"Commercial Water Pollution Control Facilities Permit Template for Class V Stormwater Underground Injection Control Systems" - Oregon

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Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 1 of 13 Pages
COMMERCIAL
Water Pollution Control Facilities Permit
For Class V Stormwater Underground Injection Control Systems
Department of Environmental Quality
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232
(503) 229-5263
Issued pursuant to ORS 468B.195 and 40 CFR Parts 144, 145 and 146, implementing the
Federal Safe Drinking Water Act requirements for Underground Injection Control.
ISSUED TO:
SOURCES COVERED BY THIS PERMIT:
Type of Waste: Stormwater & Incidental Fluids
Applicant
Outfall: Individual Injection Systems
Address
Method of Disposal: Class V Underground Injection Systems
City, State Zip
SYSTEM TYPE:
SYSTEM LOCATIONS:
Class V Underground Injection Controls
Locations—Hydrogeologic Unit
Waters of the State: Groundwater
Effective Permit Issuance Date: Month, Day, Year
Permit Expiration Date: Month, Day, Year
Permit Number: WPCF-DOM-UIC-XXXXXX
DEQ File Number: YYYYYY
This permit is issued based on the Land Use Compatibility Statement in the permit record.
________________________________
_______________________
Permit Writer
Date
Position
________________________________
_______________________
Manager
Date
Water Quality Manager
Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 1 of 13 Pages
COMMERCIAL
Water Pollution Control Facilities Permit
For Class V Stormwater Underground Injection Control Systems
Department of Environmental Quality
700 NE Multnomah Street, Suite 600, Portland, Oregon 97232
(503) 229-5263
Issued pursuant to ORS 468B.195 and 40 CFR Parts 144, 145 and 146, implementing the
Federal Safe Drinking Water Act requirements for Underground Injection Control.
ISSUED TO:
SOURCES COVERED BY THIS PERMIT:
Type of Waste: Stormwater & Incidental Fluids
Applicant
Outfall: Individual Injection Systems
Address
Method of Disposal: Class V Underground Injection Systems
City, State Zip
SYSTEM TYPE:
SYSTEM LOCATIONS:
Class V Underground Injection Controls
Locations—Hydrogeologic Unit
Waters of the State: Groundwater
Effective Permit Issuance Date: Month, Day, Year
Permit Expiration Date: Month, Day, Year
Permit Number: WPCF-DOM-UIC-XXXXXX
DEQ File Number: YYYYYY
This permit is issued based on the Land Use Compatibility Statement in the permit record.
________________________________
_______________________
Permit Writer
Date
Position
________________________________
_______________________
Manager
Date
Water Quality Manager
Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 2 of 13 Pages
DEFINITIONS
Definitions of 40 Code of Federal Regulations (CFR) part 144.3 and Oregon Administrative Rules (OAR) 340
Divisions 040, 044, and 045 apply to this permit unless the definitions are inconsistent with the provisions of the
permit.
Adaptive Management is a structured, iterative process designed to refine and improve stormwater programs
1.
over time by evaluating results and adjusting actions on the basis of what has been learned.
Best Management Practices or BMPs means the schedule of activities, controls, prohibition of practices,
2.
maintenance procedures and other management practices designed to prevent or reduce pollution. BMPs also
include treatment requirements, operating procedures, and practices to control stormwater runoff.
Corrective action means measures taken to improve a situation that may adversely affect groundwater quality
3.
or supply, endanger groundwater, or violate the prohibition of fluid movement standard.
Endangerment is defined in 42 United States Code (USC) 300h(d)(2) and occurs when injection may result in
4.
the presence of any contaminant in underground water which supplies or can reasonably be expected to
supply any public water system, if the presence of such contaminant may result in such system’s not
complying with any national primary drinking water regulation or may otherwise adversely affect the health
of persons.
Groundwater protectiveness means that a discharge will not endanger groundwater as defined in 42 USC
5.
300h(d)(2) or violate the prohibition of fluid movement standard as defined in 40 CFR 144.12(a).
Groundwater protectiveness demonstration and demonstrate that groundwater is protected mean that you
6.
have scientifically shown that the discharge will not endanger groundwater or violate the prohibition of fluid
movement standard.
Hazardous materials is defined at ORS 466.605(7) and includes: materials designated under ORS 466.630,
7.
hazardous wastes as defined at 466.005(7), radioactive wastes, communicable disease agents, and hazardous
substances. Hazardous substances are substances designated by the Environmental Protection Agency
pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and
Liability Act, oil or petroleum products, or any substance designated by the Environmental Quality
Commission under ORS 465.400.
Physical maintenance means preserving UIC functionality using methods that involve human labor. Physical
8.
maintenance includes but is not limited to vacuuming sediment from the UIC, pressure washing the UIC, and
replacement of pretreatment devices.
Prohibition of fluid movement is defined in 40 CFR 144.12(a) and prohibits the movement of fluid containing
9.
any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a
violation of any primary drinking water regulation under 40 CFR part 142 or may otherwise adversely affect
the health of persons.
