City of Richmond, Virginia. MS4 Program Plan

Transcription

1 City of Richmond, Virginia MS4 Program Plan MS4 Program Plan City of Richmond, Virginia Reporting Period: July 1, 2013 June 30, 2018 Permit Number: VAR In compliance with the Virginia Stormwater Management Program (VSMP) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4)

2 City of Richmond, Virginia MS4 Program Plan TABLE OF CONTENTS MS4 Program Plan LIST OF TABLES... 3 LIST OF FIGURES... 3 A. INTRODUCTION... 4 B. ORGANIZATIONAL STRUCTURE... 5 C. CONTACT INFORMATION ACRONYMS AND ABBREVIATIONS... 7 D. WATERSHEDS... 8 E. MINIMUM CONTROL MEASURES MCM - PUBLIC OUTREACH & EDUCATION ON STORMWATER PROJECTS BMP 1A GENERAL PUBLIC EDUCATION AND OUTREACH BMP 1B PICK UP THE POOP DON T POLLUTE BMP 1C BUILD A BARREL SAVE THE BAY: RAIN BARREL PROJECT BMP 1D NEIGHBORHOOD MEETINGS BMP 1D STORMWATER EDUCATION PRESENTATIONS BMP 1E FOG CAMPAIGN MCM - PUBLIC INVOLVEMENT & PARTICIPATION BMP 2A PUBLIC NOTICE AND PARTICIPATION BMP 2B DRAIN MARKING EVENT BMP 2C NEIGHBORHOOD CLEAN UPS BMP A HOUSEHOLD HAZARDOUS WASTE EVENT MCM - ILLICIT DISCHARGE DETECTION AND ELIMINATION BMP 3A STORM SEWER MAP BMP 3B STORM SEWER ORDINANCE BMP 3C OUTFALL SCREENING AND ILLICIT DISCHARGE INVESTIGATIONS MCM - CONSTRUCTION SITE STORMWATER RUNOFF CONTROL BMP 4A MAINTAIN DEQ EROSION AND SEDIMENT CONTROL PROGRAM BMP 4B VPDES PERMITS FOR CONSTRUCTION ACTIVITIES... 23

3 City of Richmond, Virginia MS4 Program Plan 5. MCM - POST CONSTRUCTION STORMWATER MANAGEMENT BMP 5A BMP INVENTORY BMP 5B BMP MAINTENANCE AGREEMENTS BMP 5C PUBLIC BMP FACILITY INSPECTION AND MAINTENANCE BMP 5D PRIVATE BMP FACILITY INSPECTION AND ENFORCEMENT MCM - POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS BMP 6A MUNICIPAL HIGH PRIORITY FACILITY IDENTIFICATION BMP 6B POLLUTION PREVENTION TRAINING E. VIRGNIA TOTAL MAXIMUM DAILY LOAD (TMDL) APPENDICIES LIST OF TABLES Table 1 ESTIMATED TARGET AUDIENCES Table 2. TMDL SPECIAL CONDITIONS LIST OF FIGURES Figure 1. STORMWATER UTILITY ORG CHART... 6 Figure 2.SUBWATERSHED MAP OF RICHMOND... 8 Figure 3. CHESAPEKE BAY WATERSHED MAP... 9

4 City of Richmond, Virginia MS4 Program Plan A. INTRODUCTION The City of Richmond is an independent city located in the central part of the Commonwealth of Virginia and is surrounded by Henrico & Chesterfield Counties. Approximately 16, 791 acres of the city drains to a combined sewer system. The other 23, 240 acres drains to a small Municipal Separate Storm Sewer System (MS4). A municipal separate storm sewer means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: 1. Owned or operated by a federal, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction or delegated authority for erosion and sediment control and stormwater management, or a designated and approved management agency under 208 of the CWA that discharges to surface waters; 2. Designed or used for collecting or conveying stormwater; 3. That is not a combined sewer; and 4. That is not part of a publicly owned treatment Utilities. The US Census in 2010 determined the City s population to be 204,214 that the City is within an Urbanized Area, and thus subject to the General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems, which became effective July 1, 2013 and will expire on June 30, 2018 when a new permit cycle is expected to become effective. The MS4 p ermit requires the City to develop and MS4 Program Plan (this document), and to submit Annual Reports for each period between July 1 through June 30. Modifications to the MS4 Program Plan are expected throughout the life of the permit as part of the iterative process to reduce pollutant loadings and to protect water quality. The City s MS4 Program Plan and Annual Reports available on the City s Stormwater webpages: Additional information on the laws and regulations affecting the City and its operation of an MS4 can be found in: Virginia Stormwater Management Act, Article 2.3 ( et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia Virginia Administrative Code, 9VAC25-870, Virginia Stormwater Management Program (VSMP) Regulations Virginia Administrative Code, 9VAC , General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems Virginia Department of Environmental Quality, Municipal Separate Storm Sewer Systems,

5 City of Richmond, Virginia MS4 Program Plan er mits.aspx B. ORGANIZATIONAL STRUCTURE The City of Richmond s Public Utilities Department coordinates the City s municipal separate storm sewer system (MS4) program within the Stormwater Utility. The Stormwater Utility manages the MS4 permit, Operations and Maintenance of the MS4 storm sewer system, onsite active construction & permitting, Post-construction BMP inspection, and the illicit discharge program. The Chief Administrative Officer is responsible for providing the appropriate certification for documents. The Director of Public Utilities oversees the Stormwater Utility Department. The Department of Public Utilities, Department of Public Works, the Department of Parks and Recreation, the Police Department and the Richmond Fire Department are the major contributors to Richmond s MS4 Program although it is recognized that this is a citywide.

6 FIGURE 1. STORMWATER UTILITY ORG CHART City of Richmond, Virginia MS4 Program Plan C. CONTACT INFORMATION Principal Executive Officer Title: Name: Address: Interim Chief Administrative Officer Christopher Beschler 900 E Broad Street, 2 nd floor Richmond, Virginia Phone: (804) chris.beschler@richmondgov.com Duly Authorized Representatives Title: Name: Address: Director of Public Utilities Robert Steidel 730 East Broad St. Richmond, Virginia Phone: (804) Robert.Steidel@richmondgov.com Title: Name: Address: Program Manager Grace LeRose 730 East Broad St. Richmond, Virginia Phone: (804) grace.lerose@richmondgov.com Title: Name: Address: Outreach Coordinator Gay Stokes 730 East Broad St. Richmond, Virginia Phone: (804) gay.stokes@richmondgov.com Title: Name: Address: Public Information Manager Angela Fountain 730 East Broad St. Richmond, Virginia Phone: (804) angela.fountain@richmondgov.com Title: Name: Address: MS4 Operation Manager Jonét Prévost-White 730 East Broad St. Richmond, Virginia Phone: (804) jonet.prevost-white@richmondgov.com Title: Name: Address: Environmental Compliance Officer Eric Whitehurst 1400 Brander Street. Richmond, Virginia Phone: (804) eric.whitehurst@richmondgov.com Title: Name: Address: O & M Operations Manager Howard Glenn 400 Jefferson Davis Hwy Richmond, Virginia Phone: (804) Howard.glenn@richmondgov.com

7 City of Richmond, Virginia MS4 Program Plan 1. ACRONYMS AND ABBREVIATIONS Bay BMP DEQ DPU DPW EMA EPA GIS HUC IDDE MS4 SWPPP TMDL VPDES VSMP Chesapeake Bay Best management practice Virginia Department of Environmental Quality Richmond Department of Public Utilities Richmond Department of Public Works Easement and Maintenance Agreement United States Environmental Protection Agency Geographic information systems Hydrologic unit code Illicit discharge detection and elimination Municipal separate storm sewer system Stormwater Pollution Prevention Plan Total maximum daily load Virginia Pollution Discharge & Elimination System Permit Virginia Stormwater Management Program

8 City of Richmond, Virginia MS4 Program Plan D. WATERSHEDS The City of Richmond also drains into the Chesapeake Bay Watershed. The Chesapeake Bay Watershed is 64,000 square miles and includes portions of New York, Pennsylvania, Delaware, Maryland, West Virginia, and Virginia. Altogether, more than 100,000 streams, creeks and rivers make up the Chesapeake Bay Watershed. As part of the Special Conditions for the Chesapeake Bay TMDL, the MS4 Permit requires the City of Richmond to address impairments for bacteria, phosphorus, nitrogen, and sediment that enter the Chesapeake Bay FIGURE 2.SUBWATERSHED MAP OF RICHMOND

9 FIGURE 3. CHESAPEKE BAY WATERSHED MAP City of Richmond, Virginia MS4 Program Plan

10 E. MINIMUM CONTROL MEASURES City of Richmond, Virginia MS4 Program Plan The MS4 Program Plan details the City of Richmond s comprehensive program to manage the quality of stormwater runoff discharged from the MS4. This section of the MS4 Program plan is categorized into the following six minimum control measures and special conditions for TMDLs: 1. MCM - PUBLIC OUTREACH & EDUCATION ON STORMWATER PROJECTS Permit Requirements: - The public education and outreach program should be designed with consideration of the following goals: (1) Increasing target audience knowledge about the steps that can be taken to reduce stormwater pollution, placing priority on reducing impacts to impaired waters and other local water pollution concerns; (2) Increasing target audience knowledge of hazards associated with illegal discharges and improper disposal of waste, including pertinent legal implications; and (3) Implementing a diverse program with strategies that are targeted towards audiences most likely to have significant stormwater impacts. Section II.B.1.c. - The updated program shall be designed to: (1) Identify, at a minimum, three high- priority water quality issues, that contribute to the discharge of stormwater (e.g., Chesapeake Bay nutrients, pet wastes and local bacteria TMDLs, high-quality receiving waters, and illicit discharges from commercial sites) and a rationale for the selection of the three high-priority water quality issues; (2) Identify and estimate the population size of the target audience or audiences who is most likely to have significant impacts for each high-priority water quality issue; (3) Develop relevant message or messages and associated educational and outreach materials (e.g., various media such as printed materials, billboard and mass transit advertisements, signage at select locations, radio advertisements, television advertisements, websites, and social media) for message distribution to the selected target audiences while considering the viewpoints and concerns of the target audiences including minorities, disadvantaged audiences, and minors; (4) Provide for public participation during public education and outreach program development; (5) Annually conduct sufficient education and outreach activities designed to reach an equivalent 20% of each high-priority issue target audience. It shall not be considered noncompliance for failure to reach 20% of the target audience. However, it shall be a compliance issue if insufficient effort is made to annually reach a minimum of 20% of the target audience; and (6) Provide for the adjustment of target audiences and messages including educational materials and delivery mechanisms to reach target audiences in order to address any observed weaknesses or shortcomings. BMP 1A GENERAL PUBLIC EDUCATION AND OUTREACH Description: The City has developed educational programs, pollution campaigns and a public meeting series to help educate citizens about stormwater pollution and high-priority solutions. Pollution, pet waste and general stormwater literature is handed out and distributed in at local events and civic group meetings. In addition to sitting on the board of the James River Association, being a business forum

11 City of Richmond, Virginia MS4 Program Plan member with Alliance for the Chesapeake Bay, partnering with the P.U.P Club, Clean City Commission and Central Virginia Waste Management Authority (CVWMA), the City also participates in other environmentally focused events. The City has identified three high-priority water quality issues that contribute to the pollution of the stormwater runoff within the City s MS4 areas. Pollution prevention and illicit discharge awareness - The City storm drains and inlets are clogged with a variety of debris and trash, including leaves and sediment. Clogged are the major cause of localized flooding. With over 35,000 inlets to maintain annually, cleaning inlets is timeconsuming and requires expensive equipment. Reducing bacteria pollution from pet waste There are over 56,000 pet owners in the City of Richmond. Several new neighborhoods have seen an increase in new residential living space, bring more pet ownership and a need for pet waste control. Reducing nutrients pollution from improper application of fertilizers Over fertilization o lawns provides a direct runoff recourse of nitrogen and phosphorus to the City s waterways. With approximately 53,000 residential properties, creating public awareness on the importance of reducing fertilizer use on lawns and the effects of over fertilization would go far in helping to reduce these pollutants in our waterways. TABLE 1 ESTIMATED TARGET AUDIENCES Water Quality Issue Target Audience Population Target Audience Population PP Awareness All City residents 215, 000 Pet Waste Dog Owners 56,000 Nutrient Pollution City Residents, Lawn Care professionals 50,000 Goals and Objectives: The MS4 Permit requires the City of Richmond to design public education and outreach programs with consideration of the following goals: 1. Increasing stormwater awareness throughout the entire city. 2. Increasing overall knowledge about the effects of pollution, prevention and in the impacts on streams and water ways. 3. Bring valuable stormwater education to those groups that would have the greatest impact on the environment.

12 City of Richmond, Virginia MS4 Program Plan Responsible Departments/Employees: Department of Public Utilities Outreach Coordinator Operations Manager Public Information Manager Implementation & Schedule: The city will schedule and attend several local events through the permit year to discuss stormwater and pollution prevention.. The City will also continue to campaign Only rain in the Drain during stormwater presentations. Documentation and Effectiveness: Visitors and participants in meetings will be tracked. BMP 1B PICK UP THE POOP DON T POLLUTE Description: Pet waste is a large contributor to the high bacteria count found in many Richmond streams. Pet owners need to be aware that pet waste is not fertilizer and that runoff impacts the heath our streams. The has a Pick Up the Poop campaign to help bring awareness the many pet owners in the city. Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation & Schedule: The City will provide pet waste bags to pet waste station in the James River Park System and the Department Recreation, Parks and Community Outreach. The City will continue to participate in those community events aimed at pet owners such as Wags and Wine, Blessing of the Animals, and Bark in the Park and hand out pet waste bag key chains, dog bones with pet waste pollution messaging and literature about the importance of keeping pet waste bacteria out of the water way. Distribute literature and pet waste goodie bags to local area veterinarian hospitals, rescue and adoption centers for new pet owners to educate them on the importance of pick up behind their pets. Documentation and Effectiveness: The Park System and the Department of Recreation & Park will be required to give track the number of bags used in the stations. The number of bags distributed will be counted after each event or distribution to a business.

13 BMP 1C BUILD A BARREL SAVE THE BAY: RAIN BARREL PROJECT City of Richmond, Virginia MS4 Program Plan The City of Richmond engages young citizens in the classroom on stormwater education with a fun and exciting rain barrel contest. Young fifth graders get to show their creative talents by painting thoughtful environmental themes and messages on a donated rain barrel. The rain barrels are first donated to the city by local company. In turn, the Children paint the barrels for a class prize. Barrels are then donated to local homeowners to help reduce the amount of stormwater runoff from rooftops. The barrel are assembled and installed by DPU maintenance crews Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation & Schedule: The rain barrel contest will begin in the early spring and the winners announced before the Earth Day festival. Rain barrels will be distributed on an as requested basis. Documentation and Effectiveness: Donate barrels will counted and tracked. Homeowners who apply for stormwater credit will be filed and tracked. BMP 1D NEIGHBORHOOD MEETINGS The Stormwater Utility s Outreach and education Coordinator will continue to conduct stormwater presentations to civic and local neighborhood groups. A short stormwater presentation is given with a question and answer session about the effects of polluted stormwater and how reducing the impact can keep the James River and the Chesapeake Bay healthy. Stormwater literature and pet waste bags are given to area citizens. Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation & Schedule: Town hall and civic group meetings will be held on an as requested basis with at least four scheduled for the entire permit year. Stormwater presentation will be given at scheduled town hall meetings hosted by City Council members in their respective districts. Documentation and Effectiveness: Sign in sheets will be collected at those events smaller than 30 people. Larger groups a head count will be taken at the time of the event. BMP 1D STORMWATER EDUCATION PRESENTATIONS Stormwater presentations to 5 th and 6 th grade classes in the Richmond public School system will

14 City of Richmond, Virginia MS4 Program Plan be given to coincide with the Stormwater and the effects of erosion and sediment portion of the VA SOL. Coloring books will be distributed to each classroom. Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation & Schedule: Presentation will be given during the regular school year before SOL testing. Documentation and Effectiveness: School names with schedules and teacher names will be logged. The number of coloring books will be counted. BMP 1E FOG CAMPAIGN Fats, Oils and Grease (FOG) discharges by commercial, institutional and homeowners cause blockages in sewer pipes which lead to sewer overflows. These overflows could potentially leak into nearby streams and waterways. The Illicit Discharge/pre-treatment group will go door to door educating local area restaurants and businesses about the effects of Fats, Oils & Grease (FOG) in storm sewer pipes. FOG door hangers are distributed to those area where there is a history of sewer overflows caused by grease in the system. Responsible Departments: Public Utilities Department Environmental Compliance Officer Implementation & Schedule: FOG information will be distributed during the spring and summer months so as to not coincide with the annual fall/winter outfall reconnaissance. This will be an ongoing event. Documentation and Effectiveness: The number of brochures handed out will be counted. A log of the number of businesses visited will be logged. 2. MCM - PUBLIC INVOLVEMENT & PARTICIPATION Permit Requirements: Section II.B.2.a. - Public involvement. (1) The operator shall comply with any applicable federal, state, and local public notice requirements. (2) The operator shall: (a) Maintain an updated MS4 Program Plan. Any required updates to the MS4 Program Plan shall be completed at a minimum of once a year and shall be updated in conjunction with the annual report. The operator shall post copies of each MS4 program plan on its webpage at a minimum of once a year and within 30 days of submittal of the annual report to the department. (b) Post copies of each annual report on the operator's web page within 30 days of submittal to the department and retain

15 City of Richmond, Virginia MS4 Program Plan copies of annual reports online for the duration of this state permit; and (c) Prior to applying for coverage as required by Section Ill M, notify the public and provide for receipt of comment of the proposed MS4 Program Plan that will be submitted with the registration statement. As part of the reapplication, the operator shall address how it considered the comments received in the development of its MS4 Program Plan. The operator shall give public notice by a method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to solicit public participation. Section II.B.2.b. - Public participation. The operator shall participate, through promotion, sponsorship, or other involvement, in a minimum of four local activities annually e.g., stream cleanups; hazardous waste cleanup days; and meetings with watershed associations, environmental advisory committees, and other environmental organizations that operate within proximity to the operator's small MS4. The activities shall be aimed at increasing public participation to reduce stormwater pollutant loads; improve water quality; and support local restoration and clean-up projects, programs, groups, meetings, or other opportunities for public involvement. Section II.B.2.c. - The MS4 Program Plan shall include written procedures for implementing this program. BMP 2A PUBLIC NOTICE AND PARTICIPATION Description: As required, The City of Richmond will review and will update the MS4 Program Plan in conjunction with the Annual Report at a minimum of once a year. The City shall solicit public comment of the MS4 Program Plan prior to applying for coverage and shall address how comments were received on the MS4 Program Plan as part of the reapplication package Goals & Objectives: To solicit public participation and comment through the availability of the MS4 Program Plan. Responsible Departments: Public Utilities Department Operations Manager Program Manager Public Information Manager Schedule of Implementation: The City shall meet maintain an updated MS4 Program Plan. Required updates to the program Plan shall be completed at a minimum of once a year in conjunction with the annual report. The City of Richmond s program Plan can be found on the Stormwater Utility s web page at

16 City of Richmond, Virginia MS4 Program Plan The City shall meet all legal obligations with respect to public notice and comment regarding the stormwater management program and permit requirements. Each annual report shall be posted on the City s webpage within 30 days of the Documentation and effectiveness: The City will provide documentation of public notices issued regarding the stormwater program, the MS4 permit and rep. BMP 2B DRAIN MARKING EVENT Description: The sewer system in the City is intricate and complex. Marking drain inlets will help to educate citizen just where the water (and the pollution) goes once it reaches one of Richmond s many drain inlets. The event is a great way to add an additional educational piece to neighborhood cleanup events. Drain markings can be done in partnership with schools: k-12, higher education, environmental outreach groups, and community organizations. Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation Schedule: This will be an ongoing activity. The City will sponsor drain marking events in local neighborhoods. The City will provide the drain markers with a list of limitations and requirements on how to mark the drains. Documentation and effectiveness: The City will track the amount of markers placed in the field. A map of the location of the drain marker locations. BMP 2C NEIGHBORHOOD CLEAN UPS The City of Richmond partners with several groups that enhance civic involvement and help clean up the environment through volunteerism. The Stormwater Utility has partnered with these organizations to promote these types of events through the website, and social media, as well as organizing equipment and volunteers. Responsible Departments: Public Utilities Department Outreach & Education Coordinator Implementation Schedule: The City will promote and/or sponsor non-profit neighborhood and stream cleanup events through social, media, and . Documentation and effectiveness: The City will document its promotion of events in the annual report.

17 City of Richmond, Virginia MS4 Program Plan BMP A HOUSEHOLD HAZARDOUS WASTE EVENT Household Hazardous waste (HHW) has been identified by the City as a significant potential source of illicit discharge to the storm sewer system. To help prevent such discharges, the city has a sponsored a HHW program. In addition to the HHW, the program also accepts solvents, paints and automotive fluids. l Responsible Departments: Public Utilities Department Environmental Compliance Officer Outreach & Education Coordinator Implementation Schedule: The City will sponsor a HHW collection event to all residents. Documentation and effectiveness: The event will be promoted on local TV stations and through social media. The number of items dropped off items at the event will be tracked. 3. MCM - ILLICIT DISCHARGE DETECTION AND ELIMINATION Permit Requirements: Illicit discharge detection and elimination. Section II.B.3.a The operator shall maintain an accurate storm sewer system map and information table and shall update it in accordance with the schedule set out in Table 1 of this section. (1) The storm sewer system map must show the following, at a minimum: (a) the location of all MS4 outfalls. In cases where the outfall is located outside of the MS4 operator's legal responsibility, the operator may elect to map the known point of discharge location closest to the actual outfall. Each mapped outfall must be given a unique identifier, which must be noted on the map; and (b) the name and location of all waters receiving discharges from the MS4 outfalls and the associated HUC. The associated information table shall include for each outfall the following: (a) The unique identifier; (b) The estimated MS4 acreage served; (c) The name of the receiving surface water and indication as to whether the receiving water is listed as impaired in the Virginia (d)/305(b) Water Quality Assessment Integrated Report; and (d) The name of any applicable TMDL or TMDLs. (3) Within 48 months of coverage under this state permit, the operator shall have a complete and updated storm sewer system map and information table that includes all MS4 outfalls located within the boundaries identified as "urbanized" areas in the 2010 Decennial Census and shall submit the updated information table as an appendix to the annual report. (4) The operator shall maintain a copy of the current storm sewer system map and outfall information table for review upon request by the public or by the department. (5) The operator shall continue to identify other points of discharge. The operator shall notify in writing the downstream MS4 of any known physical interconnection. Section II.B.3.b The operator shall effectively prohibit, through ordinance or other legal mechanism, nonstormwater discharges into the storm sewer system to the extent allowable under federal, state, or local law, regulation, or ordinance. Categories of nonstormwater discharges or flows (i.e., illicit discharges) identified in 4VAC D 2 c (3) must be addressed only if they are identified by the operator as significant contributors of pollutants to the small MS4.

18 City of Richmond, Virginia MS4 Program Plan Flows that have been identified in writing by the Department of Environmental Quality as de minimis discharges are not significant sources of pollutants to surface water and do not require a VPDES permit. Section II.B.3.c The operator shall develop, implement, and update, when appropriate, written procedures to detect, identify, and address unauthorized nonstormwater discharges, including illegal dumping, to the small MS4. These procedures shall include: (1) Written dry weather field screening methodologies to detect and eliminate illicit discharges to the MS4 that include field observations and field screening monitoring and that provide: (a) A prioritized schedule of field screening activities determined by the operator based on such criteria as age of the infrastructure, land use, historical illegal discharges, dumping or cross connections. (b) The minimum number of field screening activities the operator shall complete annually to be determined as follows: (i) if the total number of outfalls in the small MS4 is less than 50, all outfalls shall be screened annually or (ii) if the small MS4 has 50 or more total outfalls, a minimum of 50 outfalls shall be screened annually. (c) Methodologies to collect the general information such as time since the last rain, the quantity of the last rain, site descriptions (e.g., conveyance type and dominant watershed land uses), estimated discharge rate (e.g., width of water surface, approximate depth of water, approximate flow velocity, and flow rate), and visual observations (e.g., order, color, clarity, floatables, deposits or stains, vegetation condition, structural condition, and biology ); (d) A time frame upon which to conduct an investigation or investigations to identify and locate the source of any observed continuous or intermittent nonstormwater discharge prioritized as follows: (i) illicit discharges suspected of being sanitary sewage or significantly contaminated must be investigated first and (ii) investigations of illicit discharges suspected of being less hazardous to human health and safety such as noncontact cooling water or wash water may be delayed until after all suspected sanitary sewage or significantly contaminated discharges have been investigated, eliminated, or identified. Discharges authorized under a separate VPDES or state permit require no further action under this permit. (e) Methodologies to determine the source of all illicit discharges shall be conducted. If an illicit discharge is found, but within six months of the beginning of the investigation neither the source nor the same nonstormwater discharge has been identified, then the operator shall document such in accordance with Section II B 3 f. If the observed discharge is intermittent, the operator must document that a minimum of three separate investigations were made in an attempt to observe the discharge when it was flowing. If these attempts are unsuccessful, the operator shall document such in accordance with Section II B 3 f. (f) Mechanisms to eliminate identified sources of illicit discharges including a description of the policies and procedures for when and how to use legal authorities; (g) Methods for conducting a follow-up investigation in order to verify that the discharge has been eliminated. (h) A mechanism to track all investigations to document: (i) the date or dates that the illicit discharge was observed and reported; (ii) the results of the investigation; (iii) any follow-up to the investigation; (iv) resolution of the investigation; and (v) the date that the investigation was closed. Section II. B.3.d The operator shall promote, publicize, and facilitate public reporting of illicit discharges into or from MS4s. The operator shall conduct inspections in response to complaints and follow- up inspections as needed to ensure that corrective measures have been implemented by the responsible party. BMP 3A STORM SEWER MAP Description: The City is developing a storm sewer system map showing all stormwater outfalls discharging to the waters of the Commonwealth. Popes, catch basins, and inlets. There are 437 known outfalls in the City. The map shall be updated in accordance with the permit. The City shall

19 City of Richmond, Virginia MS4 Program Plan continue to identify physical interconnections with other regulated MS4s and notify in writing any downstream regulated MS4 to which the City is physically interconnected. Goals & Objectives: Maintenance and updates of the Storm Drain System Map. Responsible Departments: Public Utilities Department Operations Manager Program Manager Technical Services GIS Environmental Compliance Officer Implementation Schedule: This measure ensures that the City has a full understanding of its storm sewer system and also enables the City to conduct outfall screening as required in the permit. Documentation and effectiveness: The event will be promoted on local TV stations and through social media. The number of items dropped off items at the event will be tracked. Implementation Schedule: The map will be maintained by DPU Technical Services division. Field verification of outfalls shall be conducted by the illicit discharge group. The City shall update the storm sewer map and outfall information table to include those items listed in Section II.B.3.a of the permit. Map updates shall be completed by PY 4. The updated outfall information table shall be submitted as an appendix to the PY4 annual report. Downstream regulated MS4s shall be notified in writing of any physical interconnections as they are identified by the city. BMP 3B STORM SEWER ORDINANCE Description: The City s Storm sewer ordinance has been adopted to permit, enforce and regulate nonstormwater discharges in the city s storm sewer system. Goals & Objectives: The Stormwater code grants authority to the city or prohibit nonstormwater discharges to the regulated MS4 system. Responsible Departments: Public Utilities Department Operations Manager Program Manager City Attorney s Office

20 City of Richmond, Virginia MS4 Program Plan Implementation Schedule: The ordinance shall be updated and amended as changes are made to Virginia State code. Documentation and effectiveness: The city s Public Utilities Stormwater code can be found at TVIIIST BMP 3C OUTFALL SCREENING AND ILLICIT DISCHARGE INVESTIGATIONS Description: Outfall field screening shall be performed in accordance with Section II.B.3.c of the permit. Goals & Objectives: Written procedures utilized shall aid in consistent documentation when doing field reconnaissance. Responsible Departments: Public Utilities Department Environmental Compliance Officer Implementation Schedule: The City will perform dry weather field screening on 50 priority outfalls annually. Outfalls shall be prioritized for field screening by the City in accordance with the procedures in its SOP. Dry weather discharges will be investigated in accordance with the IDDE manual. Those discharges suspected of being sanitary sewage or significantly contaminated discharges are to be investigated first. Enforcement actions and legal penalties shall be used for incidents of illicit discharge, when necessary, by the City. Incidents of illicit discharge, as well as the outcome of investigations and any follow up investigations or actions will be tracked in the City s database. Documentation and effectiveness: The City will document and track reported illicit discharges or illicit discharges discovered during dry weather field screening, and the results of any investigations in accordance with the requirements in Section II.B.3.c.(1)(h) of the permit. The City will include with each annual report the results of outfall screenings for that permit year. Any follow-up actions required for illicit discharges discovered during the field screening shall also be included. The annual report shall also include a summary of each investigation performed for reported illicit discharges to include investigation results, resolution, and date of investigation closure.

