Chapter 58
UTILITIES*
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Charter references: City authorized to operate electrical utilities as provided in Code of Virginia, §§ 15.2-2109 and 56-265.4:1, § 3.
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Article I. In General
Secs. 58-1– 58-18. Reserved.
Article II. City Electric System
Sec. 58-19. Control and supervision of city manager over electric department and city electric system.
Sec. 58-20. Application for service.
Sec. 58-21. Deposit to secure payment of charges.
Sec. 58-22. Information as to service and apparatus; unapproved apparatus or equipment.
Sec. 58-23. When electricity to be introduced into premises.
Sec. 58-24. Right to refuse to furnish electricity; when service may be cut off.
Sec. 58-25. Electricity to be supplied through meters; when furnished at flat rate.
Sec. 58-26. Where meters to be placed; interference with meters, etc.
Sec. 58-27. Responsibility for defects in wires or appliances; charge to be made for all electricity passing through meters; rebate or credit.
Sec. 58-28. Defective meters.
Sec. 58-29. Testing or replacement of meters; complaint against bill no excuse for nonpayment.
Sec. 58-30. Cost of repairs and replacements.
Sec. 58-31. Furnishing individual meters for parts of same installation; grouping meter readings.
Sec. 58-32. Entrance wires.
Sec. 58-33. Cost of electric line changes, underground and temporary service connections.
Sec. 58-34. Turning on or using electricity without authority.
Sec. 58-35. Cutting off current or removing wires during fire.
Sec. 58-36. Submetering or resale.
Sec. 58-37. Consumers not to supply electricity to others.
Sec. 58-38. Refusal of service to person in arrears for water, etc.
Sec. 58-39. Notice to discontinue service.
Sec. 58-40. Reasons for discontinuing service.
Sec. 58-41. Discontinuance of service because of defects.
Sec. 58-42. Use causing voltage fluctuations.
Sec. 58-43. Motors generally.
Sec. 58-44. Motors, etc., not to be added to installations without approval.
Sec. 58-45. When reverse phase relays required; responsibility for damage from reversal of current.
Sec. 58-46. Access to premises; damage to or loss of department's property.
Sec. 58-47. Interference with wires, poles or fixtures.
Sec. 58-48. Attaching articles to poles, wires or fixtures.
Sec. 58-49. Service not covered by rate schedule.
Sec. 58-50. Department to designate rate classification.
Sec. 58-51. Deduction of distribution losses; allowances for power factor corrections.
Sec. 58-52. When bills for electrical service to be paid; discontinuance of service upon failure to pay.
Sec. 58-53. Failure to receive bill.
Sec. 58-54. Service charge upon temporary discontinuance of service.
Sec. 58-55. Temporary service and charge therefor.
Secs. 58-56– 58-81. Reserved.
Article III. Water Service
Sec. 58-82. Supervision of, and control over, the water department; what included in water department.
Sec. 58-83. Definitions.
Sec. 58-84. Application for use of city water.
Sec. 58-85. Use of water as agreement to abide by article, etc.
Sec. 58-86. Notice when service cannot be furnished without extension of mains.
Sec. 58-87. Connection of property to water system shall comply with city plans and design specifications.
Sec. 58-88. Charges for water connections– Generally.
Sec. 58-89. Same– Where main trunk lines do not exist.
Sec. 58-90. One service pipe and meter for separate premises.
Sec. 58-91. Title to mains, meters and service pipes.
Sec. 58-92. Duty of person applying for and receiving water service to make connections, etc.
Sec. 58-93. Use of city curbcock to cut off water from premises.
Sec. 58-94. Unauthorized opening of meter box or molesting of meter valve, etc.
Sec. 58-95. Authorized employees to operate fire hydrants.
Sec. 58-96. Right of city to cut off water under certain conditions.
Sec. 58-97. Willful waste of water.
Sec. 58-98. Right of entry of authorized city officers and employees upon private property; supply requested information; discontinuance of service.
Sec. 58-99. Service charge upon temporary discontinuance of service.
Sec. 58-100. Wells; provisions applicable to areas not served by city water system, etc.
Secs. 58-101– 58-128. Reserved.
Article IV. Customers Beyond City Limits
Sec. 58-129. Service generally.
Sec. 58-130. Maintenance assessments against consumers on particular line.
Sec. 58-131. Possession and control of water lines between connection with main and meter outlet; maintenance of pipe lines.
Secs. 58-132– 58-160. Reserved.
Article V. Cash Deposits, Billings, Service Charges, Etc.
Sec. 58-161. Deposit or security for payment.
Sec. 58-162. When bills for metered and unmetered water payable.
Sec. 58-163. Service charge and discontinuance of service upon failure to pay.
Sec. 58-164. Failure to receive bill.
Sec. 58-165. Test of meter upon complaint of consumer.
Sec. 58-166. Charge when meter is out of order, etc.
Sec. 58-167. Rebates, etc.
Sec. 58-168. Use of city water by delinquent consumer when there is more than one consumer on a pipe having one cutoff.
Sec. 58-169. Responsibility of particular person for charges on particular meter.
Secs. 58-170– 58-191. Reserved.
Article VI. Fluoridation
Sec. 58-192. Introduction of sodium fluoride or other salt or acid of fluorine.
Sec. 58-193. Records.
Sec. 58-194. Determination of fluoride ion concentration.
Sec. 58-195. Supervision by state department of health.
Secs. 58-196– 58-213. Reserved.
Article VII. Cross-Connection Control and Backflow Prevention
Sec. 58-214. Adoption of the state waterworks regulations.
Sec. 58-215. Purpose, responsibility, etc.
Sec. 58-216. Right to cause inspections.
Sec. 58-217. Types of protection required.
Sec. 58-218. Backflow prevention devices.
Sec. 58-219. Premises having booster pumps.
Sec. 58-220. Construction plans review and approval required.
Sec. 58-221. Violation a misdemeanor.
Secs. 58-222– 58-250. Reserved.
Article VIII. Sewers and Sewage Disposal
Sec. 58-251. Definitions.
Sec. 58-252. Supervision of, and control over, the sewer department; what included in sewer department.
Sec. 58-253. Connection of property to sewer system shall comply with city plans and design specifications.
Sec. 58-254. Building sewer design.
Sec. 58-255. Building sewer elevation.
Sec. 58-256. Conformance to applicable codes.
Sec. 58-257. Connection inspection.
Sec. 58-258. Excavation guards and property restoration.
Sec. 58-259. Charges for sewer connections; generally.
Sec. 58-260. Where collector, interceptor or main sewer lines do not exist.
Sec. 58-261. Maintenance assessments against consumers on particular line.
Sec. 58-262. Damaging, etc., municipal sewage works.
Sec. 58-263. Discharge of storm water, etc., roof runoff, cooling water, etc., to sanitary sewer prohibited.
Sec. 58-264. Prohibitive discharges enumerated.
Sec. 58-265. Industrial pretreatment and equalization.
Sec. 58-266. Grease, oil and sand traps; generally.
Sec. 58-267. Maintenance and construction.
Sec. 58-268. Review and approval by city of admission of certain waters or wastes into public sewers; preliminary treatment facilities generally.
Sec. 58-269. Maintenance of preliminary treatment facilities.
Sec. 58-270. Control manholes in building sewer carrying industrial waste.
Sec. 58-271. Measurements, tests, etc., of waters and wastes.
Sec. 58-272. Special agreement between city and industrial concern.
Sec. 58-273. Protection of capacity for existing users.
Sec. 58-274. Water conservation.
Sec. 58-275. Enforcement.
Sec. 58-276. Severability.
Sec. 58-277. Right of entry of city officials.
Sec. 58-278. Strong sewages and wastewaters; industrial wastes; generally.
Sec. 58-279. Users having strong wastes or wastewaters connected to the sewer system.
Sec. 58-280. Industrial waste surcharge agreement.
Sec. 58-281. User charges, strong waste surcharges, and pretreatment program fees.
Sec. 58-282. Billing.
Sec. 58-283. Users having strong sewages or wastewaters not connected to sewer system.
Sec. 58-284. Program for sampling and analysis of wastewater.
Sec. 58-285. Industrial sewer application.
Sec. 58-286. Discharge permits for significant industrial users.
Secs. 58-287– 58-305. Reserved.
Article IX. Disposal of Human Excrement
Sec. 58-306. Bypass.
Sec. 58-307. Upset.
Sec. 58-308. Disposition of sludge, etc., removed from septic tank being cleaned.
ARTICLE I.
IN GENERAL
Secs. 58-1– 58-18. Reserved.
ARTICLE II. Sec. 58-19. Control and supervision of city manager over electric department and city electric system.
The city electric system shall be under the supervision of the city manager, who shall exercise immediate control of the electric department, which shall be taken to include the entire city electric system, including the street lighting system, and all lands, buildings, fixtures, wires, meters, poles, apparatus and equipment belonging thereto.
(Code 1984, § 7-1)
Sec. 58-20. Application for service.
All applications for the supply of electricity must be made at the department of finance on service contract or application forms furnished by the city. The application, when accepted by the city, will constitute a contract between the city and the patron.
(Code 1984, § 7-2)
Sec. 58-21. Deposit to secure payment of charges.
The city may require a cash deposit from any person applying for the furnishing of electric service and shall require a cash deposit in those instances wherein the title of record to the premises to be served is not in the name of the applicant. The purpose of such deposits is to secure timely payment of electrical rates and other charges imposed by this chapter. A uniform schedule of deposits shall be prepared by the city manager and approved by the city council, and a true copy of such approved schedule shall be maintained on file in the office of the city manager and the department of finance. All deposits made pursuant to this section shall be paid to the city treasurer.
(Code 1984, § 7-3)
Sec. 58-22. Information as to service and apparatus; unapproved apparatus or equipment.
The electric department shall furnish complete information as to the kind of service available and the type and characteristics of the electric apparatus or equipment to be used, upon inquiry by a person desiring electric service. The electric department will not supply service for electric apparatus or equipment of types and characteristics not approved in writing by such department.
(Code 1984, § 7-4)
Sec. 58-23. When electricity to be introduced into premises.
The electric department shall provide electric power to any premises whenever it shall be satisfied that the electrical apparatus and wiring of the premises are installed according to the National Electrical Code and approved by the electrical inspector in writing, and provided that the applicant for service has complied with all the requirements, rules and regulations of the department.
(Code 1984, § 7-5)
Sec. 58-24. Right to refuse to furnish electricity; when service may be cut off.
The city may in its discretion refuse to provide electric service until all arrears due from such premises for water, sewer or electric services shall have been paid. The city shall have the right to cut off the electric service if deemed necessary in order to protect the work against abuse or fraud, or in its judgment to protect life and property, and the city shall not be liable for damages to any person for such cutting off of electricity.
(Code 1984, § 7-6)
Sec. 58-25. Electricity to be supplied through meters; when furnished at flat rate.
No electric current shall be supplied by the city, except such as passes through an electric meter, which meter only is to be furnished and set in place by the city at its own expense; provided, that under conditions where electricity is to be furnished for 30 days or less, the electric department may furnish electricity on a flat rate basis and at such rate as it deems justifiable.
(Code 1984, § 7-7)
Sec. 58-26. Where meters to be placed; interference with meters, etc.
The meter shall be placed in such part of a building as the electric department may direct, and shall at all times be under the exclusive management and control of such department. It shall be unlawful for any unauthorized person to at any time remove or undertake to repair or in any way interfere with any electric meter or other property of the electric department.
(Code 1984, § 7-8)
Sec. 58-27. Responsibility for defects in wires or appliances; charge to be made for all electricity passing through meters; rebate or credit.
