[Adopted 10-25-1999[1]]
A.
This article sets forth uniform requirements for users
of the publicly owned treatment works (POTW) for the Town of Hillsville
and enables the Town to comply with all applicable state and federal
laws, including the Clean Water Act (33 United States Code § 1251,
et seq.), the General Pretreatment Regulations (40 CFR Part 403),
and the Virginia Permit Regulation (9-VAC 25-31-10 et seq.). The objectives
of this article are to:
(1)
Prevent the introduction of pollutants into the POTW
that will interfere with the operation of the POTW;
(2)
Prevent the introduction of pollutants into the POTW
which will pass through the POTW, inadequately treated, into receiving
waters or otherwise be incompatible with the POTW;
(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)
Protect both POTW personnel who may be affected by
wastewater and sludge in the course of their employment and protect
the general public;
(5)
Promote reuse and recycling of industrial wastewater
and sludge from the POTW;
(6)
Provide for fees for the equitable distribution of
the cost of operation, maintenance and improvement of the POTW; and
(7)
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.
B.
This article shall apply to all users of the POTW.
The article authorizes the issuance of wastewater discharge permits;
provides for monitoring, compliance and enforcement activities; establishes
administrative review procedures; requires industrial user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
Except as otherwise provided herein, the Town
Manager and Director shall administer, implement and enforce the provisions
of this article. Any powers granted to or duties imposed upon the
Town Manager and Director may be delegated by the Town Manager or
Director to other Town personnel.
The following abbreviations, when used in this
article, shall have the designated meanings:
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BOD —
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Biochemical oxygen demand.
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CFR —
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Code of Federal Regulations.
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COD —
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Chemical oxygen demand.
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EPA —
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United States Environmental Protection Agency.
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gpd —
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Gallons per day.
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mg/l —
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Milligrams per liter.
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VPDES —
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Virginia pollutant discharge elimination system.
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O&M —
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Operation and maintenance.
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POTW —
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Publicly owned treatment works.
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RCRA —
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Resource Conservation and Recovery Act.
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SIC —
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Standard industrial classifications.
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SWDA —
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Solid Waste Disposal Act (42 U.S.C. § 6901,
et seq.).
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TSS —
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Total suspended solids.
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USC —
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United States Code.
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A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF THE USER
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND (BOD)
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
COLOR
COMPOSITE SAMPLE
CONTROL AUTHORITY
ENVIRONMENTAL PROTECTION AGENCY or EPA
EXISTING SOURCE
GRAB SAMPLE
INDIRECT DISCHARGE or DISCHARGE
INDUSTRIAL USER or USER
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
INTERFERENCE
MEDICAL WASTE
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NONCONTACT COOLING WATER
PASS-THROUGH
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARDS or STANDARDS
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES
PUBLICLY OWNED TREATMENT WORKS OR POTW
SEPTIC TANK WASTE
SEWAGE
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(a)
(b)
(c)
(3)
SLUG LOAD
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
STORMWATER
SUSPENDED SOLIDS
TOWN
TOWN MANAGER
TOXIC POLLUTANT
TREATMENT PLANT EFFLUENT
UTILITIES DIRECTOR OR DIRECTOR
WASTEWATER
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article, shall have the
meanings hereinafter designated.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251, et seq.
The Department of Environmental Quality of the Commonwealth
of Virginia.
If the user is a corporation:
The president, secretary, treasurer or a vice
president of the corporation in charge of a principal business function
or any other person who performs similar policy or decisionmaking
functions for the corporation.
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second
quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility or their designee.
The individuals described in Subsection (1) to (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Town.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20º centigrade, usually expressed as a concentration (mg/1).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. § 1317) which apply to a specific category of industrial
users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to 0.0 optical density.
The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The Town of Hillsville or the Town Council of Hillsville.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time, not to
exceed 15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Act.
A source of indirect discharge.
The maximum concentration (or loading) of a pollutant allowed
to be discharged at any time, determined from the analysis of any
discrete or composited sample collected, independent of the industrial
flow rate and the duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources: inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and, therefore, is a cause of a violation of the POTW's
VPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II, commonly referred to as the "Resource Conservation
and Recovery Act" (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under Section 307(c) of the Act which will be applicable
to such source if such standards are thereafter promulgated accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located; or
The building, structure, facility or installation
totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
The production or wastewater generating processes
of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source as defined under
this subsection has commenced if the owner or operator has:
Begun or caused to begin as part of a continuous
onsite construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material intermediate product, waste product or finished
product.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Town VPDES permit, including an
increase in the magnitude or duration of a violation.