21 City of Richmond, Virginia MS4 Program Plan The City s SOP for Outfall screenings can be found in Appendix A and IDDE investigations can be found in Appendix B. 4. MCM - CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Permit Requirements: - Applicable oversight requirements. The operator shall utilize its legal authority, such as ordinances, permits, orders, specific contract language, and interjurisdictional agreements, to address discharges entering the MS4 from the following land-disturbing activities: (1) Land-disturbing activities as defined in of the Code of Virginia that result in the disturbance of 10,000 square feet or greater; (2) Land-disturbing activities in Tidewater jurisdictions, as defined in of the Code of Virginia, that disturb 2,500 square feet or greater and are located in areas designated as Resource Protection Areas (RPA), Resource Management Areas (RMA) or Intensely Developed Acres (IDA), pursuant to the Chesapeake Bay Preservation Area Designation and Management Regulations adopted pursuant to the Chesapeake Bay Preservation Act; (3) Land-disturbing activities disturbing less than the minimum land disturbance identified in subdivision (1) or (2) above for which a local ordinance requires that an erosion and sediment control plan be developed; and (4) Land-disturbing activities on individual residential lots or sections of residential developments being developed by different property owners and where the total land disturbance of the residential development is 10,000 square feet or greater. The operator may utilize an agreement in lieu of a plan as provided in of the Code of Virginia for this category of land disturbances. Section II.B.4.b. - Required plan approval prior to commencement of the land disturbing activity. The operator shall require that land disturbance not begin until an erosion and sediment control plan or an agreement in lieu of a plan as provided in is approved by a VESCP authority in accordance with the Erosion and Sediment Control Act( et seq.). The plan shall be: (1) Compliant with the minimum standards identified in 4VAC of the Erosion and Sediment Control Regulations; or (2) Compliant with departmentapproved annual standards and specifications. Where applicable, the plan shall be consistent with any additional or more stringent, or both, erosion and sediment control requirements established by state regulation or local ordinance. Section II.B.4.c. - Compliance and enforcement. (1) The operator shall inspect land-disturbing activities for compliance with an approved erosion and sediment control plan or agreement in lieu of a plan in accordance with the minimum standards identified in 4VAC or with department-approved annual standards and specifications.(2) The operator shall implement an inspection schedule for land-disturbing activities identified in Section II B 4 a as follows: (a) Upon initial installation of erosion and sediment controls; (b) At least once during every two-week period; (c) Within 48 hours of any runoff-producing storm event; and (d) Upon completion of the project and prior to the release of any applicable performance bonds. Where an operator establishes an alternative inspection program as provided for in 4VAC B 2, the written schedule shall be implemented in lieu of Section II B 4 c (2) and the written plan shall be included in the MS4 Program Plan. (3) Operator inspections shall be conducted by personnel who hold a certificate of competence in accordance with 4VAC Documentation of

22 City of Richmond, Virginia MS4 Program Plan certification shall be made available upon request by the VESCP authority or other regulatory agency. (4) The operator shall promote to the public a mechanism for receipt of complaints regarding regulated land-disturbing activities and shall follow up on any complaints regarding potential water quality and compliance issues. (5) The operator shall utilize its legal authority to require compliance with the approved plan where an inspection finds that the approved plan is not being properly implemented. (6) The operator shall utilize, as appropriate, its legal authority to require changes to an approved plan when an inspection finds that the approved plan is inadequate to effectively control soil erosion, sediment deposition, and runoff to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. (7) The operator shall require implementation of appropriate controls to prevent nonstormwater discharges to the MS4, such as wastewater, concrete washout, fuels and oils, and other illicit discharges identified during land-disturbing activity inspections of the MS4. The discharge of nonstormwater discharges other than those identified in 4VAC through the MS4 is not authorized by this state permit. (8) The operator may develop and implement a progressive compliance and enforcement strategy provided that such strategy is included in the MS4 Program Plan and is consistent with 4VAC Section II.B.4.d. - Regulatory coordination. The operator shall implement enforceable procedures to require that large construction activities as defined in 4VAC and small construction activities as defined in 4VAC , including municipal construction activities, secure necessary state permit authorizations from the department to discharge stormwater. BMP 4A MAINTAIN DEQ EROSION AND SEDIMENT CONTROL PROGRAM Description: The Virginia Department of Conservation and Recreation performed a review of the City s Erosion and Sediment Control Program in December After minor modifications, the City was determined to be fully consistent with the Virginia Erosion and Sediment Control Regulations. Since that time, the City has maintained its consistency with Virginia s Erosion and Sediment Control Regulations. The City s legal authority, procedures for Erosion and Sediment Control plan review, permitting, inspections, and enforcement procedures for violations can be found in the Virginia Stormwater Management Program Policy and Procedure Manual in Appendix E. Also during PY1, the City began a review of its Erosion and Sediment ordinance to ensure it is consistent with the City s updated Virginia Stormwater Management Program ordinance. Goals & Objectives: The MS4 permit requires the City to ensure land disturbing activities listed in Section II.B.4.a obtain the proper permits and approval prior to commencement of land disturbing activities, and ensure that discharges into the MS4 from those land disturbing activities meet the requirements set forth in the Virginia Erosion and Sediment Control Act and regulations. Responsible Departments: Public Utilities Department Operations Manager Site Inspection Supervisor

23 City of Richmond, Virginia MS4 Program Plan Implementation Schedule: The City will continue to implement the Erosion and Sediment Control Program consistent with State regulations. After review, any necessary modifications to the City s Erosion and Sediment Control Ordinance will be adopted during PY2. Additional information about the City s erosion and sediment control program can be found at: ces (Note: The City of Richmond utilizes an agreement in lieu of a plan for the construction of single-family residences.) The City requires that land disturbance not begin until and erosion and sediment control plan or an agreement in lieu of a plan is approved by the City. Documentation and effectiveness: More information about plan review and inspection procedures can be found in the following: Erosion & Sediment Control Checklist: (Appendix C) Storm Drainage System Checklist (Appendix D) City of Richmond Design and Construction Standards Manual: Richmond City Code Chapter 50 Article III Erosion and Sediment Control Id=CH50FLMAERSECODRGE_ARTIIIERSECO Virginia Erosion and Sediment Handbook, Third Ed ESCHandbook.aspx City of Richmond VSMP Program Policy & Procedures Manual, Section 4 (Appendix E) Virginia State Code Title 62 Chapter 3.1 State Water Control Law :52 BMP 4B VPDES PERMITS FOR CONSTRUCTION ACTIVITIES Description: The City adopted May 27 th, The Virginia Stormwater Management Act requires the city to ensure that all construction site owners and operators secure separate VPDES stormwater general permit coverage for construction activities. To meet this requirement, the City has incorporated language into its plan intake checklist to alert those proposing a land disturbing activity that all permits must be in place prior to release of the final site plan. Legal authority requiring General Permit coverage before the start of land disturbing activities is found in Chapter 50 Article II Section of the City s Floodplain Management, Erosion and Sediment Control, and Drainage Generally code

24 City of Richmond, Virginia MS4 Program Plan section. The City amended its formal plan review policies and procedures during PY1 to adhere to the VSMP requirements. The City s plan review process requires that a SWPPP is submitted and approved prior to final site plan release. Goals & Objectives: This measure implements the requirement in Section II.B.4.b of the City s MS4 permit, and helps the City ensure that all construction site owners and operators secure a separate VPDES stormwater permit for construction activities and implement a SWPPP. Responsible Departments: Public Utilities Department Operations Manager Implementation Schedule: This is an ongoing BMP. The City will implement its formalized policies and procedures during plan reviews. The City will continue to require that site operators and owners secure a separate VPDES stormwater permit for construction activities and implement a SWPPP. Water Resources staff will continue to use a checklist during site visits to verify the presence of the stormwater construction permit. Documentation and effectiveness: More information about plan review and inspection procedures can be found in the following: Erosion & Sediment Control Checklist: (Appendix C) Storm Drainage System Checklist (Appendix D) City of Richmond Design and Construction Standards Manual: Richmond City Code Chapter 50 Article III Erosion and Sediment Control Id=CH50FLMAERSECODRGE_ARTIIIERSECO Virginia Erosion and Sediment Handbook, Third Ed ESCHandbook.aspx City of Richmond VSMP Program Policy & Procedures Manual (Appendix E) Virginia State Code Title 62 Chapter 3.1 State Water Control Law :52 City of Richmond SWPPP for Non-residential (Appendix F) City of Richmond SWPPP for residential (Appendix G)

25 5. MCM - POST CONSTRUCTION STORMWATER MANAGEMENT City of Richmond, Virginia MS4 Program Plan Permit Requirements: Section II.B.5.a. - Applicable oversight requirements. The operator shall address post-construction stormwater runoff that enters the MS4 from the following landdisturbing activities: (1) New development and development on prior developed lands that are defined as large construction activities or small construction activities in 4VAC ; (2) New development and development on prior developed lands that disturb greater than or equal to 2,500 square feet, but less than one acre, located in a Chesapeake Bay Preservation Area designated by a local government located in Tidewater, Virginia, as defined in of the Code of Virginia; and (3) New development and development on prior developed lands where an applicable state regulation or local ordinance has designated a more stringent regulatory size threshold than that identified in subdivision (1) or (2) above. Section II.B.5.b. - Required design criteria for stormwater runoff controls. The operator shall utilize legal authority, such as ordinances, permits, orders, specific contract language, and interjurisdictional agreements, to require that activities identified in Section II.B.5.a address stormwater runoff in such a manner that stormwater runoff controls are designed and installed: (1) In accordance with the appropriate water quality and water quantity design criteria as required in Part II (4VAC et seq.) of 4VAC50-60; (2) In accordance with any additional applicable state or local design criteria required at project initiation; and (3) Where applicable, in accordance with any departmentapproved annual standards and specifications. Upon board approval of a Virginia Stormwater Management Program authority (VSMP Authority) as defined in of the Code of Virginia and reissuance of the Virginia Stormwater Management Program (VSMP) General Permit for Discharges of Stormwater from Construction Activities, the operator shall require that stormwater management plans are approved by the appropriate VSMP Authority prior to land disturbance. In accordance with M of the Code of Virginia, VSMPs shall become effective July 1, 2014, unless otherwise specified by state law or by the board. Section II.B.5.c. - Inspection, operation, and maintenance verification of stormwater management facilities. (1) For stormwater management facilities not owned by the MS4 operator, the following conditions apply: (a) The operator shall require adequate long-term operation and maintenance by the owner of the stormwater management facility by requiring the owner to develop a recorded inspection schedule and maintenance agreement to the extent allowable under state or local law or other legal mechanism; (b) The operator or his designee shall implement a schedule designed to inspect all privately owned stormwater management facilities that discharge into the MS4 at least once every five years to document that maintenance is being conducted in such a manner to ensure long- term operation in accordance with the approved designs. (c) The operator shall utilize its legal authority for enforcement of maintenance responsibilities if maintenance is neglected by the owner. The operator may develop and implement a progressive compliance and enforcement strategy provided that the strategy is included in the MS4 Program Plan. (d) Beginning with the issuance of this state permit, the operator may utilize strategies other than maintenance agreements such as periodic inspections, homeowner outreach and education, and other

26 City of Richmond, Virginia MS4 Program Plan methods targeted at promoting the long-term maintenance of stormwater control measures that are designed to treat stormwater runoff solely from the individual residential lot. Within 12 months of coverage under this permit, the operator shall develop and implement these alternative strategies and include them in the MS4 Program Plan. (2) For stormwater management facilities owned by the MS4 operator, the following conditions apply: (a) The operator shall provide for adequate long-term operation and maintenance of its stormwater management facilities in accordance with written inspection and maintenance procedures included in the MS4 Program Plan. (b) The operator shall inspect these stormwater management facilities annually. The operator may choose to implement an alternative schedule to inspect these stormwater management facilities based on facility type and expected maintenance needs provided that the alternative schedule is included in the MS4 Program Plan. (c) The operator shall conduct maintenance on its stormwater management facilities as necessary. BMP 5A BMP INVENTORY Description: All constructed BMPs in the City are tracked using a spreadsheet. Information tracked includes the type of BMP, street address, latitude and longitude, the Hydrologic Unit Code (HUC), impaired water segments, number of acres treated with the amount of pervious/impervious areas, date brought online, ownership type, date of most recent inspection, and status of maintenance agreement. Goals & Objectives: The purpose of this BMP is to continue to maintain a database log for tracking BMPs in accordance with permit requirements and to enable the City to understand what areas of the City are being treated by BMPs and to ensure that stormwater management facilities and BMPs are properly functioning as they were designed to control stormwater quantity and quality. Responsible Departments: Public Utilities Department Operations Manager Water Resources Plan Reviewers Site Inspection Supervisor Implementation Schedule: This is an ongoing BMP. The City will continue to ensure that all new certified BMPs are entered into the City s database. The City will continue to include in the database the impaired surface water that the stormwater facility is discharging into. Documentation and effectiveness: The City will provide a spreadsheet of BMPs online between 2009 and 2013 in the annual report.

27 City of Richmond, Virginia MS4 Program Plan BMP 5B BMP MAINTENANCE AGREEMENTS Description: The City has a process to ensure that development plans cannot be finalized without a BMP easement and maintenance agreement. Water Resources plan reviewers review the agreements and ensure the information is correct. The information is forwarded to the City attorney s office for signature and recordation. The EMA is then entered into the City s database. Goals & Objectives: Legally executed and enforceable maintenance agreements help ensure that structural BMPs continue to provide their intended water quality functions. Responsible Party: Department of Public Utilities Operations Manager Water Resources Plan Reviewers Implementation and Schedule: The City will continue to ensure that all appropriate BMPs have legally executed BMP EMAs. Plans shall be tracked to ensure that appropriate BMP EMAs are executed. Documentation and effectiveness: The City will confirm ongoing compliance with this requirement. A copy of the City s BMP easement & maintenance agreement is included in Appendix H. BMP 5C PUBLIC BMP FACILITY INSPECTION AND MAINTENANCE There are approximately 38 publically owned BMP facilities in the City of Richmond. Inspection and maintenance of all publicly owned BMP facilities is the responsibility of the City. The inspection procedures for post construction BMPs can be found in the VSMP Policy and Procedures Manual in Appendix E. Goals & Objectives: Maintenance of public BMP facilities is essential to ensuring that these investments continue to provide their intended water quality benefits. Responsible Party: Department of Public Utilities Operations Manager Site Inspector Supervisor

28 City of Richmond, Virginia MS4 Program Plan O & M Operations Manager Implementation and Schedule: The VSMP permit regulations require the City to implement a BMP inspection program based on the Virginia Stormwater Management Regulations. The City will implement an inspection program in accordance with the following: The City will inspect each publicly owned BMP facility annually. Regular maintenance will be performed according to the maintenance schedule and guideline specific to each BMP. Post Construction BMP Checklist can be found in Appendix K Documentation and effectiveness: In its Annual Report, the City will document the number of BMPs inspected and maintenance activities performed during that permit year. A copy of the VSMP Policy and Procedure Manual can be found in Appendix E. BMP 5D PRIVATE BMP FACILITY INSPECTION AND ENFORCEMENT Description: There are approximately 185 privately-owned BMP facilities in the City of Richmond which require City inspection. Maintenance of all privately owned BMP facilities is the responsibility of the property owner. Goals & Objectives: Maintenance of private BMP facilities is essential to ensuring that these investments continue to provide their intended water quality benefits. Responsible Party: Department of Public Utilities Operations Manager Site Inspector Supervisor Implementation and Schedule: The VSMP permit regulations require the City to implement a BMP inspection program based on the Virginia Stormwater Management Regulations. The City will implement an inspection program in accordance with the following: The City will inspect each applicable privately-owned BMP at least once every five years. Documentation and effectiveness: The City will document the number of BMPs inspected each year and provide statistics on the number of facilities for which follow-up enforcement action was required. This information will be included with the City s Annual Report. 6. MCM - POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS

29 City of Richmond, Virginia MS4 Program Plan Permit Requirements: Section II.B.5.a. - Operations and maintenance activities. The MS4 Program Plan submitted with the registration statement shall be implemented by the operator until updated in accordance with this state permit. In accordance with Table 1 in this section, the operator shall develop and implement written procedures designed to minimize or prevent pollutant discharge from: (i) daily operations such as road, street, and parking lot maintenance; (ii) equipment maintenance; and (iii) the application, storage, transport, and disposal of pesticides, herbicides, and fertilizers. The written procedures shall be utilized as part of the employee training. At a minimum, the written procedures shall be designed to: (1) Prevent illicit discharges; (2) Ensure the proper disposal of waste materials, including landscape wastes; (3) Prevent the discharge of municipal vehicle wash water into the MS4 without authorization under a separate VPDES permit; (4) Prevent the discharge of wastewater into the MS4 without authorization under a separate VPDES permit; (5) Require implementation of best management practices when discharging water pumped from utility construction and maintenance activities; (6) Minimize the pollutants in stormwater runoff from bulk storage areas (e.g., salt storage, topsoil stockpiles) through the use of best management practices; (7) Prevent pollutant discharge into the MS4 from leaking municipal automobiles and equipment; and (8) Ensure that the application of materials, including fertilizers and pesticides, is conducted in accordance with the manufacturer's recommendations. Section II.B.5.b. - Municipal facility pollution prevention and good housekeeping. (1) Within 12 months of state permit coverage, the operator shall identify all municipal high- priority facilities. These high-priority facilities shall include (i) composting facilities, (ii) equipment storage and maintenance facilities, (iii) materials storage yards, (iv) pesticide storage facilities, (v) public works yards, (vi) recycling facilities, (vii) salt storage facilities, (viii) solid waste handling and transfer facilities, and (ix) vehicle storage and maintenance yards. (2) Within 12 months of state permit coverage, the operator shall identify which of the municipal high-priority facilities have a high potential of discharging pollutants. Municipal high- priority facilities that have a high potential for discharging pollutants are those facilities identified in subsection (1) above that are not covered under a separate VPDES permit and which any of the following materials or activities occur and are expected to have exposure to stormwater resulting from rain, snow, snowmelt or runoff: (3) The operator shall develop and implement specific stormwater pollution prevention plans for all high-priority facilities identified in subdivision 2 of this subsection. The operator shall complete SWPPP development and implementation shall be completed within 48 months of coverage under this state permit. Facilities covered under a separate VDPES permit shall adhere to the conditions established in that permit and are excluded from this requirement. Section II.B.6.c. - Turf and Landscape management. (1) The operator shall implement turf and landscape nutrient management plans that have been developed by a certified turf and landscape nutrient management planner in accordance with of the Code of Virginia on all lands owned or operated by the MS4 operator where nutrients are applied to a contiguous area greater than one acre. Implementation shall be in accordance with the following schedule: (a) Within 12 months of state permit coverage, the operator shall identify all applicable lands where nutrients are applied to a contiguous area of more than one acre. A latitude and longitude shall be

30 City of Richmond, Virginia MS4 Program Plan provided for each such piece of land and reported in the annual report. (b) Within 60 months of state permit coverage, the operator shall implement turf and landscape nutrient management plans on all lands where nutrients are applied to a contiguous area of more than one acre. The following measurable outcomes are established for the implementation of turf and landscape nutrient management plans: (i) within 24 months of permit coverage, not less than 15% of all identified acres will be covered by turf and landscape nutrient management plans; (ii) within 36 months of permit coverage, not less than 40% of all identified acres will be covered by turf and landscape nutrient management plans; and (iii) within 48 months of permit coverage, not less than 75% of all identified acres will be covered by turf and landscape nutrient management plans. The operator shall not fail to meet the measurable goals for two consecutive years. (c) MS4 operators with lands regulated under of the Code of Virginia shall continue to implement turf and landscape nutrient management plans in accordance with this statutory requirement. (2) Operators shall annually track the following: (a) The total acreage of lands where turf and landscape nutrient management plans are required; and (b) The acreage of lands upon which turf and landscape nutrient management plans have been implemented. (3) The operator shall not apply any deicing agent containing urea or other forms of nitrogen or phosphorus to parking lots, roadways, and sidewalks, or other paved surfaces. Section II.B.6.d. - Training. The operator shall conduct training for employees. The training requirements may be fulfilled, in total or in part, through regional training programs involving two or more MS4 localities provided; however, that each operator shall remain individually liable for its failure to comply with the training requirements in this permit. Training is not required if the topic is not applicable to the operator's operations and therefore does not have applicable personnel provided the lack of applicability is documented in the MS4 Program Plan. The operator shall determine and document the applicable employees or positions to receive each type of training. The operator shall develop an annual written training plan including a schedule of training events that ensures implementation of the training requirements as follows: (1) The operator shall provide biennial training to applicable field personnel in the recognition and reporting of illicit discharges. (2) The operator shall provide biennial training to applicable employees in good housekeeping and pollution prevention practices that are to be employed during road, street, and parking lot maintenance. (3) The operator shall provide biennial training to applicable employees in good housekeeping and pollution prevention practices that are to be employed in and around maintenance and public works facilities. (4) The operator shall ensure that employees, and require that contractors, who apply pesticides and herbicides are properly trained or certified in accordance with the Virginia Pesticide Control Act ( et seq. of the Code of Virginia). (5) The operator shall ensure that employees and contractors serving as plan reviewers, inspectors, program administrators, and construction site operators obtain the appropriate certifications as required under the Virginia Erosion and Sediment Control Law and its attendant regulations. (6) The operator shall ensure that applicable employees obtain the appropriate certifications as required under the Virginia Erosion and Sediment Control Law and its attendant regulations. (7) The operators shall provide biennial training to applicable employees in good housekeeping and pollution prevention practices that are to be employed in and around recreational facilities. (8) The appropriate emergency response

31 City of Richmond, Virginia MS4 Program Plan employees shall have training in spill responses. A summary of the training or certification program provided to emergency response employees shall be included in the first annual report. (9) The operator shall keep documentation on each training event including the training date, the number of employees attending the training, and the objective of the training event for a period of three years after each training event. Section II.B.6.e. - The operator shall require that municipal contractors use appropriate control measures and procedures for stormwater discharges to the MS4 system. Oversight procedures shall be described in the MS4 Program Plan. BMP 6A MUNICIPAL HIGH PRIORITY FACILITY IDENTIFICATION Description: The City shall identify all municipal high-priority facilities per Section II.B.6.b.(1) of the permit. Goals & Objectives: Municipal facilities of the types listed in Section II.B.6.b.(1) of the permit may have a greater potential to contribute pollutants to stormwater runoff than other types of municipal facilities. By identifying all of its high-priority facilities, City staff can then asses which of those facilities have the greatest potential to contribute pollutants through stormwater runoff. Responsible Party: Department of Public Utilities Environmental Compliance Officer Operations Manager Site Inspector Supervisor Implementation and Schedule: During PY1, the City developed a list of its high-priority facilities. The City will maintain a list of high priority facilities, and will update the list as necessary. Documentation and effectiveness: Municipal facilities identified by the City as high-priority facilities are listed in Appendix I. Updates to the list of high priority facilities will be reported in the appropriate Annual Report.

32 City of Richmond, Virginia MS4 Program Plan BMP 6B POLLUTION PREVENTION TRAINING Description: The VSMP permit requires the City to develop and implement an operation and maintenance program that includes a training component and that has as its ultimate goal the prevention or reduction of pollutant runoff from municipal operations. The City has developed a pollution prevention training video for all City of Richmond employees available on the city s intranet. The City will also conduct specific stormwater training covers a variety of good housekeeping and pollution prevention BMPs, and is given to all operations and maintenance employees, regardless of their duties. Pollution Prevention/Good Housekeeping training topics include: Good Housekeeping & Spill Prevention Spill Control & Response Vehicle Fueling Vehicle & Equipment Maintenance Vehicle & Equipment Washing Materials Management Waste Management Municipal Facility Maintenance Parking Lots & Streets Storm sewer System Cleaning Landscaping & Grounds Maintenance Working Over or Near Surface Waters Goals & Objectives: The purpose of this BMP is to ensure that all municipal operations eliminate or reduce stormwater pollution to the maximum extent practicable. Responsible Party: Department of Public Utilities Environmental Compliance Officer Operations Manager Program Manager Implementation and Schedule: The City will provide training to operations and maintenance employees on pollution prevention and illicit discharges on a biennial basis. The pollution prevention training plan and schedule can be found in Appendix

33 City of Richmond, Virginia MS4 Program Plan J. Documentation and effectiveness: The Wavelength program used to training municipal employees in pollution prevention will keep records of who trained across city departments. The City will document training activities and include the documentation in the Annual Report. E. VIRGNIA TOTAL MAXIMUM DAILY LOAD (TMDL) The City will work on developing the TMDL Action Plan during the first two years ( and ) of this permit cycle to address pollutants which the City s MS4 has been assigned a wasteload allocation. The TMDL Action Plan will identify the best management practices and interim milestone activities. The TMDL Action Plan will be submitted to the Virginia Department of Environmental Quality with the July 1, 2014 through June 30, 2015 MS4 Annual Report. TMDL Special Conditions Special Condition 1 - TMDLs TABLE 2. TMDL SPECIAL CONDITIONS BMP SC- 1a SC- 1b BMP Description Develop Chesapeake Bay TMDL Action Plan Implement Chesapeake Bay TMDL Action Plan Measureable Goals Develop a TMDL Action Plan consistent with the VA Phase I and II WIPs to meet the Level 2 (L2) scoping run reductions of POC (pollutants of concern) Implement the TMDL Action Plan to meet 5% of the Level 2 reductions of POC by the end of the permit term Metric TMDL Action Plan Per plan Responsible Party TMDL Program Manager TMDL Program Manager Timeline End of PY 2 End of PY 5 Supporting Documents TMDL Action Plan TMDL Action Plan SC-2 James River Bacteria TMDL Action Plan Develop and implement a TMDL Action Plan for POC TMDL Action Plan TMDL Program Manager End of PY3 TMDL Action Plan

34 City of Richmond, Virginia MS4 Program Plan APPENDICIES APPENDIX A SOP for Outfall Screening APPENDIX B SOP for Detecting and Eliminating Non-stormwater Discharges to the MS4 APPENDIX C Erosion and Sediment Control checklist APPENDIX D Storm Drainage System Checklist APPENDIX E - City of Richmond VSMP Program Policy & Procedures Manual APPENDIX F - City of Richmond SWPPP for Non-residential APPENDIX G - City of Richmond SWPPP for Residential APPENDIX H City of Richmond BMP Easement & Maintenance Agreement APPENDIX I City of Richmond List of High Priority Municipal Facilities APPENDIX J City of Richmond Pollution Prevention Training Plan APPENDIX K Post Construction BMP Inspection Checklist

35 City of Richmond Department of Public Utilities Wastewater Pretreatment Verification Originator Reviewed Approved Issued Initials JAA JRB ELW Date 2/17/2011 3/1/12 5/1/12 5/1/12 Standard Operating Procedure for MS4 Outfall Screening Person responsible: Area of application: DPU Wastewater Pretreatment Personnel MS4 Document location: Electronic copy at G:\Pretreatment\Pretreatment SOPs 2010 Original issue date: Revisions Rev. No. Date Description Reviewed by 001 2/17/2011 Created by John Allen Recurring action items Activity Responsibility Frequency Review SOP Environmental Inspector, Tech II Annually Procedure Index Page 1.0 Purpose Scope Responsibility Definitions Procedures Field Procedure Post Field Activity/Data Management Procedure Task Specific Requirements Safety Equipment and Supplies References / Related Documents 5 Print date: 4/20/2015 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 1 of 5 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

36 City of Richmond Department of Public Utilities Wastewater Pretreatment Verification Originator Reviewed Approved Issued Initials JAA JRB ELW Date 2/17/2011 3/1/12 5/1/12 5/1/12 Standard Operating Procedure for MS4 Outfall Screening 1.0 Purpose 1.1 To assist managers and field crews conducting inventories and illicit discharge screening of storm water drainage system (MS4) outfalls 2.0 Scope 2.1 This procedure is applicable to DPU Wastewater Pretreatment and others assisting with MS4 outfall inventory and illicit discharge screening activities 3.0 Responsibility 3.1 The Environmental Compliance Officer (ECO) is responsible for: Ensuring the proper approved forms are used; Facilitating training for all staff; Ensuring that all records and documents are properly maintained, controlled and distributed. 3.2 DPU Environmental Inspectors and Technicians are responsible for: Reading, understanding and following this SOP Conducting field activities and data collection Completing appropriate forms Completing and submitting Weekly ID/IC Discovery Report to the ECO 4.0 Definitions Stormwater: Water that originates from precipitation events. The term may also be used to describe water that originates with snowmelt or runoff water from overwatering that enters the MS4. MS4: Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body; (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Outfall: A point where a storm water conveyance discharges into streams, lakes, and/or wetlands. 4.4 Illicit Connection (IC): (i) any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized Print date: 4/20/2015 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 2 of 5 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

37 City of Richmond Department of Public Utilities Wastewater Pretreatment Verification Originator Reviewed Approved Issued Initials JAA JRB ELW Date 2/17/2011 3/1/12 5/1/12 5/1/12 Standard Operating Procedure for MS4 Outfall Screening enforcement agency or (ii) any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 4.5 Illicit Discharge (ID): any discharge to a MS4 that is not comprised entirely of stormwater, except discharges pursuant to a Virginia Pollutant Discharge Elimination System or Virginia Stormwater Management Program permit (other than the Virginia Stormwater Management Program permit for discharges from the MS4), discharges resulting from fire fighting activities, and discharges identified by and in compliance with 4 VAC (C)(2). 5.0 Procedures 5.1 Field Procedure Ensure outfall is accessible and inspect only if safe to do so Photograph the outfall with Ricoh Caplio 500SE GPS enabled digital camera or equivalent. Use a dry erase board, spray paint, grease pen or other means to identify outfall in photograph Capture outfall location using handheld GPS unit and characterize the outfall by completing the Outfall Reconnaissance Inventory Form (ORI). Use field instruments and kits to gather water quality information if dry weather flow is present. Record data on the ORI Form If dry weather flow is present visually inspect the immediate area for a potential source, take additional photographs, and collect water samples for laboratory analysis of Ammonia, Nitrate, Nitrite, TKN, Total Phosphorus, and E. coli. (Refer to Water Sample Collection SOP). Use a 60cm Secchi Tube to determine if measurable turbidity is present. If the Secchi Tube readings are <60cm, or if the outfall is determined to be a probable ID a TSS sample should be taken from the outfall for laboratory analysis. Notify the ECO of obvious IDs immediately. 5.2 Post Field Activity/Data Management Procedure Deliver samples to WWTP Laboratory for analysis. This should be done at the end of field activities each day Download all GPS data collected into the City s GIS system and submit for verification. This should be done at least every two days Download all field photos and place them in appropriate subfolder in the Outfall Inventory folder on the G drive. This should be done as least every two days Scan all ORI forms completed and save them as PDF files in the appropriate subfolder in the Outfall Inventory folder on the G drive. This should be done as least once per week Enter outfall locations, ORI form information and photographs into database located at This should be done at least once per week Complete Weekly ID/IC Discovery Report and submit to the ECO. Report will contain photos, maps and information regarding the locations and characteristics of all potential, suspect and obvious ID/ICs discovered during the week s field activities. This report should be prepared and submitted to the ECO no later than 16:00 on Friday of each week. Print date: 4/20/2015 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 3 of 5 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

38 City of Richmond Department of Public Utilities Wastewater Pretreatment Verification Originator Reviewed Approved Issued Initials JAA JRB ELW Date 2/17/2011 3/1/12 5/1/12 5/1/12 Standard Operating Procedure for MS4 Outfall Screening 5.3 Task Specific Requirements 5.4 Safety Training in IDDE and MS4 outfall inventory procedures Familiarity with water sampling procedures Ability to navigate rough terrain and work in varying conditions outdoors Do not enter swiftly moving water that is more than 6 inches deep Be on the lookout for and avoid poison ivy, ticks, spiders, dogs, snakes and other wildlife Be careful when attempting to cross wet rocks, concrete or wood as the surface may be extremely slippery Enter an ICE (In Case of Emergency) number into your cell phone and have it set in speed dial Wear rubber boots or waders at all times when in water Use all appropriate PPE Do not enter confined spaces unless you have received the appropriate training and have the equipment necessary to do so safely Always work with at least one other person 5.5 Equipment and Supplies Print date: 4/20/ Field Equipment: City identification Waterproof waders or rubber boots Disposable gloves Hand sanitizer High visibility safety vests Safety glasses First aid kit Cell phone System map ORI forms Field book Handheld GPS unit YSI Pro Series meter or other ph meter CHEMetrics Detergents test kit 20 H2SO4 preserved, 250 ml, polyethylene sample bottles 20 E. coli sample bottles Cooler and frozen ice packs Digital camera (spare batteries) WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 4 of 5 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

39 City of Richmond Department of Public Utilities Wastewater Pretreatment Verification Originator Reviewed Approved Issued Initials JAA JRB ELW Date 2/17/2011 3/1/12 5/1/12 5/1/12 Standard Operating Procedure for MS4 Outfall Screening Color printer Water velocity meter Dry erase board Clip board, pencils, pens, permanent and dry erase markers Flashlight (spare batteries) Mirror Folding wood ruler or tape measure Watch with second hand or stopwatch Calculator Green spray paint and flagging tape Machete or bush axe Pepper spray Computer with ArcGIS Desktop, Microsoft Office and internet access 6.0 References / Related Documents 6.1 Center for Watershed Protection, R. Pitt. [University of Alabama] Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments. 378 p. 6.2 Code of the City of Richmond, Chapter 106, Article VIII, Division 3 - ILLICIT DISCHARGE AND CONNECTION 6.3 Water Sample Collection SOP (in development) 6.4 Outfall Reconnaissance Inventory/ Sample Collection Field Sheet (ORI Form) Print date: 4/20/2015 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 5 of 5 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

40 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) Person responsible: DPU Wastewater Pretreatment Personnel Area of application: MS4 Document location: Electronic copy at G:\Pretreatment\Pretreatment SOPs 2010 Original issue date: 05/23/12 Revisions Rev. No. Date Description Reviewed by /23/2012 Created by John Allen and Vincent Revene Recurring action items Activity Responsibility Frequency Review SOP Environmental Inspector, Tech II Annually Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 1 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

41 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) Procedure Index Page 1.0 Purpose Scope Responsibility Definitions Procedures Outfall Inventory and Screening Field Procedure Illicit Discharge Response, Characterization and Containment Field Procedure Illicit Discharge Source Tracking Procedure Illicit Source Removal Procedure Enforcement Procedure Post Field Activity/Data Management Procedure Task Specific Requirements Safety Equipment and Supplies References / Related Documents 8 Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 2 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

42 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) 1.0 Purpose 2.0 Scope 1.1 To assist managers and field crews conducting MS4 outfall inventories and screenings, illicit discharge characterization and containment, and illicit discharge source tracking and removal activities, as well as enforcement actions. 2.1 This procedure is applicable to DPU Pretreatment staff and others assisting with MS4 outfall inventory, screening, illicit discharge investigation, and enforcement actions. 3.0 Responsibility 3.1 The Environmental Compliance Officer (ECO) is responsible for: Ensuring the proper, approved forms are used; Facilitating training for all staff; Ensuring that all records and documents are properly maintained, controlled and distributed Reviewing IDDE investigation findings Determining appropriate enforcement response 3.2 DPU Environmental Inspectors and Technicians are responsible for: Reading, understanding and following this SOP Conducting field activities and data collection Completing appropriate forms Entering outfall inventory and screening information into the appropriate database Submitting IDDE investigation findings to the ECO for review Working with other groups as needed to implement corrective actions 4.0 Definitions 4.1 Storm water: Water that originates from precipitation events. The term may also be used to describe water that originates with snowmelt or runoff water from overwatering that enters the MS4. Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 3 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

43 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) 5.0 Procedures 4.2 MS4: Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man made channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body; (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Outfall: A point where a storm water conveyance discharges into streams, lakes, and/or wetlands. 4.4 Illicit Connection (IC): (i) any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyances which allow any non stormwater discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or (ii) any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 4.5 Illicit Discharge (ID): any discharge to a MS4 that is not comprised entirely of stormwater, except discharges pursuant to a Virginia Pollutant Discharge Elimination System or Virginia Stormwater Management Program permit (other than the Virginia Stormwater Management Program permit for discharges from the MS4), discharges resulting from fire fighting activities, and discharges identified by and in compliance with 4 VAC (C)(2). 5.1 Outfall Inventory and Screening Field Procedure Print date: 11/19/ Photograph the outfall with Ricoh Caplio 500SE GPS enabled digital camera or equivalent. Use a dry erase board, spray paint, grease pen or other means to identify outfall in photograph Capture outfall location using handheld GPS unit and characterize the outfall by completing the Outfall Reconnaissance Inventory Form (ORI). Use field instruments and kits to gather water quality information if dry weather flow is present. Record data on the ORI Form If dry weather flow is present visually inspect the immediate area for a potential source, take additional photographs, and collect water samples for laboratory analysis of Ammonia, Nitrate, Nitrite, TKN, Total Phosphorus, and E. coli. (Refer to Water Sample Collection SOP). Use a 60cm Secchi Tube to determine if measurable turbidity is present. If WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 4 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

