HomeMy WebLinkAbout94-06ORDINANCE N0.94 ~,
a AN ORDINANCE TO ESTABLISH STANDARDS AND REGULATIONS FOR THE DISCHARGE OF
WASTEWATER AND POLLUTANTS INTO THE TOWN'S WASTEWATER COLLECTION SYSTEM
BY USERS OF THE SYSTEM, TO INSURE COMPLIANCE WITH THE TOWN'S OBLIGATIONS TO
PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY AS EMBODIED IN THE
USER AGREEMENT AND THE AUTHORITY'S RULES AND REGULATIONS, TO PROMOTE
COMPLIANCE WITH REQUIREMENTS OF THE CLEAN WATER ACT AND FEDERAL PRE-
TREATMENT REGULATIONS AND REQUIREMENTS IMPOSED BY THE DEPARTMENT OF
ENVIRONMENTAL QUALITY-VIRGINIA STATE WATER CONTROL BOARD; PROVISIONS FOR
ENFORCEMENT; PENALTIES FOR VIOLATION.
ADOPTED: May 17, 1994
EFFECTIVE: May 17, 1994
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• ORDINANCE NO.94-~
AN ORDINANCE TO ESTABLISH STANDARDS AND REGULATIONS FOR THE DISCHARGE OF
WASTEWATER AND POLLUTANTS INTO THE TOWN'S WASTEWATER COLLECTION SYSTEM
BY USERS OF THE SYSTEM, TO INSURE COMPLIANCE WITH THE TOWN'S OBLIGATIONS TO
PEPPER'S FERRY REGIONAL WASTEWATER TREATMENT AUTHORITY AS EMBODIED IN THE
USER AGREEMENT AND THE AUTHORITY'S RULES AND REGULATIONS, TO PROMOTE
COMPLIANCE WITH REQUIREMENTS OF THE CLEAN WATER ACT AND FEDERAL PRE-
TREATMENT REGULATIONS AND REQUIREMENTS IMPOSED BY THE DEPARTMENT OF
ENVIRONMENTAL QUALITY-VIRGINIA STATE WATER CONTROL BOARD; PROVISIONS FOR
ENFORCEMENT; PENALTIES FOR VIOLATION.
BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that there is hereby enacted as an
addition to Chapter 17 of the Town Code, to be entitled "Pretreatment Standards, Regulations and
Requirements" to provide as follows:
ARTICLE V. PRETREATMENT STANDARDS, REGULATIONS AND
REQUIREMENTS
Section 17- 200. General Provisions
This Article sets forth uniform requirements for users of the Town's wastewater collection system
and enables the Town to comply with its obligations under the Pepper's Ferry Regional Wastewater
• Treatment Authority User Agreement and Rufes and Regulations, and applicable Federal and State
laws and regulations, including without limitation The Federal Clean Water Act (344 USC 1251), the
Federal General Pretreatment Regulations (40 CFR 403), and the Department of Environmental
Quality-Virginia State Water Control Board Permit Regulation No. 6, or any replacement or
modification of each, as they pertain to the discharge of wastewater and its pollutants. The objects
of this Article are:
A To prevent the introduction of pollutants into the collection system that will intertere with
the operation of the regional wastewater system;
B. To prevent the introduction of pollutants into the regional treatment plant which might pass
through the plant inadequately treated into the New River or the atmosphere, or otherwise be
incompatible with the integrity of the treatment plant;
C. To ensure that the quality of the regional wastewater treatment plant sludge is maintained
at a level which allows its use and disposal in compliance with the regional plant's sludge
plan and applicable State and Federal regulations;
D. To protect the regional system's personnel and facilities and the general public;
E. To improve the opportunity to recycle and reclaim wastewater and sludge from the
regional system.
F. To provide for fees for the equitable distribution of the cost of operation, maintenance and
improvement of the Town's collection system and the regional system; and
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• G. To enable the Town to implement its pretreatment program, and to discharge its
obligations to the Pepper's Ferry Regional Wastewater Treatment Authority as embodied in
the User Agreement and the Authority's properly adopted Rules and Regulations.
1. Application.
The provisions of this Article (Sec. 17-200 through Sec. 17-213, Pulaski Town Code) shall apply to
all industrial users of the Town's wastewater collection system. It authorizes the issuance of
wastewater discharge permits, monitoring, compliance and enforcement activities (including
penalties); establishes administrative review procedures; requires industrial user reporting; and
provides for the setting of fees for the equitable distribution of the costs and expenses resulting from
establishment of the pretreatment program.
2. 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 Town personnel.
3. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
Article, shall have the meanings hereinafter designated for the purposes of this Article and shall take
precedence over definitions contained in other Sections of this Chapter if there is any conflict.
• Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq. Analytical Methods: The examination and analytical procedures
prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not
prescribe the test methods, methods used must be approved by the Town and the Authority.
Applicant: Any existing or proposed nonresidential user who files an application for a Wastewater
Discharge Permit or variance with the Town or with the Authority.
Approval Authority: The Commonwealth of Virginia, Department of Environmental Quality.
Authority: Pepper's Feny Regional Wastewater Treatment Authority.
Authorized Representative of the Industrial User:
A. If the industrial user is a corporation, authorized representative shall mean:
(1) 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:
(2) the manager of one or more manufacturing, production, or operating 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
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• has been assigned or delegated to the manager in accordance with corporate
procedures.
B. If the industrial user is a partnership, or sole proprietorship, an authorized representative
shall mean a general partner or proprietor, respectively;
C. If the industrial user is a Federal, State or local governmental facility, an authorized
representative shall mean a director or highest ofi•icial appointed or designated to oversee
the operation and performance of the activities of the govemment facility, or his/her
designee;
D. The individuals described in paragraphs A. 1-2 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 applicant, and the
written authorization is submitted to the Town.
Batch Hauled: Wastewater transported from the user or residence by mews other than a
jurisdiction's collection system. Batch hauled waste can not be introduced to Town's collection
system without a permit from both the Town and the Authority. Batch hauled wastewater must be
delivered to the regional facility or permitted designated points of delivery.
BOD (Biochemical Oxygen Demand): The quantity of oxygen utilized in the biochemical oxidation
of wastewater under standard laboratory procedures in five (5) days at 20 degrees Celsius,
• expressed in mg/1.
Building Sewer: A sewer conveying wastewater from the premises of a user to the Town's
collection facilities.
Categorical Pretreatment Standard or Categorical Standard: National Categorical Pretreatment
Standards or Pretreatment Standards as promulgated time to time by the United States
Environmental Protection Agency in accordance with Section 307 (b) and (c) of the Act (33 USC
1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter 1,
Subchapter N. Parts 405-471.
COD (Chemical Oxygen Demand: The measure, expressed in mg/1, of the oxygen consuming
capacity of inorganic and organic matter present in water or wastewater, expressing the amount of
oxygen consumed by a chemical oxidant in a specific approved test, but not differentiating between
stable and unstable organic matter and thus not necessarily correlating with BOD.
COD/BOD Ratio: The ratio of the value of COD and BOD as these values are defined above.
Collection facilities: Any Town facility used or to be used in connection with the collecting and
delivering of wastewater to the Authority at the points of delivery, including but not limited to collector
and interceptor lines, pump stations, and force mains, but excluding any part of the regional facility.
Code of Federal Regulations (40 CFR): Title 40 of the Code of Federal Regulations published in a
U.S. govemment publication, the Federal Register and/or any amendments thereto, or substitutions
• for or replacement for the same.
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• Color: The optical density at the visual wave length of maximum absorption, relative to distilled
water, One Hundred per cent (100%) transmittance is equivalent to zero (0.0) optical density.
Combined Wastestream Formula: Procedure for calculating alternative discharge limits at
industrial facilities where a regulated stream is combined with other wastewater prior to treatment.
USEPA approved procedures can be found in (40 CFR 403.7).
Compatible Wastewater: A wastewater with characteristics such as PH, BOD ,suspended solids
and additional physical and chemical characteristics which can be treated and controlled in the
collection facilities and the regional facility with no detrimental effect upon treatment efficiency or
operation. Substances that can be reduced by the regional facility to levels for discharge to the New
River or whose pass through is not detrimental to the New River are termed "compatible
pollutants.A
Composite Sample: A sample compiled of individual samples of water or wastewater taken at
selected intervals, based on an increment of either time or flow, generally hourly, for a specified
period of time.
Control Authority: Pepper's Ferry Regional Wastewater Treatment Authority (PFRWTA).
Control Manhole: A manhole giving access to a building sewer at some point before the building
sewer discharge mixes with other discharges in the public sewer.
• Cooling Water: That uncontaminated water discharged from any source such as air conditioning,
cooling or refrigeration, in which there are no prohibited and/or toxic chemical additions and the only
allowable addition to said water is heat.
Department of Environmental Quality -Commonwealth of Virginia, which is the environmental
agency that contains the State Water Control Board, which is the designated State agency for
regulation of the USEPA Pretreatment Program.
Director: Director of Engineering, also known as the Town Engineer, of the Town of Pulaski,
Virginia. The Director is the person designated by the Town to supervise the operations of the
Town's Wastewater Collection Facilities and who is charged with certain duties and responsibilities
under this Article V of Chapter 17 of the Pulaski Town Code, or his duly authorized representative.
Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the
Commonwealth of Virginia.
Discharge: -see "To Discharge."
EPA or USEPA or Environmental Protection Agency: The U. S. Environmental Protection Agency
or where appropriate its duly authorized agent.
EPA Method: The examination and analytical procedures set forth in the latest edition of Manual of
Methods for Chemical Analysis of Water and Waste, as prepared by EPA.
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• Excessive Infiltration/Inflow: The quantities of infiltration/inflow which can not be economically
eliminated from the Town's wastewater collection facility by rehabilitation, as determined by cost-
effective engineering analysis.
Executive Director: The Executive Director of the Pepper's Ferry Regional Wastewater Treatment
Authority.
Existing Source: Any source of discharge, the construction or operation of which commenced prior
to the publication of proposed categorical pretreatment standards which will be applicable to such
source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
Garbage: Animal and vegetable wastes and residues from preparation, cooking, and dispensing of
food; and from the handling, processing, storage and sale of food products and produce involving
food preparation and facility cleaning wastewater.
Grab Sample: A single sample of wastewater taken at neither a set time or specific flow condition
over a period of time not exceeding 15 minutes.
Health Department: The Commonwealth of Virginia State Department of Health or any agency of
the Commonwealth of Virginia which may succeed to its duties.
Holding Tank Waste: Any waste from holding tanks such as chemical toilets, campers, trailers, and
septic tanks. Ho{ding tank wastes are considered nonresidential and normally require a permit.
• Incompatible Wastewater: A wastewater which is not acceptable or compatible for adequate
treatment or acceptable pass through at the regional facility or the Town's collection system.
Indirect Discharge or Discharge: The discharge or the introduction of nondomestic pollutants from
any source regulated under Section 307(b) or (c) of the Act, (33, USC 1317), into the (Participant's]
collection facilities (including holding tank waste discharged into the system).
