VPDES Storm Water Permitting

DEQ's Storm Water Permitting Program

Traditional definitions of storm water have usually characterized it as non-point source runoff. However, most urban and industrial storm water is discharged through conveyances, such as separate storm sewers, ditches, channels or other conveyances which are considered point sources under the Clean Water Act (CWA), and subject to regulation through the National Pollutant Discharge Elimination System (NPDES) permit program.

Virginia is an authorized state under the federal permitting program. DEQ administers the federal program as the Virginia Pollutant Discharge Elimination System (VPDES) permit program, which is authorized under the State Water Control Law. The Virginia Pollutant Discharge Elimination System Permit Regulation (9 VAC 25-31) sets forth the policies and procedures that are followed in the administration of the permit program. As mandated by the Clean Water Act and EPA's Phase 1 (11/16/90) and Phase 2 (12/8/99) storm water regulations, DEQ issues VPDES permits to dischargers of storm water from "Industrial Activities". The federal permitting requirements are incorporated into the VPDES Permit Regulation in section 9 VAC 25-31-120.

Industrial Activity Permitting

Under the Phase 1 storm water regulations, storm water discharges from "industrial activities" are regulated by DEQ, and include manufacturing facilities (SIC Code specific); hazardous waste treatment, storage, or disposal facilities; landfills, land application sites and open dumps that receive or have received "industrial activity" wastes; recycling facilities (limited to SIC Codes 5015 and 5093); steam electric power generating facilities (including coal handling sites); transportation facilities (SIC Code specific) that have vehicle maintenance shops, equipment cleaning operations or airport deicing operations; and domestic sewage treatment plants (i.e., treatment works treating domestic sewage) with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program. The Phase 2 storm water regulations added a "no-exposure" exemption provision for industrial facilities.

Any industrial facility covered by these regulations that discharges storm water associated with industrial activity through a point source or through a municipal or non-municipal separate storm sewer system must apply for a VPDES storm water permit, or for "no-exposure" exemption from permitting (see below).

DEQ issues both individual and general permits to industrial activity storm water dischargers. DEQ's reissued Industrial Storm Water General Permit (VAR05) became effective on July 1, 2009. Facilities that do not have existing permit coverage, and existing permitted facilities reapplying for permit coverage (see below) should use the new Registration Statement form (SWGP-VAR05-RS [7/09]) to apply for general permit coverage.

The current industrial storm water general permit regulation (9 VAC 25-151) and fact sheet are available on the Permits, Fees and Regulations page. An industrial storm water permiting handout  [PDF, 280KB] is also available which provides additional details on the industrial storm water permitting process.

Table SW-1 [PDF, 13KB] lists the regulated industrial activities that are eligible for coverage under the VPDES Industrial Storm Water General Permit (VAR05). Facility classifications are broken down by industrial sector, and within each sector by either 4-digit Standard Industrial Classification (SIC) code or 2-letter Industrial Activity Code.

Storm water permits for industrial activity discharges require technology-based controls based on Best Available Technology (BAT)/Best Conventional Pollutant Control Technology (BCT) considerations or water quality-based controls, if necessary. An industrial facility may have a permit that covers both storm water discharges and other non-storm water discharges.

DEQ's industrial activity storm water permits are based upon EPA's Multi-Sector Storm Water General Permit (MSGP).  All industrial activity storm water permits include the requirement that a storm water pollution prevention plan (SWPPP) be developed for the permitted facility.

The pollution prevention plan identifies all storm water discharges at the facility, actual and potential sources of storm water contamination, and requires the implementation of both structural and non-structural best management practices (BMPs) to reduce the impact of storm water runoff on the receiving stream to the maximum extent practicable, and to meet water quality standards.  Industrial storm water permits may also contain water quality based effluent limits, as well as the requirement for storm event monitoring, and the regular assessment of the effectiveness of storm water controls. DEQ does not specify which best management practices a facility must implement, and does not specify any minimum best management practice design criteria.

No-Exposure Certification

Industrial facilities that would otherwise be required to have a storm water permit can be exempted from permitting if they certify that all their storm water discharges meet the definition of "no exposure". If all industrial materials and activities at a facility are protected by a storm resistant cover so that they are not exposed to rain, snow, snowmelt, or runoff, then the facility can qualify for the "no exposure" exemption. Facilities must file a "No-Exposure Certification" every five years with the appropriate DEQ Regional Office, and if conditions change at the facility and materials or activities become exposed, the facility must immediately file for a VPDES storm water permit. The DEQ No-Exposure Certification form can be downloaded from the Permits, Fees and Regulations page. There is no fee to file the No-Exposure Certification.

Additional Information

General questions about the DEQ storm water permitting program should be directed to Burt Tuxford at DEQ's Central Office, 804/698-4086, e-mail: Burton.Tuxford@deq.virginia.gov.

Storm water permitting questions about specific industrial facilities should be directed to the DEQ Regional Office that serves the area where the facility is located.

General Permit Reissuance and Reapplication Procedures

DEQ's VPDES Industrial Storm Water General Permit (VAR05) was reissued effective July 1, 2009. Existing permitted facilities must reapply for authorization under the new permit to continue permit coverage.

• 9 VAC 25-151 - Industrial Storm Water General Permit Regulation - - clean version
• 9 VAC 25-151 - Industrial Storm Water General Permit Regulation - - version with all changes shown (red strikethroughs are deletions, blue underlines are additions)
• 9 VAC 25-151 - Summary of the changes from the 2004 Regulation
• VAR05 - Registration Statement - PDF Version (form enabled) - Word Version (writeable form)
• Water Permit Fee Form - PDF Version (form enabled) - Word Version (writeable form)

To reapply for permit coverage, submit a copy of the revised Registration Statement (with all required attachments) to the DEQ Regional Office that serves the area where your facility is located. The DEQ Water Permit Fee form and $500 application fee must also be submitted. The completed Registration Statement and required attachments, along with a copy of your check and copy of the completed Fee Form should be sent to the DEQ Regional Office. The original Fee Form and check for $500 made out to "Treasurer of Virginia" should be sent, along with a copy of the Registration Statement form to:

DEQ Receipts Control
P.O. Box 1104
Richmond, VA  23218

DEQ has started moving towards a paperless permit processing system. If you would like your permit sent to you electronically, we are asking that you check the "Yes" box on the Registration Statement agreeing to allow us to transmit the final permit by email. We believe that electronic permit transfer has benefits for both you and DEQ.

If you have any questions, please contact Burt Tuxford or the DEQ Regional Office that serves the area where your facility is located.