[Code 1991, § 18-130]
A.
It shall be unlawful for any significant industrial user (SIU) or
waste hauler to discharge wastewater to the POTW without a permit
issued by the DPW as provided by this section.
B.
Any SIU already discharging industrial waste into the POTW as of
the effective date of the ordinance from which this article is derived,
and desiring to continue such discharge in the future, shall, within
90 days after such date, apply to the DPW for a permit.
C.
Any SIU desiring to commence or recommence discharging industrial
wastes after the effective date of the ordinance from which this article
is derived shall obtain a permit prior to commencing the discharge
of such wastes into any public sewer. An application for a permit
must be filed at least 90 days prior to the anticipated start-up date.
D.
Any user not currently required by this article to have a permit
but who becomes subject to a categorical pretreatment standard shall
apply to the DPW for a permit within 180 days after the promulgation
of such categorical standard.
[Code 1991, § 18-131]
In support of an application for an industrial discharge permit,
a significant industrial user shall submit, in units and terms appropriate
for evaluation, the following information:
A.
The name and address of the SIU and the owner and operator of the
SIU's premises.
B.
The location of the SIU's premises.
C.
The nature, average rate of production, and Standard Industrial Classification
codes for the operation carried out by the SIU. This description shall
include a schematic process diagram.
D.
Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly, and seasonal variations, if any, from the regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set forth in 40 CFR 403.6(e).
E.
The nature and concentration of pollutants in the discharge from
each regulated process and the identification of the applicable pretreatment
standards and requirements. The concentration shall be reported as
a daily maximum and as an average level (or mass, where required)
as provided in the applicable pretreatment standard.
F.
A description of each product produced, by type, amount, process,
and rate of production.
G.
The type and amount of raw materials processed (average and maximum
per day).
H.
The number and type of employees, hours of operation, and proposed
or actual hours of operation of the pretreatment system.
I.
A plot of the property and of the proposed pretreatment facilities,
showing the location of all sampling and monitoring points.
J.
Site plans, floor plans, mechanical and plumbing plans and details
showing all sewers, sewer connections, and appurtenances by size,
location, and elevation.
K.
A minimum of four grab samples for pH, cyanide, total phenols, oil
and grease, sulfide, and volatile organics. For all other pollutants,
a twenty-four-hour composite sample must be provided through flow-proportional
composite sampling techniques, where feasible. The DPW may waive flow-proportional
composite sampling for any SIU able to demonstrate that flow-proportional
sampling is not feasible. In such cases, samples may be obtained through
time-proportional composite sampling techniques or through a minimum
of four grab samples where the SIU demonstrates that this will provide
a representative sample of the effluent being discharged. The SIU
shall take a minimum of one representative sample to compile the data
necessary to comply with the requirements of this subsection. Samples
required by this subsection shall be taken immediately downstream
from pretreatment facilities, if they exist, or immediately downstream
from the regulated process, if no pretreatment exists.
L.
The nature and concentration of any pollutants in the discharge which
are limited by any local, state or federal pretreatment standards,
with a statement, signed by a registered professional engineer, indicating
whether or not the pretreatment standards are being met on a consistent
basis. If not, the statement shall indicate whether additional operation,
maintenance, or pretreatment is required for the SIU to meet applicable
pretreatment standards.
M.
A baseline monitoring report that utilizes historical data only,
consisting of information sufficient to determine the need for pretreatment
measures. Such report shall indicate the time, date, and place of
current sampling procedures and the methods of analysis, and shall
include applicant certification that such procedures and analysis
are representative of normal work cycles and expected pollutant discharges
to the POTW.
N.
A list of all environmental control permits held by or for the SIU's
facility.
O.
If additional pretreatment, operation, or maintenance is required
to meet pretreatment standards, the shortest practicable time schedule
necessary to provide such additional pretreatment, operation, or maintenance.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. The compliance
schedule must be approved by the DPW. The following conditions shall
apply to this schedule:
(1)
The schedule shall contain increments of progress in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the SIU to meet the applicable pretreatment standards;
(2)
No increment of progress referred to in Subsection O(1) of this section shall exceed nine months;
(3)
No later than 14 days following each date in the schedule and the
final date for compliance, the SIU shall submit a progress report
to the DPW including, as a minimum, whether or not it complied with
the applicable increment of progress, the reason for any delay, and
the steps being taken by the SIU to return to the established schedule;
and
(4)
A SIU providing additional pretreatment on an approved schedule may
continue to make discharges to the POTW as long as the discharges
do not exceed the amounts and types indicated in its permit. However,
when construction is completed, the SIU shall meet the final limits
in its permit.
[Code 1991, § 18-132]
The City shall evaluate the data furnished by the applicant
in its application for an industrial discharge permit and may require
additional information deemed necessary by the DPW to evaluate the
application in accordance with the terms of this article. After evaluation
and acceptance of the data furnished, the City may either issue a
permit, subject to the terms and conditions provided in this article,
or refuse to issue such permit.
[Code 1991, § 18-133]
A.