Industrial Waste: Waste resulting from; 1) any process of industry, manufacturing, trade, or
business, 2) the development of any natural resource, 3) any mixture of the waste with water or
normal or normal wastewater, that is distinct from normal wastewater.
Industrial Wastewater: Wastewater, other than normal wastewater, which exceeds 300 mg/1 BOD
or 250 mg/1 suspended solids and/or contains wastes from nonresidential Pstablishments containing
one or more elements, compounds, or substances considered potentially toxic and/or detrimental to
biological wastewater treatment or the New River.
Infiltration: Water other than wastewater that enters the collection facilities from the ground through
such means as defective pipes, pipe joints, connections or manholes and is distinguished from
inflow.
inflow: Water other than wastewater that enters the collection facilities from sources such as roof
leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy
areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins,
• cooling towers, storm waters, surface runoff, street wash waters, or drainage, Inflow does not
include, and is distinguished from, infiltration.
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• Instantaneous Maximum Allowable Discharge Limit: The maximum concentration (or loadin of
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a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or
composited sample collected, independent of the industrial flow rate and the duration of the
sampling event.
Interceptor Sewer: A sewer whose primary purpose is to transport wastewater from collector
facilities to the regional facility.
Interference: A discharge which alone or in conjunction with other discharges inhibits or disrupts
the Town's or the regional facility's treatment processes or operations, or its sludge processes which
contributes to a violation of any requirement of the Pepper's Feny RWTA NPDES Permit and/or its
associated sludge management plan. The term includes prevention of sewage sludge use of
disposal by Pepper's Feny RWTA in accordance with 405 of the Act, (33. USC 1345) or any criteria,
guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA); including
Title II (RCRA); the Clean Air Act; the Toxic Substances Control Act; the Marine Protection Research
and Sanctuaries Act; or more stringent state criteria (including those contained in any State sludge
management plan prepared pursuant to Subtitle D Title IV of SWDA) applicable to the method of
disposal or use employed by Pepper's Feny RWTA.
Lateral Sewer: The extension from the building sewer to the public sewer or other place of disposal.
This sewer extends from the property line to the public sewer line.
• Medical Waste: Isolation wastes, infectious agents, human blood and blood by-products,
pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes and dialysis wastes.
Milligrams Per Liter (mg/1 ): The same as parts per million when the specific gravity of the liquid is
1.0, and is aweight-to-volume ratio; the milligrams-per-liter volume multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
National Categorical Pretreatment Standards: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 USC 1347) which
applied to a specific category of Industrial Users.
National Prohibitive Discharge Standard or Prohibitive Discharge Standard: Any regulation
developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
New Source:
A. Any building, structure, facility or installation from which there is or may be a discharge of
pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 3074 of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section, provided
that:
• (1) The building, structure, facility or installation is constructed at a site at which no
other source is located;
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• (2) The building, structure, facility or installation totally replaces the process or
production equipment that caused the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the 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.
B. Construction on a site at which an existing source is located results in a modification
rather than a new source if the construction does not create a new building, structure, facility
or installation meeting the criteria of Section (1) (b) or ®above but otherwise alters, replaces,
or adds to existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(1) Begun, or caused to begin as part of a continuous on-site construction program;
(i) Any placement, assembly, or installation of facilities or equipment, or
(ii) Significant site preparation work including clearing, excavation, or removal
of existing buildings, structures, or facilities which is necessary for the
• placement, assembly, or installation of new source facilities or equipment; or
(2) 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 paragraph.
Noncontact Cooling Water: Water used for cooling which does not come into direct contact with
any raw material intermediate product, waste product, or finished product.
Non Significant Industrial User: A nondomestic user that does not meet the criteria of a significant
user.
Normal Use: Any user discharging waste of a pollutant strength less than or equal to that of normal
wastewater.
Normal Wastewater: Wastewater discharged into a public sewer in which all of the following
conditions are complied within:
a. BOD -less than or equal to 300 mg/1.
b. Suspended Solids -less than or equal to 250 mg/1.
c. No toxic or harmful substances as regulated in this Ordinance.
. d. Other -Other pollutants (including potential or actually harmful substances) in
concentrations less than or equal to those established as typical for residential users.
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• Overload: The imposition of organic or inert solids or hydraulic loading on the regional system in
excess of its engineered design capacity.
Pass Through: A discharge which exits the Authority's facilities into State waters in quantities or
concentrations which, along, or in conjunction with a discharge or discharges from other sources, is
a cause or contributes to the increase of violation of any requirement of Pepper's Feny RWTA's
VPDES Permit, including an increase in the magnitude of a violation.
Person: Any individual, corporation, organization, government, or governmental subArticle, or
agency, business trust, estate, trust, partnership association, or any other legal entity.
pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. A
measure of substances of acidity or alkalinity, expressed in standard units.
Pollution: The man-made or man-induced alteration of the chemical, physical, biological, and
radiological integrity of water.
Pollutant: Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, medical waste, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal,
and agricultural waste and certain characteristics of wastewater (e.g. ph, temperature, TSS, turbidity,
color, BOD, COD, toxicity, or odor).
. Pretreatment: The application of physical and/or chemical and/or biological processes to reduce
the amount of pollutants, to eliminate pollutants or alter the nature of the pollutant properties in a
wastewater prior to discharging said wastewater into the Town's collection facilities.
Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment,
other than a Pretreatment Standard imposed on a nonresidential user by this Article V, Chapter 17 of
the Pulaski Town Code.
Pretreatment Standards: All applicable Federal rules and regulations implementing Section 307 of
the Federal Water Pollution Control Act Amendments of 1972, PL 92-500, or any amendments
thereof, as well as non-conflicting state and local standards. In case of conflict of regulations, the
most stringent thereof shall be applied.
Process Water: Water used in an industrial process, excluding sanitary, noncontact cooling, and
boiler blowdown uses.
Prohibited Discharge or Prohibited Discharge Standards: Any discharge of water, wastewater,
or industrial wastewater into the Town or the regional facility containing any of the pollutants in the
quantity or of the type as described in Section 17-201 of this Article.
Public Sewer: A pipe or conduit carrying wastewater in which owners of abutting properties shall
have the use, said sewer being owned by the Town and considered part of the Town's collection
facilities.
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• Regional Facility: The Pepper's Feny Regional Wastewater Treatment Facility and all associated
facilities now existing or to be constructed by or for Pepper's Ferry RWTA and owned by the
Authority. Such facilities shall include, but shall not be limited to, the Pulaski Pump Station and
Force Main, connecting the Pulaski Pump Station to the New River Pump Station, the New River
Pump Station and Force Main connecting all flows to the wastewater treatment plant, the wastewater
treatment plant, the outfall line from the wastewater treatment plant to the New River and all
associated metering, sampling telemetering, sludge disposal equipment and contracted sludge
disposal sites; as they relate to sludge disposal.
Regional System: Regional Facility and all systems of users connected thereto.
Residential User: Any user discharging normal wastewater into the Town's collection facilities as a
principle homeowner/renter or any user(s) discharging normal wastewater from a condominium,
townhouse, apartment or other such development. consisting of six (6) or less units.
Sanitary Sewer: A publicly owner sewer that conveys wastewater or industrial wastes or a
combination of both, and into which storm water, surface water, ground water, or other unpolluted
wastes are not intentionally passed.
Septage Waste: Any sewage °batch hauled" from a holding or storage or treatment vessel.
Septic Tank Waste: Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
• Sewage: Human excrement and gray water (household showers, dishwashing operations, etc.).
Sewer: A pipe or conduit for carrying normal or industrial wastewater.
Shall: Shall is mandatory; may is permissive. 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.
Significant Industrial User: (a) all industrial users subject to Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and (b) any other industrial user that:
discharges an average of 25,000 gallons per day or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater); contributes a process
wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined
in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement (in
accordance with 40 CFR 403.8(f)(6)). Upon a finding that an industrial user meeting the criteria in
paragraph 1 of this definition has no reasonable potential for adversely affecting the Authority's
operations or for violating any pretreatment standard or requirements, the Town or the Control
Authority (as defined in 40 CFR 4.3.12(a)) may at any time, on its own initiz#ive, or in response to a
petition received from an industrial user or privately owned treatment works, and in accordance with
40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user. Any
determination by the Town that a user is not a significant industrial user must also be approved by
the Authority.
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Slug Discharge (Load): Any discharge of anon-routine episodic nature, including but not limited to,
an accidental spill or anon-customary batch discharge.
Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial
Classification Manual issued by the Office of Management and Budget.
Standard Methods: The examination and analytical procedures set forth in the latest edition, at the
time of analysis, Standard Methods for the Examination of Water and Wastewater as prepared,
approved and published jointly by the American Public Health Association, the American Water
Works Association, and the Water Environment Federation.
State: Commonwealth of Virginia.
Storm Sewer: A public sewer which carries storm and surface waters and drainage and into which
wastewater or industrial wastes are not intentionally passed.
Stonm Water: Any flow occurring during or immediately following any form of natural precipitation
and resulting therefrom, including snow melt.
Suspended Solids: Solids that either float on the surface of, or are in suspension in water,
wastewater, or other liquids, and which are largely removable by laboratory filtering.
To Discharge: To accidentally or intentionally deposit, conduct, drain, emit, throw, spill, leak, pump,
. pour, allow to seep, or otherwise release or dispose of any substance into or onto any water or land,
or to allow, permit, or suffer any of these acts.
Town (or the Town): Town of Pulaski, Virginia.
Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated
by the Administrator of the Environmental Protection Agency under the provision of
Clean Water Act (section 307) or other Federal, State, Town or Authority regulations.
Treatment Plant Effluent: Any discharge of pollutants from the regional treatment plant into waters
of the State.
Upset: An exceptional incident in which there is unintentional and temporary noncompliance with
categorical pretreatment standards because of factors beyond the reasonable control of the
industrial user. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation. Also an °upseY' constitutes an affirmative defense
to a civil penalty action brought for noncompliance with categorical pretreatment standards if the
industrial user who wishes to establish the affirmative defense of upset demonstrates, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
A. An upset occurred and the industrial user can identify the cause(s) of the upset;
B. The facility was at the time being operated in a prudent and workmanlike manner and in
• compliance with applicable operation and maintenance procedure;
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• C. The industrial user has submitted the following information in writing to the Town and to
the Control Authority within 24 hours of becoming aware of the upset or orally within 24
hours if confirmed in writing within five days; (1) A description of the indirect discharge and
cause of noncompliance; (2) The period of compliance, including exact dates and times, or
if not corrected, the anticipated time and noncompliance is expected to continue;
and (3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of
the noncompliance.
The industrial user seeking to establish the occurrence of an upset shall have the burden of
proof. The industrial user shall control production or discharges to the extent necessary to
maintain compliance with categorical pretreatment standards upon reduction, loss or failure
of its treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
User: Any source of indirect discharge.