44 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) the Secchi Tube readings are <60cm, or if the outfall is determined to be a probable ID a TSS sample should be taken from the outfall for laboratory analysis. Notify the ECO of obvious IDs immediately. 5.2 Illicit Discharge Response, Characterization and Containment Field Procedure Visually inspect the immediate area for a potential source Thoroughly photo document all aspects and impacts of the incident and surrounding areas Collect samples of the discharged material for laboratory analysis (Refer to Water Sample Collection SOP) Record observations using the ORI or the DPU Illicit Discharge / Accidental Release Investigation Report Form as appropriate Notify the ECO of obvious IDs and immediately being an investigation to determine the source Investigate likely or potential IDs as soon as practicable Make note of unlikely illicit discharges for comparison during future inspections 5.3 Illicit Discharge Source Tracking Procedure Survey the immediate vicinity to identify potential sources of the illicit discharge Assess upstream points for the presence of the illicit discharge using sight, smell, and field measurement techniques and equipment Attempt to isolate the source of the discharge quickly by first observing locations where storm sewer lines or waterways intersect. This can significantly reduce the search area Use other available resources such as laboratory sample analysis, CCTV inspection equipment and Collections Maintenance personnel to assist in identifying the source of the illicit discharge 5.4 Illicit Source Removal Procedure If the source of the illicit discharge is found to be on private property, the owner of the property will be notified and informed of their obligation to immediately stop the illicit discharge and begin implementing corrective actions If the source of the illicit discharge is found to be caused by activities at a municipal facility Pretreatment personnel will work with the appropriate City department to correct the issue. If the source is determined to be a damaged or improperly connected sanitary sewer line, Pretreatment will work with the Collections Maintenance group to correct the issue. Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 5 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

45 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) Follow up inspections will be performed by Pretreatment staff and/or other DPU personnel or Building Inspectors to verify that the illicit discharge is eliminated and any corrective measures are installed in accordance with City of Richmond code requirements 5.5 Enforcement Procedure Refer to the DPU Pretreatment Enforcement Response Plan 6.0 Post Field Activity/Data Management Procedure 6.1 Deliver samples to WWTP Laboratory for analysis. This should be done at the end of field activities each day. 6.2 Download all GPS data collected into the City s GIS system and submit for verification. This should be done at least every two days. 6.3 Download all field photos and place them in the appropriate on the G drive. This should be done as least every two days. 6.4 Scan all forms completed and save them as PDF files in the appropriate subfolder on the G drive. This should be done as least once per week. 6.4 Enter outfall locations, ORI form information, IDDE investigation information and photographs into the database located at This should be done at least once per week. 7.0 Task Specific Requirements 7.1 Training in IDDE investigation and MS4 outfall inventory procedures 7.2 Familiarity with water sampling procedures 7.3 Ability to navigate rough terrain and work in varying conditions outdoors Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 6 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

46 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) 8.0 Safety 8.1 Do not enter swiftly moving water that is more than 6 inches deep 8.2 Be on the lookout for and avoid poison ivy, ticks, spiders, dogs, snakes and other wildlife 8.3 Be careful when attempting to cross wet rocks, concrete or wood as the surface may be extremely slippery 8.4 Enter an ICE (In Case of Emergency) number into your cell phone and have it set in speed dial 8.5 Wear rubber boots or waders at all times when in water 8.6 Use all appropriate PPE 8.7 Do not enter confined spaces unless you have received the appropriate training and have the equipment necessary to do so safely 8.8 Always work with at least one other person 9.0 Equipment and Supplies 9.1 Field Equipment may include: City identification Waterproof waders or rubber boots Disposable gloves Hand sanitizer High visibility safety vests Safety glasses First aid kit Cell phone System map ORI forms Field book Handheld GPS unit YSI Pro Series meter with ammonium, DO, ph, specific conductance probes ph meter or litmus strips CHEMetrics Detergents test kit H2SO4 preserved, 250 ml, polyethylene sample bottles E. coli sample bottles Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 7 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

47 City of Richmond Department of Public Utilities Pretreatment Program Verification Originator Reviewed Approved Issued Initials JAA / VMR CG ELW ELW Date 5/23/ /19/ /19/12 11/19/12 Standard Operating Procedure for Detecting and Eliminating Non Storm Water Discharges to the Municipal Separate Storm Sewer System (MS4) Cooler with ice or frozen ice packs Digital camera (spare batteries) Water velocity meter Dry erase board Clip board, pencils, pens, permanent and dry erase markers Flashlight (spare batteries) Mirror Folding wood ruler or tape measure Watch with second hand or stopwatch Calculator Green spray paint and flagging tape Machete or bush axe Pepper spray 9.2 Color printer 9.3 Computer with ArcGIS Desktop, Microsoft Office and internet access 10.0 References / Related Documents 10.1 Center for Watershed Protection, R. Pitt. [University of Alabama] Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments. 378 p Code of the City of Richmond, Chapter 106, Article VIII, Division 3 ILLICIT DISCHARGE AND CONNECTION 10.3 Water Sample Collection SOP 10.4 Outfall Reconnaissance Inventory/ Sample Collection Field Sheet (ORI Form) 10.5 DPU Illicit Discharge / Accidental Release Investigation Report Form 10.6 DPU Pretreatment Enforcement Response Plan Print date: 11/19/2012 WARNING! This document should be checked against the electronic version to make sure it is the newest version when printed. Page 8 of 8 Previous versions or printed copies may be obsolete. Verify current revisions at G:\Pretreatment\Pretreatment SOPs 2010.

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62 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Topic: Table of Contents Revised: Director: Robert Steidel Date: December 2013 Table of Contents i. Definitions and Acronyms... ii 1. Program Overview A. Program Overview Permit Intake A. Procedure for Permit Intake Permit File Management and Recordkeeping A. Procedure for Permit File Management and Recordkeeping VSMP Permit Application Review A. Procedure for VSMP Permit Application Review B. Procedure for Bond Intake, Release, and Recordkeeping C. Procedure for Processing Easement and Maintenance Agreements Construction Inspection A. Procedure for Construction Inspection and Monitoring Enforcement A. Procedure for Serving and Documenting Enforcement Measures B. Procedure for Responding to and Documenting Hearings C. Procedure for Responding to and Documenting Appeals Post Construction Activities A. Procedure for Final Inspection B. Procedure for Maintenance of City-Owned Stormwater Facilities C. Procedure for Maintenance of Privately Owned Stormwater Facilities Annual Report A. Procedure for Generating Annual Report through EnerGov Appendix A - Attachments... A i

63 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Chapter/Section (i) Revised: Topic: (Definitions and Acronyms) Director: Robert Steidel Date: December 2013 i. Definitions and Acronyms I. Definitions The following words and terms used in this manual have the following meanings, unless the context clearly indicates otherwise. In addition, some terms not defined herein are defined at 9VAC of the Virginia Stormwater Management Regulations, as amended, and are incorporated by reference herein. Administrator means the Virginia Stormwater Management Program (VSMP) authority including the city staff person or department responsible for administering the VSMP on behalf of the city, or any duly authorized agent of the Administrator. Until amended by ordinance, the Administrator for the city is the Director of the Department of Public Utilities. Applicant means any person submitting an application for a permit under this article. Best management practice or BMP means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. Chesapeake Bay Preservation Act land-disturbing activity means a land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500 square feet and less than one acre in all areas of the city designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, :67, et seq. Clean Water Act or CWA means the federal Clean Water Act (33 U.S.C. 1251, et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law , as amended by Public Law , Public Law , Public Law , and Public Law , or any subsequent revisions thereto. Common plan of development or sale means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. Control measure means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. Department means the Virginia Department of Environmental Quality. Development means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. General Permit means the state permit titled GENERAL PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found at 9VAC et seq. Land disturbance or Land-disturbing activity means, for the purpose of this article, a manmade change to the land surface that potentially changes its runoff characteristics including ii

64 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (i) Revised: Topic: Definitions and Acronyms clearing, grading, or excavation except that the term shall not include the exemptions included in section below. Land disturbing permit means an approval to conduct a land means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity in a Combined Sewer Overflow area. Layout means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. Minor modification means an amendment to an existing permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor permit modification or amendment does not substantially alter permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. Operator means the owner or operator of any facility or activity subject to regulation under this article. Permit, Local VSMP Permit, Richmond Stormwater Management Program (RSMP) Permit, or VSMP Authority Permit means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity after the Administrator has confirmed general permit coverage with the Department, where applicable. Permittee means the person to whom a Permit is issued. Person means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity. Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC , et seq., as they are amended from time to time. Site means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site. State means the Commonwealth of Virginia. State Board means the Virginia State Water Control Board. State permit or State General Permit or General Permit Coverage means an approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the iii

65 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (i) Revised: Topic: Definitions and Acronyms Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations. State Water Control Law means Chapter 3.1 of Title 62.1 of the Code of Virginia, , et seq. State waters means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. Stormwater means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater management plan means a document(s) containing material which describes methods for complying with the requirements of this article. Stormwater Pollution Prevention Plan or SWPPP means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. Subdivision means a division, subdivision, or resubdivision of a lot, tract, or parcel of land situated wholly or partly within the corporate city limits into three or more lots, tracts, or parcels of land for the purpose, whether immediate or in the future, of transferring ownership of any one or more of such lots, tracts, or parcels of land or for the purpose of the erection of buildings or other structures on any one or more of such lots, tracts, or parcels of land. The term "subdivision" shall not include a division of land for agricultural purposes in parcels of one acre or more, the average width of which is not less than 150 feet, when such division does not: (1) Require the opening of any new street or the use of any new public easement of access; (2) Obstruct or is not likely to obstruct natural drainage; (3) Adversely affect or is not likely to adversely affect the establishment of any expressway, major street, primary highway, or toll road; or (4) Adversely affect the execution or development of any plat or subdivision approved by the city planning commission or otherwise adversely affect the orderly subdivision of contiguous property. Total maximum daily load or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. Virginia Stormwater Management Act or Act means a portion of Chapter 3.1 of Title 62.1 of the Code of Virginia, :24, et seq. iv

66 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (i) Revised: Topic: Definitions and Acronyms Virginia Stormwater BMP Clearinghouse website means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act (Code of Virginia, :24, et seq.) and associated regulations. Virginia Stormwater Management Program or VSMP means a program approved by State Water Control Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include local ordinances, rules, permit requirements, standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement, where authorized by the Act, and evaluation consistent with the requirements of the Act and associated regulations. Virginia Stormwater Management Program authority or VSMP authority means an authority approved by State Water Control Board after September 13, 2011, to operate a Virginia Stormwater Management Program. For purposes of this chapter, the city is the VSMP authority. II. Acronyms and Abbreviations ac acre BMP Best Management Practice CBPA Chesapeake Bay Preservation Area ChesBay Chesapeake Bay COR (City of Richmond Department of) Conservation and Recreation CPOD Common Plan of Development CSO Combined Sewer Overflow CWA Clean Water Act DPU Department of Public Utilities E&S Erosion and Sediment EMA Easement and Maintenance Agreement ft 2 square feet GP General Permit MS4 Municipal Separate Storm Sewer System POD Plan of Development RIC Richmond RLD Responsible Land Disturber RMA Resource Management Areas RPA Resource Protection Area RSMP Richmond Stormwater Management Program SCM Stormwater Control Measure SWM Stormwater Management Plan SWPPP Stormwater Pollution Prevention Plan TMDL Total Maximum Daily Load WRD Water Resources Division USACE United States Army Corp of Engineers VA DEQ Virginia Department of Environmental Quality VAC Virginia Administrative Code VSMP Virginia Stormwater Management Program v

67 (Stormwater Utility /Water Resources Division) UTILITY: Volume(1) Procedures Manual Effective Date: Chapter/Section (1A) Topic: Program Overview Revised: Director: Robert Steidel Date: December Program Overview 1A. Program Overview I. PROGRAM INTRODUCTION In order to adopt the requirements of the Virginia Stormwater Management Program (VSMP) Section et seq :24 of the Code of Virginia, the City of Richmond (City) has integrated the City s stormwater management requirements with the City s erosion and sediment control Chapter 50 Article IV, flood plain management Chapter 50 Article III, and Chesapeake Bay Preservation Act Chapter 50 Article V requirements into a unified stormwater program. The unified City-run program is intended to administer, implement and enforce the Virginia Stormwater Management Act in a more convenient and efficient manner. The program s purpose is to ensure the general health, safety, and welfare of the citizens of the City and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from a land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. II. MANUAL PURPOSE The purpose of this manual is to serve as an integral part of the VSMP by documenting the internal policies and procedures required to administrate a VSMP as outlined in the Virginia Administrative Code 9VAC Each section of this manual contains standard procedures for different aspects of the City s program. Each procedure contains information about which City party is responsible for conducting the procedure, the process to be followed by that party, and what systems are used to record information related to the procedure. The policies and procedures documented in this manual include the following: 1. Acceptance and authority of complete registration statements for VSMP-related permits, including land disturbing permits, local VSMP permits, and permits for projects that require both a local VSMP permit and state General Permit coverage 2. Acceptance and authorities for permit plan review, plan approval, inspection, and enforcement for VSMP-related permits 3. Compliance with the submission and approval of erosion and sediment control plans in accordance with the Virginia Erosion and Sediment Control Law and attendant regulations 4. Compliance with the submission and approval of Stormwater pollution prevention plan requirements (9VAC ), Stormwater management plans (9VAC ), and Pollution prevention plans (9VAC ) 5. Performance of inspections and monitoring of construction activities for VSMP permitrelated activities Page 1

68 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority 6. Requirements for long-term inspection and maintenance of stormwater management facilities 7. Collection, distribution to the state (if required), and expenditure of permit-related fees 8. Enforcement procedures and civil penalties where applicable 9. Policies and procedures to obtain and release bonds 10. Compliance in accordance with the annual reporting and recordkeeping requirements in 9VAC III. PERMITTING AUTHORITY As required by Virginia Administrative Code 9VAC , this section of the manual identifies the authority accepting complete registration statements and of the authorities completing plan review, plan approval, inspection and enforcement for the locality of the City of Richmond s Virginia Stormwater Management Program (VSMP). The identification of this authority is authorized by the Code of Virginia, :24. Establishment of Virginia Stormwater Management Programs, and is established through the "Virginia Stormwater Management Program Ordinance of the City of Richmond" Chapter 50 Article II. A. Identification of the authority accepting registration statements: The City s Department of Public Utilities (DPU) accepts registration statements for the VSMP-related permits through the Water Resources Division (WRD). An Administrative Program Support Assistant position is in place to intake registration statements as well as answer questions about the plan review process and fees. Acceptance of the registration statements is separate from the Building Inspections permitting process. B. Identification of the authority reviewing and approving plans: Plan review and approval for VSMP-related permits is completed by the WRD. The WRD reviews and approves all building, land disturbing, land use and civil permits for compliance with erosion and sediment control, Chesapeake Bay compliance, stormwater management, and floodplain. C. Identification of the authority conducting of inspections and enforcement functions: Inspections and enforcement is performed by the WRD inspection staff. The WRD inspection staff inspects all VSMP-related permitted construction projects within the City for compliance with Virginia Erosion and Sediment Control regulations, Chesapeake Bay Act, TMDL control measure requirements, and Local and State stormwater management requirements. IV. OVERVIEW OF PERMIT TYPES AND APPLICATION REQUIREMENTS Land disturbing activities within the City may require cover under one of two different types of permits issued by the City: (1) a land disturbing permit; or (2) a local VSMP permit. Some activities may also require coverage under the state s General Permit for Discharges of Stormwater from Construction Activities (9VAC25-880). The type of permits coverage and plans required depend on the location and disturbance area of the proposed project. With regard to location, requirements differ depending on whether the proposed activity is within a Municipal Separate Storm System (MS4) or Combined Sewer Overflow (CSO) area, and whether the project is within a Chesapeake Bay Preservation Area (CBPA). The following table, Table 1.0, is an overview of permit and plan requirements for projects of different size within these different Page 2

69 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority areas. Project applicants should consult the City Code for a complete list of application requirements. Page 3

70 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority Table 1.0 Overview of Permit Types and Application Requirements LOT SIZE OLD E&S CODE REQUIRED? OLD CHESBAY (LD) LAND DISTURBING NEW STATE CODE REQUIRED? NEW (RIC)VSMP E & S OR AGREEMENT CHESBAY STATE COVERAGE FEES Single Family 0 to 2,400 ft 2 NO NO 0 to 2,400 ft 2 NO NO NO NO 50-33(b) NO $0 2,500 to 7,499 ft 2 NO YES 2,500 to 3,999 ft 2 NO NO NO YES 50-33(b) NO $0 7,500 to 9,999 ft 2 YES YES 4,000 to 9,999 ft 2 NO NO YES YES 50-33(c)(3) NO $0 10,000 to 43,559 ft 2 YES YES 10,000 to 43,559 ft 2 NO NO YES YES 50-33(c)(3) NO $0 43,560 ft 2 (1 ac)+ YES YES (1 ac)+ YES :34 YES 50-3(c)(3) YES YES 50-33(c)(3) YES $0 Common POD YES YES over 2,500 ft 2 Common POD NO YES SWPPP YES Under GP for CPOD $0 Commercial Development LAND DISTURBING OLD E&S CODE REQUIRED? OLD CHESBAY LAND DISTURBING NEW STATE CODE REQUIRED? NEW (RIC)VSMP E & S Plan CHESBAY STATE COVERAGE 0 to 2,400 ft 2 YES NO 0 to 2,400 ft 2 NO NO NO YES 50-33(b) NO $0 2,500 to 7,499 ft 2 YES YES 2,500 to 3,999 ft 2 NO NO NO YES 50-33(b) NO $0 7,500 to 9,999 ft 2 YES YES 4,000 to 9,999 ft 2 NO YES YES YES 50-33(b) NO $0 10,000 to 43,559 ft 2 YES YES 10,000 to 43,559 ft 2 YES YES 50-33(c)(4) YES YES 50-33(b) NO $0 43,560 ft 2 (1 ac)+ YES YES (1 ac)+ YES YES 50-33(c)(4) YES YES 50-33(b) YES $0 FEES Page 4

71 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority V. EXHIBITS Exhibit A. City of Richmond: VSMP Permit Application Process A visual overview of the VSMP permit application and approval process. Page 5

72 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority Exhibit B. City of Richmond: Land Disturbing Permit Application Process A visual overview of the Land Disturbing Permit application and approval process. Page 6

73 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (1) Revised: Topic: Program Overview and Authority Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 7

74 (Stormwater Utility/ Water Resources Division) UTILITY: Volume (1) Procedures Manual Effective Date: Chapter/Section (2A) Revised: Topic: Procedure for Permit Intake Director: Robert Steidel Date: December Permit Intake 2A. Procedure for Permit Intake REFERENCES: Richmond City Code Chapter and Virginia Administrative Code 9VAC , 9VAC I. PURPOSE The purpose of this procedure is to document the process of intaking permit applications under the Virginia Stormwater Management Program (VSMP). The procedure described herein will be used to intake applications for land disturbing permits, local VSMP permits, or a combination of a local VSMP permit and state General Permit coverage. This procedure includes the review of the application for completeness, acceptance of the initial permit fee, and informing applicants the application is incomplete. The requirements for different permit coverages for land disturbing projects are described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. II. KEY STAFF MEMBERS The key staff members with responsibility in this procedure are the Administrative Program Support Assistants in the Water Resources Division (WRD) of the Department of Public Utilities (DPU) who shall accept, process for payment, and review all applications for permits for land disturbance for completeness. III. REQUIREMENTS A. All applications for land disturbing or VSMP permits shall be processed through the Department of Planning and Development Review between the hours of 8 AM and 5 PM. B. Specific project requirements for land disturbing permits, local VSMP permits, and State General Coverage permits are included in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. C. Staff shall require the following information prior to accepting an application for a land disturbing or VSMP permit: 1. One completed application for a permit on the most current city-approved form. 2. A copy of an application to discharge under the state s General Permit for Discharges from Construction Activities (9VAC25-880), where coverage is required. Page 8

75 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (2A) Revised: Topic: Procedure for Permit Intake 3. Four sets of completed erosion and sediment (E & S) control plans to include all civil engineering information, stormwater, floodplain, and Chesapeake Bay requirements when applicable. 4. One completed Designation of Responsible Land Disturber (RLD) Form with a copy of the State issued RLD certification. 5. One each of a complete Stormwater Plan checklist. 6. All applicable fees associated with the permit (See Attachment 2.A.1 City Code Chapter 50 Part II Appendix A Fee Schedule.) D. No person shall begin to conduct any land-disturbing activity in the City until the City has received all of the items listed above, the appropriate fee has been submitted and a written permit has been issued to the applicant. All land clearing, construction, disturbance, land development and drainage must be performed in accordance with the terms of the permit. Failure to comply may result in enforcement by the city pursuant to section IV. PROCEDURE A. The land disturbance application shall be received by the WRD staff at the Permit Processing Center in City Hall, either in person or via the mail. B. Staff shall process applications in the order received. C. Staff will check the parcel address via GIS online for site conditions including but not limited to: 1. Chesapeake Bay Preservation Area (CBPA) and floodplain areas present on the site 2. City owned property 3. Taxes owned D. The applicant must pay for the application at the front counter. E. A permit application number is generated automatically. This application number will be included on all application correspondence. Note: when the application and plan are approved, a separate permit number will be generated. F. Staff verifies that payment has been made. G. Staff shall determine the completeness of the application based on the checklist below and program requirements: 1. One completed application for a permit on the most current city-approved form. 2. A copy of an application to discharge under the state s General Permit for Discharges from Construction Activities (9VAC25-880), where coverage is required (where required). 3. Four sets of completed E & S control plans to include all civil engineering information, stormwater, pollution prevention plans, Total Maximum Daily Load (TMDL) requirements, floodplain, and Chesapeake Bay requirements when applicable. 4. One completed Designation of RLD Form with a copy of the State issued RLD certification. H. Staff shall determine the completeness of the application in accordance with the appropriate technical criteria as detailed in IV.G, and shall notify the applicant, in writing, of its determination, within 15 calendar days of receipt. If deemed incomplete, the written notification shall explain the reasons staff has deemed the Page 9

76 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (2A) Revised: Topic: Procedure for Permit Intake application incomplete. Where available to applicant, electronic communication shall be considered communication in writing. I. Once the applicant resubmits the information and pays all necessary revision fees, the staff s time to ensure the application is complete is 15 calendar days. J. If staff does not make or communicate a determination of completeness within 15 calendar days, then the application shall be deemed complete. K. Once a complete application is received and verified, staff routes plans to the necessary departments in hardcopy or electronic format with the applicable information: 1. Zoning Department receives one copy of the plan, one copy of the permit application, and one routing slip. 2. Urban Design Committee receives one copy of the plan with a copy of the application only if the parcel is owned by the City of Richmond, Richmond City School Board or Fire and Police. 3. Water Resources Division receives remaining copies of the plans (two if the Urban Design Committee receives one, three if the Urban Design Committee does not receive one), one copy of the completed Stormwater checklist, one completed RLD form, and the original application. V. EXHIBITS Attachment A: City Code Chapter 50 Part II Appendix A Fee Schedule Page 10

77 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (2A) Revised: Topic: Procedure for Permit Intake Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 11

78 UTILITY: (Stormwater Utility/ Water Resources Division ) Volume (1) Procedures Manual Effective Date: Chapter/Section (3A) Topic: Procedure for Permit File Management and Recordkeeping Revised: Director: Robert Steidel Date: December Permit File Management and Recordkeeping 3A. Procedure for Permit File Management and Recordkeeping REFERENCES: Virginia Administrative Code 9VAC ; 9VAC I. PURPOSE The purpose of this procedure is to document the internal processes and technologies used by the Water Resources Division (WRD) to meet the requirements for record keeping associated with land disturbing and Virginia Stormwater Management Program (VSMP)-related permits. These permits include land disturbing permits, local VSMP permits, or a combination of a local VSMP permit and state General Permit coverage. The requirements for different permit coverages for land disturbing projects are described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. II. KEY STAFF MEMBERS The key staff members with responsibility for this process are the Administrative Program Support Assistants of the WRD. III. REQUIREMENTS According to Virginia Administrative Code 9VAC , VSMP authorities shall keep records in accordance with the following: A. Project records, including approved stormwater management plans, shall be kept for three years after state permit termination or project completion. B. Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection. C. Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed. D. All registration statements submitted in accordance with 9VAC shall be documented and retained for at least three years from the date of project completion or state permit termination. The City of Richmond has the following internal requirements: A. At least one hardcopy of all approved plans shall be kept on file within the WRD. A copy of the original permit shall also be kept along with the file. B. When only temporary erosion and sediment (E&S) control plans are necessary for a project, plans shall be kept for 10 years. C. All Chesapeake Bay Site Plans with proposed Best Management Practices (BMPs) and stormwater drainage plans shall be kept in perpetuity. Page 12

79 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (3A) Revised: Topic: Procedure for Permit File Management and Recordkeeping IV. PROCEDURE A. Active Permit Files: 1. Plans received for review in paper form should be stored by staff in a folder and stored as a hardcopy in the central files. If plans are received electronically, staff should store them on DPU s server, and print a hardcopy to store in the central files. 2. Staff should ensure plans are labeled with the building permit address, street address, permit number, name of project or subdivision (if applicable), and the contractor s name. Additional information can be listed on the plans including but not limited to: (1) Resource Protection Areas (RPAs)/ Resource Management Areas (RMAs) designation (2) Floodplain designation (3) VSMP / E&S / drainage requirements (4) State General Permit requirements if applicable (5) Additional permits connected with the plans (6) Previous land disturbance plans approved prior (7) Engineer name, address, phone, information 3. After plans have been approved by the staff (See Procedure 4A Procedure for VSMP Plan Review of this Procedures Manual) staff should move the plans to the active central filing system. After the review is complete and the permit has been issued, and staff will update the folder/ system with the following information: a. One original set of approved stamped civil plans b. One copy of the approved issued permit (Building/land disturbing/etc.) c. One original completed Designation of Responsible Land Disturber (RLD) d. One copy of the bond agreement with a copy of the payment and log number issued by the Department of Public Works. e. One copy of any correspondence mailed/ ed to the engineer, owner concerning comments/revisions to the plans. f. One copy of any additional routing slips for approvals by internal departments g. One copy of the any additional permits required by external government agencies. h. One copy of any report necessary for the documentation or design of any stormwater conveyance system: (1) Hydraulic models (2) Stormwater runoff calculations (3) Pipe design computations i. One copy of all letters/reports submitted for Chesapeake Bay Preservation Areas: (1) Stream determination (2) Wetland determination j. Any specifications for proposed best management practices k. All inspection reports Page 13

80 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (3A) Revised: Topic: Procedure for Permit File Management and Recordkeeping l. One copy of any Easement and Maintenance Agreement B. Construction Inspection Reports Preconstruction and construction inspection reports are tracked and scheduled through the EnerGov system. 1. After the preconstruction inspection is complete, staff will receive notification through the EnerGov system, and will update the plan s record at the central file with a hardcopy of the inspection report. 2. After the construction inspection is complete, the staff will receive notification through the EnerGov system, and will update the plan s record at the central file with a hardcopy of the inspection report. C. Post Construction Inspection Reports Post construction inspection reports will follow the most current MS4 permit requirements and BMP information is tracked in the MS4Web system. 1. After the post construction inspection is complete, staff will update the BMP information in MS4Web and a hardcopy of the post construction inspection report is kept in the central file. D. Inactive Permit Files 1. When the projects have been completed, the staff will move the plans to the closed central file. 2. A project is considered complete when the final inspection is complete and the bond payment has been released. Staff is notified that these processes have occurred through EnerGov. 3. Only the following information is necessary to retain in the closed central file: a. Inspection reports b. Original approved plans c. Hydraulic modeling/calculations/computations d. Approved permits e. Post BMP inspections f. Wetland/Stream determinations 4. Projects that are abandoned or cancelled may also be considered inactive, with identical file management requirements. The determination that a project has been abandoned or cancelled should be based on written notification from the applicant. Page 14

81 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (3A) Revised: Topic: Procedure for Permit File Management and Recordkeeping Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 15

82 (Stormwater Utility/ Water Resources Division) UTILITY: Volume(1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review Director: Robert Steidel Date: December VSMP Permit Application Review 4A. Procedure for VSMP Permit Application Review REFERENCES: Richmond City Code Chapter 50-38:39 Virginia Administrative Code 9VAC , 9VAC , 9VAC , 9VAC , 9VAC , 9VAC , 9VAC , 9VAC , 9VAC Virginia Erosion and Sediment Control Handbook I. PURPOSE The purpose of this procedure is to ensure applications for Virginia Stormwater Management Program (VSMP)-related permits - including land disturbing, local VSMP permits, and State General permit coverage - meet the technical criteria in the City Code 50-39, which meet the requirements listed in the Virginia Administrative Code (9VAC-870). This procedure also defines the process for modifying the permit application if not in compliance. These permits covered by this procedure include land disturbing permits, local VSMP permits, or a combination of a local VSMP permit and state General Permit coverage. The requirements for different permit coverages for land disturbing projects are described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. The VSMP-related permit applications will be reviewed and approved by staff in the Water Resources Division (WRD). Staff will review permit applications and their associated stormwater management plans, erosion and sediment control plans, pollution and prevention plans, floodplain requirements, and Chesapeake Bay site plans as applicable. If not approvable as submitted, staff will resend applications to the applicant for revision until the plans comply with all applicable regulations. II. III. KEY STAFF VSMP-related Permit review and approval will be completed by the Administrative Program Support Assistants in the Water Resources Division (WRD). Administrative Program Support Assistants review and approve all building, land disturbing, land use and VSMP permits for compliance with erosion and sediment control, Chesapeake Bay compliance, stormwater management, and floodplain. REQUIREMENTS A. Specific project requirements for land disturbing permits, local VSMP permits, and State General Coverage permits are included in Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. B. All requirements outlined in 2A Permit Intake Process of this Procedures Manual must be met before application review begins. Page 16

83 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review C. No person shall begin to conduct any land-disturbing activity in the City until the City has received all items required in this process, the appropriate fee has been submitted and a written permit has been issued to the applicant. All land clearing, construction, disturbance, land development and drainage must be performed in accordance with the terms of the permit. Failure to comply may result in enforcement by the city pursuant to City Code D. Records for the review of these applications shall be kept in accordance with procedures describe in Section 3A Procedure for Permit File Management and Recordkeeping of this Procedures Manual. IV. PROCEDURE A. Overall Application Review Process After the application is received through the permit intake process and verified as complete as required by 2A Procedure for Permit Intake Process of this Procedures Manual, staff will begin to review the technical content of the application for approval. For more detailed technical review elements, please see each applicable section. 1. Application Content Review Overview Staff shall verify that all additional permit approvals are received prior to issuing the permit. Those permits include but are not limited to: a. United States Army Corp of Engineers (USACE) Permits b. Virginia Department of Environmental Quality (VA DEQ) General Permit Coverage c. USACE Wetland Determinations d. VA DEQ Stream Determinations e. City of Richmond Parks & Recreations Approval f. Approval letter from adjacent property owners for work on privately owned parcels g. All building and trade permits 2. Overall Application Review and Approval Timeline a. Staff shall have 60 calendar days from the date of the communication of completeness to review the application, except that if a determination of completeness is not made within 15 days (as described in Section 2A Procedure for Permit Intake Process of this Procedures Manual), then the application shall be deemed complete and staff shall have 60 calendar days from the date of submission to review the application. b. If staff disapproves the application, they shall communicate the decision writing to the applicant or his designated agent, providing the reasons for disapproval. c. During the review period, and subject to state law regarding the protection of specified confidential information, staff shall make a copy of the application available to the public for comment. Staff shall consider any comments timely received prior to taking final action on a permit application. d. Staff shall review any revised application within 45 calendar days of the resubmission. Page 17

84 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review 3. Application Revisions Any revisions to an application must be submitted through the permit intake office. Once an application has been approved the permittee shall only modify the associated plans under the following terms: a. After review and written approval by the staff. The staff shall have 60 calendar days to respond in writing either approving or disapproving such a request. 4. Application Approval a. Once the application contains all of the necessary information and meets all of the appropriate technical criteria, staff should approve the application and communicate the decision in a written letter to the applicant or his approved agent. b. Staff will generate and distribute a permit, generating a hard copy original for the central files. Staff will distribute a physical permit to the owner/contractor, and will send one to the assigned inspector. EnerGov will automatically generate a permit number. c. Staff should stamp, date, approve, and distribute a final set of applications accordingly: (1) One approved set will be kept on file according to Section 3A Procedure for Permit File Management and Recordkeeping of this Procedure Manual. (2) One set will be given to the Site inspector to be retained for completed all required inspections on site. (3) One approved set will be given to the contractor listed on the permit. (4) One approved set will be given to the land owner. 5. Permit Plan Revisions Any revisions to an approved set of VSMP permit plans must be submitted through the permit intake office and all necessary revision fees paid. As appropriate, revisions should also be sent to DEQ for record keeping. Once an application has been approved and a permit issued, the permittee shall only modify the associated plans under the following terms: a. After review and written approval by staff. Staff shall have 60 calendar days to respond in writing either approving or disapproving such a request. b. When required by staff, and within a time prescribed by staff, to address any deficiencies noted during inspection. c. The permittee shall submit a construction record drawing for permanent stormwater management facilities, unless waived by staff pursuant to section. B. Technical Review of Stormwater Management (SWM) Plan: Staff will review the application for the technical criteria established in 9VAC to ensure that the following technical criteria are met. A SWM Plan is required as described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. 1. A SWM plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. 2. A complete SWM plan shall include the following elements: Page 18

