{"data":{"id":"us-va/9vac25-151-50","jurisdiction":"us-va","citation":"9VAC25-151-50","heading":"Authorization to discharge","body":"A. To be eligible to discharge under this permit, an owner must (i) have a stormwater discharge associated with industrial activity from the facility's primary industrial activity, as defined in 9VAC25-151-10 (Definitions), provided the primary industrial activity is included in Table 50-2 of this section; or (ii) be notified that discharges from the facility have been designated by the department for permitting under the provisions of 9VAC25-31-120 A 1 c or under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit Regulation and are eligible for coverage under Sector AD of this permit.\n\nAny owner governed by this general permit is hereby authorized to discharge stormwater associated with industrial activity, as defined in this chapter, to surface waters of the Commonwealth of Virginia provided that:\n\n1. The owner submits a registration statement in accordance with 9VAC25-151-60, and that registration statement is accepted by the department;\n\n2. The owner submits the required permit fee;\n\n3. The owner complies with the applicable requirements of 9VAC25-151-70 et seq.; and\n\n4. The department has not notified the owner that the discharge is ineligible for coverage in accordance with subsection B of this section.\n\nB. The department will notify an owner that the discharge is not eligible for coverage under this general permit in the event of any of the following:\n\n1. The owner is required to obtain an individual permit in accordance with 9VAC25-31-170 B 3 of the VPDES Permit Regulation;\n\n2. The owner is proposing to discharge to state waters specifically named in other board regulations that prohibit such discharges;\n\n3. The discharge violates or would violate the antidegradation policy in the Water Quality Standards at 9VAC25-260-30; or\n\n4. The discharge is not consistent with the assumptions and requirements of an approved TMDL. Virginia's Phase I Chesapeake Bay TMDL Watershed Implementation Plan (November 29, 2010) states that wasteloads for future growth for new facilities in the Chesapeake Bay watershed with industrial stormwater discharges cannot exceed the nutrient and sediment loadings that were discharged before the land being developed for the new industrial activity. For purposes of this permit regulation, facilities that begin construction after June 30, 2024, must be consistent with this requirement to be eligible for coverage under this general permit.\n\nC. Additional conditions.\n\n1. Facilities with colocated industrial activities on-site shall comply with all applicable effluent limitations, monitoring, and SWPPP requirements of each section of 9VAC25-151-70 et seq. in which a colocated industrial activity is described.\n\n2. Stormwater discharges associated with industrial activity that are mixed with other discharges ( i.e., stormwater and nonstormwater) requiring a VPDES permit are authorized by this permit, provided that the owner obtains coverage under this VPDES general permit for the industrial activity discharges and a VPDES general or individual permit for the other discharges. The owner shall comply with the terms and requirements of each permit that authorizes any component of the discharge.\n\n3. The stormwater discharges authorized by this permit may be combined with other sources of stormwater that are not required to be covered under a VPDES permit, so long as the combined discharge is in compliance with this permit.\n\n4. Authorized nonstormwater discharges. The following \"nonstormwater\" discharges are authorized by this permit:\n\na. Discharges from emergency firefighting activities or firefighting training activities managed in a manner to avoid an instream impact in accordance with § 9.1-207.1 of the Code of Virginia;\n\nb. Fire hydrant flushing, managed in a manner to avoid an instream impact;\n\nc. Potable water, including water line flushing, managed in a manner to avoid an instream impact;\n\nd. Uncontaminated condensate from air conditioners, coolers, and other compressors and from the outside storage of refrigerated gases or liquids;\n\ne. Irrigation drainage;\n\nf. Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling;\n\ng. Pavement washwaters, provided no soaps, solvents, detergents or hazardous cleaning products are used,  no spills or leaks of toxic or hazardous materials have occurred (unless all spilled or leaked material is removed prior to washing), and the washwater is filtered, settled, or similarly treated prior to discharge;\n\nh. Routine external building washdown, provided no soaps, solvents, or detergents are used, external building surfaces do not contain hazardous substances, and the washwater is filtered, settled, or similarly treated prior to discharge;\n\ni. Uncontaminated groundwater or spring water;\n\nj. Foundation or footing drains where flows are not contaminated with process materials; and\n\nk. Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of the facility, but not intentional discharges from the cooling tower (e.g., \"piped\" cooling tower blowdown or drains).\n\n5. Stormwater discharges associated with construction activity that are regulated under a VPDES permit are not authorized by this permit.\n\n6. Discharges subject to stormwater effluent limitation guidelines under 40 CFR Subchapter N (Effluent Guidelines and Standards) are only eligible for coverage under this permit if they are identified in Table 50-1 of this subsection.\n\nTABLE 50 - 1\n\nSTORMWATER-SPECIFIC EFFLUENT LIMITATION GUIDELINES.\n\nEffluent Limitation Guideline\n\nSectors with Affected Facilities\n\nRunoff from material storage piles at cement manufacturing facilities (40 CFR Part 411 Subpart C (established February 20, 1974))\n\nE\n\nContaminated runoff from phosphate fertilizer manufacturing facilities (40 CFR Part 418 Subpart A (established April 8, 1974))\n\nC\n\nCoal pile runoff at steam electric generating facilities (40 CFR Part 423 (established November 19, 1982))\n\nO\n\nDischarges resulting from spray down or intentional wetting of logs at wet deck storage areas (40 CFR Part 429 Subpart I (established January 26, 1981))\n\nA\n\nRunoff from asphalt emulsion facilities (40 CFR Part 443 Subpart A (established July 24, 1975))\n\nD\n\nRunoff from landfills (40 CFR Part 445 Subparts A and B (established January 19, 2000))\n\nK and L\n\nDischarges from airport deicing operations (40 CFR Part 449 (established May 16, 2012))\n\nFacilities subject to the effluent limitation guidelines in 40 CFR Part 449 may be covered under Sector AD.\n\n7. Permit eligibility is limited to discharges from facilities in the \"sectors\" of industrial activity summarized in Table 50-2 of this subsection. These sector descriptions are based on Standard Industrial Classification (SIC) Codes and Industrial Activity Codes. References to \"sectors\" in this permit refer to these groupings.\n\nTABLE 50 - 2\n\nSECTORS OF INDUSTRIAL ACTIVITY COVERED BY THIS PERMIT\n\nSIC Code or Activity Code\n\nActivity Represented\n\nSector A: Timber Products\n\n2411\n\nLog Storage and Handling (wet deck storage areas are only authorized if no chemical additives are used in the spray water or applied to the logs).\n\n2421\n\nGeneral Sawmills and Planing Mills.\n\n2426\n\nHardwood Dimension and Flooring Mills.\n\n2429\n\nSpecial Product Sawmills, Not Elsewhere Classified.\n\n2431-2439 (except 2434 - see Sector W)\n\nMillwork, Veneer, Plywood, and Structural Wood.\n\n2441, 2448, 2449\n\nWood Containers.\n\n2451, 2452\n\nWood Buildings and Mobile Homes.\n\n2491\n\nWood Preserving.\n\n2493\n\nReconstituted Wood Products.\n\n2499\n\nWood Products, Not Elsewhere Classified (includes SIC Code 24991303 - Wood, Mulch and Bark facilities).\n\nSector B: Paper and Allied Products\n\n2631\n\nPaperboard Mills.\n\nSector C: Chemical and Allied Products\n\n2812-2819\n\nIndustrial Inorganic Chemicals.\n\n2821-2824\n\nPlastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Synthetic Fibers, except Glass.\n\n2841-2844\n\nSoaps, Detergents, and Cleaning Preparations; Perfumes, Cosmetics, and Other Toilet Preparations.\n\n2873-2879\n\nAgricultural Chemicals (includes SIC Code 2875 - Composting Facilities).\n\nSector D: Asphalt Paving and Roofing Materials and Lubricants\n\n2951, 2952\n\nAsphalt Paving and Roofing Materials.\n\n2992, 2999\n\nMiscellaneous Products of Petroleum and Coal.\n\nSector E: Glass Clay, Cement, Concrete, and Gypsum Products\n\n3251-3259\n\nStructural Clay Products.\n\n3261-3269\n\nPottery and Related Products.\n\n3274, 3275\n\nConcrete, Gypsum and Plaster Products, Except: Concrete Block and Brick; Concrete Products, except Block and Brick; and Ready-Mixed Concrete Facilities (SIC Codes 3271-3273).\n\nSector F: Primary Metals\n\n3312-3317\n\nSteel Works, Blast Furnaces, and Rolling and Finishing Mills.\n\n3321-3325\n\nIron and Steel Foundries.