Chapter 13.55 PRETREATMENT AND DISCHARGE REQUIREMENTS*

(1) This chapter sets forth uniform requirements for direct and indirect dischargers of pollutants from nondomestic sources into the wastewater collection and treatment system for the city of Staunton and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are:

(a) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system;

(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;

(c) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its marketability;

(d) To protect both municipal personnel who may come into contact with sewage, sludge and effluent in the course of their employment as well as protecting the general public;

(e) To preserve the hydraulic capacity of the municipal wastewater system;

(f) To improve the opportunity to recycle and reclaim wastewater and sludge from the system;

(g) To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and

(h) To ensure the city complies with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws which the municipal wastewater system is subject to.

(2) This chapter provides for the regulation of direct and indirect discharges to the municipal wastewater collection system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(3) This chapter shall apply to the city and to persons outside of the city who, by contract with the city, are included as users of the municipal wastewater system. Except as otherwise provided herein, the director of public works (director) or his designees shall administer, implement, and enforce the provisions of this chapter. By discharging wastewater into the municipal wastewater system, industrial users located beyond the city limits agree to comply with the terms and conditions established in this chapter, as well as any permits or orders issued hereunder. (Code 1985, § 22-70A; Ord. 2-23-95).

13.55.020 Administration.

Except as otherwise provided herein, the director shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to other city personnel. (Code 1985, § 22-70B).

13.55.030 Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

(1) “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

(2) “Approval authority” means the Virginia State Water Control Board.

(3) “Authorized representative of the industrial user”:

(a) If the industrial user is a corporation, authorized representatives shall mean:

(i) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.

(c) If the individual user is representing federal, state or local governments, or an agent thereof, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.

(d) The individuals described in subsections (3)(a)(i) and (ii) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the city.

(4) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).

(5) “Building sewer” means a sewer conveying wastewater from the premises of a user to the publicly owned treatment work (POTW).

(6) “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 – 471, incorporated herein by reference.

(7) “City” means the city of Staunton.

(8) “Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

(9) “Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.

(10) “Cooling water” means the water discharged from any such use as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(11) Control Authority. The term “control authority” shall refer to the city of Staunton.

(12) “Discharge” means the discharge or the introduction of nondomestic pollutants into the municipal wastewater system by an industrial user.

(13) “Environmental Protection Agency” or “U.S. EPA” means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Regional Waster Management Division Director or other duly authorized official of said agency.

(14) “Existing source” means any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under Section 307(b) and (c) (33 U.S.C. 1317) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

(15) “Grab sample” means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the water stream and without consideration of time.

(16) “Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(17) “Industrial user” means any person which is a source of nondomestic discharge.

(18) “Industrial wastewater” means a nondomestic wastewater originating from a nonresidential source.

(19) “Interference” means a discharge which causes or contributes to the inhibition or disruption of the municipal wastewater system, including sewerage collection facilities, the processes or operations of the treatment plant, or the use or disposal of sewage sludge in accordance with the city’s NPDES permit or any of the following regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA)); any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

(20) “Medical waste” means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

(21) “Municipal wastewater system” or “system” means a “treatment works” as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the system.

(22) New Source.

(a) Any source of a discharge, the construction or operations of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) (33 U.S.C. 1317(c)) of the Act which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307(c); provided, that:

(i) No other source is located at that site; or

(ii) The source completely replaces the process or production equipment of an existing source at that site; or

(iii) The new wastewater-generating process of the source is substantially independent of an existing source at that site; and the construction of the source creates a new facility rather than modifying an existing source at that site. (In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.)

(b) For purposes of this definition, construction or operation has commenced if the owner or operator has:

(i) Begun or caused to begin as part of a continuous on-site construction program:

(A) Any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

(23) “Nondomestic pollutants” means any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Nondomestic pollutants include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).

(24) “Pass through” means a discharge which exits the treatment plant effluent into waters of the U.S. in quantities or concentrations which, alone or in conjunction with an indirect discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation).

(25) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.

(26) “pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units; neutral wastewaters are numerically equal to seven while the number increases to show increasing alkalinity and decreases to show increasing acidity.

(27) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat-wrecked or discharged equipment, rock, sand, cellar dirt and agricultural wastes.

(28) “Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater thereby rendering them less harmful to the municipal wastewater system prior to introducing such pollutants into the system. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(29) “Pretreatment standard and requirements” means any substantive or procedural requirement related to pretreatment, including national pretreatment categorical standards and prohibitive discharge standards imposed on an industrial user.

