|
Subdivision I: In General
|
[Ord. of 2-7-2011]
(a)
This division sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and/or treatment systems
owned or operated by or for the Town, and enables the Town to comply
with all applicable state and federal laws required by the Clean Water
Act of 1977 and the general pretreatment regulations (40 C.F.R. 403)
and Va. Permit Regulation Part VII issued and amended from time to
time by the commonwealth.
(b)
The objectives of this regulation are to:
(1)
Prevent the introduction of pollutants into the Town's wastewater
systems which will interfere with the operation of the system or contaminate
the resulting sludge;
(2)
Prevent the introduction of pollutants into the Town's wastewater
systems which will pass through the system, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible
with the system;
(3)
Ensure that the quality of the wastewater treatment plant sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations;
(4)
Promote reuse and recycling of industrial wastewater and sludge
from the POTW;
(5)
Enable the Town to comply with its VPDES permit conditions,
sludge use and disposal requirements, and any other federal or state
laws to which the POTW is subject;
(6)
Protect both POTW personnel who may be affected by wastewater
and sludge in the course of their employment and to protect the general
public;
(7)
Provide for fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the POTW.
(c)
This division shall apply to the Town and to persons outside the
Town, including Washington County, who are, by contract or agreement
with the Town, users of the Town's sewage collection systems and/or
sewage treatment facilities.
[Ord. of 2-7-2011; Ord. No. 2020.03.02.E, 3-2-2020]
Except as otherwise provided herein, the Town Manager shall
administer, implement, and enforce the provisions of this division.
The Town Manager may delegate any powers granted to or duties imposed
upon the Town Manager to other Town personnel.
|
Subdivision II: Regulations
|
[Ord. of 2-7-2011]
No user shall contribute or cause to be contributed, directly
or indirectly, any pollutant or wastewater which will cause pass through
or interfere with the operation or performance of the POTW. These
general prohibitions apply to all such users of a POTW whether or
not the user is subject to national categorical pretreatment standards
or any other national, state, or local pretreatment standards or requirements.
[Ord. of 2-7-2011]
(a)
A user may not discharge the following substances to any POTW owned
and/or operated by the Town:
(1)
Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, waste streams with a closed cup flashpoint
of less than 140° F. or 60° C. using the test methods specified
in 40 C.F.R. 262.
(2)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the wastewater
treatment facilities, such as, but not limited to, grease, garbage
with particles greater than one-half inch in any dimension, animal
guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, dough, waste paper, wood, plastics, gas,
tar, asphalt residues, residues from refining or processing of fuel
or lubricating oil, mud or glass grinding or polishing wastes.
(3)
Any wastewater having a pH less than 5.0 or wastewater having
any other corrosive property capable of causing damage or hazard to
structures, equipment, and/or personnel of the POTW.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, cause the POTW's effluent to fail a toxicity
test therefore create a toxic effect in the receiving waters of the
POTW, or to exceed the limitation set forth in a categorical pretreatment
standard. A toxic pollutant shall include, but not be limited to,
any pollutant identified pursuant to Section 307(a) of the Act.
(5)
Any noxious or malodorous liquids, gases, or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for their maintenance and repair.
(6)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
where the POTW is pursuing a reuse and reclamation program. In no
case shall a substance discharged to the POTW cause the POTW to be
in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Water Act, the
Toxic Substances Control Act, or state criteria applicable to the
sludge management method being used.
(7)
Sludges, screenings, or other residues from the pretreatment
of industrial wastes.
(8)
Any substance which will cause the POTW to violate its VPDES
and/or state disposal system permit or the receiving water quality
standards.
(9)
Any waste producing excessive discoloration of wastewater or
treatment plant effluent.
(10)
Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment resulting in interference, but in no
case wastewater with a temperature at the introduction into the POTW
which exceeds 40° C. (104° F.).
(11)
Any pollutants, including oxygen demanding pollutants (BOD,
etc.) released at a flow and/or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference
to the POTW. In no case shall a slug load have a flow rate or contain
concentration or qualities of pollutants that exceed for any time
period longer than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation.
(12)
Medical wastes, except as specifically authorized by the facility
manager in a wastewater discharge permit.
(13)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Town in compliance with applicable state or federal regulations.
(14)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(15)
Any slug discharge of such high volume or strength to cause
interference.
(16)
Any water or wastewater discharges which contain substances
that may:
a.
Deposit grease or oil in the sewer lines in such a manner as
to clog the sewers.
b.
Overload skimming and grease handling equipment.
c.
Pass to the receiving water without being effectively treated
by the normal wastewater treatment process due to the non-amenability
of the substance to bacterial action.
d.
Deleteriously affect the wastewater treatment process due to
excessive quantities.
(17)
Petroleum oil, non-biodegradable cutting oil or products of
mineral oil origin in amounts that will cause interference or pass
through, but in no instance shall exceed 100 mg/l for discharges to
the POTW.
(18)
Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 200 mg/l for discharges to the POTW.
(19)
Pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in quantity that may cause acute worker health
and safety problems.
(20)
Any trucked or hauled pollutants except at discharge points
designated by the POTW.
(21)
Detergents, surface active agents, or other substances which
may cause excessive foaming in the POTW.
(22)
Any wastewater originating from truck and automobile washes
where placarded trucks, tankers or trailers carrying chemicals are
washed.
(23)
Any significant quantities of unpolluted water, such as rainwater,
stormwater, groundwater, street drainage, yard drainage, water from
yard fountains, ponds, or lawn sprays.
(24)
Any significant quantities of single pass cooling water.
(25)
Any excessive amounts of deionized water, distilled water, steam
condensate, heating and/or air conditioning condensate or cooling
water, and/or discharges from heat pumps.
(26)
Any excessive quantity of blow-down or bleed water from cooling
towers or other evaporative coolers exceeding one-third of the makeup
water.
(27)
Any significant quantities of inorganic material.
(28)
Any waste containing dissolved sulfides in amounts which would
be hazardous, cause damage to the sewerage system, or create a public
nuisance.
(29)
Any waste containing solids of such character and quantity that
special and unusual attention is required for their handling.
(30)
Any significant quantity of total toxic organics (TTO) which
exceeds 2.13 mg/l, or in which the BTEX (benzene, toluene, ethylbenzene
and xylene) concentration exceeds one mg/l.
(31)
Any waste which would be a hazardous waste as defined under
40 C.F.R. 261 and VR 672-10-1, Part I.
(32)
Any waste pharmaceuticals or medications, including expired
or unused human or animal treatment prescription or over-the-counter
medications.
(b)
Pollutants, substances, or wastewater prohibited by this section
shall not be processed in such a manner that they could be discharged
to the POTW. Bulk storage areas shall be contained such that spillage
or leakage cannot enter the sanitary sewer system.
(c)
All floor drains located in process or materials storage areas must
discharge to the user's pretreatment facility before connecting to
the POTW, or shall be plugged or disconnected.
