia Stormwater Clearinghouse website, or BMPs approved by the Chesapeake Bay Program. Any BMPs implemented to provide the required pollutant reductions shall be incorporated in the SWPPP and be permanently maintained by the permittee; (2) Implementation of site-specific BMPs followed by a minimum of four stormwater samples collected in accordance with sampling requirements in Part I B 8 a that demonstrate pollutant loadings have been reduced below those calculated under Part I B 8 c. Any BMPs implemented to provide the required pollutant reductions shall be incorporated in the SWPPP and be permanently maintained by the permittee; or (3) Acquisition of nonpoint source credits certified by the board as perpetual in accordance with 62.1-44.19:20 of the Code of Virginia.
9. Discharges through a regulated MS4 to waters subject to the Chesapeake Bay TMDL. In addition to the requirements of this permit, any facility with industrial activity stormwater discharges through a regulated MS4 that is notified by the MS4 operator that the locality has adopted ordinances to meet the Chesapeake Bay TMDL shall incorporate measures and controls into its SWPPP to comply with applicable local TMDL ordinance requirements.
10. Expansion of facilities that discharge to waters subject to the Chesapeake Bay TMDL. Virginia's Phase I Chesapeake Bay TMDL Watershed Implementation Plan (November 29, 2010), states that the wasteloads from any expansion of an existing permitted facility discharging stormwater in the Chesapeake Bay watershed cannot exceed the nutrient and sediment loadings that were discharged from the expanded portion of the land prior to the land being developed for the expanded industrial activity. a. For any industrial activity area expansions (i.e., construction activities, including clearing, grading, and excavation activities) that commence on or after July 1, 2019, (the effective date of this permit), the permittee shall document in the SWPPP the information and calculations used to determine the nutrient and sediment loadings discharged from the expanded land area prior to the land being developed, and the measures and controls that were employed to meet the no net increase of stormwater nutrient and sediment load as a result of the expansion of the industrial activity. Any land disturbance that is exempt from permitting under the VPDES construction stormwater general permit regulation (9VAC25-880) is exempt from this requirement. b. The permittee may use the VSMP water quality design criteria to meet the requirements of Part I B 10 a. Under this criteria, the total phosphorus load shall not exceed the greater of (i) the total phosphorus load that was discharged from the expanded portion of the land prior to the land being developed for the industrial activity or (ii) 0.41 pounds per acre per year. 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 Clearinghouse website.
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c. The permittee 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.
10. Water quality protection. The discharges authorized by this permit shall be controlled as necessary to meet applicable water quality standards. The board expects that compliance with the conditions in this permit will control discharges as necessary to meet applicable water quality standards.
11. Adding or deleting stormwater outfalls. The permittee may add new or delete existing stormwater outfalls at the facility as necessary and appropriate. The permittee shall update the SWPPP and notify the department of all outfall changes within 30 days of the change. The permittee shall submit a copy of the updated SWPPP site map with this notification.
12. Antidegradation requirements for new or increased discharges to high quality waters. Facilities that add new outfalls, or increase their discharges from existing outfalls that discharge directly to high quality waters designated under Virginia's water quality standards antidegradation policy under 9VAC25-260-30 A 2 may be notified by the department that additional control measures, or other permit conditions are necessary to comply with the applicable antidegradation requirements, or may be notified that an individual permit is required in accordance with 9VAC25-31-170 B 3.
