Section 50. Authorization to discharge

A. To be eligible to discharge under this permit, an owner must (i) have a stormwater discharge associated with industrial activity from the facility's primary industrial activity, as defined in 9VAC25-151-10 (Definitions), provided the primary industrial activity is included in Table 50-2 of this section, or (ii) be notified that discharges from the facility have been designated by the board for permitting under the provisions of 9VAC25-31-120 A 1 c, or under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit Regulation, and are eligible for coverage under Sector AD of this permit.

Any owner governed by this general permit is hereby authorized to discharge stormwater associated with industrial activity, as defined in this chapter, to surface waters of the Commonwealth of Virginia provided that:

1. The owner submits a registration statement in accordance with 9VAC25-151-60, and that registration statement is accepted by the board;

2. The owner submits the required permit fee;

3. The owner complies with the applicable requirements of 9VAC25-151-70 et seq.; and

4. The board has not notified the owner that the discharge is ineligible for coverage in accordance with subsection B of this section.

B. The board will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:

1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;

2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;

3. The discharge violates or would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30; or

4. The discharge is not consistent with the assumptions and requirements of an approved TMDL. Note: Virginia's Phase I Chesapeake Bay TMDL Watershed Implementation Plan (November 29, 2010) states that wasteloads for future growth for new facilities in the Chesapeake Bay watershed with industrial stormwater discharges cannot exceed the nutrient and sediment loadings that were discharged prior to the land being developed for the new industrial activity. For purposes of this permit regulation, facilities that commence construction after June 30, 2014, must be consistent with this requirement to be eligible for coverage under this general permit.

C. 1. Facilities with colocated industrial activities on-site shall comply with all applicable effluent limitations, monitoring and pollution prevention plan requirements of each section of 9VAC25-151-70 et seq. in which a colocated industrial activity is described.

2. Stormwater discharges associated with industrial activity that are mixed with other discharges (both stormwater and nonstormwater) requiring a VPDES permit are authorized by this permit, provided that the owner obtains coverage under this VPDES general permit for the industrial activity discharges, and a VPDES general or individual permit for the other discharges. The owner shall comply with the terms and requirements of each permit obtained that authorizes any component of the discharge.

3. 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.

4. Authorized nonstormwater discharges. The following "nonstormwater" discharges are authorized by this permit:

a. Discharges from firefighting activities;

b. Fire hydrant flushings;

c. Potable water, including water line flushings;

d. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;

e. Irrigation drainage;

f. Landscape watering provided all pesticides, herbicides, and fertilizer have been applied in accordance with the approved labeling;

g. 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);

h. Routine external building washdown that does not use detergents;

i. Uncontaminated ground water 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).

5. Stormwater discharges associated with construction activity that are regulated under a VPDES permit are not authorized by this permit.

6. Discharges subject to stormwater effluent limitation guidelines under 40 CFR Subchapter N (Effluent Guidelines and Standards). Only those stormwater discharges subject to stormwater effluent limitation guidelines under 40 CFR Subchapter N that are identified in Table 50-1 of this subsection are eligible for coverage under this permit.

TABLE 50 - 1 STORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES.
Effluent Limitation Guideline	Sectors with Affected Facilities
Runoff from material storage piles at cement manufacturing facilities (40 CFR Part 411 Subpart C (established February 20, 1974))	E
Contaminated runoff from phosphate fertilizer manufacturing facilities (40 CFR Part 418 Subpart A (established April 8, 1974))	C
Coal pile runoff at steam electric generating facilities (40 CFR Part 423 (established November 19, 1982))	O
Discharges resulting from spray down or intentional wetting of logs at wet deck storage areas (40 CFR Part 429 Subpart I (established January 26, 1981))	A
Runoff from asphalt emulsion facilities (40 CFR Part 443 Subpart A (established July 24, 1975))	D
Runoff from landfills (40 CFR Part 445 Subparts A and B (established January 19, 2000))	K and L
Discharges from airport deicing operations (40 CFR Part 449 (established May 16, 2012))	S

7. Permit eligibility is limited to discharges from facilities in the "sectors" of industrial activity summarized in Table 50-2 of this subsection. These sector descriptions are based on Standard Industrial Classification (SIC) Codes and Industrial Activity Codes. References to "sectors" in this permit (e.g., sector-specific monitoring requirements) refer to these groupings.