[Ord. of 2-7-2011]
The categorical pretreatment standards found at 40 C.F.R. Chapter
I, Subchapter N, Parts 405 through 471, are hereby incorporated.
(a)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the facility manager may impose equivalent concentration or mass limits
in accordance with 40 C.F.R. 403.6(c).
(b)
When the limits in a categorical pretreatment standard are expressed
only in terms of mass of pollutant per unit of production, the facility
manager may convert the limits to equivalent limitations expressed
either as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
industrial users in accordance with 40 CFR 403.6(c)(2).
(c)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the facility
manager shall impose an alternative limit using the combined waste
stream formula in 40 C.F.R. 403.6(e).
(d)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 C.F.R. 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(e)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 C.F.R. 403.15.
[Ord. of 2-7-2011]
State requirements and limitations on pretreatment discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this division.
[Ord. of 2-7-2011]
(a)
The Town may apply local limits through issuance of industrial user
permits or general permits, as provided in subdivision III of this
division. The Town may apply local limits based on EPA categorical
pretreatment standards, state water quality standards or criteria,
treatment plant process inhibitions, or sludge disposal standards,
as necessary to comply with the general prohibitions against pass
through, interference, and sludge contamination in 40 C.F.R. Part
403 and 9 VAC 25-31-10, Part VII. The local limits may be stricter
than EPA categorical limits, if determined necessary by the POTW.
(b)
The following pollutant limits are established to protect against
pass through and interference. No person shall discharge wastewater
containing in excess of the following daily maximum limits.
|
0.68 mg/l arsenic
|
|
0.07 mg/l cadmium
|
|
1.73 mg/l chromium
|
|
0.31 mg/l hexavalent chromium
|
|
1.66 mg/l copper
|
|
0.21 mg/l cyanide
|
|
0.81 mg/l lead
|
|
0.0007 mg/l mercury
|
|
1.34 mg/l nickel
|
|
0.12 mg/l selenium
|
|
1.91 mg/l silver
|
|
27.9 mg/l total phenols
|
|
1.35 mg/l zinc
|
The above limits apply at the point where the wastewater
is discharged to the POTW. All concentrations for metallic substances
are for total metal unless indicated otherwise. The Town Manager may
impose mass limitations in addition to the concentration based limitations
above.
(d)
The discharge of wastewater containing BOD5, total suspended solids,
ammonia, chloride, and other constituents in excess of those found
in normal wastewater must be approved by the facility manager or other
authorized representative, and may be subject to surcharges.
[Ord. of 2-7-2011]
The Town reserves the right to establish by regulation more
stringent limitations or requirements on discharges to the wastewater
disposal system if deemed necessary to comply with the objectives
presented in this division.
[Ord. of 2-7-2011]
No user shall ever increase the use of process water or, in
anyway, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards, or in
any other pollutant-specific limitation developed by the Town or state.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
It is the policy of the Town and the purpose of §§ 74-98 through 74-103 to establish a separate procedure for the enforcement of the sewer use standards arising from the actual or potential illegal discharge of unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage into the public sanitary sewer system. The inflow or infiltration of stormwater into the public sewer system constitutes a direct threat to public health, safety and welfare, since this discharge or infiltration overloads the public sewer system, thereby causing sewer overflows and sewer backups into homes and businesses. This discharge or infiltration increases the cost and expense to all sewer users and citizens, since the overloads to the sewer system result in higher operating costs at the wastewater treatment plant and higher capital costs for expansions of the public sewer system.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
(a)
The
Town Manager, or designee, shall be vested with the authority and
responsibility to enforce the provisions of these sections and to
make determinations with respect to the actual or potential illegal
or improper discharge, inflow or infiltration of stormwater, surface
water, groundwater, roof runoff or subsurface drainage into the public
sanitary sewer system.
(b)
A determination
with respect to an actual or potential illegal or improper discharge,
inflow or infiltration of stormwater, surface water, groundwater,
roof runoff or subsurface drainage into the public sanitary sewer
system from the property of a sewer user or any other person shall
be based upon the following:
(1)
"Category
1 defects" are defined as:
a.
Direct
connections (inflow) to the public sewer of sump pumps (including
overflows), holes in floor drains, downspouts, foundation drains,
and other direct sources of inflow, including but not limited to visible
evidence of ground/surface water entering drains through doors or
cracks in floors and walls, yard drains, area way drains, patio drains,
holes or breaks in sewer laterals, or in topographic depressions or
ditches as noted during field inspections by the Town or its contractors.
b.
Failure
to allow or complete required inspection(s) to determine compliance.
(2)
Category
II defects are defined as leaking or sheared laterals or any other
sources of inflow or infiltration as noted during field inspections
by the Town or its contractors.
(c)
The Town Manager, or designee, shall provide written notice by certified mail to the sewer user, property owner or other responsible person of any violation of these sections or of § 74-100 of this Code. This notice shall describe the nature of the violation, the corrective measures necessary to achieve compliance, the time period for compliance, the amount of the monthly surcharge until corrected, and the appeal process.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
(a)
For structures or property with actual or potential discharge, considered to be a Category I defect, the sewer user, property owner or other responsible person shall be given six months to correct the illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Town Manager, or designee, within six months from the date of the notice provided in § 74-99, then the Town shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of § 100 per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the Town shall terminate the water service to the property.
(b)
For structures or property with actual or potential discharge considered to be a Category II defect, the sewer user, property owner or other responsible person shall be given six months to correct the actual or potential illegal or improper activities or facilities contributing to the discharge, infiltration or inflow into the public sanitary sewer system. If corrective measures to eliminate the actual or potential illegal or improper discharge, infiltration or inflow into the public sanitary sewer system are not completed and approved by the Town Manager, or designee, within six months from the date of the notice provided in § 74-99, then the Town shall impose upon the sewer user, property owner or other responsible person a monthly surcharge in the amount of 20% of the sewer user, property owner or other responsible person's sewer bill per month until the required corrective measures are completed and approved. If the property owner or responsible party fails to pay the monthly surcharge when due and payable, then the Town shall terminate the water service to the property.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
(a)
The
sewer user, property owner or other responsible person shall correct
the actual or potential illegal or improper activities or facilities
contributing to the discharge, infiltration, or inflow into the public
sanitary sewer system. These corrective measures to eliminate the
actual or potential illegal or improper discharge, infiltration, or
inflow into the public sewer system shall be taken upon notice from
the Town Manager or designee. Once these corrective measures have
been implemented, the sewer user, property owner, or other responsible
person shall request in writing that the Town Manager or designee
inspect the corrective measures to verify compliance with this chapter.
(b)
Any
monthly surcharge imposed by the provisions of these sections, or
any termination of water service arising from a failure to pay the
monthly surcharge, shall continue until the Town Manager or designee
determines that the corrective measures are in compliance with the
provisions of this chapter.
