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19850903 1985-25ORDINANCE NO. 1985-25 AN ORDINANCE AMENDING CHAPTER 2t~ OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, BY THE ADDITION OF REGULATIONS GOVERNING WASTEWATER DISCHARGE BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 2~ of the Code of the Cit¥ of Fairfax be and hereby is amended by the addition of Article III, Wastewater Discharge Regulations, Sections 2g-9 to 2g-33, which shall read in its entirety as follows: "Article III. WASTEWATER DISCHARGE REGULATIONS Sec. 2~-9. Definitions fa'~ Unless the context specificiallv indicates otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated: Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, and any amendments thereto. Administrator means the Administrator of the U. S. Environmental Protection A~encv or his a~ents or delegates. (3~ Approval Authority means the Director of the Virginia State Water Control Board when the State Pretreatment Program is approved; until approval, the Administrator of the U. S. Environmental Protec- tion A~ency. Authorized representative of industrial user means (il a principal executive officer of at least the level of vice-president if the indu- strial user is a corporation; (ii! a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or (iiil a dun authorized representative of the indiduval designated above if such representative is responsible for the overall operation of the faclities from which the indirect discharze originates. ¢5} Biochemical oxygen demand (BOP) means the quantity of oxyqen utilized in the biochemical oxidation of organic matter under stand- ard laboratory procedure using an incubation period of five (5) days at twenty (20~ de~rees Celsius with results expressed in terms of weigh~ and volume (milligrams per liter f6) Building sewer means a sewer conveying wastewater from the vremi- ses of a user to the facilities of the City., to private sewerage sys- tems, to individual sewage disoosa! svstems, or to other points of d iso osa 1. (7~ Categorical Standards means National Categorical Pretreatment Standards or Pretreatment Standards. Compatible Dollutant means biochemical ox¥¢en demand, suspended solids, Dhosvhorus, pH, and fecal coliform bacteria, plus additional pollutants identified in the City's National Pollutant Discharge Elimination System (NPDES~ permit if the City's treatment works were designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. f9~ Construction means any placement or installation of facilities or equipment (including contractual obligations to purchase such facili- ties or equiomen¢ at the premises where such equipment will be used, including prer>aration work at such premises. fl0~ Cooling water means any water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added is heat. 1985-25 -2- (11) (13) (1~) (15) City means the City of Fairfax, Virginia. Direct discharge means the discharge of treated or untreated waste- water directly to the waters of the State of Virginia. Director of Transit and Utilities means the City official directed and authorized by the City Council of the City of Fairfax to maintain and supervise transit and utility operations, or his duly authorized representative, or such other person authorized by the City Council. Environmental Protection A~encv or EPA means the lJ. S. Environ- mental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official or said agency. Facilities of the City means any sewer, DiDe, manhole, pumping station, force main, or other appurtenance of the wastewater col- lection system or treatment works, whether located within or with- out the boundaries of the City, which have been, are, or are intended to be installed, operated or maintained by the City, or in the instal- lation, operation or maintenance of which the City has ~articipated, is participating, or is intended to participate financially. (16) Grab sample means an individual sample collected over a period of time not to exceed fifteen (15) minutes and without regard to flow in the waste stream. (.17) Holding tank waste means any waste from holding tanks, including vessels, chemical toilets, campers, trailers, and septic tanks, but excluding toxic and/or hazardous wastes such as wastes generated as a result of industrial pretreatment. (19) (~.1) (22) Incompatible pollutant means any pollutant which is not a "compat- ible pollutant" as defined in this Section. Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source, including holding tanks. Industrial user means a source of indirect discharge or person who contributes, causes or permits the contribution of industrial wastes into a POTW. The phrase "Users of the City Treatment Works" includes persons outside the City who by contract or agreement are sources of indirect discharge to the City treatment works. Industrial wastes means liquid and liquid-carried wastes resulting from industrial, manufacturing, trade or business processes, including industrial cooling water and unpolluted trade or process waste, as distinct from sewage contributed by domestic sources in its entirety. Interference means an inhibition or disrruption of a POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or siqnificantly contributes to either a violation of any requirement of its NPDES permit or to the preven- tion of sewage sludge use or disposal by the POTW in accordance with regulatory requirements developed under Section ~05 of the Act, or pursuant to the provisions of the Solid Waste Disposal Act the Clean Air Act, the Toxic Substances Control Act, or any more stringent State or local regulations applicable to the method of sludge use or disposal employed by the POTW. Mass emission rate means the weight of material discharged to the City treatment works during a given time interval. Unless otherwise specified, the mass emission rate shall means kilograms per day of a particular constituent or combination of constituents. National Categorical Pretreatment Standards means any regulation containin~ pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which