Technical Exhibit 3 - VA0087327 Signed Permit 2022.pdf

PDF 2 MB Posted Oct 27, 2023

Attached to: SOLICITATION NOTICE for Waste-Water Treatment Plant Operation Services
Solicitation number: 70Z08424QAA550100
Issued by: Department of Homeland Security US Coast Guard

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Written by GovTribe AI · Dec 21, 2023

This permit authorizes the U.S. Coast Guard facility in Chincoteague, Virginia to discharge treated wastewater into the Chincoteague Channel under effluent limitations for parameters including flow rate, pH, BOD, TSS, chlorine, bacteria, ammonia, dissolved oxygen, TKN, and oil and grease. The permit outlines monitoring requirements, additional chlorine limitations, secondary treatment demonstration obligations, and other standard requirements.

The related solicitation seeks proposals for waste-water treatment plant operation services at the U.S. Coast Guard facility in Chincoteague, Virginia. Offerors must have a Class III licensed wastewater operator and meet reliability class I. The solicitation is available through the Department of Homeland Security on behalf of the U.S. Coast Guard. Proposals are due by the date listed on SAM.gov under solicitation number 70Z08424QAA550100. The contract will have a one-year base period and four one-year options and will be a firm-fixed price award.

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Other files

File	Type	Posted
Technical Exhibit 4 - Monitoring and Analytical Requirements VA0087327.pdf	PDF	Oct 27, 2023
PWS_Waste Water Treatment_Amendment 1.pdf	PDF	Oct 27, 2023
Attachment 3 Technical Exhibit 2 SFO WWTP Maintenance.pdf	PDF	Oct 19, 2023
Attachment 6 WWT SOLICITATION PROVISIONS AND CLAUSES.pdf	PDF	Oct 19, 2023
Attachment 4 Schedule of Pricing.xlsx	XLSX spreadsheet	Oct 19, 2023
Attachment 2 Technical Exhibit 1 Operators Responsibilities from OM Manual.pdf	PDF	Oct 19, 2023
Attachment 5 WD 2015-4327 Rev. 24 dated 06_30_2023.pdf	PDF	Oct 19, 2023
Attachment 1 PWS Waste Water Treatment.pdf	PDF	Oct 19, 2023

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Commonwealth of Virginia

VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

Permit No: VA0087327 Effective Date: July 1, 2022 Expiration Date: June 30, 2027

AUTHORIZATION TO DISCHARGE UNDER THE

VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM

AND

THE VIRGINIA STATE WATER CONTROL LAW

oitipliaxice with tfce-provi-siors of tfae-Cte^n-Wat^r A-ct-as "amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the information submitted with the permit application, and with this permit cover page, and Parts I and II of this permit, as set forth herein.

Owner: U. S. Coast Guard Facility Name: U. S. Coast Guard SFO Eastern Shore City: Chincoteague County: Accomack Facility Location: 3823 South Main Street, Chincoteague, VA 23336

The owner is authorized to discharge to the following receiving stream:

Stream: Chincoteague Channel River Basin: Chesapeake Bay, Atlantic Ocean and Small Coastal River Subbasin: N/A Section: Ib Class: II Special Standards: a a' R. Ni 1, egional Director idewater Regional Office x ( ->^~ D te

PART I

Permit No. VA0087327

A. LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall: 001.

Such discharges shall be limited and monitored by the permittee as specified below:

EFFLUENT CHARACTERISTICS

Flow (MOD) [a][3] pH (S. U.)

