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.)