Practicable means reasonably possible to do or put into practice.
10.
Retrofitting means physically modifying an existing Underground Injection Control system. Example retrofits
11.
include backfilling to increase the vertical separation distance between the bottom of the UIC and seasonal
high groundwater, or implementing a variety of passive, structural, and/or technological controls to reduce or
eliminate pollutants.
Source controls are methods to decrease the amount of pollutants entering stormwater runoff by preventing
12.
the contact of pollutants with rainfall and runoff.
Super-chlorinated water is water with chlorine concentrations above 4 milligrams per liter.
13.
We or us means the Oregon Department of Environmental Quality (DEQ).
14.
You means applicant
15.
Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 3 of 13 Pages
PERMITTED ACTIVITIES
You own or operate Underground Injection Controls (UICs) to manage stormwater. These injection systems are
individual point sources that discharge stormwater and other incidental fluids below the ground surface.
As provided under federal law, this is an area permit, which means it covers all permittee-owned or permittee-
operated injection systems for stormwater and incidental fluids, at multiple locations within the <Location
Description—hydrogeologic unit and reference/citation>. Until we modify or revoke this permit, or until it
expires, the permit authorizes you to construct, install, modify, operate, or close (decommission) injection systems
in accordance with this permit. The permit also authorizes you to discharge stormwater or other fluids specifically
identified in this permit into injection systems that are under your ownership or operation, or that you will
construct, or that will be transferred to your ownership or operation while the permit is in effect, provided you
conform to the requirements, limitations, and conditions described in the following schedules:
Schedule A. Control and Limitation Conditions ....................................................................................... X
Schedule B. Monitoring and Reporting Conditions................................................................................... X
Schedule C. Safe Drinking Water Act Compliance Schedule .................................................................... X
Schedule D. Special Conditions ............................................................................................................... X
Schedule E. Pretreatment Conditions……………………………………………….……..… Not Applicable
Schedule F. General Conditions ............................................................................................................... X
Any other direct or indirect discharge of waste to waters of the state or to an underground injection system is
prohibited, unless specifically authorized by this permit; by another DEQ permit, agreement, authorization, or
order; or by Oregon administrative rule.
SCHEDULE A
CONTROL AND LIMITATION CONDITIONS
1. Authorized Discharges. You may discharge stormwater into your UICs in accordance with the conditions
of this permit. You may also discharge the incidental non-stormwater fluids listed below into your UICs.
We may approve other similar temporary discharges after the permit is issued, provided the permittee
shows us in writing that the discharge is de minimis and complies with OAR 340-040-0020(3), and the
permittee obtains written approval from us prior to discharge. If any of these non-stormwater discharges
cause or contribute to an exceedance of the action levels in Table 1, you must reduce or eliminate the
discharge of pollutants associated with the source. Incidental non-stormwater fluids include:
a. Water line flushing (with the exception of super-chlorinated water);
b. Landscape irrigation;
c. Uncontaminated groundwater infiltration;
d. Uncontaminated pumped groundwater;
e. Discharges from potable water sources;
f.
Water from potable groundwater monitoring wells;
g. Draining and flushing of municipal potable water storage reservoirs;
h. Foundation drains;
i.
Air conditioning condensate;
j.
Springs;
k. Water from crawl space pumps that has not been contaminated with oils or other chemicals;
l.
Footing drains;
m. Lawn watering;
Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 4 of 13 Pages
n. Vehicle washing provided that chemicals, soaps, detergents, steam or heated water are not used, and
washing is restricted to the outside of the vehicle (no engines, transmissions or undercarriages);
o. De-chlorinated swimming pool and fountain discharges;
p. Street wash water, provided that street wash water is applied using best management practices that
minimize debris and sediment entering the UIC. Washing any spill of any hazardous substance (including
oil or hazardous materials as defined in Oregon Revised Statute 466.605) into any UIC is prohibited;
q. External building wash-down and pavement wash waters provided that chemicals, soaps, detergents,
steam or heated water are not used;
r. Discharges or flows from emergency fire-fighting activities provided you take precautions, to the extent
practicable, to protect injection systems during emergency fire-fighting activities, and clean the UIC after
the fire-fighting event if fluids from the fire fighting activities reach the UIC system;
s. Discharges of treated water from investigation, removal, and remedial actions selected or approved by
DEQ pursuant to Oregon Revised Statutes (ORS) Chapter 465 (Hazardous Waste and Hazardous
Materials);
t.
Start-up flushing of groundwater wells; and
u. Other similar temporary discharges of uncontaminated water.
2. Action Levels. Action levels are guideline concentrations, not limitations; an action level exceedance,
therefore, is not a permit violation. The action levels apply at the point of discharge into the underground
injection system.
The default Action Levels are MCLs, with the exception of lead, which is equal to the numeric reference
level in Table 1 of OAR 340-040-0020. Action Levels may be increased if a fate and transport model
shows that injection above the default levels does not endanger groundwater or violate the prohibition of
fluid movement standard. The model must simulate pollutant fate in transport in the hydrogeologic unit
covered by the permit.
Nitrate is included in Table 1 if (1) existing stormwater quality monitoring indicates nitrate concentrations
may be above the MCL or (2) the permittee is located in a Groundwater Management Area for Nitrate.
TABLE 1 – Action Levels for Pollutants
Action Level at Injection Point
Monitoring Parameter
EPA Method
(micrograms per liter)
Benzo(a)pyrene
0.2
EPA 8270
Pentachlorophenol
1
EPA 515.3 or EPA 8270
Di(2-ethylhexyl)phthalate
6
EPA 8270
Copper (Total)
1,300
EPA 200.7 or EPA 200.8
Lead (Total)
50
EPA 200.7 or EPA 200.8
Zinc (Total)
5,000
EPA 200.7 or EPA 200.8
Nitrate
10,000
EPA 300.0 or SM 4500
3. Table 1 Action Level Exceedance. When stormwater concentrations exceed a Table 1 pollutant action level,
you must take corrective action with respect to the UIC(s) that exceeded the action level as described in
Schedule A, condition 6.
4. Spills. Spills of oil and hazardous materials that impact UICs are subject to the emergency response
requirements of ORS 466 and OAR 340-142. You must take emergency response actions immediately. As the
UIC owner or operator, you must also:
Expiration Date: Month, Day, Year
Permit Number: XXXXXX
File Number: YYYYYY
Page 5 of 13 Pages
a. Take corrective action in accordance with Schedule A, condition 5; and
b. Clean the UIC system.
5. Imminent endangerment of human health or the environment. If discharges from one or more UICs
endanger human health or the environment or violate the prohibition of fluid movement standard, you must:
a. Inform us consistent with Schedule F, condition 4(f), and
b. Take corrective action to eliminate any endangerment of human health or the environment as defined in
42 USC 300h(d)(2) or violation of the prohibition of fluid movement standard as defined in 40 CFR
144.12(a). You must complete all corrective actions as soon as practicable, with DEQ approval of work
scope and schedule. You must submit updates regarding progress to us at least annually; the updates may
be included in the annual report required in Schedule B, condition 4.
6. Corrective Action. You must complete corrective action in response to discharges that endanger human
health or the environment according to Schedule A, condition 5. Corrective action always includes the actions
identified in 6(a) and 6(b), and as many additional actions [conditions 6(c) through 6(f)] as are required to
protect groundwater or to demonstrate that it is already protected. You must obtain written approval from
DEQ that the action(s) you take in conditions 6(c) through 6(f), and the schedule for taking the actions, are
sufficiently protective of groundwater quality. Corrective actions include:
a. Attempt to identify the source(s) of an exceedance of Table 1 action levels;
b. When source identification efforts are complete, determine the set of UICs affected, based on the
identified source(s) or other factors;
c. Assess whether best management practices need adjustment to eliminate or reduce influent concentrations
and make appropriate, practicable changes; and resample the discharge to UIC(s) that had exceedances of
Table 1 action levels and evaluate whether the adjustment to best management practices reduced influent
concentrations to below action levels;
d. Demonstrate that groundwater is protected through modeling or another approved approach;
e. Retrofit the affected UIC(s) so that groundwater is protected;
f.
Decommission the UIC(s).
7. Source Control Measures and Best Management Practices. You must implement the following source
controls and best management practices. DEQ may require you to sample stormwater to demonstrate source
control measures and best management practices are effective.
a. With the exception of UICs used to drain roof-only runoff, you must implement and maintain source
control measures and operational and structural best management practices to reduce or eliminate
pollutants from entering UICs in accordance with OAR 340-040-0020(11). Structural best management
practices must include devices that allow for separation of oil and settlement of solids. It is not a permit
violation if UICs are not equipped with these devices at the time of permit issuance; however, DEQ must
approve a schedule for implementation of structural best management practices at the time of permit
issuance, and you must comply with this schedule.
b. For industrial and commercial facilities where hazardous substances, toxic materials, and petroleum
products are used, handled or stored, the stormwater draining into the UICs shall not be exposed to these
materials. Stormwater is not exposed to hazardous substances, toxic materials, and petroleum products if
all manufacturing, processing, and material handling activities and those areas of an industrial or
commercial facility associated with such activities are protected by a storm resistant shelter to prevent
contact with rain, snow, snowmelt, and/or runoff.
c. You must sweep parking lots and drive lanes at least weekly to control oils, greases and debris. You must
document the parking lot sweeping, and provide documentation to DEQ if DEQ requests it.
d. You must inspect catch basins monthly and clean catch basins at least annually. You must document the
monthly inspections and annual cleaning, and provide documentation to DEQ if DEQ requests it.
Page of 13