BODs (mg/1; kg/d)[c] Influent BODs (mg/1)[d] BODs Percent Removal [d] Total Suspended Solids (mg/1; kg/d)[c]

Influent TSS (mg/1)[d] TSS Percent Removal [d] Total Residual Chlorine (TRC) (mg/1)[b][c] Fecal Coliform(N/CML)**[b]

Enterococci (N/CML)**[b]

Ammonia Nitrogen (NH3-N) (mg/1; kg/d)[c] Dissolved Oxygen (mg/1) Total .Kjeldhal Nitrogen (TKN) (mg/1; kg/d)[c] Oil and Grease (mg/1)

Monthl

85%

0. 013

Avera e

0. 23

0. 38 week 1

0. 015

DISCHARGE LIMITATIONS

Weekl Avera e Minimum

0. 34

0. 57

MONITORING REQUIREMENTS

3.0

0. 07

4.5

0. 10

.nimum

6.0

5.0

Maximum

9.0

Frequency

1/Day

1/Day 1/Month 1/Month 1/Year

1/Month 1/Month 1/Year

1/Day 1/Month (Be-tween 10am & 1/Week (Be-tween 10am &

1/3 Months 1/Day

1/Month 1/Year

Sample T e

. Estimate

Grab Grab Grab [e] Calculation

Grab Grab [e] Calculation

Grab Grab

4pm)' Grab

4pm

Grab Grab

NA = Not Applicable.

NL = No limitation, however, reporting is required.

**Geometric Mean l/Year = Between January 1 and December 31, due January 10 of following year 1/3 Months - In accordance with the following schedule: Jan. 1-March 31 due Apr. 10th; Apr. 1-June 30 due July 10t11; July 1-Sept. 30 due Oct. 10th;

Oct. 1-Dec. 31 due Jan. 10th

Upon issuance of the permit, Discharge Monitoring Reports (e-DMRs) shall be submitted to the regional office at the frequency required by the permit regardless of whether an actual discharge occurs. In the event that there is no discharge for the monitoring period, then "no discharge" shall be reported on the e-DMR.[

[a] See Part I. e. 5. for exceeding 95% of the design capacity three months consecutively.

[b] See Part I. B. for other total, residual chlorine limitations and bacterial effluent limitations. Samples shall be analyzed in accordance with

40CFR141.21, except that max. holding times shall be limited to 6 hr.

[c] See Parts I. e. 6. and I. e. 7. for quantification levels and reporting requirements, respectively.

[d] At least 85% removal for BODs and TSS shall be att'ained for this effluent. The permittee shall report the influent BODs and

TSS percent removal annually. Influent sampling frequency shall be 1/Week for 1 month per year. The monthly average BODs and TSS influent concentrations and percent removal shall be reported on the January 10 e-DMRs. See Part I.B. 12. for additional requirements related to demonstration of secondary treatment.

[el A composite sample can be taken. If composites are performed it is to be noted on the e-DMR for the monitoring period

2. The design flow of this treatment facility (Phase I) is 0. 006 MGD

3. There shall be no discharge of floating solids or visible foam in other than trace amounts

Part I

B. ADDITIONAL TOTAL RESIDUAL CHLORINE (TRC) LIMITATIONS AND MONITORING

REQUIREMENTS

1. a. The permittee shall monitor the TRC at the outlet of the chlorine contact tank, prior to dechlorination, once per day by grab sample.

b. No more than 3 of all samples taken after the chlorine contact tank, prior to dechlorination, shall be less than

1. 5 mg/1 for any one calendar month.

c. No TRC sample collected after the chlorine contact tank, prior to dechlorination, shall be less than 0. 6 mg/1.

2 . Enterococci sampling and analysis shall be performed in accordance with one of the following methods:

1. EPA Method 1600:Membrane Filtration Method for Enterococci in Water

2. Standard Methods (18th, 19th, 20th editions) Method 923 OB: Multiple Tube Technique for Fecal Streptococcus and Enterococcus Groups

3. Standard Methods (18th, 19th, 20th editions) Method 923OC: Membrane Filter Techniques for Fecal Streptococcus and Enterococcus Groups

4. ASTM Method D6503 (ASTM Volume 11. 02): Standard Test Method of Enterococci in Water Using Enterolet T

C. OTHER REQUIREMENTS OR SPECIAL CONDITIONS

1. Sludge Reopener

The State Water Control Board may promptly modify or revoke and reissue this permit if any applicable standard for sewage sludge use or disposal promulgated under Section 405(d) of the Clean Water Act is more stringent than any requirements for sludge use or disposal in this permit, or controls a pollutant or practice not limited in this permit.