13. Termination of permit coverage. a. The owner may terminate coverage under this general permit by filing a complete notice of termination with the department. The notice of termination may be filed after one or more of the following conditions have been met: (1) Operations have ceased at the facility and there are no longer discharges of stormwater associated with industrial activity from the facility; (2) A new owner has assumed responsibility for the facility. A notice of termination does not have to be submitted if a VPDES Change of Ownership Agreement Form has been submitted; (3) All stormwater discharges associated with industrial activity have been covered by an individual VPDES permit; or (4) Termination of coverage is being requested for another reason, provided the board agrees that coverage under this general permit is no longer needed. b. The notice of termination shall contain the following information: (1) Owner's name, mailing address, telephone number, and email address (if available); (2) Facility name and location; (3) VPDES industrial stormwater general permit registration number; (4) The basis for submitting the notice of termination, including: (a) A statement indicating that a new owner has assumed responsibility for the facility; (b) A statement indicating that operations have ceased at the facility, and there are no longer discharges of stormwater associated with industrial activity from the facility; (c) A statement indicating that all stormwater discharges associated with industrial activity have been covered by an individual VPDES permit; or (d) A statement indicating that termination of coverage is being requested for another reason and a description of the reason; and (5) The following certification: "I certify under penalty of law that all stormwater discharges associated with industrial activity from the identified facility that are authorized by this VPDES general permit have been eliminated, or covered under a VPDES individual permit, or that I am no longer the owner of the industrial activity, or permit coverage should be terminated for another reason listed above. I understand
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that by submitting this notice of termination, that I am no longer authorized to discharge stormwater associated with industrial activity in accordance with the general permit, and that discharging pollutants in stormwater associated with industrial activity to surface waters is unlawful where the discharge is not authorized by a VPDES permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit or the Clean Water Act." c. The notice of termination shall be signed in accordance with Part II K. d. The notice of termination shall be submitted to the DEQ regional office serving the area where the industrial facility is located.
Part II. Conditions Applicable To All VPDES Permits
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A. Monitoring.
1. Samples and measurements taken as required by this permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements.
4. Samples taken as required by this permit shall be analyzed in accordance with 1VAC30-45, (Certification for Noncommercial Environmental Laboratories), or 1VAC30-46 (Accreditation for Commercial Environmental Laboratories).
B. Records.
1. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individuals who performed the sampling or measurements; c. The dates and times analyses were performed; d. The individuals who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses.
2. The permittee shall retain copies of the SWPPP, including any modifications made during the term of this permit, records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the registration statement for this permit, for a period of at least three years from the date that coverage under this permit expires or is terminated. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the board.
C. Reporting Monitoring Results.
1. The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to the department's regional office.
2. Monitoring results shall be reported in the department's electronic discharge monitoring report (e-DMR) system. All reports and forms submitted in compliance with this permit shall be submitted electronically by the permittee in accordance with 9VAC25-31-1020.
3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in e-DMR or reporting form specified by the department.
4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.
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D. Duty to Provide Information.
The permittee shall furnish to the Department, within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit or to determine compliance with this permit. The board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from the discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the department upon request, copies of records required to be kept by this permit.
E. Compliance Schedule Reports.
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
F. Unauthorized Discharges.
Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological properties of such state waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses.
G. Reports of Unauthorized Discharges.
Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon state waters in violation of Part II F; or who discharges or causes or allows a discharge that may reasonably be expected to enter state waters in violation of Part II F, shall notify the department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department within five days of discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present
discharge or any future discharges not authorized by this permit.
Discharges reportable to the department under the immediate reporting requirements of other regulations are exempted from this requirement.
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H. Reports of Unusual or Extraordinary Discharges.
If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter state waters, the permittee shall promptly notify, in no case later than 24 hours, the department by telephone after the discovery of the discharge. This notification shall provide all available details of the incident, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the department within five days of discovery of the discharge in accordance with Part II I 1 b. Unusual and extraordinary discharges include any discharge resulting from:
1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature.
I. Reports of Noncompliance.
1. The permittee shall report any noncompliance that may adversely affect state waters or may endanger public health. a. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under Part II I: (1) Any unanticipated bypass; and (2) Any upset which causes a discharge to surface waters. b. A written report shall be submitted within five days and shall contain: (1) A description of the noncompliance and its cause; (2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and (3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case basis for reports of noncompliance under Part II I if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.
2. The permittee shall report all instances of noncompliance not reported under Part II I 1 in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II I 1.