VPDES (NPDES) Permit: A permit to discharge to the New River issued to the Authority by the
Virginia State Water Control Board indicating required levels of treatment and allowable discharge
concentrations and quantities. The VPDES permit also regulates the Authority's pretreatment and
sludge management plans.
Waste: Rejected, unutili2ed, or superfluous substances in liquid, gaseous, or solid form resulting
from domestic, agricultural, or industrial activities.
• Wastewater: The liquid and water-carried waste from residences, commercial buildings, institutions,
and industrial facilities, together with any non-excessive ground, surface, and storm water that may
be present, whether treated or untreated, which is discharged into or permitted to enter the Town's
collection facilities and hence the regional facility.
Wastewater Discharge or Pretreatment Permit: As set forth in Section 17-203 of this Article.
Wastewater Treatment Plan or Treatment Plant: That portion of the regional system designed to
provide treatment of sewage and industrial waste.
Waters 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.
Water Control Board (VSWCB): The Department of Environmental Quality -Virginia State Water
Control Board or any agency of the Commonwealth of Virginia which may succeed to its duties.
4. Abbreviations
The following abbreviations shall have the designated meanings:
(a) BOD Biochemical Oxygen Demand
(b) CFR Code of Federal Regulations
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• (c) COD Chemical Oxygen Demand
(d) CWA Clean Water Act
(e) DEQ Department of Environmental Quality-State Water Control Board
(f) EPA Environmental Protection Agency
(g) 1 Liter
(h) gpd gallons per day
(i) mg Milligram
(j) mg/1 Milligram per liter
(k) NPDES National Pollutant Discharge Elimination System
(I) PFRP Pepper's Feny RWTA Regional Treatment Plant
(m) RCRA Resource Conservation and Recovery Act
(n) SIC Standard Industrial Classification
(o) SWDA Solid Waste Disposal Act, 42 USC 6901, et seq.
(p) TSS Total Suspended. Solids
(q) USC United States Code
(r) VPDES Virginia Pollutant Discharge Elimination System
(s) VSWCB Virginia State Water Control Board
Section 17- 201. -General Sewer Use Requirements
1. Prohibited Discharge Standards
• No user shall introduce or cause to be introduced into the Town's collection system any pollutant or
wastewater which causes pass-through or interference with the operation or performance of the
regional system. These general prohibitions apply to all users of the system whether or not they are
subject to categorical pretreatment standards or any other Federal, State or local pretreatment
standards or requirement. Furthermore, no user may contribute the following substances to the
system:
A. Pollutants which create a fire or explosive hazard in the municipal wastewater collection
and/or regional system, including, but not limited to waste steams with aclosed-cup
flashpoint of less than 140 Fahrenheit (60 degrees Celsius) using the test methods specified
in 40 CFR 261.21.
B. Any wastewater have a pH less than 5.0 or more than 10.5, or otherwise causing
corrosive structural damage to any portion of the regional system or equipment or
endangering personnel and/or the general public.
C. Solid or viscous substances in amount which will cause obstruction of the flow in the
collection system resulting in interference, but in no case shall organic solids be greater than
0.25 inches (.062 centimeters) in any dimension. All solids must be of sufficient size and
density to be conveyed through the collection system.
D. Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which, either singly or by
interaction with other pollutants, will cause interference with the regional system; wastewater
• treatment or sludge process, or which will constitute a hazard to humans or animals.
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E. Any wastewater having a temperature greater than 120 degrees Fahrenheit (48.5 degrees
Celsius), or which will inhibit biological activity in the treatment plant resulting in interference,
but in no case a temperature which causes the wastewater temperature at the introduction in
Pepper's Ferry RWTA's facilities to exceed 90 degrees Fahrenheit (32.2 degrees Celsius) or
to increase at a rate of 10 degreeslhour Fahrenheit (5.5 degrees Celsius) or greater.
F. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause interference or pass through.
G. Any pollutants which result in the presence of toxic gases, vapors or fumes within the
regional system in a quantity that may cause acute worker health and safety problems.
H. Any hauled pollutants or wastewater unless specifically authorized by the Director and the
Authority.
i. Any noxious or malodorous liquid, gases, solids, or other wastewater which, either singly or
by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or
to prevent entry into the sewers for maintenance and repair.
J. 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 plant's effluent thereby violating VPDES permit or the Virginia
Water Control Board's General Standards and/or the Rules and Regulations of the Authority.
K. Any wastewater containing any radioactive waste or isotopes, except as specifically
approved by the Director in compliance with applicable State and Federal requirements, and
the Authority's Rules and Regulations.
L. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water,
and unpolluted industrial wastewater, unless specifically authorized by the Director and the
Authority.
AA. Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
N. Any medical waste, except as specifically authorized by the Director and the Authority.
O. Any wastewater causing the Authority's regional plant effluent to fail a toxicity test.
P. Any wastes containing detergents, surface active agents, or other substances which may
cause excessive foaming in the Authority's regional plant or the Town's collection system.
Q. Any discharge of fats, oils, or greases of animal or vegetable origin in sufficient quantity
that may cause or contribute to the cause of restricting system flow to cause interference to
the regional system.
R. Garbage shall not be discharged unless it is shredded to a degree that all particles can be
carried freely under the flow conditions of the collection system. Particles greater than 0.5
inch (1.2 centimeters) in any dimension are prohibited. The Director must approve the use
and installation of any garbage grinder 0.75 horsepower or greater.
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• S. Any toxic substances in amounts exceeding standards promulgated by EPA pursuant to
Section 307(x) of PL 92-500 or amendments thereof, and chemical elements or compounds,
phenols or other taste or odor producing substances which are not susceptible to treatment
or which may interfere with the biological or physical/chemical unit processes or efficiency of
the regional facility.
Wastes prohibited by this section shall not be processed or stored in sufficient quantities and in such
a manner that they could be discharged to the system. All floor drains located in process or
materials storage areas must discharge to the industrial user's pretreatment facility before
connecting with the regional system.
2. Federal Categorical Pretreatment Standards.
The national categorical pretreatment standards found at 40 CFR, Chapter I, Subchapter N, Parts
405-471 are hereby incorporated in this Article V, Chapter 17, Pulaski Town Code.
3. State Requirements.
Department of Environmental Quality-Virginia State Water Control Board Pretreatment Regulation
and other applicable requirements or Regulations are hereby incorporated in this Article V, Chapter
17, Pulaski Town Code.
4. Pollutant Limits.
• In addition to the general prohibited conditions set forth in Section 17-201, Subsections 1, 2 and 3,
specific limitations are established for certain compatible and toxic pollutants and other pollutants,
for which see A, B and C below. Wastewater discharges having a daily average concentration
greater than or instantaneous maximum concentrations 5 times greater than the below stated values
(standards) will be controlled by a permit. Allocated limits above the standard may be approved by
the Town's Director for compatible pollutants within the allowable mass proportion to average five
year annual flow allocated to the Town by the Authority. Allocated limits above the standard may be
approved by the Director for toxic pollutants within the specific allowable limits established by the
Authority considering the mass proportion to five year average flow, the permittee's treatment
capabilities, the desire to maintain a pollutant capacity reserve and other factors that may be
considered in the allocation of pollutant(s) capacity for concentrations greater than normal
wastewater.
A. Compatible Pollutants
The following pollutants are considered compatible pollutants and will require a permit from
the Director if demonstrated to be in concentrations greater than listed below.
1. Biochemical Oxygen Demand (5 day) - (BOD) - 300 mg/1
2. Chemical Oxygen Demand (COD) - 1,500 mg/1
3. COD:BOD Ratio - 5:1
4. Total Solids (TS) - 1,200 mg/1
5. Total Suspended Solids (TSS) - 250 mg/1
6. Total Dissolved Solids (TDS) - 750 mg/1
7. Total Inert Solids (TIS) - 300 mg/1
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. 8. Oil and Grease 100 mg/1
B. Toxic Pollutants
The following pollutants are common toxic pollutants which will require a permit if found to be
in concentrations greater than listed below, or are believed by the Director to have the
potential for having concentrations greater than those tested.
1. Arsenic - 0.005 mg/1
2. Cadmium - 0.0014 mg/1
3. Chromium (total) - 0.02 mg/1
4. Copper - 0.05 mg/1
5. Lead - 0.011 mg/1
6. Nickel - 0.04 mg/1
7. Silver - 0.001 mg/1
8. Zinc - 0.04 mg/1
Pollutant concentrations and associated permit limits for non-categorical standards apply at
the point where the waste is discharged into the Town's system. An industrial user may have
several separate defined regulated waste streams. All metal limits are expressed as "total°
metal unless indicated othenivise.
C. Other Pollutants
Other pollutant compounds will be evaluated on a case-by-case basis and limits established,
as required, by the Control Authority. Substances cited in Section 17-201, Subparagraphs 1,
• 2 and 3, must be assessed as to the need for prohibition or if application controlled and/or
monitored by a permit.
5. Specific Pollutant Limitations
Limitations for the following pollutants are established on standards specified by the Authority's
development document and an allocation basis based on the industrial user's flow, level of
pretreatment provided, level of current pretreatment technology and other factors. Allocated limits
above the standard may be approved by the Town within the allowable mass allocated to the Town
and the user by the Authority and must be in accordance with the local limits established by the
Local Limits Development Document.
(a) arsenic;
(b) barium;
(c) boron;
(d)
(e)
(~
(g)
(h)
(i)
G)
(k)
(m)
cadmium;
chlorides
chromium (hexavalent);
chromium (total);
copper;
cyanide;
iron;
lead;
manganese;
mercury;
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(n) nickel;
(o) phenol;
(p) selenium;
(q) silver;
(r) tin;
(s) zinc;
(t) fluoride -not greater than that contained in public water supply, unless determined by
Pepper's Feny RWTA to be acceptable based upon volume or quantity considerations;
(u) total dissolved solids (including sodium chloride and sodium sulfate - 300 mg/1;
(v) inert solids (Fuller's earth, lime slurries, lime residues, etc.) - 300 mg/1;
(w) excessive discoloration as determined by the approved spectrophotemetric method of
Standard Methods or EPA Methods for industrial wastewater determinations. This
parameter relates to dye wastes and vegetable tanning solutions but is in no way limited to
these discharges;
(x) substances with a COD greater than 1,500 mg/1;
(y) substances which have a COD to BOD ratio of greater than 5:1.
Concentrations and non-categorical standards permit limits apply at the point where the industrial
waste is discharged to the Town's system. An industrial user may have several separate defined
regulated wastestreams. All metal limits are expressed as "total" metal unless indicated otherwise.
The Director may impose mass limitations in addition to or in place of the concentration base
limitations, above. If mass limitations are given it shall be concurred with by the Authority.
The above limited are daily average limits. Unless specified, the discharge shall not cause an
instantaneous maximum discharge greater than five (5) times the above average daily limit
• concentrations.
