[Amended 9-14-1978; 9-10-2007]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
These rules and regulations set forth uniform requirements for discharge into the wastewater collection system of the Town of Middletown (Town) and enable the Town to comply with all applicable state and federal laws required by the Clean Water Act, as amended, United States Environmental Protection Agency general pretreatment regulations (40 CFR 403) and Virginia Pre-Treatment Regulation (9 VAC 25-31-10 et seq.).
B. 
The objectives are:
(1) 
To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) 
To prevent the introduction of pollutants into the wastewater system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) 
To provide for equitable distribution of the cost of the wastewater system.
C. 
These rules and regulations provide for regulation of the use of the wastewater system through enforcement of general requirements for all users and the issuance of permits to certain non-domestic users, authorize monitoring and enforcement activities, and require user reporting.
D. 
These rules and regulations apply to all persons who, by contract, permit, agreement, or otherwise, discharge into the wastewater collection system of the Town of Middletown.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Unless the context specifically indicates otherwise, the following terms and phrases, as used in these rules and regulations, shall have the meanings hereinafter designated.
ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
AUTHORIZED REPRESENTATIVES OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
A. 
A principal executive officer of at least the level of vice president, if the industrial user is a corporation.
B. 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
C. 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, un-oxidized nitrogen, chemical oxygen demand, phosphorus, turbidity, pH, and fecal coliform bacteria, plus additional pollutants identified in the Virginia Pollutant Discharge Elimination System permit, if the POTW to which the pollutant is discharged was designed to treat pollutants, and in fact does remove such pollutants to a substantial degree.
COOLING WATER
Water to which the only pollutant added is heat.
DOMESTIC SEWAGE
Water-carried wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from stormwater and/or industrial wastes. Wastewater generated by domestic users.
ENVIRONMENTAL PROTECTION AGENCY (EPA)
The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the agency.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
INDUSTRIAL USER
Any user discharging industrial wastes.
INDUSTRIAL WASTE
A non-domestic discharge to the POTW.
INTERFERENCE
A discharge which, alone or in conjunction with discharges from other sources, both:
A. 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and
B. 
Causes of a violation of any requirement of the POTW's VPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of wastewater sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder: Section 405 of the Act; Solid Waste Disposal Act (including Title II, Resource Conservation and Recovery Act, and state regulations contained in any state sludge management plan prepared pursuant to Subtitle IV); Clean Air Act; Toxic Substances Control Act; and Marine Protection, Research, and Sanctuaries Act.[1]
PASS THROUGH
A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation or any requirement of the POTW's VPDES permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
POLLUTANT
A substance that when present in sufficient concentration and under certain conditions can cause pollution either singularly or in combination with other substances.
POTW TREATMENT PLANT
That portion of the POTW designated to provide treatment to wastewater.
PRE-TREATMENT or TREATMENT
The reduction of the amount of pollutants, elimination of pollutants, alteration of the nature of pollutants, or alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by a physical, chemical, or biological process, process changes or other means except as prohibited by 9 VAC 25-31-10 et seq.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). This definition covers any sewers that convey wastewater to the POTW treatment plant. It does not include pipes or sewers designated to convey stormwater and which are not connected to a facility providing treatment.
SHALL
"Shall" is mandatory, "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
User of the Town's wastewater collection system which is a categorical industrial user or non-categorical industrial user which:
A. 
Has a discharge flow of 25,000 gallons or more of process wastewater per average work day (process wastewater excludes sanitary, non-contact cooling, and boiler blowdown wastewaters); or
B. 
Contributes a process wastewater stream greater than 5% of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the POTW treatment plant; or
C. 
Has a reasonable potential, in the opinion of the Town or State Water Control Board (SWCB) in combination with the other contributing industries, to adversely affect the wastewater treatment system, the quality of sludge, the system's effluent quality, air emissions generated by the system, or the POTW plant operation (inhibition, pass through, sludge contamination, or endangerment of POTW workers).
SLUG
Any pollutant (including biochemical oxygen demand) released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 9 VAC 25-31-10 et seq.
STATE
Commonwealth of Virginia.
STORMWATER
The water resulting from precipitation.
TOWN
The Town of Middletown, Virginia.
TOXIC
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of the Act, Section 307(a), or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Town of Middletown collection system.
VIRGINIA POLLUTION DISCHARGE ELIMINATION SYSTEM (VPDES)
A program for issuing, conditioning, and denying permits for discharge of pollutants from point sources issued pursuant to Section 402 of the Act.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with groundwater, surface water, and stormwater that may be present.
