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Loudoun County Overview
Loudoun County, VA Code of Ordinances
CODIFIED ORDINANCES OF THE COUNTY OF LOUDOUN VIRGINIA
COMPARATIVE SECTION TABLE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION AND COMPLIANCE; FIRE MARSHAL'S OFFICE
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1068.01   GENERAL PROVISIONS.
   (a)   Purpose and Policy.
      (1)   This chapter sets forth uniform requirements for Users of the Publicly Owned Treatment Works (POTW) in the County or serving the County, and enables the County to comply with all applicable State and Federal laws, including the Clean Water Act (33 U.S.C. section 1251 et seq.) and the General Pretreatment Regulations (Title 40 CFR Part 403). The objectives of this chapter are:
         A.   To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
         B   To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
         C.   To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
         D.   To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
         E.   To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
         F.   To enable the County to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.
      (2)   Applicability. This chapter shall apply to all Users of the Publicly Owned Treatment Works and apply to persons in the County and to persons outside the County who are, by contract or agreement with the County or the Sanitation Authority, Users of the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned treatment plant. The chapter authorizes the issuance of individual wastewater discharge permits and/or when applicable general permits; provides for monitoring, compliance, 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.
   (b)   Administration. Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to a duly authorized County employee.
   (c)   Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
      BOD - Biochemical Oxygen Demand
      BMP - Best Management Practice
      BMR - Baseline Monitoring Report
      CFR - Code of Federal Regulations
      CIU - Categorical Industrial User
      COD - Chemical Oxygen Demand
      EPA - U.S. Environmental Protection Agency
      gpd - gallons per day
      IU - Industrial User
      mg/l - milligrams per liter
      NPDES - National Pollutant Discharge Elimination System
      NSCIU - Non-Significant Categorical Industrial User
      POTW - Publicly Owned Treatment Works
      RCRA - Resource Conservation and Recovery Act
      SIU - Significant Industrial User
      SNC - Significant Noncompliance
      TSS - Total Suspended Solids
      U.S.C. - United States Code
   (d)   Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.
      (1)   "Act" or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
      (2)   "Approval Authority" within the County means the Director of the Virginia Department of Environmental Quality; for the purposes of the part of the system that goes to Blue Plains the EPA is the approval authority.
      (3)   "Authorized or Duly Authorized Representative of the User."
         A.   If the User is a corporation:
            1.   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
            2.   The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
         B.   If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively:
         C.   If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
         D.   The individuals described in paragraphs A. through C., above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the County on a form to be supplied by the Superintendent.
      (4)   "Best Management Practices" or "BMPs." schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 1068.02 (b)(1) and (2), 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
      (5)   "Blue Plains Wastewater Treatment Plant." A wastewater treatment plant located in the District of Columbia which provides service to certain Users located in the County.
      (6)   "Biochemical Oxygen Demand" or "BOD." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
      (7)   "Building sewer." A sewer conveying wastewater from the premises of a user to a publicly owned treatment works (POTW).
      (8)   "Categorical Pretreatment Standard" or "Categorical Standard." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
      (9)   "Categorical Industrial User" or "CIU." An Industrial User subject to a categorical Pretreatment Standard or categorical Standard.
      (10)   "County." Loudoun County, Virginia and the Board of Supervisors of Loudoun County, Virginia, as applicable.
      (11)   "Chemical Oxygen Demand" or "COD." A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
      (12)   "Control Authority." The Loudoun County Sanitation Authority, a body politic and corporate.
      (13)   "Cooling water." The water discharged from any use, such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.
      (14)   "Daily Discharge." The arithmetic average of all effluent samples for a pollutant collected during a calendar day or a 24 hour period.
      (15)   "Daily Maximum" or "Daily Maximum Limit." The maximum allowable discharge limit of a pollutant during a day which may be a calendar day or a 24 hour period. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
      (16)   "Environmental Protection Agency" or "EPA." The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
      (17)   "Existing Source." Any source of discharge that is not a "New Source."
      (18)   "Grab Sample." A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
      (19)   "Indirect Discharge" or "Discharge." The introduction of pollutants into the POTW from any nondomestic source.
      (20)   "Industrial User" or "User." A source of indirect discharge.
      (21)   "Instantaneous Limit." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
      (22)   "Interference." A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant NPDES permit(s) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State Sludge Management Plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
      (23)   "Local Limit." Specific discharge limits developed and enforced by the County upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
      (24)   "Medical Waste." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
      (25)   "Monthly Average." The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
      (26)   "Monthly Average Limit." The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
      (27)   "New Source."
