Recycling And The New Virginia Stormwater Management Program Regulations VIRGINIA RECYCLING ASSOCIATION 2014 ANNUAL CONFERENCE

Recycling And The New Virginia Stormwater Management Program Regulations VIRGINIA RECYCLING ASSOCIATION 2014 ANNUAL CONFERENCE

Agenda Overview of regulatory program Specific guidance on: Mulching Composting Recycling Questions and Answers

The Regulatory Framework 9VAC25-151 Industrial Stormwater General Permit (VPDES) 9VAC25-840 Erosion and Sediment Control Regulations 9VAC25-870 Virginia Stormwater Management Program 9VAC25-880 General Permit for Discharges of Stormwater from Construction Activities 9VAC25-890 General Permit for Discharge of Stormwater from small MS4s

Industrial Stormwater General Permit USEPA 1990 - Federal program (11 industrial activities) DEQ DEQ regulates and permits stormwater runoff from industries by sector (30 sectors) Owner Submits registration statement and fee DEQ Reviews and issues permit Owner Implements program monitoring and reporting

Why Is this Such a Hot Topic? New Regulations go into effect 7/1/2014. REGISTRATION STATEMENTS ARE DUE NOW! Changes to Sector Specific Monitoring Specific References Mulch and Compost Addition of the Chesapeake Bay Requirements

KEY DATES REGISTRATION Existing permits: May 2, 2014 Late registration up to: June 30, 2014 Effective date of general permit: July 1, 2014 (but permit issuance may be delayed) Permit term (5 years): June 30, 2019 Fees: $500

KEY DATES SWPPP Preparation Existing permits: Owner shall review and update the SWPPP within 90 days of coverage under the permit. New facilities: Owner shall prepare and implement a written SWPPP for the facility prior to submitting the registration statement.

HOW DO I KNOW IF I NEED A PERMIT? Identified by definition Identified industry with storm water discharge in contact with operations. Facilities classified as SIC 24 and SIC 28 (Compost Facilities involved in the recycling of materials (SIC Codes 5015 and 5093)

HOW DO I KNOW IF I NEED A PERMIT? Identified by definition activities: Metal scrap yards Salvage yards Battery reclaimers, Automobile junk yards recycling

HOW DO I KNOW IF I NEED A PERMIT? Identified by Sector Sector A: Timber Products Wood, mulch and bark facilities (SIC 2499) Sector C: Chemical and Allied Products Composting facilities (SIC 2875) Sector N: Scrap Recycling Facilities (SIC 5093) Sector M: Automobile Salvage Yards (SIC 5015) - Not Discussed Today

HOW DO I KNOW IF I NEED A PERMIT? Sector N: Scrap Recycling Facilities (SIC 5093) Partial List Scrap and waste materials Waste paper and cloth materials Boxes, waste and waste paper Metal scrap and waste materials Ferrous metal and non-ferrous scrap Bottle, waste Plastics, scrap Lumber, scrap Oil, waste Junk and scrap

HOW DO I KNOW IF I NEED A PERMIT? By regulation (9VAC25-151-210) Industrial activities including: Facilities engaged in the processing, reclaiming, and wholesale distribution of scrap and waste materials such as ferrous and nonferrous metals, paper, plastic, cardboard, glass, animal hides; and Facilities engaged in reclaiming and recycling of liquid wastes.

HOW DO I KNOW IF I NEED A PERMIT? By regulation (9VAC25-151-210) Separate permit requirements established for recycling facilities that receive ONLY source separated recyclable materials primarily from nonindustrial and residential sources. (e.g. common consumer products including paper, newspaper, glass, cardboard, plastic containers, aluminum and tin cans.)

HOW DO I KNOW IF I NEED A PERMIT? Co-located facilities Determination of Primary Industrial Activity Facilities with co-located industrial activities onsite shall: Comply with all applicable effluent limitations. Include description, special conditions etc. in SWPPP.

HOW DO I KNOW IF I NEED A PERMIT? No-exposure facilities All industrial materials or activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, or runoff. Any owner who becomes eligible for a no certification. A no exposure certification must be submitted to the DEQ once every five years.

