Chapter 22
SEWERS AND SEWAGE DISPOSAL*
*Charter reference - Authority of council to construct sewers or public ducts, § 11(9).
Cross references - Extension of sewer lines to promote industrial development, § 2-21; building regulations, Ch. 9; erosion and sediment control, Ch. 11; solid waste, Ch. 25; sewer pipes to be run directly to street, § 26-9; sanitary sewer lines in subdivisions, § 27-78; water supply, Ch. 29; zoning, Ch. 31.
State law references - Sewage disposal generally, Code of Virginia, § 32.1-163 et seq.; authority of city to establish, maintain and operate sewage disposal systems, §§ 15.1-320, 15.1-876; authority of city to regulate sewage disposal, §§ 15.1-855, 15.1-856.
Art. I. In General, §§ 22-1--22-15
Art. II. Connections to City Sewer Systems, §§ 22-16--22-34
Art. III. Sewer User Fee, §§ 22-35--22-41
Art. IV. Sewer Stoppage and Repair, §§ 22-42--22-69
Art. V. Pretreatment and Discharge Requirements, §§ 22-70--22-84
ARTICLE I. IN GENERAL
Sec. 22-1. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor.
Cross reference - Penalty for Class 3 misdemeanor, § 1-10.
Sec. 22-2. General requirement for sewage disposal facilities.
It shall be unlawful for any owner of property used for human habitation in the city to fail to provide and maintain sanitary facilities for the disposal of sewage, either through connections with the city system of sewers or through the use of septic tanks. (Code 1964, § 19-3)
Sec. 22-3. When septic tank required.
The owner of any property referred to in section 22-2, which property is not required to be connected to a public sewer by article II of this chapter and which property is not so connected, shall connect the sanitary facilities on such property to a septic tank constructed and maintained in accordance with the directions of the health officer and applicable provisions of state laws and regulations. (Code 1964, § 19-25)
State law reference - Septic tank permits, Code of Virginia, § 32.1-164.1.
Sec. 22-4. Prohibited sewer deposits generally.
No person shall discharge into the main or lateral sanitary sewers, or any household sewer or drain through which substances are discharged, any cinders, vegetables, fruits, fruit peelings, ashes, rags, cotton, hair or any refuse matter or garbage or anything other than the ordinary discharge of water closets, such as liquid house slops and closet paper. (Code 1964, § 19-4)
Sec. 22-5. Discharge of rain or surface water into sewers.
(a) No rainwater from roofs or houses, surface water or drainage from yards shall be permitted to flow into a public sanitary sewer.
(b) The connection of any roof drain, downspout or other drainage facility used to remove rain or surface water from any building, structure or premises to the sanitary sewerage system of the city is hereby prohibited.
(c) Whenever the director of public works determines that roof drains, downspouts or similar drainage facilities from structures or buildings create an overloading or flooding condition in the city's sanitary sewerage system, the owner, agent or person responsible for such buildings or structures shall take the necessary corrective action to eliminate the discharging of such drainage facilities to the sanitary sewerage system within ninety (90) days from the date of the notification by the director.
(d) In situations where:
(1) The provisions of subsection (c) of this section apply and have been invoked by the director of public works;
(2) The only reasonable means of disposition of surface water carried in such roof drains, downspouts or similar facilities is to deposit the same in the gutter on the abutting street carrying street surface runoff; and
(3) There is an existing sidewalk or curb; the provisions of section 26-10 of this Code shall not apply as to such roof drains, downspouts or similar facilities and the city shall, at its expense, provide for the conduct of the water through or under the existing sidewalk or curb, it being the responsibility of the property owner to provide for the conduct of the surface water carried in such roof drain, downspout or similar facility to the point of the sidewalk or curb and at a grade or elevation approved by the director of public works. (Code 1964, §§ 19-5, 19-5. 1)
Secs. 22-4--22-15. Reserved.
ARTICLE II. CONNECTIONS TO CITY SEWER SYSTEMS
Sec. 22-16. When required.
(a) Whenever a sewer is available to any property in the city, the owner of the property shall be required to cause the buildings on his premises to be connected with such sewer, either directly or through some private sewer, the connection to be made as determined by the city manager and within one month after notice to connect has been given to the property owner by the city manager.
(b) If any property owner fails or refuses to comply with this section, the city may, at its option, cause the necessary work to be done to make the connection and the amount so expended, including the fees and charges prescribed by this article, shall be recoverable against such property owner. (Code 1964, §§ 19-6, 19-13)
(c) For the purposes of this section, a sewer is deemed available to any single family housing structure in the case where the city sewer main is either (i) situate on the particular property, or (ii) a 90° lateral connection from the city sewer main to the nearest property line of a parcel would not exceed 100 feet. For any property used for multi-family dwellings or for any business, commercial or industrial use, a sewer is deemed available where the city sewer main is either (i) located on the particular property, or (ii) a 90° lateral connection from the city main to the nearest property line of a parcel would not exceed 300 feet. Notwithstanding the foregoing, however, if the straight line distance from the point of connection to the sewer main to the nearest part of the structure to be served exceeds (i) 200 feet in the case of a single family structure or (ii) 600 feet in the case of a multi-family, business, commercial, or industrial structure, the property owner may connect with such sewer, but is not required to do so.
(d) In the case where sewer is not available to a particular property as defined in subsection (c) of this section, and sewer later becomes available to said property and provided that the property has a connection to an approved septic tank as set forth in Section 22-3 of Article I of Chapter 22 of the Staunton City Code, the owner of the property shall have the option to either (i) have such connection made in accordance with the requirements of this Article II, or (ii) elect to have such connection made within five (5) years of the date such sewer becomes available to said property (the "delayed connection"). If the property owner elects to delay the connection, the property owner shall execute a document on a form approved by the City (the "delayed connection form") indicating the election and agree to connect within such period at the prevailing connection and facilities fees existing at the time such connection is made plus five per cent (5%) if said connection is made within 12 months of the date sewer is available, or plus ten per cent (10%) if said connection is made more than 12 months of the date sewer is available but less than 24 months of said date, or plus fifteen per cent (15%) if said connection is made after 24 months of the date sewer is available but less than 36 months of said date, or plus twenty per cent (20%) if said connection is made more than 36 months of the date sewer is available but less than 48 months of said date, or plus twenty-five per cent (25%) if said connection is made after 48 months of the date sewer is available. If the property owner elects to delay the connection as provided herein, the property owner shall agree that the "delayed connection form" will be recorded in the Deed Books in the Clerk's Office of the Circuit Court of the City of Staunton, Virginia, at the property owner's expense in such fashion as to constitute notice to any subsequent owner of said property and to establish a lien for such fees against the said owner and property.
(e) Application for such "delayed connection" shall be made to the Director of Public Works for the City of Staunton on the form set forth in subsection (d) hereof. (Code of 12/08/94)
(f) Exception for certain property.
The City recognizes that certain properties in the City are presently not connected to a sewer that is presently available to said property. As long as these properties have a working septic system, installed prior to January 1, 1995, pursuant to Section 22-3 hereof, such property shall not be required to connect to the existing sewer now available to said property. Upon the failure of such septic system, however, as determined by the Health Department of the City, such property shall be connected to the sewer system of the City if sewer is available to said property, as set forth in subsection (a) hereof, and no new septic system shall be authorized for such properties. This exception shall not apply to a property where sewer was previously not available prior to January 1, 1995, but has become available since that date by a new sewer line installed. In such case, the provisions of subsection (d) hereof shall apply. (Ord. of 7/26/95)
State law reference - Authority of city to require sewer connections, Code of Virginia, § 15.1-876.