are techno- 1985-25 -3- (27} (32~ logically based and a~)l)lv to a sl)ecific category of industrial users for the ourl~ose of limiting the discharge of l~riority oollutants. National Pollutant Discharge Elimination System (NPDES) means a national oermit program administered by the Environmental Protec- tion Agenc'v under authority granted in the Act, and transferable to the State for all ooint source direct discharges into navigable waters. The NPDES l)ermit sets limits and l)rescribes the conditions of the discharge. National Prohibitive Discharge Standard or Prohibitive Discharge Standard means any reRulation develoved under the authority of Section 307(b) of the Act and 40 CFR Section 403.5 aovlvin~ to all industrial users for the vurvose of vrotecting the facilities and versonnel of the City, safeguarding the miblic, and Dreventin¢ inter- terence with the treatment works. New source means any source the construction of which is com- menced after the publication of prol)osed regulations Drescribin~ a Section 307(c) Categorical Pretreatment Standard which will be aODlicable to such source if such standard is thereafter ~romulgated within one hundred twenty (,120) days * after DroDoS~I, a new source means any source the construction of which is commenced after the date of promulgation of the standard. Owner means any individual, firm, comDany, r)artnershiD, association, and vrivate, vublic and municival corvoration's resl)onsible corvorate officer, the United State of America, the Commonwealth of Virginia, districts and all Oolitical subdivisions, governmental agencies and mandatories thereof having an interest, whether legal or equil)table, sole or only Dartiallv, or his agent, in any oremises which are or are about to be served by the facilities of the City. Person means any individual, Dartnershil), cooartnershiD, firm, com- OanV, comoration, association, joint stock comDanv, trust, estate, governmental entity or any other legal entity, or their legal reore- sentative, agents or assigns. DH means the logarithm (base 109') of the concentration of hydrogen ions expressed inmoles l)er liter of solution. Pollutant means any dredged si)oil, solid waste, incinerator residue, sewage, Rarbage, sewage sludge, munitions, chemical wastes, biolog- ical materials, radioactive materials, heat, wrecked or discharged equiDment, rock, sand, cellar dirt, and industrial, municival and agricultural waste discharged into water. Premises means any building, grouD of buildings, other dwellin~ units, or land uDon which buildings are to be constructed which are, or are about to be, served by the facilities of the City. and/or metered for water consuml)tion. Premises havin~ access to the facilities of the City means any pre- mises which abut a highway, street, alley, public space or Drivate prol)ertv in which the facilities of the City are located or any l)re- raises which are located not more than three hundred 300) feet distant from the facilities of the City and which can be served by the facilities of the City. * of orooosal in the Federal Register where the standard is l)romul~ated later than one hundred twenty (120) days. 1985-25 -~- (37} (38) (39) (~ 1) Pretreatment or treatment means the reduction of the amount of pollutants or the alternation of the nature of pollutant 13rooerties in wastewater to a less harmful state prior to discharging such waste- water into a POTW, The reduction or alteration can be obtained by physical, chemical or biological means, orocess changes or other means; except that it shall be unlawful to increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compl- iance with any applicable Federal State or City maximum concentra- tion limitation for any wastewater constituent, Pretreatment requirements means any substantive or procedural requirement related to pretreatment and imposed on an industrial user, other than a National Categorical Pretreatment Standard, Priority pollutants or toxic Dollutants means the list of sixty-five (65) toxic pollutants published by the EPA Pursuant to section 307(a)(1) of the Act. These are substances evidence indicated are carcinogenic, mutagenic and/or Teratogenic, have acute toxic ef- fects on human or aquatic orffanisms at sufficiently high concentra- tions, are Persistent in the environment, and/or bioaccumulate and enter food chains. The Administrator may revise this list from time to time. Priority oollutants are subject to effluent limitations resulting from the application of the best available technology economically achievable (}3 Publicly owned treatment works (POTW) means any device or system used in the treatment (including recycling and reclamation) of muni- cipal sewage or industrial wastes of a liquid nature which is owned by a state or municipality (as defined by Section 507(~) of the Act). This definition includes sewers, pipes or other conveyances only if they convey wastewater to a facility providing treatment. The phrase "County treatment works" means the POTW owned by the County in which the City has purchased a capital interest, including the facities of the County and County treatment Plants. The Phrase "City treatment works" means the POTW owned by the City. POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater. The phrase "County treatment plant" means a POTW treatment plant in which the City has pur- chased a capital interest. Sanitary sewer means a system which transports wastewater and excludes storm water, surface water, and groundwater. Septic tank truck means any vehicle utilized or dedicated for the conveyance of wastewater, sludge or other liquid wastes originating from holding tanks (including septic tanks). Sewerage facilities means any Plumbing system, piping system, fixture or other aopurtenance which is designed to carry the normal domestic liquid or liquid-carried wastes from oremises to a system of sewage disposal. Shall means mandatory; may means permissive. Significant industrial user means any industrial wastewater contri- butor that (i) has a discharge flow of twenty-five thousand (25,0003 gallons or more Per average work day (if seasonal, the average shall be computed on the period of use3; (iD has a flow or pollutant loadin~ greater than five percent (5%) of a POTW treatment plant; (iii) has in its wastes toxic pollutants in amounts as defined in the standards issued under Section 307(a) of the Act; or (iv) is found by the U. S. Environmental Protection Agency, Virginia State Water Control Board or the City to have signficant impact, either singly or in combination with other contributing industries, on the treatment works, the quality of the sludge, the effluent quality, or air emissions generated by the treatment plant. 