The New Virginia Stormwater Management Program Regulations€¦ · 9VAC25-151 Industrial Stormwater General Permit (VPDES) 9VAC25-840 Erosion and Sediment Control Regulations 9VAC25-870

Landfills And The New Virginia Stormwater Management Program Regulations

Overview of regulatory programs

Specific guidance from DEQ

Quiz

Questions and Answers

Agenda

NEW REGULATIONS GO INTO AFFECT ON 7/1/14 FOR:

General Permit for Construction Activities /

Virginia Stormwater Management Program

Industrial Stormwater General Permit

Why Is this such a hot topic?

9VAC25-151Industrial Stormwater General Permit (VPDES)

9VAC25-840Erosion and Sediment Control Regulations

9VAC25-870Virginia Stormwater Management Program

9VAC25-880General Permit for Discharges of Stormwater from Construction Activities

9VAC25-890General Permit for Discharge of Stormwater fromsmall MS4s

The Regulatory Framework

Virginia Stormwater Management Program

And

General Permit for Construction Activities

VSMP Highlights

USEPAFederal oversight and auditing

DEQ RoleDEQ permits, regulates & controls runoff

VSMP Authority

Adopted by ordinance

ConsistencyAgree with Act, Regulations and the Construction GP

Integration

Integrate MS4, erosion/sediment control, flood insurance, flood plain mgt. and related programs

Approval & Review

DEQ reviews permits every 5 years

LDA

VSMP applies to LDAs of > 1acre, or > 2,500 sq. ft. (CBPA)

Inspection

Periodic inspection of BMPs and maintenance agreement

ViolationsViolations subject to civil penalties up to $32,000

VSMP Highlights

Does your project disturb over 1 acre of land or disturb more than 2500

square feet within a CBPA?

ESC & SWMPlan Submittal

Required

ESC Permit Required

Does your project

disturb over 10,000 sf?

No Permit Required

NO

NO

YES

YES

Stormwater Plan Submittal Process

50% Payment of

VSMP Application

Fee

Land Disturbance Permit AND Registration

Statement for General Permit

1. ESC Plans2. SWM Plans3. SWPPP

a. ESC Reportb. Pollution Prevention

Planc. SWM narrative and

calculations4. Long-Term Maintenance

Agreement

Initial Submittal to VSMP Authority

VSMP - Submittal Process

VSMP - Focus

LONG TERM MAINTENANCE AGREEMENT

• Recorded with Deed; covenant running with land

• Construction and construction record drawing(s)

• Maintenance

• Inspection by Owner and by VSMP Authority

• Corrective action and/or enforcement by VSMP Authority

VSMP - Post-Construction Requirements

Post Construction Inspections

(Owner & VSMP Authority)

Maintenance

of BMPs

(Owner)

Long-Term Maintenance Agreement Enforcement

(Owner & VSMP Authority)

GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES

DESCRIPTION REGISTRATION FEEANNUAL MAINTENANCE

FEE

Current permit

> 1 acre but < 5 acres $450 NA

> 5 acres $750 NA

New Permit after 7/1/14

< 1 acre $290 $50

> 1 acre but < 5 acres $2,700 $400

> 5 acres but < 10 acres $3,400 $500

> 10 acres but < 50 acres $4,500 $650

> 50 acres but < 100 acres $6,100 $900

> 100 acres $9,600 $1,400

VSMP - Fees

QUALITY Phosphorus and local TMDL reqmts.

Runoff Reduction Method

QUANTITY Peak Runoff Rate & Volume

Energy Balance Equation

VSMP Key Criteria

VSMP Quality Controls

LAND COVER

• Managed Turf

• Impervious

• Forest (undisturbed or restored) or open space

VSMP - Implementation

BASIC RULES

Keep runoff in contact with soil

Consider infiltration, evapotranspiration & reuse controls

Retain runoff on site


And

Solid Waste Management


USEPA1990 - Federal program (11 industrial activities)

DEQ

DEQ regulates and permits stormwater runoff from industries by sector (30 sectors)

OwnerSubmits registration statement and fee

DEQ Reviews and issues permit

OwnerImplements program monitoring and reporting

KEY DATES - Registration

Registration date - existing permits: May 2, 2014

Late registration through: June 30, 2014

Effective date of general permit: July 1, 2014(but permit issuance may be delayed)

Permit term (5 years): June 30, 2019

Fees: $500


KEY DATES SWPPP Preparation

Existing permits:

• Owner shall review and update the SWPPP within 90 days of coverage under the permit.

New facilities:

• Owner shall prepare and implement a written SWPPP for the facility prior to submitting the registration statement.


BY DEFINITION:

• Facilities classified as and SIC 28

• Landfills, land application sites, &

• Facilities involved in the recycling of materials

How do I know if I need a permit?