85 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review a. Information on the type of and location of stormwater discharges, information on the features to which stormwater is being discharged including surface waters or karst features if present, and predevelopment and postdevelopment drainage areas; b. Contact information including the name, address, telephone number, and address of the owner and the tax reference number and parcel number of the property or properties affected; c. A narrative that includes a description of current site conditions and final site conditions or if allowed by the VSMP authority, the information provided and documented during the review process that addresses the current and final site conditions; d. A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete; e. Information on the proposed stormwater management facilities, including (i) the type of facilities; (ii) location, including geographic coordinates; (iii) acres treated; and (iv) the surface waters or karst features into which the facility will discharge; f. Hydrologic and hydraulic computations, including runoff characteristics; g. Documentation and calculations verifying compliance with the water quality and quantity requirements of these regulations; h. A map or maps of the site that depicts the topography of the site and includes: (1) All contributing drainage areas; (2) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains; (3) Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas; (4) Current land use including existing structures, roads, and locations of known utilities and easements; (5) Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels; (6) The limits of clearing and grading, and the proposed drainage patterns on the site; (7) Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and (8) Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, and easements; (9) If an operator intends to meet the requirements established in 9VAC or 9VAC through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included; and (10) If payment of a fee is required with the stormwater management plan submission by the VSMP authority, the Page 19

86 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review fee and the required fee form must have been submitted. For more information on the fee, see 3. Elements of the stormwater management plans that include activities regulated under Chapter 4 ( et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 ( et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. 4. A construction record drawing for permanent stormwater management facilities shall be submitted to the VSMP authority in accordance with 9VAC and 9VAC The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. C. Technical Review of the Erosion and Sediment (E&S) Control Plan: Staff will review the application for the technical criteria established in "Virginia Erosion and Sediment Control Regulations" (9VAC25-840) and the Virginia Erosion and Sediment Control Handbook. When the standards vary between the publications, the state regulations shall take precedence. These technical criteria are included as an attachment to this document. An E & S Plan is required as described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. 1. In addition to the review schedule and requirements listed in Section IV.A.2., the following criteria apply specifically to E&S Plans: a. The plan shall confirm that, as a prerequisite to plan approval, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to the program authority, as provided by Code of Virginia, :55, who will be in charge of and responsible for carrying out the landdisturbing activity. Failure to provide the name of an individual responsible land disturber holding a certificate of competence prior to engaging in land-disturbing activities may result in the revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in City Code The permittee may change an approved E&S control plan when: a. The inspection reveals that the plan is inadequate to satisfy applicable regulations; or b. The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by staff and the person responsible for carrying out the plans in the application. D. Technical Review of the Pollution Prevention Plan: The Pollution Prevention Plan, as part of the Stormwater Pollution Prevention Plan (SWPPP), is required as described in the Permit Application Requirements in Section 1 Program Overview of Page 20

87 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review this Procedures Manual. The State will review the SWPPP, but only after the City has reviewed and approved it. City staff will review it according to the following technical criteria and it should be noted that the timeline listed in Section IV.A. does not apply to this part of the approval process: 1. The Pollution Prevention plan should detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, these measures shall be designed, installed, implemented, and maintained to: a. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; b. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and c. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. 2. The Pollution Prevention plan shall include effective BMPs to prohibit the following discharges: a. Wastewater from washout of concrete, unless managed by an appropriate control; b. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and d. Soaps or solvents used in vehicle and equipment washing. 3. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. E. Technical Review of the Chesapeake Bay Site Plan: Staff will review the application for compliance with the City s specific ordinance regulations related to the Chesapeake Bay (Richmond City Code 50 Article V). A Chesapeake Bay Site Plan is required as noted in Section 1.III Program Overview of this Procedures Manual. F. Technical Review of the Floodplain Requirements: Staff will review the application for compliance with the City s specific ordinance regulations related to the Floodplain requirements (Richmond City Code 50 Article III). V. EXHIBITS A. Attachment A: DPU WRD Stormwater Plan Checklist Page 21

88 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4A) Revised: Topic: Procedure for VSMP Permit Application Review Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 22

89 (Stormwater Utility/ Water Resources Division) UTILITY: Volume (1) Procedures Manual Effective Date: Chapter/Section (4B) Revised: Topic: Procedure for Bond Intake, Release, and Recordkeeping Director: Robert Steidel Date: December B. Procedure for Bond Intake, Release, and Recordkeeping REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC I. PURPOSE The purpose of this procedure is to document the process for bond determination, intake, release, and recordkeeping. Staff determines, intakes, releases, and maintain records related to bonds for the local VSMP and land disturbing permit. (Note: The requirements for different permit coverages for land disturbing projects are described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual.) The Director of the Department of the Public Works is responsible for final approval of the bond. The amount of the bond depends on the specifications of the project. II. III. IV. KEY STAFF MEMBERS The Administrative Program Support Assistants and the Administrator (the Water Resources Operations Manager) in the WRD are responsible for bond determination, intake, and release. The Director of the Department of Public Works is responsible for final bond approval. REQUIREMENTS A. Prior to issuance of any land disturbing or VSMP permit, the applicant shall be required to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the city to ensure that measures could be taken by the City at the applicant s expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of the applicant by the permit conditions, requirements of the approved erosion and sediment control plan, or requirements relating to floodplain management or Chesapeake Bay Preservation Area, as a result of the applicant s land disturbing activity. B. If the City takes such action upon such failure by the applicant, the City may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. PROCEDURE A. Bond Determination Once the erosion and sediment control and stormwater plans are approved as described in Section 4A Procedure for VSMP Permit Application Review of this Procedures Manual, staff will determine an estimated bond amount using the most current bond excel spreadsheet. Page 23

90 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4B) Revised: Topic: Procedure for Bond Intake, Release, and Recordkeeping B. Bond Payment 1. Staff informs the applicant of the bond amount owed. 2. The applicant pays the bond amount to staff that processes the payment. C. Bond Approval Once the bond amount is determined and paid, it must be approved. 1. Staff submits the bond to the Department of Public Works (DPW) for approval from the DPW Director. 2. Once the DPW Director approves the bond, DPW staff assigns the bond a number and associates it with the permit. 3. DPW staff submits the bond to WRD staff electronically 4. WRD staff enters the information into EnerGov. D. Bond Release 1. Such bond, cash escrow or letter of credit, or the unexpended or un-obligated portion thereof, relating to erosion and sediment control obligations shall be either refunded to the applicant or terminated when the appropriate staff determines the following criteria are met: a. When at least 80% of the vegetation on the project or project section is established. b. These requirements are evaluated during final inspection by WRD inspectors and communicated to the Administration through the inspection reports as described in Section 7A Procedure for Final Inspection of this Procedures Manual. 2. The Administrator informs DPW staff that the bond can be released. 3. DPW will remit the check or cancelled surety bond to refund the bond to the permittee. V. EXHIBITS A. Attachment A: DPU Bond Spreadsheet Page 24

91 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4B) Revised: Topic: Procedure for Bond Intake, Release, and Recordkeeping Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 25

92 (Stormwater Utility/ Water Resources Division) UTILITY: Volume (1) Procedures Manual Effective Date: Chapter/Section (4C) Revised: Topic: Procedure for Processing Easement and Maintenance Agreements Director: Robert Steidel Date: December C. Procedure for Processing Easement and Maintenance Agreements REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC Non-Residential and Multi-Family Property Credit Manual (City of Richmond Department of Public Utilities (DPU), Stormwater Management Program) August 2013 ( ) I. POLICY AND PURPOSE The purpose of this procedure is to document the intake and processing of a Best Management Practice (BMP) Maintenance and Easement Agreement (EMA) as required by local Virginia Stormwater Management Program (VSMP) and land disturbing permits. EMAs provide the City access to inspect and maintain BMPs as required by Virginia Administrative Code 9VAC II. KEY STAFF MEMBERS The key staff members with responsibility for the intake and processing of the BMP EMA are the Administrative Program Support Assistants of the WRD and staff from the City Attorney s office. III. REQUIREMENTS A. A signed BMP EMA is required for local VSMP and land disturbing permits as listed in City Code and fulfills the requirements list in Virginia Administrative Code 9VAC B. A signed BMP EMA is required for receiving Stormwater credit for Non-Residential/ Multi-Family properties. C. The BMP EMA shall be binding on the parties, their administrators, executors, successors, heirs, assigns and agents. D. Indefinitely and at all times, the facilities as shown on the stormwater management plan shall be maintained by the owner or his appointee in good working order acceptable to the City. The inspection and maintenance of the facilities shall be performed following the guidance provided in the latest edition of the Virginia Stormwater Management Handbook or at the Virginia Stormwater BMP Clearinghouse web site. (See Section 7.C. Procedure for Maintenance of Privately Owned Facilities in this Procedures Manual). E. The Owner hereby grants, bargains and conveys to the City an easement over the property to take whatever steps it deems necessary to maintain the facilities. This easement may only be exercised by the City in the event that the owner fails to correct defects or does not commence action necessary to correct any defects to the good working order of the facilities within 14 days after written notice of such Page 26

93 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4C) Revised: Topic: Procedure for Processing Easement and Maintenance Agreements defects to owner; In the event owner fails to correct any defects or commence the correction of such defects to the good working order of the facilities within 14 days after written notice of such defects to owner, the City may enter upon the property and take whatever steps it deems necessary to maintain said facilities. F. It is expressly understood and agreed that the City is under no obligation to maintain or repair the facilities and in no event shall this Agreement be construed to impose any such obligation on the City. G. In the event of an emergency involving the facilities, as determined by the Director of DPU, the City, at its option, may enter immediately upon the property and take whatever steps it deems necessary to meet the emergency. Alternatively, the City may notify the owner by phone and take whatever action is necessary within a specified period of time. Should the owner fail to respond, or should the owner inform the City that it intends not to respond within the specified period of time, the City may, at its option, enter immediately upon the land and take whatever steps it deems necessary to meet the emergency. H. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the inspection and maintenance of the facility, including access to the facility. I. In the event the City, pursuant to BMP EMA performs work or expends any funds necessary for the maintenance of the facilities, including labor, equipment, supplies and materials, the owner shall reimburse the City, within 10 days after the City gives the owner written notice of such expenditures. J. The Owner, its executors, administrator, assigns and any other successors in interest, shall indemnify and hold harmless the City and its agents and employees for any and all damages, accidents, casualties, occurrences or claims which might arise or be asserted against the City arising out of or resulting from the construction, presence, existence or maintenance of the facilities by the owner or the City. K. In the event a claim is asserted against the City, its agents or employees, the City shall promptly notify the owner and the owner shall defend at its own expense any suit based on such claim. If any judgment or claim against the City, its agents or employees shall be allowed, the owner shall pay all costs and expenses immediately. L. This Agreement shall be recorded in the Richmond Circuit Court Clerks office, shall constitute a covenant running with the land, and shall be binding upon its administrators, executors, assigns, heirs and any other successors in interest. IV. PROCEDURE A. WRD staff reviews the EMA for completeness and correctness. If incorrect, staff notifies the applicant in writing. B. After the EMA is determined to be correct and complete: 1. WRD staff sends it to the City Attorney s office for signature; the EMA is returned to WRD staff. 2. WRD Staff sends it to the Director of the Department of Utilities for signature; the EMA is returned to WRD staff. 3. WRD Staff sends it to the Chief Administrative officer for signature; the EMA is returned to WRD staff. C. WRD staff records the agreement, and associates with it, by BMP parcel number through EnerGov. Page 27

94 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4C) Revised: Topic: Procedure for Processing Easement and Maintenance Agreements D. WRD staff files a hardcopy of the EMA with the active permit at the central file. V. EXHIBITS A. Attachment A: Easement and Maintenance Agreement Page 28

95 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (4C) Revised: Topic: Procedure for Processing Easement and Maintenance Agreements Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 29

96 (Stormwater Utility/ Water Resources Division) UTILITY: Volume (1) Procedures Manual Effective Date: Chapter/Section (5A) Revised: Topic: Procedure for VSMP Construction Inspection and Monitoring Director: Robert Steidel Date: December Construction Inspection 5A. Procedure for VSMP Construction Inspection and Monitoring REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC I. POLICY AND PURPOSE The purpose of this procedure is to describe the process by which the City inspects and monitors land disturbing activities during construction, including those permitted through land disturbing permits, local VSMP permits, and State General Permit coverage in the City. The requirements for different permit coverages for land disturbing projects are described in the Permit Application Requirements in Section 1 Program Overview of this Procedures Manual. II. III. KEY STAFF MEMBERS The key staff members with responsibility for this process are the Site Inspectors in the Water Resource Division (WRD). REQUIREMENTS A. The City shall inspect the land-disturbing activity during construction for: 1. Compliance with the approved erosion and sediment (E&S) control plan; 2. Compliance with the approved stormwater management plan; 3. Development, updating, and implementation of a pollution prevention plan; and, 4. Development and implementation of any additional control measures necessary to address a Total Maximum Daily Load (TMDL). B. This procedure refers to inspections performed during construction. It does not include the pre-construction conference or post-construction inspection. Postconstruction inspection procedure information can be found in 7A of this Procedures Manual. C. The Administrator is authorized to require, and a permittee shall furnish, when requested, any application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of the discharge on the quality of state waters. D. On-going land-disturbing activities must be inspected quarterly and at least once before the final inspection to ensure compliance with the permit. E. Erosion and Sediment control (ESC) inspections are dictated by the ESC ordinance. Stormwater management inspections are conducted after installation of a stormwater maintenance facility but before it is covered, as well as one final inspection. Page 30

97 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (5A) Revised: Topic: Procedure for VSMP Construction Inspection and Monitoring F. The permittee shall permit the Administrator to conduct such an inspection at reasonable times and under reasonable circumstances. IV. PROCEDURE A. Initial Inspection 1. Before any land disturbing activities can begin and before the initial construction inspection, the inspector and the permittee must hold a preconstruction meeting. 2. The permittee or operator of a land-disturbing activity will request their ongoing construction inspection through the City s online inspection request form, as referred to in Attachment A. Inspection Requests Guidance form. 3. After the request the inspection will be scheduled automatically through the EnerGov software program, and the permittee will be notified. 4. Prior to the inspection, the Inspector will review the approved permit. 5. During the inspection, the inspector will meet with the permittee or his designee and inspect the site for: a. Compliance with the approved E & S control plan; b. Compliance with the approved stormwater management plan; c. Development, updating, and implementation of a pollution prevention plan; d. Development and implementation of any additional control measures necessary to address a TMDL, and, e. Chesapeake Bay Requirements. 6. Using the Construction Inspection checklist, the inspector will record any violations that appear on the site. A notice to comply will be given and shall list all of the violations to be corrected at the date by which the violations must be corrected. 7. If approved, the inspector will release a written copy of the Inspection report. 8. The inspector will file a copy to be included with permit in the central file system (for more on record-keeping, see Section 3A Procedure for Permit File Management and Recordkeeping of this Procedures Manual). 9. The inspector will arrange a time to return to the site on the date specified in the inspection report to re-inspect the construction project. 10. Upon reinspection, the inspector will check the site for corrections of the previously noted violations and any new violations. A new construction inspection report will be used to document the reinspection. 11. Should the correction be incomplete or more violations noted, another notice to comply shall be given. If the violations are severe enough or the continued re-inspections are ignored, a stop work order may be issued and construction shall cease until the violations are corrected. 12. If the Administrator determines that there is a failure to comply with the all notices to comply to correct violations or any other part of the VSMP program, the Administrator may initiate such informal and/or formal administrative enforcement procedures in a manner authorized by the VSMP ordinance and any applicable city-issued polices. V. EXHIBITS Page 31

98 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (5A) Revised: Topic: Procedure for VSMP Construction Inspection and Monitoring A. Attachment A. Inspection Request Guidance B. Attachment B. Construction and Final Inspection Checklist Page 32

99 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (5A) Revised: Topic: Procedure for VSMP Construction Inspection and Monitoring Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 33

100 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Chapter/Section (6A) Topic: Procedure for Serving and Documenting Enforcement Measures Director: Robert Steidel Date: December 2013 Revised: 6. Enforcement 6A. Procedure for Serving and Documenting Enforcement Measures REFERENCES: Richmond City Code Chapter Virginia Erosion and Sediment Control Handbook Virginia Administrative Code 9VAC ; 9VAC :48 of the Code of Virginia I. PURPOSE The City inspects and monitors land disturbing projects, including those permitted through land disturbing permits, local VSMP permits, and State General Permit coverage in the City. The Administrator is authorized to inspect these projects during and after construction (see Sections 5A Procedure for Construction Inspection and Monitoring and 7A Procedure for Final Inspection of this Procedures Manual), for the following: A. Compliance with the approved erosion and sediment (E & S) control plan; B. Compliance with the approved stormwater management plan; C. Development, updating, and implementation of a pollution prevention plan; D. Development and implementation of any additional control measures necessary to address a Total Maximum Daily Load (TMDL). E. Chesapeake Bay Site Plans; and F. Floodplain requirements. Permittees or their designee must also attend inspections, and can be found to not be in compliance if inspections are missed. If determined to not be in compliance with these measures the City will serve and document informal and formal enforcement measures. The purpose of this procedure is to document the process of serving and documenting these enforcement measures including: A. Issuing verbal warning and inspection reports B. Issuing notice of corrective action C. Issuing notice to comply D. Issuing consent special order and civil charges E. Issuing fines to offenders F. Issuing civil and criminal judicial procedures This procedure also documents the process for scheduling follow up inspections and ceasing violations. Inspections and violations are scheduled and tracked through the EnerGov system according to Section 5A Procedure for Construction Inspection and Monitoring of this Procedures Manual, and a record of these inspection reports and violations are recorded for active permits in the central file system according to Section 3A Procedure for Permit File Management and Recordkeeping of this Procedures Manual. Page 34

101 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures II. KEY STAFF The Key Staff responsible for this procedure are the Site Inspectors of the Water Resource Division (WRD) and agents of the Administrator. III. REQUIREMENTS A. The City shall develop policies and procedures that outline the steps to be taken regarding enforcement actions under the Stormwater Management Act and attendant regulations and local ordinances. B. Pursuant to :48 of the Code of Virginia, the City has the discretion to impose a maximum penalty which may reflect the degree of harm caused by the violation and take into account the economic benefit to the violator from noncompliance. Violations include, but are not limited to: 1. No state permit registration; 2. No Stormwater Pollution Prevention Plan (SWPPP); 3. Incomplete SWPPP; 4. SWPPP not available for review; 5. No approved erosion and sediment control plan; 6. Failure to install stormwater BMPs or erosion and sediment controls; 7. Stormwater BMPs or erosion and sediment controls improperly installed or maintained; 8. Operational deficiencies; 9. Failure to conduct required inspections; 10. Incomplete, improper, or missed inspections. C. The VSMP authority may use additional guidance concerning suggested penalty amounts provided by the department. IV. PROCEDURE A. Overview of Process 1. If the inspector determines that there is a failure to comply with the permit, or determines that there is an unauthorized discharge, the inspector shall serve notice served upon the permittee, operator or person responsible for carrying out the permit conditions by any of the following: a. Verbal warnings and inspection reports, b. Notices of corrective action, c. Consent special orders, and notices to comply. B. Issuing Notice of Corrective Action / Inspection Reports 1. Inspectors will serve Notice to Comply / written corrective actions by registered or certified mail to the address specified in the permit application, or by delivery at the site of the development activities to the agent or employee supervising such activities. 2. In the written notice, the inspector shall prepare an inspection report which specifies the non-compliance and the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Verbal warnings are given at the time of inspection. Page 35

102 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures 3. Upon receipt of the written notice, it should be signed by the responsible party to document receipt of the report. Staff will file a copy of the report in the central file. 4. Notice to Comply a. The inspector will shall issue a Notice to Comply and shall specify in this Notice to Comply that the corrective action must be completed within three working days or a Stop Work Order will be issued. b. This document shall be delivered to and signed by the responsible party and the inspector or agent of the Administrator will track and process this notice. In the event that the report must be faxed to the responsible party, a copy of the transmittal report shall be attached to the file copy of the Inspection Report and City staff shall telephone the responsible party to verify receipt. C. Failure to Respond to Written Notice 1. If the permittee fails to comply or ensure that a responsible party complies within the time specified, the inspector acting as an agent of the Administrator is authorized to: a. Issue a stop work order, or, b. Revoke the permit c. Pursue additional enforcement measures. d. For E&S Control violations, a Notice to Comply shall be issued immediately by the inspector if the required as documented in the Inspection Report has not been executed within seven working days. 2. Stop Work Order a. An inspector issues a stop work order to the permittee by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Administrator. b. The stop work order is effective upon service on the permittee. c. In E&S Control violations, if the corrective action is not commenced with 24 hours of the stop work order, legal action may be taken by the City. In doing so, the land disturbance or VSMP permit shall be revoked. d. If the inspector issues a stop work order, the permittee shall cease or ensure that all land-disturbing activities cease until the inspector confirms in writing that: (1) The permit violation(s) has ceased, and/or (2) An approved plan and required permits have been obtained, and/or (3) Specified corrective measure(s) have been completed. e. Determining the permit violation(s) has ceased: (1) The permittee will perform corrective actions and will request a re-inspection using the City s online service. (2) The inspection will be automatically scheduled through the EnerGov system. (3) The inspector will re-inspect the project and record on the inspections report the violation(s) have been corrected. Page 36

103 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures (4) The inspector will record this in the EnerGov system and will give a copy to permittee. Staff will file a copy of the inspection report for the central file system. f. If an approved plan and required permits have not been obtained prior to a Stop Work Order: (1) The permittee will submit an application. (2) If these plans / permits are VSMP-related, WRD staff will review and approve them according to the Section 4A Procedure for VSMP Permit Application Review of this Procedure Manual. 3. Revoke the Permit a. An agent of the Administrator will revoke the permit. D. Issuance of an Emergency Order to Cease Work 1. The Administrator is authorized if, in the Administrator s discretion, any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, to issue, without advance notice or hearing, an emergency order directing such person to cease immediately all landdisturbing activities on the site. a. The Administrator would determine a violation requires an emergency order to cease land disturbing activities by reviewing results of an inspection or complaint. b. This emergency order is issued by the Administrator. c. The Administrator shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to a permittee, in order to determine whether to affirm, modify, amend, or cancel such emergency order. (See Section 6B Procedure for Responding to and Documenting Hearings of this Procedures Manual for the City s processes related to Hearings). E. Issuance of a Consent Special Orders and Civil Charges 1. The Administrator shall issue consent special orders pursuant to any person subject to a VSMP Authority permit who the Administrator determines is/has: a. Permitting or causing the unreasonable degradation of properties, water quality, stream channels, and other natural resources to cease and desist from such activities; b. Failed to construct facilities in accordance with final approved plans and specifications to construct such facilities; c. Violated a permit issued by the city; d. Failed to comply with any decision of the Administrator or city; or e. Violated the terms of any order issued by the Administrator, or the city. 2. The Administrator may determinate the permittee has these failures to comply during an inspection or review of an inspection. Page 37

104 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures 3. The Administrator shall issue such special orders, including procedures for public notice and comment, unless issued as an emergency order consistent with IV.C. above. 4. In a consent special order, the Administrator shall order the person to comply with the terms of the order, as well as any provision of this article or decision by the Administrator or city. 5. Special orders may include, with the consent of the person subject to the order, a civil charge for violations of the requirements listed in IV.D.1 above. Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in any appropriate court by the city to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. 6. These special consent orders and civil charges are tracked by an agent of the Administrator. 7. These special consent orders and civil charges can be ceased. F. Issuance of Fines to Offenders 1. The Administrator may subject any person who fails, neglects or refuses to comply with any order of the Administrator or city, to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. a. Each day of violation of each requirement shall constitute a separate offense. 2. The Administrator determines these fines. 3. The Administrator issues these fines to offenders. 4. The city may issue a summons for the collection of the civil penalty and the action may be prosecuted in the appropriate court. 5. The Administrator may impose these penalties for violations including but not be limited to: a. No state permit registration; b. No SWPPP; c. Incomplete SWPPP; d. SWPPP not available for review; e. No approved erosion and sediment control plan; f. Failure to install BMPs or erosion and sediment controls; g. BMPs or erosion and sediment controls improperly installed or maintained; h. Operational deficiencies; i. Failure to conduct required inspections; j. Incomplete, improper, or missed inspections; and k. Discharges not in compliance with the requirements of the General Permit. l. Once the permittee pays the fine and resolves deficiencies to the written satisfaction of the Administrator, the violation can cease and work can resume. G. Issuing Civil and Criminal Judicial Procedures 1. If deficiencies are not remedied through any other civil or equitable remedy as provided above, any person who willfully or negligently violates any Page 38

105 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures provision of the permit-related article, any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, either or both. V. EXHIBITS A. Attachment A. E&S Control Procedure for Enforcement Page 39

106 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6A) Revised: Topic: Procedure for Serving and Documenting Enforcement Measures Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 40

107 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Chapter/Section (6B) Revised: Topic: Procedure for Responding to and Documenting Hearings Director: Robert Steidel Date: December B. Procedure for Responding to and Documenting Hearings REFERENCES: Richmond City Code Chapter I. PURPOSE The City inspects and monitors land disturbing projects, including those permitted through land disturbing permits, local VSMP permits, and State General Permit coverage in the City to ensure they are in compliance with pertinent permit and regulatory requirements. Permit applicants or permittees aggrieved by inaction or action of the Administrator may demand in writing a formal hearing in accordance with City Code. The purpose of this procedure is to document the City s response to and documentation of these hearings. II. III. KEY STAFF The key staff responsible for this procedure are the City Council and its designated board, as well as support from Site Inspectors and administrative program management analysts in the Water Resources Division (WRD). REQUIREMENTS A. Any permit applicant or permittee that is aggrieved by any action of the Administrator taken without a formal hearing may demand in writing a formal hearing, provided such demand is filed within 30 days after notice of such action is given by the Administrator. B. Any permit applicant or permittee that is aggrieved by the inaction of the Administrator may request in writing that a certain action be taken. If the action is not taken by the Administrator within 15 days after the request is sent, the permit applicant, permittee, or other person subject to the requirements of this article that is aggrieved by the inaction of the Administrator may demand in writing a formal hearing, provided such demand is filed within 30 days after the request is sent. B. The Administrator shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to a permittee, in order to determine whether to affirm, modify, amend, or cancel such emergency order. The Administrator is authorized if, in the Administrator s discretion, any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, to issue, without advance notice or hearing, an emergency order directing such person to cease immediately all landdisturbing activities on the site. Page 41

108 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6B) Revised: Topic: Procedure for Responding to and Documenting Hearings IV. PROCEDURE A. Appointing the Hearing If a request for a hearing is received by the Administrator as noted in the B. Requirements section of this procedure: 1. A board will be established and appointed by city council by separate ordinance to conduct a hearing. a. Any member of the board shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. b. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by majority vote of the board, which action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. 2. A time and place for the hearing will be set by the board within its discretion. 3. The board will communicate the time and place for the hearing to the permittee. B. Recordkeeping for the Hearing 1. The board shall take a verbatim record of the proceedings of such hearings and file them with city council. 2. Depositions may be taken by the board and read as in actions at law. 3. Decisions rendered during the hearing will be submitted to the appropriate parties by the Administrator. When appropriate, violations and emergency orders so that land disturbing activities can be resumed by the permittee. 4. The board will also file a copy of the record of the proceedings for the pertinent permit plan with the central file system. Page 42

109 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6B) Revised: Topic: Procedure for Responding to and Documenting Hearings Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 43

110 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Chapter/Section (6C) Revised: Topic: Procedure for Responding to and Documenting Appeals Director: Robert Steidel Date: December C. Procedure for Responding to and Documenting Appeals REFERENCES: Richmond City Code Chapter I. PURPOSE The City inspects and monitors land disturbing projects, including those permitted through land disturbing permits, local VSMP permits, and State General Permit coverage in the City to ensure they are in compliance with pertinent permit and regulatory requirements. Permit applicant or permittees aggrieved by the issuance or non-issuance of a permit or an enforcement decision by the Administrator may request an appeal of the decision in accordance with City Code. The purpose of this procedure is to document the City s response and documentation of these appeals. II. III. KEY STAFF The key staff responsible for this procedure are the City s Chief Administrative Officer (CAO) and the Administrator. REQUIREMENTS A. Any permit applicant, permittee who is aggrieved by the issuance or non-issuance of a permit or an enforcement decision by the Administrator, or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Administrator to issue a permit, may request an appeal of the decision. Such appeal shall be filed by the appellant within 30 days from the date of the action with the City s CAO. IV. PROCEDURE A. Within 15 days of the date on which the appellant files as specified in the III.A. Requirements section of this procedure, the CAO shall schedule a hearing thereon at which both the appellant and the Administrator may be heard. 1. Such hearing shall be scheduled no sooner than 30 days after the chief administrative officer furnishes the appellant and the Administrator with written notice of the date, time and location of the hearing. B. The CAO shall review the evidence and arguments by both the appellant and the Administrator. Such evidence and arguments may be submitted in writing prior to the hearing or presented during the hearing. C. No later than 15 days after the hearing, the chief administrative officer shall issue to the appellant and the Administrator a written decision affirming, reversing or modifying the action of the Administrator. Page 44

111 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6B) Revised: Topic: Procedure for Responding to and Documenting Hearings D. The Administrator will take the appropriate action to implement and document the hearing decision. Page 45

112 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (6B) Revised: Topic: Procedure for Responding to and Documenting Hearings Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 46

113 (Stormwater Utility/ Water Resources Division) UTILITY: Volume(1) Procedures Manual Effective Date: Chapter/Section (7A) Revised: Topic: Procedure for Final VSMP Inspection Director: Robert Steidel Date: December Post Construction Activities 7A. Procedure for Final VSMP Inspection REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC I. PURPOSE The purpose of this procedure is to describe the process through which the City conducts the final inspection of land disturbing activities, including those permitted through land disturbing permits, local VSMP permits, and State General Permit coverage in the City. The City conducts these inspections to ensure the Stormwater Management Controls were constructed as designed. II. KEY STAFF MEMBERS The key staff members with responsibility for this procedure are the Site Inspectors of the Water Resource Department (WRD). III. REQUIREMENTS A. The City shall conduct a post construction inspection of land-disturbing activity for: 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved stormwater management plan; 3. Implementation of a pollution prevention plan; and, 4. Implementation of any additional control measures necessary to address a Total Maximum Daily Load (TMDL). 5. Compliance with the approved Chesapeake Bay Site Plan. B. Before a bond can be released, a final successful inspection must be completed. IV. PROCEDURE A. Final Inspection 1. After the land disturbing activities are complete and before the bond can be released, the inspector must complete an inspection to ensure that the permittee is meeting the requirements of their permit. 2. The RLD, permittee or landowner of a land-disturbing activity will request their final construction inspection through the City s online inspection request form. 3. The inspection must be requested at least 24 hours prior to the date of the required inspection 4. Prior to the inspection, the inspector will review the approved permit plans. Page 47

114 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7A) Revised: Topic: Procedure for Final Inspection 5. During the inspection, the inspector will meet with the permittee or his designee and inspect the site for: a. Compliance with the approved erosion and sediment control plan; b. Compliance with the approved stormwater management plan; c. Completion of a pollution prevention plan; d. Implementation of any additional control measures necessary to address a TMDL; and (1) The inspector shall use visual indicators or other Best Management Practice (BMP)-specific criteria developed by the Chesapeake Bay Program or Virginia Department of Environmental Quality (DEQ), if such as available for the BMP type in question. e. Chesapeake Bay Site Plan Requirements. 6. Using the attached Construction Inspection checklist, the inspector will record if the permittee is approved or disapproved in meeting compliance with the above measures. 7. If approved, the inspector will release a written copy of the Inspection report. 8. If not approved or if the permittee failed to appear, the inspector will release the inspection report through the process outlined in Section 6.A.Procedure for Serving and Document Enforcement Measures of this Procedures Manual. 9. The inspector will file a copy to be included with permit in the central file system (for more on record-keeping, see Section 3A.Procedure for Permit File Management and Recordkeeping of this Procedures Manual). B. Reinspection 1. If the inspector found the site to be out of compliance during the first inspection, a reinspection will be required to inspect for compliance. This will occur once the permittee has met the corrective actions and paid the reinspection fee as required by their violation. For more information on corrective actions and enforcements, see Section 6A. of this manual. 2. The permittee or operator of a land-disturbing activity will request their ongoing construction inspection through the City s online inspection request form, as referred to in Attachment A. Inspection Requests Guidance form. 3. After the request the inspection will be scheduled through the EnerGov software program, and the permittee will be notified. 4. Prior to the inspection, the Inspector will review the approved permit, including the violations. 5. During the inspection, the inspector will meet with the permittee or his designee and inspect the site for: a. Compliance with the approved erosion and sediment control plan; b. Compliance with the approved stormwater management plan; c. Completion of a pollution prevention plan; d. Implementation of any additional control measures necessary to address a TMDL; (1) The inspector shall use visual indicators or other Best Management Practice (BMP)-specific criteria developed by the Chesapeake Bay Program or Virginia Department of Page 48