         A.   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:
            1.   The building, structure, facility, or installation is constructed at a site at which no other source is located; or
            2.   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an Existing Source; or
            3.   The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered.
         B.   Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section A.2. or 3. above but otherwise alters, replaces, or adds to existing process or production equipment.
         C.   Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:
            1.   Begun, or caused to begin, as part of a continuous onsite construction program:
               a.   Any placement, assembly, or installation of facilities or equipment; 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
            2.   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
      (28)   “Noncontact Cooling Water." Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
      (29)   "Pass Through." A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant's NPDES permit(s), including an increase in the magnitude or duration of a violation.
      (30)   "Person." Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
      (31)   "pH." The negative logarithm (base ten) of the hydrogen ion concentration expressed in moles per liter of solution. pH is a measure of the acidity or alkalinity of a solution, expressed in standard units.
      (32)   "Pollutant." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
      (33)   "Pretreatment." The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable Pretreatment Standard.
      (34)   "Pretreatment Requirements." Any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
      (35)   "Pretreatment Standards" or "Standards." Pretreatment Standards shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
      (36)   "Prohibited Discharge Standards" or "Prohibited Discharges." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 1068.02 (b) of this chapter.
      (37)   "Publicly owned treatment works" or "POTW." A treatment works, as defined by Section 212 of the Act (33 U.S.C 1292), whether owned by the County or an authority which serves the County or of which the County is a member. This definition includes any sewers that convey wastewater to a POTW treatment plant, but does not include pipes, sewers or other conveyances not directly or indirectly connected to a facility providing treatment. This definition specifically includes sewers located in the County which convey wastewater to the users of the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned treatment plant. This definition specifically excludes treatment works owned by an incorporated town in the County. "POTW" also includes any sewers that convey wastewaters to the POTW from persons outside the County who are, by contract or agreement with the County or Sanitation Authority, Users of the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned treatment plant. "POTW" also refers to the governing body of a POTW and the authorized agents, officers and representatives thereof.
      (38)   "Sanitation Authority." The Loudoun County Sanitation Authority, a body politic and corporate, also doing business as Loudoun Water.
      (39)   "Septic Tank Waste." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
      (40)   "Sewage." Human excrement and gray water (household showers, dishwashing operations, etc.).
      (41)   "Shall" is mandatory; "may" is permissive.
      (42)   "Significant Industrial User" or "SIU". Except as provided in paragraphs C. and D. of this Section, a Significant Industrial User is:
         A.   An Industrial User subject to categorical Pretreatment Standards; or
         B.   An Industrial User that:
            1.   Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW system (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
            2.   Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant which principally receives the discharged process wastestream; or
            3.   Is designated as such by the Sanitation Authority on the basis that it has a reasonable potential for adversely affecting the POTW system's operation or for violating any Pretreatment Standard or Requirement.
         C.   The County or Sanitation Authority may determine that an Industrial User subject to categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
            1.   The Industrial User, prior to County or Sanitation Authority finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
            2.   The Industrial User annually submits the certification statement required in Section 1068.06(n)(2) see 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
            3.   The Industrial User never discharges any untreated concentrated wastewater.
         D.   Upon a finding that a User meeting the criteria in Subsection B. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the County or Sanitation Authority may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
      (43)   "Slug Load" or "Slug Discharge." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 1068.02 (b) of this Chapter. A "Slug Discharge" is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
      (44)   "Storm Water." Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
      (45)   "Superintendent." The General Manager of the Loudoun County Sanitation Authority or his or her duly authorized representative.
      (46)   "Total Suspended Solids" or "Suspended Solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
      (47)   "User" or "Industrial User.” A source of indirect discharge.
      (48)   "Wastewater." Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater includes all other sources of inflow to the treatment plant.
      (49)   "Wastewater Treatment Plant" or "Treatment Plant." That portion of the POTW which is designed to provide treatment of wastewater for pollution abatement prior to discharge to the environment.
(Ord. 14-03. Passed 3-5-14.)
1068.02   GENERAL SEWER USE REQUIREMENTS.
   (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.
         B.   An Industrial User subject to equivalent mass limits under Section 1068.02 (c)(6) must:
            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.
         C.   When developing equivalent mass limits under Section 1068.02 (c)(6), the Superintendent:
            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.)
1068.03   PRETREATMENT OF WASTEWATER.
   (a)   Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in Section 1068.02(b) of this Chapter within the time limitations specified by EPA, the State, or the Superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Superintendent for review, and shall be acceptable to the Superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the County or Sanitation Authority under the provisions of this Chapter.
   (b)   Additional Pretreatment Measures. The Superintendent is hereby authorized to establish a written Fats, Oil and Grease (FOG) procedure manual as he or she may deem necessary to prevent interference within the POTW. The requirements and provisions of the grease trap program 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.