The city assumes no responsibility for any defect which may arise in the wiring or appliances of the consumer, or for the successful operation of the appliances connected to the wiring on his premises, and all electricity passing through meters will be charged for, whether used or wasted through negligence or faulty construction on the part of the consumer, even though the house or premises may not be occupied. Subject to the approval of the city, however, a rebate may be made for part of the payment, or credit allowed to the consumer, for excessive consumption of electricity due to grounded wires, where it is evident that there was no negligence on the part of the consumer; and provided, that the defects are corrected promptly.
(Code 1984, § 7-9)
Sec. 58-28. Defective meters.
Electricity will be supplied through meters, but should a meter be found defective, it will be immediately changed or repaired and in the event of its ceasing to register, the kilowatt hours consumed will be estimated by the average of a correct meter, or by the amount charged during a previous corresponding or like period at the discretion of the director of finance.
(Code 1984, § 7-10)
Sec. 58-29. Testing or replacement of meters; complaint against bill no excuse for nonpayment.
The city shall not be required to remove meters, test meters or substitute new meters, at the demand of electric customers, unless in the opinion of such department such meters are believed to be inaccurate. Complaint against the electric bill shall not be taken as a proper excuse for nonpayment thereof when due, or exempt complainant from the penalties prescribed for failing to pay his bill at proper time.
(Code 1984, § 7-11)
Sec. 58-30. Cost of repairs and replacements.
All repairs and replacements of meters, made necessary by the carelessness or interference of patrons, shall be made by the city at the expense of the patron so offending, and the cost thereof shall be collected as electric bills are collected; except, that there shall be no discount from such bill of costs.
(Code 1984, § 7-12)
Sec. 58-31. Furnishing individual meters for parts of same installation; grouping meter readings.
The city will not furnish individual meters or service wires for parts thereof or adjacent installations unless, in the opinion of the electric utility director, it is necessary in order to render satisfactory service. Meter readings will not be grouped unless such agreement is covered by contract.
(Code 1984, § 7-13)
Sec. 58-32. Entrance wires.
The entrance wires shall be brought to a point on the building or premises designated by the electric department.
(Code 1984, § 7-14)
Sec. 58-33. Cost of electric line changes, underground and temporary service connections.
(a) Electric line changes, done for the convenience of a patron, when and while allowed, and subject to the approval of the electric department, shall be installed, maintained, changed, relocated or repaired, if necessary, at the patron's expense. The department will perform all work necessary for the installation, maintenance, changes, relocation and repairs, billing patrons for the same at cost plus 20 percent, and the amount shall be paid by the patron upon presentation of bill.
(b) All underground service connections, when and while allowed by the electric department, shall be installed, maintained and removed, if necessary, at the patron's expense. The department will perform all work necessary for the installation, maintenance or removal, billing patrons for the same at cost plus 20 percent, and the amount shall be paid by the patron upon presentation of bill. Service may be discontinued for default in payment of bill. A current underground service charge and agreement shall be on file in the electric department.
(Code 1984, § 7-15)
Sec. 58-34. Turning on or using electricity without authority.
It shall be unlawful for any person not acting under the authority of the electric department to turn on electricity in any premises whatsoever, or for any person to take, receive or use such electricity without authority from the electric department.
(Code 1984, § 7-16)
Sec. 58-35. Cutting off current or removing wires during fire.
During a fire in the city, either the chief of the fire department or the chief of police shall have the right and power to direct the electric department to remove or cause the removal of all wires and the cutting off of all electricity which, in his judgment, interferes with the working of the fire department or endangers property or life. The city shall not be liable for damage to any person for such removal of wires and cutting off of electricity.
(Code 1984, § 7-17)
Sec. 58-36. Submetering or resale.
(a) The city shall not furnish electricity to any person for submetering, resale or use by a tenant. The electric utility director may make exceptions to this rule when electricity is used for offices, roominghouses, auditoriums or temporary service. When a tenant is supplied through an individual meter, payment at the designated rate may be accepted by the city from the owner. This section does not apply to customers classed as public utility companies purchasing electricity for resale to the general public as distinguished from tenants.
(b) In the event that any person furnishes a tenant electric service, which the person obtains from the city, by submetering, resale to or use by a tenant, the electric utility director is authorized to discontinue the service of either the tenant so served or of the person submetering or reselling the electricity.
(Code 1984, § 7-18)
Sec. 58-37. Consumers not to supply electricity to others.
A consumer of electricity may use it for any and all purposes on his own premises as contracted for, but shall not supply electricity to any other person or premises without the consent of the electric utility director.
(Code 1984, § 7-19)
Sec. 58-38. Refusal of service to person in arrears for water, etc.
Should a person who is indebted to the city make application for the use of electricity, the city may decline to turn on electricity to such applicant.
(Code 1984, § 7-20)
Sec. 58-39. Notice to discontinue service.
All customers using electricity shall notify the director of finance whenever they desire service to be discontinued or they will remain liable for any electricity that may be consumed until such notice is given.
(Code 1984, § 7-21)
Sec. 58-40. Reasons for discontinuing service.
The electric department may discontinue its service without notice for any of the following reasons: For repairs; for want of supply; for nonpayment of bills due the electric department or the department of water and sewer when due; for any fraudulent representation in relation to the consumption of current; for violation of contract or any rules or regulations applying at any time to the consumer's service; in the event the consumer's service is detrimental to the service in general, or his immediate locality; on account of riots, strikes, insurrections, government, state or municipal authorities, or acts of God or any other cause whatsoever, and the city shall not be liable for damage to any person for such discontinuance of service.
(Code 1984, § 7-22)
Sec. 58-41. Discontinuance of service because of defects.
Whenever any electrical installation or construction or part thereof is found not to conform in every particular to the requirements of the National Electrical Code and the rules, regulations and ordinances applicable thereto, the electric department shall request the consumer to correct such defect at once without cost to the city, and unless such defect is remedied within a reasonable time, not to exceed 30 days, the electric department shall cause the service to be discontinued until such defects are remedied, and the city shall not be liable for damage to any person for such discontinuance. If service is renewed, a charge of $5.00 will be made for making connection. In case the electric department considers the defect to be dangerous to life or property, service will be discontinued at once until the defect is corrected to the department's satisfaction, and the city shall not be liable for damage to any person for such discontinuance.
(Code 1984, § 7-23)
Sec. 58-42. Use causing voltage fluctuations.
No person shall use electricity so as to cause voltage fluctuations or disturbances in the distribution system or plant of the electric department.
(Code 1984, § 7-24)
Sec. 58-43. Motors generally.
(a) The electric utility director should be consulted with reference to available service before motor appliances are ordered. In general, but not in all locations, the following classes of service for motors are available:
(1) Motors under 1 H.P. 115 volts single phase.
(2) Motors under 7 1/2 H.P. 230 volts single phase.
(3) Motors 10 H.P. and over.
(b) Motors shall be of a type requiring a minimum starting current. All motors over 25 H.P. shall be equipped with starting compensation of an approved type.
(Code 1984, § 7-25)
Sec. 58-44. Motors, etc., not to be added to installations without approval.
Motors or other current-consuming devices shall not be added to existing power or heating installations or installations carrying the power or heating rate until they have been approved by the electric department. Damage done to equipment belonging to the department through a violation of this section will be charged to the patron.
(Code 1984, § 7-26)
Sec. 58-45. When reverse phase relays required; responsibility for damage from reversal of current.
Patrons of the electric department shall install at their own expense approved reverse phase relays or circuit breakers on all motors for elevators and hoists to protect the motor in case of reversal of phase or loss of phase. Connections will not be made until installations are approved by the electric department. The city will not be responsible for any damage whatsoever caused by reversal of current, unless caused by negligence on the part of the electric department.
(Code 1984, § 7-27)
Sec. 58-46. Access to premises; damage to or loss of department's property.
(a) The authorized agents of the electric department shall have the right of free access into any premises furnished by the city with electricity, for the purpose of examining the whole or any part of the electrical equipment, or for the removal of the meter and service wires and fixtures.
(b) The patrons will be responsible for all damage to or loss of the property of the electric department upon the patron's premises, unless the same is occasioned by the act of such department or its employees.
(Code 1984, § 7-28)
Sec. 58-47. Interference with wires, poles or fixtures.
It shall be unlawful for any person to cut, break or in any way interfere with the arrangement or operation of the city's electric light wires, meters, lamps, poles, apparatus and fixtures without written authority therefor from the electric department.
(Code 1984, § 7-29)
Sec. 58-48. Attaching articles to poles, wires or fixtures.
It shall be unlawful for any person to place or attach to any poles, fixtures or wires belonging to the electric department any sign, wire, rope or other thing, without first obtaining permission in writing from the city manager.
(Code 1984, § 7-30)
Sec. 58-49. Service not covered by rate schedule.
Where a patron desires electric service not covered by the rate schedule, the rate will be made by the electric department, subject to the approval of the city council.
(Code 1984, § 7-31)
Sec. 58-50. Department to designate rate classification.
The electric department will in all cases designate the rate classification.
(Code 1984, § 7-32)
Sec. 58-51. Deduction of distribution losses; allowances for power factor corrections.
The electric utility director may, at his discretion, deduct electric distribution losses from a patron's consumption where these losses are ordinarily assumed or included in system losses by the electric department, and the character and amount of losses will in all cases be determined by him. Where synchronous equipment is used, allowances may be made to customers for power factor correction.
(Code 1984, § 7-33)
Sec. 58-52. When bills for electrical service to be paid; discontinuance of service upon failure to pay.
(a) All bills for electrical service shall be paid within 20 days of the billing date. If such bills are not so paid, the electric connection of the premises involved shall be cut off per the current disconnection policy.
(b) A service charge, which is on file in the city clerk's office, shall be added to the bill and electric current shall not be turned on again until the amount of the bill and the service charge is paid.
(Code 1984, § 7-34)
Sec. 58-53. Failure to receive bill.
Failure to receive a bill for electric service will not entitle the consumer to pay the bill after the due date without payment of the service charge provided herein.
Sec. 58-54. Service charge upon temporary discontinuance of service.
When a customer desires to have his electrical service discontinued for a short period of time, there shall be a service charge, which is on file in the city clerk's office. Such service charge shall be payable at the time service is restored.
(Code 1984, § 7-35)
Sec. 58-55. Temporary service and charge therefor.
Any person desiring temporary electric service shall make application therefor at the office of the director of finance, which application shall state the dates the service is desired, the location and approximate demand required. There shall be a service charge which is on file in the city clerk's, for such temporary service, which service charge shall be in addition to the regular cost of electricity. This shall apply to temporary service where construction is not required. Where construction is required for temporary service a charge will be made at cost plus 20 percent.
(Code 1984, § 7-36)
Secs. 58-56– 58-81. Reserved.
ARTICLE III. ------------
Charter references: Adoption of Code of Virginia, §§ 15.2-2143, 15.2-2144, relating to municipal water supply systems, § 3.
State law references: Authority of city to maintain, operate and extend city water system, etc., Code of Virginia, § 15.2-2109; municipal water supply systems generally, Code of Virginia, §§ 15.2-2146– 15.2-2148; public water supplies, Code of Virginia, § 32.1-167 et seq.; State Water Control Law, Code of Virginia, § 62.1-44.2 et seq.
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Sec. 58-82. Supervision of, and control over, the water department; what included in water department.
(a) The city water department shall be under the supervision of the city manager, who shall exercise immediate control thereover.
(b) The city water department shall be taken to include the entire water supply system consisting of all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection with the supply or distribution of water, and any integral part thereof, including water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves and equipment, appurtenances, and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the council for the operation thereof.