Sec. 22-17. Permit.
No connection shall be made in any manner to the city's sanitary sewerage system, unless the owner of the property first secures a permit from the city manager for each building, including accessory buildings, to be so connected. The city manager shall, for such purpose, use a suitable bound book containing blank permits, with duplicate stubs, in which all permits shall be recorded by him. (Code 1964, §§ 19-9, 19-19)
Sec. 22-18. Connection and facilities fees.
Connection Fees
(a) The charge for all connections shall be the direct cost of the city, plus thirty (30) percent of the direct cost to cover overhead and indirect cost. This cost includes the service connection from the main to the right-of-way line. A deposit of nine hundred dollars ($900.00) is required prior to installation, and the balance of the total cost of installation is payable to the city within thirty (30) days after completion of the connection work by the city utility crews. Should the total cost of the installation be less than the deposit, the difference between nine hundred dollars ($900.00) and the total cost of the installation will be refunded to the individual providing the deposit.
(b) Where the service connection is installed by the developer, the city will inspect the installation of the service. The developer shall be responsible for all direct costs related to inspection, plus thirty (30) percent of actual cost to cover overhead and indirect cost. (Ord. of 4/27/95; Ord. of 3/14/96)
Off-Site Facilities Fee
(c) The off-site facilities fee for all applicants is to cover the cost of present and future capital facilities constructed. Capital expenditures include, but are not limited to, treatment facilities, sewer mains, and pump stations. The off-site facilities fee shall be assessed all connectors to an existing or proposed establishment of a sewer system as set forth in the schedule of facilities fees under subparagraph (i) of this section. All monies collected as "off-site facilities fees" under § 22-18 shall be deposited in a special account of the Sewer Enterprise Fund to be known as the "sewer facilities fees account". Funds unexpended and remaining in this special account, at the end of each fiscal year, shall carry forward to succeeding fiscal years. Monies shall be disbursed from this special account to pay the costs of such present and future capital facilities, and related existing and future debt service with respect thereto. (Ord. of 6/25/91; Ord. of 12-16-93)
(d) Off-site and oversize main credit policy. Credits will be allowed against the off-site facilities fee for off-site extension in excess of three hundred (300) feet and/or line size in excess of minimum size required to serve the development. No credit will be allowed where a main size greater than minimum size in diameter is required to adequately serve the owner. Credits will be computed based on public bids for the subject construction or a schedule of rates determined for the construction of sewerage systems established annually by the director of engineering and utilities.
(e) The city council may by separate agreement with a developer enter into a reimbursement agreement for off-site facilities which may be required by the city and which would not be covered by the off-site and oversized main credit policy above.
(f) The total connection fee(s) and facilities fee(s) for affected lots as shown on the final plat as approved by the Planning Commission shall be submitted to the City no later than the date of consideration of said final plat by City Council. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier's check. In the event final plat approval is not obtained by the applicant, such connection fee(s) and facilities fee(s) shall be returned to the applicant without interest within five (5) business days of the final plat consideration, unless the applicant requests the aforementioned fees to remain in the City's possession pending modifications and resubmission of the final plat for approval by City Council.
The total connection fee(s) and facilities fee(s) for development requiring final plan approval by the Building Official shall be submitted to the City prior to said final plan approval. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier's check.
The total connection fee(s) and facilities fee(s) in cases of increased sewer services that do not require any form of plan approval shall be paid at the time when service is requested. The connection fee(s) and facilities fee(s) shall be paid by certified or cashier's check. (Ord. of 6/25/91)
(g) The city council may, by resolution, waive a portion of the facilities fees for sewer facilities installed under federal or state funded sewer projects. The portion of the fee that is waived shall be indicated as city financial participation in the sewer project.
(h) The city council may, by resolution, authorize the off-site facilities fee to be waived entirely or to be paid from the general fund for those commercial or industrial owners which the city council determines would be in the best interest of the city's economic development and which would generate significant employment.
(i)Schedule of Sewer Facilities Fees:
| Water Meter Size (inches) | EDU* | Off-site Facilities Fees |
|---|---|---|
(Ord. of 2/27/92)
(j) Total connection and facilities fee:
(1) The total fee due by the owner to the city shall be the appropriate facilities fee and the connection fee. A connection fee shall be due for new connections only. Facilities fees shall be due for both new structures and additions to existing structures which add 0.5 Equivalent Dwelling Units (EDU) or more to an existing structure.
The EDU, as set forth herein, shall be considered the same as the Equivalent Dwelling Connection (EDC) as defined and derived in the latest Virginia Health Department "Waterworks Regulations".
The facilities fee due shall be determined, first, by establishing the EDU demand on the system, and second, by the meter size set forth in paragraph (i), above, which will accommodate such demand. Such fee is due regardless of need for change to an existing water meter.
(Ord. of 9/10/92)
(2) The minimum fee for any connection shall be that established for a standard residential connection with a 5/8-inch meter.
(3) If connections are made to sewer lines outside the city limits, or if the connecting lines come from outside the city limits, the total fee for such connections shall be fifty (50) percent more than the fee for a resident of the city for service within the city and such shall be paid before any permit is issued authorizing the connection. The applicant shall sign an agreement to the effect that he will guarantee payment of an annual sewage rental fee.
(Code, 1964, §§ 19-10, 19-20; Ord. of 1-24-85; Ord. of 2-11-88; Ord. of 2-9-89, § 1; Ord. of 3-22-90, § 1; Ord. of 2-28-91)
Sec. 22-19. Line extensions to facilitate connections.
(a) On any request for a sanitary sewer connection with the city's sewerage system, where a line is available in the street, a regular connection fee and facilities fee will be charged and the sewer line will be extended to the edge of the property line or easement line. The applicant will be responsible for the initial construction on private property beyond the property line or easement line. The maintenance of the sewer service line, once the connection is complete all the way to the main, will be the responsibility of the property owner.
(b) On any request for a sanitary sewer connection with the city's sewerage system, where the end of the sewer line must be extended along the city street prior to the lateral leaving the main sewer line to extend to the right-of-way line, the actual direct cost of the main line extension, plus thirty (30) percent to cover overhead and indirect expenses, plus the connection fee and facilities fee shall be charged to the applicant.
(c) On any request for a sanitary sewer connection with the city's sewerage system, where a line is not in the street but available in the vicinity, a regular connection fee and facilities fee will be charged for the connection. The applicant will be responsible for easement costs and the cost of the construction of the sewer line beyond its termination point, or the city will install the sewer to the applicant's property line for the actual cost, plus thirty (30) percent to cover overhead and indirect expenses. The extended sewer line, if on private land, must be installed with a permanent easement between the main sewer line and the applicant's boundary line.
(d) All sewer lines and connections which connect to the city's sanitary sewerage system must be inspected and approved by the city. The developer shall be responsible for all direct costs related to inspection, plus (30) percent of the actual cost to cover overhead and indirect cost. This subsection does not apply to installation made by the city.
(e) Notwithstanding the provisions of this section, the city shall not be required to extend any sewer line along a street which is not a part of the street system maintained by the city until satisfactory bond has been furnished, conditioned upon the satisfactory improvement of the street in accordance with specifications for similar improvements set forth in Chapter 27 of this Code.