GENERAL PROGRAM REQUIREMENTS SUMMARY Preparation and implementation of Storm water Pollution Prevention Plan (SWPPP) Inspections Monitoring and reporting Corrective action

STORM WATER POLLUTION PREVENTION PLAN ALL INDUSTRIAL ACTIVITIES Pollution prevention team Site description including activities Summary of potential pollutant sources Sampling and monitoring program Storm water controls. Routine facility inspections Sector specific information or information for co-located activities

STORM WATER POLLUTION PREVENTION PLAN MULCHING FACILITIES SWPPP must address: Good housekeeping in storage areas, loading and unloading areas, and material handling areas specifically: Limit the discharge from wood debris; Minimize the leachate generated from decaying wood materials; and Minimize the generation of dust. Monthly inspections

STORM WATER POLLUTION PREVENTION PLAN MULCH DYEING OPERATIONS Discharge of wet dye drippings from mulch dyeing operations are prohibited. SWPPP must specifically address control measures to prevent the discharge of wet dye drippings and to prevent seepage of pollutants to groundwater.

STORM WATER POLLUTION PREVENTION PLAN RECYCLING FACILITIES SOURCE SEPARATED MATERIALS (NON-INDUSTRIAL AND RESIDENTIAL) SWPPP must address: Inbound recyclable material control Outdoor storage Indoor storage and material processing Vehicle and equipment maintenance

RECYCLING OPERATIONS INBOUND MATERIAL CONTROL Options: Provide information and education measures to suppliers of recyclable materials; Describe training measures for collection drivers; Mark public drop-off containers; Reject non-recyclable materials or HHW at source; Establish procedures to handle non-recyclables.

RECYCLING OPERATIONS OUTDOOR STORAGE Options: Totally-enclosed drop-off containers for the public; Sump and pump at containment pits treat or discharge fluids; Dikes and curbs for secondary containment; Divert surface water; Covers on containment bins, dumpsters, roll-offs; and/or

RECYCLING OPERATIONS INDOOR STORAGE AND PROCESSING Options: Schedule routine good housekeeping measures; Prohibit discharge of tipping floor wash waters to storm sewer system; and/or Provide employee training on pollution prevention practices.

RECYCLING OPERATIONS VEHICLE & EQUIPMENT MAINTENANCE Options: Prohibit wash water from discharging to storm sewer system; Minimize outdoor maintenance areas; Establish spill prevention and clean-up procedures; Divert runoff from maintenance or fueling areas; Store lubricants and hydraulic fluids indoors; and/or Provide employee training

Industrial Stormwater General Permit MONITORING REQUIREMENTS: Visual Benchmark Effluent Discharges to impaired waters w/o TMDL Discharges to impaired waters w/ TMDL Chesapeake Bay Watershed Quarterly Semi annual* Semi annual* Semi annual* Semi annual First two years* * New monitoring frequency

Industrial Stormwater General Permit SAMPLING: Measurable storm event; 72 hours since previous event. Sample within first 30 minutes, if practical. Samples may be taken during the first three hours of the discharge. (formerly 1 hour) Labs must meet Virginia Environmental Laboratory Accreditation Program (VELAP) Representative outfalls can be considered.

Industrial Stormwater General Permit REPORTING Submit results on a DMR by January 10 and July 10 to DEQ. If discharging to MS4, submit to MS4. Visual monitoring kept with SWPPP.

Industrial Stormwater General Permit BENCHMARK PARAMETERS SECTOR Mulch Mulch dyeing operations Composting Scrap recycling TSS, BOD PARAMETER TSS, BOD, COD, aluminum, arsenic, cadmium, chromium, copper, iron, lead, manganese, mercury, nickel, selenium, silver, zinc, Total N, Total P TSS, BOD, COD, ammonia, Total N, Total P TSS, aluminum, cadmium, chromium, copper, iron, lead, zinc

Industrial Stormwater General Permit Benchmark for Mulch Dyeing Operations Monitor processing, loading, transporting and storage operation outfalls. Benchmark monitoring waivers - available if the dye does not contain the specified parameter(s) provided that: 1. One event required; parameter below quantitation level; 2. Waiver request is submitted and approved by DEQ; and 3. Certification statement is submitted annually that dye does not contain waived parameter.

Industrial Stormwater General Permit BENCHMARK LIMITS SECTOR PARAMETER NUMERICAL LIMITS Mulch non dyeing BOD 30 mg/l operations only TSS 100 mg/l Composting TSS 100 mg/l BOD 30 mg/l COD 120 mg/l Ammonia 2.14 mg/l Total N 2.2 mg/l Total P 2.0 mg/l

Industrial Stormwater General Permit BENCHMARK LIMITS SECTOR PARAMETER NUMERICAL LIMITS TSS 100 mg/l Scrap recycling source separated* Aluminum Cadmium Chromium Copper Iron Lead Zinc 750 ug/l 2.1 ug/l 16 ug/l 18 ug/l 1.0 mg/l 120 ug/l 120 ug/l *Metals monitoring for specific metals received.