(Code 1984, § 24-1)
Sec. 58-83. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Auxiliary water system means any water system on or available to the premises other than city water; auxiliary waters may include water from another system or water from other sources such as wells, lakes, streams or processed fluids or used waters.
Backflow means flow of contaminants, pollutants, processed fluids, used water, untreated waters, chemicals, gases, unpotable waters or water other than water treated and supplied by the city's system, into any part of the city's water system.
Backflow prevention device means any approved device, method or type of construction intended to prevent backflow.
Contaminant means any physical, chemical, biological or radiological substance or matter in the water.
Cross-connection means any connection or structural arrangement direct or indirect to the city's system whereby backflow can occur.
Pollution means the presence of any foreign substances; chemical, physical or radiological or biological that tends to degrade the water system's quality so as to constitute an unnecessary risk or impair the use of the water.
Premises means within the contemplation of the provisions of this chapter shall be taken to mean a property which cannot be through sale completely divided in its present utilitarian condition, including but not limited to the following:
(1) A building under one roof owned by one party and occupied as one business or residence.
(2) A combination of buildings owned by one party in one common enclosure and occupied by one family or business.
(3) The one side of a double house having a solid vertical partition wall.
(4) A building owned by one party of more than one apartment and using in common one hall and one entrance.
(5) A building owned by one party having a number of apartments or offices and using in common one hall and one or more means of entrance.
(Code 1984, § 24-2)
Sec. 58-84. Application for use of city water.
The application for the use of city water shall be made at the department of finance and shall state the uses to which the water is to be put and location of premises in question.
(Code 1984, § 24-3)
Sec. 58-85. Use of water as agreement to abide by article, etc.
The use of city water by any consumer within or without the corporate limits of the city shall constitute an agreement to abide by the provisions of this chapter and the rules and regulations of the departments of water and sewers.
(Code 1984, § 24-4)
Sec. 58-86. Notice when service cannot be furnished without extension of mains.
Upon the filing of an application, as provided in section 58-84, in those instances in which it is impossible to furnish water service without an extension of the mains, the applicant shall be notified and the terms, if any, under which service will be rendered shall be stated.
(Code 1984, § 24-5)
Sec. 58-87. Connection of property to water system shall comply with city plans and design specifications.
Any connection of property with the public water system shall be made in accordance with the plans and design specifications of the city, which are on file in the office of the city manager, and in accordance with the provisions of this article.
(Code 1984, § 24-6)
Sec. 58-88. Charges for water connections– Generally.
For each water connection made to the public water system there shall be a facility fee and a connection fee based on a rate schedule which is on file in the offices of the city clerk and the city manager. Where water connections are made to the public water system and are constructed (in accordance with city specifications) at no cost to the city, only the facility fee will be charged. After five years from the acceptance of such water line by the city, the facility fee and the connection fee will be assessed. The total applicable charges shall be paid in full upon application for service and shall include tapping the existing water line, extending a lateral across the public rights-of-way or easements to the nearest point on the property line of the applicant, excluding approved subdivisions which are provided for in the subdivision ordinance, and connecting the private line of the applicant.
(Code 1984, § 24-7)
Sec. 58-89. Same– Where main trunk lines do not exist.
(a) Charges for water connections where main trunk lines do not exist shall be the same as the charges provided in section 58-88, except that, as provided below, the required extension of existing lines or the installation of a new system of lines, excluding approved subdivisions which are provided for in the subdivision ordinance, shall first have been submitted to city council for approval, which approval shall be dependent upon level of development, assurance of use by property owners and availability of funds.
(b) In those cases where the extension of an existing line required to provide service does not exceed 300 feet, the extension shall be subject only to approval by the city manager.
(Code 1984, § 24-8)
Sec. 58-90. One service pipe and meter for separate premises.
Not more than one water service pipe and one water meter shall be provided by the city for each separate premises; provided, that, at the discretion of the city manager, the same water service pipe may be used for more than one premises. When a single water service pipe serves more than one premises, the requirements as to water meters shall be in the discretion of the city manager.
(Code 1984, § 24-9)
Sec. 58-91. Title to mains, meters and service pipes.
Title to all water mains, water meters and water service pipes up to the property line and paid for in whole or in part by the consumer shall be vested in and remain the property of the city.
(Code 1984, § 24-10)
Sec. 58-92. Duty of person applying for and receiving water service to make connections, etc.
It shall be the duty of each person applying for and receiving city water service to make the connection, including such regulating pressure reducing valves as may be required at such point of connection, for the premises at the property line and to conduct the water from that point to the house or building at his own risk and expense and maintain the service pipes from such point.
(Code 1984, § 24-11)
Sec. 58-93. Use of city curbcock to cut off water from premises.
No city curbcock shall be used to cut off water from any premises by any consumer or his plumber unless a permit has first been secured therefor. Whenever, for any reason water is cut off from any premises by means of the city's curbcock, water shall not again be turned on such premises until a property cutoff or cock is installed.
(Code 1984, § 24-13)
Sec. 58-94. Unauthorized opening of meter box or molesting of meter valve, etc.
It shall be unlawful for any unauthorized person to open or enter any meter box or molest any meter valve, cock, pipe or other property of the city waterworks.
(Code 1984, § 24-14)
Sec. 58-95. Authorized employees to operate fire hydrants.
No person other than duly authorized employees of the city or members of the fire department shall operate any fire hydrant in the city.
(Code 1984, § 24-15)
Sec. 58-96. Right of city to cut off water under certain conditions.
As necessity may arise in case of breakdown, emergency or total or partial failure of the city's source of supply or for other emergencies or necessary repairs or connections, the city may temporarily cut off the water supply. In such cases, the city shall not be held liable for damage or inconvenience suffered.
(Code 1984, § 24-16)
Sec. 58-97. Willful waste of water.
It shall be unlawful for any person willfully to waste water as follows:
(1) By allowing any hydrant, cock or other fixture to run unnecessarily for the purpose of cooling water or to prevent the same from freezing or for any purpose.
(2) By failing to keep service lines, plumbing and fixtures in good repair.
(3) By irrigating gardens and lawns or allowing water to run at any other place by pipes laid on the ground or from hydrants or cocks without the use of a hose.
(Code 1984, § 24-17)
Sec. 58-98. Right of entry of authorized city officers and employees upon private property; supply requested information; discontinuance of service.
(a) Authorized officers and employees of the city shall have access to the property of water consumers for the purpose of inspecting the plumbing and fixtures of the consumers, or inspecting the system for cross-connections, or inspecting and testing backflow prevention devices, or reading meters or repairing, testing or removing meters or other fixtures of the city located on consumer's property. The owner or occupants of such property shall furnish to the city representatives any requested information regarding the piping system. Failure to grant right of entry or to supply requested information shall entitle the city to immediately and without notice discontinue municipal water services to the affected premises. The city shall not restore such service until an inspection has been made and/or the requested information has been furnished.
(b) Every person occupying a lot or tenement to which water is conveyed from the city's system shall permit authorized city officials and employees to enter such lot or tenement at reasonable hours and upon display of proper identification, to inspect the work therein, or to see if the provisions of this Code or other ordinances of the city pertaining to the water or sewer system are being or have been violated.
(Code 1984, § 24-18)
Charter references: Provisions adopting Code of Virginia, § 15.1-855, authorizing city right of entry when taken pursuant to this article, § 3.
Sec. 58-99. Service charge upon temporary discontinuance of service.
When a customer desires to have his water service discontinued for a short period of time, there shall be a service charge which is on file in the city clerk's office. Such service charge shall be payable at the time service is restored.
(Code 1984, § 24-20)
Sec. 58-100. Wells; provisions applicable to areas not served by city water system, etc.
(a) In areas in the city not presently served by the city water system, wells may be installed and maintained in accordance with the standards of the state health department. If the areas should later be served by the city water system, the owners may continue using such wells already installed, but new ones to be used for drinking purposes or replacements of wells being used for drinking purposes will not be allowed. Any owner desiring water facilities for drinking purposes for the first time or replacement of a well used for drinking purposes must connect into the city water system in accordance with the provisions of this Code and other ordinances of the city for water connections.
(b) The provisions of this section shall also apply to any areas annexed to the city.
(Code 1984, § 24-21)
Charter references: Adoption of Code of Virginia, § 15.1-854, relating to authority of city to regulate private water supplies, § 3.
Secs. 58-101– 58-128. Reserved.
ARTICLE IV. Sec. 58-129. Service generally.
Water, if and when supplied to water consumers outside the corporate limits of the city, shall be supplied under the regular rules and regulations of the city waterworks and under the provisions of this article which are made applicable to all water consumers located outside the corporate limits of the city.
(Code 1984, § 24-22)
Sec. 58-130. Maintenance assessments against consumers on particular line.
The city reserves the right, should the revenue from the water consumers on any water line outside the corporate limits of the city be insufficient to pay the cost of water furnished together with the maintenance of the line, to assess against such consumers, pro rata, the amount of such maintenance.
(Code 1984, § 24-23)
Sec. 58-131. Possession and control of water lines between connection with main and meter outlet; maintenance of pipe lines.
When any water line outside the corporate limits of the city shall have been completed and when the city shall have turned its water into such water line, the whole of such water line from the point of connection at the existing main up to the meter outlet shall be and remain the property of the city, under its exclusive possession and control without cost and the city will maintain the main pipe line. The property owner or consumer shall maintain the line from point of connection with main into his own property.
(Code 1984, § 24-24)
Secs. 58-132– 58-160. Reserved.
ARTICLE V. ------------
Charter references: Adopting Code of Virginia, § 15.1-2143, authorizing service charges for water furnished by city to customers, § 3.
------------
Sec. 58-161. Deposit or security for payment.
The city shall require a cash deposit from any person receiving water from the city water system not owning real estate and may, whenever it deems it expedient, in the case of other customers, require security for the payment for water likely to be consumed or the deposit of a sum in advance to secure the city against loss.
(Code 1984, § 24-26)
Sec. 58-162. When bills for metered and unmetered water payable.
Bills for metered and unmetered water shall be payable within 20 days of the billing date.
(Code 1984, § 24-27)
Sec. 58-163. Service charge and discontinuance of service upon failure to pay.
If the bill for water service is not paid as provided in section 58-162, a service charge which is on file in the city clerk's office will be added and service will be discontinued.
(Code 1984, § 24-28)
Sec. 58-164. Failure to receive bill.
Failure to receive a bill for water service will not entitle the consumer to pay the bill after the due date without payment of the service charge provided in section 58-163.
(Code 1984, § 24-29)
Sec. 58-165. Test of meter upon complaint of consumer.
Upon complaint from any consumer of the city water that his water meter is not registering correctly, the consumer shall make a request to the department of finance for a meter test. If upon such test the meter is found to be more than three percent in error, the consumer's bill shall be adjusted for the last period and no charge made for the test. If upon the test the meter is found to be accurate within three percent, no adjustment will be made and the consumer shall pay for the cost of the test, which is on file in the city clerk's office.
(Code 1984, § 24-30)
Sec. 58-166. Charge when meter is out of order, etc.
If a water meter gets out of order or for any cause fails to register, the consumer shall be charged for the month an amount equal to the average amount paid for the preceding 12 months or shorter period if not in use for 12 months.
(Code 1984, § 24-31)
Sec. 58-167. Rebates, etc.
No rebate or adjustment will be made on account of waste of water on the consumer's premises. All water passing through the meter shall be paid for in full unless an error on the part of the city shall have been established as caused by, over or under meter registration, misreading or misbilling, in which event a corrected bill will be rendered or rebate made.