6. Right to Revision
The Town shall have the right to establish, by ordinance or in wastewater discharge permits, more
stringent standards or requirements than contained in this Article on discharges to
the Town's system if deemed necessary to comply with the objectives presented in Section 17-200
of this Article, or the general and specific prohibitions in Section 17-201 of this Article. Permit
requirements that exceed the provisions of this Article must be approved by the Council of the Town.
7. Surcharge
The Town has the right to surcharge the industrial user for allocation of pollutants within
pretreatment permit limits which are above normal wastewater concentrations.
8. Special Agreement
The Town with approval from the Authority has the right to enter into special agreements with the
industrial users setting out special terms under which they may discharge to the Town's system. In
no case will a special agreement waive compliance with a USEPA or Virginia pretreatment standard,
Pepper's Feny RWTA Rules and Regulations or Section 17-201, Subparagraphs 1 through 5 of this
Article or the requirement to hold a pretreatment permit. However, the industrial user may request a
net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Such industrial
• user may also request a variance from the categorical pretreatment standard from EPA. Such a
request will be considered only if the industrial user can prove that factors relating to its discharge
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• are fundamentally different from the factors considered by 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.
9. Excessive/Reduced Discharge
No industrial user shall ever increase the use of process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized by an applicable pretreatment standard or
requirement. The Director may impose mass limitations on industrial users which are using dilution
or water conservation 1) to meet applicable pretreatment standards or requirements, 2) for water,
energy, or other conservation measures, and/or, 3) in other cases when the imposition of mass
limitations is appropriate.
Section 17- 202 -Pretreatment of Wastewater
1. Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment to comply with this Article V, Chapter
17, and shall achieve compliance with all categorical pretreatment standards, conform to the
prohibitions specified in Section 17-201.1within the time limitations established by the EPA, the
State, the Authority and/or the Director, together with all limits of the Town and the Authority,
• whichever of the foregoing is the most stringent. Any facilities, physical or otherwise, necessary to
pretreat wastewater to a level acceptable to the Town 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 Director and the Authority for review, and shall be acceptable to
the Director prior to construction or acquisition of the required facilities. The review and approval of
such plans and/or operating procedures by the Director and/or the Authority shall not constitute the
basis for relief or deviation from the industrial user's obligation to produce a discharge acceptable to
the Town under the provisions of this Chapter, including (without limitation) responsibility for making
modifications in the facilities and/or changes in operating procedures.
2. Additional Pretreatment Measures
A. Whenever deemed necessary, the Director may require industrial users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial waste streams, and such other conditions as may be necessary
to protect the regional system and determine the industrial user's compliance with the
requirements of this ordinance.
B. Grease, oil, and grit 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 and oil, or grit. All interception units shall be of type and capacity approved by the
Director and shall be so located as to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner
• and/or user, at the expense of the owner and/or user.
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• C. Use of garbage disposal devices may be prohibited by the Director when, in the judgment
of the Director, use of such devices will contribute to or cause the Town to exceed its
allowable BOD and/or suspended solids load. Use of any garbage disposal devices having
total motor power of 0.75 horsepower or greater shall require prior approval of the Director.
D. The Director is authorized to require industrial users having the reasonable potential of
discharging flammable substances to the Town's collection system to install and maintain an
approved gas detection meter.
3. Accidental Discharge/Slug
A. Control Facilities and Plan
The Director is authorized to 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:
1. Description of discharge practices, including non-routine batch discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying the Director and the regional system of an
accidental or slug discharge. Such notification must also be given for any discharge
which would violate any of the discharges prohibited by this Article V, Chapter 17 of
• the Town Code.
4. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants (including solvents),
and/or measures and equipment for emergency response. Users shall install such
measurers based on a reasonable schedule established by the Director. New users
shall provide required measures as part of their pretreatment requirements and shall
not be permitted to introduce pollutants into the Town's system until implemented.
B. Discharge Reporting
Accidental and/or slug discharges shall be reported to the Director. The notification shall
inGude location of the discharge, type of waste, concentration(s) and volume of discharge
and corrective actions. Immediate notification must be followed with detailed written report to
the Director within five (5) days describing the cause of the discharge and the measurers 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 collection facilities or to the regional facility and system, fish kills, or any other
damage to person or property; nor shall such notification relieve the user of any civil or
criminal penalties or liability which may be incurred under the provisions of this Chapter or
other applicable law.
•
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• C. Notice to Employees
All permitted users shah permanently post a notice on the user's bulletin board or other
prominent place advising employees whom to cast in the event of an accidentaVslug
discharge. Employers shall insure that all employees who may cause or suffer such
dangerous, accidental/slug discharges to occur are advised of the emergency procedure.
D. Tenant Responsibility
Where an owner of property leases premises to any other person as a tenant under any
rental or lease agreement, if either the owner or the tenant is an industrial user, either or both
shall be responsible for compliance with the provisions of this Article of Chapter 17 of the
Town Code.
E. Batch Hauled Wastewater
Discharge of batch hauled wastewater to the Town's collection system is prohibited. The
discharge of hauled wastewater to the Authority's system shall be subject to the rules and
regulations of the Authority as embodied in its then current septage program, or the same
may be discharged to a special receiving facility approved by the Authority and the Town.
F. 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 any other part
of the Town's collection system. Any person committing the foregoing acts shall be guilty of
a Class 1 Misdemeanor subject to criminal prosecution as provided in Section 17-210 of this
Chapter.
Section 17- 203 -Wastewater Discharge Permit Eligibility
1. Wastewater Survey
All industrial users must submit to the Director information on the nature and characteristics of their
wastewater by completing a wastewater survey prior to commencing their discharge. The Director is
to provide 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 this Chapter.
2. Wastewater Discharge Permit Requirement
A. It shall be unlawful for any significant industrial user to discharge wastewater into the Town's
system without first obtaining a wastewater discharge permit from the Director. Any violation of the
terms and conditions of a wastewater discharge permit shall be deemed a violation of this Article and
subjects the wastewater discharge permittee to the sanctions set out in the Town's and the
Authority's Enforcement Response Plan. Obtaining a wastewater discharge permit does not relieve
• a permittee of its obligation to comply with all Federal, State, Authority and Town pretreatment
standards or requirements or with any other requirements of Federal, State, and local law.
Town of Pulaski Pretreatment Ordinance
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• B. The Director may require other industrial users, including liquid waste haulers, to obtain
wastewater discharge permits as necessary to carry out the purposes of this ordinance.
3. Wastewater Discharge Permits For New Connections
Any significant industrial user proposing to begin or to recommence discharging industrial wastes
into the Town's system must obtain a wastewater discharge permit prior to the beginning or re-
commencing of such discharge. Any application for such a wastewater discharge permit must be
filed with the Director at least 180 days prior to the date upon which any discharge will begin unless
the time period is shortened or lengthened by the Director in writing.
4. Wastewater Discharge Permitting Extra Jurisdictional Industrial Users
Any existing significant industrial user, located beyond the Town's limits but discharging to the
Town's system shall submit a wastewater discharge permit application, in accordance with
Subsection 5 below, within 180 days of the effective date of this ordinance. New significant
industrial users located beyond the Town's limits proposing to discharge to the Town's system shall
submit an application for a permit for such discharge 180 days prior to any such proposed discharge.
5. Wastewater Discharge Permit Applications Contents
Any application for a wastewater discharge permit must contain the information required under
Section 17-205 of this Chapter (Reporting Requirements), and, in addition, the Director is authorized
. to request additional information which, if not included in information required in Section 17-205,
includes (but is not limited to), the following:
A. Name, address and location (if different from address);
B. SIC number according to the Standard Industrial Classification Manual, Bureau of the
Budget, 1972, as amended;
C. Wastewater constituents and characteristics including, but not limited to, those mentioned
in Section 17-201 of this Article as determined by a reliable analytical laboratory. Sampling
and analysis shall be performed in accordance with procedures established by the EPA
pursuant to Section 304(8) of the Act and contained in 40 CFR, Part 136, as amended;
D. Proposed time and duration of contribution;
E. Average daily, 30 minute peak and slug wastewater flow rates, including daily, monthly
and seasonal variations, if any;
F. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers,
sewer connections, and appurtenances by the size, location, and elevation;
G. Description of activities, facilities and plant processes on the premises including all
materials which are or could be discharged;
Town of Pulaski Pretreatment Ordinance
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. H. A description of the nature and concentration of any pollutants in the discharge which are
limited by any local, State, or Federal Pretreatment Standards, and a statement regarding
whether or not the Pretreatment Standards are being met on a consistent basis and if not,
whether additional Operation and Maintenance (08~M) and/or additional pretreatment is
required for the user to meet applicable Pretreatment Standards; and,
I. If additional pretreatment and/or O&M will be required to meet the pretreatment standards,
the shortest schedule by which the user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date established for
the applicable Pretreatment Standard. This schedule shall be subject to the following
conditions:
(1) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment facilities required for the user to meet the
applicable Pretreatment Standards (e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract for major components, commencing
construction, completing construction, etc.).
(2) Accomplishment of any increment referred to in Paragraph 1 shall not extend
beyond a time period deemed reasonable by the Director, and in no event longer than
nine (9) months.
(3) No later than 14 days following each date in the schedule and the final date for
• compliance, the user shall submit a progress report to the Director including, as a
minimum, whether or not it has complied with the increment of progress to be met on
such date, and if not, the date on which it expects to comply with this increment of
progress, the reason for delay, and the steps being taken to return the construction to
the established schedule. The Director shall provide a copy of the schedule to the
Authority's Executive Director as well as provide updates on the schedule and the
progress reports submitted by the user. The Director shall establish the frequency
with which such progress reports shall be made.
J. Each of the applicant's products produced, by type, amount, process or processes used
and the rate of production;
K. Type and amount of raw materials processed (average and maximum per day);
L. Number and type of employees, and hours of operation of plant and proposed or actual
hours of operation of pretreatment system;
M. List of any materials on-site that are governed by RCRA that have the potential to enter
the wastewater and a description of measures taken to protect against accidental discharge.
N. Certification that the user is not subject to the USEPA Categorical standards or if subject
to Categorical Standards and certification and information required to 40 CFS 403.6(a)(1)
and (2).
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• O. List of other environmental permits held by the user, noting as a minimum, the agency,
permit number, and enforcement action taken or pending against the user during the past
year.
P. Any other information as may be deemed by the Town to be necessary to evaluate the
permit application. Incomplete or inaccurate applications will not be processed and will be
returned by the Director to the industrial user for completion and/or revision.
6. Signatories and Certification
All wastewater discharge 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 perjury 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 violations
which are intentional or committed with my knowledge."
7. Wastewater Discharge Permit Decisions
• The Director will evaluate the data furnished by the industrial user and may require additional
information. Within 120 days of receipt of a complete wastewater discharge permit application, the
Director will determine whether or not to issue a wastewater discharge permit. If no determination is
made within this time period, the application will be deemed denied.