(c)
If
water services has been terminated under these sections, the sewer
user, property owner, or other responsible person may request resumption
of water and sewer service as follows:
(1)
By taking the corrective measures specified in the notice, and by
eliminating the actual or potential discharge, infiltration, or inflow
into the public sanitary sewer system.
(2)
By requesting an inspection and determination by the Town Manager
or designee as provided in this section.
(3)
By submitting a written request to the Town Manager or designee requesting
reinstatement of public water service and verifying that all standards
of this chapter have been satisfied.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
(a)
The
Town Manager and other duly authorized employees of the Town bearing
proper credentials and identification shall be authorized to enter
any public or private property at any reasonable time for the purpose
of enforcing these sections, including but not limited to inspecting
for discharges, inflow or infiltration. Anyone acting under this authority
shall observe the establishment's rules and regulations concerning
safety, internal security, and fire protection.
[Added 4-4-2022 by Ord. No. 2022.05.04.A]
(a)
Any
sewer user, property owner, or responsible person may appeal a determination
of the Town Manager or his designee within 14 days of the receipt
of the Town Manager's written decision by submitting a written notice
of appeal to the Clerk of the Town Council. This notice of appeal
shall state the grounds for the appeal.
(b)
Upon
receipt of such notice of appeal, the Clerk shall schedule a public
hearing before the Town Council at a time not more than 30 days after
the receipt of the notice. Such hearing shall be advertised at the
expense of the appellant and notice given once a week for two successive
weeks in some newspaper published or having general circulation in
the Town, specifying the time and place of hearing at which persons
affected may appear and present their views, not less than five days
nor more than 21 days after the second advertisement appears in such
newspaper.
[Ord. of 2-7-2011]
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards, local limits, and the prohibitions set out in Section 74-92 above within the time limitations specified by the EPA, the state, or the facility manager, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing the pretreatment facilities and operating procedures shall be submitted to the facility manager or environmental compliance supervisor for review, and shall be acceptable to the facility manager or environmental compliance supervisor before construction of the facilities. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facilities as necessary to produce a discharge acceptable to the Town under the provisions of this article.
[Ord. of 2-7-2011]
(a)
Whenever deemed necessary, the facility manager may require users
to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate
and/or consolidate points of discharge, separate sewage waste streams
from industrial waste streams, and such other conditions as may be
necessary to protect the POTW and determine the industrial user's
compliance with the requirements of this article.
(b)
The facility manager may require any person discharging into the
POTW to install and maintain, on their property and at their expense,
a suitable storage and flow-control facility to ensure equalization
of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(c)
Grease, oil, and sand interceptors shall be provided when, in the
opinion of the facility manager or authorized representative, they
are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand; except that such interceptors
shall not be required for residential users.
(1)
All interception units shall be of type and capacity approved
by the facility manager or authorized representative and shall be
so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly,
as needed, by the user at his expense.
(2)
The facility manager or authorized representative shall require
any restaurant, cafe, fast food chain, cafeteria, or other business
or individual discharging grease or other kitchen waste into the sewer
system of the Town which would substantially interfere with or be
incompatible with the waste treatment works or to install a grease
trap in its sewer lines, of a type and size to be prescribed by the
facility manager or authorized representative.
(3)
In the issuance of building permits on newly constructed buildings,
the facility manager or authorized representative shall require restaurants,
cafes, fast food chains, cafeterias, businesses or individuals who
will be discharging grease or other kitchen waste to install adequate
grease traps of a type and size to be prescribed by the facility manager,
or authorized representative.
(4)
Any person who refuses to install such adequate grease trap
after being notified by the Town's facility manager or authorized
representative shall be guilty of a misdemeanor and each day's violation
shall be punished as a Class I misdemeanor.
(d)
Any establishment (dental offices, medical offices, radiology offices,
veterinary clinics, and photo-processing and printing businesses,
etc.) that produce and discharge waste containing silver shall be
required to install pretreatment equipment to remove silver to meet
local limits. An alternative to pretreating silver bearing waste is
to store on-site for subsequent off-site disposal.
(e)
Any establishment (garages, shops, car and truck washes, etc.) that
may discharge hydrocarbons and other petroleum products into the Town's
sewer systems shall be required to install oil/water separators as
specified by the facility manager or authorized representative.
(f)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(g)
Other new and existing business establishments with the potential
to discharge pollutants of a nature or concentration that may impact
the POTW, as determined by the Town, may be required to install the
appropriate pretreatment facilities and abide by all pretreatment
standards and requirements.
[Ord. of 2-7-2011]
(a)
Each user shall provide protection from any accidental or slug discharge
of prohibited materials or other substances regulated by this division.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or users' own cost
and expense. Detailed plans showing facilities and operating procedures
to provide this protection shall be approved by the Town before construction
of the facility. No user who commences contribution to the POTW after
the effective date of this division shall be permitted to introduce
pollutants into the system until accidental discharge/slug control
procedures have been approved by the Town. Review and approval of
such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify the user's facility as necessary
to meet the requirements of this division. In the case of an accidental
or slug discharge, it is the responsibility of the user to immediately
telephone and notifies the POTW of the incident. The notification
shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
(b)
The Town may require any industrial user to develop and implement
an accidental discharge/slug control plan. At least once every two
years the Town shall evaluate whether each significant industrial
user needs such a plan. Any industrial user required to develop and
implement an accidental discharge/control slug plan shall submit a
plan which addresses, at a minimum, the following:
(1)
Description of discharge practices, including non-routine batch
discharges.
(2)
Description of stored chemicals.
(3)
Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Section 74-92 of this division.
(4)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
(c)
Within 10 days following an accidental or slug discharge, the user
shall submit to the Town a detailed written report describing the
cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve
the user of any expense, loss, damage, or other liability which may
be incurred as a result of damage to the POTW, fish kills, or any
other damage to person or property; nor shall such notification relieve
the user of any fines, civil penalties, or other liability which may
be imposed by this article or other applicable law.
(d)
A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event
of a dangerous discharge. Employers shall ensure that all employees
who may cause or suffer such a dangerous discharge to occur are advised
of the emergency notification procedure.
[Ord. of 2-7-2011]
(a)
Septic tank waste may be introduced into the POTW only at locations
designated by the facility manager, and at such times as are established
by the facility manager. Such waste shall not violate any requirements
established by the Town. The facility manager may require septic tank
waste haulers to obtain wastewater discharge permits.
(b)
Grease trap waste from commercial food establishments discharging
wastewater to the Town sewer system may be introduced into the POTW
only at locations designated by the facility manager, and at such
times as are established by the facility manager. Such waste shall
not violate any requirements and regulations established by the POTW
and the Town. The facility manager may require waste haulers to obtain
wastewater discharge permits.
(c)
The facility manager shall require haulers of industrial waste to
obtain wastewater discharge permits. The facility manager may require
generators of hauled industrial waste to obtain wastewater discharge
permits. The facility manager may also prohibit the disposal of hauled
industrial waste. The discharge of hauled industrial waste is subject
to all other requirements of this division.