(Code 1984, § 24-32)
Sec. 58-168. Use of city water by delinquent consumer when there is more than one consumer on a pipe having one cutoff.
If there is more than one water consumer on a pipe having one cutoff and if one or more of the consumers pays the amount due by them, the water shall not be cut off but the delinquent consumers shall be guilty of unlawful use of the city water beyond the time for which they have paid. The fact that such delinquent consumers have no other water supply shall be prima facie evidence of use of city water.
(Code 1984, § 24-33)
Sec. 58-169. Responsibility of particular person for charges on particular meter.
The city shall, in all cases, hold not more than one person responsible for the total charges on each water meter, and will not bill part of the charges on one meter to two or more consumers.
(Code 1984, § 24-34)
Secs. 58-170– 58-191. Reserved.
ARTICLE VI. Sec. 58-192. Introduction of sodium fluoride or other salt or acid of fluorine.
The city shall provide the means and proceed with the introduction of sodium fluoride or other suitable salt or acid of fluorine into the water supply of the city in such quantities as are required to maintain throughout the pipe distribution system a fluoride ion concentration of approximately one part per million.
(Code 1984, § 24-35)
Sec. 58-193. Records.
(a) The city shall keep an accurate daily record showing, for each supply of sodium fluoride or other suitable salt or acid of fluorine introduced into the water supply, the number of gallons treated and the fluoride ion concentration of the water before and after treatment.
(b) The city shall furnish to the state department of health copies of records specified in subsection (a) of this section, at daily, weekly and monthly intervals as may be required by the state department of health.
(Code 1984, § 24-36)
Sec. 58-194. Determination of fluoride ion concentration.
The city shall determine the fluoride ion concentration in the water distribution system at such points and at such intervals as may be directed by the state department of health.
(Code 1984, § 24-37)
Sec. 58-195. Supervision by state department of health.
The state health department shall have general supervision over treatment of the public water supply with fluoride.
(Code 1984, § 24-38)
Secs. 58-196– 58-213. Reserved.
ARTICLE VII. Sec. 58-214. Adoption of the state waterworks regulations.
The city hereby adopts by reference section 6, cross-connection and backflow prevention and waterworks, Commonwealth of Virginia Waterworks Regulations.
(Code 1984, § 24-39)
Sec. 58-215. Purpose, responsibility, etc.
(a) Purpose of devices. The city shall protect the public water system from possible contamination or pollution by requiring the installation of backflow prevention devices, as required in accordance with section 6 of the Commonwealth of Virginia Waterworks Regulations and the Virginia Uniform Statewide Plumbing Code.
(b) Responsibility to install, maintain. It shall be the responsibility of persons receiving city water to install, maintain, and test backflow prevention devices in accordance with this article.
(c) Denial or discontinuance of service. The city may deny or discontinue the water service to a consumer if the required backflow prevention device is not installed, or if it is found that the device had been removed or bypassed. Water service to such premises shall not be restored until the deficiencies have been corrected or eliminated in accordance with Commonwealth of Virginia Waterworks Regulations and to the satisfaction of the city.
(Code 1984, § 24-40)
Sec. 58-216. Right to cause inspections.
It shall be the duty of the city to cause inspections to be made of properties served by the waterworks where cross-connection is deemed possible. The frequency of inspections or reinspections based on potential health hazards involved shall be established by the city and approved by the state department of health.
(Code 1984, § 24-41)
Sec. 58-217. Types of protection required.
Reference is made to section 6.04 of the Commonwealth of Virginia Waterworks Regulations for the types of protection required. The city may require a higher degree of protection than section 6.00 of the Commonwealth of Virginia Waterworks Regulations.
(Code 1984, § 24-42)
Sec. 58-218. Backflow prevention devices.
(a) No person shall install or maintain water service connection to any premises where cross-connections may exist unless such cross-connections are abated or controlled to the satisfaction of the city.
(b) Any backflow prevention device shall be of the approved type and shall have been tested by a recognized testing laboratory or evaluation agency and be of satisfactory materials and approved by the city.
(c) Any backflow prevention devices shall be installed at a location and in a manner approved by the city.
(d) An approved backflow prevention device shall be installed on each service line to a consumer's water system serving, but not necessarily limited to, the following types of facilities:
(1) Hospitals, mortuaries, clinics, nursing homes, laboratories;
(2) Piers, docks, waterfront facilities;
(3) Sewage treatment plants, sewage pumping stations, or stormwater pumping stations;
(4) Food and beverage processing plants, chemical plants, dyeing plants, rubber processing plants, metal plating industries, petroleum processing or storage plants, slaughter and poultry plants;
(5) Plants producing or containing radioactive materials;
(6) Car washes, lawn sprinkler systems, irrigation systems;
(7) Farms where the water is used for other than household purposes.
(e) In addition to specific facilities listed in subsection (d) of this section, approved backflow prevention devices shall be installed on each service line to a consumer's water system where the following exist:
(1) Premises having an auxiliary water system;
(2) Premises on which any substance is handled in such a manner as to create an actual or potential hazard to the public water system;
(3) Premises having internal cross-connections that may not be easily correctable, or intricate plumbing arrangements which may make it impractical to determine whether or not cross-connections exist;
(4) Premises having a repeated history of cross-connections;
(5) Premises having fire protection systems utilizing combinations of sprinklers, fire loops, storage tanks, pumps, antifreeze protection, or auxiliary water (fire loops and sprinkler systems with openings not subject to flooding, and containing no antifreeze or other chemicals, no storage, or auxiliary sources, will not normally require backflow prevention);
(6) Other premises specified by the city and/or state health department when cause can be shown that a potential cross-connection hazard not enumerated above exists.
(Code 1984, § 24-43)
Sec. 58-219. Premises having booster pumps.
Premises having booster pumps connected to the city water system shall be equipped with a low pressure cut-off device to shut off the booster pumps when the pressure in the city water system drops to a minimum of ten pounds per square inch gauge.
(Code 1984, § 24-44)
Sec. 58-220. Construction plans review and approval required.
All new construction plans and specifications shall be submitted to the department of public works for examination to determine the degree of possible cross-connections or backflow hazards.
(1) Construction plans shall be reviewed to determine where backflow prevention devices shall be required for the protection of the water system.
(2) Applicants for new water connections and for enlargement of existing connections shall be reviewed to determine where backflow prevention devices are required for protection of the water system.
(3) Certified plans for fire service connections and extensive irrigation systems served by the city shall be submitted prior to construction. Only after approval by the director of public works can construction proceed.
(Code 1984, § 24-45)
Sec. 58-221. Violation a misdemeanor.
Any person or customer found guilty of violating any of the provisions of this article or any written order of the city in pursuance thereof shall be deemed guilty of a Class 3 misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 for each violation. Each day upon which a violation of the provisions of this article shall occur shall be deemed separate and additional violation for the purpose of this article.
(Code 1984, § 24-46)
Secs. 58-222– 58-250. Reserved.
ARTICLE VIII. Sec. 58-251. Definitions.
The words and phrases used in this article shall be, unless otherwise indicated, defined as follows, for both domestic and industrial wastes:
Act or "the act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Administrative officer means any officer referred to in this chapter by title or other official designated by the city manager or his duly authorized deputy, agent or representative.
Approval authority means Virginia Department of Environmental Quality.
BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade (20°C), expressed in milligrams per liter. The laboratory determination shall be made in accordance with the procedures set forth in 40 CFR 136.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys to the building sewer beginning three feet outside the inner face of the building wall.
Building sewer means the extension from the building drain to the sewer or other place for disposal.
Capital costs means costs of major rehabilitation, betterment, expansion, or upgrading required as facilities reach the end of their useful life.
Capital outlays means expenditures which result in the acquisition of or addition to fixed assets.
Categorical standards means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405– 471.
City means the City of Bedford, Virginia.
City council means the duly elected governing body of the City of Bedford, Virginia.
COD (chemical oxygen demand) means the measure, expressed in milligrams per liter, of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater expressing the amount of oxygen consumed from a chemical oxidant in a specified approved test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
Collection system means the system of public sewers to be operated by the city or public sewers connected to the city system collecting wastewater.
Collector sewer main means a sewer main designed and constructed to receive sewage from the building connections or laterals and other collector sewers and carry it to an interceptor sewer or the point of disposal. A collector sewer normally serves only a portion of one drainage area or basin.
Combined sewer means a sewer receiving both surface runoff and sewage.
Commercial user means all retail stores, restaurants, office buildings, laundries, and other private business and service establishments.
Composite sample means a combination or resultant sample composed of individual samples of water or wastewater taken at selected intervals, generally hourly, for a specified period of time. The individual samples may be equal volume or proportional to flow at the time of sampling prior to composting.
Control authority means the publicly owned treatment works (POTW) or a duly authorized agent or representative.
Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharge in the public sewer.
Control point means a point of access to a source of discharge before the discharge mixes with other discharges in the public sewer.
Domestic sewage means waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from stormwater, surface water and industrial wastes.
Environmental Protection Agency, or EPA means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.
Garbage means solid wastes and residue from the preparation, cooking and dispensing of food, and from handling, storage and sale of food products and produce.
Governmental means and includes legislative, judicial, administrative and regulatory activities of federal, state, and local governments.
Grab sample means an individual sample of wastewater collected over a period not exceeding 15 minutes.
Grantee means a municipality that has executed a federal grant agreement.
High strength wastewater means wastewater or sewage discharged into the public sewer in which one or more of the following concentrations are exceeded:
(1) BOD: 240 mg/l.
(2) Suspended solids: 240 mg/l.
Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
Improvements means buildings, other structures, and other attachments or annexations to land which are intended to remain so attached or annexed, such as sidewalks, trees, drives, tunnels, drains, and sewers. Sidewalks, curbing, sewers, and highways are sometimes referred to as "betterments", but the term "improvements" is preferred.
Incompatible waste means a waste which is not amendable to adequate treatment by the wastewater treatment plant.
Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the act (33 USC 1317), into the POTW (including holding tank waste discharged into the system).
Industrial user means any user that is a source of an indirect discharge.
Industrial wastes means all waterborne solids, liquids or gaseous wastes resulting from any industrial manufacturing, commercial or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
Infiltration means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
Inflow means water other than wastewater that enters a sewer system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catchbasins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
Institutional means and includes social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions, and similar institutional users.
Interceptor sewer main means a sewer main designed and constructed to intercept or receive sewage from all collector sewers and laterals within one or more drainage areas and carry it to a larger interceptor sewer or the point of disposal.
Interference means a discharge which, alone or in conjunction with a discharge from other sources, both inhibits processes or operations, or its sludge processes, use, or disposal; and therefore is a cause of a violation of any requirement of the publicly owned treatment works national pollutant discharge elimination system permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal. Requirements include, but are not limited to, those necessary to comply with the following statutory provisions and regulations over permits issued thereunder (or more stringent state or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and including 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.
Local limits means local industrial effluent limitations established by the control authority to meet the general standards and specific prohibitions of the federal and state pretreatment regulations, and to meet the requirements of the city Code, Chapter 19, Sewers and Sewage Disposal.
National pollution discharge elimination system or NPDES permit means a permit issued pursuant to section 402 of the act (33 USC 1342).
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
New source means 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 Clean Water Act which 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;
(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 where 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.
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 subsection (2) or (3) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection 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 building 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 constructual obligation under this subsection.
Noncontact cooling water. means the water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
Normal user means any user discharging waste of a strength less than or equal to that of normal wastewater at a flow rate of less than 20,000 gallons per day.
Normal wastewater means wastewater or sewage discharged into the public sewer in which all of the following average concentrations and flows are not exceeded:
(1) BOD: Less than or equal to 240 mg/l.