   (c)   Accidental Discharge/Slug Discharge Facility Prevention Measures and Control Plans. Each industrial User shall provide facility design and chemical storage prevention measures against accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent an accidental discharge of prohibited materials shall be provided and maintained at the industrial User's own cost and expense. The Sanitation Authority, acting through the Superintendent, shall have the authority and responsibility to enter upon the property of any such User at any reasonable time for the purpose of inspecting such facilities. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Sanitation Authority for review and shall be approved by the Sanitation Authority before construction of the facility. No industrial User shall be permitted to introduce pollutants into the system until accidental discharge facility prevention measures have been approved by the Sanitation Authority. Review and approval of such plans and operating procedures shall not relieve the industrial User from the responsibility to modify the industrial User's facility as necessary to meet the requirements of this Chapter.
   The Superintendent shall evaluate whether each SIU additionally needs an Accidental Discharge/Slug Discharge Control Plan or other action to control Slug Discharges. The Superintendent may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Discharges. Alternatively, the Superintendent may develop such a plan for any User. An Accidental Discharge/Slug Discharge Control Plan shall address, at a minimum, the following:
      (1)   Description of discharge practices, including non-routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by Section 1068.06 (f) of this Chapter; and
      (4)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of industrial plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
   (d)   Hauled Wastewater. The Superintendent is hereby authorized to establish a written hauled waste acceptance and implementation procedures manual as he or she may deem necessary to implement, administer and enforce the rules and requirements under which hauled waste will be accepted. 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.
(Ord. 14-03. Passed 3-5-14.)
1068.04   INDIVIDUAL WASTEWATER DISCHARGE PERMITS AND GENERAL PERMITS.
   (a)   Wastewater Analysis. When requested by the Superintendent, a User must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require Users to update this information.
   (b)   Individual Wastewater Discharge Permit and General Permit Requirement.
      (1)   No existing User that meets the definition of a Significant Industrial User shall continue to discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the Superintendent, except that a Significant Industrial User that has filed a timely application pursuant to Section 1068.04 (c) of this Chapter may continue to discharge for the time period specified therein.
      (2)   The Superintendent may require other existing Users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this Chapter.
      (3)   Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this Chapter and subjects the wastewater discharge permittee to the sanctions set out in Sections 1068.10 through 1068.12 of this Chapter. Obtaining an individual wastewater discharge permit or a general permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
   (c)   Individual Wastewater Discharge and General Permitting: Existing Connections. Any User required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of this Chapter and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the Superintendent for an individual wastewater discharge permit or a general permit in accordance with Section 1068.04(e) of this Chapter, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this Chapter except in accordance with an individual wastewater discharge permit or a general permit issued by the Superintendent. For Users that meet the requirements of Section 1068.04(b)(1), the Superintendent may on a case by case basis grant extensions of discharge until a permit is issued except that no categorical User shall be granted an extension beyond the period allowed in the applicable federal or state regulations. Existing wastewater discharge permits issued prior to the effective date of this Chapter shall remain valid including the permit’s stated expiration date.
   (d)   Individual Wastewater Discharge and General Permitting: New Connections. Any User required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit, in accordance with Section 1068.04(e) of this Chapter, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence.
   (e)   Individual Wastewater Discharge and General Permit Application Contents.
      (1)   All Users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit under Section 1068.04 (f). The Superintendent may require Users to submit all or some of the following information as part of a permit application:
         A.   Identifying information.
            1.   The name, address and location (if different from the address) of the facility, including the name of the operator and owner.
            2.   The SIC Number according to the Standard Industrial Classification Manual, Bureau of Budget, 1972 as amended;
            3.   Contact information, description of activities, facilities, and plant production processes on the premises;
         B.   Environmental permits. A list of any environmental control permits held by or for the facility.
         C.   Description of operations.
            1.   A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications (SIC Code according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972 as amended) of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
            2.   Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
            3.   Number and type of employees, and proposed or actual hours of operation;
            4.   Type and amount of raw materials processed (average and maximum per day);
            5.   Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
         D.   Time and duration of discharges;
         E.   The location for monitoring all wastes covered by the permit;
         F.   Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 1068.02 (c)(5) (40 CFR 403.6(e)) 9 VAC 25-31-780E.
         G.   Measurement of Pollutants.
            1.   The User must submit monitoring data for all pollutants specified by the Superintendent except where recent data has been filed by the User. Such measurements shall include at a minimum:
               a.   The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.
               b.   The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process.
               c.   Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.