1985-25 -5- Sludge means the solids, residues and precipitate separated from or created in wastewater by the unit processes of a treatment works. Slug means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and which adversely affects the treatment works. (06) Standard Industrial Classification (SIC) means a classification pur- suant to the Standard Industrial Classification Manual issued by the Executive Officer of the President, Office of Management and Budget, 1972. Storm water means any flow occurring during or following any form of natural precipitation and resulting therefrom. Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. (09) Toxic substance menas any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to Section 307(a) of the Clean Water Act (including the priority r~ollutants) or other acts, or any other substance deemed toxic by the Director of Transit and Utilities. (50) User means any person who contributes, causes or permits the con- tribution of wastewater into the City treatment works. (51) Waste means wastewater and any and all other water substances, liquid, solid, gaseous or radioactive, associated with human habita- tion, or of human or animal origin, or from any producing, manufac- turing or processing or>eration of whatever nature prior to, and for purpose of, disposal. (52) Wastewater means the liquid and water-carried industrial or domes- tic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which are contributed into or permitted to enter a POTW. (53) Wastewater constituents and characteristics means the individual chemical, physical, bacteriological and radiological components, including volume and flow rate and other such ~arameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater. Sec. 20-10. Abbreviations The following abbreviation shall have the designated meanings: (1) BOP - (2~ CFR - (3) COD - (0) EPA - (6) mg - (7) mg/l - (8) NPDES - (9) POTW - (10) SIC - (lB SWDA - (12) TSS - Biochemical oxygen demand. Code of Federal Regulations. Chemical oxygen demand. Environmental Protection A~encv. Liter. Milligrams. Milligrams Der liter. National Pollutant Discharge Elimination System. Publicly owned treatment works. Standard Industrial Classification. Solid Wate Disposal Act. Total Suspended Solids. 1985-25 -6- Sec. 2~-11. General discharge prohibitions. No user shall discharge or cause to he discharged into any portion of the City treatment works any pollutant or wastewater which will interfere with the operation or performance of a County treatment plant or have a harmful effect on either personnel or equipment at any point in the treat- ment works. No user shall discharge industrial into the City treatment works until reviewed and approved by the Director of Transit and Utilities. Such approval may pend review and acceptance by the Director of Transit and Utilities of any pretreatment, accidental discharge prevention, and/or monitoring facilities and procedures he may deem necessary to meet the objectives of this Chapter. Any user required to provide any such facili- ties may be deemed by the Director of Transit and Utilities a significant industrial user and subject to the requirements for a wastewater discharge permit. Except as hereinafter provided, no user shall discharge any of the follow- ing described waters or wastes into any portion of the City treatment works; these general prohibitions apolv to all users, whether or not the user is subject to National Categorical Pretreatment Standards or any other Federal, State, County or City discharRe limitations or require- ments: Any substance which will cause a POTW treatment plant to violate its NPDES and/or State Disposal System permit or the receiving water quality standards. Any substance which may cause a POTW treatment plant's effluent or any other product such as residues, sludges or scums, to be unsuit- able for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the treatment works cause a POTW treatment plant to be in non-complaince with sludge use or disposal criteria, ~uidelines or regulations developed under Section ~05 of the Act or any regulatory requirement affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or State criteria applicable to the sludge management method bein~ used. Excessive discharge rate. Any pollutants, including oxygen- demanding pollutants, released at a flow rate and/or pollutant con- centration which a user knows or has reason to know will cause interference to a POTW treatment plant, and including slug dis- charges. Corrosive wastes. Any waters or wastes having a oH less than 5.5 or more than 10.0 units, or having any other corrosive property capable of causing damage or hazard to structures, equipment and/or person- nel of the City treatment works. Prohibited wastes include but are not limited to acids, sulfides, concentrated chloride and fluoride compounds, and substances which will react with water to form acidic products. ~ (5) Explosive mixtures. Any liquids, solids or gases which, by reason of their nature or quantity, are/or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injuries in any other way to the treatment works or to the operation of a POTW treatment plant. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the treatment works (or at any point in the system), be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, Derchlorates, bromates, carbides, hydrides, sulfides, and any other substances which the City, the State, or the EPA has notified the user is a fire hazard or hazard to the system. 