TABLE 50 - 2 SECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT
SIC Code or Activity Code		Activity Represented
Sector A: Timber Products
2411		Log Storage and Handling (wet deck storage areas are only authorized if no chemical additives are used in the spray water or applied to the logs).
2421		General Sawmills and Planing Mills.
2426		Hardwood Dimension and Flooring Mills.
2429		Special Product Sawmills, Not Elsewhere Classified.
2431-2439 (except 2434 - see Sector W)		Millwork, Veneer, Plywood, and Structural Wood.
2441, 2448, 2449		Wood Containers.
2451, 2452		Wood Buildings and Mobile Homes.
2491		Wood Preserving.
2493		Reconstituted Wood Products.
2499		Wood Products, Not Elsewhere Classified (includes SIC Code 24991303 - Wood, Mulch and Bark facilities).
Sector B: Paper and Allied Products
2611		Pulp Mills.
2621		Paper Mills.
2631		Paperboard Mills.
2652-2657		Paperboard Containers and Boxes.
2671-2679		Converted Paper and Paperboard Products, except Containers and Boxes.
Sector C: Chemical and Allied Products
2812-2819		Industrial Inorganic Chemicals.
2821-2824		Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers, except Glass.
2833-2836		Medicinal Chemicals and Botanical Products; Pharmaceutical Preparations; In Vitro and In Vivo Diagnostic Substances; Biological Products, except Diagnostic Substances.
2841-2844		Soaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.
2851		Paints, Varnishes, Lacquers, Enamels, and Allied Products.
2861-2869		Industrial Organic Chemicals.
2873-2879		Agricultural Chemicals (includes SIC Code 2875 - Composting Facilities).
2891-2899		Miscellaneous Chemical Products.
3952 (limited to list)		Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's Paints and Artist's Watercolors.
Sector D: Asphalt Paving and Roofing Materials and Lubricants
2951, 2952		Asphalt Paving and Roofing Materials.
2992, 2999		Miscellaneous Products of Petroleum and Coal.
Sector E: Glass Clay, Cement, Concrete, and Gypsum Products
3211		Flat Glass.
3221, 3229		Glass and Glassware, Pressed or Blown.
3231		Glass Products Made of Purchased Glass.
3241		Hydraulic Cement.
3251-3259		Structural Clay Products.
3261-3269		Pottery and Related Products.
3274, 3275		Concrete, Gypsum and Plaster Products, Except: Concrete Block and Brick; Concrete Products, except Block and Brick; and Ready-Mixed Concrete Facilities (SIC 3271-3273).
3281		Cut Stone and Stone Products
3291-3299		Abrasive, Asbestos, and Miscellaneous Non-Metallic Mineral Products.
Sector F: Primary Metals
3312-3317		Steel Works, Blast Furnaces, and Rolling and Finishing Mills.
3321-3325		Iron and Steel Foundries.
3331-3339		Primary Smelting and Refining of Nonferrous Metals.
3341		Secondary Smelting and Refining of Nonferrous Metals.
3351-3357		Rolling, Drawing, and Extruding of Nonferrous Metals.
3363-3369		Nonferrous Foundries (Castings).
3398, 3399		Miscellaneous Primary Metal Products.
Sector G: Metal Mining (Ore Mining and Dressing)
1011		Iron Ores.
1021		Copper Ores.
1031		Lead and Zinc Ores.
1041, 1044		Gold and Silver Ores.
1061		Ferroalloy Ores, except Vanadium.
1081		Metal Mining Services.
1094, 1099		Miscellaneous Metal Ores.
Sector H: Coal Mines and Coal Mining Related Facilities
1221-1241		Coal Mines and Coal Mining-Related Facilities.
Sector I: Oil and Gas Extraction and Refining
1311		Crude Petroleum and Natural Gas.
1321		Natural Gas Liquids.
1381-1389		Oil and Gas Field Services.
2911		Petroleum Refineries.
Sector J: Mineral Mining and Dressing Facilities (SIC 1411-1499 are not authorized under this permit)
Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities
	HZ	Hazardous Waste Treatment Storage or Disposal.
Sector L: Landfills and Land Application Sites
	LF	Landfills, Land Application Sites, and Open Dumps.
Sector M: Automobile Salvage Yards
	5015	Automobile Salvage Yards.
Sector N: Scrap Recycling Facilities
	5093	Scrap Recycling Facilities.
	4499 (limited to list)	Dismantling Ships, Marine Salvaging, and Marine Wrecking - Ships for Scrap.
Sector O: Steam Electric Generating Facilities
	SE	Steam Electric Generating Facilities.
Sector P: Land Transportation and Warehousing
	4011, 4013	Railroad Transportation.
	4111-4173	Local and Highway Passenger Transportation.
	4212-4231	Motor Freight Transportation and Warehousing.
	4311	United States Postal Service.
	5171	Petroleum Bulk Stations and Terminals.
Sector Q: Water Transportation
	4412-4499 (except 4499 facilities as specified in Sector N)	Water Transportation.
Sector R: Ship and Boat Building or Repairing Yards
	3731, 3732	Ship and Boat Building or Repairing Yards.
Sector S: Air Transportation
	4512-4581	Air Transportation Facilities.
Sector T: Treatment Works
	TW	Treatment Works.
Sector U: Food and Kindred Products
	2011-2015	Meat Products.
	2021-2026	Dairy Products.
	2032-2038	Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties.
	2041-2048	Grain Mill Products.
	2051-2053	Bakery Products.
	2061-2068	Sugar and Confectionery Products.
	2074-2079	Fats and Oils.
	2082-2087	Beverages.
	2091-2099	Miscellaneous Food Preparations and Kindred Products.
	2111-2141	Tobacco Products.
Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products
	2211-2299	Textile Mill Products.
	2311-2399	Apparel and Other Finished Products Made from Fabrics and Similar Materials.
	3131-3199 (except 3111 - see Sector Z)	Leather and Leather Products, except Leather Tanning and Finishing.
Sector W: Furniture and Fixtures
	2434	Wood Kitchen Cabinets.
	2511-2599	Furniture and Fixtures.
Sector X: Printing and Publishing
	2711-2796	Printing, Publishing, and Allied Industries.
Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries
	3011	Tires and Inner Tubes.
	3021	Rubber and Plastics Footwear.
	3052, 3053	Gaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.
	3061, 3069	Fabricated Rubber Products, Not Elsewhere Classified.
	3081-3089	Miscellaneous Plastics Products.
	3931	Musical Instruments.
	3942-3949	Dolls, Toys, Games, and Sporting and Athletic Goods.
	3951-3955 (except 3952 facilities as specified in Sector C)	Pens, Pencils, and Other Artists' Materials.
	3961, 3965	Costume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, Except Precious Metal.
	3991-3999	Miscellaneous Manufacturing Industries.
Sector Z: Leather Tanning and Finishing
	3111	Leather Tanning, Currying, and Finishing.
Sector AA: Fabricated Metal Products
	3411-3499	Fabricated Metal Products, except Machinery and Transportation Equipment.
	3911-3915	Jewelry, Silverware, and Plated Ware
Sector AB: Transportation Equipment, Industrial or Commercial Machinery
	3511-3599 (except 3571-3579 - see Sector AC)	Industrial and Commercial Machinery (except Computer and Office Equipment).
	3711-3799 (except 3731, 3732 - see Sector R)	Transportation Equipment (except Ship and Boat Building and Repairing).
Sector AC: Electronic, Electrical, Photographic, and Optical Goods
	3571-3579	Computer and Office Equipment.
	3612-3699	Electronic and Other Electrical Equipment and Components, except Computer Equipment.
	3812-3873	Measuring, Analyzing, and Controlling Instruments; Photographic, Medical, and Optical Goods; Watches and Clocks.
Sector AD: Nonclassified Facilities/Stormwater Discharges Designated by the Board as Requiring Permits
	N/A	Stormwater Discharges Designated by the Board for Permitting under the Provisions of 9VAC25-31-120 A 1, or under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit Regulation.
		Note: Facilities may not elect to be covered under Sector AD. Only the board may assign a facility to Sector AD.