(30) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain defined types of industrial wastewater; these prohibitions appear in SCC 13.55.050.

(31) “Residential users” means persons only contributing sewage wastewater to the municipal wastewater system.

(32) “Receiving stream or water of the state” means 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 under-ground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

(33) “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

(34) Significant Industrial User. The term “significant industrial user” shall mean:

(a) Industrial users subject to categorical pretreatment standards; and

(b) Any other industrial user that:

(i) Discharges an average of 25,000 gpd or more of process wastewater;

(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

(iii) Is designated as significant by the city on the basis that the industrial user has a reasonable potential for causing pass through or interference.

(35) “Slug load” means any pollutant (including BOD) released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in Article II of Chapter 13.55 SCC.

(36) “Standard industrial classification (SIC) code” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

(37) “Stormwater” means any flow occurring during or following any form of natural precipitation and resulting therefrom, including snow melt.

(38) “Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

(39) “Director” means the person designated by the city to supervise the operation of the municipal wastewater system and who is charged with certain duties and responsibilities by this chapter or his duly authorized representative.

(40) “Toxic pollutant” means one of 126 pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provision of Section 307 (33 U.S.C. 1317) of the Act.

(41) “Treatment plant” means that portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste.

(42) “Treatment plant effluent” means any discharge of pollutants from the municipal wastewater system into waters of the state.

(43) “User” means any person who contributes, or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources.

(44) “Wastewater” means the liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system.

This chapter is gender neutral and the masculine gender shall include the feminine and vice versa. “Shall” is mandatory; “may” is permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Code 1985, § 22-70C).

13.55.040 Abbreviations.

The following abbreviations shall have the designated meanings:

 BOD	-	Biochemical oxygen demand
077; CFR	-	Code of Federal Regulations
 COD	-	Chemical oxygen demand
 EPA	-	U.S. Environmental Protection Agency
 gpd	-	Gallons per day
 LC	-	Lethal concentration for 50 percent of the 50 test org
 l	-	Liter
 mg	-	Milligrams
 mg/l	-	Milligrams per liter
 NPDES	-	National Pollutant Discharge Elimination System
 O&M	-	Operation and maintenance
 POTW	-	Publicly owned treatment works
 RCRA	-	Resource Conservation and Recovery Act
 SIC	-	Standard industrial classification
 SWDA	-	Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
 TSS	-	Total suspended solids
 USC	-	United States Code

(Code 1985, § 22-70D).

Article II. General Sewer Use Requirements

13.55.050 Prohibited discharge standards.

(1) No industrial user shall contribute or cause to be contributed into the municipal wastewater system, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general prohibitions apply to all industrial users of the municipal wastewater system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. Furthermore, no industrial user may contribute the following substances to the system:

(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the municipal wastewater system. Included in this prohibition are wastestreams with a closed cup flashpoint of less than 140 degrees F (60 degrees C). At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system or at any point in the system be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter.

(b) Solid or viscous substances in amounts which will cause interference with the flow in a sewer but in no case solids greater than one-half inch (1.27 centimeters) in any dimension.

(c) Any fats or greases, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(d) Any wastewater having a pH less than 5.0, or otherwise causing corrosive structural damage to the system, city personnel or equipment.

(e) Any wastewater containing pollutants in sufficient quantity (flow or concentration), either singly or by interaction with other pollutants, to pass through or interfere with the municipal wastewater system, any wastewater treatment or sludge process, or constitute a hazard to humans or animals.

(f) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

(g) Any substance which may cause the treatment plant effluent or any other residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the city to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act: the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or other state requirements applicable to the sludge use and disposal practices being used by the city.

(h) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant effluent thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation points for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.

(i) Any wastewater which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C).

(j) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations.

(k) Any pollutants which result in the presence of toxic gases, vapors or fumes within the system in a quantity that may cause worker health and safety problems.

(l) Any trucked or hauled pollutants, except at discharge points designated by the city in accordance with SCC 13.55.160.

(m) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the superintendent.

(n) Any industrial wastes containing floatable fats, waxes, grease or oils, or which become floatable at the wastewater temperature at the introduction to the treatment plant during the winter season; but in no case, industrial wastewater containing more than 100 mg/l of emulsified oil or grease.

(o) Nonbiodegradable cutting oils, commonly called soluble oils, which form a persistent water emulsion, and nonbiodegradable complex carbon compounds.

(p) Any sludges, screenings, or other residues from the pretreatment of industrial wastes.