(d)
Industrial waste haulers may discharge loads only at locations designated
by the facility manager. No load may be discharged without prior consent
of the facility manager. The facility manager or his authorized agent
may collect samples of each hauled load to ensure compliance with
applicable standards. The facility manager may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
(e)
Industrial waste haulers, septic waste haulers, and grease waste
haulers must provide an approved hauling manifest for every load.
The manifests shall be provided by the Town for each waste hauler
to use.
(f)
The Town has the right to inspect, investigate, and monitor the waste
haulers, the loads that are brought to the POTW, and the customers
that the waste haulers service.
[Ord. of 2-7-2011]
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in sections 74-191 through 74-197 and 74-203 through 74-207 of this division.
|
Subdivision III: Administration
|
[Ord. of 2-7-2011; Ord. No. 2020.03.02.E, 3-2-2020]
When required by the Town Manager or designee, a user must submit
information on the nature and characteristics of its wastewater by
completing a wastewater survey within 60 days of the request. The
Town Manager or designee is authorized to prepare a form for this
purpose and may periodically require industrial users to update this
information. Failure to complete this survey shall be reasonable grounds
for terminating service to the user and shall be considered a violation
of this article.
[Ord. of 2-7-2011; Ord. No. 2020.03.02.E, 3-2-2020]
(a)
Individual wastewater discharge permit requirement:
(1)
No user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Town Manager or designee, except that a user that has filed a timely application pursuant to Section 74-125 of this division may continue to discharge for the time period specified therein.
(2)
The Town Manager or designee may require other users to obtain
wastewater discharge permits as necessary to carry out the purpose
of this division.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this division and subjects the wastewater discharge permittee to the sanctions set out in sections 74-191 through 74-197 and 74-203 through 74-207 of this division. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(b)
General permits requirement:
(1)
At the discretion of the Town Manager, the Town Manager or designee
may use general permits to control discharges to the POTW if the following
conditions are met. All facilities to be covered by a general permit
must:
a.
Involve the same or substantially similar types of operations;
b.
Discharge the same types of wastes;
c.
Require the same effluent limitations;
d.
Require the same or similar monitoring; and
e.
In the opinion of the Town Manager or designee, are more appropriately
controlled under a general permit than under individual wastewater
discharge permits.
(2)
To be covered by the general permit, the SIU or discharger must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 74-161(b) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the Town Manager or designee deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Town Manager has provided written notice to the SIU or discharger that such a waiver request has been granted in accordance with Section 74-161(b).
(3)
The Town Manager or designee will retain a copy of the general
permit, documentation to support the his or her determination that
a specific SIU or discharger meets the criteria in Section 74- 124(b.1)
and applicable state regulations, and a copy of the user's written
request for coverage for three years after the expiration of the general
permit.
(4)
The Town Manager or designee may not control an SIU or discharger through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined waste stream formula [§ 74-93(c)] or net/gross calculations [§ 74-93(e)].
[Ord. of 2-7-2011]
Any user required to obtain a wastewater discharge permit or general permit who was discharging wastewater into the POTW prior to the effective date of this division and who wishes to continue such discharges in the future, shall, within 60 days after official notification by the Town, apply to the facility manager for a wastewater discharge permit or general permit in accordance with Section 74-128 of this division, and shall not cause or allow discharges to the POTW to continue after 120 days of the notification date, except in accordance with a wastewater discharge permit issued by the facility manager.
[Ord. of 2-7-2011]
Any user required to obtain a wastewater discharge permit or general permit who proposes to begin or recommence discharging industrial waste into the POTW must obtain a wastewater discharge permit prior or general permit to the beginning or recommencing of such discharge. An application for this wastewater discharge permit or general permit, in accordance with Section 74-128 of this division, must be filed at least 120 days prior to the date upon which any discharge will begin or recommence.
[Ord. of 2-7-2011]
(a)
Any existing significant industrial user located beyond the Town corporate limits shall submit a wastewater discharge permit application, in accordance with Section 74-128 below, within 60 days of the effective date of this division. New significant industrial users located beyond the Town's corporate limits shall submit such applications to the Town 120 days prior to any proposed discharge into the POTW.
(b)
Alternately, the Town may enter into an agreement with the neighboring
jurisdiction in which the significant industrial user is located to
provide for the implementation and enforcement of pretreatment program
requirements against such industrial user.
[Ord. of 2-7-2011]
(a)
Users required to obtain a wastewater discharge permit or general
permit shall complete and file with the Town an application in the
form prescribed by the Town and accompanied by a fee as set by the
Town. Existing users shall apply for a wastewater discharge permit
or general permit within 90 days after the effective date of this
division and proposed new users shall apply at least 120 days prior
to connecting to or contributing to the POTW. The facility manager
may require all users to submit as part of an application the following
information:
(2)
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(3)
Number and type of employees, hours of operation, and proposed
or actual hours of operation of the pretreatment plant;
(4)
Each product produced by type, amount, process or processes,
and rate of production;
(5)
Type and amount of raw materials processed (average and maximum
per day);
(6)
The site plans, floor plans, mechanical and plumbing plans and
details to show all sewers, floor drains, sewer connections, and appurtenances
by the size, location and elevation and all points of discharge;
(7)
Time and duration of discharges;
(8)
Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 74-161(b) [40 CFR 403.12(e)(2)].
(10)
Any other information as may be deemed necessary by the Town
to evaluate the wastewater discharge permit application and;
(11)
All applicable permit fees as determined by the Town.
(b)
The facility manager will evaluate the data furnished by the user
and may require additional information. After evaluation and acceptance
of the data furnished, the Town may issue a wastewater contribution
permit or general permit subject to the terms and conditions provided
herein. These preceding provisions apply to any building additions
and/or renovations.
(c)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revisions.
[Ord. of 2-7-2011]
All wastewater discharge permit applications, general permit
applications, and user reports must be signed by an authorized representative
of the user and contain the following 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 significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
[Ord. of 2-7-2011]
The facility manager will evaluate the data furnished by the
user and may require additional information. Within 60 days of receipt
of a complete wastewater discharge permit application, the facility
manager will determine whether or not to issue a wastewater discharge
permit or a general permit. The facility manager may deny, with just
cause, any application for a wastewater discharge permit or general
permit.
[Ord. of 2-7-2011]
The facility manager may require that a treatability study be
performed to determine if the waste to be discharged is treatable
by the POTW. Establishing a protocol for the study is the responsibility
of the user and must be approved by the facility manager before commencing.
The cost of the study shall be borne by the user. Acceptance of waste
as a result of the study does not relieve a permittee of its obligation
to comply with other requirements of this division and all local,
state, and federal pretreatment standards.
