It shall be unlawful to discharge without a City permit to any
natural outlet within the City of Galax or in any area under the jurisdiction
of the City and/or the POTW any wastewater except as authorized by
the City Engineer in accordance with the provisions of this chapter.
A.
Permits required. All significant industrial users proposing to connect
to or to contribute to the POTW shall obtain an industrial sewer use
permit before connecting to or contributing to the POTW.
B.
Permit application; industrial waste survey questionnaire.
(1)
Users required to obtain an industrial sewer use permit shall complete
and file with the City an application in the form provided by the
City, accompanied by a fee of $100. Parties needing blank forms shall
request them from the City Engineer.
(2)
Proposed new users shall apply at least 90 days prior to connecting
to or contributing to the POTW.
(4)
The City will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data
furnished, the City may issue an industrial sewer use permit subject
to terms and conditions provided herein.
C.
Permit conditions. Industrial sewer use permits shall be expressly
subject to all provisions of this chapter and all other applicable
regulations, user charges and fees established by the City.
(1)
Permits must contain, at a minimum, the following types of conditions:
(a)
Statement of duration (in no case more than five years).
(b)
Statement of nontransferability without, at a minimum, prior
notification to the POTW and provision of a copy of the existing control
mechanism to the new owner or operator.
(c)
Effluent limits, including best management practices, based
on applicable general pretreatment standards, categorical pretreatment
standards, local limits and state and local law.
(d)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the pollutants to be
monitored, sampling location, sampling frequency and sample type,
based on applicable general pretreatment standards, categorical pretreatment
standards, local limits and state and local law.
(e)
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
(f)
Requirements to control slug discharge if determined by the
City to be necessary.
(2)
In addition, permits may contain the following types of conditions:
(a)
The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
(b)
Limits on the average and maximum wastewater constituents and
characteristics;
(c)
Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
(d)
Requirements for installation and maintenance of inspection
and sampling facilities;
(e)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
test and reporting schedules;
(f)
Requirements for submission of technical reports or discharge
reports;
(g)
Requirements for maintaining and retaining plant records relating
to wastewater discharge. All industrial users shall maintain records
of all information resulting from any required monitoring activities.
Such records shall be maintained for a minimum of three years, and
all industrial users shall make such records available for inspection
and copying by the POTW and the approval authority. This period of
retention shall be extended during the course of any unresolved litigation
regarding the industrial user or POTW or when requested by the executive
director of the approval authority;
(h)
Requirements for advance notification of the City of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater constituents being introduced
into the wastewater treatment system or any significant change in
production process;
(i)
Requirements for notification of slug discharges; significant
industrial users are required to notify the City Engineer immediately
of any changes at its facility affecting the potential for a slug
discharge. Industrial users shall evaluate the need for development
and maintenance of a slug control plan with the application for IU
permit and within one year of regulatory changes. The industrial user
shall submit their slug control plan and future amendments to the
City Engineer;
(j)
Requirements for modification of the permit if the permittee
experiences changes in wastewater characteristics or modifies its
pretreatment facilities; and
(k)
Other conditions as deemed appropriate by the City to ensure
compliance with this chapter.
D.
Permits duration and reissuance.
(1)
Permits shall not be issued for a period longer than five years.
(2)
Applications for permit reissuance shall be submitted to the City
no later than 180 days prior to expiration of the existing permit.
Applications for reissuance shall include and supplement all information
required by the permit application form provided by the City.
E.
Permit transfer. Industrial sewer use permits are issued to a specific
user for a specific operation. Such permits shall not be reassigned
or transferred or sold to a new owner, new user, a different premises
or a new or changed operation without the approval of the City.
F.
Permit modifications. Permits may be modified by the City at any
time pursuant to new federal or state regulations or new scientific
information.
A.
Reporting requirements for industrial users upon effective date of categorical pretreatment standard baseline report. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination submission under 9 VAC 25-31-780A4, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the City a report which contains the information listed in Subsection A(1) through (7).
(1)
At least 90 days prior to commencement of discharge, new sources and sources that become industrial users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the City a report which contains the information listed in Subsection A(1) through (5). New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in Subsection A(4) and (5). Identifying information: the user shall submit the name and address of the facility including the name of the operator and owners.