BY SOLID WASTE SECTORS

Sector A: Timber Products

• Wood, mulch and bark facilities (SIC 2499)

Sector C: Chemical and Allied Products

• Composting facilities (SIC 2875)

Sector L: Landfills and Land Application Sites

Sector N: Scrap Recycling Facilities (SIC 5093)

Sector P: Land Transportation and Warehousing


By regulation (9VAC25-151-210)


Separate permit requirements established

for recycling facilities that receive ONLY

source separated recyclable materials

primarily from nonindustrial and

residential sources.

(e.g. common consumer products including

paper, newspaper, glass, cardboard, plastic

containers, aluminum and tin cans.)

NO-EXPOSURE

• All industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff.

• Any owner who becomes eligible for a no exposure

• A no exposure certification must be submitted to the DEQ once every five years.


INACTIVE AND UNSTAFFED SITES

• Waiver of quarterly visual assessments, routine facility inspections and monitoring requirements may be granted.

• Annual comprehensive site inspection required.

• Notification within 30 days of any changes exposed materials, activity or staffing.


CO-LOCATED FACILITIES

Determination of Primary Industrial Activity

Facilities with co-located industrial activities on-site shall:

• Comply with all applicable effluent limitations.

• Include description, special conditions etc. in SWPPP.

Facilities may also have to monitor for benchmark parameters if point discharge.


LANDFILLS - EXCLUDED

Pre-1988 landfills closed in accordance with regulations or permits at that time

Post-1988 landfills closed in accordance with 9VAC20-81-160/170

No exposed waste


SUMMARY

• Preparation and implementation of Storm water Pollution Prevention Plan (SWPPP)

• Inspections

• Monitoring and reporting

• Corrective action

General Program Requirements

LANDFILLS

SWPPP must address:

• Contaminated Stormwater working face

• Non-contaminated Stormwater intermediate and final cover

• Erosion and sediment control plan stockpiles/borrow areas/other activities

• Inspections - frequency

• Record keeping - critical

Storm water Pollution Prevention Plan

MULCHING FACILITIES

SWPPP must address good housekeeping in storage areas, loading and unloading areas, and material handling areas designed to:

• Limit the discharge from wood debris;

• Minimize the leachate generated from decaying wood materials; and

• Minimize the generation of dust.


MULCH DYEING OPERATIONS

• Discharge of wet dye drippings from mulch dyeing operations are prohibited.

• SWPPP must specifically address control measures to prevent the discharge of wet dye drippings and to prevent seepage of pollutants to groundwater.


RECYCLING FACILITIES SOURCE SEPARATED

MATERIALS (NON-INDUSTRIAL AND RESIDENTIAL)

SWPPP must address:

• Inbound recyclable material control

• Outdoor storage

• Indoor storage and material processing

• Vehicle and equipment maintenance


LAND TRANSPORTATION (Ground/Rail)

SWPPP must address:

• Fueling stations

• Maintenance or cleaning areas

• Storage areas vehicle and equipment with potential fluid leaks

• Loading and unloading areas

• Areas where storage of wastes occur


MONITORING REQUIREMENTS:


* New monitoring frequency

Visual Quarterly

Benchmark Semi annual*

Effluent Semi annual*

Discharges to impaired waters w/o TMDL Semi annual*

Discharges to impaired waters w/ TMDL Semi annual

Chesapeake Bay Watershed First two years*

SAMPLING:

• Representative outfalls can be considered.

• Sample within first 30 minutes of discharge unless document impractical.

• Samples may be taken during the first three hours of the discharge. (formerly 1 hour)

• Labs must meet Virginia Environmental Laboratory Accreditation Program by analyte per method (New)


REPORTING

• Submit results on a DMR by January 10 and July 10 to DEQ.

• If discharging to MS4, submit to MS4.

• Visual monitoring kept with SWPPP.


BENCHMARK PARAMETERSSECTOR PARAMETER

Mulch TSS, BOD

Mulch dyeing operations TSS, BOD, COD, aluminum, arsenic, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, selenium, silver, zinc, Total N, Total P

Composting TSS, BOD, COD, ammonia, Total N, Total P

Landfills TSS (note that iron eliminated)

Scrap recycling TSS, aluminum, cadmium, chromium, copper, iron, lead, zinc

Land transportation TSS, TPH


SECTOR PARAMETER NUMERICAL LIMITS

Mulch BOD 30 mg/l

TSS 100 mg/l

Composting TSS 100 mg/l

BOD 30 mg/l

COD 120 mg/l

Ammonia 2.14 mg/l

Total N 2.2 mg/l

Total P 2.0 mg/l

Landfills TSS 100 mg/l

Land Transportation TSS/TPH 100 mg/l / 15 mg/l


BENCHMARK LIMITS

SECTOR PARAMETER NUMERICAL LIMITS

Scrap recycling source separated*

TSS 100 mg/l

Aluminum 750 ug/l

Cadmium 2.1 ug/l

Chromium 16 ug/l

Copper 18 ug/l

Iron 1.0 mg/l

Lead 120 ug/l

Zinc 120 ug/l

*Metals monitoring for specific metals received.