(2) Suspended solids: Less than or equal to 240 mg/l.
(3) Flow: Less than 25,000 gallons per day.
(4) No toxic or harmful substances are present.
Operation and maintenance means those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
Overload means the imposition of organic or hydraulic loading on the wastewater treatment plant in excess of its engineered design capacity.
Parts per million means a weight to weight ratio; the parts per million value multiplied by the factor (8.345) shall be equivalent to pounds per million gallons of water.
Pass through means a discharge through the publicly owned treatment works into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirements of the publicly owned treatment works' national pollutant discharge elimination system permit (including an increase in the magnitude or duration of a violation).
Permittee means the person holding a permit to discharge.
Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter.
Pollutant means any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
Pretreatment means application of physical, chemical and biological processes to reduce the amount of pollutants, or alter the nature of the pollutant properties, in a wastewater prior to discharging such wastewater into the wastewater collection system.
Pretreatment program (or program) means an administrative and regulatory program established and implemented by the city that meets the requirements and criteria of the applicable federal and state pretreatment regulations and which has been approved by the approval authority.
Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards means all applicable federal rules and regulations (including specifically those regulations found in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471) implementing section 307, the Federal Water Pollution Control Act and the Clean Water Act of 1977, including all amendments, as well as nonconflicting state and local standards. In case of conflict of regulations, the most stringent thereof shall be applied.
Properly shredded garbage means the wastes from the preparation, cooking, and dispensing food that have been shredded to such a degree that all particles will be carried under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.
Publicly owned treatment works means the city's public sanitary sewerage system including the collection system.
Rate base means the value of utility property used in computing an authorized rate of return as authorized by law or a regulatory commission.
Replacement means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" (O&M) includes replacement.
Replacement costs means the costs as of certain date of a property which can render similar service (but which need not be of the same structural form) as the property to be replaced. Replacement is an incremental element of operating costs and is variable depending upon levels of expenditures for maintenance. The statutory definition of the term means expenditures for obtaining and installing equipment, accessories or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which they were designed and constructed. It is not a capital cost and does not increase the book value of an asset.
Residential means and includes all dwelling units such as detached, semidetached, rowhouses, mobile homes and multifamily dwellings.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
Sewage means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewage works means all facilities for collecting, pumping, treating and disposing of sewage.
Sewer means a pipe or connection for carrying sewage.
Sewer service charge means the charge made on all users of the public sewerage system whose wastes do not exceed in strength the concentration values established as representative of normal sewage.
Sewerage means the system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes.
Shall means mandatory; "may" is permissive.
Significant industrial user means:
(1) All categorical industrial users; and
(2) Noncategorical industrial users that:
a. Discharge 25,000 gallons or more of process wastewater per day;
b. Discharge process wastewater which makes up five percent or more of the dry weather average hydraulic or organic capacity of the treatment works; or
c. Has in the control authority's opinion, either alone or in combination with other significant industrial users, a reasonable potential to adversely affect the treatment works (causing pass through, interference, sludge contamination or danger to the publicly owned treatment works).
Significant noncompliance means an industrial user is in noncompliance if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interferences or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 30 after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
Slug means any discharge of a nonroutine, episodic nature including but not limited to an accidental spill or a noncustomary batch discharge.
Standard Industrial Classification (SIC) means a classification pursuant to the most recent edition of the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
State means the Commonwealth of Virginia.
Storm sewer or storm drain means a sewer which carries stormwater and surface water and drainage but excludes sewage and polluted industrial wastes.
Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.
Stormwater runoff means that portion of the rainfall that is drained into the storm sewers.
Surcharge means the charge in addition to the published water and sewer rates. The basis for surcharges on industrial wastes is a capital and operating cost for, including but not limited to, suspended solids, and BOD exceeding "normal wastewater".
Suspended solids means the total suspended solids which, following the methods defined in 40 CFR 136, will not pass through a standard glass fiber filter.
To discharge means and includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environment Protection Agency under the provisions of CWA section 307(a) or other acts.
Unpolluted water or waste means any water or waste containing none of the following: free or emulsified grease or oil; acid or alkali; phenols or other substances imparting taste or odor in the receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than ten parts per million each of suspended solids and BOD. The color shall not exceed 150 Jackson Turbidity Units.
Useful life means the estimated period during which a treatment works will be operated.
User means any person who discharges, causes or permits the discharge of wastewater into the public sewer.
User charge means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated which is contributed into or permitted to enter the POTW.
Water meter means a water volume measuring and recording device, furnished and/or installed by a user and approved by the city.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Code 1984, § 19-1)
Sec. 58-252. Supervision of, and control over, the sewer department; what included in sewer department.
(a) The city sewer department shall be under the supervision of the city manager, who shall exercise immediate control thereover.
(b) The city sewer department shall be taken to include the entire sewage disposal system consistent of all sewers, pipelines, conduits, pumping stations, force-mains, treatment plants and works, and all other plants or structures necessary or suitable for the collection and disposal of sewage and waterborne wastes, and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the city council for the operation thereof.
(Code 1984, § 19-2)
Sec. 58-253. Connection of property to sewer system shall comply with city plans and design specifications.
Any connection of property with the public sewer system shall be made in accordance with the plans and design specifications of the city, which are on file in the office of the city manager, and in accordance with the provisions of this article.
(Code 1984, § 19-3)
Sec. 58-254. Building sewer design.
The size, slope, alignment, construction materials, trench excavation and backfill methods, pipe placement and, jointing and testing methods used in the construction and installation of a building sewer shall conform to the building and plumbing codes or other applicable requirements of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials shall apply.
(Code 1984, § 19-3.1)
Sec. 58-255. Building sewer elevation.
Whenever practicable, the building sewer shall be brought to a building at an elevation below the basement floor. In buildings in which any building drain is too low to permit gravity flow to the city's treatment works, wastewater carried by such building drain shall be lifted by an approved means and discharged to a building sewer draining to the city sewer.
(Code 1984, § 19-3.2)
Sec. 58-256. Conformance to applicable codes.
The connection of a building sewer into a treatment works shall conform to the requirements of the building and plumbing code or other applicable requirements of the city or the procedures set forth in appropriate specifications of the Commonwealth of Virginia Sewerage Regulations, Uniform Building Code of Virginia, and American Society of Testing Materials. The connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved in writing by the city manager or his authorized representative before installation.
(Code 1984, § 19-3.3)
Sec. 58-257. Connection inspection.
The applicant for a building sewer or other drainage connection permit shall notify the city manager when such sewer or drainage connection is ready for inspection prior to its connection to the city's treatment works. Such connection inspections and testing as deemed necessary by the city manager shall be made by the city manager or his authorized representative.
(Code 1984, § 19-3.4)
Sec. 58-258. Excavation guards and property restoration.
Excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Code 1984, § 19-3.5)
Sec. 58-259. Charges for sewer connections; generally.
For each sewer connection made to the public sewer system there shall be an availability fee which is on file in the city clerk's office and a connection fee based on a rate schedule which is not contained in this Code, but will be found on file in the offices of the city clerk and the city manager. Where sewer connections are made to the public sewer system and are constructed (in accordance with city specifications) at no cost to the city, only the availability fee will be charged. After five years from the acceptance of such sewer line by the city, the availability fee and the connection fee will be assessed. The total applicable charges shall be paid in full upon application for service and shall include tapping the existing sewer line, extending a lateral across the public rights-of-way or easements to the nearest point on the property line of the applicant where a suitable grade for gravity flow of the lateral can be maintained, excluding approved subdivisions which are provided for in the subdivision ordinance, and connecting the private line of the applicant.
(Code 1984, § 19-4)
Sec. 58-260. Where collector, interceptor or main sewer lines do not exist.
(a) Charges for sewer connections where collector, interceptor or main sewer lines do not exist shall be the same as the charges provided in section 58-259; except that the required extension of existing lines or installation of a new system of lines, excluding approved subdivisions which are provided for in the subdivision ordinance, shall first have been submitted to the city council for approval, which approval shall be dependent upon the level of development, the assurance of use by property owners and the feasibility and availability of funds.
(b) In those cases where the extension of an existing line required to provide service does not exceed 300 feet, the extension shall be subject only to approval by the city manager.
(Code 1984, § 19-5)
Sec. 58-261. Maintenance assessments against consumers on particular line.
The city reserves the right, should the revenue from the sewer consumers on any sewer line outside the corporate limits of the city be insufficient to pay the cost of sewer furnished together with the maintenance of the line, to assess against such consumers, pro rata, the amount of such maintenance.
(Code 1984, § 19-6)
Sec. 58-262. Damaging, etc., municipal sewage works.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.
(Code 1984, § 19-7)
Sec. 58-263. Discharge of stormwater, etc., roof runoff, cooling water, etc., to sanitary sewer prohibited.
(a) No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard fountain, fishponds or lawn sprays into any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural outlet approved by the control authority. Any person discharging stormwater into a storm sewer or natural outlet shall first obtain the written permission of the control authority who shall designate the point of discharge whether it be a storm sewer or a natural outlet.
(b) In cases where it is determined by the control authority that the character of the sewage from any manufacturer or industrial plant building or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the control authority shall have the right to require such user to dispose of such waste otherwise and prevent it from entering the system.
(Code 1984, § 19-8)
Sec. 58-264. Prohibitive discharges enumerated.
It shall be unlawful for any person or user to discharge, cause to be discharged or permit to be discharged into the wastewater treatment system any of the following waters, wastes or effluents:
(1) Any waste which, by itself or by interaction with other waste, may:
a. Injure or interfere with wastewater treatment processes or facilities.
b. Constitute a hazard to humans or animals.
c. Create a hazard in receiving waters of the wastewater treatment plant effluent.
d. Violate any pretreatment standards promulgated by EPA and contained in 40 CFR Chapter I, Subchapter N, Parts 404– 471, which are incorporated herein by reference.
e. Cause interference, as defined in this article and in 40 CFR 403.3(i) and in section 1.1 of the State Water Control regulations VR 680-14-01 as amended.
f. Create a fire or explosion hazard in the POTW, including but not limited to, any waste with a closed-cup flashpoint of less than 140 degrees Fahrenheit using the test methods specified in 40 CFR 261.21.
g. Produce toxic gasses, vapors, or fumes in the POTW in a quantity that may cause acute worker health and safety problems.
h. Possess a pH less than 5.5.
(2) Any water or wastewater discharge which contains:
a. Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater treatment system or to the operation of the system. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
b. Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit.
c. Heat in amounts which will inhibit biological activity in publicly owned treatment works resulting in interference, but in any case heat in such quantities that wastewater temperatures at the entrance to the treatment plant exceed 40 degrees Celsius or 104 degrees Fahrenheit, unless approval authority approves alternate temperature limits.
d. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tars, plastics, wood, whole blood, paunch manure, hair, hides or fleshings, entrails, paper products (other than those used for personal hygiene), slops, chemical residue, paint residue, bones, animal guts, or tissue, spent lime, stone or marble dust, grass clippings, spent grain, spent hops, asphalt residues, residues from refining or processing of fuel or lubricating oils, bulk solids or any other solid or viscous substance present in sufficient quantities which will obstruct the flow in sewers, interfere with the wastewater treatment processes or cause overloading of the wastewater treatment system.
e. Any waters or wastes having a pH lower than 5.5 or higher than ten (unless specifically approved by the control authority, but never below 5.5) at any time, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel at the wastewater treatment plant.
f. Strong acid or concentrated plating solutions, whether neutralized or not.
g. Any pollutant which will cause interference or pass through, including any toxic substances in amounts exceeding standards promulgated by the United States Environmental Protection Agency pursuant to section 307(a) of Public Law 92-500, and chemical elements or compounds, phenols or other taste or odor-producing substances or other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the wastewater treatment system, or that will pass through the system.
h. Any trucked or hauled pollutants, except at discharge points designated by the city.
i. Antimony.
j. Beryllium.
k. Bismuth.
l. Cobalt.
m. Molybdenum.
n. Uranium ion.
o. Rhenium.
p. Strontium.
q. Tellurium.
r. Radium.
s. Herbicides.
t. Fungicides.
u. Pesticides.