115 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7A) Revised: Topic: Procedure for Final Inspection V. EXHIBITS Environmental Quality (DEQ), if such as available for the BMP type in question. e. Chesapeake Bay Site Plan Requirements; and f. Prior violations. 6. Using the attached Construction Inspection checklist, the inspector will record if the permittee is approved or disapproved in meeting compliance with the above measures. 7. If approved, the inspector will release a written copy of the Inspection report. 8. If not approved or if the permittee fails to appear, the inspector will release the Inspection report through the process outlined in Section 6A Procedure for Serving and Document Enforcement Measures of this Procedures Manual. a. If the BMP is a VSMP permitted and receiving credit for full pollutant removal for TMDL compliance, and corrective action is not taken or not satisfactorily completed, or if a follow-up inspection is not scheduled within 12 months from the date of the initial inspection, staff will downgrade the pollutant removal credit of the BMP as appropriate. 9. The inspector will file a copy to be included with permit in the central file system (for more on record-keeping, see Section 3A Procedure for Permit File Management and Recordkeeping of this Procedures Manual). A. Attachment A. Inspection Requests Guidance B. Attachment B. Construction and Final Inspection Checklist Page 49

116 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7A) Revised: Topic: Procedure for Final Inspection Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 50

117 (Stormwater Utility/ Water Resources Division) UTILITY: Volume(1) Procedures Manual Effective Date: Chapter/Section (7B) Revised: Topic: Procedure for Maintenance of City Owned Stormwater Facilities Director: Robert Steidel Date: December B. Procedure for Maintenance of City-Owned Stormwater Facilities REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC I. POLICY AND PURPOSE To properly manage the quality and quantity of stormwater runoff, best management practices (BMPs) must be maintained after construction. In accordance with the Virginia Administrative Code 9VAC and the City of Richmond s Municipal Separate Storm Sewer Permit (MS4) program requirements, the City has established an inspection program that ensures that stormwater management facilities established under the Virginia Stormwater Management Program (VSMP) permit are being adequately maintained. The purpose of this procedure is to document how the City maintains the BMPs owned by the City. II. KEY STAFF The Water Resources Division (WRD) Site Supervisor and the Stormwater Maintenance Division inspection staff are the key staff in this procedure. The Stormwater Maintenance staff maintains City Owned BMPs, and the Site Inspector Supervisor shall perform inspections on all BMP facilities. III. REQUIREMENTS 1. Each stormwater management facility must be inspected by the City at least once every five years, and the results of each inspection must be documented. Additionally, VSMP permitted BMPs that are receiving credit for full pollutant removal for Total Maximum Daily Load (TMDL) compliance have to inspected once every permit term for condition (three to five years), and verified for pollutant removal once every other permit term (nine to ten years). 2. A recorded Easement and Maintenance Agreement must be on file with each application or project folder in the central filing system. 3. All inspection requirements listed from on the corresponding checklists are taken directly from the requirements listed for each type of BMP on the Virginia Tech BMP clearinghouse website. Page 51

118 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7B) Revised: Topic: Procedure for Maintenance of City Owned Stormwater Facilities IV. PROCEDURE A. BMP Maintenance 1. The Site Inspector Supervisor shall update the running list every six months by running a query on the existing permitting software tracking the proposed and completed building and stormwater permits with BMPs. 2. A list shall be maintained in an excel spreadsheet and the MS4web software. 3. All BMPs need to be inspected annually by August 1 of each calendar year by the Site Supervisor. Inspections will be performed intermittently through 4. A routine inspection is performed at least once every five years in accordance with the MS4 permit. 5. Staff performs maintenance of the BMPs in using the coordinating BMP inspection checklist found on the City s website. 6. All inspection reports are logged in MS4web 7. A checklist is used base on the type of BMP it is. 8. A hard copy of the inspection report is kept on file in the central filing system. 9. The Stormwater Maintenance group will perform maintenance on City owned BMPs on an as needed basis when BMPs become clogged or in disrepair. This group is responsible for the grass cutting and weeding of City owned BMPs 10. The City has an inspection program to train stormwater maintenance and E & S inspectors on property procedures for inspecting and maintaining BMPs. 11. The Stormwater Maintenance and Site Inspectors will partake in third-party or state sponsored training events to keep abreast of new and updated requirements for proper functioning of BMPs proprietary and nonproprietary/manufactured. V. EXHIBITS Attachment A. Bioretention Inspection Checklist Attachment B. Dry Swale Inspection Checklist Attachment C. Filtering Practices Inspection Checklist Attachment D. Grass Channel Infiltration Inspection Checklist Attachment E. Permeable Pavement Inspection Checklist Attachment F. Vegetated Roofs Inspection Checklist Attachment G. Wet Ponds Inspection Checklist Attachment H. Raintanks and Cisterns Inspection Checklist Attachment I. Rooftop Disconnection Inspection Checklist Attachment J. Vegetated Filter Strips Inspection Checklist Attachment K: Constructed Wetlands Inspection Checklist Page 52

119 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7B) Revised: Topic: Procedure for Maintenance of City Owned Stormwater Facilities Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 53

120 (Stormwater Utility/ Water Resources Division) UTILITY: Volume(1) Procedures Manual Effective Date: Chapter/Section (7C) Revised: Topic: Procedure for Maintenance of Privately Owned Stormwater Facilities Director: Robert Steidel Date: December C. Procedure for Maintenance of Privately Owned Stormwater Facilities REFERENCES: Richmond City Code Chapter Virginia Administrative Code 9VAC I. POLICY AND PURPOSE To properly manage the quality and quantity of stormwater runoff, best management practices (BMPs) must be maintained after construction. In accordance with the Virginia Administrative Code 9VAC and the City of Richmond s Municipal Separate Storm Sewer Permit (MS4) program requirements, the City has established an inspection program that ensures that stormwater management facilities established under the Virginia Stormwater Management Program (VSMP) permit are being adequately maintained. The purpose of this procedure is to document how the City inspects the BMPs owned by private land owners. II. KEY STAFF The Water Resources Division (WRD) Site Supervisor and the Stormwater Maintenance Division inspection staff are the key staff in this procedure. The Stormwater Maintenance staff maintains City Owned BMPs, and the Site Inspector Supervisor shall perform inspections on all BMP facilities. III. REQUIREMENTS 1. Each stormwater management facility must be inspected by the City at least once every five years, and the results of each inspection must be documented. Additionally, VSMP permitted BMPs that are receiving credit for full pollutant removal for Total Maximum Daily Load (TMDL) compliance have to inspected once every permit term for condition (three to five years), and verified for pollutant removal once every other permit term (nine to ten years). 2. A recorded Easement and Maintenance Agreement must be on file with each application or project folder in the central filing system. 3. All inspection requirements listed from on the corresponding checklists are taken directly from the requirements listed for each type of BMP on the Virginia Tech BMP clearinghouse website. Page 54

121 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7C) Revised: Topic: Procedure for Maintenance of Privately Owned Stormwater Facilities IV. PROCEDURE A. BMP Maintenance 1. The Site Inspector Supervisor shall update the running list every six months by running a query on the existing permitting software tracking the proposed and completed building and stormwater permits with BMPs. 2. A list shall be maintained in an excel spreadsheet and the MS4web software. 3. All BMPs need to be inspected annually by August 1 of each calendar year by the Site Supervisor. 4. Staff performs a routine inspection at least once every five years in accordance with the MS4 permit by using the coordinating BMP inspection checklist found on the City s website. 5. Staff logs inspection reports in MS4web. 6. Staff keeps a hardcopy of the inspection report on file in the central filing system. 7. When issues arise staff informs the homeowner of what needs to be done to properly maintain the BMP. 8. For privately owned BMPs where homeowners want to receive credit for their BMP, an inspection must be done annually in order to receive credit using the same checklist. 9. The Stormwater Maintenance and Site inspectors will partake in third-party or state sponsored training events to keep abreast of new and updated requirements for proper functioning of BMPs proprietary and nonproprietary/manufactured. V. EXHIBITS Attachment A. Bioretention Inspection Checklist Attachment B. Dry Swale Inspection Checklist Attachment C. Filtering Practices Inspection Checklist Attachment D. Grass Channel Infiltration Inspection Checklist Attachment E. Permeable Pavement Inspection Checklist Attachment F. Vegetated Roofs Inspection Checklist Attachment G. Wet Ponds Inspection Checklist Attachment H. Raintanks and Cisterns Inspection Checklist Attachment I. Rooftop Disconnection Inspection Checklist Attachment J. Vegetated Filter Strips Inspection Checklist Attachment K. Constructed Wetlands Inspection Checklist Page 55

122 UTILITY: (Stormwater Utility/ Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (7C) Revised: Topic: Procedure for Maintenance of Privately Owned Stormwater Facilities Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 56

123 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Chapter/Section (8A) Revised: Topic: Procedure for Generating Annual Report through EnerGov Director: Robert Steidel Date: December Annual Report 8A. Procedure for Generating Annual Report through EnerGov REFERENCES: Virginia Administrative Code 9VAC I. POLICY AND PURPOSE On a fiscal year basis, July 1 to June 30, the City shall provide an annual report on its VSMP to the Department of Environmental Quality (DEQ) by October 1 of each year in a format provided by DEQ. The purpose of this procedure is to document the process through with the City collects the information for, formats, and provides this annual report. II. III. KEY STAFF The key staff responsible for this procedure is the Administrator (the Water Resources Operations Manager). REQUIREMENTS A. In a format provided by DEQ, each VSMP authority should provide an annual report by October 1 based on the fiscal year from July 1 to June 3. B. The information to be submitted is specified in Virginia Administrative Code 9VAC C. The information to be included shall be: 1. On each permanent Stormwater management facility completed during the fiscal year: a. Type of stormwater management facility b. Geographic coordinates c. Acres treated (pervious and impervious) d. Surface waters or karst features into which the stormwater management facility will discharge 2. Number and type of enforcements during the fiscal year 3. Number of exceptions granted during the fiscal year D. The format will follow the Virginia Department of Environmental Quality (VA DEQ) s requirements. IV. PROCEDURE A. WRD staff will compile the following information from EnerGov: 1. On each permanent stormwater management facility completed during the fiscal year: a. Type of Stormwater management facility b. Geographic coordinates c. Acres treated Page 57

124 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (8A) Revised: Topic: Procedure for Generating Annual Report through EnerGov d. Surface waters or karst features into which the stormwater management facility will discharge 2. Number and type of enforcements during the fiscal year 3. Number of exceptions granted during the fiscal year B. WRD staff will format or place the above date into DEQ s accepted format. Page 58

125 UTILITY: (Stormwater Utility /Water Resources Division) Volume (1) Procedures Manual Effective Date: Chapter/Section (8A) Revised: Topic: Procedure for Generating Annual Report through EnerGov Revision approvals and distribution dates are recorded on a separate form which is filed with the archived procedure: Procedure Number: Title: Previous revision date: New Revision Date: Effective Date: Revision Concurrence: (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) (Name and Title, typically at Manager level) Date Date Date Revision Approval: (Name and title, typically at Deputy Director level) Date Distribution: Date to Training Date copy to Bob Steidel Date to Controlled Distribution Date to Contractors Page 59

126 UTILITY: (Stormwater Utility /Water Resources Division ) Volume(1) Procedures Manual Effective Date: Revised: Topic: Appendix A - Attachments Director: Robert Steidel Date: December 2013 Appendix A Attachments Section 2.0 Procedure 2A. Attachment A: City Code Chapter 50 Part II Appendix A Fee Schedule Section 4.0 Procedure 4A. Attachment A: DPU WRD Stormwater Plan Checklist Procedure 4B. Attachment A: DPU Bond Spreadsheet Procedure 4C. Attachment A: Easement and Maintenance Agreement Section 5.0 Procedure 5A Attachment A. Inspection Request Guidance Attachment B. Construction and Final Inspection Checklist Section 6.0 Procedure 6A Attachment A. E&S Control Procedure for Enforcement Section 7.0 Procedure 7A Attachment A. Inspection Requests Guidance Attachment B. Construction and Final Inspection Checklist Procedures 7B and 7C Attachment A. Bioretention Inspection Checklist Attachment B. Dry Swale Inspection Checklist Attachment C. Filtering Practices Inspection Checklist Attachment D. Grass Channel Infiltration Inspection Checklist Attachment E. Permeable Pavement Inspection Checklist Attachment F. Vegetated Roofs Inspection Checklist Attachment G. Wet Ponds Inspection Checklist Attachment H. Raintanks and Cisterns Inspection Checklist Attachment I. Rooftop Disconnection Inspection Checklist Attachment J. Vegetated Filter Strips Inspection Checklist Attachment K: Constructed Wetlands Inspection Checklist A

127 TABLE OF CONTENTS Tab Content 1 SWPPP TITLE SHEET 2 INTRODUCTION 3 REQUIRED SWPPP COMPONENTS 4 NARRATIVE 5 DELEGATION OF AUTHORITY 6 IDENTIFICATION OF QUALIFIED PERSONNEL 7 ENVIRONMENTAL COMPLIANCE PLAN AND OTHER INCORPORATED PLANS 8 POLLUTION PREVENTION PLAN INFORMATION 9 TMDL INFORMATION 10 SWPPP AMENDMENTS, MODIFICATIONS AND UPDATES 11 PUBLIC NOTICE, AVAILABILITY AND IMPLEMENTATION OF THE SWPPP 12 SWPPP INSPECTIONS 13 CORRECTIVE ACTIONS 14 SWPPP TERMINATION 15 REGISTRATION STATEMENT FOR THE PROJECT 16 NOTICE OF COVERAGE FOR THE PROJECT GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES NOTICE OF TERMINATION FOR GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES FORM 19 GCP TRANSFER AGREEMENT FORM

128 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) for Project Name located in Richmond, Virginia Developed in compliance with: General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880) DELEGATED AUTHORITY Name: Title: Company: Phone #: I certify the individual or position named above has the delegated authority to sign inspection reports and/or amend or modify this SWPPP. I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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. OPERATOR Signature: Date: Name: Title: Company:

129 INTRODUCTION This Stormwater Pollution Prevention Plan (SWPPP) has been developed as a requirement of the General VPDES Permit for Discharges of Stormwater from Construction Activities (GCP), as defined in 9VAC The purpose of this SWPPP is to: 1) Identify potential sources of pollution that may reasonably be expected to affect the quality of storm water discharges from the construction site, and 2) To describe and ensure the implementation of practices that will be used to reduce pollutants in stormwater discharges from the construction site and to assure compliance with the conditions of the Permit. Implementation of the components of this SWPPP is required as a condition of the GCP (Tab 17). The GCP has a fixed term of 5 years from the effective date of July 1, 2014 and permit coverage is required for all RSMP land-disturbing activities as described in Chapter 3 of the City of Richmond Environmental Compliance Manual. The GCP authorizes the discharge of stormwater from construction activities until the expiration date. The GCP also authorizes the discharge of stormwater from offsite support activities, provided that certain conditions are met as outlined in Part I A. 2 of the GCP. Certain non-stormwater discharges are also authorized and are described in Part I E of the GCP. The GCP must be maintained, modified, transferred, and terminated in accordance with the requirements outlined in COR RSMP Policy and Procedures Manual

130 REQUIRED SWPPP COMPONENTS In accordance with the General VPDES Permit for Discharges of Stormwater from Construction Activities the SWPPP must include the following information: 1. General Information a. A signed copy of the registration statement for coverage under the GCP; b. Upon receipt, a copy of the notice of coverage under the GCP (i.e., notice of coverage letter); c. Upon receipt, a copy of the GCP; d. A narrative description of the nature of the construction activity, including the function of the project (e.g., low density residential, shopping mall, highway, etc.); e. A legible site plan identifying: 1) Directions of stormwater flow and approximate slopes anticipated after major grading activities; 2) Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed; 3) Locations of major structural and nonstructural control measures including sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or similarly treat sediment that will be installed between disturbed areas and the undisturbed vegetated areas, in order to increase sediment removal and maximize stormwater infiltration; 4) Locations of surface waters; 5) Locations where concentrated stormwater is discharged; 6) Locations of support activities, when applicable and when required by the VSMP authority, including but not limited to: (i) areas where equipment and vehicle washing, wheel wash water, and other wash water is to occur; (ii) storage areas for chemicals such as acids, fuels, fertilizers and other lawn care chemicals; (iii) concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities, including those temporarily placed on the construction site; and (vi) construction waste storage; and 7) When applicable, the location of the on-site rain gauge, or the methodology established in consultation with the VSMP authority, used to identify measurable storm events for inspection purposes. 2. An Erosion and Sediment Control (ESC) Plan developed and approved in accordance with Chapter 8 of this manual. 3. A Stormwater Management (SWM) Plan developed and approved in accordance with Chapter 9 of this manual. 4. A Pollution Prevention Plan (PPP) developed and implemented.

131 5. Information demonstrating compliance with the Total Maximum Daily Load (TMDL) Requirements described in section Chapter 11 of this manual. 6. Qualified personnel responsible for conducting on-site and off-site inspections required by the GCP shall be identified by the Operator in the SWPPP. The Operator is responsible for insuring that the qualified personnel conduct inspections. 7. The SWPPP must identify individuals or positions with delegated authority to sign inspection reports and/or amend or modify the SWPPP. 8. The SWPPP shall be signed and dated in accordance with the signatory requirements. 9. The SWPPP must contain documentation of all amendments, modifications, and updates. 10. The SWPPP must include documentation of inspections conducted in accordance with the inspection requirements. 11. The SWPPP must contain documentation of corrective actions taken in accordance with the requirements.

132 REQUIRED SWPPP COMPONENTS Required Components Permit Reference Responsible Party Location A signed copy of the registration statement for coverage under the GCP Part II A.1.a Tab15 of the SWPPP Binder A copy of the notice of coverage under the GCP Part II A.1.b Tab 16 of the SWPPP Binder A copy of the GCP Part II A.1.c Tab 17 of the SWPPP Binder A narrative description of the nature of the construction activity, including the function of the project Part II A.1.d Tab 4 of the SWPPP Binder A legible site plan identifying: Directions of stormwater flow and approximate slopes anticipated after major grading activities Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed Locations of major structural and nonstructural control measures including sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or similarly treat sediment that will be installed between disturbed areas and the undisturbed vegetated areas, in order to increase sediment removal and maximize stormwater infiltration Part II A.1.e.(1) Part II A.1.e.(2) Part II A.1.e.(3) Sheet of the ECP Sheet of the ECP Sheet of the ECP Locations of surface waters Part II A.1.e.(4) Sheet of the ECP

133 Locations where concentrated stormwater is discharged Locations of support activities, when applicable and when required by the VSMP authority, including but not limited to: (i) areas where equipment and vehicle washing, wheel wash water, and other wash water is to occur; (ii) storage areas for chemicals such as acids, fuels, fertilizers and other lawn care chemicals; (iii) concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities, including those temporarily placed on the construction site; and (vi) construction waste storage When applicable, the location of the on-site rain gauge, or the methodology established in consultation with the VSMP authority, used to identify measurable storm events for inspection purposes Part II A.1.e.(5) Part II A.1.E.(6) Part II A.1.e.(7) Sheet of the ECP Sheet of the ECP Sheet of the ECP An Erosion and Sediment Control (ESC) Plan Part II A.2 A Stormwater Management (SWM) Plan Part II A.3 A Pollution Prevention Plan (PPP) Part II a.4 Sheet of the ECP Tab 7 of the SWPPP Binder Sheet of the ECP Tab 7 of the SWPPP Binder Sheet of the ECP Tabs 7 and 8 of the SWPPP Binder Information demonstrating compliance with the Total Maximum Daily Load (TMDL) Requirements Part II A.5.a Tab 9 of the SWPPP Binder Sheet of the ECP

134 Qualified personnel responsible for conducting on-site and off-site inspections required by the GCP shall be identified by the Operator in the SWPPP. Part II A.6 Tab 6 of the SWPPP Binder The SWPPP must identify individuals or positions with delegated authority to sign inspection reports and/or amend or modify the SWPPP. Part II A.7 Title Sheet and Tab 5 of the SWPPP Binder The SWPPP shall be signed and dated in accordance with the signatory requirements Part II A.8 Title Sheet of the SWPPP Binder The SWPPP must contain documentation of all amendments, modifications, and updates The SWPPP must include documentation of inspections conducted in accordance with the inspection requirements The SWPPP must contain documentation of corrective actions taken Part II B Part II F Part II G Tab 10 of the SWPPP Binder Tab 12 of the SWPPP Binder Tab 13 of the SWPPP Binder

135 NARRATIVE In accordance with the General VPDES Permit for Discharges of Stormwater from Construction Activities and the City of Richmond Environmental Compliance Manual, the SWPPP must include a narrative description of the nature of the construction activity, including the function of the project (e.g., low density residential, shopping mall, highway, etc.). Option 1 Written Narrative Add narrative here. Option 2 Fill-in-the-Blank Narrative Nature and function of the Project: Number of Lots created: Location of Project:

136 REVISIONS TO DELEGATION OF AUTHORITY In accordance with the General VPDES Permit for Discharges of Stormwater from Construction Activities, the individuals or positions with delegated authority to sign inspection reports and/or amend this SWPPP must be identified. If the individual or position identified on the Title Sheet of the SWPPP changes or additional individuals or positions are given this responsibility after the preconstruction meeting occurs, the changes/additions must be noted below and submitted to the City of Richmond Water Resources Site Inspector. Print Name: Title: Company: Phone #: I certify the individual or position named above has the delegated authority to sign inspection reports and/or amend or modify this SWPPP. Operator Signature: Date: Print Name: Title: Company: Phone #: I certify the individual or position named above has the delegated authority to sign inspection reports and/or amend or modify this SWPPP. Operator Signature: Date:

137 Print Name: Title: Company: Phone #: I certify the individual or position named above has the delegated authority to sign inspection reports and/or amend or modify this SWPPP. Operator Signature: Date: Print Name: Title: Company: Phone #: I certify the individual or position named above has the delegated authority to sign inspection reports and/or amend or modify this SWPPP. Operator Signature: Date:

138 IDENTIFICATION OF QUALIFIED PERSONNEL In accordance with the General VPDES Permit for Discharges of Stormwater from Construction, the individuals responsible for conducting on-site and off-site inspections must be identified. If the identified individual changes or additional individuals are given this responsibility after the preconstruction meeting occurs, the changes/additions must be noted below and submitted to the City of Richmond Water Resources Site Inspector. Print Name: Company: Address: Phone #: Qualifications: Responsible Land Disturber # Certified ESC Inspector # Certified SWM Inspector # Licensed Professional (P.E., L.S., etc.) Other: Print Name: Company: Address: Phone #: Qualifications: Responsible Land Disturber # Certified ESC Inspector # Certified SWM Inspector # Licensed Professional (P.E., L.S., etc.) Other:

139 Print Name: Company: Address: Phone #: Qualifications: Responsible Land Disturber # Certified ESC Inspector # Certified SWM Inspector # Licensed Professional (P.E., L.S., etc.) Other: Print Name: Company: Address: Phone #: Qualifications: Responsible Land Disturber # Certified ESC Inspector # Certified SWM Inspector # Licensed Professional (P.E., L.S., etc.) Other:

140 THE ENVIRONMENTAL COMPLIANCE PLAN AND OTHER INCORPORATED PLANS Environmental Compliance Plan An Environmental Compliance Plan (ECP) has been developed and approved by the City of Richmond Department of Public Utilities Water Resources Division in accordance with the Richmond City Code for the project titled: (project title) The ECP was prepared by: (consultant) The ECP was approved for content on: (date of DPU Director s signature or designee) The preconstruction meeting was held on: (date of preconstruction meeting) Erosion and Sediment Control Plan An Erosion and Sediment Control (ESC) Plan was developed as a required component of the ECP and was approved as authorized by the Virginia Erosion and Sediment Control Regulations (9VAC25-840). When properly implemented, the approved ESC plan has been determined to adequately address the following effluent limit guidelines: 1. Controls the volume and velocity of stormwater runoff within the site to minimize soil erosion; 2. Controls stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; 3. Minimizes the amount of soil exposed during the construction activity; 4. Minimizes the disturbance of steep slopes; 5. Minimizes sediment discharges from the site in a manner that addresses (i) the amount, frequency, intensity, and duration of precipitation, (ii)the nature of resulting stormwater runoff, and (iii) soil characteristics, including the range of soil particle sizes present on the site;

141 6. Provides and maintains natural buffers around surface waters, directs stormwater to vegetated areas to increase sediment removal, and maximized infiltration, unless infeasible; 7. Minimizes soil compaction and, unless infeasible, preserves topsoil; 8. Ensures that stabilization of disturbed areas will be initiated immediately whenever any clearing, grading, or excavating, or other land-disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 days; 9. Utilizes outlet structures that withdraw stormwater from the surface (i.e., above the permanent pool or wet storage water surface elevation), unless infeasible, when discharging from sediment basins or sediment traps. The following individual(s) will implement and maintain the control measures identified in the ESC plan (if other than the Operator or Delegated Authority): Name(s): Company: Stormwater Management Plan A Stormwater Management Plan (SWM) plan was developed as a required component of the ECP and was approved as authorized by the Virginia Stormwater Management Program Regulations (9VAC25-870). The following individual(s) will implement and maintain the control measures identified in the SWM plan (if other than the Operator or Delegated Authority): Name(s): Company: Pollution Prevention Plan A Pollution Prevention Plan sheet has been provided as a required component of the ECP and addresses many of the required elements of the Pollution Prevention Plan as required by the GCP. The other required elements are addressed in Tab 8 of the SWPPP Binder. The individuals responsible for implementing and maintaining the control measures identified in the Pollution Prevention Plan are listed in Tab 8. Total Maximum Daily Load (TMDL) Requirements

142 All projects requiring coverage under the GCP are subject to the following requirements associated with discharges to impaired waters, surface waters with an applicable TMDL wasteload allocation established and approved prior to the term of this GCP, or exceptional waters: 1. Identify the impaired water(s), approved TMDL(s), pollutants of concern, and exceptional waters identified in 9VAC A.3.c, when applicable; 2. Provide clear direction that: a. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; b. Nutrients shall be applied in accordance with manufacturer s recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and c. A modified inspection schedule shall be implemented in accordance with Part I B.4 or Part I B.5. These requirements are addressed on the Pollution Prevention Plan sheet of the ECP and in Tab 9 of the SWPPP Binder. The following individual(s) will implement and maintain these control measures (if other than the Operator or Delegated Authority): Name(s): Company: Other Incorporated Plans The Consultant will add language briefly describing any other plans that will be used to address the project requirements (i.e., plans for off-site borrow or disposal plans, regional stormwater management plans, etc.) OR No other plans are incorporated by reference at time of plan approval. Additional off-site areas to be used during construction:

143 Location Plan Title Approval Date Purpose

144 POLLUTION PREVENTION PLAN INFORMATION In accordance with Part II A.4 of the General VPDES Permit for Discharges of Stormwater from Construction Activities the SWPPP must: 1. Identify potential pollutant-generating activities and pollutants expected to be exposed to stormwater; 2. Describe the location where the potential pollutant generating activity will occur, or if identified on the ECP, reference the ECP; 3. Identify all authorized non-stormwater discharges that are or will be comingled with stormwater discharges from the construction activity, including any applicable support activity; 4. Identify the person responsible for implementing the pollution prevention practice(s) for each pollutant generating activity, if other than the person listed as the qualified personnel; 5. Describe pollution prevention procedures and practices that will be implemented to: a. Prevent and respond to leaks, spills and other releases including (i) procedures for expeditiously stopping, containing, and cleaning up spills, leaks and other releases; and (ii) procedures for reporting leaks, spills, and other releases; b. Prevent the discharge of spilled or leaked fuels and chemicals from vehicle fueling and maintenance activities (e.g., providing secondary containment such as spill berms, decks, spill containment pallets, providing cover where appropriate, and having spill kits readily available); c. Prevent the discharge of soaps, detergents, solvents, and wash water from construction materials, including the cleanup of stucco, paint, form release oils, and curing compounds (e.g., providing (i) cover (e.g., plastic sheeting or temporary roofs) to prevent contact with stormwater; (ii) collection and proper disposal in a manner to contact with stormwater; and (iii) a similarly effective means designed to prevent discharge of these pollutants; d. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other types of washing (e.g., locating activities away from surface waters and stormwater inlets or conveyance and directing wash waters to sediment basins/traps, using filtration devices such as filter bags or sand filters or using similarly effective controls); e. Direct concrete wash water into a leak-proof container or leak-proof settling basin. The container or basin must be designed so that no overflows can occur due to inadequate sizing or precipitation. Hardened concrete wastes must be removed and disposed of in a manner consistent with the handling of other construction wastes. Liquid concrete wastes must be removed and disposed of in a

145 manner consistent with the handling of other construction wash waters and shall not be discharged to surface waters; f. Minimize the discharge of pollutants from storage, handling, and disposal of construction products, materials, and wastes, including (i) building products such as asphalt sealants, copper flashing, roofing materials, adhesives, concrete admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape materials; and (iii) construction and domestic wastes such as packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, and other trash or building materials; g. Prevent discharges of fuels, oils, and other petroleum products, hazardous or toxic waste, and sanitary wastes; and h. Address any other discharges from potential pollutant generating activity not addressed above. 6. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water, disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of the GCP. The information required in Items 1, 2, and 4 can be found in Table 8.1 of this section of the SWPPP. The information required in Item 3 can be found in Table 8.2 of this section of the SWPPP. The information required in Items 5 and 6 can be found on the Pollution Prevention Plan Sheet included as a required component of the ECP.

146 Table 8.1 Pollutant-Generating Activities, Potential Pollutants and Responsible Parties Potential Pollutants Pollutant Generating Activity Clearing, grading or excavating Check if Present Sediment Nutrients, Fertilizer Heavy Metals ph (acids and bases) Pesticides or Herbicides Oil or Grease Bacteria or Viruses Trash, Debris or Solids Toxic Chemicals Paints or Plaster Adhesives, solvents or curing compounds Asphalt or Concrete Vehicle or heavy equipment wash water Gasoline, diesel or kerosene Wood preservatives Antifreeze or coolant Responsible Party (if other than the person(s) identified as the qualified personnel) Paving operations Concrete washout and concrete waste disposal Structure construction, stucco, painting or cleaning Dewatering operations Material delivery and storage Material use during building process

147 Potential Pollutants Pollutant Generating Activity Check if Present Sediment Nutrients, Fertilizer Heavy Metals ph (acids and bases) Pesticides or Herbicides Solid waste disposal Oil or Grease Bacteria or Viruses Trash, Debris or Solids Toxic Chemicals Paints or Plaster Adhesives, solvents or curing compounds Asphalt or Concrete Vehicle or heavy equipment wash water Gasoline, diesel or kerosene Wood preservatives Antifreeze or coolant Responsible Party (if other than the person(s) identified as the qualified personnel) Sanitary waste disposal Landscaping operations Vehicle Fueling or Maintenance Other (describe) Other (describe) Other (describe)

148 Table 8.2 Authorized Non-stormwater Discharges Anticipated from the Construction Activity or Support Activities Discharges from firefighting activities Fire hydrant flushings Authorized Non-stormwater Discharges Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge Water used to control dust that has been filtered, settled, or similarly treated prior to discharge Potable water sources, including uncontaminated waterline flushings Routine external building wash down where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurrs (or where all spilled or leaked material has been removed prior to washing); where soaps, solvents, or detergents have not been used; and where the wash water has been filtered, settled, or similarly treated prior to discharge Uncontaminated air conditioning or compressor condensate Uncontaminated ground water or spring water Foundation or footing drains where flows are not contaminated with process materials such as solvents Uncontaminated excavation dewatering, including dewatering of trenches and excavations that have been filtered, settled, or similarly treated prior to discharge Landscape irrigation Anticipated from the Construction Activity or support Activities (check if applicable)

149 TOTAL MAXIMUM DAILY LOAD INFORMATION In accordance with Part II A.5 of the General VPDES Permit for Discharges of Stormwater from Construction Activities, the SWPPP must: 1. Identify the impaired water(s), approved TMDL(s), pollutants of concern, and exceptional waters identified in 9VAC A.3.c; and 2. Provide clear direction that: a. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; b. Nutrients shall be applied in accordance with manufacturer s recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and c. A modified inspection schedule shall be implemented in accordance with Part I B.4 or Part I B.5 of the General VPDES Permit for Discharges of Stormwater from Construction Activities. The information required by Item 1 can be found in Table 9.1 and 9.2. The information required by Items 2.a and 2.b can be found on the ESC/ESA plan sheet included as a required component of the ECP. The information required by Item 2.c can be found on the Pollution Prevention Plan Sheet included as a required component of the ECP.

