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Permit No. VA0088641
Page 40 of 42
This state 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 state permit shall be construed to preclude the institution of any legal action under, or relieve the
permittee 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 permit conditions on
"bypassing" (Part III.U), and "upset" (Part III.V) nothing in this state permit shall be construed to relieve the permittee
from civil and criminal penalties for noncompliance.
P. OIL AND HAZARDOUS SUBSTANCE LIABILITY
Nothing in this state permit shall be construed to preclude the institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under § 62.1-44.34:14
through 62.1-44.34:23 of the State Water Control Law or § 311 of the Clean Water Act.
Q. PROPER OPERATION AND MAINTENANCE
The permittee 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 permittee to achieve compliance with the conditions
of this state 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 permittee only when the operation is necessary to achieve compliance with the conditions of this
state 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.
S. DUTY TO MITIGATE
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this state permit,
which 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 a permittee 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 state permit.
U. BYPASS
1. "Bypass", as defined in 9VAC25-870-10, means the intentional diversion of waste streams from any portion of
a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not
subject to the provisions of Parts III.U.2 and U.3.
2. Notice
a) Anticipated Bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be
submitted, if possible, at least ten days before the date of the bypass.Jump to an indexed page (43 of 43)