\n\n3351-3357\n\nRolling, Drawing, and Extruding of Nonferrous Metals.\n\n3363-3369\n\nNonferrous Foundries (Castings).\n\nSector G: Metal Mining (Ore Mining and Dressing)\n\n1011\n\nIron Ores.\n\n1021\n\nCopper Ores.\n\n1031\n\nLead and Zinc Ores.\n\n1041, 1044\n\nGold and Silver Ores.\n\n1061\n\nFerroalloy Ores, except Vanadium.\n\n1081\n\nMetal Mining Services.\n\n1094, 1099\n\nMiscellaneous Metal Ores.\n\nSector H: Coal Mines and Coal Mining Related Facilities\n\n1221-1241\n\nCoal Mines and Coal Mining-Related Facilities.\n\nSector J: Mineral Mining and Dressing Facilities (SIC Codes 1411-1499 are not authorized under this permit)\n\nSector K: Hazardous Waste Treatment, Storage, or Disposal Facilities\n\nHZ\n\nHazardous Waste Treatment Storage or Disposal.\n\nSector L: Landfills and Land Application Sites\n\nLF\n\nLandfills, Land Application Sites, and Open Dumps.\n\nSector M: Automobile Salvage Yards\n\n5015\n\nAutomobile Salvage Yards.\n\nSector N: Scrap Recycling Facilities\n\n5093\n\nScrap Recycling Facilities.\n\n4499 (limited to list)\n\nDismantling Ships, Marine Salvaging, and Marine Wrecking - Ships for Scrap.\n\nSector O: Steam Electric Generating Facilities\n\nSE\n\nSteam Electric Generating Facilities.\n\nSector Q: Water Transportation and Ship and Boat Building or Repairing Yards\n\n4412-4499 (except 4499 facilities as specified in Sector N)\n\nWater Transportation.\n\n3731, 3732\n\nShip and Boat Building or Repairing Yards.\n\nSector U: Food and Kindred Products\n\n2021-2026\n\nDairy Products.\n\n2041-2048\n\nGrain Mill Products.\n\n2074-2079\n\nFats and Oils.\n\nSector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries\n\n3011\n\nTires and Inner Tubes.\n\n3021\n\nRubber and Plastics Footwear.\n\n3052, 3053\n\nGaskets, Packing, and Sealing Devices and Rubber and Plastics Hose and Belting.\n\n3061, 3069\n\nFabricated Rubber Products, Not Elsewhere Classified.\n\nSector AA: Fabricated Metal Products\n\n3411-3471, 3482-3499\n\nFabricated Metal Products, except Machinery and Transportation Equipment.\n\n3479\n\nFabricated Metal Coating and Engraving.\n\n3911-3915\n\nJewelry, Silverware, and Plated Ware.\n\nSector AB: Industrial or Commercial Machinery\n\n3511-3599 (except 3571-3579 )\n\nIndustrial and Commercial Machinery (except Computer and Office Equipment).\n\nSector AD: Nonclassified Facilities/Stormwater Discharges Designated by the Department as Requiring Permits\n\nN/A\n\nStormwater Discharges Designated by the Department for Permitting under the Provisions of 9VAC25-31-120 A 1, or under 9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit Regulation.\n\nFacilities may not elect to be covered under Sector AD. Only the department may assign a facility to Sector AD.\n\nSector AE: Facilities with No Analytical Benchmark Monitoring Requirements\n\n2611\n\nPulp Mills.\n\n2621\n\nPaper Mills.\n\n2652-2657\n\nPaperboard Containers and Boxes.\n\n2671-2679\n\nConverted Paper and Paperboard Products, except Containers and Boxes.\n\n2833-2836\n\nMedicinal Chemicals and Botanical Products; Pharmaceutical Preparations; In Vitro and In Vivo Diagnostic Substances; Biological Products, except Diagnostic Substances.\n\n2851\n\nPaints, Varnishes, Lacquers, Enamels, and Allied Products.\n\n2861-2869\n\nIndustrial Organic Chemicals.\n\n2891-2899\n\nMiscellaneous Chemical Products.\n\n3952 (limited to list)\n\nInks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist's paints, and Artist's Watercolors.\n\n3211\n\nFlat Glass.\n\n3221, 3229\n\nGlass and Glassware, Pressed or Blown.\n\n3231\n\nGlass Products Made of Purchased Glass.\n\n3241\n\nHydraulic Cement.\n\n3281\n\nCut Stone and Stone Products.\n\n3291-3299\n\nAbrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products.\n\n3331-3339\n\nPrimary Smelting and Refining of Nonferrous Metals.\n\n3398, 3399\n\nMiscellaneous Primary Metal Products.\n\n3341\n\nSecondary Smelting and refining of Nonferrous Metals.\n\n1311\n\nCrude Petroleum and Natural Gas.\n\n1321\n\nNatural Gas Liquids.\n\n1381-1389\n\nOil and Gas Field Services.\n\n2911\n\nPetroleum Refineries.\n\n4512-4581\n\nAir Transportation Facilities.\n\nTW\n\nTreatment Works.\n\n2011-2015\n\nMeat Products.\n\n2032-2038\n\nCanned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties.\n\n2051-2053\n\nBakery Products.\n\n2061-2068\n\nSugar and Confectionary Products.\n\n2082-2087\n\nBeverages.\n\n2091-2099\n\nMiscellaneous Food Preparations Kindred Products.\n\n2111-2141\n\nTobacco Products.