[Ord. of 2-7-2011]
A wastewater discharge permit or general permit shall be issued
for a specified period, not to exceed five years from the effective
date of the permit. A permit may be issued for a period less than
a year or may be stated to expire on a specific date. The user shall
apply for permit reissuance a minimum of 180 days prior to the expiration
of the user's existing permit, except, in such cases where the permit
has been issued for a period of one year or less, the user shall apply
for a permit reissuance a minimum of 60 days prior to the expiration
of the user's existing permit. The terms and conditions of the permit
may be subject to modification by the Town during the term of the
permit as limitations or requirements as identified in this division
are modified or other just cause exists. The user shall be informed
of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
[Ord. of 2-7-2011]
A wastewater discharge permit or general permit shall include
such conditions as are deemed reasonably necessary by the facility
manager to prevent pass through or interference, protect the quality
of the water body receiving the treatment plants effluent, protect
worker health and safety, facilitate sludge management and disposal,
and protect against damage to the POTW.
(a)
Wastewater discharge permits and general permits must contain the
following conditions:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the Town, in accordance with Section 74-144 of this division, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits, including best management practices, applicable
to the user based on applicable standards in federal, state, and local
law.
(4)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law.
(5)
Statement of applicable civil and criminal 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 law.
(6)
The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge or a waiver for decreased frequency of monitoring in accordance with Section 74-161(b).
(7)
Any grant of the monitoring waiver by the facility manager (section 74-161(b)) must be included as a condition in the user's permit.
(9)
A statement that indicates that the facility manager may modify a permit with good cause as described in Section 74-143.
(11)
A statement that indicates that the permittee must adhere to proper operation and maintenance standards as described in Section 74-108.
(12)
A statement that indicates that the facility manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment as described in Section 74-196.
(13)
A statement that indicates that all sampling reports submitted
to the POTW must include a chain-of-custody document.
(b)
Wastewater discharge permits or general permits may contain the following:
(1)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(2)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(3)
Requirements for the development and implementation of spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non-routine
discharges;
(4)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(5)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(7)
A statement that compliance with the wastewater discharge 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 wastewater discharge
permit;
(8)
Requirements for notification of slug discharges; and
(9)
Other conditions as deemed appropriate by the facility manager
to ensure compliance with this division, and state and federal laws,
rules, and regulations.
[Ord. of 2-7-2011]
The facility manager shall provide public notice of the issuance
of a wastewater discharge permit or general permit. Any person, including
the user, may petition the facility manager to reconsider the terms
of a wastewater discharge permit or general permit within 30 days
of its issuance.
(a)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(b)
In its petition, the appealing party must indicate the wastewater
discharge permit or general permit provisions objected to, the reasons
for this objection, and the alternative condition, if any, it seeks
to place in the wastewater discharge permit.
(c)
The effectiveness of the wastewater discharge permit or a general
permit shall not be stayed pending the appeal.
(d)
If the facility manager fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit or a general permit, not to issue a
wastewater discharge permit or a general permit, or not to modify
a wastewater discharge permit or a general permit, shall be considered
final administrative action for the purpose of judicial review.
(e)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the circuit court of the county within 30 days.
[Ord. of 2-7-2011]
(a)
The facility manager may modify a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge 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 Town's POTW, Town personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application or in any required
reporting;
(7)
Revisions of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit;
(9)
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
(b)
The facility manager may modify a general permit for good cause,
including, but not limited to, the following reasons:
(1)
To incorporate any new or revised Federal, State, or local pretreatment
standards or requirements;
(2)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(3)
To correct typographical or other errors in the individual wastewater
discharge permit; or
(c)
The filing of a request by a permittee for a wastewater discharge
permit modification does not stay any wastewater discharge permit
condition.
[Ord. of 2-7-2011]
(a)
Wastewater discharge permits or coverage under general permits may
be transferred to a new owner or operator only if the permittee gives
at least 60 days' advance notice to the facility manager and the facility
manager approves the wastewater discharge permit transfer. The notice
to the facility manager must include a written certification by the
new owner or operator which:
(b)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
[Ord. of 2-7-2011]
(a)
The facility manager may revoke a wastewater discharge permit or
coverage under a general permit for good cause, including, but not
limited to, the following reasons:
(1)
Failure to notify the facility manager of significant changes
to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the facility manager of changed condition(s) pursuant to Section 74-162 of this division;
(3)
Misrepresentations or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the facility manager timely access to the
facility premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of a permitted
facility; or
(13)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this division.
(b)
Wastewater discharge permits or coverage under general permits shall
be voidable upon cessation of operations or transfer of business ownership.
All wastewater discharge permits issued to a particular user are void
upon the issuance of a new wastewater discharge permit to that user.
[Ord. of 2-7-2011]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with Section 74-128 of this division. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit, except, in such cases where the permit has been issued for a period of one year or less, the user shall apply for a permit reissuance a minimum of 60 days prior to the expiration of the user's existing permit.
[Ord. of 2-7-2011]
(a)
If users located outside the Town limits, but in the county, contribute
wastewater to the Town's POTW, the Town Manager shall enter into an
intergovernmental agreement with the county.
(b)
Prior to entering into an agreement required by Subsection (a) above, the director shall request the following information from the county:
(c)
An intergovernmental agreement, as required by Subsection (a) above, shall contain the following conditions:
(1)
A requirement for the county to adopt a sewer use ordinance
which is at least as stringent as this article and local limits which
are at least as stringent as applicable local limits adopted by the
Town. The requirements shall specify that such ordinance and limits
must be revised as necessary to reflect changes made to the Town's
ordinance or local limits;
(2)
A requirement for the county to submit a revised user inventory
on at least an annual basis;
(3)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the county; which of these activities
will be conducted by the Town; and which of these activities will
be conducted jointly by the county and the Town;
(4)
A requirement for the county to provide the Town with access
to all information that the county obtains as part of its pretreatment
activities;
(5)
Limits on the nature, quality, and volume of the county's wastewater
at the point where it discharges to the POTW;
(6)
Requirements for monitoring the county's discharge;
(7)
A provision ensuring the Town access to facilities of users
located within the county's jurisdictional boundaries for the purpose
of inspection, sampling, and other duties deemed necessary by the
Town; and
(8)
A provision specifying remedies available for breach of the
terms of the intergovernmental agreement.
[Ord. of 2-7-2011]
(a)
Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a categorical
determination under 40 CFR 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge
to the POTW shall submit to the facility manager a report which contains
the information listed in paragraph (b) below. At least 90 days prior
to commencement of their discharge, new sources, and sources that
become categorical users subsequent to the promulgation of an applicable
categorical standard, shall submit to the facility manager a report
which contains the information listed in paragraph (b) below. A new
source shall also be required to report the method of pretreatment
it intends to use to meet applicable categorical standards. A new
source shall also give estimates of its anticipated flow and quantity
of pollutants to be discharged.
(b)
Users described above shall submit the information set forth below:
(1)
Identifying information. The name and address of the facility
including the name of the operator and owner.
(2)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(3)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated process.