If the Director denies a permit application orally or in writing, he shall provide the reasons for such
denial.
Section 17- 204 -Wastewater Discharge Permit Issuance Process
1. Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5)
years. A wastewater discharge permit may be issued for a period less than five (5) years, at the
discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which
it will expire.
2. Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as are deemed reasonably necessary
by the Director to prevent pass through or interference, protect the quality of the New River, protect
• worker health and safety, facilitate sludge management and disposal, protect ambient air quality,
and protect against damage to the regional system.
Town of Pulaski Pretreatment Ordinance Page 22
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• directing that the Director send the Town's record on the matter to the Court for
consideration; (3) if certiorari is granted, the Court, upon consideration of the record, may
refuse to review the Town's action based upon the same determinations set forth in #1
above; (4) grant a hearing and receive evidence and testimony relative to the issue.
Unless the Court finds that the Town abused its authority, or acted unreasonably, arbitrarily
or capriciously, the Town's administrative action shall be sustained. If the Court finds that the
Town acted unreasonably, arbitrarily or capriciously, or abused its authority, it shall direct that
the matter be returned to the Town for further consideration and action not inconsistent with
the Court's findings. Such an order shall, for purposes of appeal, be deemed to be a final
order. If the issues have been adjudicated beyond possibility of further appeal, and any party
(including the Town) has or does fail to comply or conform its actions to the judicial decisions,
any aggrieved party may apply to the same Court for enforcement of the judicial mandate.
4. Wastewater Discharge Permit Modification
The Town may modify the wastewater discharge permit for good cause including, but not limited to,
the following:
A. To incorporate any new or revised Federal, State, Authority 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 wastewater discharge permit
issuance.
C. A change in the regional system that requires either a temporary or permanent reduction
or elimination of the authorized discharge.
D. The receipt of information indicating that the permitted discharge poses a threat to
personnel, the New River or the regional system.
E. Violation of any terms or conditions of the wastewater discharge permit.
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
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 or local limits.
H. To correct typographical or other errors in the wastewater discharge permit.
I. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
The filing of an application for modification of a wastewater discharge permit by the permittee is not
sufficient to stay, modify or alter any permit condition.
•
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• A. Wastewater discharge permits must contain the following conditions:
1. A statement that the wastewater discharge permit is nontransferable without prior
notification to and approval from the Town, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit.
2. Effluent limits applicable to the user based on applicable standards in Federal,
State, or local laws or requirements.
3. 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, or local laws or requirements.
4. Reference to the portions of this Article V of Chapter 17 relative to applicable civil,
criminal and administrative penalties for violation of pretreatment standards and
requirements, and of failure to comply with compliance schedules, which reference
shall not be deemed to exclude the application of any Federal, State and local laws
relevant to the subject matter (including those contained in this Article).
5. Compliance schedules shall not, in any event, extend the time of compliance
beyond that required by applicable Federal, State or local laws or regulations.
B. Wastewater discharge permits may contain, but need not include or 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, pollution control, or
construction of appropriate containment devices, 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 regional system.
6. The unit charge or schedule of industrial user charges and fees for the
management of the wastewater discharged to the regional system.
7. Requirements for installation and maintenance of inspection and sampling facilities
and equipment.
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• L. Failure to provide advance notice of the transfer of a permitted facility.
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater
discharge permit or the ordinance.
N. Failure of a user to factually report the wastewater constituents and characteristics of his
discharge.
O. Failure of the user to report significant changes in operations, or wastewater constituents
and characteristics.
P. Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring.
Q. Violation of conditions of the wastewater discharge permit; or
R. Nonpayment of any surcharges.
Upon revocation of a wastewater discharge permit, the permittee and/or user shall forthwith cease
discharge into the Town's collection system. Upon failure to cease such discharge. after revocation,
the Town may take whatever steps are necessary, including legal recourse, to terminate such
discharge, and this remedy shall be in addition to all other civil and criminal remedies with which the
Town may be vested.
• 7. Voidable Wastewater Discharge Permit For Non-Use; Permits Voided Upon Issuance of New
Permit
A. Wastewater discharge permits shall be voidable by the Town upon non-use for one (1)
year, cessation of operations for which the permit was issued, and for transfer of ownership
of the facilities of the permittee without transfer of the permit with the written approval of the
Town Manager.
B. Upon issuance of a new wastewater discharge permit for the same purposes and facilities
shall automatically revoke the replaced permit.
8. Reinstatement of Permit
Once a permit has been revoked or declared to be void, it may be reinstated:
A. If declared void under subparagraph 7 above, upon written application for reinstatement
which shall include all information required for an original application and subject to the same
criteria as an original application.
B. If revoked, upon written application of the permittee, which shall also inGude written proof
that the non-complying discharge has been eliminated either by a change in process, change
in pretreatment or institution of pretreatment, or any other means necessary. No permit shall
be reinstated until all fees, fines and/or other charges assessed against the user have been
paid.
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• 8. A statement that compliance with the wastewater discharge permit does not relieve
the pemtittee of responsibility for compliance with all applicable Federal and State
pretreatment standards, including those which become effective during the term of the
wastewater discharge permit.
9. Other reasonable conditions as deemed appropriate by the Director to ensure
compliance with this Chapter, and State, Federal, and local laws, rules and
regulations.
10. Requirements for notification of and future preventative action plans for slug and
accidental discharges.
3. Wastewater Discharge Permit Appeals
Any person, including the industrial user, may petition the Town to reconsider the terms of a
wastewater discharge permit within thirty (30) days of its issuance. The Petition shall be filed with
the Town Manager.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the
administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative condition, if any, it
• seeks to place in the wastewater discharge permit.
C. The effectiveness of the terms of the wastewater discharge permit shall not be stayed
pending the appeal.
D. The Town Manager shall consider the petition and may taken no action, respond to the
petitioner in writing denying the relief requested or modifying the terms of the permit, or
granting the relief requested. Failure of the Town Manager to take any action within sixty
(60) days from the date the petition is filed shall be deemed to be a denial of the request for
reconsideration. Decisions by the Town Manager denying a request for reconsideration,
modifying or declining to modify the terms of the discharge permit, or granting the requests of
the petition, shall be considered final administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative action on the
wastewater discharge permit must do so by filing a petition for revie~°r and certiorari in the
Circuit Court of the County of Pulaski, Virginia within thirty (30) days of the final administrative
action, or if no action is taken, within ninety (90) days from the date the petition is filed. Upon
the Court's order, all documentary and other matters considered in the administrative action
shall be filed by the Director in the Office of the Clerk of the Circuit Court of the County of
Pulaski, Virginia. No further pleading is required from the Town, and all allegations of the
petition for review shall be deemed to be denied, although the Town may file a written
response should it be so advised.
The Court may (1) deny the petition for review and certiorari if, based on the pleadings, the
• court determines that the Town has not abused its authority, or acted unreasonably,
arbitrarily or capriciously; (2) grant the request for a writ of certiorari and issue such writ
Town of Pulaski Pretreatment Ordinance
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• 5. Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner and/or operation
only if the permittee gives at least fourteen (14) days advance notice to the Director, and the express
written approval of the Town Manager is given. The notice of transfer and request for approval must
include a written certification by the proposed transferee which:
A. States that the new owner and/or operator has not immediate intent to change the
facility's operations and processes, or specifies the changes which it proposes to make.
B. Identifies the specific date on which the transfer is proposed to occur.
C. Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
D. Failure to provide the advance notice of proposed transfer and request for written
approval of the Town shall render the discharge permit voidable by the Town without prior
notice, effective on the date the facility is transferred to a new owner.
6. Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked on the following grounds:
A. Failure to notify the Town of significant changes to the wastewater prior to the changed
• discharge.
B. Failure to provide prior notification to the Town of changed condition pursuant to Section
17-205 of this Chapter.
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application.
D. Falsifying self-monitoring reports.
E. Tampering with monitoring equipment.
F. Refusing to allow the Town or the Authority timely access to the facility premises and
records.
G. Failure to meet effluent limitations.
H. Failure to pay fines.
I. Failure to pay sewer charges or permit fees.
J. Failure to meet compliance schedules.
K. Failure to complete a wastewater survey or the wastewater discharge permit application.
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• 9. Wastewater Discharge Permit Reissuance
A. The application - an industrial user requesting the reissuance of a wastewater discharge
permit shall submit a complete wastewater discharger permit application in accordance with
Section 17-203 of this Article V of this Chapter a minimum of ninety (90) days prior to the
expiration of the user's existing permit.
B. Permit Continuance -The Town may extend the expiration date of a permit for up to six
months if it is believed that extension of time is needed to resolve permit issues and the
existing permit conditions will not result in pass-through, interference, or violations of the
Authority's VPDES permit conditions.
10. Municipal Wastewater Discharge Permits
In the event another political subdivision contributes all or a portion of its wastewater to the Town's
system, the Town may require such entity to apply for and obtain a significant industry wastewater
discharge permit.
Section 17- 205 -REPORTING REQUIREMENTS
1. Baseline Monitoring Reports
• A. Within either 180 days after the effective date of a categorical pretreatment standard, or
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 Town's system, shall
be required to submit to the Town a report which contains the information listed in
Subparagraph B, below. At least ninety (90) days prior to commencement of their discharge,
new sources, and sources that become industrial users subsequent to the promulgation of an
applicable categorical standard, shall also be required to submit to the Town a report which
contains the information listed in Subparagraph B, below. Anew source shall also be
required to report the method of pretreatment it intends to use to meet applicable
pretreatment standards. Anew source shall also give estimates of its anticipated flow and
quantity of pollutants discharged.
B. The industrial user shall submit documentation and information as follows:
1. Identifying Information: The name and address of the facility including the name of
the operator and owners.
2. Wastewater Discharge Permits: A list of any environmental control wastewater
discharge permits held by or for the facility.
3. Description of Operation: A brief description of the nature, average rate of
production, and standard industrial classifications of the operations(s) carried out by
such industrial user. This description should include a schematic process diagram
• which indicates points of discharge to the Town from the regulated processes.
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. 4. Flow Measurement: Information showing the measured average daily and
maximum daily flow, in gallons per day, to the Town 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
a. Identify the categorical pretreatment standards applicable to each regulated
process.
b. provide the results of sampling and analysis identifying the nature and
concentration (and/or mass, where required by the standard or by the Town of
regulated pollutants in the discharge from each regulated process.
Instantaneous, daily maximum and long term average concentrations (or
mass, where required) shall be reported. The sample shall be representative
of daily operations and shall be analyzed in accordance with procedures set
out in Section 17-205 of this Article V, Chapter 17, Pulaski Town Code.
c. Sampling must be performed in accordance with p; ocedures set out in
Section 17-205, Subparagraph 11.
6. Certification: A statement reviewed by the industrial user's authorized
representative and certified by a qualified individual acceptable to the Director,
• 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 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 standards. A compliance schedule pursuant to this Section must meet
the requirements set out in Subparagraph 2 of this Section.
