ES&H Manual



8020 Appendix T1

Storm Water Management



1.0             Purpose


The majority of stormwater runoff generated at Jefferson Lab flows towards Brick Kiln Creek to the east, eventually discharging into the Big Bethel Reservoir and further to tributaries of the Chesapeake Bay. A much smaller portion of stormwater runoff also flows into Sluice Mill Pond to the northwest, eventually draining into Deep Creek and the James River. Under the Clean Water Act and several states statutes, Jefferson Lab is responsible for ensuring proper management of water quality and quantity prior to discharging into all receiving surface waters. The Jefferson Lab Stormwater Management Program is designed to implement and satisfy the requirements of the following:


·         Virginia Stormwater Management Program (VSMP) Regulations – 9VAC25-870

·         Virginia Erosion and Sediment Control (E&SC) Regulations – 9VAC25-840

·         Virginia Department of Environmental Quality (DEQ) General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4) – General Permit No. VAR040079

·         DEQ General Permit for Discharges of Stormwater from Construction Activities – 9VAC25-880

·         Virginia E&SC Handbook criteria

·         Jefferson Lab Annual Standards and Specifications for Stormwater Management and Erosion & Sediment Control


This chapter summarizes the specific requirements for stormwater management at Jefferson Lab and instructions in the form of references, appendices and other ES&H Manual chapters, where applicable. This chapter also discusses general stormwater management program aspects that are not captured elsewhere.


2.0             Scope


2.1              VSMP Regulations – 9VAC25-870


VSMP requirements are approved by the Virginia State Water Control Board and are authorized by the Virginia Stormwater Management Act to manage the quality and quantity of runoff resulting from regulated land-disturbing activities. VSMP regulations are administered by DEQ through the Virginia Pollution Discharge Elimination System (VPDES) permitting program that regulates point source pollution from MS4s, Construction, and Industrial Discharges. Several new regulatory requirements were enacted in July 2014; including the need for all counties, cities, towns and MS4s to establish a ‘local’ Stormwater Management Program. These regulations essentially provide three separate options for establishment of a local program:

1.      Become a VSMP Authority – only local government entities are authorized for this option due to having mechanisms in place such as local ordinances and enforcement response protocol

2.      Adopt ‘Annual Standards and Specifications’ approved by DEQ that describe how land-disturbing activities will be conducted at the facility

3.      Rely on DEQ for all plan reviews, inspections, and other program specifics


Since Jefferson Lab is a federal facility, the only option available is to adopt Annual Standards and Specifications approved by DEQ. Initial approval was obtained in 2015; annual approval from DEQ is required. As mentioned above, these Standards and Specifications describe the management process for all regulated land-disturbing activities occurring at the Lab (https://www.jlab.org/div_dept/dir_off/oa/secure/permits.html) and include information such as:

·         Administrative requirements

·         Personnel training and certification

·         Program implementation

·         Stormwater Pollution Prevention Plan (SWPPP) requirements

·         Environmental Site Design and Low Impact Development (LID) practices

·         Inspection and maintenance requirements

·         Variances, exceptions, prohibited stormwater discharges and authorized non-stormwater discharges


A major requirement under VSMP is the need for land-disturbing activities greater than 1-acre to obtain authorization under the General VPDES Permit for Discharges of Stormwater from Construction Activities (also known as Construction General Permit or CGP). Prior to issuance of a CGP, several steps must occur prior to receiving authorization from DEQ. For further details on this process, please refer to Jefferson Lab’s Annual Standards and Specifications for Stormwater Management and Erosion & Sediment Control.


Stormwater runoff that is not classified under a single point source is considered a nonpoint source controlled through E&SC practices as regulated by Virginia E&SC regulations.


2.2              Virginia E&SC Regulations – 9VAC25-840


The Virginia Erosion and Sediment Control Program is authorized by Virginia E&SC Law, Regulations, and Certification Regulations and is administered by DEQ to prevent destruction of property and natural resources caused by soil erosion, sedimentation and nonagricultural runoff from land disturbing activities.


Under the requirements of the Virginia E&SC Program regulations, an approved E&SC Plan is required for any land disturbance totaling 10,000-square feet to 1-acre in size. The basic framework of an approved E&SC Plan includes the controls that will be utilized during the project to meet the applicable requirements of the Virginia E&SC Handbook and the 19 E&SC Minimum Standards. 