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.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, municipal
agricultural and industrial wastes and certain characteristics of
wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of introducing such pollutants into
the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibitive discharge standards, categorical pretreatment
standards and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 167-26 of this article.
A "treatment works" as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned by the state or municipality.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes of a liquid nature, and any conveyances which convey wastewater
to a treatment plant. The term also means the municipal entity having
jurisdiction over the users and responsibility for the operation and
maintenance of the treatment works.
Any sewage from holding tanks, such as vessels, chemical
toilets, campers, trailers and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
Is designated as such by the Town on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 167-26 of this article, or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget,
1987.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquid, and which is
removable by laboratory filtering.
The Town of Hillsville or the Town Council of Hillsville.
The person that has general charge and management of the
administrative affairs and work of the Town, under control of Town
Council.
One of the 126 pollutants, or combination of those pollutants,
listed as toxic in regulations promulgated by the EPA under the provision
of Section 307 (33 U.S.C. § 1317) of the Act.
Any discharge of pollutants from the POTW into waters of
the state.
The person designated by the Town to supervise the operation
of the POTW and who is charged with certain duties and responsibilities
by this article, or a duly authorized representative.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW designed to provide treatment of
sewage and industrial waste.
B.
"Shall" is mandatory; "may" is permissive or discretionary.
The use of the singular shall be construed to include the plural and
the plural shall include the singular as indicated by the context
of its use.
A.
General prohibitions. No user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass-through or interference to normal treatment methods or creates
a public nuisance. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state or local pretreatment standards
or requirement.
B.
Specific prohibitions. No user shall introduce or
cause to be introduced into the POTW the following pollutants, substances
or wastewater.
(1)
Pollutants which create a fire or explosive hazard
in the municipal wastewater collection and POTW, including, but not
limited to, wastestreams with a closed-cup flashpoint of less than
140º F (60º C) using the test methods specified in 40 CFR
261.21.
(2)
Wastewater having a pH less than 5.0 or more than
12.5 or otherwise causing corrosive structural damage to the POTW
or equipment.
(3)
Solid or viscous substances in amounts which will
cause obstruction of the flow in the POTW resulting in interference,
but in no case solids greater than 2 inches or 5.1 centimeter(s) in
any dimension.
(4)
Pollutants, including oxygen demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which, either singly or by interaction with other pollutants,
will cause interference with the POTW or any related operations or
processes.
(5)
Wastewater having a temperature greater than 150º
F (65º C), or which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104º F (40º C).
(6)
Petroleum oil, nonbiodegradable cutting oil or products
of mineral oil origin in amounts that will cause interference or pass-through.
(7)
Pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
(8)
Trucked or hauled pollutants, except at discharge points designated by the Town in accordance with § 167-31.4 of this article.
(9)
Noxious or malodrous liquids, gases, solids or other
wastewater which, either singly or by interaction with other wastes,
is sufficient to create a public nuisance, a hazard to life or to
prevent entry into the sewers for maintenance and repair.
(10)
Wastewater which imparts color which cannot
be removed by the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions, which consequently imparts
color to the treatment plant's effluent thereby violating the Town's
VPDES permit.
(11)
Wastewater containing any radioactive wastes
or isotopes except in compliance with applicable state or federal
regulations.
(12)
Stormwater, surface water, groundwater, artesian
well water, roof runoff, subsurface drainage, swimming pool drainage,
condensate, deionized water, noncontact cooling water and unpolluted
industrial wastewater, any new or existing discharge to the POTW that
could cause any inflow or infiltration, unless specifically authorized
by the Town.
(13)
Sludges, screenings or other residues from the
pretreatment of industrial wastes.
(14)
Medical wastes, except as specifically authorized
by the Town in a wastewater discharge permit.
(15)
Wastewater causing, alone or in conjunction
with other sources, the treatment plant's effluent to fail a toxicity
test.
(16)
Detergents, surface active agents or other substances
which may cause excessive foaming the POTW.
(17)
Fats, oils or greases of animal or vegetable
origin in concentrations greater than 100 mg/l.
(18)
Wastewater causing two readings on an explosion
hazard meter at the point of discharge into the POTW or any point
in the POTW of more than 10% or any single reading over 10% of the
lower explosive limit of the meter.
(19)
Wastewater with a chlorine demand sufficient
enough to disrupt any biological treatment of the POTW.
C.
