[Added 8-12-2003 by Ord. No. 03-23]
This article sets forth uniform requirements for users of the sanitary sewer system for the City and the wastewater treatment system of the South Central Wastewater Authority to which the City sewer system discharges. This article implements and provides for the implementation of requirements imposed on the City by Commonwealth of Virginia pretreatment requirements, 9 VAC 25-31-730 to 900, and federal pretreatment requirements, 40 CFR Part 403.
As used in this article, the following terms shall have the following meanings:
AUTHORITY
The South Central Wastewater Authority.
DEPARTMENT
The City's Department of Public Works.
DOMESTIC USER
Any solely residential discharger to the City sanitary sewer system.
INDUSTRIAL USER or USER
Any industrial, commercial, or other nonresidential discharger to the City sanitary sewer system.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
PRETREATMENT MANAGER or MANAGER
The employee of the Department responsible for supervising requirements under this article.
REGULATIONS
Rules and regulations of the Department implementing this article, as provided under § 238-24 herein.
SEPTIC TANK WASTE
Any sewage or other wastes from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Except as otherwise provided herein, the Department and the pretreatment manager shall administer, implement, and enforce the provisions of this article and any regulations promulgated hereunder. The Department and the pretreatment manager shall implement this article in conjunction with the programs of the Authority, and shall assist the Authority in issuing pretreatment permits to industrial users within the City.
A. 
No industrial user, domestic user, or other person shall discharge to the City's sanitary sewer system any wastewaters or other wastes which:
(1) 
Damage or may damage or interfere with the operation or maintenance of the City sanitary sewer system, other sewer systems into which the City system may discharge, or the Authority's facilities.
(2) 
Pass through the wastewater treatment facilities of the Authority untreated or inadequately treated.
(3) 
Interfere with the Authority's use or disposal of sewage sludge.
(4) 
Present a danger or inordinate risk to City or other personnel or property.
(5) 
Violate or exceed any limitations on such wastewaters or other wastes established by Virginia or federal pretreatment requirements.
B. 
The regulations shall implement the provisions of this section, and shall specify more particularly prohibitions and restrictions on the discharge of wastewaters and other wastes.
The Public Works Director is authorized to promulgate and amend as necessary pretreatment regulations. The regulations shall establish specific wastewater and other waste discharge prohibitions, restrictions, and limitations; sampling, monitoring, testing, and other analytical requirements; requirements to construct or otherwise provide access and sampling structures and equipment; administrative enforcement procedures; access and inspection requirements; requirements for septic tank waste; and a permit program applicable to all or specified classes of industrial users.
The regulations shall provide for City compliance with Virginia and federal requirements identified in § 238-20 herein. Prior to promulgation or amendment of the regulations, the Public Works Director shall provide public notice of the Director's intent to promulgate or amend, a period of no less than 15 days for public comment, and an informal public hearing.
The pretreatment regulations shall establish an administrative procedure for the appeal of pretreatment permit final action. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint, within 30 days after exhaustion of their right to administrative appeal, with the District Court for the City of Colonial Heights. Any such complaint shall name the City and the Authority as defendant parties. The District Court's standard of review shall be as specified in Virginia Code § 9-6.14:17.[1] If the Court holds in favor of the aggrieved party, the Court shall remand the permit decision. However, although there shall be a right of judicial review to contest the applicability of any requirement to an aggrieved party, there shall be no right of judicial review for substantive requirements mandated by Virginia or federal law.
[1]
Editor's Note: See now Code of Virginia § 2.2-4027.
A. 
Administrative Enforcement. The pretreatment regulations shall include provisions to address violations and possible violations of this article, the regulations, or any permit or order issued hereunder. Such administrative enforcement provisions shall include but not be limited to notices of violations and show cause hearings.
B. 
Consent Orders. The Department may enter into consent orders, assurances of voluntary compliance, or other similar agreements 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 specified by the document. Such documents shall have the same force and effect as the compliance orders issued pursuant to Subsection C herein and shall be judicially enforceable. Consent orders may include a civil charge for past noncompliance and stipulated civil charges for future noncompliance, in amounts that do not exceed the amounts specified in § 238-30 herein for civil penalties.
C. 
Compliance Orders. When the pretreatment manager finds that a user has violated, or continues to violate, any provision of this article, the regulations, or any permit or order issued hereunder, the Department may issue a compliance 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 may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated by the user in a manner and time approved by the Department. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of 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 a prerequisite for, taking any other action against the user.
The pretreatment manager 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 presents or causes an imminent or substantial endangerment to the health or welfare of persons or to the environment. The pretreatment manager may also immediately suspend a user's discharge, after informal notice to the user that threatens to interfere with the operation of the City sanitary sewer system or the facilities of the Authority.
Any user notified of a suspension of its discharge shall immediately stop or eliminate such discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the pretreatment manager may take such steps as deemed necessary, including immediate severance of the sewer connection and the City's supply of potable water to the user, to prevent or minimize damage to the City sanitary sewer system or the facilities of the Authority, the receiving stream, or endangerment to any individuals. The pretreatment manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the pretreatment manager that the period of endangerment has passed, unless the termination proceedings in § 238-28 of this article are initiated against the user.
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 pretreatment manager prior to the date of any administrative or termination hearing under this article.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. However, the Department shall provide an opportunity for an informal hearing as soon as practicable after any such emergency suspension.
Not by way of limitation of any provisions of this article, any user who violates the following conditions is subject to termination of its authorization to discharge to the sanitary sewer system and of any pretreatment permit:
A. 
Violation of wastewater discharge permit conditions;
B. 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
E. 
Violation of the discharge prohibitions in § 238-23 of this article.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
When the pretreatment manager finds that a user has violated, or continues to violate, any provision of this article, the regulations, or a wastewater discharge permit or order issued hereunder, the pretreatment manager may petition the Circuit Court for the City of Colonial Heights through the City 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 article or the regulations on activities of the user.
The pretreatment manager 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 be a bar against, or a prerequisite for, taking any other action against a user.
A. 
A user who has violated, or continues to violate, any provision of this article, the regulations, or a wastewater discharge permit or order issued hereunder shall be liable to the City for a maximum civil penalty of $2,500 per violation, per day. 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. Civil penalties shall be recovered by civil suit by the City Attorney on behalf of the City in the District Court for the City of Colonial Heights.
B. 
The City may recover reasonable attorneys' 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 City.
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 other factors as justice requires.
D. 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
A. 
A user who willfully or negligently violates any provision of this article, the regulations, or a wastewater discharge permit or order issued hereunder shall, upon conviction, be guilty of a Class 1 misdemeanor under Virginia law.
B. 
A user who willfully or negligently introduces any substance into the publicly owned treatment works (POTW) which causes personal injury or property damage shall, upon conviction, be guilty of a Class 1 misdemeanor. This penalty shall be in addition to any other cause of action for personal injury or property damage available under Virginia law.
C. 
A user who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed, or required to be maintained, pursuant to this article, the regulations, or a wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall, upon conviction, be guilty of a Class 1 misdemeanor.
If the pretreatment manager or the Authority has been refused access to a building, structure, or property, or any part thereof, and demonstrates probable cause to believe that there may be a violation of this article, the regulations, or any wastewater discharge permit or order issued hereunder, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Department or the Authority designed to verify compliance, or to protect the public health, safety and welfare of the community, then the Department or the Authority may seek issuance of a search warrant from the courts.
The remedies provided for in this article are not exclusive. The City may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the pretreatment manager may take other action against any user when the circumstances warrant, and nothing herein shall restrict the City's enforcement discretion.