(4)
Flow measurement. Information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from the regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR 403.6(e).
(5)
Measurement of pollutants.
a.
The categorical pretreatment standards applicable to each regulated
process.
b.
The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the facility manager of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be analyzed in accordance with procedures set out in Section 74-167 of this division.
(6)
Certification. A statement reviewed by the authorized representative
and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis and, if not, whether
additional operation and maintenance (O&M) and/or additional pretreatment
is required to meet the pretreatment standards and requirements.
(7)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 74-159 of this division.
[Ord. of 2-7-2011]
The following conditions shall apply to the schedule required by Section 74-158(b)(7) of this division:
(a)
The schedule shall contain progress increments 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 user to meet applicable pretreatment standards (such events include,
but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(b)
No increment referred to above shall exceed nine months;
(c)
The user shall submit a progress report to the facility manager no
later than 14 days following each date in the schedule and the final
date of compliance, including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(d)
In no event shall more than nine months elapse between such progress
to the facility manager.
[Ord. of 2-7-2011]
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the facility manager a report containing the information described in Section 74-158(b)(4) through (6) of this division. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 74-129 of this division.
[Ord. of 2-7-2011]
(a)
All significant industrial users shall, at a frequency determined by the facility manager but in no case less than twice per year in June and December, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 74-129 of this division.
(b)
The facility manager may authorize an industrial user subject to
a categorical pretreatment standard to forego sampling of a pollutant
regulated by a categorical pretreatment standard if the industrial
user has demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be present in
the discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities
of the industrial user. This authorization is subject to the following
conditions:
(1)
The waiver may be authorized where a pollutant is determined
to be present solely due to sanitary wastewater discharged from the
facility provided that the sanitary wastewater is not regulated by
an applicable categorical standard and otherwise includes no process
wastewater.
(2)
The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 74-128(a)(8).
(3)
In making a demonstration that a pollutant is not present, the
industrial user must provide data from at least one sampling of the
facility's process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes.
(5)
Non-detectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant
was used in the analysis.
(6)
Any grant of the monitoring waiver by the Town Manager must
be included as a condition in the user's permit. The reasons supporting
the waiver and any information submitted by the user in its request
for the waiver must be maintained by the Town Manager for three years
after expiration of the waiver.
(7)
Upon approval of the monitoring waiver and revision of the user's permit by the Town, the industrial user must certify on each report with the statement in Section 74-171, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.
(8)
In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: Comply with the monitoring requirements of Section 74-161(a), or other more frequent monitoring requirements imposed by the facility manager, and notify the facility manager.
(9)
This provision does not supersede certification processes and
requirements established in categorical pretreatment standards, except
as otherwise specified in the categorical pretreatment standard.
(10)
The Town may reduce the requirement for periodic compliance reports [see Section 74-161(a) (40 CFR 403.12(e)(1))] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
a.
Five thousand gallons per day as measured by a continuous effluent
flow monitoring device unless the industrial user discharges in batches;
b.
0.5 pounds per day organic load;
c.
0.000135 pounds per day arsenic;
d.
0.0000141 pounds per day cadmium;
e.
0.000338 pounds per day chromium;
f.
0.0000609 pounds per day hexavalent chromium;
g.
0.000365 pounds per day copper;
h.
0.000044 pounds per day cyanide;
i.
0.000160 pounds per day lead;
j.
0.00000028 pounds per day mercury;
k.
0.000263 pounds per day nickel;
l.
0.0000276 pounds per day selenium;
m.
0.000369 pounds per day silver;
n.
0.0054 pounds per day total phenols; and
o.
0.000392 pounds per day zinc.
(c)
Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in Section 74-185 of this article. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Town, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(d)
All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all
times. The failure of a user to keep its monitoring facility in good
working order shall not be grounds for the user to claim that sample
results are unrepresentative of its discharge.
(e)
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the facility manager, using the procedures prescribed in Section 74-167 of this division, the results of this monitoring shall be included in the report.
(f)
The Town may elect to sample and analyze in lieu of requiring the
users to conduct sampling and analysis. If this option is exercised,
the user may be billed for the service.
[Ord. of 2-7-2011]
Each user must notify the facility manager of any planned significant
changes to the user's operations or system which might after the nature,
quality, or volume of its wastewater at least 120 days before the
change.
(a)
The facility manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit under Section 74-128 of this division.
(c)
For the purposes of this requirement, significant changes include,
but are not limited to, flow increases of 20% or greater, and the
discharge of any previously unreported pollutants.
[Ord. of 2-7-2011]
All industrial users shall promptly notify the POTW in advance
of any new or increased discharge. The Town may deny or condition
new or increased contributions of pollutants, or changes in the nature
of pollutants, to the POTW by industrial users where such contributions
do not meet applicable pretreatment standards and regulations or where
such contributions would cause the POTW to violate its VPDES permit.
[Ord. of 2-7-2011]
(a)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, or a slug load that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
facility manager of the incident. This notification shall include
the location of discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
(b)
Within five days following such discharge, the user shall, unless
waived by the facility manager, submit a detailed written report describing
the causes(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this division.
(c)
A notice shall be permanently posted to the user's bulletin board
or other prominent place advising employees who to call in the event
of a discharge described in paragraph (a) above. Employers shall ensure
that all employees who may cause such a discharge to occur are advised
of the emergency notification procedure.
(d)
Significant industrial users are required to notify the Town immediately
of any changes at its facility affecting the potential for a slug
discharge.
[Ord. of 2-7-2011]
All industrial users not subject to categorical pretreatment
standards and not required to obtain a wastewater discharge permit
shall provide appropriate reports to the facility manager as the facility
manager may require.
[Ord. of 2-7-2011]
If sampling performed by a user indicates a violation, the user
must notify the facility manager within 24 hours of becoming aware
of the violation. The user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the facility manager
within 30 days after becoming aware of the violation. The user is
not required to resample if the POTW is monitoring at the user's facility
at least once a month, or if the POTW samples between the users' initial
sampling and when the user receives the results of this sampling.
[Ord. of 2-7-2011]
All pollutant analyses, including sampling techniques, to be
submitted as part of a wastewater discharge permit application or
report shall be performed in accordance with techniques prescribed
in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 does not contain sampling
or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved
by the EPA.
[Ord. of 2-7-2011]
(a)
Except as indicated in Subsection (b) and (c) below, the user must collect wastewater samples using twenty-four-hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the facility manager may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Town, as appropriate. In addition, grab samples may be required to show compliance with the instantaneous discharge limits.
(b)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic chemicals must be obtained using grab collection
techniques.
(c)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in sections 74-158 and 74-160 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the facility manager may authorize a lower minimum. For the reports required by paragraphs Section 74-161 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
(d)
All monitoring reports submitted to the POTW that include sampling
data are required to include a chain-of-custody document.
[Ord. of 2-7-2011]
Written reports will be deemed to have been submitted on the
date postmarked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the U.S. Postal Service, the date
of receipt of the report shall govern.