(f) Notwithstanding the foregoing, however, the city council may, by resolution, authorize the off-site sewer extension to be wholly or in part paid by the city from the general fund and/or sewer utility fund for those commercial or industrial owners which the city council determines would be in the best interest of the city's economic development and would generate significant employment. The city manager is authorized to approve such cost share arrangement, without such council resolution, provided the city's cost or share meets the guidelines and parameters set forth by city council for dealing with developers, if the particular project, in the opinion of the city manager, proves to be in the best interest of the city as set forth above and is in accordance with the comprehensive plan and zoning requirements. (Code 1964, §§ 19-7, 19-16; Ord. of 1-10-91; Ord. of 2-28-91)
Sec. 22-20. Installation of connecting lines along street or alley.
No lines to be connected with a public sewer shall be installed along any public street or alley of the city by any person, except the city's employee's, under the direction of the city manager, who shall in all cases prescribe the size of such lines and the depth that they shall be laid. These lines, when installed, shall become the property of the city. (Code 1964, § 19-15)
Sec. 22-21. Connection with sewer not in street upon which property located.
The owner of a lot on a street or public alley along which there is no public sewer may, with the permission of the city manager, connect his sewer with some other accessible public sewer, either along the streets and alleys of the city or through private property and, if desirable and convenient, through a private sewer already in existence; provided, however, that no such connection shall be made over or through private property or by means of a private sewer already in existence, without the consent of the owner of such private property or private sewer. (Code 1964, §§ 19-8, 19-19)
Sec. 22-22. Inspection of lines prior to connection.
Before a sewer connection is made by the city pursuant to a permit issued under § 22-17. it shall be the duty of the plumbing inspector to inspect all outside sewer lines to the street, to ascertain if all requirements have been met. If the plumbing inspector shall ascertain that all requirements have been met, he shall approve the permit and turn it over to the proper authority who will make the requisite connection. (Code 1964, § 19-11)
Sec. 22-23. Compliance with building code, etc.
If connection is made to the city sewer system by any person, either inside or outside the corporate limits of the city, such person shall comply strictly with the technical requirements of the Virginia Uniform Statewide Building Code and the applicable provisions of this Code, and have all sewer and water piping inspected and approved by the plumbing inspector and secure all required permits. (Code 1964, § 19-12)
Cross reference - Building code, § 9-14 et seq.
Sec. 22-24. Annual review of facilities fees and connection charge prescribed by article.
Facilities fees and connection charges prescribed by article shall be reviewed by the director of public works during the first quarter of each calendar year and presented to the city council for updating. (Code 1964, § 19-10.1; Ord. of 12-13-90; Ord. of 2-28-91; Ord. of 2/23/95)
Sec. 22-25. Discontinuance of service at request of consumer.
An owner or tenant of property supplied with sewer may discontinue the use thereof by giving the chief finance officer notice in writing, one week prior to such discontinuance, of his desire to have sewer service discontinued and the water meter removed. In such case, the water meter will be removed and a final bill rendered. The minimum charge prescribed by section 22-37 will be made, however, as long as the water meter remains connected, whether any sewer is provided to the premises or not. (Ord. of 4-27-89)
Sec. 22-26. Policy When Sewer User Fees Paid When No Connection to Sewer Systems Exists.
a. It is the responsibility of the property owner (or tenant upon the premises) to determine whether or not the property is connected to the city sewer system. If such person is not certain their property is so connected, the City will, upon written request to the Director of Public Works, without charge, determine if said property is so connected.
b. In any case where the property owner (or tenant upon the premises) has paid sewer "user fees" as defined and set forth in Sections 22-35 through 22-41 of this Chapter 22 of the City Code, and where such property was not connected to the city systems, the city will refund to said person the sewer "user fees" so paid by said person, but such refund shall be limited to the actual amounts paid in error by such person during the immediately preceding 36 months, without interest.
c. If the case set forth in (b) above is discovered, and where sewer connection is otherwise required under § 22-16 of this Chapter, the property owner shall have such connection made pursuant thereto, and pay the connection fee and facilities fees required by § 22-18. Notwithstanding the foregoing, however, in any case where the property owner (or tenant), including their precedessors in title, have erroneously paid sewer "user fees" continuously since prior to November, 1990, the date of the Draper Aden Associates Water and Sewer Systems Study, the facilities fee shall be waived, if the property owner (or tenant) presents evidence of such situation prior to October 13, 1995. (Ord. 4/13/95)
Secs. 22-27--22-34. Reserved.
ARTICLE III. SEWER USER FEE
Sec. 22-35. Definition.
As used in this article, the term "user fee" shall mean the fee imposed by this article for the use of the city's sanitary sewer system.
Sec. 22-36. Imposed; basis.
There is hereby imposed upon the owner or occupant of any premises or lot connected to the city system of sanitary sewers a user fee designed to cover the cost to the city for providing wastewater disposal services. The basis for such fee shall be determined by the amount of metered water which shall enter the premises through the city's water distribution system or by the amount of sewerage disposed of through a separate wastewater meter. (Code 1964, § 19-10.2; Ord. of 4-13-89)
Sec. 22-37. Amount.
(a) The user fee shall be two dollars and thirteen cents ($2.13) per each one hundred (100) cubic feet of metered water entering the premises. The owner of any premises may, at his option and expense, install a separate meter designed to measure the waste water actually entering the city system of sanitary sewers. Subject to the inspection and approval of the separate meter by the city, the rate of two dollars and thirteen cents ($2.13) per one hundred (100) cubic feet will be applied to the metered flow of waste water into the sewer system. There shall be paid each two (2) months, as prescribed, by each user of the city sewer system, a minimum charge per two months of ten dollars and sixty-five cents ($10.60). (Ord. Of 5/13/1999)
(b) Users of the city sewer system within the corporate limits of the city who do not have city water service shall be charged a flat rate of twenty-one dollars and thirty cents ($21.30) each two (2) months, with the exception of any existing contracts in effect specifying a different rate. (Ord. Of 5/13/1999)
(c) The rate at which waste water disposal services will be provided outside the corporate limits of the city shall be one and one-half (1 1/2) the regular city rate, with the exception of any existing contracts in effect specifying a different rate.
(d) No sewer user fee will be charged for metered water supplies through an outside and separate water service which has been installed at the owner's expense for the exclusive use of construction, lawn irrigation, and plant watering, and from which water cannot be reasonably expected to enter the sanitary sewer system. Refer to section 29-4(c). (Ord. of 5/25/95)
(e) No sewer user fee will be charged for a portion of metered water entering the premises under the following conditions;
1. Whenever the owner or occupant of a lot or premises is installing a new lawn or a new landscaping scheme upon the lot or premises and watering of the same is necessary for the initial gestation and growth of the same; the owner or occupant may obtain relief from the sewer user fee under the following conditions;
(i) The project must be the establishment of a new lawn of at least 1,800 square feet, the cost of which exceeds $1,500.00; or
(ii) The complete renovation of a previously established lawn of at least 1,800 square feet, the cost of which exceeds $1,500.00; or
(iii) A new landscaping plat or a renovation of an existing landscaping plan, the cost of which exceeds $2,000.00.