2 Licensed Operator Requirement

The permittee shall employ or contract at least one Class III licensed wastewater works operator for this facility. The license shall be issued in accordance with Title 54. 1 of the Code of Virginia and the regulations of the State Water Control Board for Waterworks and Wastewater Works Operators. The permittee shall notify the Tidewater Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with this requirement. The notification shall include a statement of reasons .and a prompt schedule for achieving compliance

3. Reliability Class

The permitted treatment works shall meet Reliability Class I

4. CTC, CTO and Operations and Maintenance (0 & M) Manual Requirements

The permittee shall, in accordance with the DEQ Sewage Collection and Treatment Regulations, obtain a Certificate to Construct (CTC), and a Certificate to Operate (CTO) from the DEQ Regional Office prior to constructing wastewater treatment facilities and operating the facilities, respectively.

Noncompliance with the CTC or CTO shall be deemed a violation of the permit.

The permittee shall maintain a current Operations and Maintenance (O&M) Manual for the treatment works that is in accordance with Virginia Pollutant Discharge Elimination System Regulations, 9VAC25-31 and (for sewage treatment plants) Sewage Collection and Treatment Regulations, 9VAC25-790.

The O&M Manual and subsequent revisions shall include the manual effective date and meet Part II.K. 2 and Part II.K.4 Signatory Requirements of the permit. Any changes in the practices and procedures followed by the permittee shall be documented in the O&M Manual within 90 days of the effective date of the changes. The permittee shall operate the treatment works in accordance with the O&M Manual and shall make the O&M manual available to Department personnel for review during facility inspections. Within 30 days of a request by DEQ, the

Page 4 .of 6 current O&M Manual shall be submitted to the DEQ Regional Office for review and approval.

The O&M Manual shall detail the practices and procedures which will be followed to ensure compliance with the requirements of this permit. This manual shall include, but not necessarily be limited to, the following items, as appropriate:

a. Permitted outfall locations and techniques to be employed in the collection, preservation, and analysis of effluent, storm water and sludge samples;

b. Procedures for measuring and recording the duration and volume of treated wastewater discharged;

c. Discussion of Best Management Practices, if applicable;

d. Procedures for handling, storing, and disposing of all wastes, fluids, and pollutants that will prevent these materials from reaching state waters. List type and quantity of wastes, fluids, and chemicals stored, if any, at this facility;

e. Discussion of treatment works design, treatment works operation, routine preventative maintenance of units within the treatment works, critical spare parts inventory and record keeping;

f. Plan for the management and/or disposal of waste solids and residues;

g. Hours of operation and staffing requirements for the plant to ensure effective operation of the treatment works and maintain permit compliance;

h. List of facility, local and state emergency contacts; and,

i. Procedures for reporting and responding to any spills/overflows/treatment works upsets.

95% Design Capacity Notification

A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to the DEQ Regional Office when the monthly average flow influent to the. sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the DEQ Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit.

Quantification Levels Under Part I.A

a. Quantification levels shall be as follows:

Effluent Characteristic

BOD5 (mg/1) Total Suspended Solids (mg/1) Chlorine (mg/1) TKN (mg/1) Ammonia (mg/1)

Part I Permit No. VA0087327

Quantification Level

1.0

0. 10

0. 50

0. 20

b. The permittee may use any approved method which has a QL equal to or lower than the QL listed in I. C. 6. a. above.

The QL is defined as the lowest concentration used to calibrate a measurement system in accordance with the procedures published for the method.

7. Compliance Reporting Under Part I. A.

a. Monthly Average -- Compliance with the monthly average limitations and/or reporting requirements for the parameters listed in Part I. C. 6. a. shall be determined as follows: All data below the quantification level (QL) listed in Parfc I. C. 6. a. above shall be treated as zero.

All data equal to or above the QL listed in Part I. C. 6. a.

above shall be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros, for the month. This arithmetic average shall be reported on the DMR as calculated. If all data are below the QL, then the average shall be reported as <QL.

b. Maximum Weekly Average -- Compliance with the weekly average limitations and/or reporting requirements for the parameters listed in Part I. C. 6. a. shall be determined as follows: All data below the quantification level (QL) listed. in Part I. C. 6. a. above shall be treated as zero.