(q) Any medical wastes, except as specifically authorized by the director in a wastewater permit.

(r) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.

(s) Any material identified as hazardous waste according to 40 CFR Part 261 except as may be specifically authorized by the director.

(t) Any wastewater causing the treatment plant effluent to show a lethal concentration (LC) of 50 percent as determined by a toxicity test of 96 hours or less, using a percentage of the discharge and aquatic test species chosen by the director.

(u) Recognizable portions of the human or animal anatomy.

(v) Any wastes containing substances which cause excessive foaming in the municipal wastewater system.

(2) Wastes prohibited by this section shall not be processed or stored in such a manner that these wastes could be discharged to the municipal wastewater system. The director may require that floor drains located in process or storage areas discharge into the user’s pretreatment facility before connecting to the city system. (Code 1985, § 22-71A).

13.55.060 Federal categorical pretreatment standards and state requirements.

(1) Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter I, Subchapter N, Parts 405 – 471 and incorporated herein.

(2) State pretreatment requirements set forth in VR 680-14-01 are incorporated herein. (Code 1985, § 22-71B).

13.55.070 Specific pollutant limitations.

The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits based on 24-hour composite samples:

1.93	mg/l	arsenic
0.15	mg/l	cadmium
2.88	mg/l	chromium
2.72	mg/l	copper
1.66	mg/l	cyanide
1.06	mg/l	lead
0.02	mg/l	mercury
0.81	mg/l	nickel
3.64	mg/l	silver
2.32	mg/l	zinc

Concentrations apply at the point where the industrial waste is discharged to the municipal wastewater system. All concentrations for metallic substances are for “total recoverable” metal. At his discretion, the director may impose mass limitations in addition to or in place of the concentration- based limitations above. (Code 1985, § 22-71(C); Ord. 3-27-03).

13.55.080 City’s right of revision.

The city reserves the right to establish, by ordinance or in wastewater permits, more stringent limitations or requirements on discharges to the municipal wastewater system if deemed necessary to comply with the objectives presented in SCC 13.55.010 or the general and specific prohibitions in SCC 13.55.060. (Code 1985, § 22-71D).

13.55.090 Special agreement.

The city reserves the right to enter into special agreements with users setting out special terms under which the industrial user may discharge to the system. In no case will a special agreement waive compliance with a pretreatment standard. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. Industrial users may also request a variance from the categorical pretreatment standard from U.S. EPA. Such a request will be approved only if the user can prove that factors relating to its discharge are fundamentally different from the factors considered by U.S. EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. (Code 1985, § 22-71E).

13.55.100 Dilution.

No user shall ever increase the use of process water, or in any way attempt to dilute, a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the city. (Code 1985, § 22-71F).

Article III. Pretreatment of Wastewater

13.55.110 Pretreatment facilities.

Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Article II of this chapter, within the time limitations specified by the director. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter. (Code 1985, § 22-72A).

13.55.120 Additional pretreatment measures.

Whenever deemed necessary, the director may require industrial users to restrict the industrial user’s discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the municipal wastewater system and determine the industrial user’s compliance with the requirements of this chapter.

(1) Each person discharging, into the municipal wastewater system, greater than 100,000 gallons per day or greater than five percent of the average daily flow in the system, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 50 percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the director. A wastewater permit may be issued solely for flow equalization. The director may require such facility for lesser discharges in any case.

(2) Grease, oil and sand interceptors shall be provided, when in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his expense.

(3) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Code 1985, § 22-72B).

13.55.130 Accidental discharge/slug control plans.

The director may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the director shall evaluate whether each significant industrial user needs such a plan. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges.

(2) Description of stored chemicals.

(3) Procedures for immediately notifying the municipal wastewater system of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article II of this chapter.

(4) Procedures to prevent adverse impact from any accident. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response. (Code 1985, § 22-72C).

13.55.140 Tenant responsibility.

Any person who shall occupy the industrial user’s premises as a tenant under any rental or lease agreement shall be jointly and severally responsible for compliance with the provisions of this chapter in the same manner as the owner. (Code 1985, § 22-72D).

13.55.150 Separation of domestic and industrial wastestreams.

All new and domestic wastewaters from rest rooms, showers, drinking fountains, etc. shall be kept separate from all industrial wastewaters until the industrial wastewaters have passed through a required pretreatment system and the industrial user’s monitoring facility. When directed to do so by the director, industrial users must separate existing domestic wastestreams from industrial waste-streams. (Code 1985, § 22-72E).