(2)
Permits. The user shall submit a list of any environmental control
permits held by or for the facility.
(3)
Description of operations. The user shall submit a brief description
of the nature, average rate of production, and standard industrial
classification of the operation or operations carried out by such
industrial user. This description should include a schematic process
diagram which indicates points of discharge to the POTW from the regulated
processes.
(4)
(5)
Measurement of pollutants.
(a)
The user shall identify the pretreatment standards applicable
to each regulated process;
(b)
In addition, the user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass, where
required by the standard or City) of regulated pollutants in the discharge
from each regulated process. Both daily maximum and average concentration
(or mass, where required) shall be reported. The sample shall be representative
of daily operations. In cases where the standard requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the City or the
applicable standards to determine compliance with the standard;
(c)
The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
subsection;
(d)
Samples shall be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user shall
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 9 VAC 25-31-780E in order to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 9 VAC 25-31-780E,
this adjusted limit along with supporting data shall be submitted
to the control authority;
(e)
Sampling and analysis shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto.
Where 40 CFR Part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the administrator determines
that the Part 136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW
or other parties, approved by the administrator;
(f)
The City may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information
sufficient to determine the need for industrial pretreatment measures;
and
(g)
The baseline report shall indicate the time, date and place
of sampling, and methods of analysis, and shall certify that such
sampling and analysis is representative of normal work cycles and
expected pollutant discharges to the POTW.
(6)
Certification. A statement, reviewed by an authorized representative
of the industrial user as defined in 9 VAC 25-31-840M and certified
to 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) or additional pretreatment, or
both, are required for the industrial user to meet the pretreatment
standards and requirements.
(7)
Compliance schedule. If additional pretreatment or O&M, or both,
will be required to meet the pretreatment standards, the shortest
schedule by which the industrial user will provide such additional
pretreatment or O&M, or both. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard.
(a)
Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (9 VAC 25-31-790), the combined wastestream formula (9 VAC 25-31-780E), or a fundamentally different factors variance (9 VAC 25-31-850), or any combination of them, at the time the user submits the report required by this subsection, the information required by Subsection A(6) and (7) shall pertain to the modified limits.
(b)
If the categorical pretreatment standard is modified by a removal allowance (9 VAC 25-31-790), the combined wastestream formula (9 VAC 25-780E), or a fundamentally different factors variance (9 VAC 25-31-850), or any combination of them, after the user submits the report required by this subsection, any necessary amendments to the information requested by Subsection A(6) and (7) shall be submitted by the user to the City within 60 days after the modified limit is approved.
(c)
Compliance schedule progress report.
[1]
The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (e.g.,
hiring an engineer, completing preliminary plans, completing final
plans, executing contract for major components, commencing construction,
completing construction, etc.). If interim pretreatment is proposed,
the application shall describe the nature, duration and expected effluent
quality from such interim pretreatment.
[2]
No increment referred to in Subsection B(1) shall exceed nine months. The timetable for completion of pretreatment construction shall not exceed 24 months from submission of application, but may be shorter than 24 months if so provided in the applicable federal pretreatment standard.
[3]
No later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the City Engineer, including, as a minimum, whether or not it complied
with the increment of progress to be met on such date, and, if not,
the date on which it expects to comply with this increment of progress,
the reason for delay and the steps being taken by the user to return
the construction to the schedule established. In no event shall more
than two months elapse between such progress reports to the Superintendent.
[4]
All compliance schedules submitted pursuant to this provision
must meet any applicable requirements specified in 40 CFR 403.12(b)(7)
and 9 VAC 25-31-840B7.
B.
Periodic reports on continued compliance.
(1)
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City during the months of June and December, unless required more frequently in the pretreatment standard or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in Subsection B(2) of this section except that the City may require more detailed reporting of flows. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the user. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the City may agree to alter the months during which the above reports are to be submitted.
(2)
Where the City has imposed mass limitations on industrial users as provided for by 9 VAC 25-31-780C, the report required by Subsection B(1) shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.
(3)
For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in 9 VAC 25-31-780C, the report required by Subsection B(1) shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by Subsection B(1) shall include the user's actual average production rate for the reporting period.
C.