All data equal to or above the QL shall be treated as reported. An arithmetic average shall be calculated using all reported data, including the defined zeros, collected within each complete calendar week and contained within the reporting month. The maximum value of the weekly averages thus determined shall be reported on the Discharge Monitoring report (DMR). If all data are below the QL, then the average shall be reported as <QL.

c. Any single datum required shall be reported as "<QL"' if it is less than the QL listed in Part I. C. 6. a. above.

Otherwise, the numerical value shall be reported.

d. Where possible, all limit values on the Part I. A. limits page(s) are expressed in two significant figures. As a result, single, trailing zeros occurring after any single digit are significant. Effluent limits of 10 or greater are rounded to two significant whole numbers, with the exception that loading limits are expressed as whole numbers.

e. The permittee shall report at least the same number of significant figures as the permit limit for a given parameter. Regardless of the rounding convention used

(i. e., 5 always rounding up or to the nearest even number)by the permittee, the permittee shall use the convention consistently, and shall ensure that consulting laboratories employed by the permittee use the same convention.

Sludge Management Plan

The permittee shall conduct all sewage sludge use or disposal activities in accordance with the Sludge Management Plan (SMP) approved with the issuance of this permit. Any proposed changes in the sewage sludge use or disposal practices or procedures followed by the permittee shall be documented and siibmitted for Department of Environmental Quality (DEQ) and Department o£ Health approval 90 days prior to the effective date of the changes.. Upon approval, the SMP becomes an enforceable part of the permit. The permit may be modified or, alternatively, revoked and reissued to incorporate limitations/conditions necessitated by substantive changes in sewage sludge use or disposal practices.

Demonstration of Secondary Treatment

a. The permittee shall monitor and report the influent CBOD5 and TSS concentrations and calculated percent removal on an annual basis. The annual monitoring period shall be January- December.

b. 'During the month(s) that influent sampling is performed for percent removal reporting purposes, influent sampling shall be performed at the same frequency as the corresponding effluent samples.

c. Monthly average influent and effluent concentrations shall be used to calculate monthly average percent removal values.

If the monthly average effluent concentration is less than the quantification level (QL) specified in Part I.E., then the QL shall be used to calculate the monthly average percent removal. The monthly average percent removal values shall be reported on the DMR by the 10th day of the month following the monitoring period.

Permit Maintenance Fees

Any owner whose permit is effective as of April 1st of a given calendar year (including permits that have been administratively continued) shall pay the applicable permit maintenance fee (s) to the Department by October 1st of that same calendar year. No permit will be reissued or administratively continued without payment of the required fee (s)

Permit Number VA0087327

Part II

CONDITIONS APPLICABLE TO ALL VPDES PERMITS

Monitorin

Samples and measurements taken as required by this permit shall be representative of the monitored activity.

Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U. S. Environmental Protection Agency, unless other procedures have been specified in this permit.

The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements.

All analysis for compliance with effluent limitations shall be 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 individual(s) who performed the sampling or measurements;

c. The date(s) and time(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniques or methods used; and

f. The results of such analyses.

2 . Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain 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 application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. 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. Re ortin Monitorin Results

1. The permittee shall si±>mit 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.

Part II

Monitoring results shall be submitted to:

Department of Environmental Quality Tidewater Regional Office 5636 Southern Boulevard

Virginia Beach, Virginia 23462

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department.

3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations 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 the 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.

Dut to Provide Information

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 his 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.

Corn liance Schedule Re arts

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.

Unauthorized Dischar es

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.

Permit Number VAO087327

Re crts of Unauthorized Dischar es

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 iin-author! zed discharge shall be submitted to the Department, within five days of discovery of the discharge. The 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.

H. Re arts of Unusual or Extraordinar 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 effects 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. 1. 2. . Unusual and extra-ordinary discharges include but are not limited to 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. Re arts of Noncom liance

The permittee shall report any noncompliance which may adversely affect state waters or may endanger public health.