BENCHMARK LIMITS

PARAMETER Max. daily (mg/l) Max. monthly average (mg/l)

BOD 140 37

TSS 88 27

Ammonia 10 4.9

Alpha Terpineol

0.033 0.016

Benzoic Acid 0.12 0.071

P-Cresol 0.25 0.014

Phenol 0.026 0.015

Zinc - total 0.2 0.11

pH Within range of 6 9


NUMERIC EFFLUENT LIMITS - LANDFILLS

IF YOU EXCEED A LIMIT:

Benchmark monitoring

• Consider source natural background

• Review SWPPP and modify within 30 days.

• Implementation of corrective measures before next storm event or within 60 days or as approved by DEQ.

• If construction required, complete work ASAP but no later than 3 years after exceedance. Temporary controls required.

• Provide Schedule in SWPPP

• Document actions in SWPPP


IF YOU EXCEED A LIMIT:

Effluent limitation or TMDL/Impaired water or local ordinance

• Similar to Benchmark exceedance.

• Within 30 days of implementing corrective action, report to DEQ.

No additional follow up monitoring required. (New change)


FACILITIES IN THE CHESAPEAKE BAY WATERSHED(New requirements)



BASELINE MONITORING (Part I B.7):• TSS, Total Nitrogen and Total Phosphorus.

• Sample during first four monitoring periods (first two years of permit coverage).

• Existing facilities may use data from the last two monitoring periods of 2009 permit and the first two monitoring events of 2014 permit.

• Information to be used to assess information submitted to EPA.

• Data must be analyzed and compared against loading values in regulations.


BASELINE MONITORING :

If loading value exceeded, a TMDL Action Plan must be submitted.

• Plan must be submitted within 90 days from the end of the second by 9/28/16.

• Implementation of plan over the remaining term of the permit to achieve all the necessary reductions by 6/30/24.

• If plan required, an annual report is required by June 30th of each year.


EXPANSIONS TO EXISTING FACILITY:

• Waste loads cannot exceed nutrient and sediment loadings before land developed

• Documentation included in SWPPP. May use VSMP water quality design criteria.

• Non-industrial land can be considered to comply with no net increase.

• Pollutant trading or offsets can be considered.


NEW FACILITIES:

• Criteria similar to expansion; but

• Documentation included with registration.


And The Answers To Your Questions

Determination of Primary Activity

DEQ GUIDANCE:

From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014

When we look at a facility for determination of its need for a Stormwater permit, we look at the primary activity going on at the site. If it falls

Stormwater Regulations, they need a permit if they have point source discharges to surface waters. We also look at the site to determine ALL the industrial activities that are going on at the facility. All the

-

Determination of Primary Activity

Landfill Cell Development

DEQ GUIDANCE:

From: Burton Tuxford (DEQ)Date: April 23, 2014

Answers to your questions:

If a landfill is permitted under VDEQ solid waste to include a number of cells, would the construction of one of these permitted cells after

No, the new cell would be part of the normal landfill operations,


DEQ GUIDANCE:


Lynn,

construction of a new cell at a permitted landfill would NOT be

special condition (SC #9) requirements. The opening and closing of new cells is part of the normal landfill operations, and these activities are exempt from the VSMP Construction Stormwater permitting requirements, and therefore exempt from the permit special condition requirement


DEQ GUIDANCE:


Lynn, Answers to your questions:

If a landfill is permitted under VDEQ and then permits a lateral expansion requiring a Part A/Part B submittal, would the lateral expansion make the

No, the lateral expansion would NOT make the

If a new landfill is developed on a green field site, is it new? Yes, it is a


LANDFILL CLOSURE


DEQ GUIDANCE:

From: Ian Edwards (DEQ) Date: March 31, 2014

As the facility has a VPDES stormwater discharge permit for industrial activities then obtaining VSMP general permit coverage for construction activities is not required provided there are adequate provisions in the VPDES discharge permit from industrial activities to address erosion and sediment control. An erosion and sediment control plan that is approved by the local plan approving authority should be obtained prior to land disturbing activities occurring


BORROW AREA DEVELOPMENT


EPA GUIDANCE:

From FAQ EPA Construction General Permit (provided by VDEQ):

disturbing construction activities and those activities supporting the construction project such as construction materials or equipment storage or maintenanceearth disturbing activities that are part of the normal day-to-day operation of a completed facility (e.g. daily cover for landfills, maintenance of gravel roads or parking areas landscape


DEQ GUIDANCE:

From: Ian Edwards (DEQ)Sent: Thursday, April 03, 2014To: Bill Hase

The land disturbance associated with the borrow area at the landfill in XXXXXXX should be included in the VPDES industrial activities stormwater

Ian EdwardsActing Stormwater ManagerDEQ Blue Ridge Regional Office


DEQ GUIDANCE:

From: Ian Edwards(DEQ)Sent: March 31, 2014To: Bill Hase

If off site land disturbing activities are associated with this project, i.e. borrow areas that are not permitted under a Virginia Department of Mines Minerals and Energy permit or some other VPDES permit, either stormwater discharges from construction activities or stormwater discharges from industrial activities, then VSMP Construction General Permit would be required for the offsite activity provided the land disturbance is 1 acre or more. In addition an erosion and sediment control plan from the local plan approving authority would be required


MULCH OPERATIONS


DEQ GUIDANCE: CO-LOCATED FACILITIES

From: Linda Shultz 3/7/14

-located activities that might be helpful to clarify:The VPDES GP is based on the primary activity. For example, a transfer station or convenience center is not a covered sector (i.e., no VPDESpermit required). If mulching is their secondary activity, and the primary activity does not require a GP, then no permit is required (unless DEQ determines they are causing a water quality problem to a receiving stream).

For co-located operations that fall under multiple sectors,( e.g., a landfill with mulching), the permit is based on the primary activity (Sector L - landfill), and the secondary activity (Sector A -mulching)


DEQ GUIDANCE:

From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014To: Shultz, Linda (DEQ)Subject: RE: mulching and stormwater discharge

falls within SIC 2499-1303 (and always has), which is regulated and included in Sector A of the ISWGP.

Regarding XXXXXXX Landfill, the mulching now is a co-located industrial activity that needs to be included in the landfill permit/SWPPP. Sounds like it has a

- - still covered.clear what the primary activity would be, so I think it would be the (regional

whether they want to consider the mulching for permitting


DEQ GUIDANCE:

From: Tuxford, Burton (DEQ) Sent: Wednesday, April 23, 2014 Subject: RE: mulching and stormwater discharge

point under the re-issued industrial stormwater general permit. If the discharge is pure sheet flow (i.e., not concentrated/channelized in any way), that is fine. However, the discharges must still be controlled to ensure that they are not significant contributors of pollutants to the receiving stream, or causing a water quality problem. So, they still have to manage their stormwater

Landfills Mulch -Compost

COMPOST OPERATIONS


DEQ GUIDANCE:COMPOSTING FACILITIES

From: Linda Shultz 3/7/14

If there is zero discharge, a facility is exempt from the VPDES permit requirements and there is no filing necessary.

Composting facilities are now specifically included under Sector C of the VPDES GP. They have always needed a permit (not all may have had them, though). It just was not clear in the past which Sector they fell under.

As for yard waste composting facilities, the GP does not distinguish categories of composting. Unless they are classified as something other than SIC 2875, yard waste composting is grouped with other types of composting in the GP.

Mulching


Infrastructure Development

VSMP - Submittal Process

Does your project disturb over 1 acre of land or disturb more than 2500

square feet within a CBPA?

ESC & SWMPlan Submittal

Required

ESC Permit Required

Does your project

disturb over 10,000 sf?

No Permit Required

NO

NO

YES

YES

DEQ GUIDANCE:TRANSFER STATIONS

From Burt Tuxford, May 5, 2014

Sector P is for land transportation facilities (SIC 40, 41, 42, 43, and 5171), that

perform maintenance (including vehicle and equipment rehabilitation,

mechanical repairs, painting, fueling and lubrication) and equipment

cleaning. Transfer stations are not described under any of these codes. Sector P is

also for SIC 4221-4225 (public warehousing and storage). Transfer stations do not

fit into these SIC codes either. If we designate a transfer station for permitting, and

they perform maintenance on site, then their permit would include Sector P

requirements.




Solid waste transfer stations are not regulated under the stormwater program, per se. However, if the stormwater discharges from the facility are causing a water

quality problem, we could designate the station for permitting. If the transfer

station is located on a site that is required to be permitted for their stormwater

discharges (such as a landfill), it would be included as an “industrial activity” that

would need to be addressed in the facility’s SWPPP.




We look at the primary industrial activity on site to determine the need for a

stormwater permit. The primary activity at these facilities is “transfer station”, so

the storage areas would not trigger the need for a stormwater permit. If they

facility has been designated for permitting, this would be an “industrial activity”

that would need to be addressed in the facility’s SWPPP.


Questions And Answers

Documents

The New Virginia Stormwater Management Program Regulations€¦ · 9VAC25-151 Industrial Stormwater General Permit (VPDES) 9VAC25-840 Erosion and Sediment Control Regulations 9VAC25-870