Reporting requirements for industrial users not subject to categorical
pretreatment standards. The City requires appropriate reporting from
those industrial users with discharges that are not subject to categorical
pretreatment standards. Significant noncategorical industrial users
must submit to the City at least once every six months (on dates specified
by the City) a description of the nature, concentration, and flow
of the pollutants required to be reported by the City. In cases where
a local limit requires compliance with a best management practice
or pollution prevention alternative, the user must submit documentation
required by the City to determine the compliance status of the user.
These reports must be based on sampling and analysis performed in
the period covered by the report, and in accordance with the techniques
described in 40 CFR Part 136 and amendments thereto. This sampling
and analysis may be performed by the City in lieu of the significant
noncategorical industrial user.
D.
Notification of changed discharge. All industrial users shall promptly
notify the City in advance of any substantial change in the volume
or character of pollutants in their discharge, including the listed
or characteristic hazardous wastes for which the industrial user has
submitted initial notification.
E.
Sample collection.
(1)
Samples collected to satisfy reporting requirements must be based
on data obtained through appropriate sampling and analysis performed
during the period covered by the report, based on data that is representative
of conditions occurring during the reporting period.
(2)
Except as indicated in Subsection E(3) and (4) below, the user must collect wastewater samples using twenty-four-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City Engineer. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. 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 City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(3)
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(4)
For sampling required in support of baseline monitoring and ninety-day compliance reports required in § 153-43A [40 CFR 403.12(b) and (d) and 9 VAC 25-31-840B 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 Superintendent may authorize a lower minimum. For the reports required by § 153-43B (40 CFR 403.12(e) and (h) and 9 VAC 25-31-840E and 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.
F.
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.
G.
If a user subject to the reporting requirements in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the City, using the procedures prescribed in § 153-43 of this chapter, the results of this monitoring shall be included in the report.
H.
Report certification and signatory requirements. All periodic compliance
reports, baseline monitoring reports, and categorical pretreatment
standard deadline ninety-day compliance reports shall be signed by
an authorized representative of the industrial user and shall contain
the following certification statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
I.
Annual certification for nonsignificant categorical industrial users: A facility determined to be a nonsignificant categorical industrial user by the City pursuant to § 153-1 must annually submit the following certification statement signed in accordance with the signatory requirements in § 153-4 for authorized and duly authorized representatives. This certification must accompany an alternative report required by the City:
"Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical Pretreatment Standards
under 40 CFR _____, I certify that, to the best of my knowledge and
belief that during the period from __________,_____ to _____, _____
[months, days, year]:
(a) The facility described as _____________ [facility name] met the definition of a Non-Significant Categorical Industrial User as described in § 153-1.
(b) The facility complied with all applicable Pretreatment Standards
and requirements during this reporting period; and (c) the facility
never discharged more than 100 gallons of total categorical wastewater
on any given day during this reporting period.
This compliance certification is based on the following information.
J.
Reporting treatment bypasses.
(1)
A bypass of the SIU's treatment system is prohibited unless all of
the following conditions are met:
(2)
SIUs must provide immediate notice to the City upon discovery of
an unanticipated bypass. If necessary, the City may require the user
to submit a written report explaining the cause(s), nature, and duration
of the bypass and the steps being taken to prevent its recurrence.
(3)
A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of its treatment system. Users anticipating a bypass must submit notice to the City at least 10 days in advance. The City may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection J(1) above.
K.
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, 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 § 153-30. 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 City, or where the user has been specifically notified of a longer retention period by the City.
L.
Industrial water survey updates. Permitted industrial sewer users
shall complete and submit waste survey questionnaire updates, as required
by the City, at least annually.
A.
The City shall require to be provided, at the industrial user's own
expense, monitoring facilities to allow inspection, sampling and flow
measurement of the building sewer and/or internal drainage system.
All liquid discharges from the industrial user's facility must be
accessible for sampling. Major and all process flows must be accessible
through sampling manhole with provisions for flow measuring devices
(flows, weirs) installed. Nonprocess flows must have separate water
meters, if wastewater flow devices are not installed.
B.