2.3              DEQ Permit No. VAR040079 – General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4)


The MS4 permit program is the result of the 1987 amendments to the Clean Water Act (CWA), commonly referred to as the Water Quality Act of 1987. In these amendments, Congress mandated that the Environmental Protection Agency (EPA) address non-point source pollution in stormwater runoff. In essence, EPA defined urban stormwater (previously considered a non-point source) as a point source because there was a physical location (or point) of discharge. In response to the Congressional action, EPA was required to develop a program to permit the discharge of stormwater from MS4s; from specific industrial activities that it considered to be significant sources of pollution; and from construction site runoff.


In 1990, the National Pollution Discharge Elimination System (NPDES) Permit Program was extended by EPA to include stormwater discharges. The new associated regulations established requirements for permitting discharges from industry, construction sites, and MS4s in municipalities with populations greater than 100,000. In 1999, the permit program was expanded to include discharges from communities with populations of less than 100,000 and was called the Phase II Stormwater Permit Program. These municipalities were required to obtain permit coverage by March 10, 2003 to discharge stormwater.


Stormwater discharges from Phase II (small) MS4s are authorized under the General Permit for Discharges of Stormwater from Small MS4s. These include MS4s operated by cities, towns, counties, and state and federal facilities.  To initiate or continue MS4 Permit authorization, a new Registration Statement is required for submittal to DEQ greater than 180 days prior to the permit deadline.  Jefferson Lab’s current MS4 Permit will require submittal of a new Registration Statement to DEQ for additional coverage on or before August 3, 2023.


Conditions applicable to all State and VPDES Permits are summarized below:


·         Part 3, G – Reports of Unauthorized Discharges:  Any operator of a small MS4 must report unauthorized discharges to DEQ within 24-hours of discovery and provide written follow-up report within 5 days that includes:

·         Description and location of discharge;

·         Cause of discharge;

·         Date that discharge occurred;

·         Length of time that discharge occurred before contained;

·         Volume of the discharge;

·         If discharge is ongoing, how long it is anticipated to continue;

·         If discharge is ongoing, what is estimated total volume of discharge to occur;

·         Response steps taken to reduce, eliminate, and prevent a recurrence.


·         Part 3, K – Signatory Requirements: 


·         Registration Statements, Reports and other information, along with Changes to Authorization shall be signed by a responsible corporate officer (U.S. DOE Thomas Jefferson Site Office Manager or other authorized Site Office Staff) with the following certification statement:


“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information the information submitted  is, to the best  of my knowledge and belief, true, accurate, and complete.  I am aware that there are significiant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations”.


·         Part 3, M – Duty to Re-apply:

·         Registration Statement must be submitted at least 90 days prior to the expiration date of the MS4 Permit (October 31, 2023) to continue coverage under the permit.


·         Part 3, Q – Proper Operation & Maintenance:


·         Operator shall properly operate and maintain all stormwater facilities and treatment systems used to achieve compliance with the conditions of the MS4 permit.


·         Part 3, W – Inspection & Entry:


·         Operator shall allow DEQ and EPA representative or inspector to enter the premises; have access to permit-related records; inspections of facilities equipment, practices, and operations regulated under the MS4 permit; and sample or monitor substances or parameters located onsite.


The operator of a small MS4 is required to develop, implement and enforce a program that will reduce the discharge of stormwater pollutants to the ‘maximum extent practicable’ or MEP.  The program is outlined through Jefferson Lab’s MS4 Program Plan.


The MS4 Program Plan is intended to serve as a ‘living document’ where revisions are expected throughout the life of the permit in order to reduce pollutant loading and protect water quality.  Any revisions to the Program Plan are provided in the MS4 Annual Report that is due to DEQ every year by October 1st.  The MS4 Annual Report provides a summary of all MS4 related activities for the previous reporting year that occurs annually from July 1st to June 30th.


The MS4 Program Plan is executed through the implementation of  the six following Minimum Control Measures or MCMs and associated Best Management Practices (BMPs):


2.3.1        MCM – 1: Public Education and Outreach on Stormwater Impacts

Implement a public education and outreach program that is designed with consideration of the following goals; the Environmental Engineer is responsible for implementing MS4 Public Education and Outreach activities:


2.3.2        MCM – 2: Public Involvement/Participation

Public involvement actions shall include maintaining an updated MS4 Program Plan in conjunction with the Annual Report; updated Program Plan and Annual Report is posted on the Jefferson Lab webpage at:



Public participation shall include participation in at least four environmental-related activities on an annual basis that focus on reducing stormwater pollution, improving water quality, and increasing awareness of regional stormwater concerns.  The ESH Environmental Engineer is responsible for annual participation/involvement in MS4 related activities.


2.3.3        MCM – 3: Illicit Discharge Detection and Elimination

Jefferson Lab shall develop, implement, and enforce a program to detect and eliminate illicit discharges to the Jefferson Lab MS4.  The ESH Environmental Engineer and Environmental Technician are responsible for implementation of Jefferson Lab’s IDDE program.


2.3.4        MCM – 4: Construction Site Stormwater Runoff Control

Jefferson Lab shall implement a Construction Site Stormwater Runoff Control program that is compliant with the requirements of VSMP regulations; The ESH Environmental Engineer and Facilities Management & Logistics (FML) Engineers are responsible for implementation of Jefferson Lab’s Construction Site Stormwater Runoff Control program as applicable.


2.3.5        MCM – 5: Post-Construction Stormwater Management in New Development and Development on Prior Developed Lands

Jefferson Lab shall address post-construction stormwater runoff that enters the MS4 from new development and development on prior developed lands.  The ESH Environmental Engineer and FML Engineers are responsible for post-construction stormwater management of facilities located onsite.


2.3.6        MCM – 6: Pollution Prevention (P2)/Good Housekeeping for Municipal Operations

Jefferson Lab shall implement P2/Good Housekeeping requirements established in the Spill Prevention Control and Countermeasures (SPCC) Plan, the Jefferson Lab Annual Standards and Specifications for SWM and E&SC, and the Jefferson Lab Environmental Management System (EMS).  The ESH Environmental Engineer is responsible for implementation of Jefferson Lab’s SPCC Plan/Program, Annual Standards & Specifications for SWM and E&SC, and the Jefferson Lab EMS.  However, it is the general responsibility of all personnel working onsite to be aware of pollution prevention practices in their respective work areas onsite and to maintain good housekeeping measures.


2.4              Chesapeake Bay Total Maximum Daily Load (TMDL) Special Conditions reduction requirements:


Beginning in 1998, the Chesapeake Bay and its associated tributaries were listed as impaired due to not meeting water quality standards for nitrogen, phosphorus, and sediment levels.  In 2010, the U.S. Environmental Protection Agency (EPA) issued the requirement for the development of a Total Maximum Daily Load (TMDL) for each contaminant.  Watershed Implementation Plans (WIP) developed by the Chesapeake Bay area states was designed as the mechanism for achieving the required pollutant reductions.


The Phase I and Phase II Chesapeake Bay TMDL WIP developed by the Commonwealth of Virginia committed to a ‘phased approach’ to reducing the applicable nutrient and sediment loads.  In order to accomplish this, the Commonwealth developed the Chesapeake Bay TMDL Special Condition in the MS4 General Permit.  The Chesapeake Bay TMDL Special Condition requires MS4 operators to develop a Chesapeake Bay TMDL Action Plan approved by DEQ to address the required reductions. 


Jefferson Lab’s Chesapeake Bay TMDL Action Plan was due to DEQ with the Annual Report for the reporting period of July 1, 2014 to June 30, 2015 and was submitted prior to October 1, 2015.  Jefferson Lab’s DEQ approved Chesapeake Bay TMDL Action Plan successfully demonstrated that the Lab met the requirements of the permit Special Condition for the Chesapeake Bay for the first permit cycle and will meet the reduction goals by the end of the second permit cycle on June 30, 2023. 


Jefferson Lab’s Chesapeake Bay TMDL Action Plan shows that the Lab has:


·         Identified any new or modified legal authorities implemented or requiring implementation in order to meet the requirements of the MS4 General Permit;

·         Calculated the total load and cumulative reductions from each river basin;

·         Determined reductions achieved for each river basin as of July 1, 2018;

·         Defined all BMPs implemented to achieve the required reductions prior to July 1, 2018;

·         Met the requirement for public comment response period;

·         Demonstrated how the Lab will meet the 2nd Permit Cycle reduction requirements.


3.0             References



·         DEQ General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4) – General Permit No. VAR040079

·         DEQ General Permit for Discharges of Stormwater from Construction Activities – 9VAC25-880


Laws and Regulations:

·         The Clean Water Act

·         State Water Control Law

·         VSMP Regulations – 9VAC25-870

·         Virginia E&SC Regulations – 9VAC25-840

·         Virginia E&SC Handbook, 3rd Edition 1992

·         VPDES Regulations – 9VAC25-31


Laboratory Programs and Plans:

·         Jefferson Lab SPCC Plan

·         Jefferson Lab EMS

·         Jefferson Lab Annual Standards and Specifications for SWM and E&SC

·         Jefferson Lab MS4 Program Plan


4.0             Revision Summary


Revision 0.1 – 03/23/2021 – Periodic Review; reviewed and made minor updates to reflect current process per MOA-2020-10-01-02, updated footer and header, no approval needed for minor edits

Revision 0.0 – 10/27/17 – Initial Content