            2.   The sample(s) shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 1068.06 (j) of this Chapter. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Superintendent or the applicable Standards to determine compliance with the Standard.
            3.   Sampling must be performed in accordance with procedures set out in Section 1068.06 (k) of this Chapter.
         H.   Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on Section 1068.06 (d)(2) 40 CFR 403.12(e)(2). 9 VAC 25-31-800.
         I.   Any request to be covered by a general permit based on Section 1068.04 (f).
         J.   Any other information as may be deemed necessary by the Superintendent to evaluate the permit application.
      (2)   Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
   (f)   Wastewater Discharge Permitting: General Permits 40 CFR 403.8(f)(1)(iii)(A), 9 VAC 25-31-800F.l.c.(l).
      (1)   At the discretion of the Superintendent, the Superintendent may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
         A.   Involve the same or substantially similar types of operations;
         B.   Discharge the same types of wastes;
         C.   Require the same effluent limitations;
         D.   Require the same or similar monitoring; and
         E.   In the opinion of the Superintendent, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
      (2)   To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with Section 1068.06 (d)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the Discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Superintendent has provided written notice to the SIU that such a waiver request has been granted in accordance with Section 1068.06 (d)(2).
      (3)   The Superintendent will retain a copy of the general permit, documentation to support the POTW's determination that a specific SIU meets the criteria in Section 1068.04 (f)(1)A. to E. and applicable State regulations, and a copy of the User's written request for coverage for at least three (3) years after the expiration of the general permit. Note: See 40 CFR 403.8(f)(l)(iii)(A)(l) through (5). 9 VAC 25-31-800 F.1.c.(1)(b).
      (4)   The Superintendent may not control an SIU through a general permit where the facility is subject to production-based categorical Pretreatment Standards or categorical Pretreatment Standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the Combined Wastestream Formula (Section 1068.02 (c)(5)). Note: See 40 CFR 403.6(e) and 40 CFR 403.15, 9 VAC 25-31-800 F.l.c. (l)(b).
   (g)   Application and Reporting Signatories and Certifications.
      (1)   All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative (as defined in 1068.01 (d) of the User and contain the certification statement in Section 1068.06 (n)(1).
      (2)   If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Superintendent prior to or together with any reports to be signed by an Authorized Representative.
      (3)   A facility determined to be a Non-Significant Categorical Industrial User by the Superintendent pursuant to Section 1068.01 (d)(42)C. must annually submit the signed certification statement in Section 1068.06 (n)(2). Note: See 40 CFR 403J(v)(2). 9 VAC 25-31-840 Q.
   (h)   Individual Wastewater Discharge and General Permit Decisions. The Superintendent will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete permit application, the Superintendent will determine whether to issue an individual wastewater discharge permit or a general permit. The Superintendent may deny any application for an individual wastewater discharge permit or a general permit.
(Ord. 14-03. Passed 3-5-14.)
1068.05   INDIVIDUAL WASTEWATER DISCHARGE AND GENERAL PERMIT ISSUANCE.
   (a)   Required Language for Industrial Users Discharging to the Blue Plains Treatment Plant IJA between Loudoun Water and Blue Plains, September 12, 1989. Wastewater discharge permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, User charges and fees established by the Sanitation Authority or the County, or both. Wastewater discharge permits issued to Users served by the Blue Plains Wastewater Treatment Plant shall contain the following provisions (a)(1) through (4) of this section.
      (1)   By accepting this wastewater discharge permit, the industrial User served by the Blue Plains Wastewater Treatment Plant grants the Sanitation Authority the right to enter its premises at reasonable times alone or accompanied by personnel from the Blue Plains Wastewater Treatment Plant for the purpose of inspection, observation, measurement, sampling and testing to ensure compliance with applicable pretreatment laws and regulations.
      (2)   By accepting this wastewater discharge permit, the industrial User acknowledges and understands that it immediately shall notify the District of Columbia of any accidental discharge at 202.612.3400, and the Sanitation Authority at 571.291.7700, 8:30 a.m. to 5:00 p.m., Monday through Friday, 571.291.7878 at all other times, which is applicable twenty-four hours per day, seven days a week. Such notification shall include at least the following information:
         A.   The name and address of the premises where the discharge occurred or is occurring;
         B.   The precise location of the discharge at the premises;
         C.   The type of waste discharged or being discharged;
         D.   The concentration and volume;
         E.   Corrective actions undertaken or to be undertaken by such significant industrial User;
         F.   A contact person and his or her telephone number; and
         G.   Such other information as may be appropriate.
   Within five days following an accidental discharge, the industrial User shall submit to the District of Columbia and the Sanitation Authority a detailed written report describing the cause of the discharge and measures taken or to be taken by the User to prevent similar future occurrences. Such written notification shall be signed by an officer or proprietor of the firm or establishment, shall attest to the truth of the statements contained therein and shall be submitted to the following addresses:
      Loudoun Water
      Attn. Pretreatment Coordinator
      P.O. Box 4000
      Ashburn VA 20146
      District of Columbia
      Water and Sewer Authority
      Department of Wastewater Treatment
      Pretreatment Program Manager
      5000 Overlook Avenue, S.W.
      Washington, D.C. 20032
      (3)   By accepting the wastewater discharge permit, the industrial User acknowledges and understands that it is unlawful to discharge, or cause or permit the discharge of, nondomestic wastes that will be transmitted to the Sanitation Authority's or District of Columbia's wastewater system, except in accordance with applicable laws and regulations.
      (4)   By accepting the wastewater discharge permit, the industrial User acknowledges and understands that a violation of the pretreatment program requirements of the Sanitation Authority may also constitute a violation of other pretreatment laws and regulations. Each industrial User further acknowledges and understands that such violation may be subject to prosecution and the imposition of a fine or penalty.
      (5)   Wastewater discharge permits issued to Users served by the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant shall also be subject to the provisions of Section 1068.06 (f) to the extent that they exceed the provision of Section 1068.05 (a)(l) through (4) using the notification numbers and addresses of this section.
   (b)   Individual Wastewater Discharge and General Permit Duration. An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.
   (c)   Individual Wastewater Discharge Permit and General Permit Contents. An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent Pass Through or Interference, protect the quality of the water body receiving the wastewater treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
      (1)   Individual wastewater discharge permits and general permits must contain:
         A.   A statement that indicates the wastewater discharge permits issuance date, expiration date and effective date;
         B.   A statement that the wastewater discharge permit is nontransferable without prior notification to the County or Sanitation Authority in accordance with Section 1068.05 (f) of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
         C.   Effluent limits, including limits consisting of Best Management Practices, based on applicable Pretreatment Standards;
         D.   Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
         E.   The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 1068.06 (d)(2).
         F.   A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
         G.   Requirements to control Slug Discharge, if determined by the Superintendent to be necessary.
         H.   Requirements for notification of the Sanitation Authority of any facility, operational or process changes that affect the potential for a slug discharge.
         I.   Any grant of the monitoring waiver by the Superintendent (Section 1068.06 (d)(2)) must be included as a condition in the User's permit.
         J.   Requirements for notification of the Sanitation Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
         K.   Requirements to take the actions and file the information required in Section 1068.06 (f)(1) through (4).
      (2)   Individual wastewater discharge permits or general permits may contain, but need not be limited to, the following conditions:
         A.   Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
         B.   Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW and compliance schedules for installation;
         C.   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
         D.   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
         E.   The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
         F.   Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
         G.   A statement that compliance with the individual wastewater discharge permit or the general 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 individual wastewater discharge permit or the general permit; and
         H.   Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.
   (d)   Permit Issuance Process. Reserved.
   (e)   Permit Modification.
      (1)   The Superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
         A.   To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
         B.   To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
         C.   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
         D.   Information indicating that the permitted discharge poses a threat to the Blue Plains Wastewater Treatment Plant, Broad Run WRF, or any County or Sanitation Authority owned or operated treatment plant, the quality of the biosolids from these facilities, the safety of County personnel, or the receiving waters;
         E.   Violation of any terms or conditions of the individual wastewater discharge permit;
         F.   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
         G.   Revision or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;
         H.   To correct typographical or other errors in the individual wastewater discharge permit; or
         I.   To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 1068.05 (f).
   (f)   Individual Wastewater Discharge Permit and General Permit Transfer. Individual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Superintendent and the Superintendent approves the individual wastewater discharge permit or the general permit coverage transfer. The notice to the Superintendent must include a written certification by the new owner or operator which:
      (1)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
      (2)   Identities the specific date on which the transfer is to occur; and
      (3)   Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.
      Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.
   (g)   Individual Wastewater Discharge Permit and General Permit Revocation. The Superintendent may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
      (1)   Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
      (2)   Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 1068.06 (e) of this Chapter;
      (3)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
      (4)   Falsifying self-monitoring reports and certification statements;
      (5)   Tampering with monitoring equipment;
      (6)   Refusing to allow the Superintendent timely access to the facility premises and records;
      (7)   Failure to meet effluent limitations;
      (8)   Failure to pay fines;
      (9)   Failure to pay sewer charges;
      (10)   Failure to meet compliance schedules;
      (11)   Failure to complete a wastewater survey or the wastewater discharge permit application;
      (12)   Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
      (13)   Violation of any Pretreatment Standard or Requirement, or any terms of the User's wastewater discharge permit or this Chapter.
         Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership except as specified in Section 1068.05(f). All individual wastewater discharge permits or general permits issued to a User are void upon the issuance of a new individual wastewater discharge permit or a general permit to that User.
   (h)   Individual Wastewater Discharge Permit and General Permit Reissuance. A User with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with Section 1068.04(e) of this Chapter, a minimum of Sixty (60) days prior to the expiration of the User's existing individual wastewater discharge permit or general permit.
   (i)   Regulation of Waste Received from Other Jurisdictions.
      (1)   If another jurisdiction, or User located within another jurisdiction, contributes wastewater to the POTW, the Superintendent shall enter into an inter-jurisdictional agreement with the contributing jurisdiction.
      (2)   Prior to entering into an agreement required by paragraph (i)(1), above, the Superintendent shall request the following information from the contributing jurisdiction:
         A.   A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;
         B.   An inventory of all Users located within the contributing jurisdiction that are discharging to the POTW; and
         C.   Such other information as the Superintendent may deem necessary.
      (3)   An inter-jurisdictional agreement, as required by paragraph (i)(1), above, shall contain the following conditions:
         A.   A requirement for the contributing jurisdiction to adopt a sewer use ordinance which is at least as stringent as this Chapter and Local Limits, including required Best Management Practices (BMPs) which are at least as stringent as those set out in Section 1068.02 (e) of this Chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the County's Chapter or Local Limits;
         B.   A requirement for the contributing jurisdiction to submit a revised User inventory on at least an annual basis;
         C.   A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing jurisdiction; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing jurisdiction and the Superintendent;
         D.   A requirement for the contributing jurisdiction to provide the Superintendent with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;
         E.   Limits on the nature, quality, and volume of the contributing jurisdiction's wastewater at the point where it discharges to the POTW;
         F.   Requirements for monitoring the contributing jurisdiction's discharge;
         G.   A provision ensuring the Superintendent access to the facilities of Users located within the contributing jurisdiction's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Superintendent; and
         H.   A provision specifying remedies available for breach of the terms of the inter-jurisdictional agreement.
(Ord. 14-03. Passed 3-5-14.)
1068.06   REPORTING REQUIREMENTS.
   (a)   Baseline Monitoring Reports. Users that become subject to new or revised categorical Pretreatment Standards are required to comply with the following reporting requirements even if they have been designated as Non-Significant Categorical Industrial Users under provisions of the Chapter.
      (1)   Within either one hundred eighty (180) days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in paragraph (a)(2), below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the Superintendent a report which contains the information listed in paragraph (a)(2), below. A New Source shall report the method of pretreatment it intends to use to meet applicable categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
      (2)   Users described above shall submit the information set forth below.
         A.   All information required in Section 1068.04 (e)(1)A.1., (e)(1)B., (e)(1)C.1., and (e)(1)F. Note: Sec 40 CFR 403.12(b)(l)-(7).
         B.   Measurement of pollutants.
            1.   The User shall provide the information required in Section 1068.04 (e)(1)G.1. through 3.
            2.   The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
            3.   Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority;
            4.   Sampling and analysis shall be performed in accordance with Section 1068.06 (j);
            5.   The Superintendent may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
            6.   The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant Discharges to the POTW.
         C.   Compliance certification. A statement, reviewed by the User's Authorized Representative as defined in Section 1068.04 (d)(3) and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards and Requirements.
         D.   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 1068.06 (b) of this Chapter.
         E.   Signature and report certification. All baseline monitoring reports must be certified in accordance with Section 1068.06 (n)(1) of this Chapter and signed by an Authorized Representative as defined in Section 1068.01 (d)(3).
   (b)   Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by Section 1068.06(a)(2)D. of this Chapter:
      (1)   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
      (2)   No increment referred to above shall exceed nine (9) months or at shorter intervals as specified in Sanitation Authority issued compliance schedule;
      (3)   The User shall submit a progress report to the Superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and
      (4)   In no event shall more than nine (9) months elapse between such progress reports to the Superintendent or at shorter intervals as specified in Sanitation Authority issued compliance schedule.
   (c)   Reports on Compliance with Categorical Pretreatment Standard Deadline. Within ninety (90) days following the date for final compliance with applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and Requirements shall submit to the Superintendent a report containing the information described in Section 1068.04(e)(1)F. and G. and 1068.06(a)(2)B. of this Chapter. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Section 1068.02(c). Note: See 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 1068.06(n)(1) of this Chapter. All sampling will be done in conformance with Section 1068.06(k).
   (d)   Periodic Compliance Reports.