2. An owner or occupant seeking relief under this section shall make application therefore at the water billing department of the City of Staunton and present to the water billing department such evidence, including receipts for seeding, plantings, etc., as requested by the water billing department to determine whether or not the applicant qualifies for relief. Upon approval by the water billing department of the request, the water used during the time concerned, to the extent that it exceeds the average amount of water used by the premises for the immediate past twelve months (or such lesser period of time that the premises were used or occupied), shall not be used in computing the sewer user fee set forth herein. In the event there is no past history available with regard to water usage for the subject premises, the water billing department shall determine an average water bill for the subject premises based on estimations for similar sized dwellings or buildings in making its computations hereunder.
3. No such relief shall be issued for the watering of vegetable gardens or for any other use except as set forth herein, and the relief granted hereunder shall be granted only for a period of time not to exceed sixty days and such relief shall not be granted with respect to the same premises more than once in each calendar year.
4. Because of the recent drought in the months of June, July and August, 1993, any owner or occupant of any premises or lot connected to the City system of sanitary sewers may, nevertheless, make application as set forth herein for such relief as set forth herein, provided said application is received by the water billing department no later than the 1st day of February, 1994. (Code 1964, § 19-10.3; Ord. of 7-23-81; Ord. of 6-24-82; Ord. of 6-23-83; Ord. of 6-14-84; Ord. of 9-12-85; Ord. of 5-22-86; Ord. of 10-23-86, § I; Ord. of 3-26-87; Ord. of 5/28/92; Ord. of 5/13/93; Ord. of 12-16-93)
Sec. 22-38. Computation when meter fails to register.
If any water or wastewater meter fails to register or is temporarily out of order or inoperable for any reason, the user fee for each two-month period shall be based on the average meter reading for the preceding twelve (12) months. (Code 1964, § 19-10.5)
Sec. 22-39. Billing and records.
The chief finance officer shall be charged with the duty of computing the bills for user fees in accordance with the rates prescribed by this article and with the keeping of the necessary records, which shall be made out and kept in such manner as shall be prescribed by ordinance or by the council. (Code 1964, § 19-10.4)
Cross reference - General duties of chief finance officer relative to billing of utility customers, § 12-57.
Sec. 22-40. Adjustment or refund when bill excessive.
(a) Any customer receiving an adjustment or refund on a water bill pursuant to section 29-34 of this Code shall also receive a refund or adjustment on the user fee, based on the excess of the user fee over the average bill rendered for the preceding twelve (12) months. (Code 1964, § 19-10.6)
(b) In cases where a water line breaks within a residence or business, upon written request of the owner, or other person responsible for the payment of the sewer user fee, the chief financial officer shall request that the director of public works investigate the claim. If such investigation indicates that the water flowing from the break could not or did not enter the sanitary or combined sewer system, the claimant will be entitled to an adjustment on the sewer user fee. Such adjustment shall be accomplished by issuing a bill therefore equal to the highest bi-monthly consumption billed to the account over the immediately prior twelve (12) month period, in lieu of the bill subject of the complaint. Such adjustment provided herein shall be granted only once in any one twelve (12) month period. In order to qualify for such adjustment, the claimant must have repaired the break within a reasonable time after discovery of the break, not to exceed thirty (30) days. (Ord. 2/8/96)
Sec. 22-41. Terms and conditions of payment.
The terms and conditions of payment of the user fee shall be the same as those specified in article II of chapter 29 of this Code for water billing. Nonpayment of the user fee constitutes grounds for termination of water service, as specified in section 29-37 of such chapter. (Code 1964, § 19-10.4)
ARTICLE IV. SEWER STOPPAGE AND REPAIR
Sec. 22-42. Responsibility for repair and maintenance.
(a) The city shall be responsible for the repair and maintenance of all main sewer lines and the property owner concerned shall be responsible for the repair and maintenance of the lateral connection to the main sewer line (from the point of entry to the house or building to the connection with the main line).
(b) Where repairs or maintenance are necessary to a lateral line, the property owner shall employ at his expense qualified persons to effect such repairs, but in the event any excavation for such repair or maintenance is necessary on public property, this excavation and refill and repaving, if necessary, shall be done by city personnel at the expense of the property owner whose lateral is affected.
(c) Notwithstanding the foregoing paragraph (a), however, if the maintenance or repair needed to a main line is caused by an agency owned, under control of or constructed upon the property of the owner, such as, but not limited to, roots of trees situate upon private property which invade the main, such cost of repair or maintenance shall be reimbursed to the city by the property owner concerned.
(d) Notwithstanding the foregoing paragraph (a), however, if the maintenance or repair needed to a lateral line is caused by the faulty installation of the lateral line by the city under public property, such cost of repair or maintenance shall be reimbursed to the property owner by the city. (Ord. of 5-13-87)
Secs. 22-43--22-69. Reserved.
ARTICLE V. PRETREATMENT AND
DISCHARGE REQUIREMENTS
Editors Note: By ordinance of 5/13/93, Article V was deleted and the existing Article VI was redesignated as Article V.
Sec. 22-70. General provisions.
A. Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect dischargers of pollutants from nondomestic sources into the wastewater collection and treatment system for the City of Staunton and enables the City to comply with all applicable State and Federal laws including the Clean Water (Act 33 U.S.C. 1251 et seq.), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system;
(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(c) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its marketability;
(d) To protect both municipal personnel who may come into contact with sewage, sludge and effluent in the course of their employment as well as protecting the general public;
(e) To preserve the hydraulic capacity of the municipal wastewater system;
(f) To improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(g) To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and
(h) To insure the City complies with its NPDES permit conditions, sludge use and disposal requirements and any other Federal or State laws which the municipal wastewater system is subject to.
This ordinance provides for the regulation of direct and indirect to the municipal wastewater collection system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
This ordinance shall apply to the City and to persons outside of the City who, by contract with the City, are included as users of the municipal wastewater system. Except as otherwise provided herein, the Director of Public Works (Director) or his designees shall administer, implement, and enforce the provisions of this ordinance. By discharging wastewater into the municipal wastewater system, industrial users located beyond the City limits agree to comply with the terms and conditions established in this Ordinance, as well as any permits or orders issued hereunder. (Ord. of 2/23/95)
B. Administration
Except as otherwise provided herein, the Director shall administer, implement and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel.
C. Definitions
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated;
(1) Act or "the Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2) Approval Authority. The Virginia State Water Control Board.
(3) Authorized Representative of the Industrial User.
1. If the industrial user is a corporation, authorized representatives shall mean:
a) 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 decision-making functions for the corporation, or
b) 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 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.
3. If the individual user is representing Federal, State or local governments, or an agent thereof, an authorized representative shall mean a director of highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
4. The individuals described in paragraphs 1-3 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 authorization is submitted to the City.
(4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l).
(5) Building Sewer. A sewer conveying wastewater from the premises of a user to the Publicly Owned Treatment Work (POTW).
(6) Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405-471, incorporated herein by reference.
(7) City. The City of Staunton.
(8) Color. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
(9) Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.
(10) Cooling Water. The water discharged from any such use as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(11) Control Authority. The term "Control Authority" shall refer to the City of Staunton.
(12) Discharge. The discharge or the introduction of nondomestic pollutants into the municipal wastewater system by an industrial user.
(13) Environmental Protection Agency or U.S. EPA. The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Regional Waster Management Division Director or other duly authorized official of said agency.
(14) Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under section 307(b) and (c) (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act.
(15) Grab Sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the water stream and without consideration of time.
(16) Holding Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(17) Industrial User. Any person which is a source of nondomestic discharge.