1985-25 -7- (7) Toxic substances. Any waters or wastes containing toxic substances in sufficient quantity, either singly or by interaction with other Dollutants, to injure or interfere with any treatment plant process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of a POTW treatment Dlant, or to exceed any limitation set forth in a Categorical Pretreatment Standard. Noxious wastes. Any noxious or malodorous liquids, solids or gases which, either singly or by interaction with other wastes, are suffi- cient to create a public nuisance or hazard to life or are sufficient to prevent entry into a sewer for maintenance, repair or other our- Doses. Radioactive wastes. Any radioactive waste isotoDes of such half-life or concentration as to exceed limits established by applicable City, State of Federal regulations. 1'9) (lit Solid or viscous wastes. Solid or viscous wastes which may cause obstruction to the flow in a sewer or other interference with the operation of the treatment works. Prohibited materials include but are not limited to grease, garbage with particles greater than one- half inch in any dimension, animal ~uts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wasteoaoer, wood, plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or Dolishing wastes. Oil and grease. Any waters or waste which may contain more than one hundred (100) Darts Der million, by weight, or exceed a daily average of forty (0`0) parts Der million of fat, oil or grease. Excessive temperature. Any waters or wastes having a discharge temperature exceeding 105° F (65.5° C), or at the introduction into the treatment plant exceeding 100`° F (~0° C), but in no case wastes of sufficient temperature to inhibit biological activity resulting in interference. (12) (13) Discolored wastes. Any waste with objectionable color not removed in the treatment process, such as but not limited to dye wastes and vegetable tann lng so lutions. Unpolluted water. Any storm water, surface water, groundwater, roof run-off, or subsurface drainage. Dilution water. Any water added for the express purpose of diluting waters or pollutants which would otherwise exceed applicable Fede- ral, State or City maximum concentration limitations for any waste- water constituent. Sec. 2~-12. Specific pollutant limitations No user shall discharge wastewater containing in excess of the following con- centration limitations: Maximum For Any One Day Average of Daily Values of Four Consecutive Days Not to Exceed Arsenic Cadmium Chromium, Total Copper Cyanide, Total 0.10 mg/l 1.20 mg/l 7.00 mg/l 0,.50 mg/l 1.90 mg/l 0.06 mg/l 0.70 mg/l o,.00 mg/l 2.70 mg/l 1.00 mg/l 1985-25 Lead 0.60 mg/l O.t40 mg/l Mercury 0.01 mg/l O.t40 mg/l Nickel 4.10 mg/l 2.60 m~/l Silver 1.20 mg/l 0.70 mg/l Zinc 4.20 mg/l 2.60 mg/l Total Metals* 10.50 mg/l 6.80 mg/l Total Toxic Organics** 1.00 mg/l 0.60 mg/l Defined as the sum of cooper, nickel, total chromium, and zinc. Defined as the sum of all values greater than 0.01 mg/l for any organic priority pollutant. Sec. 2~-13. Compatible pollutant limitations The admission into the City treatmentworks of any waters or wastes containing any of the parameters listed below and qualing or exceeding the respective amounts indicated shall be subiect to the review and approval of the Director of Transit and Utilities, and may be subiect to a surcharge Deriding a review by the Director of Transit and Utilities and such charges based on any average quarter year. A discharge flow of twenty-five thousand (25,000l gallons per day. A .~OD of two hundred twenty-five (2.~_5~ mg/l or a mass discharge of twenty-one and three-tenths (21.3~ kilograms Der day. A suspended solids of two hundred twenty-five (2..'Z. 5) mg/l or a mass dis- charge of twenty-one and three-tenths (21.3} kilograms per day. A total phosphorus of fifteen (15~ mg/l or a mass discharge of one and thirty-six-hundredths (1.36~ kilograms Der day. A total nitrogen of fifty (50} mg/l or a mass discharge of four and five- tenths (~.5~ kilograms per day. Sec. 2~-lt,. National Categorical Pretreatment Standards Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategorv, the Federal Standard, if more stringent than limitations imposed under this Chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this Chapter. Limits in Categorical Pretreatment Standards shall apply to the effluent of the process regulated by the Standard. The Director of Transit and Utilities shall notify industrial users of applicable Pretreatment Standards. Users shall achieve compliance with all National Categorical Pretreatment Standards within the time limits as specified by the National Pretreatment Regulations. Sec. 2g-15. State Requirements State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this Char)ter. Sec. 2~-16. Special agreements with industrial concerns for treatment of certain industrial waste. Nothing contained in this Article shall be construed as preventing any special agreement between the City and an industrial concern whereby an industrial waste of unusual srength or character may be accepted by the City for treat- ment, provided that such can be accomplished without contravention of a~Dlic- able State and Federal laws, regulatons, and performance standards. Such waste shall be subject to oavments and conditions stipulated to in the agreement. Sec. 2t~-17. Septic tank and other holding tank waste disposal. There shall be no discharge of septic tank or portable toilet contents into the City publicly owned treatment works (POTW}. 