(a) Chapter 1068 Implementation. The Superintendent is hereby authorized to establish a written pretreatment program implementation procedure manual as he or she may deem necessary to implement, administer and enforce the requirements of this Chapter. The requirements and provision of these procedures shall be subject to the enforcement provisions of this Chapter. Should any section or any provision of the procedures be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the procedures as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.
(b) Prohibited Discharge Standards.
(1) General Prohibitions. No User shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all Users of the POTW whether or not they are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or Requirements.
(2) Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
A. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
B. Wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
C. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in Interference but in no case solids greater than one half (0.5) inches in any dimension;
D. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW;
E. Wastewater having a temperature greater than 150 degrees F at the point of entry into the POTW collection system, or which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through;
G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
H. Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 1068.03
(d) of this Chapter;
I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
J. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant NPDES permit;
K. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations;
L. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, water park facility drainage, condensate, deionized water, and unpolluted wastewater, unless specifically authorized by the Superintendent;
M. Sludges, screenings, or other residues from the pretreatment of industrial wastes;
N. Medical Wastes, except as specifically authorized by the Superintendent in an individual wastewater discharge permit or a general permit;
O. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
P. Detergents, surface-active agents, or other substances that might cause excessive foaming in the POTW collection system or treatment works;
Q. Fats, oils, or greases of animal or vegetable origin in concentrations greater than One Hundred (100) mg/l;
R. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter.
S. Any substance which may cause a POTW’s effluent or any other product of a POTW, such as residues, sludges or scums, to be unsuitable for reclamation and re-use or to interfere with the reclamation process. In no case, shall a substance discharged to a POTW cause a POTW to potentially be in noncompliance with sludge use or disposal criteria, guidelines or regulations applicable to the approved sludge management method determined by the applicable control authority to be most advantageous to the respective Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant.
(3) Pollutants, substances, or wastewater prohibited by the standards of Section 1068.02
(b)(2) shall not be processed or stored in such a manner that they could be discharged to any POTW.
(4) The Prohibited Discharge Standards in Section 1068.02
(b)(2) shall not be construed as a complete list of restrictions. Restrictions may also be placed on other materials or discharge conditions by the Superintendent when the nature of a User's discharge exhibits characteristics sufficient to adversely affect any portion of the collection or treatment system, human health and safety or the environment.
(5) Where the discharge prohibitions for the Blue Plains Wastewater Treatment Plant are found to be more stringent than provisions in Section 1068.02
(b)(2) the District of Columbia discharge prohibitions applicable to the Blue Plains Treatment Plant shall prevail. This provision is applicable to Users for which any portion of their discharge proceeds to the Blue Plains Wastewater Treatment Plant.
(6) Enforcement Provisions contained in this Pretreatment Chapter shall be applicable, at the discretion of the Superintendent, to any User which discharges in excess of the Prohibited Dicharge Standards in Section 1068.02
(b)(2) without regard to the User’s status under the permitting provisions of Section 1068.04
of this Chapter.
(c) National Categorical Pretreatment Standards. Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.
(1) Where a publicly owned treatment works (POTW) achieves consistent removal of pollutants limited by pretreatment standards, the POTW may apply to the applicable approval authority for modification of specific limits in the pretreatment standards for Users located in the POTW's collection system based on removal credits. Such application shall meet all of the requirements of 40 CFR 403.7 for waste treated in the District of Columbia or alternatively for waste treated within the state of Virginia the requirements of 9 VAC 25-31-790. The POTW may then modify pollutant discharge limits in the Federal pretreatment standards if the requirements contained in 40 CFR Section 403.7 are fulfilled and if prior approval from the approval authority is obtained.
(2) An industrial User or interested person may seek a variance from categorical standards based on factors that are fundamentally different (Fundamentally Different Factors, FDF) from the factors considered during development of a categorical pretreatment standard. Such request must meet all requirements of 9 VAC 25-31-850 A.-H. Approval will be based on meeting the conditions in 9 VAC 25-31-850I.-J, which include Public Notice proceedings. Such request shall be submitted to the Virginia Director of the Department of Environmental Quality or an authorized representative. Where the Director finds that FDF do not exist he may deny the request and notify the individual requesting the variance. Where the Director finds that FDF does exist he shall forward the request, with a recommendation that the request be approved to the Administrator of the United States Environmental Protection Agency or an authorized representative.