(18) Industrial wastewater. A nondomestic wastewater originating from a nonresidential source.
(19) Interference. A discharge which causes or contributes to the inhibition or disruption of the municipal wastewater system, including sewerage collection facilities, the processes or operations of the treatment plant, or the use or disposal of sewage sludge in accordance with the City's NPDES permit or any of the following regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (including Title II commonly referred to as the Resource Conservation and Recovery Act {RCRA}; any State sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
(20) Medical Waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
(21) Municipal Wastewater System or System. 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 and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the system.
(22) New Source.
1. Any source of a discharge, the construction or operations of which commenced after the publication of proposed Categorical Pretreatment Standards under Section 307(c) {33 U.S.C. 1317(c)} of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307(c), provided that:
(i) no other source is located at that site; or
(ii) the source completely replaces the process or production equipment of an existing source at that site; or
(iii) the new wastewater generating process of the source is substantially independent of an existing source at that site; and the construction of the source creates a new facility rather than modifying an existing source at that site. (In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing 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.)
2. For purposes of this definition, construction or operation has commenced if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous on site construction program:
(a) Any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or
(b) 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 a new source facilities or equipment; or
(ii) 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 definition.
(23) Nondomestic Pollutants. Any substances other than human excrement and household gray water (shower, dishwashing operations, etc.) Nondomestic pollutants include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).
(24) Pass Through. A discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with an indirect discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation).
(25) Person. Any individual, partnership, co-partnership, 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 or local governmental entities.
(26) pH. A measure of the acidity or alkalinity of of a substance, expressed in standard units; neutral wastewaters are numerically equal to 7 while the number increasing alkalinity and decreases to show increasing acidity.
(27) Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat wrecked or discharged equipment, rock, sand, cellar dirt and agricultural wastes.
(28) Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater thereby rendering them less harmful to the municipal wastewater system prior to introducing such pollutants into the system. 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.
(29) Pretreatment Standard and Requirements. Any substantive or procedural requirement related to pretreatment, including National pretreatment categorical standards and prohibitive discharge standards imposed on an industrial user.
(30) Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain defined types of industrial wastewater; these prohibitions appear in Section 22-71A of this ordinance.
(31) Residential Users. Persons only contributing sewage wastewater to the municipal wastewater system.
(32) Receiving Stream or Water of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
(33) Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.)
(34) Significant Industrial User. The term significant industrial user shall mean: a) industrial users subject to categorical pretreatment standards, and b) any other industrial user that: i) discharges an average of 25,000 gpd or more of process wastewater, ii) contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or, iii) is designated as significant by the City on the basis that the industrial user has a reasonable potential for causing pass through or interference.
(35) Slug Load. Any pollutant (including BOD) released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in Section 22-71 of this Ordinance.
(36) Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
(37) Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snow melt.
(38) Suspended Solids. 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.
(39) Director. The person designated by the City to supervise the operation of the municipal wastewater system and who is charged with certain duties and responsibilities by this article or his duly authorized representative.
(40) Toxic Pollutant. One of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of Section 307 (33 U.S.C. 1317) of the Act.
(41) Treatment Plant That portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste.
(42) Treatment Plant Effluent. Any discharge of pollutants from the municipal wastewater system into waters of the state.
(43) User. Any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources.
(44) Wastewater. The liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system.
This ordinance is gender neutral and the masculine gender shall include the feminine and vice versa. Shall is mandatory; may is permission 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.
D. Abbreviations
The following abbreviations shall have the designated meanings:
Sec. 22-71. General Sewer Use Requirements
A. Prohibited Discharge Standards
No industrial user shall contribute or cause to be contributed into the municipal wastewater system, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general prohibitions apply to all industrial users of the municipal wastewater system whether or not the user is subject to categorical pretreatment standards or any other National, State or local pretreatment standards or requirements. Furthermore, no industrial user may contribute the following substances to the system:
a. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are wastestreams with a closed cup flashpoint of less than 140 degrees F (60 degrees C). At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system or at any point in the system be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.
b. Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one half inch (1/2") (1.27 centimeters) in any dimension.
c. Any fats or greases, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;
d. Any wastewater having a pH less than 5.0, or otherwise causing corrosive structural damage to the system, city personnel or equipment.
e. Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals.
f. Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with our wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
g. Any substance which may cause the treatment plant effluent or any other residues, sludges, or scums. to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the City to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the Act: the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other State requirements applicable to the sludge use and disposal practices being used by the City.
h. Any 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 plants effluent thereby violating the City's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation points for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.
i. Any wastewater 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 104 degrees F (40 degrees C).
j. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Director in compliance with applicable State or Federal regulations.
k. Any pollutants which result in the presence of toxic gases, vapors or fumes within the system in a quantity that may cause worker health and safety problems.
l. Any trucked or hauled pollutants, except at discharge points designated by the City in accordance with section 22-72F.
m. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.
n. Any industrial wastes containing floatable fats, waxes, grease or oils, or which become floatable at the wastewater temperature at the introduction to the treatment plant during the winter season; but in no case, industrial wastewater containing more than 100 mg/l of emulsified oil or grease.
o. Nonbiodegradable cutting oils, commonly called soluble oils, which form a persistent water emulsion, and nonbiodegradable complex carbon compounds.
p. Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
q. Any medical wastes, except as specifically authorized by the Director in a wastewater permit.
r. Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.
s. Any material identified as hazardous waste according to 40 CFR Part 261 except as may be specifically authorized by the Director.
t. Any wastewater causing the treatment plant effluent to show a lethal concentration of fifty percent (LC ) as determined by a toxicity test of ninety-six (96) hours or less, using a percentage of the discharge and aquatic test species chosen by the Director.
u. Recognizable portions of the human or animal anatomy.
v. Any wastes containing substances which cause excessive foaming in the municipal wastewater system.
Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal wastewater system. The Director may require that floor drains located in process or storage areas discharge into the user's pretreatment facility before connecting to the City system.
B. Federal Categorical Pretreatment Standards and State Requirements
a. Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter I, Subchapter N, Parts 405-471 and incorporated herein.
b. State pretreatment requirements set forth in VR 680-14-01, are incorporated herein.
C. Specific Pollutant Limitations
The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits based on 24 hour composite samples:
Concentrations apply at the point where the industrial waste is discharged to the municipal wastewater system. All concentrations for metallic substances are for "total recoverable" metal. At his discretion, the Director may impose mass limitations in addition to or in place of the concentration based limitations above. (Ord. of 5/13/93)
D. City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives presented in Section 22-70A of this Ordinance or the general and specific prohibitions in Section 22-71B of this Ordinance.
E. Special Agreement
The City reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Industrial users may also request a variance from the categorical pretreatment standard from U.S. EPA. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by U.S. EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.
F. Dilution
No 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 in any other pollutant-specific limitation developed by the City.
Sec. 22-72. Pretreatment of wastewater.
A. Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment as required to comply with this Ordinance and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 2 above, within the time limitations specified by the Director. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the City under the provisions of this Ordinance.
B. Additional Pretreatment Measures
Whenever deemed necessary, the Director may require industrial users to restrict the industrial user's discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user's compliance with the requirements of this Ordinance.
a. Each person discharging, into the municipal wastewater system, greater than 100,000 gallons per day or greater than five percent (5%) of the average daily flow in the system, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow over a twenty-four (24) hour period. The facility shall have a capacity for at least fifty percent (50%) of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Director. A wastewater permit may be issued solely for flow equalization. The Director may require such facility for lesser discharges in any case.
b. Grease, oil and sand interceptors shall be provided, when in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Director 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 owner, at his expense.
c. Industrial users with the potential to discharge flammable substances may be required to nstall and maintain an approved combustible gas detection meter.
