[Code 1991, § 18-110]
A. 
This article sets forth uniform requirements for direct and indirect contributors of pollutants into the wastewater collection and treatment system of the City and enables the City to comply with all applicable state and federal laws and regulations, including the Clean Water Act and the General Pretreatment Regulations promulgated thereunder (40 CFR Part 403).
B. 
The objectives of this article are to:
(1) 
Prevent the introduction of pollutants into the municipal wastewater system which may interfere with the operation of the system or contaminate the resulting sludge;
(2) 
Prevent the introduction of pollutants into the municipal wastewater system which will pass through such system, inadequately treated, into receiving waters or the atmosphere, or which otherwise will be incompatible with the system;
(3) 
Improve the opportunity to recycle and reclaim wastewater and sludge from such system;
(4) 
Provide for equitable distribution of the cost of the municipal wastewater system; and
(5) 
Ensure that the county and the City comply with their Virginia Pollutant Discharge Elimination System (VPDES) permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the county's and the City's wastewater systems are subject.
C. 
This article shall apply to the users of the City's publicly owned treatment works (POTW) and to persons or jurisdictions outside the City who, by contract or agreement, use the City's POTW. Except as otherwise provided in this article, the Director of Public Works or his authorized designee shall have the authority to administer, implement, and enforce the provisions of this article.
[Code 1991, § 18-111]
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:
ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended (33 U.S.C. § 1251 et seq.).
APPLICABLE STANDARDS AND LIMITATIONS
All state and federal standards and limitations, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, and best management practices.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
A. 
The president, secretary, treasurer, vice-president, or any other person who performs similar policy- or decision-making functions of the company, if the industrial user is a corporation.
B. 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
C. 
A duly authorized representative of the industrial user, if such representative is responsible for the overall operation of the facilities from which the discharge originates and such designation has been submitted in writing to the Director of Public Works.
AVERAGE MONTHLY DISCHARGE LIMITATION
The highest allowable average discharge over a calendar month, calculated by adding all the daily discharges measured during the calendar month and dividing the sum by the number of daily discharges measured during that month.
AVERAGE WEEKLY DISCHARGE LIMITATION
The highest allowable average discharge over a calendar week, calculated by adding all the daily discharges measured during a calendar week and dividing the sum by the number of daily discharges measured during that week.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, after five days at 20° C., expressed in terms of weight and concentration (milligrams per liter).
BOARD
The state water control board, department of environmental quality.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317), which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471, and is incorporated in this article by reference.
COMPOSITE SAMPLE
A combination of individual samples of water or wastewater taken in proportion to flow or time and which ensures that a representative sample is obtained.
CONTRIBUTOR and USER
Any person who contributes, causes, or allows the contribution of sewage or industrial wastewater into the POTW, including persons who contribute such wastes from mobile sources.
COOLING WATER
Water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
COUNTY
Spotsylvania County, Virginia.
DAILY DISCHARGE
The discharge of a pollutant measured during a calendar day or any twenty-four-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of weight, daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, daily discharge is calculated as the average measurement of the pollutant over the day.
DIRECTOR OF PUBLIC WORKS (DPW)
The person designated by the City to supervise the operation of the POTW and who is charged with certain duties and responsibilities under this article, or his duly authorized designee.
DISCHARGE
The introduction of non-domestic pollutants into the POTW from any user.
EPA
The U.S. Environmental Protection Agency.
GRAB SAMPLE
An individual sample collected at a randomly selected time over a period not exceeding 15 minutes.
HOLDING TANK WASTE
Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
See "discharge."
INDUSTRIAL USER
Any person that discharges to the POTW.
INTERFERENCE
A discharge which causes or contributes to:
A. 
The inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes; or
B. 
The violation of any requirement of the POTW's VPDES permits, including those discharges that prevent the use or disposal of sludge by the POTW in accordance with any federal or state laws, regulations, permits, or sludge management plans.
MUNICIPAL WASTEWATER SYSTEM
See "publicly owned treatment works (POTW)."
NEW SOURCE
A. 