WASTEWATER DISCHARGE PERMIT
A permit allowing significant industrial users to discharge to the POTW.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.; 42 U.S.C. § 7401 et seq.; 15 U.S.C. § 2601 et seq.; and 33 U.S.C. § 1401 et seq., respectively.
[Amended 12-9-2013]
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW, pass through the POTW, or contaminate the sludge. These general prohibitions apply to all users of the Town's collection system whether or not the user is subject to national categorical pretreatment standards.
A. 
A user may not contribute the following substances to the Town's collection system:
(1) 
Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than 5% nor any single reading over 10% of the lower explosive limit of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(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 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or flesh, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent hops, wastepaper, wood, plastic, tar, asphalt residues, residues from refining processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(3) 
Any wastewater with a pH less than 7.0 or greater than 9.0, 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, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pre-treatment 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 either singly or by interaction with other wastes sufficient to create a public nuisance or hazard to life or to prevent entry into the sewer system for maintenance and repair.
(6) 
Any substance which may cause the POTWs 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. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance 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 Air Act, the Toxic Substance Control Act[1] or state criteria applicable to the sludge management method used.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.; 42 U.S.C. § 7401 et seq.; and 15 U.S.C. § 2601 et seq., respectively.
(7) 
Any substance which will cause the POTW to violate its VPDES permit or the receiving water quality standards.
(8) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(9) 
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the discharge into the POTW which exceeds 104° F. or 40° C.
(10) 
Any pollutants, including oxygen demanding pollutants, released at a flow rate and/or concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations or quantities 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.
(11) 
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.
(12) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(13) 
Any stormwater or unpolluted surface or ground water.
(14) 
Any wastewater containing fat, wax, grease or oil, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.
(15) 
Any holding tank waste, trucked or hauled pollutants, except at discharge points designated by the Town.
B. 
No wastewater, at the point of entry into the publicly owned treatment works (POTW), shall exceed the following concentrations:
(1) 
Zinc: 100 ug/l (micrograms per liter).
(2) 
Iron: 1,500 ug/l.
(3) 
Chromium: 100 ug/l.
(4) 
Copper: 100: ug/l.
(5) 
Cyanide: 100: ug/l.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Compatible pollutants. No industrial user shall discharge into the POTW wastewater exceeding the limitations set by the Town for the POTW without a valid wastewater discharge permit. Discharge is to be based on a twenty-four-hour composite sample and diluting of any discharge for the purpose of meeting limitations shall be considered a violation of these rules and regulations.
B. 
Incompatible pollutants. All industrial users discharging to a POTW shall be required to remove incompatible pollutants below the maximum levels set by the Town. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of these rules and regulations. This is to protect the POTW, to prevent the discharge of pollutants which would pass through the plant without sufficient treatment, to prevent contamination of recovered by-products produced by the plant, and to prevent a violation of the VPDES permit.
C. 
Certain significant industrial users are now or hereafter shall become subject to national categorical standards promulgated by the EPA. EPA may specify quantities or concentrations of pollutants or pollutant properties which may be discharged to the POTW treatment plant. All significant industrial users subject to a national pretreatment standard shall comply with all requirements of such standard, and shall also comply with any additional or more stringent limitations set by the Town. Compliance with national pretreatment standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be within three years following promulgation of the standards unless a shorter compliance time is specified in the standards. Compliance with national pretreatment standards for new sources shall be required upon promulgation of the standard. Except where expressly authorized by an applicable national pretreatment standard, no significant industrial user shall increase the use of the process water or in any way attempt to dilute a discharge as a partial or complete substitution for adequate treatment to achieve compliance with such standard.
D. 
Town or State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations, or those contained in these rules and regulations. The Town reserves the right to establish by rules and regulations more stringent limitations or requirements for discharges to a POTW if deemed necessary to comply with the objectives stated at the beginning of these rules and regulations.
E. 
Notwithstanding the above requirements, all users discharging into the POTW are required to remove incompatible pollutants from their waste in conformance with pretreatment standards.
F. 
Accidental discharges.
(1) 
Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these rules and regulations. Facilities to prevent accidental discharge of prohibited material shall be provided and maintained at the industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and approval before construction of the protection facilities. No industrial user desiring to discharge wastewater to the POTW shall be permitted to introduce pollutants into the POTW until accidental discharge procedures have been approved. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify their facility as necessary to meet the requirements of these rules and regulations. In the case of an accidental discharge, the industrial user shall immediately notify the treatment plant of the incident, giving the location of the discharge, type of waste, concentration and volume, and corrective actions. All industrial users shall obtain approval of the protection plan from the Town before discharge to the POTW will be allowed.