Industrial Stormwater General Permit IF YOU EXCEED A LIMIT: Benchmark monitoring Immediately - Consider source natural background. 30 days - Review SWPPP and modify. 60 days - Implement corrective measures. < 3 years Complete construction. Temporary controls required. Provide Schedule in SWPPP Document actions in SWPPP

Industrial Stormwater General Permit FACILITIES IN THE CHESAPEAKE BAY WATERSHED (New requirements)

Chesapeake Bay

Chesapeake Bay BASELINE MONITORING (Part I TSS, Total Nitrogen and Total Phosphorus. B.7): Sample during first four monitoring periods (first two years of permit coverage). Existing facilities may use data from the last two monitoring periods of 2009 permit and the first two monitoring events of 2014 permit. Information to be used to assess information submitted to EPA. Data must be analyzed and compared against loading values in regulations.

Chesapeake Bay BASELINE MONITORING : If loading value exceeded, a TMDL Action Plan must be submitted. Plan must be submitted within 90 days from the end of the second by 9/28/16. Implementation of plan over the remaining term of the permit to achieve all the necessary reductions by 6/30/24. If plan required, an annual report is required by June 30 th of each year.

Chesapeake Bay EXPANSIONS TO EXISTING FACILITY: Waste loads cannot exceed nutrient and sediment loadings before land developed Documentation included in SWPPP. May use VSMP water quality design criteria. Non-industrial land can be considered to comply with no net increase. Pollutant trading or offsets can be considered.

Chesapeake Bay NEW FACILITIES: Criteria similar to expansion; but Documentation included with registration.

Additional Guidance from DEQ:

Determination of Primary Activity

Determination of Primary Activity DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014 When we look at a facility for determination of its need for a Stormwater permit, we look at the primary activity going on at the site. If it falls Stormwater Regulations, they need a permit if they have point source discharges to surface waters. We also look at the site to determine ALL the industrial activities that are going on at the facility. All the -

Industrial Stormwater General Permit MULCH OPERATIONS

Industrial Stormwater General Permit DEQ GUIDANCE: From: Linda Shultz 3/7/14 -located activities that might be helpful to clarify: The VPDES GP is based on the primary activity. For example, a transfer station or convenience center is not a covered sector (i.e., no VPDES permit required). If mulching is their secondary activity, and the primary activity does not require a GP, then no permit is required (unless DEQ determines they are causing a water quality problem to a receiving stream).

Industrial Stormwater General Permit DEQ GUIDANCE: From: Linda Shultz 3/7/14 co-located operations that fall under multiple sectors,( e.g., a landfill with mulching), the permit is based on the primary activity (Sector L - landfill), and the secondary activity (Sector A -mulching)

Industrial Stormwater General Permit DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, March 26, 2014 XXXXXXX Landfill, the mulching now is a co-located industrial activity that needs to be included in the landfill permit/swppp. When the landfill closes, whether they want to consider the mulching for permitting

Landfills Mulch - Compost DEQ GUIDANCE: From: Tuxford, Burton (DEQ) Sent: Wednesday, April 23, 2014 point under the re-issued industrial stormwater general permit. If the discharge is pure sheet flow (i.e., not concentrated/channelized in any way), that is fine. However, the discharges must still be controlled to ensure that they are not significant contributors of pollutants to the receiving stream, or causing a water quality problem. So, they still have to manage their stormwater

Industrial Stormwater General Permit COMPOST OPERATIONS

Industrial Stormwater General Permit DEQ GUIDANCE: COMPOSTING FACILITIES From: Linda Shultz 3/7/14 If there is zero discharge, a facility is exempt from the VPDES permit requirements and there is no filing necessary. Composting facilities are now specifically included under Sector C of the VPDES GP. They have always needed a permit (not all may have had them, though). It just was not clear in the past which Sector they fell under. As for yard waste composting facilities, the GP does not distinguish categories of composting. Unless they are classified as something other than SIC 2875, yard waste composting is grouped with other types of composting in the GP

Question 1 White goods are collected at the landfill (Sector L). Should this be addressed as a co-located, Sector N industrial operation in Yes No

Question 2 A MRF which receives, processes and stores all materials under cover requires a: ISWGP Sector N No-exposure certificate

Question 3 A MRF receives and stores incoming materials as well as processed materials outdoors without cover (e.g. cans, plastics). This facility requires a: ISWGP Sector N No-exposure certificate

Question 4 A mulch operation is located at a transfer station or convenience center. Does it need a ISWGP Sector A permit? Yes No

Questions And Answers