Pollutants, substances or wastewater prohibited by
this section shall not be processed or stored in such a manner that
they could be discharged to the POTW.
D.
All floor drains located in process or materials storage
areas must discharge to the user's pretreatment facility before connecting
to the POTW.
A.
The categorical pretreatment standards found at 40
CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant
in wastewater, the Town may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard,
the Town shall impose an alternate limit using the combined waste
stream formula in 40 CFR 403.6(e).
(3)
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 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
B.
State pretreatment standards.
(1)
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 article.
(2)
The state standards and limitations shall apply in
any case where they are more stringent than the National Categorical
Pretreatment Standards.
A.
The Town may apply local limits through issuance of industrial user permits as provided in §§ 167-31.6 through 167-31.10 of this article. The Town may apply local limits based on EPA categorical pretreatment standards, 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 CFR Part 403 and 9-VAC 25-31-10 et seq., Part VII.
B.
The following pollutant limits are established to
protect the POTW. No person shall discharge wastewater containing
in excess of the following:
C.
The above limits apply at the point where the wastewater
is discharged to the POTW. The Town may impose mass limitations in
addition to or in place of the concentration based limitations above.
The Town reserves the right to establish, by
ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
No industrial user shall ever increase the use
of process water, or in any way attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance
with a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Town may impose mass limitations
on industrial users which are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of
mass limitations is appropriate.
The Town shall not issue a permit for any connection
to the Town's treatment works or treatment facilities unless there
is sufficient capacity, not legally committed to other users, in the
treatment works and treatment facilities to adequately treat the quantity
of wastewater for the requested connection. The Town may permit such
a connection if there are legally binding commitments to the needed
capacity.
Industrial users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in § 167-26 above within the time limitations specified by the EPA, the state or the Town, 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 Town for review and shall be acceptable to the Town 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.
A.
Whenever deemed necessary, the Town may require industrial
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 Town may require any person discharging into the
POTW to install and maintain, on his/her property and at his/her 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 Town, 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. All interception units shall be of type and capacity
approved by the Town 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.
D.
Users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
At least once every two years, the Town shall
evaluate whether each user needs an accidental discharge/slug control
plan. The Town may require any user to develop, submit for approval
and implement such a plan. Alternatively, the Town may develop such
a plan for any user. An accidental discharge/slug control plan shall
address, at a minimum, the following:
A.
Description of discharge practices, including nonroutine
batch discharges;
B.
Description of stored chemicals;
D.
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
runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents,
and/or measures and equipment for emergency response.
A.
Septic tank waste may be introduced into the POTW only at locations designated by the Town, and at such times as are established by the Town. Such waste shall not violate §§ 167-26 through 167-31 of this article or any other requirements established by the Town. The Town may require septic tank waste haulers to obtain wastewater discharge permits.
B.
The Town shall require haulers of industrial waste
to obtain wastewater discharge permits. The Town may require generators
of hauled industrial waste to obtain wastewater discharge permits.
The Town also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all other requirements
of this article.
C.
Industrial waste haulers may discharge loads only
at locations designated by the Town. No load may be discharged without
prior consent of the Town. The Town may collect samples of each hauled
load to ensure compliance with applicable standards. The Town may
require the industrial waste hauler to provide a waste analysis of
any load prior to discharge.
E.
Industrial waste haulers must provide a waste tracking
form for every load. This form shall include, at a minimum, the name
and address of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste and volume and characteristics
of waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
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 §§ 167-31.37 through 167-31.53 of this article.
When required by the Town 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
Director 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.
A.
Permit required; violation of permit.
(1)
No user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Town, except that a user that has filed a timely application pursuant to Subsection B of this article may continue to discharge for the time period specified therein.
(2)
The Town may require other users to obtain wastewater
discharge permits as necessary to carry out the purposes of this article.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in §§ 167-31.37 through 167-31.53 of this article. 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.
Wastewater discharge permitting existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 60 days after said date, apply to the Town for a wastewater discharge permit in accordance with § 167-31.8 of this article, and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Town.
C.
Wastewater discharge permitting new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 167-31.8 of this article, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence.
D.
Wastewater discharge permitting extrajurisdictional
industrial users.
(1)
The Town may require any existing significant industrial user located beyond the Town limits to submit a wastewater discharge permit application, in accordance with § 167-31.8 below, within 30 days of the effective date of this article. New significant industrial users located beyond the Town limits shall submit such applications to the Town 90 days prior to any proposed discharge into the POTW.