13.55.160 Hauled wastewater.

Septic tank waste (septage) will not be accepted into the municipal wastewater system. (Code 1985, § 22-72F).

13.55.170 Vandalism.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the municipal wastewater system. Any person found in violation of this requirement shall be subject to the sanctions set out in Article XI of this chapter. (Code 1985, § 22-72G).

Article IV. Wastewater Permit Eligibility

13.55.180 Wastewater survey.

When requested by the director all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter. (Code 1985, § 22-73A).

13.55.190 Wastewater permit requirement.

(1) It shall be unlawful for significant industrial users to discharge wastewater into the city’s sanitary sewer system without first obtaining a wastewater permit from the director. Any violation of the terms and conditions of the wastewater permit shall be deemed a violation of this chapter and subjects the industrial user to the sanctions set out in Articles XI through XIII of this chapter. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by federal, state, or local law.

(2) The director may require other industrial users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purposes of this chapter. (Code 1985, § 22-73B).

13.55.200 Permitting existing connections.

Any significant industrial user which discharges industrial waste into the municipal wastewater system prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the city for a wastewater permit in accordance with SCC 13.55.230, and shall not cause or allow discharges to the system to continue after 180 days of the effective date of the ordinance codified in this chapter except in accordance with a permit issued by the director. (Code 1985, § 22-73C).

13.55.210 Permitting new connections.

Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated start-up date. (Code 1985, § 22-73D).

13.55.220 Permitting extrajurisdictional industrial users.

Any existing significant industrial user located beyond the city limits shall submit a permit application, in accordance with SCC 13.55.230, within 90 days of the effective date of the ordinance codified in this chapter. New significant industrial users located beyond the city limits shall submit such applications to the director 90 days prior to any proposed discharge into the municipal system. Upon review of such application, the director may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the director may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said user. (Code 1985, § 22-73E).

13.55.230 Wastewater permit application contents.

In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form approved by the director.

(1) Name, mailing address, and location (if different from the mailing address);

(2) Environmental control permits held by or for the facility;

(3) Standard industrial classification (SIC) codes for pretreatment applicable to the industry as a whole and any processes for which categorical pretreatment standards have been promulgated;

(4) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the municipal system;

(5) Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system;

(6) Each product produced by type, amount, process or processes and rate of production;

(7) Type and amount of raw materials process (average and maximum per day);

(8) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge;

(9) Time and duration of the discharge;

(10) Measured average daily and maximum daily flow, in gallons per day, to the municipal system from regulated process streams as necessary to use the combined wastestream formula in 40 CFR 403.6(e);

(11) Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonal variation, if any;

(12) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any federal, state, or local standards, pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136;

(13) A statement reviewed by an authorized representative of the user and certified to by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary;

(14) If additional pretreatment and/or O&M will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:

(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events exclude hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to in subsection (1) of this section shall exceed nine months, nor shall the total compliance period exceed 18 months.

(b) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director including, as a minimum, whether or not it complied within the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the director;

(15) Any other information as may be deemed by the director to be necessary to evaluate the permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (Code 1985, § 22-73F).

13.55.240 Application signatories and certification.

All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(Code 1985, § 22-73G).

13.55.250 Wastewater permit decisions.

The director will evaluate the data furnished by the industrial user and may require additional information. Within 60 days of receipt of a complete permit application, the director will deter-mine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied. (Code 1985, § 22-73H).

Article V. Wastewater Permit Issuance Process

13.55.260 Wastewater permit duration.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the director. Each permit will indicate a specific date upon which it will expire. (Code 1985, § 22-74A).

13.55.270 Wastewater permit contents.

Wastewater permits shall include such conditions as are reasonably deemed necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the municipal wastewater system.

(1) Wastewater permits must contain the following conditions:

(a) A statement that indicates permit duration, which in no event shall exceed five years.

(b) A statement that the permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing permit.

(d) Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law.

(e) Statements of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules.

(2) Permits may contain, but need not be limited to, the following:

(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

(b) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

(c) Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.

(f) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.

(g) Requirements for installation and maintenance of inspection and sampling facilities and equipment.

(h) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting schedules.

(i) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation(s).

(j) Compliance schedules for meeting pretreatment standards and requirements.

(k) Requirements for submission of periodic self-monitoring or special notification reports.

(l) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in SCC 13.55.440 and affording the director or his representatives access thereto.

(m) Requirements for prior notification and approval by the director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.