C. Accidental Discharge / Slug Control Plans
The Director may require any industrial user to develop and implement an accidental discharge / slug control plan. At least once every two years, the Director shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge / control slug plan shall submit a plan which addresses, at a minimum, the following:
a. Description of discharge practices, including nonroutine batch discharges.
b. Description of stored chemicals.
c. Procedures for immediately notifying the municipal wastewater system of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Section 22-71 of this ordinance.
d. Procedures to prevent adverse impact from any accident. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
D. Tenant Responsibility
Any person who shall occupy the industrial user's premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this Ordinance in the same manner as the Owner.
E. Separation of Domestic and Industrial Wastestreams
All new and domestic wastewaters from rest rooms, showers, drinking fountains, etc. shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a required pretreatment system and the industrial user's monitoring facility. When directed to do so by the Director, industrial users must separate existing domestic wastestreams from industrial wastestreams.
F. Hauled Wastewater
Septic tank waste (septage) will not be accepted into the municipal wastewater system.
G. Vandalism
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 municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in section 22-80 below.
Sec. 22-73 Wastewater Permit Eligibility
A. Wastewater Survey
When requested by the Director all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the ordinance.
B. Wastewater Permit Requirement
It shall be unlawful for significant industrial users to discharge wastewater into the City's sanitary sewer system without first obtaining a wastewater permit from the Director. Any violation of the terms and conditions of wastewater permit shall be deemed a violation of this ordinance and subjects the industrial user to the sanctions set out in sections 22-80 through 22-82. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by Federal, State, or local law.
a. The Director may require other industrial users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purposes of this chapter.
C. Permitting Existing Connections
Any significant industrial user which discharges industrial waste into the municipal wastewater system prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the City for a wastewater permit in accordance with Paragraph F below, and shall not cause or allow discharges to the system to continue after one hundred eighty (180) days of the effective date of this ordinance except in accordance with a permit issued by the Director.
D. Permitting New Connections
Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least ninety (90) days prior to the anticipated start up date.
E. Permitting Extrajurisdictional Industrial Users
Any existing significant industrial user located beyond the City limits shall submit a permit application, in accordance with Paragraph F below, within ninety (90) days of the effective date of this ordinance. New significant industrial users located beyond the City limits shall submit such applications to the Director ninety (90) days prior to any proposed discharge into the municipal system. Upon review of such application, the Director may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this Article, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the Director 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 user.
F. Wastewater Permit Application Contents
In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form approved by the Director.
a. Name, mailing address, and location (if different from the mailing address);
b. Environmental control permits held by or for the facility;
c. Standard Industrial Classification (SIC) codes for pretreatment the industry as a whole and any processes for which categorical pretreatment standards have been promulgated;
d. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be Discharged to the municipal system;
e. Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system;
f. Each product produced by type, amount, process or processes and rate of production;
g. Type and amount of raw materials process (average and maximum per day);
h. The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge.
i. Time and duration of the discharge.
j. Measured average daily and maximum daily flow, in gallons per day, to the municipal system from regulated process streams as necessary to use the combined wastestream formula in 40 CFR 403.6(e).
k. Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonal variation, if any;
l. Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any Federal, State, or local standards, pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.
m. A statement reviewed by an authorized representative of the user and certified to by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary.
n. If additional pretreatment and/or O & M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O & M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
(i) 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 exclude hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to in (a) above shall exceed nine (9) months, nor shall the total compliance period exceed eighteen (18) months.
(ii) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied within 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. In no event shall more than nine (9) months elapse between such progress reports to the Director.
o. Any other information as may be deemed by the Director to be necessary to evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
G. Application Signatories and Certification
All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user.
"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."
H. Wastewater Permit Decisions
The Director will evaluate the data furnished by the industrial user and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Director will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.
Sec. 22-74. Wastewater Permit Issuance Process
A. Wastewater Permit Duration
Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than five (5) years, at the discretion of the Director. Each permit will indicate a specific date upon which it will expire.
B. Wastewater Permit Contents
Wastewater permits shall include such conditions as are reasonable deemed necessary by the Director 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, protect ambient air quality, and protect again damage to the municipal wastewater system.
a. Wastewater Permits must contain the following conditions:
(1) A statement that indicates permit duration, which in no event shall exceed 5 years.
(2) A statement that the permit is nontransferable without prior notification to and approval from the City, and provisions for furnishing the new owner or operator with a copy of the existing permit.
(3) Effluent limits applicable to the user based on applicable standards in Federal, State and local law.
(4) Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on Federal, State and local law.
(5) Statements of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules.
b. Permits may contain, but need not be limited to, the following:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(2) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
(3) Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(4) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.
(5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
(6) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.
(7) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(8) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedules.
(9) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within thirty (30) days where self-monitoring indicates a violation(s).
(10) Compliance schedules for meeting pretreatment standards and requirements.
(11) Requirements for submission of periodic self-monitoring or special notification reports.
(12) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in Sec. 22-75K and affording the Director or his representatives, access thereto.
(13) Requirements for prior notification and approval by the Director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.
(14) Requirements for the prior notification and approval by the Director of any change in the manufacturing and/or pretreatment process used by the permittee.
(15) Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system.
(16) A statement that compliance with 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 permit.
(17) Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and State and Federal laws, rules and regulations; the term of the permit.
C. Wastewater Permit Appeals
Any person including the industrial user may petition to the City to reconsider the terms of the permit within ten (10) days of the notice.
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 permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.
c. The effectiveness of the permit shall not be stayed pending the appeal.
d. If the City fails to act within fifteen (15) days of the receipt of the petition, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative action for purposes of judicial review.
e. Aggrieved parties seeking judicial review of the final administrative permit decision must do so by filing a complaint with the Circuit Court for the City of Staunton, Virginia, within thirty (30) days.
D. Wastewater Permit Modification
The Director may modify the permit for good cause including, but not limited to, the following:
a. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
b. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of permit issuance
c. A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge.
d. Information indicating that the permitted discharge poses a threat to the City's municipal wastewater system, City personnel, or the receiving waters.
e. Violation of any terms or conditions of the wastewater permit.
f. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
g. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
h. To correct typographical or other errors in the permit
i. To reflect a transfer of the facility ownership and/or operation to a new owner / operator.
The filing of a request by the permittee for a permit modification does not stay any permit condition.
E. Wastewater Permit Transfer
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director if the permittee gives at least thirty (30) days advance notice to the Director. The notice must include a written certification by the new owner which:
a. States that the new owner has no immediate intent to change the facility's operations and processes
b. Identifies the specific date on which the transfer is to occur
c. Acknowledges full responsibility for complying with the existing permit.
Failure to provide advance notice of a transfer renders the wastewater permit voidable on the date of facility transfer.