3. The immediate (within 24 hours) reports required in Part II G, H. and I. may be made to the department's regional office. Reports may be made by telephone, FAX, or online at http://www.deq.virginia.gov/Programs/PollutionResponsePreparedness/MakingaReport.aspx. For reports outside normal working hours, a message may be left and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at 1-800-468-8892.
J. Notice of Planned Changes.
1. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:
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(1) After promulgation of standards of performance under 306 of Clean Water Act which are applicable to such source; or
(2) After proposal of standards of performance in accordance with 306 of Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with 306 within 120 days of their proposal;
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or
c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.
2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
K. Signatory Requirements.
1. Registration Statements. All registration statements shall be signed as follows: a. 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 that 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 registration requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other information requested by the board shall be signed by a person described in Part II K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part II K 1; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and c. The written authorization is submitted to the department.
3. Changes to authorization. If an authorization under Part II K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part II K 2 shall be submitted to the department prior to or together with any reports, or information to be signed by an authorized representative.
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4. Certification. Any person signing a document under Part II K 1 or 2 shall make the following 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."
L. Duty to Comply.
The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit coverage termination or denial of a permit coverage renewal.
The permittee shall comply with effluent standards or prohibitions established under 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards even if this permit has not yet been modified to incorporate the requirement.
M. Duty to Reapply.
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall submit a new registration statement at least 60 days before the expiration date of the existing permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing permit.
N. Effect of a Permit.
This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations.
O. State Law.
Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part II U), and "upset" (Part II V) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance.
P. Oil and Hazardous Substance Liability.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
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Q. Proper Operation and Maintenance.
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit.
R. Disposal of Solids or Sludges.
Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering state waters.
S. Duty to Mitigate.
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
T. Need to Halt or Reduce Activity not a Defense.
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
U. Bypass
1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Part II U 2 and 3.
2. Notice a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least 10 days before the date of the bypass. b. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass. a. Bypass is prohibited, and the board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part II U 2. b. The board may approve an anticipated bypass, after considering its adverse effects, if the board determines that it will meet the three conditions listed above in Part II U 3 a.
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V. Upset.
1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II V 2 are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An upset occurred and that the permittee can identify the causes of the upset; b. The permitted facility was at the time being properly operated; c. The permittee submitted notice of the upset as required in Part II I; and d. The permittee complied with any remedial measures required under Part II S.
3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.
W. Inspection and Entry.
The permittee shall allow the director, or an authorized representative, including an authorized contractor acting as a representative of the administrator, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency.
X. Permit Actions.
Permit coverages may be terminated for cause. The filing of a request by the permittee for a permit termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
Y. Transfer of Permits.
1. Permits are not transferable to any person except after notice to the department. 2. Coverage under this permit may be automatically transferred to a new permittee if:
a. The current permittee notifies the department within 30 days of the transfer of the title to the facility or property; unless permission for a later date has been granted by the board;
b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and
c. The board does not notify the existing permittee and the proposed new permittee of its intent to deny the new permittee coverage under the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II Y 2 b.
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Z. Severability.
The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
Part III. Stormwater Pollution Prevention Plan
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A stormwater pollution prevention plan (SWPPP) shall be developed and implemented for the facility covered by this permit. The SWPPP is intended to document the selection, design, and installation of control measures, including BMPs, to minimize the pollutants in all stormwater discharges from the facility, and to meet applicable effluent limitations and water quality standards.
The SWPPP requirements of this general permit may be fulfilled, in part, by incorporating by reference other plans or documents such as a spill prevention control and countermeasure (SPCC) plan developed for the facility under 311 of the Clean Water Act, or best management practices (BMP) programs otherwise required for the facility, provided that the incorporated plan meets or exceeds the plan requirements of Part III B (Contents of the SWPPP). All plans incorporated by reference into the SWPPP become enforceable under this permit. If a plan incorporated by reference does not contain all of the required elements of the SWPPP of Part III B, the permittee shall develop the missing SWPPP elements and include them in the required plan.