A. Criteria applicable to request less stringent limits shall include:
1. The alternative limit requested is no less stringent than justified by the fundamental difference;
2. The alternative limit will not result in a violation of prohibitive discharge standards prescribed by or established under 9 VAC 25-31-770 or Section 1068.02
(b)(2) of this code;
3. The alternative limit will not result in a non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during the development of the pretreatment standards; and
4. Compliance with the standards (either by using the technologies upon which the standards are based or by using other control alternatives) would result in either:
a. A removal cost (adjusted for inflation) wholly out of proportion to the removal cost considered during development of the standards; or
b. A non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impacts considered during development of the standards.
(3) Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with Sections 1068.02
(b)(6) and (b)(8).
(4) When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users. Note: See 40 CFR 403.6(c)(2) 9 VAC 25-31-780 C. 2.
(5) When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Superintendent shall impose an alternate limit in accordance with 40 CFR 403.6(e), the combined wastestream formula as found in 9 VAC 25-31-780 E.
(6) When a categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the County or Sanitation Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Superintendent. The County may establish equivalent mass limits only if the Industrial User meets all the conditions set forth in Sections 1068.02
(c)(6)A.1. through (c)(6)A.5. below. This provision does not apply to pollutants which are not expressed as concentration based limits such as pH, temperature, radiation or any other pollutant for which a mass limit is not appropriate.
A. To be eligible for equivalent mass limits, the Industrial User must:
1. Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;
2. Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;
3. Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
4. Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and
5. Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User's request for equivalent mass limits.
1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
2. Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;
3. Continue to record the facility's production rates and notify the Superintendent whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in paragraph (c)(6)A.3. of this Section. Upon notification of a revised production rate, the Superintendent will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and
4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to paragraph (c)(6)A.1. of this Section so long as it discharges under an equivalent mass limit.
1. Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based Daily Maximum and Monthly Average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;
2. Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
3. May retain the same equivalent mass limit in subsequent individual wastewater discharger permit terms if the Industrial User's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section 1068.02
(g). The Industrial User must also be in compliance with Section 1068.13
(c) regarding the prohibition of bypass.
(7) Reserved.
(8) The Superintendent may convert the mass limits of the categorical Pretreatment Standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users. The conversion is at the discretion of the Superintendent. 9 VAC 25-31-780 C. 6. When converting such limits to concentration limits, the Superintendent will use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by Section 1068.02
(g) of this Chapter (see 40 CFR 403.6(d)). In addition, the Superintendent will document how the equivalent limits were derived for any changes from concentration to mass limits, or vice versa, and make this information publicly available (see 40 CFR 403.6(c)(7)).
(9) Once included in its permit, the Industrial User must comply with the equivalent limitations developed in this Section 1068.02
(c)(6) in lieu of the promulgated categorical Standards from which the equivalent limitations were derived. 9 VAC 25-31-780 C. 7.
(10) Many categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum Monthly Average, or 4-day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation. 9 VAC 25-31-780 C. 8.
(11) Any Industrial User operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based Standard shall notify the Superintendent within two (2) business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any User not notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. 9 VAC 25-31-780 C. 9.
(d) State Pretreatment Standards. Users must comply with State requirements and limitations on discharges in any case where they are more stringent than Federal requirements and limitations or those in this Chapter. 9 VAC 25-31-730 to 900.
(e) Local Limits.
(1) The Superintendent is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
(2) To protect against Pass Through and Interference. No person discharging to the Blue Plains Wastewater Treatment Plant shall discharge wastewater containing in excess of the current Local Limitations adopted by the District of Columbia Water and Sewer Authority for the Blue Plains Wastewater Treatment Plant.
(3) The Superintendent may develop Best Management Practices (BMPs), for adoption into this Chapter or in individual wastewater discharge permits or general permits to implement Local Limits and the requirements of Section 1068.02
(b). 9 VAC 25-31-770 C. 5.
(f) Right of Revision. The County, Sanitation Authority and Superintendent each reserves the right to establish, and adopt into this Chapter or in individual wastewater discharge permits or in general permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this Chapter.
(g) 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 Requirement. The Superintendent may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases when the imposition of mass limitations is appropriate.
(Ord. 14-03. Passed 3-5-14.)