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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 196. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons Per Day or Less

9VAC25-196-60. Registration statement.

A. Deadlines for submitting registration statements. The owner seeking coverage under this general permit shall submit a complete VPDES general permit registration statement in accordance with this chapter, which shall serve as a notice of intent for coverage under the VPDES general permit regulation for noncontact cooling water discharges of 50,000 gallons per day or less.

1. New facilities. Any owner proposing a new discharge shall submit a complete registration statement at least 60 days prior to the date planned for commencing operation of the new discharge.

2. Existing facilities.

a. Any owner covered by a VPDES individual permit that is proposing to be covered by this general permit shall submit a complete registration statement at least 240 days prior to the expiration date of the VPDES individual permit or a later submittal established by the department.

b. Any owner that was authorized to discharge under the expiring or expired VPDES general permit for noncontact cooling water discharges of 50,000 gallons per day or less and that intends to continue coverage under this general permit shall submit a complete registration statement to the department at least 60 days prior to the expiration date of the existing permit or a later submittal established by the department.

B. Late registration statements. Registration statements will be accepted after the expiration date of the general permit, but authorization to discharge will not be retroactive.

C. The required registration statement shall contain the following information:

1. Facility name and address, owner name, mailing address, telephone number, and email address (if available);

2. Operator name, mailing address, telephone number, and email address (if available) if different from owner;

3. State Corporation Commission entity identification number if the facility is required to obtain an entity identification number by law;

4. Current VPDES permit registration number (if applicable);

5. List of point source discharges that are not composed entirely of cooling water;

6. List of type and size (tons) of cooling equipment or noncontact cooling water processes;

7. The following information if any chemical or nonchemical treatment is employed in each cooling water system:

a. Description of the treatment to be employed (both chemical and nonchemical) and its purpose; for chemical additives other than chlorine, provide the information prescribed in subdivisions 7 b, c, d, e, and f of this subsection;

b. Name and manufacturer of each additive used;

c. List of active ingredients and percent composition of each additive;

d. Proposed dosing schedule and quantity of chemical usage, and either an engineering analysis or a technical evaluation of the active ingredients to determine the discharge concentration of each contaminant;

e. Available aquatic toxicity information for each proposed additive used;

f. Any other information such as product or constituent degradation, fate, transport, synergies, bioavailability, etc., that will aid the department with the toxicity evaluation of the discharge; and

g. Safety data sheet for each proposed additive;

8. Description of any type of treatment or retention being provided to the wastewater before discharge (i.e., retention ponds, settling ponds, etc.);

9. A schematic drawing of the cooling water equipment that shows the source of the cooling water, its flow through the facility, and each noncontact cooling water discharge point;

10. A USGS 7.5 minute topographic map or equivalent computer generated map extending to at least one mile beyond the property boundary. The map must show the outline of the facility and the location of each of its existing and proposed intake and discharge points, and must include all springs, rivers, and other surface water bodies;

11. The following discharge information:

a. A list of all cooling water discharges identified by a unique number, latitude, and longitude;

b. The source of cooling water for each discharge;

c. An estimate of the maximum daily flow in gallons per day for each discharge;

d. The name of the waterbody receiving direct discharge or discharge through the municipal separate storm sewer system (MS4); and

e. The duration and frequency of the discharge for each separate discharge point;

12. A determination of whether the facility will discharge to a MS4. If the facility discharges to a MS4, the facility owner must notify the owner of the MS4 of the existence of the discharge at the time of registration under this permit and include that notification with the registration statement. The notice shall include the following information: the name of the facility, a contact person and contact information (telephone number and email), the location of the discharge, the nature of the discharge, and the facility's VPDES general permit registration number if a reissuance;

13. The following cooling water intake structure information:

a. A determination of the cooling water intake source (e.g., groundwater, surface water, third-party supplier); and

b. For surface water intakes or nonpotable surface water received from a third-party supplier, the following information:

(1) Source water physical data (water body description, hydrology, chemistry, and area of influence of intake structure);

(2) Cooling water intake structure data (screen size, through screen velocity, configuration of intake, flows, a water balance diagram, and typical operations);

(3) Source water baseline biological characterization data (any available studies);

(4) Cooling water system data (configuration of the cooling water system and water reuse); and

(5) Operational status (description of current and future production schedules); and

14. 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."

D. The registration statement shall be signed in accordance with 9VAC25-31-110.

E. The registration statement shall be delivered by either postal or electronic mail to the DEQ regional office serving the area where the facility is located. Following notification from the department of the start date for the required electronic submission of Notices of Intent to Discharge forms (i.e., registration statements), as provided for in 9VAC25-31-1020, such forms submitted after that date shall be electronically submitted to the department in compliance with this section and 9VAC25-31-1020. There shall be at least a three-month notice provided between the notification from the department and the date after which such forms must be submitted electronically.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 14, Issue 9, eff. March 1, 1998; amended, Virginia Register Volume 19, Issue 10, eff. March 2, 2003; Volume 24, Issue 9, eff. February 6, 2008; eff. Volume 29, Issue 4, eff. March 2, 2013; Volume 34, Issue 10, eff. March 2, 2018; Volume 39, Issue 11, eff. April 1, 2023.

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