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Newport News MS4 stormwater discharge permit VA0088641 — 2024–2029

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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.
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