Industrial discharge permits shall contain the following conditions:
(1)
A statement indicating permit duration, which shall not exceed five
years;
(2)
A statement that the permit is nontransferable, except as otherwise provided by § 74-269, and that the permittee shall provide any new owner or operator with a copy of the existing permit;
(3)
Effluent limits based on applicable standards in federal, state,
and local laws and regulations;
(4)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include the identification
of pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local laws and regulations;
and
(5)
A statement of applicable civil, criminal, and administrative penalties
for violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable federal, state,
or local laws and regulations.
B.
Permits shall include such other conditions as are reasonably deemed
necessary by the DPW to prevent pass-through or interference, to protect
the quality of state waters, or to protect the operations of the POTW.
C.
Permits may contain, but need not be limited to, the following conditions:
(1)
Limits on the average and/or maximum rate of discharge, and time
of discharge, and/or requirements for flow regulation and equalization;
(2)
Limits on the instantaneous, daily, and monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties;
(3)
Requirements for the installation of pretreatment technologies or
pollution controls, or construction of appropriate containment devices
designed to reduce, eliminate, or prevent the introduction of pollutants
into the POTW;
(4)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or routine
discharges;
(5)
Requirements for the development and implementation of waste minimization
plans to reduce the amount of pollutants discharged to the POTW;
(6)
The unit charge or schedule of SIU charges and fees for the management
of the wastewater discharged to the POTW;
(7)
Requirements for the installation and maintenance of inspection and
sampling facilities and equipment;
(8)
A statement that compliance with the permit does not relieve the
permittee of responsibility for compliance with all applicable federal
and state pretreatment standards, including those which become effective
during the term of the permit; and
(9)
Other conditions, as deemed appropriate by the DPW, to ensure compliance
with this article and other federal, state, and local laws, rules,
and regulations.
[Code 1991, § 18-134]
Permits issued under this division shall be issued for a specified
time period, not to exceed five years. At the discretion of the DPW,
a permit may be issued for less than five years, provided the permit
includes a specific expiration date. The DPW may also temporarily
extend a permit for not more than 12 months.
[Code 1991, § 18-135]
Each significant industrial user shall report the following
proposed changes in permit conditions at least 90 days prior to such
change:
[Code 1991, § 18-136]
A.
The DPW may modify a permit issued under this division for good cause,
including, but not limited to, the following:
(1)
The inclusion of new or revised federal, state, or local pretreatment
standards or requirements;
(2)
Significant alterations or additions to the SIU's operations,
processes, or wastewater volume or character since the time of permit
issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the POTW, county or City personnel, or the receiving waters;
(5)
The violation of any term or condition of the permit;
(6)
Misrepresentation or the failure to disclose fully all relevant facts
in the permit application or in any required reporting;
(7)
The revision of, or variance from, categorical pretreatment standards
pursuant to 40 CFR 403.13;
(8)
Typographical or other errors in the permit; or
(9)
A transfer of ownership or operation of the SIU's facilities
or premises to a new owner/operator.
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The filing of a request by the permittee for a permit modification
shall not stay any permit condition.
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B.
The SIU shall be informed of any proposed change in its permit at
least 30 days prior to the effective date of such change. Any change
or new condition in the permit shall include a reasonable time schedule
for compliance.
C.
Within 90 days of the promulgation of a categorical pretreatment standard that is applicable to any permittee, the permittee shall submit an application to modify its permit in order to meet such standard within the timeframe prescribed therein. In addition, the permittee shall submit to the DPW within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by § 74-262L and N.
D.
The DPW shall have the authority to impose compliance schedules for
the installation of new technology deemed by the DPW to be necessary
to meet modified permit conditions, and to require compliance schedule
progress reports.
[Code 1991, § 18-137]
A permittee under this division shall apply for permit reissuance by submitting a complete permit application in accordance with § 74-262 a minimum of 180 days prior to the expiration of the existing permit.
[Code 1991, § 18-138]
Each permit issued under this division shall be issued to a
SIU for a specific operation. A permit shall not be assigned or transferred
to a new owner or SIU or to different premises without the prior written
approval of the City. Any succeeding owner or SIU shall automatically
be required to comply with the terms and conditions of the existing
permit.
[Code 1991, § 18-139]
A.
Baseline monitoring reports. Within 180 days after the effective date of a categorical pretreatment standard or 180 days after the final administrative decision made upon a category determination under 40 CFR 403.6A(4), whichever is later, both existing industrial users and significant industrial users subject to categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall submit to the DPW as directed a baseline monitoring report containing the information listed in § 74-262. When such reports containing such information have already been submitted to the DPW, the industrial user or SIU will not be required to submit this information again. New sources and sources that become SIUs subsequent to the promulgation of applicable categorical pretreatment standards shall submit to the DPW such a report at least 90 days before commencing discharge to the POTW. New sources shall estimate concentration, flow, and production data.
B.
Compliance date reports, schedules, and compliance schedule reports.
(1)
Within 90 days following the date for final compliance with applicable
pretreatment standards, or, in the case of a new source, following
commencement of the introduction of wastewater into the POTW, any
SIU subject to such standards shall submit to the DPW, or as directed
by the DPW, an initial compliance date report indicating the nature
and concentration of all pollutants in its discharge which are limited
by pretreatment standards and the average and maximum daily flows
during the reporting period. The report shall state whether the applicable
pretreatment standards are being met on a consistent basis and, if
not, what additional operations, maintenance or pretreatment are necessary
to bring the SIU into compliance with the applicable pretreatment
standards. SIUs subject to production-based standards must submit
actual production rate data for the appropriate sampling period.