1985-25 -9- Sec. 2~-18. Disposal of prohibited wastes. fa) Toxic substances, as designated under this Cha~ter, and hazardous wastes as designated under the Resource Conservation and Recovery Act (RCRA) must be disposed of in either authorized hazardous waste management facilities or facilities approved by the Virginia State Department of Health. Disposal of these wastes shall comply with State regulations for managin~ hazardous wastes. Any industrial user who generates in excess of one hundred (100) kilograms per month of acutely hazardous waste or one thousand (1,000) kilograms per month of generally hazardous waste, as defined by the RCRA, shall provide the Director of Transit and Utilities with a review of their hazard- ous waste management pro~ram. Any toxic or hazardous properly packaged and facilities. waste to be transported from Fairfax City shall be labeled, manifested and sent to State-aDproved Sec. 24-19. Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this Chapter and shall provide any pretreatment facilities shall, at the user's expense, be provided, operated and maintained continuously in satisfactory and effective operation. Detailed plans showin~ the pretreatment facili- ties and operating procedures shall be submitted to and approved by the Director of Transit and Utilities before commencing construction of such facilities. The aoproval of such plans and operating procedures will in no way relieve the user from the responsibility of modifyin~ the facility as necessary to produce an effluent acceptable to the City under the provi- sions of this Chapter. Any subsequent changes in the pretreatment facili- ties or method of operation shall be reported to and be acceptable to the Director of Transit and Utilities prior to the user's initiation of the changes. Equalization tanks or facilities may be considered adequate ~retreatment techniques for the ~urpose of protecting a~ainst hydraulic surges and slu~ loadings. Where such use results in dilution, or other cases where deemed appropriate by the Director of Transit and Utilities, the City may regulate the discharge by mass limitation rather than standard concentration. Any increase in the use of process water or in any other way attempting to dilute a discharge as a partial or complete substitute for adequate treat- ment to achieve compliance with applicable Federal, State or City maxi- mum concentration limitations is prohibited. (c) All records relating to compliance with Pretreatment Standards shall be made available to officials of the EPA or Aporoval Authority upon request. Sec. 24-~0. Accidental discharges. Each user shall provide protection from accidental discharge of prohibited material or other wastes regulated by this Chapter. Facilities to prevent accidental discharge or prohibited materials shall be provided and main- tained at the user's expense. Detailed plans showing facilities and operat- ing procedures to provide this protection shall be submitted to and proved by the Director of Transit and Utilities before construction of the facility. In the event of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Director of Transit and Utilities of the incident. The notification shall include location of dischar.qe, type of waste, concentration and volume, and corrective actions. Within five (5) days following an accidental discharge, the user shall submit to the Director of Transit and Utilities a detailed written report describing the cause of the discharqe and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of ay expense, loss, damage or other liability which may be incurred as a result of damage to the treatment works or any other damage to person or 1985-25 -I0- property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed or other applicable law. Sec. 2t~-21 Monitoring facilities. When required by the Director of Transit and Utilities, the owner of any prop- erty served by a building sewer carrying industrial wastes shall provide moni- toring facilities to allow inspection, sampling and flow measurements of the wastes. All significant users shall provide such monitoring facilities. Whether constructed on public or private property, the construction shall comply with all applicable local City construction standards and specifications. Construction must be completed within (90) days following written notification by the City. When more than one (II user can discharge into a common building sewer, the Director of Transit and Utilities may require installation of a separate monitor- ing facility for each user. Also, when in iudgment of the Director of Transit and Utilities thre is a significant difference in wastewater constituents and char- acteristics produced by different operations of a single user, the Director of Transit and Utilities may require separate monitoring facilities for each regul- ated process. Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. If sampling or metering equip- ment is also required by the Director of Transit and Utilities, it shall be pro- vided, installed and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises in the buildin~ sewer. The City may, however, when, such a location would be imoractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having iurisdic- tion over that street or sidewalk, and located so that it will not be obstructed by landscaping or ~arked vehicles. If the monitoring facility is inside the user's fence, there shall be accommoda- tions to allow safe and immediate access for City personnel, such as a gate secured with a City lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the samDlin¢ and measurin~ equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user. Sec. 2t~-22. Inspection and sampling. The City may inspect the facilities of any user to ascertain whether the object- ives are being met and all requirements are being complied with. Persons or occupants of premises where industrial waste is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, copying records, or in the performance of related duties. The City shall have the right to set up in accordance with plans approved by the Director of Transit and Utilities, on the user's property, such devices as are necessary to conduct sampling or meter- ink operations. Where user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with security .