A. Deadlines for SWPPP preparation and compliance.
1. Facilities that were covered under the 2014 Industrial Stormwater General Permit. Owners of facilities that were covered under the 2014 Industrial Stormwater General Permit who are continuing coverage under this general permit shall update and implement any revisions to the SWPPP within 90 days of the board granting coverage under this permit.
2. New facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit. Owners of new facilities, facilities previously covered by an expiring individual permit, and existing facilities not currently covered by a VPDES permit who elect to be covered under this general permit shall prepare and implement the SWPPP prior to submitting the registration statement.
3. New owners of existing facilities. Where the owner of an existing facility that is covered by this permit changes, the new owner of the facility shall update and implement any revisions to the SWPPP within 60 days of the ownership change.
4. Extensions. Upon a showing of good cause, the director may establish a later date in writing for the preparation and compliance with the SWPPP.
B. Contents of the SWPPP.
The contents of the SWPPP shall comply with the requirements listed below and those in the appropriate sectors of Part IV (9VAC25-151-90 et seq.). These requirements are cumulative. If a facility has colocated industrial activities that are covered in more than one sector of Part IV, that facility's SWPPP shall comply with the requirements listed in all applicable sectors. The following requirements are applicable to all SWPPPs developed under this general permit. The SWPPP shall include, at a minimum, the following items:
1. Pollution prevention team. The SWPPP shall identify the staff individuals by name or title who comprise the facility's stormwater pollution prevention team. The pollution prevention team is responsible for assisting the facility or plant manager in developing, implementing, maintaining, revising and ensuring compliance with the facility's SWPPP. Specific responsibilities of each staff individual on the team shall be identified and listed.
2. Site description. The SWPPP shall include the following: a. A description of the industrial activities at the facility. b. A site map identifying the following: (1) The boundaries of the property and the size of the property in acres; (2) The location and extent of significant structures and impervious surfaces;
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(3) Locations of all stormwater conveyances, including ditches, pipes, swales, and inlets, and the directions of stormwater flow using arrows to indicate which direction stormwater will flow;
(4) Locations of all stormwater control measures, including BMPs; (5) Locations of all surface water bodies, including wetlands; (6) Locations of potential pollutant sources identified under Part III B 3; (7) Locations where significant spills or leaks identified under Part III B 3 c have occurred; (8) Locations of stormwater outfalls.
(a) An approximate outline of the area draining to each outfall; (b) The drainage area of each outfall in acres; (c) The longitude and latitude of each outfall; (d) The location of any MS4 conveyance receiving discharge from the facility; and (e) Each outfall shall be identified with a unique numerical identification code. For
example: Outfall Number 001, Outfall Number 002, etc.; (9) Location and description of all nonstormwater discharges; (10) Location of any storage piles containing salt; (11) Locations and sources of suspected run-on to the site from an adjacent property if the
run-on is suspected of containing significant quantities of pollutants; and (12) Locations of all stormwater monitoring points. c. Receiving waters and wetlands. The name of all surface waters receiving discharges from the site, including intermittent streams, dry sloughs, and arroyos. Provide a description of wetland sites that may receive discharges from the facility. If the facility discharges through an MS4, identify the MS4 operator, and the receiving water to which the MS4 discharges. 3. Summary of potential pollutant sources. The SWPPP shall identify each separate area at the facility where industrial materials or activities are exposed to stormwater. Industrial materials or activities include material handling equipment or activities, industrial machinery, raw materials, industrial production and processes, intermediate products, byproducts, final products, and waste products. Material handling activities include the storage, loading and unloading, transportation, disposal, or conveyance of any raw material, intermediate product, final product or waste product. For each separate area identified, the description shall include: a. Activities in the area. A list of the industrial activities exposed to stormwater. b. Pollutants. A list of the pollutants, pollutant constituents, or industrial chemicals associated with each industrial activity that could potentially be exposed to stormwater. The pollutant list shall include all significant materials handled, treated, stored or disposed that have been exposed to stormwater in the three years prior to the