2. Compliance Schedule Progress Reports
The following conditions shall apply to the schedule required by Subparagraph b.7 of this Section.
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 (which events include hiring an
engineer, completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, beginning and conducting operation). No increment
referred to above shall exceed a reasonable time as determined by the Director, and shall in no
event exceed nine (9) months. The industrial user shall submit a progress report to the Director no
later than 14 days following each date in the schedule and the final date of compliance including, as
a minimum, whether or not it complied with the increment of progress, the reason for any delay, (and
if appropriate) the steps being taken by the industrial user to return to the established schedule. In
• no event shall more than nine (9) months elapse between such progress reports to the Director.
Town of Pulaski Pretreatment Ordinance Page 29
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• 3. Report on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for the final compliance with applicable pretreatment
standards, or in the case of a new source following commencement of the introduction
of wastewater into the Town's system, any industrial user subject to such pretreatment standards
and requirements shall submit to the Town a report containing the information described in
Subparagraph 1.B of this Section. 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 industrial user's long term production rate. For all other industrial users
subject to pretreatment standards expressed in terms of allowable pollutant discharge per unit of
production (or other measure of operation), this report shall include the industrial user's actual
production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with Subparagraph 6 of Section 17-203 of this Chapter.
4. Periodic Compliance Reports
A. 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 (in June and December),
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 17-205 of this Article.
• B. All wastewater samples must be representative of the industrial user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operational, kept
clean, and maintained in good working order at all times. The failure of an industrial user to
keep its monitoring facility in good worker order shall not be grounds for the industrial user to
claim that sample results are unrepresentative of its discharge.
C. If an industrial user subject to the reporting requirement in and of this Section monitors
any pollutant more frequently than required by the Town, using the procedures prescribed in
Subparagraph 11 of this Section, the results of this monitoring shall be included in the report.
5. 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 system which might alter the nature, quality or volume of its
wastewater at least sixty (60) days before the change.
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 discharger permit application.
B. The Director may issue a wastewater discharge permit or modify an existing wastewater
discharge permit as provided in this Article.
C. No industrial user shall implement the planned changed condition(s) until and unless the
• Director has responded to the industrial user's notice.
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• D. For purposes of this requirement, flow or pollutant mass of ten percent (10%) or greater,
and/or the discharge of any previously unreported pollutants, shall be deemed significant.
6. Reports of Potential Problems
A. In the case of any discharge (including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load)
which may cause potential problems for the regional system (including a violation of the
prohibited discharge standards of Section 17-201 of this Article), it is the responsibility of the
industrial user to immediately telephone and notify the Director of the incident. This
notification shall include the location of discharge, type of waste, concentration and volume, if
known, and corrective actions taken by the industrial user.
B. Within five (5) days following such discharge, the industrial user shall submit a detailed
written report described the cause(s) of the discharge and the measures to be taken by the
industrial user to prevent similar future occurrences. Such notification shall not relieve the
industrial user of any expense, loss, damage, or other liability which may be incurred as a
result of damage to the Town or regional system, natural resources, or any other damage to
person or property; nor shall such notification relieve the industrial user of any fines, civil
penalties, or other liability which may be imposed by this ordinance. The Director may waive
this requirement for nonsignificant industrial users.
C. Failure to notify the Director of potential problem discharges shall be deemed a separate
• violation of this ordinance.
D. A notice shall be permanently posted on the industrial user's bulletin board or other
prominent place advising employees whom to call in the event of a discharge described in
paragraph A, above. Employers shall ensure that all employees, who may cause or suffer
such a discharge to occur, are advised of the emergency notification procedure.
7. Reports from Nonsignificant Industrial Users
All industrial users not subject to categorical pretreatment standards and not required to obtain a
wastewater discharge permit shall provide appropriate reports to the Town as the Director may
require.
8. Notice of Violation/Repeat Sampling and Reporting
If sampling pertormed by an industrial user indicates a violation, the industrial user must notify the
Director 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 Director within 30 days
after becoming aware of the violation.
9. Notification of the Discharge of Hazardous Waste
A. Any industrial user who commences the discharge of hazardous waste shall notify the
Town, the Authority, Virginia State Water Control Board, and State hazardous waste
• authorities in writing of any discharge into the Town's or the regional system of a substance
which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such
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• 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 15 kilograms of such waste per calendar month to
the Town's system. The notification shall also contain the following information to the extent
such information is known and available to the industrial user, i.e.: an identification of the
hazardous constituents contained in the wastes, an estimation of the mass and concentration
of such constituents in the waste stream discharged during that calendar month, and an
estimation of the mass of constituents in the waste stream expected to be discharged during
the following twelve (12) months. In addition, both the are expected on a daily basis. All
notifications must take place no later than 30 days after the discharge commences. A
discharge that may have an adverse effect on the Town's system or the regional system
must be reported immediately in accordance with the above provisions. Any notification
under this paragraph need be submitted only once for each hazardous waste discharged.
However, notifications
of changed discharges must be submitted as required in Section 17-205, Subparagraphs 5, 6
and 9 of this Article. The notification requirement in this section does not apply to pollutants
already reported under the self-monitoring requirements of Subparagraphs 1, 3 and 4 of this
Section.
B. Dischargers are exempt from the requirements of Subparagraph (1) 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 any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d)
• and 261.33(e), requires notification for each month of occurrence.
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
are adopted, the industrial user must notify the Town, the Authority, the EPA Regional Waste
Management Waste Division Director, Department of Environmental Quality-Virginia State
Water Control Board, and State hazardous waste authorities of the discharge of such
substances within thirty (30) 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.
10. Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment
standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in
question, sampling and analyses must be performed in accordance with procedures approved by the
Town, the Authority and the EPA.
•
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• 11. Sample Collection
A. Except as indicated in Section B, below, the industrial user must collect wastewater
samples using flow proportional composite collection techniques. In the event flow
proportional sampling is not feasible, the Director may authorize the use of time proportional
sampling or through a minimum of four (4) grab samples where the user demonstrates that
this will provide a representative sample of the effluent being discharged. In addition, grab
samples may be required to show compliance with instantaneous discharge limits.
B. Samples for oil and grease, temperature, ph, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
12. Determination of Noncompliance
The Director may use a grab sample(s) to determine noncompliance with pretreatment standards.
13. Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which
are not delivered by U.S. Postal Service prepaid, the date of receipt of the report shall govern.
Postage on all reports must be prepaid.
14. Record Keeping
• Industrial users shall retain, and make available for inspection and copying, all records and
information required to be retained under this Chapter. These records shall remain available for a
period of at least three (3) years. This period shall be automatically extended for the duration of any
litigation concerning compliance with this Article V of Chapter 17, Pulaski Town Code, or where the
industrial user has been specifically notified of a longer retention period by the Director.
Section 17- 206 -Compliance Monitoring
1. Scheduled Monitoring
Industrial users holding a discharge permit shall be subject to a scheduled monitoring of its effluent
discharge prior to entering the Town's collection facilities at least once each year. The Director shall
collect and analyze the sample which shall be analyzed for all applicable Pretreatment Standards
and/or the applicable parameters contained in Section 17-201 of this Article, as determined by the
Director. All analysis, if applicable, shall be of 24 hour composite samples unless the user operates
less than 24 hours per day, in which case the length of the composite shall be based on the length
of operation. All analyses and sampling shall be in accordance with procedures set forth in 40 CFR,
Part 136, if applicable, or as approved by the Town and the Authority.
Any user shall be granted the opportunity to split samples during any scheduled monitoring
operation. The Town shall provide copies of all analytical results to the industrial user and to the
Authority within ten (10) days of receipt of the analytical results. All cost required to meet the
• conditions of this section shall be the responsibility of the industrial user. The industrial user is
required to provide and to operate at its own expense, sampling and monitoring facilities
Town of Pulaski Pretreatment Ordinance
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• to allow inspection, sampling, and flow measurement of the building sewer and/or internal permitted
drainage systems.
The monitoring facility should normally be situated on users premises, but the Town Council may,
but is not obligated to, allow such facility to be established in the public street right-of-way or
sidewalk area, located so as to be free of obstruction by landscaping or parked vehicles, in cases in
which undue hardship would be caused to the user by location on the user's premises, or such
location is impractical. There shall be ample room in or near such monitoring facilities to allow
sampling and preparation of samples for analysis. The facility, and sampling/measurement
equipment, where applicable, shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be
provided in accordance with the Town's requirements and all applicable local construction standards
and specifications shall apply. Construction of control manholes for existing applicable
nonresidential users shall be completed within 90 days following written notification by the Director
that such manhole(s) is required.
2. Unscheduled Monitoring
Industrial users subject to the requirement of Subparagraph 1 of this Section shall also be subject to
unscheduled monitoring of its effluent discharge prior to entering the collection facilities at least once
each year. The Town will collect and analyze the sample(s) for the identical parameters analyzed
• under Subparagraph 1 above. All samples shall be 24 composite samples, if applicable, unless the
user operates less than 24 hours per operation. All analyses and sampling shall be in accordance
with 40 CFR, Part 136, if applicable, or as approved by the Town and the Authority. The Town will
provide copies of all analytical results to the industrial user and to the Authority within ten (10) days
of receipt of the analytical results. All costs required to meet the conditions of this Section shall be
borne by the industrial user. Any user may be granted the opportunity to split samples during any
scheduled monitoring operation.
3. Demand Monitoring
Demand monitoring will be performed by the Town in response to a known or suspected violation
discovered as a result of previous monitoring, operational difficulties within the collection facilities or
regional facility, public complaint, reported violations, etc. Sampling will be initiated immediately
upon the known or suspected occurrence. Demand monitoring may consist of grab or composite
samples and any user may be offered the opportunity of splitting samples. All sampling and
reporting as required by this Subparagraph shall be performed at the offending industrial user's
expense.
4. Inspection and Sampling
The Town and/or the Authority shall have the right to enter the facilities of any user to ascertain
whether the purposes of this Article V, Chapter 17, Pulaski Town Code, and any permit or order
issued hereunder, is being met and to determine whether the user is complying with all requirements
thereof. Users shall allow the Director and/or the Executive Director of the Authority, or their
• representative, access to all parts of the premises for the purpose of inspection, sampling, records
Town of Pulaski Pretreatment Ordinance Page 34
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• examination and copying, and the performance of any additional duties deemed appropriate by the
person or persons performing the enumerated tasks.
A. Where an industrial user has security measures in force which require proper
identification and clearance before entry into its premises, the industrial user shall make
necessary arrangements with its security personnel so that, upon presentation of suitable
identification, personnel from the Town or the Authority, and from State authorities and EPA,
will be permitted to enter without delay for the purposes of performing their specific
responsibilities.
B. The Town and the Authority, as well as State and EPA representatives, shall each 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 Town 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 its own expense. All devices used to
measure wastewater flow and quality shall be calibrated at least annually 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 Town personnel access to the industrial user's premises
shall be a violation of this Chapter and shall be a Class 3 Misdemeanor.