¢uards so that upon any pre- sentation of suitable identification, personnel from the City will be permitted to enter without delay for the ~urposes of performing their specific responsibili- ties. Sec. 2t~-23. Wastewater discharge permits. All new significant industrial users proposing to connect to or to contibute to the City treatment works shall obtain a Wastewater Discharge Permit before connecting to or contributing to the treatment works shall obtain a Wastewater Discharge Permit within one hundred eighty (180) days after the effective date of this ordinance. Sec. 2t4-2t,. Permit applications. Users required to obtain a Wastewater Discharge Permit shall comolete and file an application in the form prescribed by the City. Existing users shall apply for 1985-25 -Il- a Wastewater Discharge Permit within thirty (30) days after the effective date of this Chapter, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the treatment works. In support of the application, users shall submit, in units and terms appropriate for evaluation, the information listed in this paragraph below. New users shall not be required to submit information for item (m), and new users may base information submitted for items (b), (e), and (h) - fl) on estimates or projections. Name, address and telephone number of the applicant, the user and the owner of the premises from which industrial wastes are to be discharged. (b) A list of any environmental control permits held by or for the user. SIC number according to the Standard Industrial Classification Manual, bureau of the Federal Budget, 1972, as amended. Each product produced by type, amount, process or processes, and rate of production. Type and amount of raw materials processed faverage and maximum per day). Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharge. Site plans, floor plans and/or schematics in sufficient detail to show loca- tion of process units and appurtenances and to include discharge piping arrangement. Number and type of employees, hours of plant operation, and Droposed or actual hours of operation of pretreatment system. V/astewater constituents and characteristics, including but not limited to those mentioned in Sections 2.4-I1, 12 and 13 of this chapter as determined by an analytical laboratory approved by the Director of Transit and Utili- ties. Sampling and analyses shall be performed in accordance with pro- cedures established by the EPA pursuant to Section 304(g~ of the Act and contained in 40 CFR Part 136, as amended. Estimated time and duration of dischar,~e(s). Average daily and three-minute peak flow rate, including daily, monthly and seasonal variations if any. (1) Where known, the nature and concentration of any pollutants in the dis- charge which are limited by City, State or Federal discharge limitations. A statement regarding whether or not applicable discharge limitations are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet such standards. If additional pretreatment and/or 0 & M will be required to meet any discharge limitations, the shortest schedule by which the user will provide such additional pretreatment will be noted on the application. The completion date in this schedule shall not be later than the compliance date established for any applicable Pretreatment Standard. The following conditions shall aDoly to this schedule: The schedule shall contain increments of progress in the form of dates for the commencement and completion of maior events leading to the construction and operation of additional Dretreatment re- quired for the user to meet the applicable discharge limitations (e.g., hiring an engineer, completing preliminary plans, completing final. plans, executing contracts for maior components, commencing construction, completing construction, system testing and achieving compliance with discharge limitationsL 1985-25 -12- (2) No increment referred to in paragraph (II shall exceed nine ¢9) months. Not later than fourteen (lq) days followin~ each date in the schedule and the final date for compliance, the user shall submit a pro~ress report to the Director of Transit and Utilities, including, as a mini- mum, whether or not it complied with the increment of pro,~ress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the sche- dule established. In no event shall more than nine (9) months elapse between such progress reports to the Director of Transit and Utili- ties. (n) Any other information as mav be deemed by the City to be necessary to evaluate the permit application. The Director of Transit and Utilities will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Dis- charge Permit subject to terms and conditions provided herein. 20.-25. Permit modifications. Within nine (9) months of the promuh,,ation of a National Categorical Pretreat- ment Standard, the Wastewater Discharge Permit of users subject to such stand- ards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categor- ical Pretreatment Standard has not previously submitted an application for a Wastewater Discharge Permit as required by Section 2Q-20.., the user shall apply for a Wastewater Discharge Permit within (90) days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing Wastewater Discharge Permit shall submit to the Director of Transit and Utilities within ninety (90) days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by paragraph (I) and (m) of Section 20.-20.. 20.-26. Permit conditions. XTJastewater Discharge Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, and user charges and fees estab- lished by the City. Permits may contain the following: The unit charge or schedule of user charges and fees for the wastewater to be discharged to the treatment works. Limits on the average and maximum wastewater constituents and charact- eristics. Limits on average and maximum rate and time of discharge or require- ments for flow regulation and equalization. Requirements for providin~ monitoring, accidental discharRe prevention, and/or pretreatment facilities and r)rocedures. (e) Specifications for self-monitorin~ pro,rams, which may include samplin~ locations, frequency of sampling, number, types and standards for tests, and reporting schedule. Compliance schedule for providin~ any required facilities. Requirements for submission of technical reports or discharge reports (see Section (hi Requirements for maintainin~ and retaininq plant records relating to wastewater discharge as specified by the City, and affordin~ City access thereto. 