(n) Requirements for the prior notification and approval by the director of any change in the manufacturing and/or pretreatment process used by the permittee.

(o) Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system.

(p) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the permit.

(q) Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and state and federal laws, rules and regulations for the term of the permit. (Code 1985, § 22-74B).

13.55.280 Wastewater permit appeals.

Any person, including the industrial user, may petition to the city to reconsider the terms of the permit within 10 days of the notice.

(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.

(3) The effectiveness of the permit shall not be stayed pending the appeal.

(4) If the city fails to act within 15 days of the receipt of the petition, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative action for purposes of judicial review.

(5) Aggrieved parties seeking judicial review of the final administrative permit decision must do so by filing a complaint with the circuit court for the city of Staunton, Virginia, within 30 days. (Code 1985, § 22-74C).

13.55.290 Wastewater permit modification.

The director may modify the permit for good cause including, but not limited to, the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements.

(2) To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of permit issuance.

(3) A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(4) Information indicating that the permitted discharge poses a threat to the city’s municipal wastewater system, city personnel, or the receiving waters.

(5) Violation of any terms or conditions of the wastewater permit.

(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

(8) To correct typographical or other errors in the permit.

(9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

The filing of a request by the permittee for a permit modification does not stay any permit condition. (Code 1985, § 22-74D).

13.55.300 Wastewater permit transfer.

Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the director if the permittee gives at least 30 days’ advance notice to the director. The notice must include a written certification by the new owner which:

(1) States that the new owner has no immediate intent to change the facility’s operations and processes.

(2) Identifies the specific date on which the transfer is to occur.

(3) Acknowledges full responsibility for complying with the existing permit.

Failure to provide advance notice of a transfer renders the wastewater permit voidable on the date of facility transfer. (Code 1985, § 22-74E).

13.55.310 Wastewater permit revocation.

Wastewater permits may be revoked for the following reasons:

(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

(2) Falsifying self-monitoring reports;

(3) Tampering with monitoring equipment;

(4) Refusing to allow the city timely access to the facility premises and records;

(5) Failure to meet effluent limitations;

(6) Failure to pay fines;

(7) Failure to pay sewer charges;

(8) Failure to meet compliance schedules;

(9) Failure to complete a wastewater survey;

(10) Failure to provide advance notice of the transfer of a permitted facility;

(11) Violation of any pretreatment standard or requirement or any terms of the permit or this chapter.

Permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All permits are void upon the issuance of a new wastewater permit. (Code 1985, § 22-74F).

13.55.320 Wastewater permit reissuance.

A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with SCC 13.55.230 a minimum of 90 days prior to the expiration of the user’s existing permit. (Code 1985, § 22-74G).

13.55.330 Municipal user permits.

In the event another municipality contributes all or a portion of its wastewater to the municipal wastewater system, the city may require this municipality to apply and obtain a municipal user permit.

(1) A municipal user permit application shall include:

(a) A description of the quality and volume of its wastewater at the point it enters the city’s system.

(b) An inventory of all industrial users discharging to the municipality.

(2) A municipal user permit shall contain the following conditions:

(a) A requirement for the municipal user to adopt both a sewer use ordinance, and local limits which are at least as stringent as those set out in SCC 13.55.070.

(b) A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis.

(c) Requirements for the municipal user to conduct pretreatment implementation activities including industrial user permit issuance, inspection and sampling, and enforcement as needed.

(d) A requirement for the municipal user to provide the city with access to all information that the municipal user obtains as part of its pretreatment activities.

(e) Limits on the nature, quality, and volume of the municipal user’s wastewater at the point where it discharges to the municipal wastewater system.

(f) Requirements for monitoring the municipal user’s discharge.

(3) Violation of the terms and conditions of the municipal user’s permit subjects the municipal user to the sanctions set out in Articles X and XI of this chapter. (Code 1985, § 22-74H).

Article VI. Reporting Requirements

13.55.340 Baseline monitoring reports.

Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the municipal system shall be required to submit to the city a report which contains the information listed in subsection (1) of this section. At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the city a report which contains the information listed in subsection (1) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

(1) The information required by this section includes:

(a) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.

(b) Permits. The user shall submit a list of any environmental control permits held by or for the facility.

(c) Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes.

(d) Flow Measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(e) Measurement of Pollutants.

(i) The industrial user shall identify the categorical pretreatment standards applicable to each regulated process.

(ii) In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136.

(iii) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow-proportional sampling techniques. If flow-proportional composite sampling is infeasible, samples may be obtained through time- proportional sampling techniques or through four grab samples if the user proves such a sample will be representative of the discharge.

(f) Special Certification. A statement, reviewed by an authorized representative of the industrial user and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required in order to meet the pretreatment standards and requirements.

(g) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this article must meet the requirements set out in SCC 13.55.230(14).

(h) All baseline monitoring reports must be signed and certified in accordance with SCC 13.55.240. (Code 1985, § 22-75A).

13.55.350 Compliance deadline reports.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the municipal wastewater system, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in SCC 13.55.340(1)(e) and (f). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with SCC 13.55.240. (Code 1985, § 22-75B).

13.55.360 Periodic compliance reports.

Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the director but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with SCC 13.55.240.

(1) All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.

(2) In the event an industrial user’s monitoring results indicates a violation has occurred, the industrial user must immediately notify the director and resample its discharge. The industrial user must report the results of the repeated sampling within 30 days of discovering the first violation. (Code 1985, § 22-75C).

13.55.370 Report of changed conditions.

Each industrial user is required to notify the director of any planned significant changes to the industrial user’s operations or pretreatment systems which might alter the nature, quality or volume of its wastewater.

(1) The director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application under SCC 13.55.230, if necessary.

(2) The director may issue a wastewater permit under SCC 13.55.250 or modify an existing wastewater permit under SCC 13.55.290.

(3) No industrial user shall implement the planned changed condition(s) until and unless the director has responded to the industrial user’s notice.

(4) For purposes of this requirement, flow increases of 10 percent or greater and the discharge of any previously unreported pollutants shall be deemed significant. (Code 1985, § 22-75D).

13.55.380 Reports of potential problems.

Each industrial user shall provide protection from accidental or intentional discharges of prohibited materials or other substances regulated by this chapter. Facilities to prevent the discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter.

(1) No industrial user which commences contribution to the system after the effective date of the ordinance codified in this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city.

(2) In the case of an accidental or other discharge which may cause potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(3) Within five days following an accidental discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the system, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter.

(4) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

(5) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (2) of this section. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. (Code 1985, § 22-75E).

13.55.390 Reports from noncategorical users.

All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater permit shall provide appropriate reports to the city as the director may require. (Code 1985, § 22-75F).

13.55.400 Violation report – Repeat sampling.

If sampling performed by an industrial user indicates a violation, the industrial user must notify the city within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation. The industrial user is not required to resample if the city performs monitoring at the industrial user’s at least once a month, or if the city performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling. (Code 1985, § 22-75G).

13.55.410 Notification of the discharge of hazardous waste.

(1) Any industrial user who commences the discharge of hazardous waste shall notify the city, the EPA Regional Waste Management Division director, and state hazardous waste authorities in writing of any discharge into the wastewater system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 10 kilograms of such waste per calendar month to the wastewater system, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user; an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under SCC 13.55.370.

(2) Dischargers are exempt from the requirements of subsection (1) of this section during a calendar month in which they discharge no more than 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 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.

Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the city, the EPA Regional Waste Management Waste Division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(4) 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. (Code 1985, § 22-75H).

13.55.420 Sample collection.

Except as indicated in subsection (1) of this section, wastewater samples collected for purposes of determining industrial user compliance with pretreatment standards and requirements must be obtained using flow-proportional composite collection techniques. In the event flow-proportional sampling is infeasible, the director may authorize the use of time-proportional sampling.

(1) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic compounds.

(2) Samples must be obtained using grab collection techniques. (Code 1985, § 22-75I).

13.55.430 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 or, if 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, in accordance with procedures approved by the EPA and the city. (Code 1985, § 22-75J).

13.55.440 Monitoring charges.

The director may recover the city’s expenses incurred in collecting and analyzing samples of the industrial user’s discharge by adding the costs to the industrial user’s sewer charges. (Code 1985, § 22-75K).

13.55.450 Timing.

Written reports will be deemed to have been transmitted at the time of deposit, postage prepaid into a mail facility serviced by the United States Postal Service. (Code 1985, § 22-75L).

13.55.460 Record keeping.

Any industrial user subject to reporting requirements herein shall maintain records of all information resulting from any monitoring activities. Such records shall include for all samples:

(1) The date, exact place, method, and time of sampling and the names of the persons taking the samples;

(2) The dates analyses were performed;

(3) Who performed the analyses;

(4) The results of such analyses.

Such industrial user shall be required to retain for a minimum of three years any records of monitoring activities and results (whether or not required by this section) and shall make the same available for inspection and copying by the director. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the director. (Code 1985, § 22-75M).

Article VII. Compliance Monitoring

13.55.470 Inspection and sampling.

The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Industrial users shall allow the director or his representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state and U.S. EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(2) The city, state, and U.S. EPA shall have the right to set up or require installation of, on the industrial user’s property, such devices as are necessary to conduct sampling, and/or metering of the user’s operations.

(3) The city may require the industrial user to install monitoring equipment, as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at the industrial user’s expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.

(4) 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.

(5) Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter. (Code 1985, § 22-76A).

13.55.480 Search warrants.

If the director has been refused access to a building, structure or property or any part thereof, and if the director has probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the city designed to protect the overall public health, safety and welfare of the community, then upon application by the city attorney, the district court judge of the city shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, or if the industrial user consents, inspections shall be made without the issuance of a warrant. (Code 1985, § 22-76B).

Article VIII. Confidential Information

13.55.490 Availability to the public.

Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law.

(1) 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.

(2) When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) program, and in enforcement proceedings involving the person furnishing the report. (Code 1985, § 22-77).

Article IX. Significant Noncompliance

13.55.500 Publication of users in significant noncompliance.

The city shall annually publish, in the largest daily newspaper circulated in the area where the municipal wastewater system is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:

(1) Sixty-six percent or more of wastewater measurements taken during a six-month period exceed the discharge limit for the same pollutant parameter by any amount;

(2) Thirty-three percent or more of wastewater measurements taken during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3) Any other discharge violation that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);

(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a 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, 90-day compliance reports, periodic self-monitoring reports, and reports in compliance with compliance schedules;

(7) Failure to report noncompliance; or

(8) Any other violation(s) which the city has reason to believe is significant. (Code 1985, § 22-78).

Article X. Administrative Enforcement Remedies

13.55.510 Notification of violation.

Whenever the director finds that any industrial user has violated or is violating this chapter, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the director or his agent may serve upon said user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take emergency action without first using a notice of violation. (Code 1985, § 22-79A).

13.55.520 Consent orders.

The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to SCC 13.55.540 and 13.55.550 and shall be judicially enforceable. (Code 1985, § 22-79B).

13.55.530 Show cause hearing.

The director may order any industrial user which causes or contributes to violation(s) of this chapter, wastewater permits or orders issued hereunder, or any other pretreatment requirement to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears as noticed, immediate enforcement action may be pursued following the hearing date. (Code 1985, § 22-79C).

13.55.540 Compliance orders.

When the director finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the director may continue to require such additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control. (Code 1985, § 22-79D).

13.55.550 Cease and desist orders.

When the director finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, the director may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements.

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. (Code 1985, § 22-79E).

13.55.560 Administrative fines.

Notwithstanding any other section of this chapter, any user which is found to have violated any provision of this chapter, permits and orders issued hereunder, or any other pretreatment requirement shall be fined in an amount not to exceed $25,000. Such fines shall be assessed on a per-violation, per- day basis. In the case of monthly or other long-term-average discharge limits, fines shall be assessed for each business day during the period of violation.

(1) Assessments may be added to the user’s next scheduled sewer service charge and the director shall have such other collection remedies as may be available for other service charges and fees.

(2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 20 percent of the unpaid balance and interest shall accrue thereafter at a rate of seven percent per month. Furthermore, these unpaid charges, fines and penalties, together with interest therefrom shall constitute a lien against the individual user’s property.

(3) Industrial users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where the director believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the industrial user. In the event the user’s appeal is successful the payment, together with any interest accruing thereto, shall be returned to the industrial user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. (Code 1985, § 22-79F).

13.55.570 Emergency suspensions.

The director may suspend the wastewater permit of an industrial user, for a period not to exceed 30 days, whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the municipal wastewater system, or which presents or may present an endangerment to the environment.

(1) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user’s failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The director shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in SCC 13.55.580 are initiated against the user.

(2) An industrial user which is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director prior to the date of any show cause or termination hearing under SCC 13.55.530 and 13.55.580. (Code 1985, § 22-79G).

13.55.580 Termination of permit.

In addition to those provisions in SCC 13.55.310, any industrial user which violates the following conditions of this section or orders issued hereunder is subject to permit termination:

(1) Violation of permit conditions.

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge.

(3) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.

(4) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling.

Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under SCC 13.55.530 why the proposed action should not be taken. (Code 1985, § 22-79H).

Article XI. Judicial Enforcement Remedies

13.55.590 Injunctive relief.

Whenever an industrial user has violated or continues to violate the provisions of this chapter, permits or orders issued hereunder, or any other pretreatment requirement, the director, through the city’s attorney, may petition the circuit court for the city of Staunton, Virginia, for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this chapter on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. (Code 1985, § 22-80A).

13.55.600 Civil penalties.

Any industrial user which has violated or continues to violate this chapter, any order or permit hereunder, or any other pretreatment requirement shall be liable to the director for a maximum civil penalty of $25,000 per violation per day. In the case of a monthly or other long-term-average discharge limit, penalties shall accrue for each business day during the period of the violation.

(1) The director may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(2) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.

(3) Where appropriate, the director may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user’s expense in undertaking the project is at least 150 percent of the civil penalty. (Code 1985, § 22-80B).

13.55.610 Criminal prosecution.

(1) Any industrial user who willfully or negligently violates any provisions of this chapter, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year or both.

(2) Any industrial user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year or both.

(3) In the event of a second conviction, the user shall be punishable by a fine of not to exceed $3,000 per violation per day or imprisonment for not more than three years or both. (Code 1985, § 22-80C).

Article XII. Supplemental Enforcement Action

13.55.620 Performance bonds.

The director may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter, any orders, or a previous permit issued hereunder unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance. (Code 1985, § 22-81A).

13.55.630 Liability insurance.

The director may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter, any orders, or a previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the municipal wastewater system caused by its discharge. (Code 1985, § 22-81B).

13.55.640 Water supply severance.

Whenever an industrial user has violated or continues to violate the provisions of this chapter, orders, or permits issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Code 1985, § 22-81C).

13.55.650 Public nuisances.

Any violation of the prohibitions or effluent limitations of this chapter, permits, or orders issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the director or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of SCC 9.05.190 governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. (Code 1985, § 22-81D).

13.55.660 Informant rewards.

The director is authorized to pay up to $500.00 for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty levied against the industrial user, the director is authorized to disperse up to 10 percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000. (Code 1985, § 22-81E).

13.55.670 Contractor listing.

Industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by an industrial user found to be in significant violation of pretreatment standards may be terminated at the discretion of the city. (Code 1985, § 22-81F).

Article XIII. Affirmative Defenses to Discharge Violations

13.55.680 Upset.

An upset shall be an affirmative defense to an enforcement action brought against a user or violating a pretreatment standard and requirement if the following conditions are met:

(1) The user can identify the cause of the upset;

(2) The facility was operating in a prudent and workmanlike manner at the time of the upset and was in compliance with applicable O&M procedures;

(3) The user submits, within 24 hours of becoming aware of the upset, a description of the discharge and its causes, the period of noncompliance (if not corrected, then time noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance;

(4) If this report is given orally, the user must also submit a written report containing such information within five days unless waived by the director;

(5) Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards and requirements because of factors beyond the reasonable control of the industrial user. Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute an upset. (Code 1985, § 22-82A).

13.55.690 General and specific prohibitions.

An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in SCC 13.55.050 if it can prove that it did not know or have reason to know that its discharge would cause pass through or interference and that either: (1) 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 (2) no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, in compliance with applicable sludge use or disposal requirements. (Code 1985, § 22-82B).

13.55.700 Bypass.

The intentional diversion of wastestreams from any portion of an individual user’s treatment facility shall be an affirmative defense to an enforcement action brought against the industrial user if the user can demonstrate that such a bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. In order to be eligible for the affirmative defense, the industrial user must demonstrate that there was no feasible alternative to the bypass and submit notice of the bypass as required by 40 CFR 403.17. (Code 1985, § 22-82C).

Article XIV. Miscellaneous Provisions

13.55.710 Pretreatment charges and fees.

The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

(1) Fees for permit applications including the cost of processing such applications;

(2) Fees for monitoring, inspection and surveillance procedures including the cost of reviewing monitoring reports submitted by industrial users;

(3) Fees for reviewing and responding to accidental discharge procedures and construction;

(4) Fees for filing appeals;

(5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the city. (Code 1985, § 22-83A).

13.55.720 Severability.

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Code 1985, § 22-83B).

13.55.730 Conflicts.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict. (Code 1985, § 22-83C).

13.55.740 Effective date.

This chapter shall be in full force and effect immediately following its passage, approval and publication. (Code 1985, § 22-84; Ord. 4-23-92).