[Ord. of 2-7-2011]
Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices established under Section 74-95. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the Town, or where the user has been specifically notified of a longer retention period by the facility manager.
[Ord. of 2-7-2011]
Users that have an approved monitoring waiver based on Section 74-161(b) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
Based on my inquiry of the person or persons directly responsible
for managing compliance with the Pretreatment Standard for 40 CFR
_____ [specify applicable National Pretreatment Standard part(s)],
I certify that, to the best of my knowledge and belief, there has
been no increase in the level of _____ [list pollutant(s)] in the
wastewaters due to the activities at the facility since filing of
the last periodic report under Sec. 74-161A.
[Ord. of 2-7-2011]
(a)
The Town shall require to be provided and operated, at the user's
own expense, monitoring facilities to allow inspections, sampling,
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
user's premises, but the Town may, when such a location would be impractical
or cause undue hardship on the user, allow the facility to be constructed
in the public street or sidewalk area and located so that it will
not be obstructed by landscaping or parked vehicles.
(b)
There shall be ample room in or near such 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 user.
(c)
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the Town's
requirements and all applicable local constructions standards and
specifications. Construction shall be completed within 90 days following
written notification by the Town.
[Ord. of 2-7-2011]
(a)
The facility manager or authorized representative shall have the
right to enter the premises of any user to determine whether the user
is complying with all requirements of this division and any wastewater
discharge permit or order issued hereunder. Users shall allow the
facility manager ready access to all parts of the premises for the
purposes of inspection, sampling, records examination and copying,
and the performance of additional duties.
(1)
Where a user has security measures in force which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, personnel from the Town,
state, and EPA will be permitted to enter without delay for the purposes
of performing specific responsibilities.
(2)
The Town, state, and EPA shall have the right to set up on the
user's property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(3)
The Town may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated semiannually to ensure their
accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the facility manager
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
(5)
Unreasonable delays in allowing the facility manager access
to the user's premises shall be a violation of this division.
(6)
All applicable inspection, sampling analysis, enforcement, and
related program fees as determined by the POTW and the Town shall
be paid by the user.
(b)
If sampling and monitoring facilities are required by the facility
manager, it shall be provided in accordance with the Town's requirements
and all applicable local constructions standards and specifications,
and shall be completed within 90 days following written notification
by the facility manager.
[Ord. of 2-7-2011]
If the Town Manager or authorized representative has been refused
access to a building, structure, or property, or any part thereof,
and is able to demonstrate probable cause to believe that there may
be a violation of this division or that there is a need to inspect
and/or sample to verify compliance with this division or any permit
or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the Town Manager or authorized
representative may seek issuance of a search warrant from the general
district court of the county.
[Ord. of 2-7-2011]
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the facility manager's inspection
and sampling activities, shall be available to the public without
restriction, unless the user specifically requests, and is able to
demonstrate to the satisfaction of the Town, that the release of such
information would divulge information, processes or methods of production
entitled to protection as trade secrets under applicable state law.
Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public, but shall
be made immediately available upon request to governmental agencies
for uses related to the VPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
[Ord. of 2-7-2011]
The Town shall publish annually, in the largest newspaper published
in the municipality where the POTW is located, a list of the users
which, during the previous 12 months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term
"significant noncompliance" shall mean:
(a)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed the daily maximum limit or average limit
for the same pollutant parameter by any amount;
(b)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and
1.2 for all other pollutants except pH);
(c)
Any other discharge violation that the Town believes has caused,
alone or in combination with other discharges, interference or pass
through, including endangering the health of POTW personnel or the
general public;
(d)
Any other discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Town's
exercise of its emergency authority to halt or prevent such a discharge;
(e)
Failure to provide, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(f)
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standards and deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
(g)
Failure to accurately report noncompliance; or
(h)
Any other violation(s) which the Town determines will adversely affect
the operation or implementation of the local pretreatment program.
|
Subdivision IV: Enforcement
|
[Ord. of 2-7-2011]
When the Town finds that a user has violated, or continues to
violate, any provisions of this division, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Town may serve upon such user a written notice of violation. Within
30 days of the receipt of this notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof,
to include specific required actions, shall be submitted by the user
to the Town. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of
the notice of violation. Nothing in this section shall limit the authority
of the Town to take action, including emergency actions or any enforcement
action, without first issuing a notice of violation.
[Ord. of 2-7-2011]
The Town may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Such documents shall have the same force and effects as the administrative orders issued pursuant to sections 74-194 and 74-195 of this division and shall be judicially enforceable.
[Ord. of 2-7-2011]
(a)
The Town may order any user who causes or allows an unauthorized
discharge or violates any Town regulations to show cause before the
Town Council why the proposed enforcement action should not be taken.
A notice shall be served on the user specifying the time and place
of a hearing to be held by the Town Council regarding the violation,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the Town Council
why the proposed enforcement action should not be taken. The notice
of the hearing shall be served personally or by registered or certified
mail (return receipt requested) at least 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
(b)
The Town Council may itself conduct the hearing and take the evidence,
or may designate any of its members or any officer or employee of
the assigned department to:
(1)
Issue in the name of the Town Council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence together with recommendations to the Town Council
for action thereon.
(c)
At any hearing held pursuant to this division, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
(d)
After the Town Council has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed on existing treatment facilities, and devices
or other related appurtenances are properly operated. A show cause
hearing shall not be a bar against, or prerequisite for, taking any
other action against the user.
[Ord. of 2-7-2011]
When the Town finds that the user has violated, or continues
to violate, any provision of this division, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard,
the Town may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time.
If the user does not come into compliance within the time provided,
sewer service and/or water service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders may also contain
other requirements to address the noncompliance, including additional
self-monitoring, and management practices designed to minimize the
amount pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance order relieve the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar against, or be a
prerequisite for, taking any other action against the user.
[Ord. of 2-7-2011]
(a)
When the Town finds that a user has violated, or continues to violate,
any provision of this division, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the Town may
issue an order to the user directing it to cease and desist all such
violations and directing the user to:
(b)
Issuance of a cease and desist order shall not be a bar against,
or be a prerequisite for, taking any other action against the user.
[Ord. of 2-7-2011]
(a)
The Town may immediately suspend a user's discharge, after informal
notice to the user, whenever such suspension is necessary to stop
an actual or threatened discharge which reasonably appears to present
or cause an imminent or substantial endangerment to the health or
welfare of persons. The Town may also immediately suspend a user's
discharge, after notice and opportunity to respond, that threatens
to interfere with the operation of the POTW, or which presents, or
may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Town may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Town may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Town that the period of endangerment has passed, unless the termination proceedings in Section 74-197 of this division are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Town, prior to the date of any show cause or termination hearing under sections 74-193 or 74-197 of this division.