D. Conditional exclusion for no exposure. Any owner covered by this permit who becomes eligible for a no exposure exclusion from permitting under 9VAC25-31-120 E may file a no exposure certification. Upon submission and acceptance by the board of a complete and accurate no exposure certification, the permit requirements no longer apply, and the owner is not required to submit a notice of termination. A no exposure certification must be submitted to the board once every five years.

E. Compliance with this general permit constitutes compliance with the federal Clean Water Act and the State Water Control Law, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.

F. Continuation of permit coverage.

1. Any owner that was authorized to discharge under the industrial activity stormwater general permit issued in 2009 and that submits a complete registration statement before July 1, 2014, is authorized to continue to discharge under the terms of the 2009 general permit until such time as the board either:

a. Issues coverage to the owner under this general permit; or

b. Notifies the owner that the discharge is not eligible for coverage under this general permit.

2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the board may choose to do any or all of the following:

a. Initiate enforcement action based upon the 2009 general permit;

b. Issue a notice of intent to deny coverage under the reissued general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by administratively continued coverage under the terms of the 2009 general permit or be subject to enforcement action for discharging without a permit;

c. Issue an individual permit with appropriate conditions; or

d. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).

Historical Notes

Derived from Volume 15, Issue 09, eff. June 30, 1999; amended, Virginia Register Volume 20, Issue 16, eff. July 1, 2004; Volume 25, Issue 19, eff. June 24, 2009; Volume 30, Issue 11, eff. July 1, 2014; Errata, 31:3 VA.R. 194 October 6, 2014.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, and 124.