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Newport News MS4 stormwater discharge permit VA0088641 — 2024–2029

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Permit No. VA0088641 Page 2 of 42 (p) flows from riparian habitats and wetlands; (q) dechlorinated freshwater swimming pool discharges managed in a manner to avoid instream impact; (r) street and pavement wash waters that do not contain cleaning additives or otherwise managed in a manner to avoid instream impact; (s) routine external building wash down provided no soaps, solvents, or detergents are used, external building surfaces do not contain hazardous substances, and the wash water is filtered, settled, or similarly treated prior to discharge; (t) discharges or flows from emergency firefighting activities; and (u) discharges or flows of water for fire prevention or firefighting training activities managed in a manner to avoid instream impact in accordance with § 9.1-207.1 of the Code of Virginia; or (v) discharges from noncommercial fundraising car washes if the washing uses only biodegradable, phosphate-free, water-based cleaners in accordance with § 15.2-2114.1 of the Code of Virginia: or (w) other activities generating discharges identified by the Department as not requiring VPDES authorization. 4) Materials from a spill are not authorized unless the discharge of material resulting from a spill is necessary to prevent loss of life, personal injury, or severe property damage. The permittee shall take, or require the responsible party to take, all reasonable steps to minimize or prevent any adverse effect on human health or the environment in accordance with the permittee’s program under Part I.B.2.f). (Spill Prevention and Response). This state permit does not transfer liability for a spill itself from the party(ies) responsible for the spill to the permittee nor relieve the party(ies) responsible for a spill from the reporting requirements of 40 CFR Part 117 and 40 CFR Part 302. The permittee is responsible for any reporting requirement listed under Part III.G of this state permit. 2. Permittee Responsibilities This state permit establishes the specific requirements applicable to the permittee for the term of this state permit. The permittee is responsible for compliance with this state permit. The permittee shall implement and update the MS4 Program Plan (as set forth in Part I.B) to ensure compliance with this state permit. The Department has determined that implementation of the MS4 Program Plan reduces the discharge of pollutants to the maximum extent practicable. Where wasteloads have been allocated for pollutant(s) of concern in an approved Total Maximum Daily Load (TMDL), the permittee shall implement the special conditions as set forth in Part I.D of this state permit. Compliance with the requirements of this state permit shall also constitute adequate progress for this permit term towards complying with the assumptions and requirements of the applicable TMDL wasteload allocations such that the discharge does not cause or contribute to violations of the water quality standards. The permittee shall clearly define the roles and responsibilities of each of the permittee’s departments, divisions or subdivisions in maintaining permit compliance. If the permittee relies on another party to implement portions of the MS4 Program Plan, both parties must document the agreement in writing. The agreement shall be retained by the permittee with the MS4 Program Plan. Roles and responsibilities shall be updated as necessary. Where the permittee relies on another party to implement a portion of this state permit, responsibility for compliance with this state permit shall remain with the permittee. In the event the permittee is unable to meet conditions of this state permit due to circumstances beyond the
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