Permit Number VAO087327

Part II

1. 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 this paragraph:

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2 A written report shall be submitted within 5 days and shall contain:

a. A description of the noncompliance and its cause;

b. 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

c. 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.

3 . The permittee shall report all instances of noncompliance not reported under Parts II. 1. 1. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II. I. 2.

NOTE: The immediate (within 24 hours) reports required in Parts II.G., H. and I. may be made to the Department's Regional Office at

(757) 518-2000 (voice), and to report online:

htt s://portal. deq. vir inia. gov/ re /Report/Create

For reports outside normal working hours, leave a message 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.

Notice of Planned Chan es

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:

(1) After promulgation of standards of performance under Section 306 of Clean Water Act which are applicable to such source; or

(2) After proposal of standards of performance in accordance with Section 306 of Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal;

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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. l., 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. l.;

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.

4 Certification. Any person signing a document under Parts II. K. l. 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. Dut to Corn 1

The permittee shall comply with all conditions of this pennit. 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 termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established iinder Section 405 (d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, 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 apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 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 applications 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 ri.ghts, or any infringement of federal, state or local law or regulations.

0. 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 Section 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 Liabilit

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 Sections 62. 1-44. 34:14 through 62. 1-

44. 34:23 of the State Water Control Law.

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. Dis osal 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.

Dut to Miti ate

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.

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 Parts II.U. 2. and U. 3.

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 ten 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.

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.

Permit Number VAO087327

Part II

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 P^rfc II.U. 3. a.

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 cause(s) 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.

Ins ection and Entr

The permittee shall allow the Director, or an authorized representative, 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 iinder 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.

Permit Actions

Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

Transfer of ermits

Permits are not transferable to any person except after notice to the Department. Except as provided in Part II.Y. 2., a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked arid reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act.

As an alternative to transfers under Part 'II.Y. l. this permit may be automatically transferred to a new permittee if:

a. The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property;

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 modify or revoke and reissue 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.

Severabilit

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.

CONDITIONS APPLICABLE TO ALL VPDES PERMITS

A. Monitorin

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 Title 40 Code of Federal Regulations 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 insure accuracy of measurements.

4. All analysis for compliance with effluent limitations shall be 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 individual(s) who performed the sampling or measurements;

c. The date(s) and time(s) analyses were performed;

d. The individual(s) who performed the analyses;

e. The analytical techniq-ues or methods used; and

f. The results of such analyses.

2 . Except for records of monitoring information required by this permit related to the permittee 's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain 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 application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. 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 siibmitted to:

Department of Environmental Quality Tidewater Regional Office 5636 Southern Boulevard

Virginia Beach, Virginia 23462

2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department.

3 . If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations 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 the 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.

D. Dut 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 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 his 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. Corn liance Schedule Re arts

F. Unauthorized Dischar es

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

G Re crts 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 un-authorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The 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.

H. Re crts of Unusual or Extraordina Dischar es

If any imusual 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 effects 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. 2. Unusual and extra-ordinary discharges include but are not limited to 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.

Re arts of Noncom liance

The permittee shall report any noncompliance which may adversely affect state waters or may endanger public health.

a. Any unanticipated bypass; and

b. Any upset which causes a discharge to surface waters.

2. A written report shall be submitted within S days and shall contain:

a. A description of the noncompliance and its cause;

b. 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

c. 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 honcompliance under Part II.I. if the oral report has been received within 24 hours and no adverse impact on state waters has been reported.

NOTE: The immediate (within 24 hours) reports required in Parts II.G., H. and I. may be made to the Department's Regional Office at

(757) 518-2000 (voice), and to report online:

htt s:I I ortal. de . vir inia. ov/ re /Re ort/Create

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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b. For a partnership or sole proprietorship: by a general.

partner or the proprietor, respectively; or

c. For a miinicipality, 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.

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. l., 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. l.;

Department.

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.

Certification. Any person signing a document under Parts II. K. l. or 2. shall make the following certification:

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