      (1)   Except as specified in Section 1068.06 (d)(3), all Significant Industrial Users must, at a frequency determined by the Superintendent submit no less than twice per year (June and December or on dates specified) reports indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Superintendent or the Pretreatment Standard necessary to determine the compliance status of the User.
      (2)   The County or Sanitation Authority may authorize an Industrial User subject to a categorical Pretreatment Standard to forego sampling of a pollutant regulated by a categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the Industrial User, see 40 CFR 403.12(e)(2), 9 VAC 25-31-840 E.2, and 9 VAC 25-31-800 F.l.c.(l)(b). This authorization is subject to the following conditions:
         A.   The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical Standard and otherwise includes no process wastewater.
         B.   The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. See Section 1068.05 (e)(1)H.
         C.   In making a demonstration that a pollutant is not present, the Industrial User must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
         D.   The request for a monitoring waiver must be signed in accordance with Section 1068.01 (d)(3), and include the certification statement in 1068.06 (n)(1). (40 CFR 403.6(a)(2)(ii)).
         E.   Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
         F.   Any grant of the monitoring waiver by the Superintendent must be included as a condition in the User's permit. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Superintendent for three (3) years after expiration of the waiver.
         G.   Upon approval of the monitoring waiver and revision of the User's permit by the Superintendent, the Industrial User must certify on each report with the statement in Section 1068.06 (n)(3), that there has been no increase in the pollutant in its wastestream due to activities of the Industrial User.
         H.   In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the User's operations, the User must immediately: Comply with the monitoring requirements of Section 1068.06 (d)(1), or other more frequent monitoring requirements imposed by the Superintendent, and notify the Superintendent.
         I.   This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
      (3)   For categorical Users the County or Sanitation Authority may reduce the requirement for periodic compliance reports to a frequency of not less than once a year, unless required more frequently in the Pretreatment Standard or by the EPA/for waste treated in the District of Columbia or The State of Virginia/for waste treated in Virginia, where the Industrial User's total categorical wastewater flow does not exceed any of the following:
         A.   0.01 percent of the POTW's design dry-weather hydraulic capacity of the POTW, or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the Industrial User discharges in batches.
         B.   0.01 percent of the design dry-weather organic treatment capacity of the POTW; and
         C.   0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical Pretreatment Standard for which approved Local Limits were developed at the POTW which receives the Users waste. Test values below a PQL approved by the Superintendent shall be considered below this threshold. Reduced reporting is not available to Industrial Users that have in the last two (2) years been in Significant Noncompliance, as defined in Section 1068.09 of this Chapter. In addition, reduced reporting is not available to an Industrial User with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the Superintendent, decreasing the reporting requirement for this Industrial User would result in data that are not representative of conditions occurring during the reporting period. Users with reduced reporting under this clause must notify the Sanitation Authority immediately upon becoming aware that they no longer meet one or more of the eligibility criteria contained in Section 1068.06 (d)(3)A. through C.
      (4)   The Sanitation Authority shall maintain for at least three (3) years the records and documents used in the determination that an industry meets the provisions of Section 1068.06 (d)(3)A. through C.
      (5)   All periodic compliance reports must be signed and certified in accordance with Section 1068.06 (n)(1) of this Chapter.
      (6)   All wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge.
      (7)   If a User subject to the reporting requirement in this section monitors any regulated pollutant at the permitted sampling location more frequently than required by the Superintendent, using the procedures prescribed in Section 1068.06 (k) of this Chapter, the results of this monitoring shall be included in the report. 40 CFR 403.12(g)(6).
      (8)   Users that send electronic (digital) documents to the County or Sanitation Authority to satisfy the requirements of this Section must satisfy the requirements of 40 CFR Part 3 - (Electronic Reporting). 9 VAC 25-31-840 R.
   (e)   Reports of Changed Conditions. Each User must notify the Superintendent of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change.
      (1)   The Superintendent may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 1068.04 (e) of this Chapter.
      (2)   The Superintendent may issue an individual wastewater discharge permit or a general permit under Section 1068.04 (h) of this Chapter or modify an existing wastewater discharge permit or a general permit under Section 1068.05 (e) of this Chapter in response to changed conditions or anticipated changed conditions.
   (f)   Reports of Potential Problems.
      (1)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for the POTW, the User shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
      (2)   Within five (5) days following such discharge, the User shall, unless waived by the Superintendent, 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 might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this Chapter.
      (3)   A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees to call in the event of a discharge described in paragraph (f)(1), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.
      (4)   Significant Industrial Users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a Slug Discharge.
   (g)   Reports from Unpermitted Users. All Users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the Superintendent as the Superintendent may require.