(2)
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 said industrial user.
A.
All users required to obtain a wastewater discharge
permit must submit a permit application. The Town may require all
users to submit as part of an application the following information:
(1)
All information required by § 167-31.19B of this article;
(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 POTW;
(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 and appurtenances
by size, location and elevation, and all points of discharge;
(7)
Time and duration of discharges; and
(8)
Any other information as may be deemed necessary
by the Town to evaluate the wastewater discharge permit application.
B.
Incomplete or inaccurate applications will not be
processed and will be returned to the user for revision.
All wastewater discharge permit applications
and user reports must be signed by an authorized representative of
the user and contain the following certification statement:
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"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."
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The Town will evaluate the data furnished by
the user and may require additional information. Within 30 days of
receipt of a complete wastewater discharge permit application, the
Town will determine whether or not to issue a wastewater discharge
permit. The Town may deny any application for a wastewater discharge
permit.
A wastewater discharge permit shall be issued
for a specified time period, not to exceed five years from the effective
date of the permit. A wastewater discharge permit may be issued for
a period of less than five years, at the discretion of the Town. Each
wastewater discharge permit will indicate a specific date upon which
it will expire.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Town to
prevent pass through or interference, protect the quality of the water
body receiving the treatment plant's effluent, protect worker health
and safety, facilitate sludge management and disposal and protect
against damage to the POTW.
A.
Wastewater discharge permits must contain:
(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 § 167-31.15 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3)
Effluent limits based on applicable pretreatment
standards;
(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; and
(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.
B.
Wastewater discharge permits may contain, but need
not be limited to, the following conditions:
(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 nonroutine 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; and
(8)
Other conditions as deemed appropriate by the
Town to ensure compliance with this article and state and federal
laws, rules and regulations.
The Town shall provide public notice of the
issuance of a wastewater discharge permit. Any person, including the
user, may petition the Town to reconsider the terms of a wastewater
discharge 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 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
shall not be stayed pending the appeal.
D.
If the Town fails to act within 30 days, a request
for reconsideration shall be deemed to be denied. Decisions not to
reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit,
shall be considered final administrative action for purposes 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 General District Court for Carroll County
within 30 days of the final administrative action. (Title 15, § 15.1-855[1])
[1]
Editor's Note: Code of Virginia, § 15.1-855,
was repealed by the Acts of 1997, c. 587, effective 12-1-1997.
A.
The Town 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)
Revision 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 filing of a request by the permittee for a wastewater
discharge permit modification does not stay any wastewater discharge
permit condition.
A.
Wastewater discharge permits may be transferred to
a new owner or operator only if the permittee gives at least 30 days'
advance notice to the Town and the Town approves the wastewater discharge
permit transfer. The notice to the Town 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.
A.
The Town may revoke a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1)
Failure to notify the Town of significant changes
to the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the Town of changed condition pursuant to § 167-31.23 of this article;
(3)
Misrepresentation 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 Town 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 article.
B.
Wastewater discharge 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.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 167-31.8 of this article, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
A.
If another municipality or user located within another
municipality contributes wastewater to the POTW, the Town may enter
into an intermunicipal agreement with the contributing municipality.
B.
Prior to entering into an agreement described in Subsection A above, the Town shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as described in Subsection A above, shall contain the following conditions.
(1)
A requirement for the contributing municipality 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 those set out in § 167-28 of this article. 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 contributing municipality
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 contributing
municipality; which of these activities will be conducted by the Town;
and which of these activities will be conducted jointly by the contributing
municipality and the Town;
(4)
A requirement for the contributing municipality
to provide the Town with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(5)
Limits on the nature, quality and volume of
the contributing municipality's wastewater at the point where it discharges
to the POTW;
(6)
Requirements for monitoring the contributing
municipality's discharge;
(7)
A provision ensuring the Town access to the
facilities of users located within the contributing municipality's
jurisdictional boundaries for the purpose of inspection, sampling
and any other duties deemed necessary by the Town; and
(8)
A provision specifying remedies available for
breach of the terms of the intermunicipal agreement.
A.
Within either 180 days after the effective date of a categorical pretreatment standard or the administrative decision on a category 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 Town a report which contains the information listed in Subsection 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 Town a report which contains the information listed in Subsection 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 processes.
(4)
Flow measurement: information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined waste stream 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 Town, 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 representative of daily operations and shall be analyzed in accordance with procedures set out in § 167-31.29 of this article.