(3) Any garbage, unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in the sewer system. Particles greater than one-half inch in any dimension are prohibited. The city reserves the right to review and approve the installation and operation of any garbage grinder equipped with a motor of three-quarter horsepower or greater.
(4) Any radioactive wastes or isotopes without the permission of the city. The city reserves the right to establish, in compliance with applicable state and federal regulations, regulations for the discharge of radioactive waste into its wastewater treatment system.
(5) Any stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater unless specifically authorized by the city.
(6) Any waters or wastes discharges which contain substances that may:
a. Deposit grease or oil in the sewer lines in such a manner as to clog the sewers.
b. Overload skimming and grease-handling equipment.
c. Pass to the receiving waters without being effectively treated by the normal wastewater treatment process due to the nonamenability of the substance to bacterial action.
d. Deleteriously affect the wastewater treatment process due to excessive quantities.
(7) Any waters or wastes exceeding the local limits defined in section 58-251 of this article.
(8) Containing any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; and in no case pollutants with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60° Celsius) or pollutants which cause an exceedance of ten percent of the lower explosive limit (LEL) at any point within the publicly owned treatment works.
(9) Containing noxious or malodorous gases or substances capable of creating a public nuisance; including pollutants which result in the presence of toxic gases, vapors, or fumes.
(10) Any incompatible waste which:
a. Is not amendable to treatment or reduction by the wastewater treatment processes and facilities employed; or
b. Is amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharges to the receiving water.
c. Is the cause of or contributes to violations, including increasing the duration or magnitude of violations, of the publicly owned treatment works national pollution discharge elimination system permit.
(11) Any slug discharges of water or wastewater.
(12) Any holding tank wastes, unless a permit is issued by the city.
(13) Any other substance which the environmental protection agency may, in the future, prohibit by law from being discharged into wastewater treatment systems.
(14) The discharge of any pollutant (including oxygen demanding pollutants BOD, COD, etc.) released at a flow or concentration which either single or by interaction with other pollutants will cause interference with the POTW.
(15) The discharge of a petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
(16) Waters or wastes containing excessive discoloration, as determined by spectrophotometric method 204B, Standard Methods, or the latest approved method for industrial wastewater determinations. This parameter related to dye wastes and vegetable tanning solutions but is in no way limited to these discharges.
(17) The city reserves the right and power to amend the above standards at any time to comply with federal or state law or to protect the public health, safety and welfare.
(Code 1984, § 19-9)
Sec. 58-265. Industrial pretreatment and equalization.
(a) General powers of approving authority relative to prohibited discharges.
(1) If wastewater discharged or proposed to be discharged into the public sewer has a deleterious effect on wastewater treatment facilities, processes, equipment or receiving waters; creates a hazard to life or health; creates a public nuisance; or is in violation of section 58-264, the control authority shall take the necessary action to:
a. Prohibit the discharge of such wastewater;
b. Require the user to demonstrate that inplant modifications will reduce or eliminate the discharge of such substances in conformity with this article;
c. Require pretreatment, including but not limited to, storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances, so that the discharge will not violate this article;
d. Require the user making, causing, or allowing the discharge to pay any additional expenses incurred by the control authority for handling and treating overloads imposed on the wastewater treatment plant; or
e. Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this article.
(2) The control authority shall have the right to determine when a discharge or proposed discharge is covered by this section.
(3) The control authority shall reject wastewater or terminate wastewater treatment service, when he determines that a discharge or proposed discharge is included under this section and does not meet the requirements of this article.
(4) The control authority shall have the right to establish and revise as necessary, technically based local industrial effluent limitations (local limits) to protect the treatment works, environment, and workers' health and safety and to issue permits to industrial users.
(b) Accidental discharge of prohibited wastes.
(1) Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the control authority for review, and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this article.
(2) If, for any reason, an industrial user does not comply with or will be unable to comply with any prohibition or limitation in this article, the industrial user responsible for such discharge shall immediately notify the control authority, so that corrective action may be taken to protect the wastewater treatment system, environment, and worker health and safety. A written report detailing the violation is required to be submitted to the control authority within five days.
(3) Any violation of or failure to abide by the requirements of this section or the failure to pay resulting shall constitute a Class 1 misdemeanor, and shall be punishable by a fine of at least $1,000.00, but not more than $2,500.00 per violation per day, or imprisonment for not more than 12 months, or both.
(c) Approval, maintenance, etc., of pretreatment and flow control facilities.
(1) Where pretreatment or equalization of wastewater flow prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data facilities shall first be submitted to the control authority for review and approval. Such approval shall not exempt the discharge or flow control facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of the approving authority.
(2) If pretreatment or flow-control is required, the approving authority may, at his discretion, require, review and approve the design and installation of equipment and processes. The design and installation of equipment and processes shall conform to all applicable statutes, city codes, ordinances and other laws. Any person responsible for discharges requiring pretreatment, flow-equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense. The control authority shall be allowed access to these facilities at all times. The industrial user shall have 120 days to submit plans and specifications to the control authority after it receives notification from the control authority that pretreatment will be required. After approval of plans and specifications by the control authority, the industrial user shall have 180 days to have the proposed pretreatment system in operation, unless an additional period of time is requested by the industrial user before the 180-day deadline and approved by the control authority. However, the total time allowed to install the permanent system and comply with the pretreatment permit shall not exceed 270 days.
(3) Any failure to comply with this section in its entirety will result in the control authority's rejection of the wastewater for treatment at the wastewater treatment plant by terminating service or other means deemed appropriate by the control authority.
(d) Prohibition of dilution as treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever 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 compliance with a pretreatment standard or requirement. The control authority, as defined in 40 CFR 403.12(a), may impose mass applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.
(e) Observation, sampling and measuring facilities. When required by the control authority, a significant industrial user shall install a suitable control manhole, sampling chamber and flow measurement device to facilitate observation, sampling and measurement of wastes. Such facilities shall meet the requirements of applicable city ordinances and codes. Plans and specifications for such facilities shall be submitted to the control authority for approval 60 days after receiving notification from the approving authority of the requirement. The facilities shall be constructed and in operation within 120 days after the approval of the plans and specifications. Failure to comply with the time schedules detailed in this section will result in the approving authority's rejection of the wastewater for treatment at the wastewater treatment plant by terminating service or other means deemed appropriate by the control authority.
(f) Authority of city agents to enter user's premises, etc.
(1) The discharges of each significant user shall be sampled at least annually by the city for purposes of determining user charge costs, industrial cost recovery charges, and compliance with this article. In addition, analysis may be required by the control authority if any problem or apparent problem develops with an industrial user's discharge.
(2) Grab samples shall be used for pH, temperature, cyanide, residual chlorine, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling technique where feasible. The control authority as defined in 40 CFR 403.12(a) may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional composite sampling techniques is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through methods acceptable under the approved procedures section. The user shall take a minimum of one representative sample to comply with the requirements of this subsection.
(3) All sampling and analysis shall be performed as prescribed in 40 CFR 136, unless applicable pretreatment standards specify otherwise. If 40 CFR 136 does not contain procedures for a particular pollutant, approved EPA sampling and analysis methods shall be used. The cost of sample collection and analysis shall be borne by the user sampled.
(4) Authorized representatives of the city or publicly owned treatment works, or authorized state or federal officials bearing proper credentials and identification shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under this article, to assure compliance with pretreatment standards and this article. Such authority shall be at least as extensive as the authority provided under the Clean Water Act (33 USC 1318).
(5) Authorized representatives of the city or publicly owned treatment works, bearing proper credentials and identification, shall be permitted to enter all private property through which the city holds an easement for the purposes of inspection, observation, measurement, sampling, reporting and applicable effluent test data copying, and maintenance of any of the city's treatment works lying within the easement. All entry and any subsequent work on the easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(6) While performing any necessary work on private properties referred to above, the authorized representatives shall observe all safety and occupational rules established by the owner or occupant of the property and applicable to the premises.
(7) Within 30 days of approval the approval authority of the list of significant industrial users, under 40 CFR 403.8(f)(6), the publicly owned treatment works shall notify each significant industrial user of its status as such and of all the requirements applicable to it as a result of such status.
(8) Significant noncategorical industrial users shall submit to the control authority, at a frequency specified by the control authority in the discharge permit, a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. These reports shall be based on the sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question or where the control authority determines that these sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using other applicable sampling and analytical methods or procedures, including procedures suggested by the control authority or other persons, approved by the EPA. Categorical industrial users shall also submit periodic monitoring reports in accordance with the above requirements and in accordance with all federal, state and local discharge regulations.
(9) The industrial user shall notify the publicly owned treatment works, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities in writing of any discharge into the publicly owned treatment works of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste set forth in 40 CFR 261, the hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the publicly owned treatment works, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the waste, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place within 180 days after the discharge of the listed or characteristic hazardous wastes. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).
(g) Termination of services. The control authority reserves the right to immediately terminate water and wastewater disposal services and disconnect a customer from the system when any of the following conditions or circumstances exist:
(1) Acids or chemicals damaging to sewer lines or treatment processes are released into the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater.
(2) A governmental agency informs the control authority that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a watercourse, and it is found that the user is delivering wastewater to the control authority's system that cannot be sufficiently treated or requires treatment that is not provided by the control authority as normal domestic treatment.
(3) The user discharges industrial waste or wastewater that is in violation of the permit issued by the control authority and this article.
(4) The user discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an upset of the wastewater treatment system.
(5) The user fails to pay his bill for water and sanitary sewer services when due.
(6) The user violates prohibited discharge standards.
If the user's service is disconnected pursuant to subsection (b) of this section, the control authority shall supply the user with the governmental agency's report and other pertinent information. Service to the user shall not thereafter be provided until pretreatment facilities, approved by the control authority, are in satisfactory operation and the objections specified have been eliminated.
(h) Public access to records. All information pertaining to an industrial user discharge, industrial user permit, or to any source of discharge of any pollutant, shall be available to the public and authorized state and federal officials, unless the information has been identified by the submitter, at the time of submittal, as confidential. Effluent data cannot be claimed as confidential. All claims for confidential records must be made in accordance with 40 CFR 403.14, Confidentiality, of the Federal General Pretreatment Regulations.
(Code 1984, § 19-9.1)
Sec. 58-266. Grease, oil and sand traps; generally.
Grease, oil, and sand traps shall be provided by any person or permittee for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the control authority, and shall be located as to be readily and easily accessible for cleaning and inspection.
(Code 1984, § 19-10)
Sec. 58-267. Maintenance and construction.
Grease and oil traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Grease, oil and sand traps shall be maintained by the permittee, at his expense, in continuously efficient operation at all times.
(Code 1984, § 19-10.1)
Sec. 58-268. Review and approval by city of admission of certain waters or wastes into public sewers; preliminary treatment facilities generally.