5. Search Warrants and/or Judicial Orders for Entry
If access to a building, structure, facility or property has been denied to the Director or other person
mentioned in Subparagraph 4 above, and if probable cause to believe there may exist a violation of
this Chapter has been demonstrated, or that there is a need to inspect the facilities as part of a
routine inspection program of the Town designed to verify compliance with this Article V, Chapter 17
of the Pulaski Town Code, or any permit or order issued pursuant to this Article, or to protect the
overall health, safety and welfare of the community, then the Director, or other person to whom the
right of entry is provided by this Section, may seek from an authorized magistrate, if a search
warrant is sought, or from the Judge of the Circuit Court of the County of Pulaski, Virginia, if a
search warrant or order for entry is sought, a search warrant or other appropriate order or injunction
directing that the industrial user is prohibited from denying such access. The specific property,
building, structure or facility to which access is sought shall be identified in any case, and if a search
warrant is issued, it shall specify and identify the things to be searched for and/or seized. In the
event of an emergency threatening the public health and safety exists on the property, structure,
building or facility, then the Director or his representative, and emergency service personnel, may
enter the premises and take emergency corrective action without a search warrant or court order.
•
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• Section 17- 207 -Proprietary and Confidential Information
Information and data on an industrial user obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from
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 Director,
that the release of such information would divulge information, processes or methods of production
entitled to protection as proprietary information or trade secrets under applicable Virginia or Federal
law. The request to withhold information from public access shall be made as part of the initial
submission. When requesting that such information be withheld from public access, the industrial
user shall furnish a detailed report, which documents and demonstrates that the information should
not be publicly disclosed, which report shall be filed with the Director. If the Director determines that
the information which the industrial user desires to withhold from public inspection might disclose
protected proprietary information, trade secrets, processes and/or technology, then the information
shall not be made available for public access and inspection. Any person aggrieved by the
Director's determination, with standing before the court, may seek judicial relief from such
determination in the Circuit Court of the County of Pulaski, Virginia.
It shall be the industrial user's responsibility to prepare both the confidential and public reports
required under this Article of Chapter 17 of the Pulaski Town Code in a manner by virtue of which
such reports are accurate, comprehensive and complete.
• 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, notwithstanding any other provision of this Section.
Section 17- 208 -Publication of Industrial Users in Significant
Noncompliance
The Authority is authorized to publish annually,. in a newspaper of general circulation in the
Authority's service area, a list of industrial users which, during the preceding twelve (12) months,
have been in significant non-compliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall mean:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent (66%) or more of wastewater measurements for any pollutant parameter taken during
a 6 month period exceed the daily maximum limit or average limit for the same pollutant
parameter by any amount;
2. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three
percent (33%) or more of wastewater measurements taken for each pollutant parameter
during a 6 month period equals or exceeds the product of the daily maximum limit or the
average limit multiplied by the applicable criteria.
• 3. Any other discharge violation that the Town reasonably believes has caused, alone or in
combination with other discharges, interference or pass through;
Town of Pulaski Pretreatment Ordinance
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. 4. Any discharge of pollutants that has caused imminent endangerment to the public or to
the environment, or has resulted in the exercise by the Town or the Authority of its
emergency authority to halt or prevent such a discharge.
5. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
6. Failure to provide within 30 days after the due date, any required reports, including
baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with
compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation(s) which the Director determines will adversely affect the operation or
implementation of the Town's pretreatment program.
Section 17- 209 -Administrative Enforcement Remedies
1. Notification of Violation
Whenever the Director determines that any user has violated or is violating any provision of this
• Article (Article V, Chapter 17, Pulaski Town Code), the terms of a wastewater discharge permit, any
order issued pursuant to the provision of this Article, or any other pretreatment requirement, the
Director or his agent will give written notice of violation to the user. Within ten (10) days after receipt
of such notice, unless the same has already been submitted, the user shall provide to the Director a
complete written explanation relative to the violations and a plan for action to correct the violation
and to prevent future violations, including specific proposed action and a time schedule for
accomplishing the same. The Director may approve the plan, approve it with modifications, or
disapprove it. If disapproved, a new plan shall be submitted by the user within five (5) days of
disapproval. If approved with modifications, the user shall advise the Director that it accepts or
rejects the modifications, and if rejected, a new plan shall be submitted within five days. Any plan
which is approved, or approved with modifications accepted by the user, shall be implemented by
the user on a schedule approved by the Director.
Submission of a plan shall not serve to relieve the user of liability for any violations occumng before
or after receipt of the Notice of Violation.
Nothing in this Subparagraph shall limit the right of the Town to take any action, including
emergency and other enforcement action, without having first issued a Notice of Violation.
2. Consent Orders
The Council of the Town of Pulaski, Virginia, may agree with any user for a consent order or consent
orders, assurances of voluntary compliance, or other similar agreements, relative to the users
noncompliance with the provisions of this Article. Such orders, assurances or agreements will
• include consent or agreement on specific action to be taken by the user to correct noncompliance
within a specified period of time and on a specific schedule. Such orders, assurances and/or
Town of Pulaski Pretreatment Ordinance Page 37
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• agreements shat) have the same force and effect as administrative orders issued pursuant to
Subparagraphs 4 and 5 of this Section and specific enforcement of the terms and provisions of the
same may be sought in the Circuit Court of the County of Pulaski, Virginia, or such other judicial form
having jurisdiction in the premises.
3. Show Cause Hearing
The Council of the Town of Pulaski may, but is not obligated to, issue an order to any user causing
or contributing to violation(s) of the terms of any wastewater discharge permits, or the provisions of
this Article V, Chapter 17, of the Pulaski Town Code, or failing to comply with any administrative
orders issued pursuant to the provisions of this Article, or any pretreatment standard or requirement,
to appear at a time and place specified in the order before the Town Council, or a hearing officer
designated by the Town Council for the purpose, to show cause why a contemplated enforcement
action should not be taken. The order, which shall be delivered or mailed certified mail to the user at
the users last known address at least five (5) days before the hearing, shall also provide notice of
the enforcement action contemplated and the reasons for such action. Although the Town is not
obligated to conduct a show cause hearing as a prerequisite for taking action against the user, it
may do so and immediately following any such hearing (if held), whether or not the user has
appeared, enforcement may be pursued as provided in this Section.
If a user has been notified of contemplated enforcement action (which may occur without any such
notice), such user may request a show cause hearing before the Town Council, or one of its hearing
officers designated for the purpose, which request may be granted or denied at Town Council's sole
• discretion.
4. Compliance Orders
If a show cause hearing is conducted, and if the Town Council finds that the user is or has been in
violation as specified under Subsection 3 of this Section, the Town Council may issue its order to the
user or users responsible for the violation(s) directing that the user cause the violation(s) to cease
and to bring its facilities into compliance within a reasonable period of time specified in the order on
a schedule approved by the Director.. If compliance is not effected as provided above, sewer
services for the user shall be discontinued until compliance is achieved.
Compliance orders may also contain other requirements to address the noncompliance, including
additional self-monitoring, and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a Federal, State, Town or for the Authority's pretreatment standard or requirement,
nor does a compliance order release the user of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a prerequisite to taki~ ~g any other action
against the user.
5. Cease and Desist Orders
In conjunction with the order mentioned in Subparagraph 4 of this Section, and consistent with the
findings relative to the violations, the Town Council may include in its order a direction to the user to
cease and desist such violation(s), and to immediately comply with the requirements specified in the
• order, and to take remedial or preventive action to address any continuing or threatened violations,
including terminating any offending discharge or halting its operations, if necessary.
Town of Pulaski Pretreatment Ordinance Page 38
a,; 3
• Issuance of a cease and desist order shall not be a prerequisite to taking any other action against
the user.
6. Remedial Action Plans
In addition to the foregoing remedies, if the Director determines that a violation has occurred or a
violation is continuing, he may develop and issue a remedial plan containing a description of the
nature of the violation(s) or deficiencies, an enumeration of action to be taken by the user, and a
time schedule for achieving compliance. Issuance of remedial plans may, but are not required to, be
issued in conjunction or simultaneously with the orders mentioned in Subparagraphs 3, 4 and 5 of
this Section. Where the user fails to satisfy the terms and times of the remedial plan, the Town,
upon reasonable prior notice, may refuse to accept any waste discharges from the user. The
Director may, for reasons deemed sufficient to said Director, grant extensions of time for full
compliance with the remedial plan.
7. Emergency Suspensions
The Director may immediately suspend a user's discharge (without notice or by informal notice to the
user) 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. The Director may also immediately suspend a user's discharge which
threatens to interfere with the operation of the Town's system and/or the regional system, or which
• presents or may present an immediate endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its
contribution. In the event of a users failure to immediately comply voluntarily with the
suspension order, the Director shall take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize damage to the Town
system, the regional system, the New River, or endangerment to any individuals or the
environment. The Director shall allow the user to recommence its discharge when the user
has demonstrated to the satisfaction of the Director that the cause or period of
endangerment has passed, unless the termination proceedings set forth in Subparagraph 8
of this Section are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence to the Director prior to
the date of any show cause or termination hearing under Subparagraphs 3 and 8 of this
Section.
C. The user shall pay all fees, fines, damages, surcharges and costs occurred as a result of
any harmful contribution.
Nothing in this Subsection shall be interpreted as requiring a hearing prior to any emergency
suspension.
:]
Town of Pulaski Pretreatment Ordinance
~~~~
Page 39
• 8. Termination of Discharge
In addition to those provisions in Subparagraph 6 of Section 17-204 of this Chapter, any user that
violates the following conditions, the terms of wastewater discharge permits, or orders issued
hereunder, is subject to discharge termination:
A. Violation of wastewater discharge permit conditions.
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge.
C. Failure to report significant changes in operations or wastewater volume, constituents and
characteristics prior to discharge.
D. Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring or sampling.
E. Violation of the pretreatment standards in Section 17-201 of this Chapter or any other
Section of this Article.
Unless emergency termination is necessary, the user will be given reasonable notice of the
proposed termination, and may be offered an opportunity to show cause why such action should not
be taken. Whether or not to grant such hearing rests in the sole discretion of the Council of the
• Town of Pulaski, Virginia.
Section 17- 210 -Judicial Enforcement Remedies, Penalties
1. Injunctive Relief
Whenever a user has violated a pretreatment standard or requirement or continues to violate the
provisions of this Article, the terms of any wastewater discharge permits, or orders issued hereunder,
or any other pretreatment requirement, the Town may petition the Circuit Court of the County of
Pulaski, Virginia, or such other court with jurisdiction, for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this Article on activities of the industrial
user. Such other action as appropriate for legal and/or equitable relief may also be sought by the
Town. A petition for injunctive relief need not be filed as a prerequisite to taking any other
appropriate or authorized action against the user.