\n\n2211-2299\n\nTextile Mill Products.\n\n2311-2399\n\nApparel and Other Finished Products Made from Fabrics and Similar Materials.\n\n3131-3199\n\nLeather and Leather Products, except Leather Tanning and Finishing.\n\n2434\n\nWood Kitchen Cabinets.\n\n2511-2599\n\nFurniture and Fixtures.\n\n2711-2796\n\nPrinting, Publishing, and Allied Products.\n\n3081-3089\n\nMiscellaneous Plastics Products.\n\n3931\n\nMusical Instruments.\n\n3942-3949\n\nDolls, Toys, Games, and Sporting and Athletic Goods.\n\n3951-3955 (except 3952)\n\nPens, Pencils, and Other Artist's Materials.\n\n3961, 3965\n\nCostume Jewelry, Costume Novelties, Buttons, and Miscellaneous Notions, except Precious Metal.\n\n3991-3999\n\nMiscellaneous Manufacturing Industries.\n\n3111\n\nLeather Tanning, Currying, and Finishing.\n\n3711-3799 (except 3731, 3732 – see Sector Q)\n\nTransportation Equipment, except Ship and Boat Building and Repairing.\n\n3571-3579\n\nComputer and Office Equipment.\n\n3612-3699\n\nElectronic and Other Electrical Equipment and Components, except Computer Equipment.\n\n3812-3873\n\nMeasuring, Analyzing, and Controlling Instruments; Photographic, Medical, and Optical Goods; Watches and Clocks.\n\nSector AF: Facilities Limited to Total Suspended Solids Benchmark Monitoring Requirements\n\n4011, 4013\n\nRailroad Transportation.\n\n4111-4173\n\nLocal and Highway Passenger Transportation.\n\n4212-4231\n\nMotor Freight Transportation and Warehousing.\n\n4311\n\nUnited State Postal Service.\n\n5171\n\nPetroleum Bulk Stations and Terminals.\n\nD. Conditional exclusion for no exposure. Any owner covered by this permit who becomes eligible for a no exposure exclusion from permitting under 9VAC25-31-120 E may file a no exposure certification. On submission and acceptance by the department of a complete and accurate no exposure certification, the permit requirements no longer apply, and the owner is not required to submit a notice of termination. A no exposure certification must be submitted to the department once every five years.\n\nE. Compliance with this general permit constitutes compliance with the federal Clean Water Act and the State Water Control Law, with the exceptions stated in 9VAC25-31-60 of the VPDES Permit Regulation. Approval for coverage under this general permit does not relieve any owner of the responsibility to comply with any other applicable federal, state, or local statute, ordinance, or regulation.\n\nF. Continuation of permit coverage.\n\n1. Permit coverage shall expire at the end of its term. However, expiring permit coverages are automatically continued if the owner has submitted a complete registration statement at least 60 days before the expiration date of the permit or a later submittal date established by the department, which cannot extend beyond the expiration date of the original permit. The permittee is authorized to continue to discharge until the department either:\n\na. Issues coverage to the owner under this general permit; or\n\nb. Notifies the owner that the discharge is not eligible for coverage under this general permit.\n\n2. When the owner that was covered under the expiring or expired general permit has violated or is violating the conditions of that permit, the department may choose to do any or all of the following:\n\na. Initiate enforcement action based on the general permit coverage that has been continued;\n\nb. Issue a notice of intent to deny coverage under the amended general permit. If the general permit coverage is denied, the owner would then be required to cease the discharges authorized by the continued general permit coverage or be subject to enforcement action for discharging without a permit;\n\nc. Issue an individual permit with appropriate conditions; or\n\nd. Take other actions authorized by the VPDES Permit Regulation (9VAC25-31).","path":["Title 9. Environment","Agency 25. State Water Control Board","Chapter 151. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges of Stormwater Associated with Industrial Activity"],"source_url":"https://law.lis.virginia.gov/admincode/title9/agency25/chapter151/section50/","current_through":"2026 Regular Session (effective July 1, 2026)","vintage":"","retrieved_at":"2026-09-14T04:49:10Z","sha256":"ba26cd174356a2ddc2e46fc67df2fbc53f74ec643f236eb6e4160a04028b4a90","source_id":"us-va-vac","stale":false,"prev":"us-va/9vac25-151-40","next":"us-va/9vac25-151-60"},"notice":"GroundRules: Original legal text. Not legal advice."}