date this SWPPP was prepared or amended. The list shall include any hazardous substances or oil at the facility. c. Spills and leaks. The SWPPP shall clearly identify areas where potential spills and leaks that can contribute pollutants to stormwater discharges can occur and their corresponding outfalls. The SWPPP shall include a list of significant spills and leaks of toxic or hazardous pollutants that actually occurred at exposed areas, or that drained to a stormwater conveyance during the three-year period prior to the date this SWPPP was prepared or amended. The list shall be updated within 60 days of the incident if significant spills or leaks occur in exposed areas of the facility during the term of the permit. d. Sampling data. The SWPPP shall include stormwater discharge sampling data collected during the previous three years. 4. Stormwater controls. a. Control measures shall be implemented for all the areas identified in Part III B 3 to prevent or control pollutants in stormwater discharges from the facility. Regulated stormwater discharges from the facility include stormwater run-on that commingles with stormwater discharges associated with industrial activity at the facility. The SWPPP shall describe the type, location and implementation of all control measures for each area where industrial materials or activities are exposed to stormwater. Selection of control measures shall take into consideration:
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(1) That preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;
(2) Control measures generally shall be used in combination with each other for most effective water quality protection;
(3) Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective control measures;
(4) That minimizing impervious areas at the facility can reduce runoff and improve groundwater recharge and stream base flows in local streams (however, care must be taken to avoid groundwater contamination);
(5) Flow attenuation by use of open vegetated swales and natural depressions can reduce instream impacts of erosive flows;
(6) Conservation or restoration of riparian buffers will help protect streams from stormwater runoff and improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand filters) may be appropriate in some instances to minimize the discharge of pollutants.
b. Nonnumeric technology-based effluent limits. The permittee shall implement the following types of control measures to prevent and control pollutants in the stormwater discharges from the facility, unless it can be demonstrated and documented that such controls are not relevant to the discharges. (1) Good housekeeping. The permittee shall keep clean all exposed areas of the facility that are potential sources of pollutants to stormwater discharges. The permittee shall perform the following good housekeeping measures to minimize pollutant discharges: (a) The SWPPP shall include a schedule for regular pickup and disposal of waste materials, along with routine inspections for leaks and conditions of drums, tanks, and containers; (b) As feasible, the facility shall sweep or vacuum; (c) Store materials in containers constructed of appropriate materials; (d) Manage all waste containers to prevent a discharge of pollutants; (e) Minimize the potential for waste, garbage, and floatable debris to be discharged by keeping areas exposed to stormwater free of such materials or by intercepting such materials prior to discharge; and (f) Facilities that handle pre-production plastic or plastic waste shall implement BMPs to eliminate stormwater discharges of plastics. (2) Eliminating and minimizing exposure. To the extent practicable, manufacturing, processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance, and fueling operations) shall be located inside, or protected by a storm-resistant covering to prevent exposure to rain, snow, snowmelt, and runoff. Eliminating exposure at all industrial areas may make the facility eligible for the "Conditional Exclusion for No Exposure" provision of 9VAC25-31-120 E, thereby eliminating the need to have a permit. Unless infeasible, facilities shall implement the following: (a) Use grading, berming, or curbing to prevent runoff of contaminated flows and divert run-on away from potential sources of pollutants; (b) Locate materials, equipment, and activities so that potential leaks and spills are contained, or able to be contained, or diverted before discharge; (c) Clean up spills and leaks immediately, upon discovery of the spills or leaks, using dry methods (e.g., absorbents) to prevent the discharge of pollutants; (d) Store leaking vehicles and equipment indoors or, if stored outdoors, use drip pans and adsorbents; (e) Utilize appropriate spill or overflow protections equipment; (f) Perform all vehicle maintenance or equipment cleaning operations indoors, under cover, or in bermed areas that prevent runoff and run-on and also capture any overspray; and
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(g) Drain fluids from equipment and vehicles that will be decommissioned, and for any equipment and vehicles that remain unused for extended periods of time, inspect at least monthly for leaks.