(b)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. of 2-7-2011]
(a)
In addition to the provisions in Section 74-145 of this article, any user that violates any one or more of the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling;
(5)
Violation of the pretreatment standards in sections 74-91 through 74-97 of this division. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 74-193 of this division as to why the proposed termination of discharge should be taken.
(b)
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. of 6-6-2011]
(a)
When the Town finds that a user has violated, or continues to violate,
any provision of this article, an individual wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard
or requirement, the Town may fine such user in an amount not to exceed
$2,500. Such fines shall be assessed on a per-violation, per-day basis.
In the case of monthly or other long-term average discharge limits,
fines shall be assessed for each day during the period of violation.
(b)
Unpaid charges, fines, and penalties shall, after 30 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 10% per month. A lien
against the user's property may be sought for unpaid charges, fines,
and penalties.
(c)
Users desiring to dispute such fines must file a written request
for the Town to reconsider the fine along with full payment of the
fine amount within 30 days of being notified of the fine. Where a
request has merit, the Town may convene a hearing on the matter. In
the event the user's appeal is successful, the payment, together with
any interest accruing thereto, shall be returned to the user. The
Town may add the costs of preparing administrative enforcement actions,
such as notices and orders, to the fine.
(d)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. of 2-7-2011]
When the Town finds that a user has violated, or continues to
violate, any provision of this division, a wastewater discharge permit,
or order issued hereunder, or any other pretreatment standard or requirement,
the Town may petition the circuit court of the county through the
Town's attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order, or other requirement imposed
by this division on activities of the user. The Town may also seek
such other action as is appropriate for legal and/or equitable relief,
including a requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not bar against, or be a prerequisite
for, taking any other action against a user.
[Ord. of 2-7-2011]
(a)
A user who has violated, or continues to violate, any provision of
this division, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to the Town for a maximum of civil damages as may be permitted by
the circuit court of the county. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each
day during the period of the violation.
(b)
The Town may recover reasonable attorney's fees, court costs, and
other expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by the Town.
(c)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(d)
Filing a suit for civil penalties shall not be a bar against, or
be a prerequisite for, taking any other action against a user.
[Ord. of 2-7-2011]
(a)
A user who willfully or negligently violates any provision of this
division, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a Class I misdemeanor, punishable by a fine not exceeding
$1,000 and/or imprisonment for not more than one year, or both.
(b)
A user who willfully or negligently introduces any substance into
the POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a Class I misdemeanor and be subject to a
fine not exceeding $1,000 and/or imprisonment for not more than one
year, or both. This penalty shall be in addition to any other cause
of action for personal injury or property damage available under state
law.
(c)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
documentation filed or required to be maintained, pursuant to this
division, wastewater discharge permit or order issued hereunder, or
who falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this division shall, upon conviction,
be punished by a fine not exceeding $1,000 and/or imprisonment for
not more than one year, or both.
(d)
In the event of a second conviction, a user shall be punished by
a fine not exceeding $1,000 and/or imprisonment for not more than
one year, or both.
[Ord. of 2-7-2011]
In addition to civil and criminal liability, the permittee violating
any of the provisions of this permit or causing damage to or otherwise
inhibiting the POTW shall be liable to the Town for any expense, loss,
or damage caused by such violation or discharge. The Town may bill
the permittee for the costs incurred for sampling, analysis, and labor
costs. Other billable costs include, but are not limited to, cleaning,
repair or replacement work caused by the violation or discharge. Refusal
to pay the assessed costs shall constitute a separate violation.
[Ord. of 2-7-2011]
The remedies provided for in this division are not exclusive.
The Town may take any, all, or combination of these actions against
a noncompliant user. Enforcement of pretreatment violations will generally
be in accordance with the Town's enforcement response plan; however,
the Town may take other action against any user when the circumstances
warrant. Further, the Town is empowered to take more than one enforcement
action against any noncompliant user.
[Ord. of 2-7-2011]
(a)
For the purpose of this section, "upset" means an exceptional incident
in which there is unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance,
or careless or improper operation.
(b)
An upset shall constitute an affirmative defense to an action brought
for noncompliance with categorical pretreatment standards if the requirements
of paragraph (c) are met.
(c)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures; and
(3)
The user has submitted the following information to the Town
within 24 hours of becoming aware of the upset; if this information
is provided orally, a written submission must be provided within 10
days:
a.
A description of the indirect discharge and cause of noncompliance;
b.
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
c.
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(d)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(e)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(f)
Users shall control production or all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost
or fails.
[Ord. of 2-7-2011]
(a)
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 74-91 of this division or the specific prohibitions in Section 74-92 of this division, if it can prove by a preponderance of the evidence that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and either:
(1)
A local limit exists for each pollutant discharged and the user
was in compliance with each limit directly prior to, and during, the
pass through or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
Town was regularly in compliance with its VPDES permit, and, in case
of interference, was in compliance with applicable sludge use or disposal
requirements.
(b)
Pursuant to 40 CFR Section 403.5(a)(2), the affirmative defense outlined in this section cannot apply to specific prohibitions in subsections 74-92(a)(1), (3) and (20).
[Ord. of 2-7-2011]
(a)
"Bypass" means the intentional diversion of waste streams from any
portion of a user's treatment facility. "Severe property damage" means
substantial physical damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
(b)
A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provisions of paragraphs (c) and (d) of this
section.
If a user knows in advance of the need for a bypass, it shall
submit prior notice to the facility manager, at least 10 days before
the date of the bypass, if possible.
(c)
A user shall submit oral notice to the facility manager of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours
from the time it becomes aware of the bypass. A written submission
shall also be provided within 10 days of the time the user becomes
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact dates and times, and if the bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the bypass. The
facility manager may waive the written report on a case-by-case basis
if the oral report has been received within 24 hours.
(d)
Bypass is prohibited, and the facility manager may take enforcement
action against a user for a bypass, unless:
(1)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(2)
There was no feasible alternative to bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(3)
The user submitted notices as required under paragraph (c) of
this section. The facility manager may approve an anticipated bypass,
after considering its adverse effects, if the facility manager determines
that it will meet the three conditions listed in the first paragraph
of Subsection (d) of this section.
|
Subdivision V: Miscellaneous Provisions
|
[Ord. of 2-7-2011]
The Town may adopt reasonable fees for reimbursement of costs
of setting up and operating the Town's pretreatment program, which
may include:
(a)
Fees for wastewater discharge permit applications and pretreatment
permit applications including the cost of processing such applications;
(b)
Fees for filing appeals;
(c)
Fees for monitoring, inspection, and surveillance procedures, including
the cost of collection and analyzing a user's discharge, and reviewing
monitoring reports submitted by users;
(d)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(e)
Fees for consistent removal by the Town of pollutants otherwise subject
to federal pretreatment standards;
(f)
Other fees as the Town may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this division and are separate from all other fees, fines and penalties
chargeable by the Town.
[Ord. of 2-7-2011]
If any provision of this division is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be affected
and shall continue in full force and effect.