(a) The admission into the public sewers of any waters or wastes having:
(1) A five-day biochemical oxygen demand greater than 240 parts per million by weight;
(2) Containing more than 240 parts per million by weight of suspended solids;
(3) Having an average daily flow greater than two percent of the average daily sewage flow of the city; or
(4) A reasonable potential to adversely affect the POTW either alone or in combination with other users; shall be subject to the review and approval of the city in addition to the regulations contained in this chapter with respect to strong sewages and wastewaters. Where necessary in the opinion of the city, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
a. Reduce the biochemical oxygen demand to 240 parts per million and the suspended solids to 240 parts per million by weight;
b. Reduce objectionable characteristics or constituents to within the maximum limits provided for in this chapter; or
c. Control the quantities and rates of discharge of such waters and wastes.
(b) Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for approval of the city as well as other applicable state and federal agencies, and no construction of such facilities shall be commenced until such approval has been obtained in writing.
(Code 1984, § 19-11)
Sec. 58-269. Maintenance of preliminary treatment facilities.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(Code 1984, § 19-12)
Sec. 58-270. Control manholes in building sewer carrying industrial waste.
When required by the city, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(Code 1984, § 19-13)
Sec. 58-271. Measurements, tests, etc., of waters and wastes.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest revision of 40 CFR 136 and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
(Code 1984, § 19-14)
Sec. 58-272. Special agreement between city and industrial concern.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern. All agreements will be in the form of a significant industrial user permit issued by the control authority and will conform to all applicable federal or state laws and regulations and the provisions of this article.
(Code 1984, § 19-15)
Sec. 58-273. Protection of capacity for existing users.
The city manager shall not issue a permit for any connection to the city's treatment works or treatment facilities unless there is sufficient capacity, not legally committed to other users, in the treatment works and treatment facilities to convey and adequately treat the quantity of wastewater which the requested connection will add to the treatment works or treatment facility. The city manager may permit such a connection if there are legally binding commitments to provide the needed capacity.
(Code 1984, § 19-15.1)
Sec. 58-274. Water conservation.
The conservation of water shall be encouraged by the city manager. In establishing discharge limitations upon users, the city manager shall take into account already implemented or planned conservation steps revealed by the user. Upon request of the city manager, each user will provide the city with pertinent information showing that the quantities of substances or pollutants have not been and will not be increased as a result of the conservation steps. Upon such a showing to the satisfaction of the city manager, he shall make adjustments to discharge limitations, which have been based on concentrations to reflect the conservation steps. Any such adjustments by the city manager shall be in conformance with the federal and state pretreatment regulations.
(Code 1984, § 19-15.2)
Sec. 58-275. Enforcement.
(a) The city may enforce actual or threatened violations of or deviations from the standards of this article by suit for injunction or other appropriate legal action or suit.
(b) The city may seek and recover by legal action or suit from any industrial user monetary compensation for damages to its public sanitary sewerage treatment system caused by the industrial user's violation of or deviation from the standards of this article.
(c) A person who violates the provisions of this article shall be guilty of a Class 1 misdemeanor and upon conviction is punishable by a fine of at least $1,000.00, but not more than $2,500.00 per violation per day, or imprisonment for not more than 12 months, or both. In the event of a violation, the city shall also have the right to terminate the sewer and water connection.
(d) In addition to proceeding under authority of subsection (c) of this section, the city is entitled to pursue all other criminal and civil remedies including civil or administrative penalties to which it is entitled under authority of state statutes or other ordinances of the city against a person conducting a prohibited discharge or violating a pretreatment standard or requirement, including, without limitation, injunctive relief.
(e) Any person who knowingly makes any false statements, representations or certifications in any applications, recorded report, plan or other document files required to be maintained pursuant to this article, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punishable by a fine of at least $1,000.00, but not more than $2,500.00 per violation per day, or imprisonment for not more than 12 months, or both.
(f) In addition to any other penalties provided.
(1) Every user of the city's sewerage system shall be civilly liable in damages to the city for any injuries to the city's sewerage system, or any injuries to third persons for which the city is liable, caused by or resulting from a violation of any of the provisions of this chapter.
(2) Every user of the city's sewerage system shall be civilly liable in damages to the city for any injuries to the city's sewerage system, or any injuries to third persons for which the city is liable, caused by or resulting from such user discharging into the city's sewerage system sewage or waste of a nature or in quantities prohibited by the statutes of the state or prohibited by the state health department or any subdivision thereof, or prohibited by any other state agency.
(3) Every user of the city's sewerage system shall be liable as hereinabove provided in subsections (1) and (2) of this section if any such damage is caused by such user, any member or guest of his household, or by any of his agents, servants or employees.
(g) The city shall be authorized to implement such other program and enforcement mechanisms as are consistent with regulatory guidelines and are deemed appropriate.
(h) Effluent data provided to the EPA, the director of the DEQ, or the city shall be available to the public without restriction. Industrial users shall comply with all public access requirements of 40 CFR 403.14, incorporated by reference.
(i) The city shall implement appropriate enforcement responses as required.
(j) The city shall publish in the largest daily newspaper covering the municipality where the POTW is located, a list of users which were in significant noncompliance with applicable pretreatment standards, regulations and requirements in the previous 12 months. The list will be produced and circulated a minimum of once a year.
(Code 1984, § 19-16)
Sec. 58-276. Severability.
If any provision of this chapter or the application of any provision of this chapter to any person or circumstances, is held invalid, the application of such provision to other persons or circumstances, and the remainder of the chapter, shall not be affected thereby.
(Code 1984, § 19-16.1)
Sec. 58-277. Right of entry of city officials.
Authorized employees of the city bearing proper credentials and identification may enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
(Code 1984, § 19-17)
Sec. 58-278. Strong sewages and wastewaters; industrial wastes; generally.
(a) The city will provide sewer service to users having strong sewage or wastewaters or any user which discharges any toxic pollutants, provided that the sewages or wastewaters are amenable to treatment and are not of a nature otherwise prohibited herein, all in accordance with the provisions of this chapter. Wastes containing more than 240 mg/l of suspended solids or more than 240 mg/l of BOD, or other characteristics in concentrations not normally found in sanitary sewage, shall be considered strong sewages or wastewaters.
(b) As it is established that the city will provide sewer service to users as outlined in subsection (a) of this section, it is the intention of the city to also establish proportionate user charges that place the costs of treatment directly on such users. It is the purpose of these charges to maintain the financial self-sufficiency of the publicly owned treatment works by recovering the operation and maintenance expenses, including replacement, associated with the user's discharges.
(c) The proceeds of the user charges and strong waste surcharges will be used solely for the purpose of operating and maintaining the city's sewage works.
(d) It is also the purpose of this section to provide for the recovery of costs from users of the city's sewage works for the implementation of the pretreatment program established herein. The city may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the city's pretreatment program;
(2) Fees for monitoring, inspections, and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for consistent removal of pollutants otherwise subject to federal pretreatment standards;
(7) Other fees as the city may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by the pretreatment program and are separate from all other fees chargeable by the city.
(e) Any user which discharges any toxic pollutants (as defined in this chapter) which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be as determined by the appropriate financial personnel and approved by the approving authority.
(Code 1984, § 19-18)
Sec. 58-279. Users having strong wastes or wastewaters connected to the sewer system.
Owners of property served by more than one building sewer may, at their option, revise the building sewers to connect the sewer system through a single building sewer. One control manhole shall then be constructed, when required, on the single connection.
(Code 1984, § 19-18.1)
Sec. 58-280. Industrial waste surcharge agreement.
Users who discharge strong sewages or wastewaters, or any user which discharges any toxic pollutants shall be permitted by the control authority to enter into an industrial sewer connection agreement with the city providing for a surcharge over and above the normal sewer rate. The surcharge concentration range is included in the permit package. Surcharge shall never be in lieu of meeting federal, state or local pretreatment standards. The actual surcharge cost for operation and maintenance, including replacement, will be based upon the methodology presented on a schedule which is not contained in this Code, but will be found on file in the offices of the city clerk and the city manager. This surcharge is subject to change based on the actual cost to treat the wastewater. This surcharge will be reviewed annually in accordance with the procedures outlined in section 58-281.
(Code 1984, § 19-18.2)
Sec. 58-281. User charges, strong waste surcharges, and pretreatment program fees.
(a) It is the purpose of user charges, strong waste surcharges, and pretreatment program fees established in accordance with this article to generate revenues for the operation of the city's wastewater collection system and wastewater treatment facility. It is further the purpose of these charges to collect these revenues from the users in proportion to the benefits that each user receives.
(b) In determining the annual expenses to operate and maintain the city's wastewater collection system and wastewater treatment facility, the city shall include, but not be limited to employee salaries, insurance, and fringe benefits; maintenance supplies; power and fuel; wastewater treatment chemicals; contracted professional engineering, laboratory, and legal services; facility and equipment replacement costs; debt service including principal, interest, and reserve; and facility and equipment repairs. To determine the annual revenue requirement, the city shall also consider facility improvements covered by debt financing.
(c) To allocate revenues for the operation and maintenance of the city's wastewater collection system and wastewater treatment facility, the city shall follow the general principles outlined below.
(1) The operation and maintenance expenses are primarily related to the volume and strength of the wastewater. These costs should be recovered from the current users of the system. Where all wastewater is the same strength (i.e., domestic wastewater), the costs shall be directly related to volume. Where the wastewater varies in strength (i.e., strong wastes), the difference in strength shall be considered when allocating costs.
(2) Annual expenses for the collection system are primarily related to volume. Therefore, that portion of the user charge for the collection system shall be based on volume, or flow rate.
(3) Annual expenses for the treatment facility are related to volume and wastewater strength, with wastewater strength based on BOD5, suspended solids, and in some cases, nitrogen. User charges and strong waste surcharges will incorporate these factors.
(d) The user charges will be based upon the methodology presented in a schedule which is not contained in this Code, but will be found on file in the offices of the city clerk and the city manager. The user charge will be reviewed annually in accordance with the procedures outlined in this section.
(e) All user charges, surcharges, and pretreatment program fees will be reviewed annually in conjunction with the establishment and approval of the city budget by the city council. It shall be the duty of the city manager or his designated representative to notify the users of changes in the rate structure for such user charges, surcharges, and pretreatment program fees.
(f) The purpose of this annual review is to ensure that adequate revenues are generated to pay for the costs of operation and maintenance, including replacement costs, and that the rate structure continues to provide for the proportional distribution of recoverable costs among the users.
(Code 1984, § 19-18.3)
Sec. 58-282. Billing.
(a) The industrial waste surcharge and pretreatment program fees provided for in this article shall be included as separate items and paid monthly in accordance with other water and sewer fees and charges. Surcharges and pretreatment program fees shall be paid at the same time as the water and sewer charges of the person become due, and payment for water services shall not be accepted without payment also of the sewer service fees, industrial waste surcharges, and pretreatment program fees.
(b) Failure to pay monthly bills for water and/or sewer service, when due, or failure to pay the established sewer surcharge for industrial waste or pretreatment program fees when due, or repeated discharge of prohibited waste to the sanitary sewer, shall be sufficient cause to disconnect any and all services to the water and/or sanitary sewer mains of the city and the same penalties and charges now or hereafter provided for by the ordinances of the city, for failure to pay the bill for water and sewer service when due shall be applicable in like manner in cases of failure to pay the established surcharge for industrial waste discharged to the sanitary sewer mains or pretreatment program fees as established herein.
(c) Each user shall pay for the services provided by the city based on his use of the treatment works as determined by water meter readings (or other appropriate methods) acceptable to and approved by the city.
(d) For residential, industrial, institutional and commercial users, monthly user charges will be based on actual water usage. If a residential, commercial, institutional, or industrial user has a consumptive use of water, or, in some other manner, uses water which is not discharged into the wastewater collection system, the user charge for that contributor may be based on readings of wastewater meter installed and maintained at the user's expense.