(3) Preventive maintenance. The permittee shall have a preventive maintenance program that includes regular inspection, testing, maintenance and repairing of all industrial equipment and systems to avoid situations that could result in leaks, spills and other releases of pollutants in stormwater discharged from the facility. This program is in addition to the specific control measure maintenance required under Part III C (Maintenance).
(4) Spill prevention and response procedures. The SWPPP shall describe the procedures that will be followed for preventing and responding to spills and leaks, including: (a) Preventive measures, such as barriers between material storage and traffic areas, secondary containment provisions, and procedures for material storage and handling; (b) Response procedures, including notification of appropriate facility personnel, emergency agencies, and regulatory agencies, and procedures for stopping, containing and cleaning up spills. Measures for cleaning up hazardous material spills or leaks shall be consistent with applicable Resource Conservation and Recovery Act regulations at 40 CFR Part 264 and 40 CFR Part 265. Employees who may cause, detect or respond to a spill or leak shall be trained in these procedures and have necessary spill response equipment available. If possible, one of these individuals shall be a member of the Pollution Prevention Team; (c) Procedures for plainly labeling containers (e.g., "used oil," "spent solvents," "fertilizers and pesticides," etc.) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur; and (d) Contact information for individuals and agencies that must be notified in the event of a spill shall be included in the SWPPP, and in other locations where it will be readily available.
(5) Salt storage piles or piles containing salt. Storage piles of salt or piles containing salt used for deicing or other commercial or industrial purposes shall be enclosed or covered to prevent exposure to precipitation. The permittee shall implement appropriate measures (e.g., good housekeeping, diversions, containment) to minimize exposure resulting from adding to or removing materials from the pile. All salt storage piles shall be located on an impervious surface. All runoff from the pile, and runoff that comes in contact with salt, including under drain systems, shall be collected and contained within a bermed basin lined with concrete or other impermeable materials, or within an underground storage tank or tanks, or within an above ground storage tank or tanks, or disposed of through a sanitary sewer (with the permission of the owner of the treatment facility). A combination of any or all of these methods may be used. In no case shall salt contaminated stormwater be allowed to discharge directly to the ground or to surface waters.
(6) Employee training. The permittee shall implement a stormwater employee training program for the facility. The SWPPP shall include a schedule for all types of necessary training, and shall document all training sessions and the employees who received the training. Training shall be provided at least annually for all employees who work in areas where industrial materials or activities are exposed to stormwater, and for employees who are responsible for implementing activities identified in the SWPPP (e.g., inspectors, maintenance personnel, etc.). The training shall cover the components and goals of the SWPPP, and include such topics as spill response, good housekeeping, material management practices, control measure operation and maintenance, etc. The SWPPP shall include a summary of any training performed.
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(7) Sediment and erosion control. The SWPPP shall identify areas at the facility that, due to topography, land disturbance (e.g., construction, landscaping, site grading), or other factors, have a potential for soil erosion. The permittee shall identify and implement structural, vegetative, and stabilization control measures to prevent or control on-site and off-site erosion and sedimentation. Flow velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel if the flows would otherwise create erosive conditions.
(8) Management of runoff. The SWPPP shall describe the stormwater runoff management practices (i.e., permanent structural control measures) for the facility. These types of control measures shall be used to divert, infiltrate, reuse, or otherwise reduce pollutants in stormwater discharges from the site.
Structural control measures may require a separate permit under 404 of the Clean Water Act and the Virginia Water Protection Permit Program Regulation (9VAC25-210) before installation begins.
(9) Dust suppression and vehicle tracking of industrial materials. The permittee shall implement control measures to minimize the generation of dust and off-site tracking of raw, final, or waste materials. Stormwater collected on-site may be used for the purposes of dust suppression or for spraying stockpiles. Potable water, well water, and uncontaminated reuse water may also be used for this purpose. There shall be no direct discharge to surface waters from dust suppression activities or as a result of spraying stockpiles.