F. Wastewater Permit Revocation
Wastewater permits may be revoked for the following reasons:
a. Failure to notify the City of significant changes to the wastewater prior to the changed discharge;
b. Falsifying self-monitoring reports;
c. Tampering with monitoring equipment;
d. Refusing to allow the City timely access to the facility premises and records;
e. Failure to meet effluent limitations;
f. Failure to pay fines;
g. Failure to pay sewer charges;
h. Failure to meet compliance schedules;
i. Failure to complete a wastewater survey;
j. Failure to provide advance notice of the transfer of a permitted facility;
k. Violation of any pretreatment standard or requirement or any terms of the permit or the ordinance.
Permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All permits are void upon the issuance of a new wastewater permit.
G. Wastewater Permit Re-issuance
A significant industrial user shall apply for permit re-issuance by submitting a complete permit application in accordance with Section 22-73F a minimum of ninety (90) days prior to the expiration of the user's existing permit.
H. Municipal User Permits
In the event another municipality contributes all of a portion of its wastewater to the municipal wastewater system, the City may require this municipality to apply and obtain a municipal user permit.
a. A municipal user permit application shall include:
(i) A description of the quality and volume of its wastewater at the point it enters the City's system.
(ii) An inventory of all industrial users discharging to the municipality.
(iii) Such other information as may be required by the Director.
b. A municipal user permit shall contain the following conditions:
(i) A requirement for the municipal user to adopt both a sewer use ordinance, and local limits which are at least as stringent as those set out in Section 22-71C
(ii) A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis
(iii) Requirements for the municipal user to conduct Pretreatment implementation activities including industrial user permit issuance, inspection and sampling, and enforcement as needed.
(iv) A requirement for the municipal user to provide the City with access to all information that the municipal user obtains as part of its pretreatment activities.
(v) Limits on the nature, quality, and volume of the municipal user's wastewater at the point where it discharges to the municipal wastewater system.
(vi) Requirements for monitoring the municipal user's discharge.
c. Violation of the terms and conditions of the municipal user's permit subjects the municipal user to the sanctions set out in Sections 22-79 and 22-80.
Sec. 22-75 - Reporting Requirements
A. Baseline Monitoring Reports
Within l80 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the City a report which contains the information listed in paragraph a, below. At least ninety (90) days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the City a report which contains the information listed in paragraph a. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
a. The information required by this section includes:
(1) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.
(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility.
(3) Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes.
(4) Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of Pollutants.
(i) The industrial user shall identify the categorical pretreatment standards applicable to each regulated process;
(ii) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or City) 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 performed in accordance with procedures set out in 40 CFR Part 136.
(iii) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling techniques. If flow proportional composite sampling is infeasible, samples may be obtained through time proportional sampling techniques or through four (4) grab samples if the user proves such a sample will be representative of the discharge.
(6) Special Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required in order to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 22-73F(n) of this Ordinance.
(8) All baseline monitoring reports must be signed and certified in accordance with § 22-73G.
B. Compliance Deadline Reports
Within ninety (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 municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the City a report containing the information described in Section 22-75A(a) (5 & 6). For industrial 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 industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 22-73G.
C. Periodic Compliance Reports
Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Director but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 22-73G.
a. All wastewater samples must be representative of the industrial 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 an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
b. In the event an industrial user's monitoring results indicates a violation has occurred, the industrial user must immediately notify the Director and resample its discharge. The industrial user must report the results of the repeated sampling within thirty (30) days of discovering the first violation.
D. Report of Changed Conditions
Each industrial user is required to notify the Director of any planned significant changes to the industrial user's operations or pretreatment systems which might alter the nature, quality or volume of its wastewater.
a. The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under Section 22-73F, if necessary.
b. The Director may issue a wastewater permit under Section 22-73H or modify an existing wastewater permit under Section 22-74D.
c. No industrial user shall implement the planned changed condition(s) until and unless the Director has responded to the industrial user's notice.
d. For purposes of this requirement, flow increases of ten percent (10%) or greater and the discharge of any previously unreported pollutants shall be deemed significant.
E. Reports of Potential Problems
Each industrial user shall provide protection from accidental or intentional discharges of prohibited materials or other substances regulated by this Ordinance. Facilities to prevent the discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this Ordinance.
a. No industrial user which commences contribution to the system after the effective date of this Ordinance shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City.
b. In the case of an accidental or other discharge which may cause potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the City of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
c. Within five (5) days following an accidental discharge, the user shall, unless waived by the Director, 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 system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance.
d. Failure to notify the City of potential problem discharges shall be deemed a separate violation of this ordinance.
e. 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 paragraph b, above. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
F. Reports from Noncategorical Users
All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater permit shall provide appropriate reports to the City as the Director may require.
G. Violation Report/Repeat Sampling
If sampling performed by an industrial user indicates a violation, the industrial user must notify the City within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation. The industrial user is not required to resample if the City performs monitoring at the industrial user's at least once a month, of if the City performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling.
H. Notification of the Discharge of Hazardous Waste
a. Any industrial user who commences the discharge of hazardous waste shall notify the City, the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writing of any discharge into the wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the wastewater system, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 22-75D, above.
b. Dischargers are exempt from the requirements of paragraph a of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
c. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the City, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
d. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
I. Sample Collection
Except as indicated in a, below, wastewater samples collected for purposes of determining industrial user compliance with pretreatment standards and requirements must be obtained using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling.
Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic Chemicals must be obtained using grab collection techniques.
J. Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part l36 or, if 40 CFR Part l36 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA and the City.
K. Monitoring Charges
The Director may recover the City's expenses incurred in collecting and analyzing samples of the industrial user's discharge by adding the costs to the industrial user's sewer charges.
L. Timing
Written reports will be deemed to have been transmitted at the time of deposit, postage prepaid into a mail facility serviced by the United States Postal Service.
M. Record Keeping
Any industrial user subject to reporting requirements herein shall maintain records of all information resulting from any monitoring activities. Such records shall include for all samples:
a. The date, exact place, method, and time of sampling and the names of the person taking the samples;
b. The dates analyses were performed;
c. Who performed the analyses;
d. The results of such analyses.
Such industrial user shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not required by this section) and shall make the same available for inspection and copying by the Director. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the Director.
Sec. 22-76 - Compliance Monitoring
A. Inspection and Sampling
The City shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this Ordinance is being met and all requirements are being complied with. Industrial users shall allow the Director or his representatives 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 their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
b. The City, State, and U.S. EPA shall have the right to set up or require installation of, on the industrial user's property, such devices as are necessary to conduct sampling, and/or metering of the user's operations.
c. The City may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.
d. Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
e. Unreasonable delays in allowing City personnel access to the industrial user's premises shall be a violation of this Ordinance.
B. Search Warrants
If the Director has been refused access to a building, structure or property or any part thereof, and if the Director has probable cause to believe that there may be a violation of this Ordinance or that there is a need to inspect as part of a routine inspection program of the City designed to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the District Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, or if the industrial user consents, inspections shall be made without the issuance of a warrant.
Sec. 22-77 - Confidential Information
Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from City inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law.
a. 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.
b. When requested and demonstrated by the industrial 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 this Ordinance, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report.
Sec. 22-78 - Publication of Users in Significant Noncompliance
The City shall annually publish, in the largest daily newspaper circulated in the area where the municipal wastewater system is located, a list of the industrial users which, during the previous l2 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
a. Sixty six percent (66%) or more of wastewater measurements taken during a 6 month period exceed the discharge limit for the same pollutant parameter by any amount;
b. Thirty three percent (33%) or more of wastewater measurements taken during a 6 month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (l.4 for BOD, TSS, fats, oils and grease, and l.2 for all other pollutants except pH.);
c. Any other discharge violation that the City believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City 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 City's exercise of its emergency authority to halt or prevent such a discharge;
e. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in 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, 90 day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules;
g. Failure to report noncompliance; or
h. Any other violation(s) which the City has reason to believe is significant.