(e) A late payment penalty of 1 1/2 percent of the user charge bill will be added to each delinquent bill for each 30 days or portion thereof of delinquency.
(f) When any bill (including interest and penalty) remains unpaid for one year after the date due, such bill shall be recorded in the land records of the city by the treasurer and shall constitute a lien on the property. If such a lien (including interest and penalty) remains unpaid for a period of one year after date of recordation, such property shall be subject to public sale by the treasurer.
(g) Any user who feels his user charge is unjust and inequitable may make written application to the city manager requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
(h) Review of the request shall be made by the city manager and if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data and the new charges shall be applicable to the next billing period.
(i) The current sewer rate structure which is not contained in this Code, will be found on file in the offices of the city clerk and the city manager. The rate structure includes both residential and commercial rates, and rates for both inside and outside the city limits. Minimum fees based on the size of the water meter are also presented in this rate structure. This rate structure is subject to annual review and amendment in accordance with the procedures outlined in section 58-281.
(Code 1984, § 19-18.4)
Sec. 58-283. Users having strong sewages or wastewaters not connected to sewer system.
The design, construction, and operation of any private sewage or wastewater disposal facilities, and the time schedule for the construction of such facilities, shall be subject to the approval of the appropriate state and federal agencies.
(Code 1984, § 19-18.5)
Sec. 58-284. Program for sampling and analysis of wastewater.
(a) All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out as required by this article to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
(b) Waste discharges of users having strong sewage or wastewaters shall be sampled by the city at least annually, or at some other frequency as the city may determine, for the length of time, as determined by the city, to be necessary to establish the characteristics of the wastewaters.
(c) The results of the analysis of the 24-hour composite samples shall be used to determine the concentrations of suspended solids or BOD for the computation of charges.
(Code 1984, § 19-19)
Sec. 58-285. Industrial sewer application.
Any persons desiring to deposit or discharge any industrial waste into the public sewers or natural outlets of the city or any other sewer connected therewith, or who is now so doing, shall make application to the approving authority for a permit therefor on application forms to be obtained from the city within 60 days from the effective date of this section.
(Code 1984, § 19-19.1)
Sec. 58-286. Discharge permits for significant industrial users.
(a) General requirements.
(1) All significant industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first obtain a discharge permit. All existing significant industrial users connected to or contributing to the POTW shall obtain a discharge permit within 180 days of the effective date of this article.
(2) Any failure to obtain a permit required by this section shall constitute significant noncompliance with this article.
(3) At a minimum, the discharge permit must contain the requirements below:
a. Statement of duration (in no case more than five years);
b. Statement of nontransferability without, at a minimum, prior notification to the publicly owned treatment works and provision of a copy of the existing control mechanism to the new owner or operator;
c. Effluent limits based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local laws;
d. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling locations, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law;
e. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, any applicable compliance schedule. Such schedules may not extend the compliance date beyond the applicable federal guidelines.
(b) Application and baseline monitoring report information. Significant industrial users seeking a wastewater discharge permit shall complete and file with the control authority an application on the form prescribed by the control authority, and accompanied by the applicable fee. In support of this application, the user shall submit the following information:
(1) Name, address of the facility and SIC code, including the name of the operator and owner.
(2) Volume of wastewater to be discharged.
(3) Wastewater constituents and characteristics including, but not limited to, those set forth in section 58-264 of this article and 40 CFR 403.12(p), as determined by procedures approved in 40 CFR 136.
(4) Time and duration of discharge.
(5) Average and peak wastewater flow rates, including daily, monthly, and seasonable variations, if any.
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.
(7) Description of the nature, average rate of production, and standard industrial classifications of the operation carried out by such user to include all materials and types of materials which are, or could be discharged. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(8) Each product produced, by type, amount and rate of production.
(9) Type and amount of raw materials processed (average and maximum per day).
(10) Number and type of employees and hours of work.
(11) A statement, reviewed by the owner's authorized representative 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.
(12) 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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing for major components, commencing construction, completing construction, etc.).
b. Maximum allowed time shall be in accordance with sections 58-251, 58-252.
c. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress 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 schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.
(13) Any other information deemed by the control authority to be necessary to evaluate the permit application.
(14) A list of any environmental control permits held by or for the facility.
(15) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(16) Measurement of pollutants:
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the control authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed and sampled in accordance with procedures set out in section 58-271.
(17) All applications and baseline monitoring reports must be signed and certified in accordance with the specific permit conditions in subsection (d)(4)d of this section.
(c) Evaluation of data; permit issuance, modification, appeal and reissuance.
(1) The control authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the control authority may issue a wastewater discharge permit subject to terms and conditions provided in this division.
(2) Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an industrial user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the industrial user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the industrial user with an existing wastewater discharge permit shall submit to the approving authority 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by this section.
(3) The permit may be modified for good causes including, but not limited to, the following:
a. To incorporate any new or revised federal, state or local pretreatment standards or requirements.
b. Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character which were not considered in drafting the effective permit.
c. A change in any condition in either the significant industrial user or the publicly owned treatment works 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 city's collection and treatment systems, publicly owned treatment works personnel or the receiving waters.
e. Violation of any terms or conditions of the permit.
f. Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
g. Revision of or a grant of variance from such national categorical pretreatment standards pursuant to VR 680-14-01, Part VII, section 7.13.
h. To correct typographical or other errors in the permit.
i. To reflect transfer of the facility ownership and/or operation to a new owner/operator.
j. Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws or rules and regulations. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(4) The permittee may petition to appeal the terms of this permit within 30 days of the notice. This petition must be in writing; failure to submit a petition for review shall be deemed to be a waiver of the appeal. In its petition, the permittee must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to be placed in the permit. The effectiveness of this permit shall not be stayed pending a reconsideration by the city. If, after considering the petition and any arguments put forth by the permittee, the city determines that reconsideration is proper, it shall reissue the permit. Those permit provisions being reconsidered by the city shall be stayed pending reissuance. A city decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review. The permittee seeking judicial review of the city's final action must do so by filing a complaint with the Circuit Court for Bedford County, State of Virginia, within 30 days.
(5) If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must submit an application for a new permit at least 180 days before the expiration date of this permit.
(d) Specific permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other regulations, user charges, industrial cost recovery and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this article, and applicable state and federal regulations. Permit conditions will include the following:
(1) The daily average and daily maximum wastewater constituents and characteristics.
(2) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(3) Requirements for installation of inspection and sampling facilities and specifications for monitoring programs.
(4) Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges. These reports and their submissions shall meet all of the requirements of 40 CFR 403.12 and section 7.9, VR 680-14-01, incorporated by reference. In particular, the following specific reporting requirements shall be met, as appropriate:
a. Notice of potential problems: All categorical and noncategorical industrial users shall notify the publicly owned treatment works immediately of all discharges that could cause problems to the publicly owned treatment works, including any slug discharges, as defined by 40 CFR 403.5(b), by the industrial user.
b. All violations require immediate notification of the POTW, followed by a written letter within five days.
c. Notice of change in discharge: All industrial users shall notify the publicly owned treatment works 48 hours in advance of any substantial change in the volume or character of pollutants in their discharge.
d. Report from noncategorical industrial users: The city shall require appropriate reporting from those industrial users that are not subject to categorical pretreatment standards. Noncategorical industrial users which are significant shall report at a frequency specified in the discharge permit. Categorical industrial users shall submit periodic monitoring reports in accordance with all federal, state and local discharge regulations.
e. Signatory and certification requirements: The discharge permit in addition to all reports and applications required by this article shall include a certification statement as set forth in 40 CFR 403.6(a)(2), incorporated by reference; and shall be signed by an authorized representative of the industrial user. An authorized representative may be: (a) a principal executive officer of at least the level of vice president, if the industrial user is a corporation; or the manager of one or more manufacturing production or corporation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or (b) a general partner or proprietor, if the industrial user is a partnership or sole proprietor respectively; or (c) a duly authorized representative of the individual designated immediately above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates. The authorization must be submitted to the control authority in writing and must name a responsible person or position. Whenever the authorization of this section is no longer accurate, a new authorization must be submitted to the control authority prior to or together with any reports to be signed by authorized representative.
f. Record retention: Any industrial user subject to these reporting requirements shall retain for a minimum of three years any records of monitoring activities and results, whether or not such monitoring activities are required by this section, and shall make such records available for inspection and copying by the EPA, the director of DEQ, and by the city. This period of retention shall be extended during the course of unresolved litigation regarding the industrial user or when requested by the EPA, the director of DEQ, or the city.
g. The user shall provide for all the sampling required in the discharge permit and this article. The frequency of sampling and reporting will be specified in the discharge permit, with the user and city each choosing the testing representative 50 percent of the time. The selected representative of the city will perform the test first and will alternate accordingly throughout the life of the permit.
h. If the results of the permittee's wastewater analysis indicates a violation has occurred the permittee must notify the city within 24 hours of becoming aware of the violation and repeat the sampling and pollutant analysis and submit, in writing, the results of the repeat analysis within 30 days after becoming aware of the violation.
i. The permittee shall give notice to the city 90 days prior to any facility expansion, production increase, or process modifications which results in new or substantially increased discharges or a change in the nature of the discharge. The control authority can accept or refuse these proposed new conditions and additional flows.
j. The permittee shall furnish to the city within one week any information which the city may request to determine whether cause exists for modifying, revoking and reissuing or terminating this permit, or to determine compliance with this permit. The permittee shall also, upon request, furnish to the city within 48 hours copies of any records required to be kept by this permit.
(5) Daily average and daily maximum discharge rates, or other appropriate conditions, when pollutants subject to limitations and prohibitions are proposed or are present in the user's wastewater discharge.
(6) Compliance schedules.
(7) Other conditions as deemed necessary by the control authority to ensure compliance with this article.
(e) Random sampling and analysis. The publicly owned treatment works must randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Publicly owned treatment works must inspect and sample the effluent from each significant industrial user at least once a year and must evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge. The results of such activity shall be available to the approval authority upon request. If the publicly owned treatment works decides that a slug discharge control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the publicly owned treatment works of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for followup written notification within five days;
(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency responses.
(f) Transfer of permits. Wastewater discharge permits are issued to a specific significant industrial user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, different premises, or a new or changed operation, unless specifically approved by the control authority.
(g) Revocation of permits. Any significant industrial user who violates the conditions of his permit or of this article, or of applicable state and federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
(1) Failure of a user to accurately report the wastewater constituents and characteristics of his discharge.
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for the purpose of inspection.
(4) Violation of conditions of the permit.
(Code 1984, § 19-19.2)
Secs. 58-287– 58-305. Reserved.
ARTICLE IX. Sec. 58-306. Bypass.
(a) For the purpose of this section:
Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.
Severe property damage means substantial physical damage to property, damage to the treatment facilities which cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (c) and (d) of this section.
(c) Notice.
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the city at least ten days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(d) Bypass prohibited.
(1) If a bypass is prohibited, the city may take an enforcement action against a user for a bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment down time or preventive maintenance; and
c. The user submitted notices as required under subsection (c) of this section.
(2) The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the three conditions listed in subsection (d)(1) of this subsection.
CITY ELECTRIC SYSTEM
WATER SERVICE*
CUSTOMERS BEYOND CITY LIMITS
CASH DEPOSITS, BILLINGS, SERVICE CHARGES, ETC.*
FLUORIDATION
CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION
SEWERS AND SEWAGE DISPOSAL
DISPOSAL OF HUMAN EXCREMENT