5. Routine facility inspections. Personnel who possess the knowledge and skills to assess conditions and activities that could impact stormwater quality at the facility and who can also evaluate the effectiveness of control measures shall regularly inspect all areas of the facility where industrial materials or activities are exposed to stormwater, areas where spills or leaks have occurred in the past three years, discharge points, and control measures. At least one member of the pollution prevention team shall participate in the routine facility inspections.
The inspection frequency shall be specified in the SWPPP based upon a consideration of the level of industrial activity at the facility, but shall be at a minimum of once per calendar quarter unless more frequent intervals are specified elsewhere in the permit or written approval is received from the department for less frequent intervals. Inspections shall be performed during operating hours. At least once each calendar year, the routine facility inspection shall be conducted during a period when a stormwater discharge is occurring.
The requirement for routine facility inspections is waived for facilities that have maintained an active VEEP E3/E4 status. Certain sectors in Part IV have additional inspection requirements. If the VEEP E3/E4 waiver language is not included for the sector specific inspections, these additional inspection requirements may not be waived.
Any deficiencies in the implementation of the SWPPP that are found shall be corrected as soon as practicable, but not later than within 60 days of the inspection, unless permission for a later date is granted in writing by the director. The results of the inspections shall be documented in the SWPPP and shall include at a minimum: a. The inspection date; b. The names of the inspectors; c. Weather information and a description of any discharges occurring at the time of the
inspection; d. Any previously unidentified discharges of pollutants from the site; e. Any control measures needing maintenance or repairs; f. Any failed control measures that need replacement;
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g. Any incidents of noncompliance observed; and h. Any additional control measures needed to comply with the permit requirements.
C. Maintenance.
The SWPPP shall include a description of procedures and a regular schedule for preventive maintenance of all control measures, and shall include a description of the back-up practices that are in place should a runoff event occur while a control measure is off-line. The effectiveness of nonstructural control measures shall also be maintained by appropriate means (e.g., spill response supplies available and personnel trained, etc.).
All control measures identified in the SWPPP shall be maintained in effective operating condition and shall be observed at least annually when a stormwater discharge is occurring to ensure that they are functioning correctly. Where discharge locations are inaccessible, nearby downstream locations shall be observed. The observations shall be documented in the SWPPP.
If routine facility inspections required by Part III B 5 identify control measures that are not operating effectively, repairs or maintenance shall be performed before the next anticipated storm event. If maintenance prior to the next anticipated storm event is not possible, maintenance shall be scheduled and accomplished as soon as practicable. In the interim, back-up measures shall be employed and documented in the SWPPP until repairs or maintenance is complete. Documentation shall be kept with the SWPPP of maintenance and repairs of control measures, including the dates of regular maintenance, dates of discovery of areas in need of repair or replacement, dates for repairs, dates that the control measures returned to full function, and the justification for any extended maintenance or repair schedules.
D. Nonstormwater discharges.
1. Discharges of certain sources of nonstormwater listed in Part I B 1 are allowable discharges under this permit. All other nonstormwater discharges are not authorized and shall be either eliminated or covered under a separate VPDES permit.
2. Annual outfall evaluation for unauthorized discharges. a. The SWPPP shall include documentation that all stormwater outfalls associated with industrial activity have been evaluated annually for the presence of unauthorized discharges. The documentation shall include: (1) The date of the evaluation; (2) A description of the evaluation criteria used; (3) A list of the outfalls or on-site drainage points that were directly observed during the evaluation; (4) A description of the results of the evaluation for the presence of unauthorized discharges; and (5) The actions taken to eliminate unauthorized discharges if any were identified. b. The permittee may request in writing to the department that the facility be allowed to conduct annual outfall evaluations at 20% of the outfalls. If approved, the permittee shall evaluate at least 20% of the facility outfalls each year on a rotating basis such that all facility outfalls will be evaluated during the period of coverage under this permit.
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E. Signature and SWPPP review.