(2)
If a SIU is not meeting pretreatment standards or if the DPW anticipates
that a SIU will be unable to meet such standards in the future except
by installing or modifying equipment or technology, the DPW shall
have the authority to impose a compliance schedule for the installation
or modification of equipment and technology and to require compliance
schedule progress reports.
C.
Periodic compliance reports and self-monitoring.
(1)
Every SIU subject to pretreatment standards shall, after the compliance
date of such pretreatment standards, or, in the case of a new source,
after commencement of the discharge into the POTW, submit to the DPW
during the months of June and December, unless required more frequently
in the pretreatment standards or by the DPW, a report indicating the
nature and concentration of pollutants in the discharge which are
limited by such pretreatment standards (and a reasonable measure of
the SIU's longterm production rates). If a SIU is subject to
categorical pretreatment standards with only production-based limits,
actual average production rate data for the reporting period must
be given. In addition, the report shall include a record of all average
and maximum daily flows during the reporting period. The DPW may alter
the months during which such reports are submitted. Self-monitoring
report schedules and requirements will be stated in each permit.
(2)
If the DPW has imposed mass limitations on an SIU pursuant to § 74-233, the report required by Subsection A of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the SIU. The frequency, content and analysis requirements of monitoring shall be prescribed in the permit. All analyses shall be performed in accordance with procedures established by the DPW pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the DPW.
(3)
If required by the DPW, permittees shall perform periodic measurements
of flow, suspended solids, BOD, and other appropriate waste characteristics.
The DPW shall determine the number of twenty-four-hour flow measurements
and samples required. Continuous monitoring may be required in cases
involving large fluctuations in the quantity or quality of wastes
or if the wastewater appears to have characteristics which may damage
the treatment system. The acceptability of any monitoring results
shall be determined by the DPW. Self-monitoring type, frequency, parameters,
and location shall be specified in the permit.
D.
Monitoring facilities.
(1)
The DPW may require a permittee to provide and operate, at the SIU's
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the SIU's building sewer and/or internal
drainage systems. The monitoring facility shall normally be situated
on the SIU's premises but the City may, when such a location
would be impractical or cause undue hardship on the SIU, allow the
facility to be constructed on public property.
(2)
There shall be ample room in or near any sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility, sampling, and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the SIU.
(3)
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with City requirements
and shall be completed within 90 days following written notification
by the City.
[Code 1991, § 18-140]
A.
All sampling and analysis shall be performed by qualified laboratories acceptable to the DPW and shall be certified in accordance with § 74-272. Sample collection and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement or judicial proceedings.
B.
Samples shall represent the waste flow from the premises over a single
workday. The samples shall be time-composited or flow-proportional,
with such compositing being performed either manually or by automatic
sampling equipment. The sample compositing technique must be approved
in advance by the DPW.
C.
The handling, storage and analysis of all samples shall be performed
in accordance with 40 CFR part 136 or other EPA-approved methods.
[Code 1991, § 18-141]
All permit applications and reports required by this article
shall contain the following certification statement and be signed
by an authorized representative of the industrial user:
"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 significant penalties for submitting false
information, including the possibility of fines and imprisonment for
knowing violations."
[Code 1991, § 18-142]
A.
The City and the county shall have the right to inspect the facilities
of any industrial user in order to ascertain whether the purposes
and the requirements of this article are being met. Persons or occupants
of premises where wastewater is created or discharged shall allow
the county, the City, or their representatives ready access at all
reasonable time to all parts of the premises for the purposes of inspection,
sampling, records copying, or the performance of their duties pursuant
to applicable law.
B.
The county, the City, the SWCB and the EPA shall have the right to
set up on the industrial user's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring,
or metering operations. Where an industrial user has security measures
in force which require proper identification and clearance before
entry into its premises, the industrial user shall make necessary
arrangements with its security guards so that, upon presentation of
suitable identification, personnel from the county, the City, the
SWCB or the EPA will be permitted entry at reasonable times for the
purpose of performing their respective responsibilities.
[Code 1991, § 18-143]
A.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits, monitoring programs,
and governmental inspections shall be available to the public without
restriction unless the industrial user specifically requests and is
able to demonstrate to the satisfaction of the City that the release
of such information would divulge information, processes, or methods
of production entitled to protection under the Virginia Freedom of
Information Act, Code of Virginia, § 2.2-3700 et seq., or
other applicable law. All documents submitted by an industrial user
to the county or the City pursuant to this article which the industrial
user seeks to keep confidential shall be stamped "confidential."
B.
Such confidential information and data shall be made available upon
written request to governmental agencies for uses related to this
article, the National Pollutant Discharge Elimination System permit,
or the state VPDES permit or pretreatment program. Such information
shall be available for use by the county, the City, the commonwealth,
or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents
and characteristics will not be recognized as protected information.