(6)
Certification: a statement reviewed by the user's
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
and M, and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(7)
Compliance schedule: if additional pretreatment and/or O and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O and M. The completion date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 167-31.20 of this article.
The following conditions shall apply to the schedule required by § 167-31.19B(7) of this article.
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 the 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 Town
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 reports to the Town.
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 Town a report containing the information described in § 167-31.19B(4) through (6) of this article. 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 § 167-31.9 of this article.
A.
All significant industrial users shall, at a frequency determined by the Town, 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 § 167-31.9 of this article.
B.
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.
Each user must notify the Town of any planned
significant changes to the user's operations or system which might
alter the nature, quality or volume of its wastewater at least 30
days before the change.
A.
The Town 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 application under § 167-31.8 of this article.
C.
For 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.
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.
A.
In the case of any discharge, including, but not limited
to, accidental discharges, discharges of a nonroutine, episodic nature,
a noncustomary batch discharge or a slug load, that may cause potential
problems for the POTW, the user shall immediately telephone and notify
the Town 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 industrial user.
B.
Within five days following such discharge, the user
shall, unless waived by the Town, submit a detailed written report
describing the cause(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 article.
C.
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 discharge described in Subsection A above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
All users not required to obtain a wastewater
discharge permit shall provide appropriate reports to the Town as
the Town may require.
If sampling performed by a user indicates a
violation, the user must notify the Town 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 Town
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 user's initial
sampling and when the user receives the results of this sampling.
The Town does not accept the discharge of hazardous
waste into the POTW.
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 the 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.
A.
Except as indicated in Subsection B below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Town 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. In addition, grab samples may be required to show compliance with 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.
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 United States
Postal Service, the date of receipt of the report shall govern.
Users subject to the reporting requirements
of this article shall retain and make available for inspection and
copying all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of
information obtained pursuant to monitoring activities undertaken
by the user independent of such requirements. 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 Town.
The Town shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this article and any wastewater discharge permit or order issued
hereunder. Users shall allow the Town ready access to all parts of
the premises for the purposes of inspection sampling, records examination
and copying and the performance of any additional duties.
A.
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.
B.
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 quality and/or quantity of the user's discharge into the POTW. The Town reserves the right to use the data from such devices for billing the user. Any device used for billing shall be calibrated and maintained as outlined in Subsection C.
C.
The Town may require the user to 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 by the user to measure
wastewater flow and/or quality shall be calibrated at the manufacturer's
interval or at intervals specified by the Town to ensure their accuracy.
The user shall submit to the Town a copy of the calibration record(s)
within 30 days of the calibration date. Failure to comply with any
of these requirements may result in the Town rejecting the information
provided by the monitoring equipment for any reporting or billing
purpose, until the requirements of this article are satisfied. The
Town reserves the right to have a qualified technician of its own
choosing perform spot calibrations. If the spot calibrations indicate
an error greater than 5%, the calibration will be at the user's expense.
D.
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
Town and shall not be replaced. The costs of clearing such access
shall be borne by the user.
E.
Unreasonable delays in allowing the Town access to
the user's premises shall be a violation of this article.
If the Town 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 article
or that there is a need to inspect and/or sample the Town designed
to verify compliance with this article or any permit or order issued
hereunder or to protect the overall public health, safety and welfare
of the community, then the Town may seek issuance of a search warrant
from the appropriate authorities.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from the Town'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 available immediately 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.
The Town shall publish annually, in the largest
daily 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 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.
When the Town finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Town may serve upon said 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 occur before
or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the Town to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
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 effect as the administrative orders issued pursuant to §§ 167-31.40 and 167-31.41 of this article and shall be judicially enforceable.
The Town may order a user which has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement to appear before the Town and show cause why
the proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for the meeting,
the proposed enforcement action, the reasons for such action and a
request that the user show cause why the proposed enforcement action
should not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show cause hearing shall not be a bar
against or prerequisite for taking any other action against the user.
When the Town finds that a user has violated
or continues to violate any provision of this article a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, 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 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 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.
A.
When the Town finds that a user has violated or continues
to violate any provision of this article, 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 a prerequisite for taking any other action against
the user.
A.
When the Town finds that a user has violated or continues
to violate any provision of this article, a 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. The
Town also retains the option to impose a surcharge on any user that
violates any provision of this article. The surcharge shall be applied
to the user's sewer bill covering the date(s) in which the violation
occurred. The surcharge amount is solely at the discretion of the
Town and may be a percentage up charge of the user's bill. In the
event of repeated similar violations, the surcharge may be incremental
with each repeat violation. Such fines or surcharges 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 1% per
month. A lien against the user's property will be sought for unpaid
charges, fines and penalties.