1. Signature and location. The SWPPP, including revisions to the SWPPP to document any corrective actions taken as required by Part I A 6, shall be signed in accordance with Part II K, dated, and retained on-site at the facility covered by this permit in accordance with Part II B 2. All other changes to the SWPPP, and other permit compliance documentation, shall be signed and dated by the person preparing the change or documentation. For inactive and unstaffed facilities, the plan may be kept at the nearest office of the permittee.
2. Availability. The permittee shall retain a copy of the current SWPPP required by this permit at the facility, and it shall be immediately available to the department, EPA, or the operator of an MS4 receiving discharges from the site at the time of an on-site inspection or upon request.
3. Required modifications. The permittee shall modify the SWPPP whenever necessary to address all corrective actions required by Part I A 6 a (Data exceeding benchmark concentration values) or Part I A 6 b (Corrective actions). Changes to the SWPPP shall be made in accordance with the corrective action deadlines in Part I A 6 a and Part I A 6 b, and shall be signed and dated in accordance with Part III E 1.
The director may notify the permittee at any time that the SWPPP, control measures, or other components of the facility's stormwater program do not meet one or more of the requirements of this permit. The notification shall identify specific provisions of the permit that are not being met, and may include required modifications to the stormwater program, additional monitoring requirements, and special reporting requirements. The permittee shall make any required changes to the SWPPP within 60 days of receipt of such notification, unless permission for a later date is granted in writing by the director, and shall submit a written certification to the director that the requested changes have been made.
F. Maintaining an updated SWPPP.
1. The permittee shall review and amend the SWPPP as appropriate whenever: a. There is construction or a change in design, operation, or maintenance at the facility that has a significant effect on the discharge, or the potential for the discharge, of pollutants from the facility; b. Routine inspections or compliance evaluations determine that there are deficiencies in the control measures, including BMPs; c. Inspections by local, state, or federal officials determine that modifications to the SWPPP are necessary; d. There is a significant spill, leak, or other release at the facility; e. There is an unauthorized discharge from the facility; or f. The department notifies the permittee that a TMDL has been developed and applies to the permitted facility, consistent with Part I B.
2. SWPPP modifications shall be made within 60 calendar days after discovery, observation or event requiring a SWPPP modification. Implementation of new or modified control measures (distinct from regular preventive maintenance of existing control measures described in Part III C) shall be initiated before the next storm event if possible, but no later than 60 days after discovery, or as otherwise provided or approved by the director. The amount of time taken to modify a control measure or implement additional control measures shall be documented in the SWPPP.
3. If the SWPPP modification is based on a significant spill, leak, release, or unauthorized discharge, include a description and date of the incident, the circumstances leading to the incident, actions taken in response to the incident, and measures to prevent the recurrence of such releases. Unauthorized discharges are subject to the reporting requirements of Part II G of this permit.
Part IV. Sector Specific Permit Requirements
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The permittee must only comply with the additional requirements of Part IV (9VAC25-151-90 et seq.) that apply to the sectors of industrial activity located at the facility. These sector specific requirements are in addition to the requirements specified in Parts I, II and III of this permit. All numeric effluent limitations and benchmark monitoring concentration values reflect two significant digits, unless otherwise noted.
9VAC25-151-390. Sector AF - Facilities limited to total suspended solids benchmark monitoring requirements.
A. Discharges covered under this section. The requirements listed under this section apply to stormwater discharges associated with industrial activity from facilities with SIC Codes 4011, 4013, 4111-4173, 4212-4231, 4311, and 5171.
B. Benchmark monitoring and reporting requirements. Facilities or stormwater discharges included in this sector are required to monitor their stormwater discharges for the pollutants of concern listed in Table 390.
Table 390
Sector AF- Benchmark Monitoring Requirements
Pollutants of Concern
Benchmark Concentration
Facilities Limited to Total Suspended Solids Benchmark Monitoring Requirements
Total Suspended Solids (TSS)
100 mg/L