150 Table 9.1 Identification of the Impaired Waters the Project Discharges Into Water Body Segment Impairment Broad Rock Creek Headwaters to mouth at Goode's Creek E. coli Check if the first water body segment(s) into which this project discharges Falling Creek Reservoir Falling Creek Reservoir DO, E. coli Gillie's Creek Headwaters to mouth at James River E. coli, PCB, ph Goode's Creek Mouth of Broad Rock Creek to confluence with James River E. coli, PCB James River James River James River Big Island Dam (below Blue Ridge Parkway) to I-95 bridge (James River Bridge in Richmond) Blvd Bridge to fall line at Mayo Bridge Mayo Bridge to mouth of Appomattox River PCB DO, E. coli, Mercury, Chlordane, DDE, DDT Chlorophyll A, DO, E. coli, Estuarine Bioassessments, Macrophytes, PCB Manchester Canal Manchester Canal E. coli Pocoshock Creek Headwaters to mouth at Falling Creek Reservoir E. coli Powhite Creek Headwaters to mouth at James River Benthic, E. coli Rattlesnake Creek Headwaters to mouth at James River E. coli Reedy Creek Headwaters to mouth at James River E. coli

151 Reedy Creek Headwaters to tributary above West Roanoke St. DO Reedy Creek Tributary above West Roanoke St. to Forest Hill Ave. ph Stony Run Creek Headwaters to mouth at Gillie's Creek E. coli Upham Brook Flippen Creek to confluence with Chickahominy River DO Upham Brook Headwaters to confluence with Chickahominy River E. coli Table 9.2 Identification of the Surface Waters with Applicable TMDL Wasteload Allocations the Project Discharges Into Waterbody Chesapeake Bay Pollutants of Concern Phosphorus Nitrogen Sediment Does the project discharge to the waterbody? YES

152 AMENDMENTS, MODIFICATIONS AND UPDATES In accordance with Part II B of the General VPDES Permit for Discharges of Stormwater from Constructionl: 1. The operator or their designee shall amend the SWPPP whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not been previously addressed in the SWPPP. 2. The SWPPP must be amended if, during inspections or investigations by the operator's qualified personnel, or by local, state, or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in discharges from the construction activity. Revisions to the SWPPP shall include additional or modified control measures designed and implemented to correct problems identified. If approval by the VESCP authority, VSMP authority, or department is necessary for the control measure, revisions to the SWPPP shall be completed no later than seven calendar days following approval. Implementation of these additional of modified control measures must be accomplished as described in Section 13.3, part The SWPPP must clearly identify the contractor(s) that will implement and maintain each control measure identified in the SWPPP. The SWPPP shall be amended to identify any new contractor that will implement and maintain a control measure. 4. The operator or their designee shall update the SWPPP no later than seven days following any modification to its implementation. All modifications or updates to the SWPPP shall be noted and shall include the following items; a. A record of dates when: (1) Major grading activities occur; (2) Construction activities temporarily or permanently cease on a portion of the site; and (3) Stabilization measures are initiated. b. Documentation of replaced or modified controls where periodic inspections or other information have indicated that the controls have been used inappropriately or incorrectly and where modified as soon as possible; c. Areas that have reached final stabilization and where no further SWPPP inspection requirements apply; d. All properties that are no longer under the legal control of the operator and the dates on which the operator no longer had legal control over each property; e. The date of any prohibited discharges, the discharge volume released, and what actions were taken to minimize the impact of the release;

153 f. Measures taken to prevent the reoccurrence of any prohibited discharge; and g. Measures taken to address any evidence identified as a result of an inspection. 5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Section of this chapter. The following Amendment, Modification, and Update Log form must be used to document all amendments, modification, and updates.

154 SWPPP AMENDMENT, MODIFICATION AND UPDATE LOG Date Description of Amendment, Modification or Update Responsible Party "I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." Operator or Delegated Authority Signature

155 PUBLIC NOTICE, AVAILABLITY AND IMPLEMENTATION OF THE SWPPP In accordance with Part II C of the General VPDES Permit for Discharges of Stormwater from Construction: Upon commencement of land disturbance, the operator shall post conspicuously a copy of the notice of coverage letter near the main entrance of the construction activity. For linear projects, the operator shall post the notice of coverage letter at a publically accessible location near an active part of the construction project. The operator shall maintain the posted information until termination of general permit coverage. In accordance with Part II D of the General VPDES Permit for Discharges of Stormwater from Construction: Operators with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a central location on-site for use by those identified as having responsibilities under the SWPPP whenever they are on the construction site. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal separate storm sewer system receiving discharges from the construction activity. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the SWPPP's location must be posted near the main entrance of the construction site. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public access to the SWPPP shall be posted and maintained in accordance with Part II C. If not provided electronically, public access to the SWPPP may be arranged upon request at a time and at a publicly accessible location convenient to the operator or his designee but shall be no less than once per month and shall be during normal business hours. Information not required to be contained within the SWPPP by this general permit is not required to be released. In accordance with Part II E of the General VPDES Permit for Discharges of Stormwater from Construction: The operator shall implement the SWPPP and subsequent amendments, modifications, and updates from commencement of land disturbance until termination of general permit coverage.

156 All control measures must be properly maintained in effective operating condition in accordance with good engineering practices and, where applicable, manufacturer specifications. If a site inspection identifies a control measure that is not operating effectively, corrective action(s) shall be completed as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the control measures. If site inspections identify an existing control measure that needs to be modified or if an additional control measure is necessary for any reason, implementation shall be completed prior to the next anticipated measurable storm event. If implementation prior to the next anticipated measurable storm event is impracticable, then alternative control measures shall be implemented as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority.

157 SWPPP INSPECTIONS In accordance with Part I B.4.d and Part II F of the General VPDES Permit for Discharges of Stormwater from Construction: 1. Personnel responsible for on-site and off-site inspections. Inspections required by this general permit shall be conducted by the qualified personnel identified by the operator in the SWPPP. The operator is responsible for insuring that the qualified personnel conduct the inspection. 2. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: a. Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day, and b. Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit. 3. Inspection requirements. a. As part of the inspection, the qualified personnel shall: (1) Record the date and time of the inspection and when applicable the date and rainfall amount of the last measurable storm event; (2) Record the information and a description of any discharges occurring at the time of the inspection; (3) Record any land-disturbing activities that have occurred outside of the approved erosion and sediment control plan; (4) Inspect the following for installation in accordance with the approved erosion and sediment control plan, identification of any maintenance needs, and evaluation of effectiveness in minimizing sediment discharge, including whether the control has been inappropriately or incorrectly used: (a) All perimeter erosion and sediment controls, such as silt fence; (b) Soil stockpiles, when applicable, and borrow areas for stabilization or sediment trapping measures; (c) Completed earthen structures, such as dams, dikes, ditches, and diversions for stabilization; (d) Cut and fill slopes;

158 (e) Sediment basins and traps, sediment barriers, and other measures installed to control sediment discharge from stormwater; (f) Temporary or permanent channel, flume, or other slope drain structures installed to convey concentrated runoff down cut and fill slopes; (g) Storm inlets that have been made operational to ensure that sediment laden stormwater does not enter without first being filtered or similarly treated; and (h) Construction vehicle access routes that intersect or access paved roads for minimizing sediment tracking; (5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; (6) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for completion of stabilization activities within seven days of reaching grade or stopping work; (7) Inspect for evidence that the approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and sediment control plan prepared in accordance with departmentapproved annual standards and specifications has not been properly implemented. This includes but is not limited to: (a) Concentrated flows of stormwater in conveyances such as rills, rivulets or channels that have not been filtered, settled, or similarly treated prior to discharge, or evidence thereof; (b) Sediment laden or turbid flows of stormwater that have not been filtered or settled to remove sediments prior to discharge; (c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to surface waters. Inlets and catch basins with failing sediments controls due to improper installation, lack of maintenance, or inadequate design are considered unprotected; (d) Sediment deposition on any property (including public and private streets) outside of the construction activity covered by this general permit; (e) Required stabilization has not been initiated or completed on portions of the site; (f) Sediment basins without adequate wet or dry storage volume or sediment basins that allow the discharge of stormwater from below the surface of the wet storage portion of the basin; (g) Sediment traps without adequate wet or dry storage or sediment traps that allow the discharge of stormwater from below the surface of the wet storage portion of the trap; and (h) Land disturbance outside of the approved area to be disturbed;

159 (8)Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation, maintenance and effectiveness of the procedures and practices; (9)Identify any pollutant generating activities not identified in the pollution prevention plan; and (10)Identify and document the presence of any evidence of the discharge of pollutants prohibited by this general permit. 4. Inspection report. Each inspection report shall include the following items: a. The date and time of the inspection and when applicable, the date and rainfall amount of the last measurable storm event; b. Summarized findings of the inspection; c. The location(s) of prohibited discharges; d. The location(s) of control measures that require maintenance; e. The location(s) of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular location; f. The location(s) where any evidence identified under Part II F 3 a (7) exists; g. The location(s) where any additional control measure is needed that did not exist at the time of inspection; h. A list of corrective actions required (including any changes to the SWPPP that are necessary) as a result of the inspection or to maintain permit compliance; i. Documentation of any corrective actions required from a previous inspection that have not been implemented; and j. The date and signature of the qualified personnel and the operator or its duly authorized representative. The inspection report and any actions taken in accordance with Part II must be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated. The inspection report shall identify any incidents of noncompliance. Where an inspection report does not identify any incidents of noncompliance, the report shall contain a certification that the construction activity is in compliance with the SWPPP and this general permit. The report shall be signed in accordance with Part III K of this general permit.

160 VSMP INSPECTION REPORT Project: GCP Number: Notice of Coverage posted? YES NO SWPPP available for review? YES NO Inspection Date/Time Date of Last Measureable Storm Event Inspection Conducted By Rainfall Amount (must be the Qualified Personnel identified in the SWPPP) Not applicable since inspection frequency is at least once every four business days Record the information and a description of any discharges occurring at the time of the inspection Record any land-disturbing activities that have occurred outside the approved erosion and sediment control plan Inspection requirements: Have controls been installed in accordance with the approved ECP? Are controls effectively minimizing sediment discharges? Have controls been inappropriately or incorrectly used? Describe any maintenance needs or other deficiencies that were identified and the location of the deficiencies All perimeter erosion and sediment controls (silt fence, etc.) Soil stockpiles and borrow areas (for stabilization or sediment trapping measures) YES NO YES NO YES NO YES NO YES NO YES NO

161 Completed earthen structures, such as dams, dikes, ditches, and diversions for stabilization YES NO YES NO YES NO Cut and fill slopes YES NO YES NO YES NO Sediment basins and traps, sediment barriers, and other measures (installed to control sediment discharges from stormwater) Temporary or permanent channels, flumes, or other slope drain structures (installed to convey concentrated runoff down cut and fill slopes) Storm inlets (to ensure that sediment laden stormwater does not enter without first being filtered or similarly treated) Construction entrances and access routes (for minimizing mud/sediment tracking) YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO Have stabilization activities begun on areas that have reached final grade or that will remain dormant for more than 14 days? YES NO Were stabilization activities completed within seven days of reaching final grade or stopping work on areas that have reached final grade or that will remain dormant for more than 14 days? Inspect for the presence of the following: Present? Location YES NO Concentrated flows of stormwater in conveyances (such as rills, rivulets or channels) that have not been filtered, settled, or similarly treated prior to discharge, (or evidence thereof) Sediment laden runoff that has not been filtered or settled to remove sediments prior to discharge Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to surface waters. Inlets and catch basins with failing sediment controls due to improper installation, lack of maintenance, or inadequate design Sediment deposition on any property (including public and private streets) outside of the construction activity covered by the general permit YES YES YES YES YES NO NO NO NO NO

162 Required stabilization (initiated or completed on portions of the site?) YES NO Sediment basins/traps without adequate wet or dry storage volume YES NO Sediment basins where the riser appears to be leaking, water appears to be leaving the basin around the barrel pipe (rather than through it), or the dewatering device appears to be dewatering basin from below the water surface Sediment traps that allow stormwater to discharge from below the surface of the wet storage portion of the trap YES YES NO NO Land disturbance outside of the approved limits of disturbance YES NO Inspect the pollution prevention controls associated with the pollutant generating activities identified in the Pollution Prevention Plan Inspect the pollution prevention controls associated with the pollution generating activities identified in Table 8.1 of the SWPPP Have the controls been properly implemented as outlined on the PPP sheet? Are controls effectively minimizing pollutant discharges? Clearing, grading or excavating N/A YES NO YES NO Paving operations N/A YES NO YES NO Concrete washout and concrete waste disposal Structure construction, stucco, painting or cleaning N/A YES NO YES NO N/A YES NO YES NO Dewatering operations N/A YES NO YES NO Material delivery and storage N/A YES NO YES NO Material use during building process N/A YES NO YES NO Solid waste disposal N/A YES NO YES NO Sanitary waste disposal (porta-johns) N/A YES NO YES NO Landscaping operations N/A YES NO YES NO Vehicle Fueling or Maintenance N/A YES NO YES NO Other (describe) YES NO YES NO Other (describe) YES NO YES NO Other (describe) YES NO YES NO Describe any maintenance needs or other deficiencies that were identified and the location of the deficiencies

163 Other (describe) YES NO YES NO Other (describe) YES NO YES NO Identify the material(s) and document the location or presence of any evidence of pollutant discharges that are not authorized by the general permit Identify the location(s) where any additional control measures are needed that did not exist at the time of the inspection List the corrective actions required (including any changes to the SWPPP that are necessary) as a result of the inspection or to maintain permit compliance Document any corrective action(s) required from a previous inspection that have not been implemented I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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. Signature: Date: Name: Title: (must be either the Operator or Delegated Authority, not necessarily the person who conducted the inspection)

164 CORRECTIVE ACTIONS In accordance with Part II F.4 of the General VPDES Permit for Discharges of Stormwater from Construction Activities, documentation of any corrective actions taken be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated. In accordance with Part II G of the General VPDES Permit for Discharges of Stormwater from Construction Activities The operator shall implement the corrective action(s) identified as a result of an inspection as soon as practicable but no later than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained. The operator may be required to remove accumulated sediment deposits located outside of the construction activity covered by this general permit as soon as practicable in order to minimize environmental impacts. The operator shall notify the VSMP authority and the department as well as obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the removal of sediments accumulated in surface waters including wetlands.

165 CORRECTIVE ACTION LOG Correction Action Date Description of Corrective Action Responsible Party "I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." Operator or Delegated Authority Signature

166 SWPPP TERMINATION In accordance with Part I F of the General VPDES Permit for Discharges of Stormwater from Construction Activities: The operator of the construction activity shall submit a notice of termination in accordance with 9VAC to the VSMP authority after one or more of the following conditions have been met: a. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long term responsibility and maintenance requirements shall be recorded in the local land records prior to the submission of a notice of termination; b. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; c. Coverage under an alternative VPDES or state permit has been obtained; or d. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. The notice of termination should be submitted no later than 30 days after one of the above conditions in subdivision 1 of this subsection are met. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subdivisions 1 b through 1 d of this subsection. Termination of authorizations to discharge for the conditions set forth in subdivision 1 a of this subsection shall be effective upon notification from the department that the provisions of subdivision 1 a of this subsection have been met or 60 days after submittal of the notice of termination, whichever occurs first. The notice of termination shall be signed in accordance with Part III K of the general permit.

167 PERMANENT STORMWATER MANAGEMENT FACILITIES INSTALLED (information will need to reflect data requirements of online permitting system) Stormwater Management Facility (Designation/Type)* Location 6 th Order Hydrologic Unit Code** JL01 JL02 JL18 CITY OF RICHMOND JL19 JM85 JM86 Waterbody the SWM Facility discharges to: Drainage Area Served Impervious Area Served acres acres Managed Turf Area Served * Must be one of the SWM Facility Types listed in Table 14.1 ** See Map 14.1 acres Stormwater Management Facility (Designation/Type)* Location 6 th Order Hydrologic Unit Code JL01 JL02 JL18 CITY OF RICHMOND JL19 JM85 JM86 Waterbody the SWM Facility discharges to: Drainage Area Served Impervious Area Served acres acres Managed Turf Area Served * Must be one of the SWM Facility Types listed in Table 14.1 ** See Map 14.1 acres

168 Stormwater Management Facility (Designation/Type)* Location 6 th Order Hydrologic Unit Code JL01 JL02 JL18 CITY OF RICHMOND JL19 JM85 JM86 Waterbody the SWM Facility discharges to: Drainage Area Served Impervious Area Served acres acres Managed Turf Area Served * Must be one of the SWM Facility Types listed in Table 14.1 ** See Map 14.1 acres Stormwater Management Facility (Designation/Type)* Location 6 th Order Hydrologic Unit Code JL01 JL02 JL18 CITY OF RICHMOND JL19 JM85 JM86 Waterbody the SWM Facility discharges to: Drainage Area Served Impervious Area Served acres acres Managed Turf Area Served acres * Must be one of the SWM Facility Types listed in Table 14.1 ** See Map 14.1

169 SWM Facility Designation TABLE 14.1 APPROVED SWM FACILITIES SWM Facility Type DEQ Spec. # Stormwater Application Quality Quantity 50/ Rooftop Disconnection Sheetflow to Vegetated Filter or Conserved Open Space Sheetflow to Vegetated Filter or Conserved Open Space Grass Channel Soil Amendments Vegetated Roof Vegetated Roof Rainwater Harvesting Permeable Pavement Permeable Pavement Infiltration Infiltration Bioretention Bioretention Urban Bioretention 150 Dry Swale Dry Swale Wet Swale Wet Swale Filtering Practice Filtering Practice Constructed Wetland Constructed Wetland Wet Pond Wet Pond Extended Detention Pond Extended Detention Pond Dry Detention - Pond 178 Dry Detention - Underground

170 MAP TH ORDER HYDROLOGIC UNITS IN CITY OF RICHMOND

171 Registration Statement General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (Please Type or Print All Information) 1. Construction Activity Operator: (General permit coverage will be issued to this operator. The Certification in Item #12 must be signed by the appropriate person associated with this operator.) Name: Contact: Mailing Address: City: State: Zip: Phone: address (if available): Indicate if DEQ may transmit general permit correspondence electronically: Yes 2. Existing General Permit Registration Number (for renewals only): 3. Name and Location of the Construction Activity: Name: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): No Longitude (decimal degrees): Name and Location of all Off-site Support Activities to be covered under the general permit: Name: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Longitude (decimal degrees): 4. Status of the Construction Activity (check only one): Federal State Public Private 5. Nature of the Construction Activity (e.g., commercial, industrial, residential, agricultural, oil and gas, etc.): 6. Name of the Receiving Water(s) and Hydrologic Unit Code (HUC): Name: Name: HUC: HUC: 7. If the discharge is through a Municipal Separate Storm Sewer System (MS4), the name of the MS4 operator: 8. Estimated Project Start and Completion Date: Start Date (mm/dd/yyyy): 9. Total Land Area of Development (to the nearest one-hundredth acre): Estimated Area to be Disturbed (to the nearest one-hundredth acre): Completion Date (mm/dd/yyyy): 10. Is the area to be disturbed part of a larger common plan of development or sale? Yes No 11. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General VPDES Permit for Discharges of Stormwater from Construction Activities prior to submitting this Registration Statement. By signing this Registration Statement the operator is certifying that the SWPPP has been prepared. 12. Certification: "I certify under penalty of law that I have read and understand this Registration Statement and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." Printed Name: Signature: (Please sign in INK. This Certification must be signed by the appropriate person associated with the operator identified in Item #1.) Title: Date: 01/2014 Page 1 of 1

172 Instructions for Completing the Registration Statement General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) GENERAL A. Coverage Under this General Permit. Any operator applying for coverage under this general permit who is required to submit a Registration Statement (see Section B below) must submit a complete Registration Statement to the Department. The Registration Statement serves as a Notice of Intent for coverage under the General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10). B. Single-family Residences. Operators with an existing stormwater discharge or proposing a new stormwater discharge associated with the construction of a singlefamily residence separately built, disturbing less than one acre and part of a larger common plan of development or sale is not required to submit a Registration Statement, provided that the stormwater management plan for the larger common plan of development provides permanent control measures (i.e., stormwater management facilities) encompassing the single family residence. Operators of these types of discharges are authorized to discharge under this general permit immediately upon the general permit s effective date of July 1, C. To Apply for Permit Coverage. 1. New Construction Activities. Any operator proposing a new stormwater discharge from construction activities shall submit a complete Registration Statement to the Department prior to the commencement of land disturbance, unless exempted by Section B above. Any operator proposing a new stormwater discharge from construction activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment is immediately authorized to discharge under this general permit and must submit a complete Registration Statement to the Department no later than 30 days after commencing land disturbance; documentation to substantiate the occurrence of the public emergency must accompany the Registration Statement. 2. Existing Construction Activities. Any operator that was authorized to discharge under the general permit issued in 2009, and who intends to continue coverage under this general permit, shall submit a complete Registration Statement to the Department on or before June 1, 2014, unless exempted by Section B above. stormwater pollution prevention plan or comply with other permit conditions). The entities that are considered operators will commonly consist of the owner or developer of a project (the party with control of project plans and specifications) or the general contractor (the party with day to day operational control of the activities at the project site which are necessary to ensure compliance with the general permit). Provide the legal name (do not use a colloquial name), contact, mailing address, telephone number, and address (if available) of the construction activity operator; general permit coverage will be issued to this operator. Indicate if the Department may transmit general permit correspondence electronically. Item 2: Existing General Permit Registration Number. For reapplications only, provide the existing general permit registration number for the construction activity. This item does not need to be completed for new construction activities applying for general permit coverage. Item 3: Name and Location of the Construction Activity Information. Provide the official name, street address (if available), city or county (if not located within a City) of the construction activity. Also, provide the latitude and longitude in decimal degrees of the approximate center of the construction activity (e.g., N , W ). Name and Location of Off-site Support Activity Information. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that (i) the support activity is directly related to a construction activity that is required to have general permit coverage; (ii) the support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators; (iii) the support activity does not operate beyond the completion of the construction activity it supports; (iv) the support activity is identified in the registration statement at the time of general permit coverage; (v) appropriate control measures are identified in a SWPPP and implemented to address the discharges from the support activity areas; and (vi) all applicable state, federal, and local approvals are obtained for the support activity. D. Where to Submit Registration Statements. All Registration Statements should be submitted to: Department of Environmental Quality Office of Stormwater Management, 10 th Floor P.O. Box 1105 Richmond, VA LINE-BY-LINE INSTRUCTIONS Item 1: Construction Activity Operator Information. "Operator" means the owner or operator of any facility or activity subject to the Stormwater Management Act and regulations. In the context of stormwater associated with a large or small construction activity, operator means any person associated with a construction project that meets either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other state permit or VSMP authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the Provide the official name, street address (if available), City and County (if not located within a City) of all off-site support activities to be covered under this general permit. Also, provide the latitude and longitude in decimal degrees of the approximate center of the off-site support activities (e.g., N , W ). Also, if an off-site support activity is going to be covered under this general permit the total land area of the off-site support activity and the estimated area to be disturbed by the off-site support activity need to be included in Item #9. Item 4: Status of the Construction Activity. Indicate the appropriate status (Federal, State, Public, or Private) of the construction activity. Item 5: Nature of the Construction Activity. Provide a brief description of the construction activity, such as commercial, residential, agricultural, oil and gas, etc. This list is not all inclusive. Item 6: Receiving Waters(s) and HUC Information. Provide the name of the receiving water(s) and corresponding HUC for all stormwater discharges including any stormwater discharges from off-site support activities to be covered under this general permit. 01/2014 Page 1 of 2

173 Hydrologic Unit Code or HUC is a watershed unit established in the most recent version of Virginia s 6 th order national watershed boundary dataset. Item 7: MS4 Information. If stormwater is discharged through a municipal separate storm sewer system (MS4), provide the name of the MS4 operator. The name of the MS4 operator is generally the Town, City, County, Institute or Federal facility where the construction activity is located. Item 8: Construction Activity Start and Completion Date Information. Provide the estimated start date (month/day/year) of the construction activity. Provide the estimated completion date (month/day/year) of the construction activity. gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively. c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this part, 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. Item 9: Construction Activity Area Information. Provide the total area (to the nearest one-hundredth acre) of the development (i.e.., the total acreage of the larger common plan of development or sale). Include the total acreage of any off-site support activity to be covered under this general permit. Provide the estimated area (to the nearest one-hundredth acre) to be disturbed by the construction activity. Include the estimated area of land disturbance that will occur at any off-site support activity to be covered under this general permit. Item 10: Common Plan of Development or Sale Information. Indicate if the area to be disturbed by the construction activity is part of a larger common plan of development or sale. Larger common plan of development or sale is defined as a contiguous area where separate and distinct construction may be taking place at different times on different schedules. Plan is broadly defined as any announcement or documentation, including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, etc., or physical demarcation such as boundary signs, lot stakes, or surveyor markings indicating that construction activities may occur. Item 11: Stormwater Pollution Prevention Plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) must be prepared in accordance with the requirements of the General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) prior to submitting this Registration Statement. By signing this Registration Statement the operator is certifying that the SWPPP has been prepared. Item 12: Certification. A properly authorized individual associated with the operator identified in Item 1 of the Registration Statement is responsible for certifying and signing the Registration Statement. Please sign the Registration Statement in INK. State statutes provide for severe penalties for submitting false information on the Registration Statement. State regulations require that the Registration Statement be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to 01/2014 Page 2 of 2

174

175 TAB 17 Page 1 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

176 CHAPTER 880 GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES 9VAC Definitions. The words and terms used in this chapter shall have the meanings defined in the Virginia Stormwater Management Act (Article 2.3 ( :24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia), this chapter, and 9VAC unless the context clearly indicates otherwise, except as otherwise specified in this section. Terms not defined in the Act, this chapter, or 9VAC shall have the meaning attributed to them in the federal Clean Water Act (33 USC 1251 et seq.) (CWA). For the purposes of this chapter: "Business day" means Monday through Friday excluding state holidays. "Commencement of land disturbance" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of fill material). "Construction site" means the land where any land-disturbing activity is physically located or conducted, including any adjacent land used or preserved in connection with the land-disturbing activity. "Final stabilization" means that one of the following situations has occurred: 1. All soil disturbing activities at the site have been completed and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), mature enough to survive, and will inhibit erosion. 2. For individual lots in residential construction, final stabilization can occur by either: a. The homebuilder completing final stabilization as specified in subdivision 1 of this definition; or b. The homebuilder establishing temporary soil stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner, and informing the homeowner of the need for, and benefits of, final stabilization. 3. For construction projects on land used for agricultural purposes, final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization criteria specified in subdivision 1 or 2 of this definition. "Immediately" means as soon as practicable, but no later than the end of the next business day, following the day when the land-disturbing activities have temporarily or permanently ceased. In the context of this general permit, "immediately" is used to define the deadline for initiating stabilization measures. "Impaired waters" means surface waters identified as impaired on the (b)/303(d) Water Quality Assessment Integrated Report. "Infeasible" means not technologically possible or not economically practicable and achievable in light of best industry practices. "Initiation of stabilization activities" means: 1. Prepping the soil for vegetative or nonvegetative stabilization; Page 2 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

177 2. Applying mulch or other nonvegetative product to the exposed area; 3. Seeding or planting the exposed area; 4. Starting any of the above activities on a portion of the area to be stabilized, but not on the entire area; or 5. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization. This list is not exhaustive. "Measurable storm event" means a rainfall event producing 0.25 inches of rain or greater over 24 hours. "Stabilized" means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage. 9VAC Purpose. This general permit regulation governs stormwater discharges from regulated construction activities. For the purposes of this chapter, these discharges are defined as stormwater discharges associated with large construction activity, and stormwater discharges associated with small construction activity. Stormwater discharges associated with other types of industrial activity shall not have coverage under this general permit. This general permit covers only discharges through a point source to surface waters or through a municipal or nonmunicipal separate storm sewer system to surface waters. Stormwater discharges associated with industrial activity that originate from construction activities that have been completed and the site has undergone final stabilization are not authorized by this general permit. 9VAC Applicability of incorporated references based on the dates that they became effective. Except as noted, when a regulation of the United States set forth in the Code of Federal Regulations is referenced and incorporated herein, that regulation shall be as it exists and has been published in the July 1, 2013, update. 9VAC Effective date of general permit. This general permit is effective on July 1, The general permit will expire on June 30, This general permit is effective for any covered operator upon compliance with all provisions of 9VAC VAC Authorization to discharge. A. Any operator governed by this general permit is authorized to discharge to surface waters of the Commonwealth of Virginia provided that: 1. The operator submits a complete and accurate registration statement, if required to do so, in accordance with 9VAC and receives acceptance of the registration by the board; 2. The operator submits any permit fees, if required to do so, in accordance with 9VAC et seq.; 3. The operator complies with the applicable requirements of 9VAC ; 4. The operator obtains approval of: Page 3 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

178 a. An erosion and sediment control plan from the appropriate VESCP authority as authorized under the Erosion and Sediment Control Regulations (9VAC25-840), unless the operator receives from the VESCP an "agreement in lieu of a plan" as defined in 9VAC or prepares the erosion and sediment control plan in accordance with annual standards and specifications approved by the department. The operator of any land-disturbing activity that is not required to obtain erosion and sediment control plan approval from a VESCP authority or is not required to adopt department-approved annual standards and specifications shall submit the erosion and sediment control plan to the department for review and approval; and b. A stormwater management plan from the appropriate VSMP authority as authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), unless the operator prepares the stormwater management plan in accordance with annual standards and specifications approved by the department. The operator of any land-disturbing activity that is not required to obtain stormwater management plan approval from a VSMP authority or is not required to adopt department-approved annual standards and specifications shall submit the stormwater management plan to the department for review and approval; and 5. The board has not notified the operator that the discharge is not eligible for coverage in accordance with subsection B of this section. B. The board will notify an operator that the discharge is not eligible for coverage under this general permit in the event of any of the following: 1. The operator is required to obtain an individual permit in accordance with 9VAC B; 2. The operator is proposing discharges to surface waters specifically named in other board regulations that prohibit such discharges; 3. The discharge causes, may reasonably be expected to cause, or contributes to a violation of water quality standards (9VAC25-260); 4. The discharge violates or would violate the antidegradation policy in the Water Quality Standards (9VAC ) ; or 5. The discharge is not consistent with the assumptions and requirements of an applicable TMDL approved prior to the term of this general permit. C. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that: 1. The support activity is directly related to a construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; 2. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators; 3. The support activity does not operate beyond the completion of the last construction activity it supports; 4. The support activity is identified in the registration statement at the time of general permit coverage; 5. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and 6. All applicable, state, federal, and local approvals are obtained for the support activity. D. Support activities located off-site are not required to be covered under this general permit. Discharges of stormwater from off-site support activities may be authorized under Page 4 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

179 another state or VPDES permit. Where stormwater discharges from off-site support activities are not authorized under this general permit, the land area of the off-site support activity need not be included in determining the total land disturbance acreage of the construction activity seeking general permit coverage. E. Discharges authorized by this general permit may be commingled with other sources of stormwater that are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit. Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit so long as all such discharges comply with all applicable state and VPDES permit requirements. F. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit: 1. Discharges from firefighting activities; 2. Fire hydrant flushings; 3. Water used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge; 5. Potable water source, including uncontaminated waterline flushings; 6. Routine external building wash down where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 7. Pavement wash water where spills or leaks of toxic or hazardous materials have not occurred (or where all spilled or leaked material has been removed prior to washing); where soaps, solvents, or detergents have not been used; and where the wash water has been filtered, settled, or similarly treated prior to discharge; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated groundwater or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Uncontaminated, excavation dewatering, including dewatering of trenches and excavations that have been filtered, settled, or similarly treated prior to discharge; and 12. Landscape irrigations. G. Approval for coverage under this general permit does not relieve any operator of the responsibility to comply with any other applicable federal, state or local statute, ordinance or regulation. H. Continuation of general permit coverage. 1. Any operator that was authorized to discharge under the general permit issued in 2009 and that submits a complete and accurate registration statement on or before June 30, 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 operator under this general permit or b. Notifies the operator that the discharge is not eligible for coverage under this general permit. 2. When the operator is not in compliance with the conditions of the expiring or expired general permit the board may choose to do any or all of the following: Page 5 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

180 a. Initiate enforcement action based upon the 2009 general permit; b. Issue a notice of intent to deny the new general permit. If the general permit is denied, the owner or operator would then be required to cease the activities authorized by the continued general permit or be subject to enforcement action for operating without a state permit; c. Issue a new state permit with appropriate conditions; or d. Take other actions authorized by the VSMP Regulation (9VAC25-870). 9VAC Delegation of authorities to state and local programs. A board-approved VSMP authority is authorized to administer requirements of this general permit, including but not limited to: (i) registration statement acceptance; (ii) fee collection; (iii) stormwater management plan review and approval; and (iv) permit compliance and enforcement dependent upon conditions established as part of the board approval. 9VAC General permit application (registration statement). A. Deadlines for submitting registration statement. Any operator seeking coverage under this general permit, and that is required to submit a registration statement, shall submit a complete and accurate general VPDES permit registration statement in accordance with this section, which shall serve as a notice of intent for coverage under the general VPDES permit for discharges of stormwater from construction activities. 1. New construction activities. a. Any operator proposing a new stormwater discharge from construction activities shall submit a complete and accurate registration statement to the VSMP authority prior to the commencement of land disturbance. b. Any operator proposing a new stormwater discharge from construction activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment is authorized to discharge under this general permit, provided that: (1) The operator submits a complete and accurate registration statement to the VSMP authority no later than 30 days after commencing land disturbance; and (2) Documentation to substantiate the occurrence of the public emergency is provided with the registration statement. c. Any operator proposing a new stormwater discharge associated with the construction of a single-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale, is authorized to discharge under this general permit and is not required to submit a registration statement or the department portion of the permit fee, provided that the stormwater management plan for the larger common plan of development or sale provides permanent control measures (i.e., stormwater management facilities) encompassing the single family residence. 2. Existing construction activities. a. Any operator that was authorized to discharge under the general permit issued in 2009 and that intends to continue coverage under this general permit shall: (1) Submit a complete and accurate registration statement to the VSMP authority on or before June 1, 2014; and Page 6 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