C.
Users desiring to dispute such fines must file a written
appeal 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 Council shall consider the appeal at
the next regularly scheduled Council meeting. In the event that 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.
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 users 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 § 167-31.44 of this article 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 §§ 167-31.39 or 167-31.44 of this article.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 167-31.16 of this article, any user who violates 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; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 167-31.39 of this article why the proposed action should not be taken.
C.
Exercise of this option by the Town shall not be a
bar to or a prerequisite for taking any other action against the user.
When the Town finds that a user has violated
or continues to violate any provision of this article, a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, the Town may petition the Carroll County
General District Court 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 article 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 be a bar against or a prerequisite for taking any
other action against a user.
A.
Civil penalties.
(1)
A user who has violated or continues to violate
any provision of this article, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
shall be liable to the Town 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.
(2)
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.
(3)
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.
(4)
Filing a suit for civil penalties shall not
be a bar against or a prerequisite for taking any other action against
a user.
B.
Criminal prosecution.
(1)
A user who willfully or negligently violates
any provision of this article, a wastewater discharge permit or order
issued hereunder or any other pretreatment standard or requirement
shall, upon conviction, be guilty of a Class 1 misdemeanor, punishable
by a fine of not more than $2,500 per violation per day or imprisonment
for not more than 12 months in jail, or both.
(2)
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 1 misdemeanor
and be subject to a penalty of not more than $2,500 or be subject
to imprisonment for not more than 12 months in jail, or both. This
penalty shall be in addition to any other cause of action for personal
injury or property damage available under state law.
(3)
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 article, wastewater discharge permit or order issued hereunder,
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this article shall, upon
conviction, be guilty of a Class 1 misdemeanor and be punished by
a fine of not more than $2,500 per violation, per day, or imprisonment
for not more than 12 months in jail, or both.
The remedies provided for in this article are
not exclusive. The Town 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 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.
The Town may decline to reissue a wastewater
discharge permit to any user which has failed to comply with the provisions
of this article, a previous wastewater discharge permit or order issued
hereunder or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the Town, in
a sum not to exceed a value determined by the Town to be necessary
to achieve consistent compliance.
The Town may decline to reissue a wastewater
discharge permit to any user who has failed to comply with any provision
of this article, a previous wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
Whenever a user has violated or continues to
violate any provision of this article, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
water service to the user may be severed. Service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
A violation of any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the Town. Any person(s) creating a public nuisance shall be subject to the provisions of the Town Code, Chapter 97, governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating or remedying said nuisance.
The Town is authorized to pay up to $1,000 for
information leading to the discovery of noncompliance by a user. In
the event that the information provided results in a civil penalty
(or an administrative fine) levied against the user, the Town may
disperse up to 50% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $1,000.
Users which have not achieved consistent compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Town. Existing contracts for the sale of goods or services to
the Town held by a user found to be in significant noncompliance with
pretreatment standards may be terminated at the discretion of the
Town.
A.
For the purposes 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 preventive 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 Subsection 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 workman-like 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 five 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 of 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.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 167-26A of this article or the specific prohibitions in § 167-26B(1) through (19) of this article if it can prove 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 that either:
A.
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
B.
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 the case of interference, was in compliance with applicable sludge
use or disposal requirements.
A.
Terms defined.
(1)
"Bypass" means the intentional diversion of
waste streams from any portion of a user's treatment.
(2)
"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.
C.
Notification of bypass.
(1)
If a user knows in advance of the need for a
bypass, it shall submit prior notice to the Town, at least 10 days
before the date of the bypass, if possible.
(2)
A user shall submit oral notice to the Town
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 five 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 and times, 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 Town may waive the written report on a case-by-case basis if the
oral report has been received within 24 hours.
D.
Approval of bypass.
(1)
Bypass is prohibited, and the Town may take
enforcement action against a user for a bypass unless:
(a)
Bypass was unavoidable to prevent loss of life,
personal injury or severe property damage;
(b)
There was no feasible alternative to the 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 preventive maintenance; and
Wastewater treatment rates may be adopted and
changed as deemed necessary by the Town's governing body.
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,
including the cost of processing such applications;
B.
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;
C.
Fees for reviewing and responding to accidental discharge
procedures and construction;
D.
Fees for filing appeals; and
E.
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 article and are separate from all other
fees, fines and penalties chargeable by the Town.