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling preparation of samples for analysis. The
facility shall be maintained at all times in a safe and proper operating
condition at the expense of the industrial user. The City will provide
the necessary sampling and flow measure devices. New user applicants
must submit plans and specifications to the City Engineer showing
a proposal for installation of the monitoring manhole or manholes,
and any proposed rerouting of waste piping. Such designs shall be
stamped by a Virginia registered professional engineer and/or signed
by an official of the firm. Lines and grades shall be shown to 0.01
foot, based on U.S.F.S./City level and traverse references. Designs
should allow space for the possible construction of pretreatment facilities.
The City shall inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements
are being complied with. The City shall inspect and sample the discharges
of significant industrial users annually. Persons or occupants of
premises where wastewater is created or discharged shall allow the
City and the approval authority or their representatives ready access
during hours of operation to all parts of the premises for the purposes
of inspection, sampling, records examination and copying or in the
performance of any of their duties.
Users shall provide necessary wastewater treatment as required
to comply with this chapter and shall achieve compliance with all
federal Categorical Pretreatment Standards within the time limitations
specified by the federal pretreatment regulations. Any facilities
required to pretreat wastewater to a level acceptable to the City
shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review and shall be recognized
by the City Engineer in writing before construction of the facility
is begun. All construction must meet the International Building Code,
National Electrical Code and all applicable fire and environmental
regulations.
A.
Information and data on an industrial user obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be made available to the public or governmental
agencies without restriction unless the industrial user specifically
requests withholding of information, processes or methods of production
entitled to protection as trade secrets of the user.
B.
When requested by the industrial user, 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 governmental agencies for uses related to this chapter, the Virginia
pollutant discharge elimination system (VPDES) permit, state disposal
system permit and/or pretreatment programs; provided, however, that
such portions of a report shall be available for use by the state
or agency in judicial review or enforcement proceedings involving
the industrial user. Effluent data shall be made available to the
public without restriction.
A.
Prohibitions. Stormwater shall not be allowed to enter the City POTW
sanitary sewer system from the facilities of significant industrial
users, either from roof or yard collection, sump or basement pumping,
storage areas, foundation drains or any other means.
B.
Documentation. Users shall submit with their permit applications
or periodic update surveys descriptions and sketches showing where
stormwater is collected and discharged from their facilities. The
City may perform or require to be performed field verification, including
smoke and/or dye testing.
C.
Separation requirements. Not less than 60 days after initial discovery
of stormwater connections or request by the City Engineer, users shall
submit plans to separate stormwater connections to prevent stormwater
from reaching the City sanitary sewer or POTW. The plans shall include
scale drawings, specifications and a timetable, not to exceed six
months for disconnection. Discharges of rerouted stormwater shall
be performed only after written approval of plans for such by the
City Engineer. The City reserves the right to require disconnection
in less than six months, as necessary to protect the public health,
safety, and welfare.
A.
Obligation of minor users. The City may require a minor user permit
for any discharges to the POTW sanitary sewer system. The purpose
of the general sewer permit for minor users is to provide simplified
documentation of users who do not require specific sewer pollutant
limitations or regular pollutant monitoring, but who may need to be
periodically advised of City-wide waste regulations and housekeeping
requirements.
B.
Permit application. The City reserves the right to issue a sewer
use permit form to any minor user establishments. Users are required
to submit the completed form within 60 days of issuance by the City.
The form constitutes both an application and a permit-by-rule upon
return receipt by the City.
C.
Permit requirements. The general sewer use permits shall include
a means for user acknowledgment of City-wide sewer prohibitions, including,
but not limited to, excessive discharges of oil, acid or solvents.
D.
Permit duration. General sewer use permits shall be renewed every
five years.
E.
Severability. The issuance of general sewer use permits to certain
minor users does not relieve those minor users from the obligation
to meet all other prohibitions of this chapter and does not relieve
other nonpermitted sewer users from the obligation to comply with
the general prohibitions of this chapter.
F.
Change to industrial sewer use permit. Based on information gathered,
the City reserves the right to change a user's status from minor user
to significant industrial user, thus requiring application for an
industrial sewer use permit.
G.
Stormwater at minor user facilities. Minor users who receive general
sewer use permits shall submit a description of how stormwater, including
roof drains, yard drains and pumpage, are discharged. The City requires
separation of stormwater connections from the POTW sanitary sewer.