181 (2) Update its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit. b. Any operator with an existing stormwater discharge associated with the construction of a single-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale, and that intends to continue coverage under this general permit, is authorized to discharge under this general permit and is not required to submit a registration statement or the department portion of the permit fee, provided that: (1) The stormwater management plan for the larger common plan of development or sale provides permanent control measures (i.e., stormwater management facilities) encompassing the single-family residence; and (2) The operator updates its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit. 3. For stormwater discharges from construction activities where the operator changes, the new operator must submit a complete and accurate registration statement or transfer agreement form to the VSMP authority prior to assuming operational control over site specifications or commencing work on-site. 4. Late notifications. Operators are not prohibited from submitting registration statements after commencing land disturbance. When a late registration statement is submitted, authorization for discharges shall not occur until coverage under the general permit is issued. The VSMP authority, department, board, and the EPA reserve the right to take enforcement action for any unpermitted discharges that occur between the commencement of land disturbance and discharge authorization. B. Registration statement. The operator shall submit a registration statement to the VSMP authority that shall contain the following information: 1. Name, contact, mailing address, telephone number, and address if available of the construction activity operator. No more than one operator may receive coverage under each registration statement. NOTE: General permit coverage will be issued to this operator, and the certification in subdivision 11 of this subsection must be signed by the appropriate person associated with this operator; 2. Name and location if available of the construction activity and all off-site support activities to be covered under this general permit, including city or county, and latitude and longitude in decimal degrees; 3. Status of the construction activity: federal, state, public, or private; 4. Nature of the construction activity (e.g., commercial, industrial, residential, agricultural, oil and gas, etc.); 5. Name of the receiving water(s) and HUC ; 6. If the discharge is through a municipal separate storm sewer system (MS4), the name of the municipal separate storm sewer system operator; 7. Estimated project start date and completion date; 8. Total land area of development and estimated area to be disturbed by the construction activity (to the nearest one-hundredth of an acre); 9. Whether the area to be disturbed by the construction activity is part of a larger common plan of development or sale; Page 7 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

182 10. A stormwater pollution prevention plan (SWPPP) must be prepared in accordance with the requirements of the General VPDES Permit for Stormwater Discharges from Construction Activities prior to submitting the registration statement. By signing the registration statement the operator certifies that the SWPPP has been prepared ; and 11. The following certification: "I certify under penalty of law that I have read and understand this registration statement and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." C. The registration statement shall be signed in accordance with 9VAC , Part III K. 9VAC Termination of general permit coverage. A. Requirements. The operator of the construction activity shall submit a notice of termination to the VSMP authority after one or more of the following conditions have been met: 1. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long-term responsibility and maintenance requirements for permanent control measures shall be recorded in the local land records prior to the submission of a notice of termination; 2. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; 3. Coverage under an alternative VPDES or state permit has been obtained; or 4. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. The notice of termination should be submitted no later than 30 days after one of the above conditions being met. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subdivisions 2 through 4 of this subsection unless otherwise notified by the VSMP authority or the department. Termination of authorizations to discharge for the conditions set forth in subdivision 1 of this subsection shall be effective upon notification from the department that the provisions of subdivision 1 of this subsection have been met or 60 days after submittal of the notice of terminations, whichever occurs first. B. Notice of termination. The notice of termination shall contain the following information: 1. Name, contact, mailing address, telephone number, and address if available of the construction activity operator. 2. Name and location if available of the construction activity covered under this general permit, including city or county, and latitude and longitude in decimal degrees. 3. The general permit registration number. 4. The basis for submission of the notice of termination, pursuant to subsection A of this section. 5. Where applicable, a list of the on-site and off-site permanent control measures (both structural and nonstructural) that were installed to comply with the stormwater Page 8 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

183 management technical criteria. For each permanent control measure that was installed, the following information shall be included: a. The type of permanent control measure installed and the date that it became functional as a permanent control measure; b. The location if available of the permanent control measure, including city or county, and latitude and longitude in decimal degrees; c. The receiving water of the permanent control measures; and d. The number of total and impervious acres treated by the permanent control measure (to the nearest one-tenth of an acre). 6. Where applicable, the following information related to participation in a regional stormwater management plan. For each regional stormwater management facility, the following information shall be included: a. The type of regional facility to which the site contributes; b. The location if available of the regional facility, including city or county, and latitude and longitude in decimal degrees; and c. The number of total and impervious site acres treated by the regional facility (to the nearest one-tenth of an acre). 7. Where applicable, the following information related to perpetual nutrient credits that were acquired in accordance with :35 of the Code of Virginia: a. The name of the nonpoint nutrient credit generating entity from which perpetual nutrient credits were acquired; and b. The number of perpetual nutrient credits acquired (lbs. per acre per year). 8. The following certification: "I certify under penalty of law that I have read and understand this notice of termination and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." C. The notice of termination shall be signed in accordance with 9VAC Part III K. D. Termination by the board. The board may terminate coverage under this general permit during its term and require application for an individual permit or deny a general permit renewal application on its own initiative in accordance with the Act, this chapter, and the VSMP Regulation, 9VAC VAC General permit. Any operator whose registration statement is accepted by the board will receive the following general permit and shall comply with the requirements contained therein and be subject to all requirements of 9VAC Page 9 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

184 General Permit No.: VAR10 Effective Date: July 1, 2014 Expiration Date: June 30, 2019 GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA STORMWATER MANAGEMENT PROGRAM AND THE VIRGINIA STORMWATER MANAGEMENT ACT In compliance with the provisions of the Clean Water Act, as amended, and pursuant to the Virginia Stormwater Management Act and regulations adopted pursuant thereto, operators of construction activities are authorized to discharge to surface waters within the boundaries of the Commonwealth of Virginia, except those specifically named in State Water Control Board regulations that prohibit such discharges. The authorized discharge shall be in accordance with this cover page, Part I - Discharge Authorization and Special Conditions, Part II - Stormwater Pollution Prevention Plan, and Part III - Conditions Applicable to All VPDES Permits as set forth herein. PART I DISCHARGE AUTHORIZATION AND SPECIAL CONDITIONS A. Coverage under this general permit. 1. During the period beginning with the date of coverage under this general permit and lasting until the general permit's expiration date, the operator is authorized to discharge stormwater from construction activities. 2. This general permit also authorizes stormwater discharges from support activities (e.g., concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas) located on-site or off-site provided that: a. The support activity is directly related to the construction activity that is required to have general permit coverage for discharges of stormwater from construction activities; b. The support activity is not a commercial operation, nor does it serve multiple unrelated construction activities by different operators ; c. The support activity does not operate beyond the completion of the last construction activity it supports; d. The support activity is identified in the registration statement at the time of general permit coverage; e. Appropriate control measures are identified in a stormwater pollution prevention plan and implemented to address the discharges from the support activity areas; and f. All applicable state, federal, and local approvals are obtained for the support activity. B. Limitations on coverage. 1. Post-construction discharges. This general permit does not authorize stormwater discharges that originate from the site after construction activities have been completed and the site, including any support activity sites covered under the general permit Page 10 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

185 registration, has undergone final stabilization. Post-construction industrial stormwater discharges may need to be covered by a separate VPDES permit. 2. Discharges mixed with nonstormwater. This general permit does not authorize discharges that are mixed with sources of nonstormwater, other than those discharges that are identified in Part I E (Authorized nonstormwater discharges) and are in compliance with this general permit. 3. Discharges covered by another state permit. This general permit does not authorize discharges of stormwater from construction activities that have been covered under an individual permit or required to obtain coverage under an alternative general permit. 4. Impaired waters and TMDL limitation. Discharges of stormwater from construction activities to surface waters identified as impaired in the (b)/303(d) Water Quality Assessment Integrated Report or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit for (i) sediment or a sediment-related parameter (i.e., total suspended solids or turbidity) or (ii) nutrients (i.e., nitrogen or phosphorus) are not eligible for coverage under this general permit unless the operator develops, implements, and maintains a SWPPP that minimizes the pollutants of concern and, when applicable, is consistent with the assumptions and requirements of the approved TMDL wasteload allocations. In addition, the operator shall implement the following items: a. The impaired water(s), approved TMDL(s), and pollutant(s) of concern, when applicable, shall be identified in the SWPPP; b. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; c. Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to surface waters identified as impaired or for which a TMDL wasteload allocation has been established and approved prior to the term of this general permit. 5. Exceptional waters limitation. Discharges of stormwater from construction activities not previously covered under the general permit issued in 2009 to exceptional waters identified in 9VAC A 3 c are not eligible for coverage under this general permit unless the operator implements the following: a. The exceptional water(s) shall be identified in the SWPPP; b. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; c. Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and Page 11 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

186 d. The applicable SWPPP inspection requirements specified in Part II F 2 shall be amended as follows: (1) Inspections shall be conducted at a frequency of (i) at least once every four business days or (ii) at least once every five business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted on the next business day; and (2) Representative inspections used by utility line installation, pipeline construction, or other similar linear construction activities shall inspect all outfalls discharging to exceptional waters. 6. There shall be no discharge of floating solids or visible foam in other than trace amounts. C. Commingled discharges. Discharges authorized by this general permit may be commingled with other sources of stormwater that are not required to be covered under a state permit, so long as the commingled discharge is in compliance with this general permit. Discharges authorized by a separate state or VPDES permit may be commingled with discharges authorized by this general permit so long as all such discharges comply with all applicable state and VPDES permit requirements. D. Prohibition of nonstormwater discharges. Except as provided in Parts I A 2, I C and I E, all discharges covered by this general permit shall be composed entirely of stormwater associated with construction activities. All other discharges including the following are prohibited: 1. Wastewater from washout of concrete; 2. Wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; 4. Oils, toxic substances, or hazardous substances from spills or other releases; and 5. Soaps, solvents, or detergents used in equipment and vehicle washing. E. Authorized nonstormwater discharges. The following nonstormwater discharges from construction activities are authorized by this general permit when discharged in compliance with this general permit: 1. Discharges from firefighting activities; 2. Fire hydrant flushings; 3. Waters used to wash vehicles or equipment where soaps, solvents, or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 4. Water used to control dust that has been filtered, settled, or similarly treated prior to discharge; 5. Potable water sources, including uncontaminated waterline flushings; 6. Routine external building wash down where soaps, solvents or detergents have not been used and the wash water has been filtered, settled, or similarly treated prior to discharge; 7. Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (or where all spilled or leaked material has been removed prior to Page 12 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

187 washing); where soaps, solvents, or detergents have not been used ; and where the wash water has been filtered, settled, or similarly treated prior to discharge; 8. Uncontaminated air conditioning or compressor condensate; 9. Uncontaminated ground water or spring water; 10. Foundation or footing drains where flows are not contaminated with process materials such as solvents; 11. Uncontaminated excavation dewatering, including dewatering of trenches and excavations that have been filtered, settled, or similarly treated prior to discharge; and 12. Landscape irrigation. F. Termination of general permit coverage. 1. The operator of the construction activity shall submit a notice of termination in accordance with 9VAC to the VSMP authority after one or more of the following conditions have been met: a. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long term responsibility and maintenance requirements shall be recorded in the local land records prior to the submission of a notice of termination; b. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; c. Coverage under an alternative VPDES or state permit has been obtained; or d. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. 2. The notice of termination should be submitted no later than 30 days after one of the above conditions in subdivision 1 of this subsection are met. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subdivisions 1 b through 1 d of this subsection. Termination of authorizations to discharge for the conditions set forth in subdivision 1 a of this subsection shall be effective upon notification from the department that the provisions of subdivision 1 a of this subsection have been met or 60 days after submittal of the notice of termination, whichever occurs first. 3. The notice of termination shall be signed in accordance with Part III K of this general permit. G. Water quality protection. 1. The operator must select, install, implement and maintain control measures as identified in the SWPPP at the construction site that minimize pollutants in the discharge as necessary to ensure that the operator's discharge does not cause or contribute to an excursion above any applicable water quality standard. 2. If it is determined by the department that the operator's discharges are causing, have reasonable potential to cause, or are contributing to an excursion above any applicable water quality standard, the department, in consultation with the VSMP authority, may take appropriate enforcement action and require the operator to: a. Modify or implement additional control measures in accordance with Part II B to adequately address the identified water quality concerns; Page 13 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

188 b. Submit valid and verifiable data and information that are representative of ambient conditions and indicate that the receiving water is attaining water quality standards; or c. Submit an individual permit application in accordance with 9VAC B 3. All written responses required under this chapter must include a signed certification consistent with Part III K. PART II STORMWATER POLLUTION PREVENTION PLAN A stormwater pollution prevention plan (SWPPP) shall be developed prior to the submission of a registration statement and implemented for the construction activity, including any support activity, covered by this general permit. SWPPPs shall be prepared in accordance with good engineering practices. Construction activities that are part of a larger common plan of development or sale and disturb less than one acre may utilize a SWPPP template provided by the department and need not provide a separate stormwater management plan if one has been prepared and implemented for the larger common plan of development or sale. The SWPPP requirements of this general permit may be fulfilled by incorporating by reference other plans such as a spill prevention control and countermeasure (SPCC) plan developed for the site under 311 of the federal Clean Water Act or best management practices (BMP) programs otherwise required for the facility provided that the incorporated plan meets or exceeds the SWPPP requirements of Part II A. All plans incorporated by reference into the SWPPP become enforceable under this general permit. If a plan incorporated by reference does not contain all of the required elements of the SWPPP, the operator must develop the missing elements and include them in the SWPPP. Any operator that was authorized to discharge under the general permit issued in 2009, and that intends to continue coverage under this general permit, shall update its stormwater pollution prevention plan to comply with the requirements of this general permit no later than 60 days after the date of coverage under this general permit. A. Stormwater pollution prevention plan contents. The SWPPP shall include the following items: 1. General information. a. A signed copy of the registration statement for coverage under the general VPDES permit for discharges of stormwater from construction activities; b. Upon receipt, a copy of the notice of coverage under the general VPDES permit for discharges of stormwater from construction activities (i.e., notice of coverage letter); c. Upon receipt, a copy of the general VPDES permit for discharges of stormwater from construction activities; d. A narrative description of the nature of the construction activity, including the function of the project (e.g., low density residential, shopping mall, highway, etc.); e. A legible site plan identifying: (1) Directions of stormwater flow and approximate slopes anticipated after major grading activities; (2) Limits of land disturbance including steep slopes and natural buffers around surface waters that will not be disturbed; Page 14 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

189 (3) Locations of major structural and nonstructural control measures, including sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to filter, settle, or similarly treat sediment, that will be installed between disturbed areas and the undisturbed vegetated areas in order to increase sediment removal and maximize stormwater infiltration; (4) Locations of surface waters; (5) Locations where concentrated stormwater is discharged; (6) Locations of support activities, when applicable and when required by the VSMP authority, including but not limited to (i) areas where equipment and vehicle washing, wheel wash water, and other wash water is to occur; (ii) storage areas for chemicals such as acids, fuels, fertilizers, and other lawn care chemicals; (iii) concrete wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities, including those temporarily placed on the construction site; and (vi) construction waste storage; and (7) When applicable, the location of the on-site rain gauge or the methodology established in consultation with the VSMP authority used to identify measurable storm events for inspection purposes. 2. Erosion and sediment control plan. a. An erosion and sediment control plan approved by the VESCP authority as authorized under the Erosion and Sediment Control Regulations (9VAC25-840), an "agreement in lieu of a plan" as defined in 9VAC from the VESCP authority, or an erosion and sediment control plan prepared in accordance with annual standards and specifications approved by the department. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain erosion and sediment control plan approval from a VESCP authority or does not adopt department-approved annual standards and specifications shall submit the erosion and sediment control plan to the department for review and approval. b. All erosion and sediment control plans shall include a statement describing the maintenance responsibilities required for the erosion and sediment controls used. c. A properly implemented approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and sediment control plan prepared in accordance with department-approved annual standards and specifications, that adequately: (1) Controls the volume and velocity of stormwater runoff within the site to minimize soil erosion; (2) Controls stormwater discharges, including peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion; (3) Minimizes the amount of soil exposed during the construction activity; (4) Minimizes the disturbance of steep slopes; (5) Minimizes sediment discharges from the site in a manner that addresses (i) the amount, frequency, intensity, and duration of precipitation; (ii) the nature of resulting stormwater runoff; and (iii) soil characteristics, including the range of soil particle sizes present on the site; (6) Provides and maintains natural buffers around surface waters, directs stormwater to vegetated areas to increase sediment removal, and maximizes stormwater infiltration, unless infeasible; Page 15 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

190 (7) Minimizes soil compaction and, unless infeasible, preserves topsoil; (8) Ensures that stabilization of disturbed areas will be initiated immediately whenever any clearing, grading, excavating, or other land-disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 days; and (9) Utilizes outlet structures that withdraw stormwater from the surface (i.e., above the permanent pool or wet storage water surface elevation), unless infeasible, when discharging from sediment basins or sediment traps. 3. Stormwater management plan. a. New construction activities. A stormwater management plan approved by the VSMP authority as authorized under the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870), or a stormwater management plan prepared in accordance with annual standards and specifications approved by the department. Any operator proposing a new stormwater discharge from construction activities that is not required to obtain stormwater management plan approval from a VSMP authority or does not adopt department-approved annual standards and specifications shall submit the stormwater management plan to the department for review and approval. b. Existing construction activities. Any operator that was authorized to discharge under the general permit issued in 2009, and that intends to continue coverage under this general permit, shall ensure compliance with the requirements of 9VAC through 9VAC of the VSMP Regulation, including but not limited to the water quality and quantity requirements. The SWPPP shall include a description of, and all necessary calculations supporting, all post-construction stormwater management measures that will be installed prior to the completion of the construction process to control pollutants in stormwater discharges after construction operations have been completed. Structural measures should be placed on upland soils to the degree possible. Such measures must be designed and installed in accordance with applicable VESCP authority, VSMP authority, state, and federal requirements, and any necessary permits must be obtained. 4. Pollution prevention plan. A pollution prevention plan that addresses potential pollutant-generating activities that may reasonably be expected to affect the quality of stormwater discharges from the construction activity, including any support activity. The pollution prevention plan shall: a. Identify the potential pollutant-generating activities and the pollutant that is expected to be exposed to stormwater; b. Describe the location where the potential pollutant-generating activities will occur, or if identified on the site plan, reference the site plan; c. Identify all nonstormwater discharges, as authorized in Part I E of this general permit, that are or will be commingled with stormwater discharges from the construction activity, including any applicable support activity; d. Identify the person responsible for implementing the pollution prevention practice or practices for each pollutant-generating activity (if other than the person listed as the qualified personnel); e. Describe the pollution prevention practices and procedures that will be implemented to: (1) Prevent and respond to leaks, spills, and other releases including (i) procedures for expeditiously stopping, containing, and cleaning up spills, leaks, and other Page 16 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

191 releases; and (ii) procedures for reporting leaks, spills, and other releases in accordance with Part III G; (2) Prevent the discharge of spilled and leaked fuels and chemicals from vehicle fueling and maintenance activities (e.g., providing secondary containment such as spill berms, decks, spill containment pallets, providing cover where appropriate, and having spill kits readily available); (3) Prevent the discharge of soaps, solvents, detergents, and wash water from construction materials, including the clean-up of stucco, paint, form release oils, and curing compounds (e.g., providing (i) cover (e.g., plastic sheeting or temporary roofs) to prevent contact with stormwater; (ii) collection and proper disposal in a manner to prevent contact with stormwater; and (iii) a similarly effective means designed to prevent discharge of these pollutants); (4) Minimize the discharge of pollutants from vehicle and equipment washing, wheel wash water, and other types of washing (e.g., locating activities away from surface waters and stormwater inlets or conveyance and directing wash waters to sediment basins or traps, using filtration devices such as filter bags or sand filters, or using similarly effective controls); (5) Direct concrete wash water into a leak-proof container or leak-proof settling basin. The container or basin shall be designed so that no overflows can occur due to inadequate sizing or precipitation. Hardened concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wastes. Liquid concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wash waters and shall not be discharged to surface waters; (6) Minimize the discharge of pollutants from storage, handling, and disposal of construction products, materials, and wastes including (i) building products such as asphalt sealants, copper flashing, roofing materials, adhesives, and concrete admixtures; (ii) pesticides, herbicides, insecticides, fertilizers, and landscape materials; and (iii) construction and domestic wastes such as packaging materials, scrap construction materials, masonry products, timber, pipe and electrical cuttings, plastics, styrofoam, concrete, and other trash or building materials; (7) Prevent the discharge of fuels, oils, and other petroleum products, hazardous or toxic wastes, and sanitary wastes; and (8) Address any other discharge from the potential pollutant-generating activities not addressed above; and f. Describe procedures for providing pollution prevention awareness of all applicable wastes, including any wash water, disposal practices, and applicable disposal locations of such wastes, to personnel in order to comply with the conditions of this general permit. The operator shall implement the procedures described in the SWPPP. 5. SWPPP requirements for discharges to impaired waters, surface waters with an applicable TMDL wasteload allocation established and approved prior to the term of this general permit, and exceptional waters. The SWPPP shall: a. Identify the impaired water(s), approved TMDL(s), pollutant(s) of concern, and exceptional waters identified in 9VAC A 3 c, when applicable; b. Provide clear direction that: (1) Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site; Page 17 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

192 (2) Nutrients shall be applied in accordance with manufacturer's recommendations or an approved nutrient management plan and shall not be applied during rainfall events; and (3) A modified inspection schedule shall be implemented in accordance with Part I B 4 or Part I B Qualified personnel. The name, phone number, and qualifications of the qualified personnel conducting inspections required by this general permit. 7. Delegation of authority. The individuals or positions with delegated authority, in accordance with Part III K, to sign inspection reports or modify the SWPPP. 8. SWPPP signature. The SWPPP shall be signed and dated in accordance with Part III K. B. SWPPP amendments, modification, and updates. 1. The operator shall amend the SWPPP whenever there is a change in the design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not been previously addressed in the SWPPP. 2. The SWPPP must be amended if, during inspections or investigations by the operator's qualified personnel, or by local, state, or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in discharges from the construction activity. Revisions to the SWPPP shall include additional or modified control measures designed and implemented to correct problems identified. If approval by the VESCP authority, VSMP authority, or department is necessary for the control measure, revisions to the SWPPP shall be completed no later than seven calendar days following approval. Implementation of these additional or modified control measures must be accomplished as described in Part II G. 3. The SWPPP must clearly identify the contractor(s) that will implement and maintain each control measure identified in the SWPPP. The SWPPP shall be amended to identify any new contractor that will implement and maintain a control measure. 4. The operator shall update the SWPPP no later than seven days following any modification to its implementation. All modifications or updates to the SWPPP shall be noted and shall include the following items: a. A record of dates when: (1) Major grading activities occur; (2) Construction activities temporarily or permanently cease on a portion of the site; and (3) Stabilization measures are initiated; b. Documentation of replaced or modified controls where periodic inspections or other information have indicated that the controls have been used inappropriately or incorrectly and where modified as soon as possible; c. Areas that have reached final stabilization and where no further SWPPP or inspection requirements apply; d. All properties that are no longer under the legal control of the operator and the dates on which the operator no longer had legal control over each property; e. The date of any prohibited discharges, the discharge volume released, and what actions were taken to minimize the impact of the release; f. Measures taken to prevent the reoccurrence of any prohibited discharge; and Page 18 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

193 g. Measures taken to address any evidence identified as a result of an inspection required under Part II F. 5. Amendments, modifications, or updates to the SWPPP shall be signed in accordance with Part III K. C. Public Notification. Upon commencement of land disturbance, the operator shall post conspicuously a copy of the notice of coverage letter near the main entrance of the construction activity. For linear projects, the operator shall post the notice of coverage letter at a publicly accessible location near an active part of the construction project (e.g., where a pipeline crosses a public road). The operator shall maintain the posted information until termination of general permit coverage as specified in Part I F. D. SWPPP availability. 1. Operators with day-to-day operational control over SWPPP implementation shall have a copy of the SWPPP available at a central location on-site for use by those identified as having responsibilities under the SWPPP whenever they are on the construction site. 2. The operator shall make the SWPPP and all amendments, modifications, and updates available upon request to the department, the VSMP authority, the EPA, the VESCP authority, local government officials, or the operator of a municipal separate storm sewer system receiving discharges from the construction activity. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the SWPPP's location must be posted near the main entrance of the construction site. 3. The operator shall make the SWPPP available for public review in an electronic format or in hard copy. Information for public access to the SWPPP shall be posted and maintained in accordance with Part II C. If not provided electronically, public access to the SWPPP may be arranged upon request at a time and at a publicly accessible location convenient to the operator or his designee but shall be no less than once per month and shall be during normal business hours. Information not required to be contained within the SWPPP by this general permit is not required to be released. E. SWPPP implementation. The operator shall implement the SWPPP and subsequent amendments, modifications, and updates from commencement of land disturbance until termination of general permit coverage as specified in Part I F. 1. All control measures must be properly maintained in effective operating condition in accordance with good engineering practices and, where applicable, manufacturer specifications. If a site inspection required by Part II F identifies a control measure that is not operating effectively, corrective action(s) shall be completed as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority, to maintain the continued effectiveness of the control measures. 2. If site inspections required by Part II F identify an existing control measure that needs to be modified or if an additional control measure is necessary for any reason, implementation shall be completed prior to the next anticipated measurable storm event. If implementation prior to the next anticipated measurable storm event is impracticable, then alternative control measures shall be implemented as soon as practicable, but no later than seven days after discovery or a longer period as established by the VSMP authority. F. SWPPP Inspections. 1. Personnel responsible for on-site and off-site inspections. Inspections required by this general permit shall be conducted by the qualified personnel identified by the operator in the SWPPP. The operator is responsible for insuring that the qualified personnel conduct the inspection. Page 19 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

194 2. Inspection schedule. a. Inspections shall be conducted at a frequency of: (1) At least once every five business days; or (2) At least once every 10 business days and no later than 48 hours following a measurable storm event. In the event that a measurable storm event occurs when there are more than 48 hours between business days, the inspection shall be conducted no later than the next business day. b. Where areas have been temporarily stabilized or land-disturbing activities will be suspended due to continuous frozen ground conditions and stormwater discharges are unlikely, the inspection frequency may be reduced to once per month. If weather conditions (such as above freezing temperatures or rain or snow events) make discharges likely, the operator shall immediately resume the regular inspection frequency. c. Representative inspections may be utilized for utility line installation, pipeline construction, or other similar linear construction activities provided that: (1) Temporary or permanent soil stabilization has been installed and vehicle access may compromise the temporary or permanent soil stabilization and potentially cause additional land disturbance increasing the potential for erosion; (2) Inspections occur on the same frequency as other construction activities; (3) Control measures are inspected along the construction site 0.25 miles above and below each access point (i.e., where a roadway, undisturbed right-of-way, or other similar feature intersects the construction activity and access does not compromise temporary or permanent soil stabilization); and (4) Inspection locations are provided in the report required by Part II F. 3. Inspection requirements. a. As part of the inspection, the qualified personnel shall: (1) Record the date and time of the inspection and when applicable the date and rainfall amount of the last measurable storm event; (2) Record the information and a description of any discharges occurring at the time of the inspection; (3) Record any land-disturbing activities that have occurred outside of the approved erosion and sediment control plan; (4) Inspect the following for installation in accordance with the approved erosion and sediment control plan, identification of any maintenance needs, and evaluation of effectiveness in minimizing sediment discharge, including whether the control has been inappropriately or incorrectly used: (a) All perimeter erosion and sediment controls, such as silt fence; (b) Soil stockpiles, when applicable, and borrow areas for stabilization or sediment trapping measures; (c) Completed earthen structures, such as dams, dikes, ditches, and diversions for stabilization; (d) Cut and fill slopes; (e) Sediment basins and traps, sediment barriers, and other measures installed to control sediment discharge from stormwater; (f) Temporary or permanent channel, flume, or other slope drain structures installed to convey concentrated runoff down cut and fill slopes; Page 20 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

195 (g) Storm inlets that have been made operational to ensure that sediment laden stormwater does not enter without first being filtered or similarly treated; and (h) Construction vehicle access routes that intersect or access paved roads for minimizing sediment tracking; (5) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for initiation of stabilization activities; (6) Inspect areas that have reached final grade or that will remain dormant for more than 14 days for completion of stabilization activities within seven days of reaching grade or stopping work; (7) Inspect for evidence that the approved erosion and sediment control plan, "agreement in lieu of a plan," or erosion and sediment control plan prepared in accordance with department-approved annual standards and specifications has not been properly implemented. This includes but is not limited to: (a) Concentrated flows of stormwater in conveyances such as rills, rivulets or channels that have not been filtered, settled, or similarly treated prior to discharge, or evidence thereof; (b) Sediment laden or turbid flows of stormwater that have not been filtered or settled to remove sediments prior to discharge; (c) Sediment deposition in areas that drain to unprotected stormwater inlets or catch basins that discharge to surface waters. Inlets and catch basins with failing sediments controls due to improper installation, lack of maintenance, or inadequate design are considered unprotected; (d) Sediment deposition on any property (including public and private streets) outside of the construction activity covered by this general permit; (e) Required stabilization has not been initiated or completed on portions of the site; (f) Sediment basins without adequate wet or dry storage volume or sediment basins that allow the discharge of stormwater from below the surface of the wet storage portion of the basin; (g) Sediment traps without adequate wet or dry storage or sediment traps that allow the discharge of stormwater from below the surface of the wet storage portion of the trap; and (h) Land disturbance outside of the approved area to be disturbed; (8) Inspect pollutant generating activities identified in the pollution prevention plan for the proper implementation, maintenance and effectiveness of the procedures and practices; (9) Identify any pollutant generating activities not identified in the pollution prevention plan; and (10) Identify and document the presence of any evidence of the discharge of pollutants prohibited by this general permit. 4. Inspection report. Each inspection report shall include the following items: a. The date and time of the inspection and when applicable, the date and rainfall amount of the last measurable storm event; b. Summarized findings of the inspection; c. The location(s) of prohibited discharges; d. The location(s) of control measures that require maintenance; Page 21 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

196 e. The location(s) of control measures that failed to operate as designed or proved inadequate or inappropriate for a particular location; f. The location(s) where any evidence identified under Part II F 3 a (7) exists; g. The location(s) where any additional control measure is needed that did not exist at the time of inspection; h. A list of corrective actions required (including any changes to the SWPPP that are necessary ) as a result of the inspection or to maintain permit compliance; i. Documentation of any corrective actions required from a previous inspection that have not been implemented; and j. The date and signature of the qualified personnel and the operator or its duly authorized representative. The inspection report and any actions taken in accordance with Part II must be retained by the operator as part of the SWPPP for at least three years from the date that general permit coverage expires or is terminated. The inspection report shall identify any incidents of noncompliance. Where an inspection report does not identify any incidents of noncompliance, the report shall contain a certification that the construction activity is in compliance with the SWPPP and this general permit. The report shall be signed in accordance with Part III K of this general permit. G. Corrective actions. 1. The operator shall implement the corrective action(s) identified as a result of an inspection as soon as practicable but no later than seven days after discovery or a longer period as approved by the VSMP authority. If approval of a corrective action by a regulatory authority (e.g., VSMP authority, VESCP authority, or the department) is necessary, additional control measures shall be implemented to minimize pollutants in stormwater discharges until such approvals can be obtained. 2. The operator may be required to remove accumulated sediment deposits located outside of the construction activity covered by this general permit as soon as practicable in order to minimize environmental impacts. The operator shall notify the VSMP authority and the department as well as obtain all applicable federal, state, and local authorizations, approvals, and permits prior to the removal of sediments accumulated in surface waters including wetlands. PART III CONDITIONS APPLICABLE TO ALL VPDES PERMITS NOTE: Discharge monitoring is not required for this general permit. If the operator chooses to monitor stormwater discharges or control measures, the operator must comply with the requirements of subsections A, B, and C, as appropriate. A. Monitoring. 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitoring activity. 2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this general permit. Analyses performed according to test procedures approved under 40 CFR Part 136 shall be performed by an environmental laboratory certified under regulations adopted by the Department of General Services (1VAC30-45 or 1VAC30-46). Page 22 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