Sec. 22-79 - Administrative Enforcement Remedies
A. Notification of Violation
Whenever the Director finds that any industrial user has violated or is violating this Ordinance, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the Director or his agent may serve upon said user a written Notice of Violation. Within 10 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 to the Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the City to take emergency action without first using a Notice of Violation.
B. Consent Orders
The Director if hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as administrative orders issued pursuant to Section 22-79D and 22-79E below and shall be judicially enforceable.
C. Show Cause Hearing
The Director may order any industrial user which causes or contributes to violation(s) of this Ordinance, wastewater permits or orders issued hereunder, or any other pretreatment requirement to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial 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 this 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 ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears as noticed, immediate enforcement action may be pursued following the hearing date.
D. Compliance Orders
When the Director finds that an industrial user has violated or continues to violate the Ordinance, permits or orders issued hereunder, or any other pretreatment requirement, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the Director may continue to require such additional self monitoring for at least ninety (90) days after consistent compliance has been achieved, after which time the self monitoring conditions in the discharge permit shall control.
E. Cease and Desist Orders
When the Director finds that an industrial user has violated or continues to violate this Ordinance, permits or orders issued hereunder, or any other pretreatment requirement, the Director may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to:
a. Immediately comply with all requirements.
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
F. Administrative Fines
Notwithstanding any other section of this ordinance, any user which is found to have violated any provision of this Ordinance, permits and orders issued hereunder, or any other pretreatment requirement shall be fined in an amount not to exceed $25,000.00. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each business day during the period of violation.
a. Assessments may be added to the user's next scheduled sewer service charge and the Director shall have such other collection remedies as may be available for other service charges and fees.
b. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of twenty percent (20%) of the unpaid balance and interest shall accrue thereafter at a rate of seven percent (7%) per month. Furthermore, these unpaid charges, fines and penalties, together with interest therefrom shall constitute a lien against the individual user's property.
c. Industrial users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where the Director believes a request has merit, he shall convene a hearing on the matter within fifteen (l5) days of receiving the request from the industrial user. In the event the user's appeal is successful the payment together with any interest accruing thereto, shall be returned to the industrial user. The City may add the costs of preparing administrative enforcement actions, such as notices and orders to the fine.
G. Emergency Suspensions
The Director may suspend the wastewater permit of an industrial user, for a period not to exceed thirty (30) days, whenever such suspension is necessary in order 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, interferes with the operation of the municipal wastewater system, or which presents or may present an endangerment to the environment.
a. Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The Director shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings set forth in Section 22-79H are initiated against the user.
b. An industrial user which 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 Director prior to the date of any show cause or termination hearing under Sections 22-79C and 22-79H.
H. Termination of Permit
In addition to those provisions in Section 22-74F of this Ordinance, any industrial user which violates the following conditions of this Ordinance, wastewater permits, or orders issued hereunder is subject to permit termination:
a. Violation of 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.
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under Section 22-79C of this Ordinance why the proposed action should not be taken.
Sec. 22-80 - Judicial Enforcement Remedies
A. Injunctive Relief
Whenever an industrial user has violated or continues to violate the provisions of this ordinance, permits or orders issued hereunder, or any other pretreatment requirement, the Director, through the City's attorney, may petition the Circuit Court for the City of Staunton, Virginia, for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this ordinance on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the City. The Court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
B. Civil Penalties
Any industrial user which has violated or continues to violate this Ordinance, any order of permit hereunder, or any other pretreatment requirement shall be liable to the Director for a maximum civil penalty of $25,000.00 per violation per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each business day during the period of the violation.
a. The Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
b. 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, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
c. Where appropriate, the Director may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the City and the industrial user's expense in undertaking the project is at least one hundred and fifty percent (l50%) of the civil penalty.
C. Criminal Prosecution
a. Any industrial user who willfully or negligently violates any provisions of this Ordinance, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $l,000 per violation per day or imprisonment for not more than one year or both.
b. Any industrial 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 ordinance, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than $l,000 per violation per day or imprisonment for not more than one year or both.
c. In the event of a second conviction, the user shall be punishable by a fine of not to exceed $3,000 per violation per day or imprisonment for not more than 3 years or both.
Sec. 22-81 - Supplemental Enforcement Action
A. Performance Bonds
The Director may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this Ordinance, any orders, or a previous permit issued hereunder unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.
B. Liability Insurance
The Director may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this Ordinance, any orders, or a previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the municipal wastewater system caused by its discharge.
C. Water Supply Severance
Whenever an industrial user has violated or continues to violate the provisions of this Ordinance, orders, or permits issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
D. Public Nuisances
Any violation of the prohibitions or effluent limitations of this Ordinance, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Director or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code § 18-19 governing such nuisances, including reimbursing the City for any costs incurred in removing, abating or remedying said nuisance.
E. Informant Rewards
The Director is authorized to pay up to five hundred dollars ($500) for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty levied against the industrial user, the Director is authorized to disperse up to ten (10%) per cent of the collected fine or penalty to the informant. However, a single reward payment may not exceed ten thousand dollars ($10,000).
F. Contractor Listing
Industrial 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 City. Existing contracts for the sale of goods or services to the City held by an industrial user found to be in significant violation with pretreatment standards may be terminated at the discretion of the City.
Sec. 22-82 - Affirmative Defenses to Discharge Violations
A. Upset
An upset shall be an affirmative defense to an enforcement action brought against a user or violating a pretreatment standard and requirement if the following conditions are met:
a. The user can identify the cause of the upset,
b. The facility was operating in a prudent and workmanlike manner at the time of the upset and was in compliance with applicable O & M procedures,
c. The user submits, within 24 hours of becoming aware of the upset, a description of the discharge and its causes, the period of noncompliance (if not corrected, then time noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance,
d. If this report is given orally, the user must also submit a written report containing such information within five (5) days unless waived by the Director,
e. Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards and requirements because of factors beyond the reasonable control of the industrial user. Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute an upset.
B. General / Specific Prohibitions
An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 22-71A of this ordinance if it can prove that it did not know or have reason to know that its discharge 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 City was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use or disposal requirements.
C. Bypass
The intentional diversion of wastestreams from any portion of an individual user's treatment facility shall be an affirmative defense to an enforcement action brought against the industrial user if the user can demonstrate that such a bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. In order to be eligible for the affirmative defense, the industrial user must demonstrate that there was no feasible alternative to the bypass and submit notice of the bypass as required by 40 CFR 403.l7.
Sec. 22-83 - Miscellaneous Provisions
A. Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include:
a. Fees for permit applications including the cost of processing such applications;
b. Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by industrial users;
c. Fees for reviewing and responding to accidental discharge procedures and construction;
d. Fees for filing appeals;
e. Other fees as the City may deem necessary to carry out the requirements contained herein. These fe elate solely to the matters covered by this Ordinance and are separate from all other fees, fines and penalties chargeable by the City.
B. Severability
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
C. Conflicts
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby repealed to the extent of the inconsistency or conflict.
Sec. 22-84 - Effective Date
This ordinance shall be in full force and effect immediately following its passage, approval and publication. (Ord. of 4/23/92)