(2) 
Written notice. Within five days following an accidental discharge, including a slug load, the industrial user shall submit to the Town a detailed written report describing the cause and measures to be taken to prevent similar occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or liability which may have occurred as a result of the accidental discharge, nor shall notification relieve the industrial user of fines, civil penalties, or other liability imposed by law.
(3) 
Notice to employees. A notice shall be permanently posted in a prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause such a dangerous discharge to occur are advised of the emergency notification procedures.
Mandatory permits. Significant industrial users proposing to connect or discharge to the POTW shall obtain a wastewater discharge permit from the Town prior to connecting or discharging. Existing significant industrial users connected or discharging to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of these rules and regulations.
Sampling points to monitor the wastewater stream satisfactory to the Town are required. If necessary, the Town may require a significant industrial user to construct, at said significant industrial user's expense, monitoring facilities with sampling and metering equipment to allow inspection, sampling, and flow measurement of the significant industrial user's waste streams. The monitoring facility shall be situated on the significant industrial user's premises unless exemption from this requirement is granted by the Town, so as to allow easy access. There shall ample room in or near such monitoring facility to allow accurate sampling, flow measuring, and compositing of samples for analysis. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the significant industrial user. The sampling and monitoring facilities shall be provided in accordance with the Town's requirements and all applicable Town construction standards and specifications.
The Town may inspect the facilities of any industrial user to ascertain compliance with all requirements and provisions of these rules and regulations and may examine or copy any records kept by the industrial user which pertain to the quantity and characterization of its industrial waste. The Town may inspect generally and may take independent samples. The industrial user shall allow the Town ready access at all reasonable times to all parts of the premises necessary for purposes of inspection and/or sampling in the performance of any of their duties. The Town shall have the right to set up on the industrial user's property such devices as are necessary to conduct sampling or metering operations. Where the industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Town will be permitted to enter without delay for the purposes of performing their specific responsibilities.
Significant industrial users shall make wastewater acceptable under the limitations established herein before discharging to a POTW. Any facilities required to pre-treat wastewater to meet the requirements of these rules and regulations shall be provided and maintained at the significant industrial user's expense. Detailed plans showing the pretreatment facilities and operating and maintenance procedures shall be submitted to the Town for review, and must be acceptable to the Town before construction of the facility. The review of such plans and operation and maintenance procedure will in no way relieve the significant industrial user from the responsibility of modifying the facility, as necessary, to produce an effluent acceptable to the Town under the provisions of these rules and regulations. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the Town before their implementation.
All information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agencies without restriction unless the industrial user specifically otherwise requests and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes, or methods which would be detrimental to the industrial user's competitive position. When requested, and if agreed to by the Town, 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 available to government agencies for use in making studies; provided, however, that such portions of a report shall be available for use by any state agency in judicial review or enforcement proceedings involving the industrial user furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Town may suspend wastewater service when such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment or causes interference to the POTW or violation of any condition of the applicable VPDES.
B. 
Any industrial user notified of a suspension of wastewater service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. If the industrial user fails to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the public sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The wastewater discharge permit and/or the wastewater service shall be reinstated upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the industrial user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Town within 15 days of the date of occurrence.
C. 
The Town may revoke the wastewater discharge permit of any significant industrial user violating the conditions set forth in these regulations.
D. 
Whenever it is found that any significant industrial user has violated or is violating these rules and regulations, the wastewater discharge permit, or any prohibitions or limitations of requirements contained herein, the Town may serve upon said significant industrial user a written notice stating the nature of the violation. The Town will advise the significant industrial user of the impact of the violation on the POTW, and develop limitations for significant industrial user to correct the violation. The Town may request a compliance schedule for the satisfactory correction of the violation.
E. 
Whenever it is found that any user has violated or is violating these rules and regulations, the wastewater discharge permit, or any prohibitions, limitations, or requirements contained herein, the Town may serve upon said user a written notice stating the nature of the violation. The Town will advise the user of the impact of the violation on the POTW, and develop limitations for user to correct the violation. The Town may request a compliance schedule for the satisfactory correction of the violation.
F. 
If any user violates the provisions of these rules and regulations, Town, federal or state pretreatment requirements, or any order of the Town, the Town may commence action for appropriate legal and/or equitable relief in the Circuit Court of Frederick County. Any user who is found to be guilty of such violations shall be fined no less than $500 for such offense. In addition, reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated these rules and regulations may be recovered.
G. 
In addition to the penalties provided herein, the Town may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit at law against the person found to have violated these Rules and Regulations or the orders, rules, regulations, and permits issued hereunder.
H. 
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to these rules and regulations, or the wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations shall be subject to prosecution.
The Town shall not be required to connect and provide sewer service to any new user unless such user shall have complied with all Town, county and state laws affecting the property to which such sewer service is to be provided.