   (h)   Notice of Violation/Repeat Sampling and Reporting. If sampling performed by a User indicates a violation, the User must notify the Superintendent within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within thirty (30) days after becoming aware of the violation. Resampling by the Industrial User is not required if the County or Sanitation Authority performs sampling at the User's facility at least once a month, or if the County or Sanitation Authority performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the County or Sanitation Authority receives the results of this sampling, or if the County or Sanitation Authority has performed the sampling and analysis in lieu of the Industrial User. If the County or Sanitation Authority performed the sampling and analysis in lieu of the Industrial User, the County or Sanitation Authority will perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat sampling and analysis. See 40 CFR 403.12(g) (2). 9 VAC 25-31-840 G.2.
   (i)   Notification of the Discharge of Hazardous Waste. The discharge of any waste that would be considered a hazardous waste if otherwise disposed of under 40 CFR Part 261 is prohibited.
   (j)   Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Superintendent or other parties approved by EPA.
   (k)   Sample Collection. Sample data used to satisfy reporting requirements must be based on appropriate sampling and analysis performed during the period covered by the report, and must be representative of conditions occurring during the reporting period. The Control Authority shall indicate the frequency of monitoring necessary to assess and assure compliance by the User with applicable Pretreatment Standards and Requirements.
      (1)   Except as indicated in divisions (k)(2) and (3) below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the County or Sanitation Authority. Where time-proportional composite sampling or grab sampling is authorized by the County or Sanitation Authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the County or Sanitation Authority, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
      (2)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
      (3)   For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 1068.06 (a) and (c), 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. For the reports required by paragraphs in Section 1068.06 (d), (40 CFR 403.12(e) and 403.12(h)), the Industrial User is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements.
   (l)   Date of Receipt of Reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
   (m)   Recordkeeping. Users subject to the reporting requirements of this Chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 1068.02(e)(3). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the County or Sanitation Authority, or where the User has been specifically notified of a longer retention period by the Superintendent.
   (n)   Certification Statements.
      (1)   Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 1068.04 (g); Users submitting baseline monitoring reports under Section 1068.06 (a)(2)E. Note: See 40 CFR 403.12 (1); Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 1068.06 (c). Note: See 40 CFR 403.12(d); Users submitting periodic compliance reports required by Section 1068.06 (d)(1) through (4). Note: See 40 CFR 403.12(e) and (h), and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 1068.06 (d)(2)D. Note: See 40 CFR 403.12(e)(2)(iii). The following certification statement must be signed by an Authorized Representative as defined in Section 1068.01 (d)(3):
         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.
      (2)   Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be a Non-Significant Categorical Industrial User by the Superintendent pursuant to Sections 1068.04 (d)(32)C. and 1068.04 (g)(3). Note: See 40 CFR 403.3(v)(2) must annually submit the following certification statement signed in accordance with the signatory requirements in Section 1068.04 (g). Note: See 40 CFR 403.120(1). This certification must accompany an alternative report required by the Superintendent:
         Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from________, ________to _________ ,________ [months, days, year]:
         (a) The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in section 1068.01(32)C.; Note: See 40 CFR 403.3(v)(2);
         (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and
         (c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
         This compliance certification is based on the following information.
         ____________________________________________________
         ____________________________________________________
      (3)   Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 1068.06 (d)(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the User. Note: See 40 CFR 403.12(e)(2)(v)
         Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR ________ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____________________ [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 1068.06(d)(1).
(Ord. 14-03. Passed 3-5-14.)
1068.07   COMPLIANCE MONITORING.
   (a)   Right of Entry: Inspection and Sampling. The Superintendent or personnel from the Sanitation Authority shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Chapter and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow the Superintendent 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. The User shall be responsible for the cost of testing any samples taken from the User's facilities, whether the sample is taken by the User's personnel or by personnel from the Sanitation Authority.
      (1)   Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
      (2)   The Superintendent shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
      (3)   The Superintendent may require the User to install a monitoring facility and provide monitoring equipment as necessary for sampling and flow measurement. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at the frequency specified in their permit to ensure their accuracy.
      (4)   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the User.
      (5)   Unreasonable delays in allowing the Superintendent access to the User's premises shall be a violation of this Chapter.
      (6)   The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Superintendent’s requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Superintendent to perform independent monitoring activities. Construction shall be completed within ninety (90) days following written notification by the Superintendent to comply.
   (b)   Inspection Warrants. If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the County or Sanitation Authority designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Superintendent may seek issuance of an inspection warrant from the Circ6uit Court of Loudoun County, Virginia.
(Ord. 14-03. Passed 3-5-14.)
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