197 3. The operator shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will ensure accuracy of measurements. B. Records. 1. Monitoring records and reports 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. The operator 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 general permit, and records of all data used to complete the registration statement for this general permit, for a period of at least three years from the date of the sample, measurement, report or request for coverage. 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 operator, or as requested by the board. C. Reporting monitoring results. 1. The operator shall update the SWPPP to include the results of the monitoring as may be performed in accordance with this general permit, unless another reporting schedule is specified elsewhere in this general permit. 2. Monitoring results shall be reported on a discharge monitoring report (DMR); on forms provided, approved or specified by the department; or in any format provided that the date, location, parameter, method, and result of the monitoring activity are included. 3. If the operator monitors any pollutant specifically addressed by this general permit more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this general 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 general permit. D. Duty to provide information. The operator shall furnish, within a reasonable time, any information which the board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this general permit or to determine compliance with this general permit. The board, department, EPA, or VSMP authority may require the operator 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 surface waters, or such other information as may be necessary to accomplish the purposes of the CWA and the Virginia Stormwater Management Act. The operator shall also furnish to the board, department, EPA, or VSMP authority, upon request, copies of records required to be kept by this general permit. E. Compliance schedule reports. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this general permit shall be submitted no later than 14 days following each schedule date. Page 23 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

198 F. Unauthorized stormwater discharges. Pursuant to of the Code of Virginia, except in compliance with a state permit issued by the department, it shall be unlawful to cause a stormwater discharge from a construction activity. G. Reports of unauthorized discharges. Any operator who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance or a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or :19 of the Code of Virginia that occurs during a 24-hour period into or upon surface waters or who discharges or causes or allows a discharge that may reasonably be expected to enter surface waters, shall notify the Department of Environmental Quality of the discharge immediately upon discovery of the discharge, but in no case later than within 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the department and the VSMP authority within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The length of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this general permit. Discharges reportable to the department and the VSMP authority under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of unusual or extraordinary discharges. If any unusual or extraordinary discharge including a "bypass" or "upset", as defined herein, should occur from a facility and the discharge enters or could be expected to enter surface waters, the operator shall promptly notify, in no case later than within 24 hours, the department and the VSMP authority 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 operator shall reduce the report to writing and shall submit it to the department and the VSMP authority within five days of discovery of the discharge in accordance with Part III I 2. Unusual and extraordinary 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 of some or all of the facilities; and 4. Flooding or other acts of nature. I. Reports of noncompliance. The operator shall report any noncompliance which may adversely affect surface waters or may endanger public health. 1. An oral report to the department and the VSMP authority shall be provided within 24 hours from the time the operator becomes aware of the circumstances. The following shall be included as information that shall be reported within 24 hours under this subdivision: Page 24 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

199 a. Any unanticipated bypass; and b. Any upset that causes a discharge to surface waters. 2. A written report shall be submitted within five 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 department may waive the written report on a case-by-case basis for reports of noncompliance under Part III I if the oral report has been received within 24 hours and no adverse impact on surface waters has been reported. 3. The operator shall report all instances of noncompliance not reported under Part III I 1 or 2 in writing as part of the SWPPP. The reports shall contain the information listed in Part III I 2. NOTE: The reports required in Part III G, H and I shall be made to the department and the VSMP authority. Reports may be made by telephone, , or by fax. For reports outside normal working hours, leaving a recorded message shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Management maintains a 24-hour telephone service at Where the operator becomes aware of a failure to submit any relevant facts, or submittal of incorrect information in any report, including a registration statement, to the department or the VSMP authority, the operator shall promptly submit such facts or correct information. J. Notice of planned changes. 1. The operator shall give notice to the department and the VSMP authority as soon as possible of any planned physical alterations or additions to the permitted facility or activity. Notice is required only when: a. The operator plans an alteration or addition to any building, structure, facility, or installation that may meet one of the criteria for determining whether a facility is a new source in 9VAC ; b. The operator plans an alteration or addition that would significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this general permit; or 2. The operator shall give advance notice to the department and VSMP authority of any planned changes in the permitted facility or activity, which may result in noncompliance with state permit requirements. K. Signatory requirements. 1. Registration statement. All registration statements shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this chapter, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the Page 25 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

200 explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for state permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this chapter, a principal executive officer of a public agency includes: (i) the chief executive officer of the agency or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by this general permit, including SWPPPs, and other information requested by the board or the department shall be signed by a person described in Part III K 1 or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part III K 1; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the operator. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and c. The signed and dated written authorization is included in the SWPPP. A copy must be provided to the department and VSMP authority, if requested. 3. Changes to authorization. If an authorization under Part III K 2 is no longer accurate because a different individual or position has responsibility for the overall operation of the construction activity, a new authorization satisfying the requirements of Part III K 2 shall be submitted to the VSMP authority as the administering entity for the board prior to or together with any reports or information to be signed by an authorized representative. 4. Certification. Any person signing a document under Part III K 1 or 2 shall make the following certification: "I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." L. Duty to comply. The operator shall comply with all conditions of this general permit. Any state permit noncompliance constitutes a violation of the Virginia Stormwater Management Act and the Clean Water Act, except that noncompliance with certain provisions of this general permit may constitute a violation of the Virginia Stormwater Management Act but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for state permit Page 26 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

201 termination, revocation and reissuance, or modification; or denial of a state permit renewal application. The operator shall comply with effluent standards or prohibitions established under 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this general permit has not yet been modified to incorporate the requirement. M. Duty to reapply. If the operator wishes to continue an activity regulated by this general permit after the expiration date of this general permit, the operator shall submit a new registration statement at least 90 days before the expiration date of the existing general permit, unless permission for a later date has been granted by the board. The board shall not grant permission for registration statements to be submitted later than the expiration date of the existing general permit. N. Effect of a state permit. This general permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infringement of federal, state or local law or regulations. O. State law. Nothing in this general permit shall be construed to preclude the institution of any legal action under, or relieve the operator from any responsibilities, liabilities, or penalties established pursuant to any other state law or regulation or under authority preserved by 510 of the Clean Water Act. Except as provided in general permit conditions on "bypassing" (Part III U) and "upset" (Part III V), nothing in this general permit shall be construed to relieve the operator from civil and criminal penalties for noncompliance. P. Oil and hazardous substance liability. Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the operator from any responsibilities, liabilities, or penalties to which the operator is or may be subject under :14 through :23 of the State Water Control Law or 311 of the Clean Water Act. Q. Proper operation and maintenance. The operator 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 operator to achieve compliance with the conditions of this general 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 operator only when the operation is necessary to achieve compliance with the conditions of this general permit. R. Disposal of solids or sludges. Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering surface waters and in compliance with all applicable state and federal laws and regulations. S. Duty to mitigate. The operator shall take all steps to minimize or prevent any discharge in violation of this general permit that has a reasonable likelihood of adversely affecting human health or the environment. T. Need to halt or reduce activity not a defense. It shall not be a defense for an operator 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 general permit. U. Bypass. 1. "Bypass," as defined in 9VAC , means the intentional diversion of waste streams from any portion of a treatment facility. The operator may allow any bypass to occur that does not cause effluent limitations to be exceeded, but only if it also is for Page 27 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

202 essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Part III U 2 and Notice. a. Anticipated bypass. If the operator knows in advance of the need for a bypass, the operator shall submit prior notice to the department, if possible at least 10 days before the date of the bypass. b. Unanticipated bypass. The operator shall submit notice of an unanticipated bypass as required in Part III I. 3. Prohibition of bypass. a. Except as provided in Part III U 1, bypass is prohibited, and the board or department may take enforcement action against an operator for bypass unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production; (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 that occurred during normal periods of equipment downtime or preventive maintenance; and (3) The operator submitted notices as required under Part III U 2. b. The department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the three conditions listed in Part III U 3 a. V. Upset. 1. An "upset," as defined in 9VAC , means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based state permit effluent limitations because of factors beyond the reasonable control of the operator. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 2. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based state permit effluent limitations if the requirements of Part III V 4 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. 3. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 4. An operator 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 operator can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; Page 28 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

203 c. The operator submitted notice of the upset as required in Part III I; and d. The operator complied with any remedial measures required under Part III S. 5. In any enforcement proceeding, the operator seeking to establish the occurrence of an upset has the burden of proof. W. Inspection and entry. The operator shall allow the department as the board's designee, the VSMP authority, EPA, or an authorized representative of either entity (including an authorized contractor), upon presentation of credentials and other documents as may be required by law to: 1. Enter upon the operator's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; 3. Inspect and photograph at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and 4. Sample or monitor at reasonable times, for the purposes of ensuring state permit compliance or as otherwise authorized by the Clean Water Act or the Virginia Stormwater Management Act, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. State permit actions. State permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the operator for a state permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any state permit condition. Y. Transfer of state permits. 1. State permits are not transferable to any person except after notice to the department. Except as provided in Part III Y 2, a state permit may be transferred by the operator to a new operator only if the state permit has been modified or revoked and reissued, or a minor modification made, to identify the new operator and incorporate such other requirements as may be necessary under the Virginia Stormwater Management Act and the Clean Water Act. 2. As an alternative to transfers under Part III Y 1, this state permit may be automatically transferred to a new operator if: a. The current operator 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 operators containing a specific date for transfer of state permit responsibility, coverage, and liability between them; and c. The department does not notify the existing operator and the proposed new operator of its intent to modify or revoke and reissue the state permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part III Y 2 b. 3. For ongoing construction activity involving a change of operator, the new operator shall accept and maintain the existing SWPPP, or prepare and implement a new SWPPP prior to taking over operations at the site. Page 29 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

204 Z. Severability. The provisions of this general permit are severable, and if any provision of this general permit or the application of any provision of this state permit to any circumstance, is held invalid, the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. 9VAC (Repealed.) 9VAC (Repealed.) 9VAC (Repealed.) 9VAC (Repealed.) 9VAC (Repealed.) 9VAC (Repealed.) 9VAC Delegation of authority. The director, or his designee, may perform any act of the board provided under this chapter, except as limited by of the Code of Virginia. FORMS (9VAC25-880) Department of Environmental Quality Construction Activity Operator Permit Fee Form (rev. 01/2014) Notice of Termination - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Registration Statement - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Transfer Agreement - General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (rev. 01/2014) Page 30 of 30 9VAC (adopted 12/17/ published 2/24/ effective 7/1/2014)

205 Notice of Termination General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) 1. Construction Activity Operator: Name: Contact: Mailing Address: (Please Type of Print All Information) City: State: Zip: Phone: address (if available): 2. Name and Location of the Construction Activity: (As listed on the Registration Statement.) Name: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Longitude (decimal degrees): 3. General Permit Registration Number: 4. Reason for Terminating Coverage Under the General Permit: (The operator shall submit a Notice of Termination after one or more of the following conditions have been met.) A. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long-term responsibility and maintenance requirements for permanent control measures shall be recorded in the local land records prior to the submission of a notice of termination; B. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; C. Coverage under an alternative VPDES or state permit has been obtained; or D. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. The notice of termination should be submitted no later than 30 days after one of the above conditions being met. Authorization to discharge terminates at midnight on the date that the notice of termination is submitted for the conditions set forth in subsections B through D above, unless otherwise notified by the VSMP authority or the Department. Termination of authorizations to discharge for the conditions set forth in subsection A above shall be effective upon notification from the Department that the provisions of subsection A have been met or 60 days after submittal of the notice of terminations, whichever occurs first. 5. Permanent Control Measures Installed: (When applicable, a list of the on-site and off-site permanent control measures (both structural and nonstructural) that were installed to comply with the stormwater management technical criteria. Attach a separate list if additional space is needed.) Permanent Control Measure #1 Type of Permanent Control Measure: Date Functional: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Longitude (decimal degrees): Receiving Water: Total Acres Treated: Impervious Acres Treated: 01/2014 Page 1 of 2

206 Permanent Control Measure #2 Type of Permanent Control Measure: Date Functional: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Longitude (decimal degrees): Receiving Water: Total Acres Treated: Impervious Acres Treated: Permanent Control Measure #3 Type of Permanent Control Measure: Date Functional: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Longitude (decimal degrees): Receiving Water: Total Acres Treated: Impervious Acres Treated: 6. Participation in a Regional Stormwater Management Plan: (When applicable, information related to the participation in a regional stormwater management plan. Attach a separate list if additional space is needed.) Regional Stormwater Management Facility Type of Regional Stormwater Management Facility: Address (if available): City: State: Zip: County (if not located within a City): Latitude (decimal degrees): Total Site Acres Treated: Longitude (decimal degrees): Impervious Site Acres Treated: 7. Perpetual Nutrient Credits: (When applicable, information related to perpetual nutrient credits that were acquired in accordance with :35 of the Code of Virginia. Attach a separate list if additional space is needed.) Nonpoint Nutrient Credit Generating Entity Name: Perpetual Nutrient Credits Acquired (lbs/acre/year): 8. Certification: "I certify under penalty of law that I have read and understand this Notice of Termination and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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." Printed Name: Signature: Title: Date: (Please sign in INK. This Certification must be signed by the appropriate person associated with the operator identified in Item #1.) 01/2014 Page 2 of 2

207 Instructions for Completing the Notice of Termination General VDPES Permit for Discharges of Stormwater from Construction Activities (VAR10) GENERAL A Notice of Termination must be submitted when an operator no longer wishes to be covered under the General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10). All Notice of Terminations should be submitted to: Department of Environmental Quality Office of Stormwater Management, 10 th Floor P.O. Box 1105 Richmond, VA LINE-BY-LINE INSTRUCTIONS Item 1: Construction Activity Operator Information. Provide the legal name (do not use a colloquial name), contact, mailing address, telephone number, and address (if available) of the construction activity operator that was issued general permit coverage. Item 2: Name and Location of the Construction Activity Information. Provide the official name, street address (if available), city or county (if not located within a City) of the construction activity. Also, provide the latitude and longitude in decimal degrees of the approximate center of the construction activity (e.g., N , W ). NOTE: This information can be obtained from the previously submitted Registration Statement. Item 3: General Permit Registration Number. Provide the existing general permit registration number for the construction activity identified in Item 2. Item 4: Reason for Termination. Indicate the appropriate reason for submitting this Notice of Termination. The Notice of Termination may only be submitted after one or more of the following conditions have been met: a. Necessary permanent control measures included in the SWPPP for the site are in place and functioning effectively and final stabilization has been achieved on all portions of the site for which the operator is responsible. When applicable, long-term responsibility and maintenance requirements for permanent control measures shall be recorded in the local land records prior to the submission of a notice of termination; b. Another operator has assumed control over all areas of the site that have not been finally stabilized and obtained coverage for the ongoing discharge; c. Coverage under an alternative VPDES or state permit has been obtained; or d. For residential construction only, temporary soil stabilization has been completed and the residence has been transferred to the homeowner. The Notice of Termination should be submitted no later than 30 days after one of the above conditions being met. b. The date that the permanent control measure became functional as a post-development stormwater management control; c. The street address (if available), City or County (if not located within a City) of the permanent control measure; d. The latitude and longitude in decimal degrees of the approximate center of the permanent control measure; e. The receiving water of the permanent control measure; and f. The number of total and impervious acres treated by the permanent control measure (to the nearest one-tenth of an acre). Attach a separate list if additional space is needed. Item 6: Participation in a Regional Stormwater Management Plan (when applicable). For each Regional Stormwater Management Facility provide the following information: a. The type of regional facility to which the site contributes; b. The street address (if available), City or County (if not located within a City) of the regional facility; c. The latitude and longitude in decimal degrees of the approximate center of the regional facility; and d. The number of total and impervious site acres treated by the regional facility (to the nearest one-tenth of an acre). Attach a separate list if additional space is needed. Item 7: Perpetual Nutrient Credits (when applicable). Provide the following information related to perpetual nutrient credits that were acquired in accordance with :35 of the Code of Virginia: a. The name of the nonpoint nutrient credit generating entity from which perpetual nutrient credits were acquired; and b. The number of perpetual nutrient credits acquired (lbs. per acre per year). Attach a separate list if additional space is needed. Item 8: Certification. A properly authorized individual associated with the operator identified in Item 1 of the Registration Statement is responsible for certifying and signing the Registration Statement. Please sign the Registration Statement in INK. State statutes provide for severe penalties for submitting false information on the Registration Statement. State regulations require that the Registration Statement be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this part, a responsible corporate officer means: Item 5: Permanent Control Measures (when applicable). For each on-site and off-site permanent control measure (both structural and non-structural) that was installed to comply with the stormwater management technical criteria provide the following information: a. The type of permanent control measure; (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated 01/2014 Page 1 of 2

208 facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively. c. For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this part, 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. 01/2014 Page 2 of 2

209 Transfer of Ownership Agreement Form General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10) (Please Type or Print All Information) Instructions: This agreement form must be signed in INK by properly authorized individuals as specified in the General VPDES Permit for Stormwater Discharges from Construction Activities (VAR10), Part III K (Signatory Requirements). Please retain a copy of this agreement form for your records. Mail the original agreement form to: Department of Environmental Quality Office of Stormwater Management, 10th Floor P.O. Box 1105 Richmond, VA General Permit Registration Number: Date of Transfer (mm/dd/yyyy): Construction Activity Name: CURRENT CONSTRUCTION ACTIVITY OPERATOR: Name: Contact: Mailing Address: City: State: Zip: Phone: Address (if available): I (We) hereby agree to the transfer of ownership modification to the referenced General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10). Printed Name: Signature: Title: Date: NEW CONSTRUCTION ACTIVITY OPERATOR: Name: Contact: Mailing Address: City: State: Zip: Phone: Address (if available): Indicate if DEQ may transmit general permit correspondence electronically: Yes No I (We) hereby agree to the change of ownership modification to the referenced General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10), and agree to accept all responsibility, coverage, and liability of the general permit. Printed Name: Signature: Title: Date: 01/2014 Page 1 of 1

210 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name SINGLE FAMILY RESIDENCE COMMON PLAN of DEVELOPMENT or SALE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) For Construction Activities At: Insert Project/Site Name Insert Project/Site Location & Address Insert City, State, Zip Code Latitude:. N (decimal degrees) Longitude:. W (decimal degrees) Construction Activity Operator: Insert Company/Organization Name Insert Name Insert Address Insert City, State, Zip Code Insert Telephone Number Insert Address Insert 24-hour Emergency Contact SWPPP Preparation Date: Insert Month, Day, Year CERTIFICATION I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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. Operator Name: Title: Signature: Date: 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

211 1.0 SWPPP Documents Located Onsite & Available for Review STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name SWPPP Document Type Located Onsite & Available for Review? Registration Statement Yes NA Notice of Coverage Letter Yes NA Construction General Permit Yes NA Site Plan Yes NA Erosion & Sediment Control Plan (or agreement in lieu of) Yes NA Stormwater Management Plan (or agreement in lieu of) Yes NA 2.0 Authorized Non-Stormwater Discharges Type of Authorized Non-Stormwater Discharge Likely Present at Your Project Site? External buildings wash down Yes No Uncontaminated foundation or footing drains Yes No Uncontaminated excavation dewatering Yes No Landscape irrigation Yes No Others [describe] Yes No 3.0 Pollution Prevention Awareness Employees will be given a walk through of the site identifying areas of possible pollution and will be shown Erosion and Sediment Controls and Pollution Prevention Practices (identified in Sections 4.0 and 5.0 of this SWPPP) that are applicable to their assigned job duties. A refresher meeting and walk through will be conducted on an as needed basis. 4.0 Erosion & Sediment Controls Select all that apply Erosion & Sediment Control Construction Entrance (Std. & Spec. 3.02) Silt Fence (Std. & Spec. 3.05) Culvert Inlet Protection (Std. & Spec. 3.08) Outlet Protection (Std. & Spec. 3.18) Temporary Seeding (Std. & Spec. 3.31) Permanent Seeding (Std. & Spec. 3.32) Sodding (Std. & Spec. 3.33) Mulching (Std. & Spec. 3.35) Estimated Installation Date Insert Date Insert Date Insert Date Insert Date As required by 3.31 Insert Date Insert Date Insert Date Estimated Removal Date Insert Date Insert Date Insert Date Others [describe] Insert Date Insert Date NA NA NA NA NA Responsible Party Construction Activity Operator (See Cover Page of this SWPPP) 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

212 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name 5.0 Potential Sources of Pollution & Pollution Prevention Practices Pollutants Pollutant-Generating Activity Clearing, grading, excavating, and un-stabilized areas Likely Present at your Project Site? Sediment Nutrients Heavy Metals ph (acids and bases) Pesticides & Herbicides Oil & Grease Bacteria & Viruses Trash, Debris, Solids Other Toxic Chemicals Pollution Prevention Practice Yes No X X (1) Responsible Party Paving operations Yes No X X X (2) Concrete washout and cement waste Structure construction, stucco, painting, and cleaning Yes No X X X (3) Yes No X X X X (4) Dewatering operations Yes No X X X (5) Material delivery and storage Yes No X X X X X X X (6) Material use during building process Yes No X X X X X X (7) Construction Activity Operator (See Cover Page of this SWPPP) Solid waste disposal Yes No X X (8) Sanitary waste Yes No X X X (9) Landscaping operations Yes No X X X X X (10) Others [describe] Yes No [X] [X] [X] [X] [X] [X] [X] [X] [X] (11) 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

213 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name Pollution Prevention Practices: (1) Clearing, grading, excavating and un-stabilized areas Utilize erosion and sediment controls to prevent sediment laden or turbid runoff from leaving the construction site. Dispose of clearing debris at acceptable disposal sites. Apply permanent or temporary stabilization, sodding and/or mulching to denuded areas in accordance with the erosion and sediment control specifications and the general VPDES permit for discharges of stormwater from construction activities. (2) Paving operations Cover storm drain inlets during paving operations and utilize pollution prevention materials such as drip pans and absorbent/oil dry for all paving machines to limit leaks and spills of paving materials and fluids. (3) Concrete washout and cement waste Direct concrete wash water into a leak-proof container or leak-proof settling basin that is designed so that no overflows can occur due to inadequate sizing or precipitation. Hardened concrete wastes shall be removed and disposed of in a manner consistent with the handling of other construction wastes. (4) Structure construction, stucco, painting and cleaning Enclose, cover or berm building material storage areas if susceptible to contaminated stormwater runoff. Conduct painting operations consistent with local air quality and OSHA regulations. Mix paint indoors, in a containment area or in a flat unpaved area. Prevent the discharge of soaps, solvents, detergents and wash water from construction materials, including the clean-up of stucco paint, form release oils and curing compounds. (5) Dewatering operations Construction site dewatering from building footings or other sources may not be discharged without treatment. Sediment laden or turbid water shall be filtered, settled or similarly treated prior to discharge. (6) Material delivery and storage Designate areas of the construction site for material delivery and storage. Place near construction entrances, away from waterways, and avoid transport near drainage paths or waterways. (7) Material use during building process Use materials only where and when needed to complete the construction activity. Follow manufacturer s instructions regarding uses, protective equipment, ventilation, flammability and mixing of chemicals. (8) Solid waste disposal Designate a waste collection area on the construction site that does not receive a substantial amount of runoff from upland areas and does not drain directly to a waterway. Ensure that containers have lids so they can be covered before periods of rain, and keep containers in a covered area whenever possible. Schedule waste collection to prevent the containers from overfilling. (9) Sanitary waste Prevent the discharge of sanitary waste by providing convenient and well-maintained portable sanitary facilities. Locate sanitary facilities in a convenient location away from waterways. (10) Landscaping operations Maintain as much existing vegetation as practicable. Apply permanent or temporary stabilization, sodding and/or mulching to denuded areas in accordance with the erosion and sediment control specifications and the general VPDES permit for discharges of stormwater from construction activities. Apply nutrients in accordance with manufacturer s recommendations and not during rainfall events. (11) Others If applicable, describe your Pollution Prevention Practice. 6.0 Stormwater Management Controls Select all that apply Stormwater Management Control Estimated Installation Date Responsible Party Post-development Stormwater Management Controls provided by a Larger Common Plan of Development or Sale NA Common Plan Construction Activity Operator Rooftop Disconnection Insert Date Sheetflow to Vegetated Filter (1 or 2) Grass Channel Rainwater Harvesting Insert Date Insert Date Insert Date Construction Activity Operator (See Cover Page of this SWPPP) Permeable Pavement (1 or 2) Insert Date 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

214 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name Select all that apply Stormwater Management Control Estimated Installation Date Responsible Party Infiltration (1 or 2) Bioretention (1 or 2) Others [describe] Insert Date Insert Date Insert Date Construction Activity Operator (See Cover Page of this SWPPP) 7.0 Spill Prevention & Response Most spills can be cleaned up following manufacturer specifications. Absorbent/oil dry, sealable containers, plastic bags, and shovels/brooms are suggested minimum spill response items that should be available at this location. 1 st Priority: Protect all people 2 nd Priority: Protect equipment and property 3 rd Priority: Protect the environment 1. Check for hazards (flammable material, noxious fumes, cause of spill) if flammable liquid, turn off engines and nearby electrical equipment. If serious hazards are present leave the area and call 911. LARGE SPILLS ARE LIKELY TO PRESENT A HAZARD. 2. Make Sure the spill area is safe to enter and that it does not pose an immediate threat to health or safety of any person. 3. Stop the spill source. 4. Call co-workers and supervisor for assistance and to make them aware of the spill and potential dangers. 5. If possible, stop spill from entering drains (use absorbent or other material as necessary). 6. Stop spill from spreading (use absorbent or other material) 7. If spilled material has entered a storm sewer; contact locality s storm water department. 8. Clean up spilled material according to manufacturer specifications, for liquid spills use absorbent materials and do not flush area with water. 9. Properly dispose of cleaning materials and used absorbent material according to manufacturer specifications. Emergency Contacts: Normal Working Hours DEQ Blue Ridge Regional Office (Roanoke) DEQ Blue Ridge Regional Office (Lynchburg) DEQ Northern Regional Office DEQ Piedmont Regional Office DEQ Southwest Regional Office DEQ Tidewater Regional Office DEQ Valley Regional Office Nights, Holidays & Weekends VA Dept. of Emergency Management Hour Reporting Service Local Contacts Local Fire Department Local Police Department Insert Telephone Number Insert Telephone Number 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

215 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name 8.0 Inspections & Corrective Action Log (make additional copies as necessary) Qualified Inspector Company/Organization: Name: Telephone Number: Qualifications: Insert Company/Organization Name Insert Name Insert Telephone Number Insert Qualifications Inspection Schedule Discharges to surface waters: Once every 5 business days; or Once every 10 business days and no later than 48 hours following a measurable storm event. Discharges to impaired waters, surface waters within a TMDL watershed, or exceptional waters: Once every 4 business days; or Once every 5 business days and no later than 48 hours following a measurable storm event. Inspection Date Measurable Storm Event Insert Inspection Date Insert Date & Rainfall Amount of Last Measurable Storm Event (if applicable) Best Management Practices (BMPs) In Compliance with SWPPP? Corrective Action Needed; Responsible Party Date Corrective Action Taken Erosion & Sediment Controls (Section 4.0) Yes No Pollution Prevention Practices (Section 5.0) Yes No Stormwater Management Controls (Section 6.0) Yes NA No Certification I certify under penalty of law that I have read and understand this document and that this document and all attachments were prepared in accordance with a system designed to assure that qualified personnel properly gathered and evaluated 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. Operator Name: Signature: Date: Inspector Name: Signature: Date: 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

216 STORMWATER POLLUTION PREVENTION PLAN Insert Project/Site Name 9.0 Grading & Stabilization Activities Log Date Grading Activity Initiated Description of the Grading Activity (including location) Date Grading Activity Ceased Date Stabilization Measures Initiated Description of the Stabilization Measure (including location) 10.0 SWPPP Modification & Update Log Modification Date Description of the Modification / Update Modification Prepared By (name & title) 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

217 INSTRUCTIONS for COMPLETING the SINGE FAMILY RESIDENCE, COMMON PLAN of DEVELOPMENT or SALE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) General A Stormwater Pollution Prevention Plan (SWPPP) must be developed prior to obtaining locality (e.g., City, County, Town) authorization to commence land disturbance. Cover Page For a construction activity, enter the project/site name and physical address (if available), including city (or town), state and zip code. Enter the latitude and longitude in decimal degrees of the construction activity. Enter the Construction Activity Operator s company/organization name, the Operator s name and mailing address, including city (or town), state, and zip code, telephone number, address (if available), and a 24-hour emergency contact. Enter the SWPPP preparation date. The Construction Activity Operator identified on the cover page of the SWPPP is responsible for certifying the information contained therein. Please sign the certification in INK. Please note that state statues require the SWPPP to be signed as follows: (1) For a corporation: by a responsible corporate officer; (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. Section 1.0 SWPPP Documents Located Onsite & Available for Review Utilize the provided checklist to ensure that the required SWPPP documents are located onsite and are available for review, if applicable. Section 2.0 Authorized Non-Stormwater Discharges Identify the authorized non-stormwater discharges likely to be present at the project site. If an unlisted authorized non-stormwater discharge is likely to be present at the project site, provide it here. Section 3.0 Pollution Prevention Awareness Provide employees with a walk through of the project site and identify areas of possible pollution, erosion and sediment controls, and pollution prevention practices which are applicable to their assigned job duties. Conduct refresher meetings and perform additional walk throughs on an as needed basis. Section 4.0 Erosion & Sediment Controls Identify the erosion and sediment controls to be implemented at the project site. For each erosion and sediment control, enter the estimated installation date and estimated removal date. If an unlisted erosion and sediment control will be implemented at the project site, provide the applicable information here. Section 5.0 Potential Sources of Pollution & Pollution Prevention Practices Identify the pollutant-generating activities likely to be present at the project site; implement and maintain the corresponding pollution prevention practices. If an unlisted pollutant-generating activity is likely to be present at the project site, describe it, identify the associated pollutant(s), and provide the corresponding pollution prevention practice(s) to be implemented and maintained. Section 6.0 Stormwater Management Controls Identify the stormwater management controls to be implemented at the project site, if applicable. For each stormwater management control, enter the estimated installation date. If an unlisted stormwater management control will be implemented at the project site, provide the applicable information here. Section 7.0 Spill Prevention & Response Most spills can be cleaned up following manufacturer specifications. The priority should be to protect all people, equipment, property, and the environment. Enter the telephone number of your local fire and police departments. Section 8.0 Inspections & Corrective Action Log Enter the qualified inspector s company/organization name, the inspector s name, telephone number, and qualifications. Select the applicable inspection schedule, enter the construction activity inspection date, and enter the date and rainfall amount of the last measurable storm event (if applicable). Identify if the implemented best management practices are in compliance with the SWPPP. Enter corrective actions needed; the party responsible for implementing the corrective actions, and the date corrective actions were taken, if applicable. Make additional copies of the inspection and corrective action log as necessary. Section 9.0 Grading & Stabilization Activities Log Enter the date grading activities were initiated, a description of the grading activities including location, the date grading activities ceased, the date stabilization measures were initiated, and a description of the stabilization measures including location. Section 10.0 SWPPP Modification & Update Log Enter the SWPPP modification date, description of the SWPPP modification/update, and the name and title of the SWPPP modification preparer, if applicable. 07/2014, Rev. 1 Single Family Residence, CPoD, SWPPP

218 EASEMENT AND MAINTENANCE AGREEMENT PREPARED BY AND AFTER RECORDING RETURN TO: City of Richmond, Department of Public Utilities Attn: Director of Department of Public Utilities 730 E. Broad Street, 6 th Floor Richmond, Virginia CITY OF RICHMOND, VIRGINIA TAX MAP NO: THIS EASEMENT AND MAINTENANCE AGREEMENT is made as of the day of, 2015 by (the "Owner") and the CITY OF RICHMOND, VIRGINIA (the "City"). RECITALS WHEREAS, is the Owner of that acre parcel of land located at in Richmond, Virginia, and described as in the deed recorded at the Richmond Circuit Court Clerk s Office in Deed Book at Page, and/or as instrument # (the "Property") and WHEREAS, a Easement Plat prepared by, dated, and entitled has been approved or submitted for approval by the City (the "Plat") and WHEREAS, the Plat provides for a stormwater management facility and other drainage measures and improvements within the confines of the property (the Facilities") the description of work as follows and WHEREAS, the City requires that the Facilities as shown on the Plat be constructed and adequately maintained by the Owner; NOW THEREFORE, in consideration of the obligations mutually undertaken herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. This Agreement shall be binding on the parties, their administrators, executors, successors, heirs, assigns and agents. 2. Indefinitely and at all times, the Facilities as shown on the Plat shall be maintained in good working order acceptable to the City. 3. The inspection and maintenance of the Facilities shall be performed following the guidance provided in the latest edition of the Virginia Stormwater Management Handbook or at the Virginia Stormwater BMP Clearinghouse web site. 4. The Owner hereby grants, bargains and conveys to the City an easement over the Property to take whatever steps it deems necessary to maintain the Facilities. This easement may only be exercised by the City in the event that the Owner fails to correct defects or does not commence action necessary to correct any defects to the good working order of the Facilities within fourteen (14) days after written notice of such defects to Owner. 5. In the event Owner fails to correct any defects or commence the correction of such defects to the good working order of the Facilities within fourteen (14) days after written notice of such defects to Owner, the City may enter upon the Property and take whatever steps it deems necessary to maintain said Facilities. Page 1 of 3 3/10/15 edition