Any source of a discharge, the construction or operation of which commenced after the publication of proposed categorical pretreatment standards under Section 307(c) of the Act [33 U.S.C. § 317(c)] which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307(c), provided that:
(1) 
No other source is located at that site;
(2) 
The source completely replaces the process or production equipment of an existing source at that site; or
(3) 
The new wastewater generating process of the source is substantially independent of an existing source at that site and the construction of the source creates a new facility rather than modifies an existing source at that site.
B. 
For purposes of this definition, construction or operation has commenced if the owner or operator has:
(1) 
Begun, or caused to begin, as part of a continuous on-site construction program:
(a) 
Any placement, assembly, or installation of facilities or equipment;
(b) 
Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which are necessary for the placement, assembly, or installation of new source facilities or equipment; or
(2) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be placed in 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 contractual obligations under this definition.
PASS-THROUGH
A discharge through the POTW into state waters in quantities or concentrations which cause, in whole or in part, a violation of any requirement of the POTW's VPDES permits, including an increase in the magnitude or duration of a violation.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, industrial waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt, or agricultural waste.
POLLUTION
The manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. Such reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other lawful means.
PRETREATMENT STANDARD OR REQUIREMENT
Any substantive or procedural requirement related to pretreatment, including national pretreatment categorical standards, or prohibitive discharge standards, and local limits imposed on an industrial user.
PROCESS WASTEWATER
Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.
PUBLICLY OWNED TREATMENT WORKS (POTW) and TREATMENT WORKS
Any treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned, in whole or in part, by the City. The term includes a device or system owned, in whole or in part, by the City and used in the collection, storage, treatment, recycling or reclamation of sewage or industrial wastes and any conveyance which conveys wastewater to a treatment plant.
SIGNIFICANT INDUSTRIAL USER (SIU)
A. 
Any industrial user subject to categorical pretreatment standards; or
B. 
Any other industrial user that:
(1) 
Discharges an average of 25,000 gallons or more per day of process wastewater;
(2) 
Contributes a process waste stream making up 5% or more of the average dry weather hydraulic or organic capacity either of the City's or the county's POTW; or
(3) 
Is so designated as significant by the City or the county on the basis that the industrial user has a reasonable potential for causing pass-through or interference at either the City's or the county's POTW.
SIGNIFICANT NONCOMPLIANCE
A. 
The violation of wastewater discharge limits, as follows:
(1) 
Chronic violations. Where 66% or more of wastewater measurements taken during a six-month period exceed the discharge limit for the same pollutant parameter by any amount;
(2) 
Technical review criteria (TRC) violations. Where 33% or more of wastewater measurements taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all pollutants except pH);
(3) 
Any other violation of an effluent limit (average or daily maximum) that the City has reason to believe has caused, alone or in combination with other discharges, interference, pass-through, sludge contamination, or the endangerment of the health of sewage treatment personnel or the public; or
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health or to the environment or has resulted in the City's exercise of administrative enforcement action to halt or prevent such discharge;
B. 
The violation of a compliance schedule milestone contained in a permit or enforcement order issued by the county or City for starting construction, completing construction, or attaining final compliance within 90 days of the scheduled date;
C. 
The failure to provide any required report within 30 days from the due date;
D. 
The failure to report noncompliance; or
E. 
Any other violation that the City reasonably determines will adversely affect the operation or implementation of this article.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, U.S. government.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
TOXICITY
The inherent potential or capacity of a material to cause adverse effects in a living organism, including acute or chronic effects to aquatic life, detrimental effects on human health, or other adverse environmental effects.
TOXIC POLLUTANT
Any material, including, but not limited to, those listed under Section 307(a) of the Act, which, after discharge, will, on the basis of available information, cause toxicity.
TREATMENT WORKS
See "publicly owned treatment works (POTW)."
VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT
A document issued by the board authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters.
UPSET
An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations due to factors beyond the permittee's reasonable control. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
USER
See "contributor."
WASTEWATER
Liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
[Code 1991, § 18-112]
For purposes of this article, the following abbreviations shall have the meanings designated in this section:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
DPW
Director of Public Works of the City
EPA
Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
POTW
Publicly owned treatment works
SIC
Standard Industrial Classification
SWCB
Virginia State Water Control Board
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS
Total suspended solids
VPDES
Virginia Pollutant Discharge Elimination System