2. Civil Penalties
A. Any user violating or continuing to violate the provisions of this Article V, Chapter 17 of
the Pulaski Town Code, or the terms and conditions of any wastewater discharge permit, or
any other pretreatment standard or requirement, shall be liable to the Town of Pulaski,
Virginia fora maximum civil penalty of up to Ten Thousand and 00/100 ($10,000) Dollars for
• each day of violation, provided, however, in cases involving monthly or long term average
discharge limits, penalties shall accrue for each of the periods of violations, each such period
(daily or otherwise) to constitute a separate offense.
Town of Pulaski Pretreatment Ordinance
Page 40
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• B. The Town may recover reasonable attorney's fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the
cost of any actual damages incurred by the Town.
C. In determining appropriateness of the amount of civil liability, the Town and/or 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 user's violation, corrective actions by the user, the compliance history of the user,
and any other factor as justice requires.
D. Suits for assessment, enforcement and collection may be instituted in any court with
jurisdiction in the premises, but initiation of proceedings for assessment, enforcement or
collection of civil penalties shall not be a prerequisite or condition for any other enforcement
or other action against the user.
3. Criminal Prosecution
A. Any user who willfully or intentionally violates any provision of this Article, any orders or
wastewater discharge permits issued hereunder, or any other pretreatment requirement shall,
upon conviction, be guilty of a Class 1 Misdemeanor, punishable as hereinafter provided.
B. Any user who willfully or negligently introduces any substance into the Town's system
• which causes personal injury or property damage shall, upon conviction, be guilty of a Class
1 Misdemeanor, and upon conviction shall be punished as hereinafter provided.
C. Any user who knowingly makes any false statements, representations, or certifications in
any ,
application, record, report, plan or other documentation files, or required to be maintained,
pursuant to this ordinance, wastewater discharge permit or order, or who falsifies, tampers
with or
knowingly renders inaccurate any monitoring. device or method required under this ordinance
shall be guilty of a Class 2 Misdemeanor punishable as hereinafter provided.
D. Each day any violation of Section 17-200 through Section 17-209, inclusive, of this Article
V, Chapter 17 of the Pulaski Town Code continues shall constitute a separate offense.
E. Whenever a violation of Section 17-200 through Section 17-209, inclusive, is stated to be
a Class 1, 2, 3, or 4 Misdemeanor, or when such violation is punishable as a Class 1, 2, 3 or
4 Misdemeanor, the punishments therefor upon conviction shall be:
(1) For Class 1 Misdemeanors, confinement in jail for not more than 12 months
and a fine of not more than $2,500, either or both.
(2) For Class 2 Misdemeanors, confinement in jail for not more than six months
and a fine of not more than $1,000, either or both.
• (3) For Class 3 Misdemeanors, a fine of not more than $500.
Town of Pulaski Pretreatment Ordinance
Page 41
y~~
• (4) For Class 4 Misdemeanors, a fine of not more than $250.
(5) If a single offense is punishable under more than one of the classes specified
in this Subparagraph 3.E, then punishments provided for the more serious class shall
apply.
4. Remedies Cumulative
The remedies provided in Section 17-208 through Section 17-210 of this Article are not exclusive
remedies, and the Town reserves the right to pursue any, all, or any combination of such actions
against a user not in compliance or which violates any of the mandates and requirements of this
ArtiGe. Enforcement of pretreatment requirements or violation thereof will generally be consistent
with the then current Enforcement and Response Plan of the Authority. However, the Town
reserves the right to take other action against any user when the circumstances warrant. Further,
the Town is empowered to take more than one enforcement action against any noncompliant user,
and all actions may be taken concurrently.
Section 17- 211 -Supplemental Enforcement Action
1. Performance Bonds
The Director may decline to reissue a wastewater discharge permit to any user which has failed to
• comply with the provisions of this Article, of any orders, or any provisions of previous wastewater
discharge permit, unless such user first files a satisfactory bond, payable to the Town, in a sum
determined by the Town to be necessary to achieve consistent compliance, conditioned for
compliance with all lawful requirements. The period of the bond shall not be less than five (5) years,
unless the period of time is shortened or waived by the Town Manager.
2. Financial Assurance; Liability Insurance
The Director may decline to reissue a wastewater discharge permit to any user which has failed to
comply with the provisions of this Article, or of any order, or the terms and provisions of a previous
wastewater discharge permit, unless the user first submits proof that it has obtained financial
assurances, through insurance or otherwise, sufficient to restore or repair damage to the Town
system or the regional system which could be or has been caused by an improper discharge.
In addition, the Director may require evidence of a liability insurance policy on which the user is the
named insured, insuring against future damages to the systems due to improper discharge. Such
insurance, if required, shall continue for a period of at leave five (5) years, unless such period is
shortened or waived by the Town Manager.
Notwithstanding the foregoing, the Director may require that the bond and/or the liability insurance
continue for longer than five (5) years.
3. Water Supply Severance
Whenever a user has violated or continues to violate the provisions of this Article, any orders, or
• provisions of wastewater discharge permits issued hereunder, water service to the user may be
Town of Pulaski Pretreatment Ordinance
Page 42
z.~ ~
• severed. Service will only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply with the provisions of this Article.
4. Public Nuisance
Any violation of the provisions of Section 17-200 through Section 17-209 of this Article, or violation
of the provisions of any wastewater discharge permits, or orders issued hereunder, is hereby
declared to be 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 Chapter 11
of the Pulaski Town Code (Section 11-156 through Section 11-183, both inclusive) and all applicable
laws of the Town and the Commonwealth of Virginia governing or relating to nuisances.
Section 17- 212 -Affirmative Defenses to Discharge Violations
1. Upset
A. For the purposes of this section, "upset' means an exceptional incident in which there is
unintentional and temporary noncompliance with pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
• B. An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical pretreatment standards if the requirements of paragraph C. below are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the causes(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner
and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the Director and to the
Authority within twenty-four (24) hours of becoming aware of the upset: (If this
information is provided orally, a written submission must be provided within five (5)
days).
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times, and/or if
not corrected, the anticipated time the noncompliance is expected to continue;
and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
•
Town of Pulaski Pretreatment Ordinance
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o7.T
• D. In an enforcement proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof by clear and convincing evidence.
E. Users will have the opportunity for a judicial determination on any claim of upset only in
an enforcement action brought for noncompliance with pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with pretreatment standards upon reduction, loss, or failure of its treatment
facility until the facility is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the primary power of the
treatment facility is reduced, lost, or fails.
2. Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the applicable prohibitions in Section 17-201 of this Article V of Chapter 17,
Pulaski Town Code, if it can prove, by clear and convincing evidence, that it did not know, or have
reason to know, that its discharge, along or in conjunction with discharges from other sources, would
cause pass-through or interference and that either:
A. A local limit exists for each pollutant discharged and the user was in compliance with each
limit directly prior to, and during, the pass-through or interference; or
B. No local limit exits, but the discharge did not change substantially in nature or constituents
• from the user's prior discharge when the Authority was regularly in compliance with its
VPDES permit, and in the case of interference, was in compliance with applicable sludge use
or disposal requirements.
3. Bypass
A. For the purpose of this section,
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a
user's treatment facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable or to
have diminished capability, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in production.
B. A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this
Section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
• Town, and the Director, at least ten (10) days before the date of the bypass, if possible.
Town of Pulaski Pretreatment Ordinance
Page 44
o? ~rI
• (2) A user shall submit oral notice to the Town and the Director, of an unanticipated bypass
that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5)
days of the time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its causes; the duration of the bypass, including
exact dates and times and, if the bypass has not been corrected, the anticipated period of
time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass.
D. (1) Bypass is prohibited, and the Director may take any enforcement action against a
user for a bypass, unless,
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during a normal period of equipment
downtime for preventive maintenance; and
(c) The user submitted notices as required under Paragraph C.of this Subparagraph
3.
• (2) The Director may approve an anticipated bypass, after considerin its adverse effects if
9
the Director determines that it will meet the three conditions listed in Paragraph (D) (1) of this
Subparagraph 3.
Section 17- 213 -Miscellaneous Provisions
1. Pretreatment Charges and Fees
The Town of Pulaski, Virginia, will adopt charges and fees for reimbursement of costs of setting up
and operating its pretreatment program which shall be payable by the industrial users of its collection
system, and which may include the following:
A. Fees for wastewater discharge permit applications, including the cost of processing such
applications.
B. Fees for monitoring, inspection, and surveillance procedures, including the cost of
collection and analyzing an industrial user's discharge, and reviewing monitoring reports
submitted by industrial users.
C. Fees for reviewing and responding to accidental discharge procedures and construction.
• D. Fees for filing appeals.
Town of Pulaski Pretreatment Ordinance
Page 45
ado
E. Other fees as the Town may deem necessary to cant' out the requirements contained
herein. These fees relate solely to the matters covered by this Article V, Chapter 17, Pulaski
Town Code, and are separate from all other fees, fines and penalties lawfully chargeable or
imposed by the Town.
•
2. Severability
If any provisions of Section 17-200 through Section 17-213, inclusive, of this Article V, Chapter 17,
Pulaski Town Code, is invalidated by a court of competent jurisdiction beyond possibility of further
appeal, the remaining provisions shall be severed from the offending provision and shall remain in
full force and effect.
3. Conflicts
All other provisions of the Pulaski Town Code and other ordinances of the Town inconsistent or in
conflict with any of the provisions of Section 17-200 through 17-213, of Article V, Chapter 17 of the
Pulaski Town Code are hereby repealed or modified to the extent of such inconsistency or conflict,
but otherwise to remain in full force and effect.
THIS ORDINANCE IS EFFECTIVE UPON ADOPTION AND IS ADOPTED THIS 17th DAY OF MAY,
1994, BY RECORDED VOTE OF THE TOWN COUNCIL OF THE TOWN OF PULASKI, VIRGINIA,
AS FOLLOWS:
Charles D. Crispin Aye
J. R. Schrader, Jr. y~e
Roy H. D'Ardenne, Jr, y~e
W. H. Schrader, Jr. y~e
r
ATTEST:
-.~~ ~~ .~
Ruth Harrell
Clerk of
Andrew L. Graham Ave
E. G. Black, Jr. A_ye _
Alma Holston Aye
Robert N. Glenn y~-
et' ~- ~Cti
Gary C ancock, Mayor
Town of Pulaski Pretreatment Ordinance Page 46
a ~~
I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby
Pre-
certify that the foregoing Ordinance No. 94-6, Peppers Ferry Treatment Ordinance,
pages 215-261, is a true and correct copy of the ordinance adopted by the recorded
vote of the Council on May 17, 1994.
(it - J~
Ruth A. Harrell, Clerk of the Council
•
ORDINANCE N0. ~4-7
SETTING FORTH THE CHARGES FOR SEWER SERVICE
•
ADOPTED: June 7, 1994
EFFECTIVE: WATER FURNISHED TO CUSTOMERS AFTER THE JUNE 1994 METER READING.
262