1985-25 -13- (D Requirements for notification of the City of any new introduction of wastewater constituents or nay substantial change in the volume or char- acter of the wastewater constituents being introduced into the City Treatment Works. Other conditions as deemed appropriate by the City to ensure compliance with this Chapter. Sec. 2~-27. Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of one hundred eighty (180~ days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subiect to modification by the City during the term of the permit as limitations or requirements under this Article are modified or other just cause exists. The user will be informed of any proposed changes in his permit at least thirty (..30) days prior to the effective date of change. Any changes or new conditions in the permit will include a reasonable time schedule for compliance. Sec. ~.~-~_8. Permits not transferable. Wastewater Discharge Permits are issued to a specific user for a specific oper- ation. A Wastewater Discharge Permit shall not be reassigned or transferred to a new owner, new user, different premises, or a new or changed operation. Any succeeding owner or user shall not operate under an existing permit issued in another name or operation, but must first make application for a new permit at least thirty (3) days in advance of any schedule change. Sec. 24-29. Reporting requirements for permittee. Within ninety (90) days following the date for final compliance with applicable Pretreatment Standards or in the case of a new source following commencement of the introduction of wastewater into the City treatment works, any user subject to Pretreatment Standards shall submit to the Director of Transit and Utilities a report indicating, for each process regulated by such Pretreatment Standards, the nature and concentration of all pollutants in the discharge from the regulated process and the average and maximum daily flow for these process units. The report shall state whether the applicable Pretreatment Standards are being met on a consistent basis and, if not, what additional O & M and/or pre- treatment is necessary to bring the user into compliance with the applicable Pretreatment Standards. This statement shall be signed by an authorized rep- resentative of the industrial user and certified to by a Qualified professional. Sec. 2~-30. Periodic compliance reports. ('al Any user subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a new source, after com- mencement of the discharge into the City treatment works, shall submit to the Director of Transit and Utilities, durin~ the months of 3une and Dec- ember, a report indicating the nature and concentration of the pollutants in the effluent which are limited by such Pretreatment Standards, a record of measured or estimated average and maximum daily flows of regulated process streams and other streams, any unusual or excessive flows, and any other information required periodically by Pretreatment Regulations. fbi Where regulation is by mass limitation the report required by (al above shall indicate the mass emission rate of pollutants regulated by Pretreat- merit Standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow, nature and concentration, or production and mass where required by the Director of Transit and Utilities, of pollutants contained therein which are limited by the applicable Pretreatment Stan- dards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 1985-25 30~(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures ar>r~roved by the Administrator. Sampling shall be performed in accordance with the techniques ar>proved by the Administrator. 26-31. Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring pro, rams, and from inspections shall be available to the public or other governmental a~encies without restriction unless the user soecifically requests and is able to demonstrate to the satisfaction of the Director of Transit and Utilities that the release of such information would divulge information, r>rocesses or methods of oroduction entitled to orotection as trade secrets or secret orocesses of the user. Wastewater constituents and characteristics will not be recognized as confidential information. The portions of a reDort or other information accel~ted by the City as confiden- tial shall not be made available for inspection by the public but shall be made available, upon written request, to governmental agencies for uses related to this Chapter, the NPDES permit, State Disposal System r>ermit and/or the Pretreatment Programs. Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten- day notification is given to the user. ?~q-32. Violations and enforcement. (a) Notification of violation. Whenever the City finds that any user has violated or is violating any part of this Char>ter, the City may serve notice ur>on such user calling for immediate compliance as follows'. For any discharge which reasonably ar>l)ears to present an imminent or substantial endangerment to the public health, safety or welfare, to the local envoronment, or to any portion of the treatment works, the Director of Transit and Utilities may serve telephone notice to such user to immediately halt such discharge. For any violation, except as described in subparaprar>h (I) of this Section, the Director of Transit and Utilities may serve upon such user a written notice stating the nature of the viola- tion, giving support data, and calling for immediate compli- ance. Suspension of wastewater treatment service and/or permit. The City may suspend the wastewater treatment service and/or wastewater discharge l)ermit when deemed necessary by the Director of Transit and Utilities to halt any discharge which presents an imminent or substantial endangerment to public health, safety or welfare, to the local invironment, or to any portion of the treatment works, or when a user fails to respond to a Section ~-32.1. compli- ance order. Any user notified of a suspension of his wastewater treatment ser- vices and/or r>ermit shall immediately cease discharge of all indus- trial wastewater into the treatment works. In the event of a failure of a discharger to comply voluntarily with the susr>ension order, the City shall take such steos as deemed necessary to ensure comr>liance, includin~ cessation of water sur>r>lied to the l)remises and severance of r>lumbin~ connection. The City may reinstate the wastewater treatment service and/or discharge r>ermit ur>on such terms and conditions as may be required if the user ~rovides proof the noncom- plying discharge ahs been eliminated. A detailed written statement describing the causes of the harmful contribution and the measures 1985-25 -15- taken to prevent any future occurence shall be submitted by the user to the City within fifteen (1.5) days of the occurence. (c) Revocation of permit. Any user who violates the following conditions of this Chapter or applicable State or Federal regulations shall be subject to having his permit revoked through written notice served by registered mail. Failure of the user to factually report the wastewater consti- tuents and characteristics of his discharge. Failure of the user to report significant changes in operations or wastewater constituents and characteristics. lc) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. (d) Violation of any permit condition or wastewater discharge regulation. (2) Before any further discharge of industrial wastewater may be made by a discharger whose permit has been revoked, the discharger must apply for and be granted a reinstatement of the terminated permit or a new permit, either of which the Director of Transit and Utilities may require, and Day all delinquent fees, charges and costs occa- sioned by the violation. Costs shall include all expenses, including general and administrative expenses incurred by the City in revoking the permit and disconnecting the discharger from the water or the sewerage system, and those incurred due to the violation as provided above. These costs shall be paid by the discharger before any new permit will be issued. When all costs cannot be readily determined, the City may require and accept a deposit which it considers suffi- cient and which will be subject to appropriate adjustment after all costs have been determined. rd) Falsifying information. Any person who knowingly makes any false statement, representation or certi- fication in any application, record, plan or other document filed or required to be maintained pursuant to this Chapter or Wastewater Discharge Permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Chapter shall be subject to the penalties of Section 2~.3~. Legal action. If any person discharges industrial wastes or other wastes into the City treat- ment works contrary to the provisions of this Chapter, Federal or State Pre- treatment Requirements, the Commonwealth Attorney, or where appropriate the City Attorney, may commence immediately an action for appropriate relief in the City Circuit Court. (f) Public notice of violations. The City shall annually publish in the newspaper with the largest circulation within Fair(ax City the names of industries that had significant violation(s) of any Pretreatment Requirements or Standard during the previous twelve (12) months. A significant violation means any violation which remains uncorrected forty-five (~5) days after notification of noncompliance, which is part of a pattern of non-compliance over a twelve-month period, which involves a failure to accurately report noncompliance or which results in the City excercizing its emergency authority under Section 2~-32.1(a)(1). The notice shall also sum- marize any enforcement actions taken against the user(s) during the same twelve (12) months. 1985-25 -16- (g~ Appeals. Any user, 'permit al~l~licant or permit holder affected by any decision, action or determination made hy the Director of Transit and Utilities, interpreting or imDlementin~ the provisions of this Chapter or in any permit issued herein, may file with the Director of Transit and Utilities a written request for reconside- ration within ten (lO) days of such decision, action or determination, settin~ forth in detail the users request for reconsideration. If the ruling made by the Director of Transit and Utilities is unsatisfactory to the person requesting reconsideration, he may, within ten (I0) days after noti- fication of the City action, file a written appeal to the City Council of the City of Fairfax. The written appeal will be heard by the Council within thirty (30) days from the date of filing. The City Council will make a final ruling on the apveal within fifteen (15) days of the close of the meeting. The Director of Transit and Utilities decision, action or determination shall remain in effect durin~ such period of reconsideration. Penalties. Any person who violates any provision of this Chapter shall, uoon conviction, be ~unishable by imorisonment not to exceed thirty (30) days or by a fine not to exceed One Thousand Dollars ($1,000.00), or both. Each day of violation of this article shall constitute a separate offense. The City may recover reasonable attorneys' fees, court costs, court reoorters' fees and other expenses of litigation by appropriate suit at law by the person found to have violated this Chapter or the orders, rules, regulations and ~ermits issued hereunder. 2g-33. Severabilitv. If any provision, paraRraph, word, section or article of this Chaoter is invali- dated by any court of competent jurisdiction, the remaining provisions, para- graphs, words, section and articles shall not be affected and shall continue in full force and effect." This ordinance shall become effective immediately Mayor. INTRODUCED: August 27, 1985 upon execution bv the PUBLIC HEARING: Ausust 27~ 1985 ADOPTED: September 3, 19,85 ATTEST: