§ 11-301. Definitions. For the purpose of this Chapter, the following terms shall carry the definitions set forth in this section, unless the context shall plainly require otherwise:

(1) Sewer Cleanout: A Sewer Cleanout (or Cleanout) is a capped, vertical sewage pipe, located on a sewer lateral and accessible from the surface, which allows inspection and cleaning of the lateral. If there are multiple Cleanouts on a sewer lateral, the Cleanout relevant to this Chapter is the one nearest the Town sewer main.

(2) Consumptive Water Line: A Consumptive Water Line (or Consumptive Line) is a water line which is not dedicated exclusively to fire suppression.

(3) Dwelling Unit: This term carries the meaning ascribed in § 6-401 of the Town Code.

(4) Fire Suppression Line: A Fire Suppression Line (or Fire Line) is a water line which is dedicated exclusively to fire suppression.

§ 11-302. General Procedure. The first step in connecting to the Town’s water or sewer system shall be the landowner’s filing an application on a form approved by the Town. The Town will review the application, and if it approves it, the Town will advise the landowner of the required connection fee. Upon payment of the fee, the Town will issue a connection permit, and connection may then be undertaken, in accord with the provisions of this Chapter.

Practice Note: This approval is to be in a writing signed by the Public Works Director, Deputy Public Works Director, or Town Manager.

§ 11-303. Connection Norms.

(a) For Consumptive Lines serving residential-only buildings

(i) With fewer than five Dwelling Units, or

Practice Note: This clause requires separate connections for small multifamily buildings.

(ii) Where each Dwelling Unit sits on separately owned land,

Practice Note: This clause requires separate connections for what are commonly described as "townhouses."

each Dwelling Unit shall be served by a separate water connection, with a separate service line and meter. In all other buildings, water service may be aggregated in the applicant's discretion.

Practice Note: Where service is aggregated, the Town will have a single customer. This rule is simple: "One connection: One customer."

(b) In all cases, water meters and Cleanouts shall be located in easements held by the Town and as close to Town mains as practicable.

Practice Note: The Town's obligation to maintain water and sewer laterals ends at the water meter or Cleanout, respectively. See § 11-109 above regarding water lines, and § 11-602 regarding sewer lines.

(c) Water service lines and meters shall not serve more than one building.

(d) When a building's water connection is upsized, the applicant shall pay a fee equal to the fee established in § 11-304 for the upsized connection, less the fee calculated in § 11-304 for the existing connection. Even if the building's sewer connection is not also upsized, an additional sewer connection fee must be paid, calculated by multiplying the additional water connection fee by 2.1.

§ 11-304. Connection Fees. Before any connection shall be made to the Town’s water or sewer systems, the applicant shall pay a connection fee calculated in accordance with this section.

(a) For Consumptive Lines, the fee is the Fixed All-In Residential Equivalent ("FAIRE"), multiplied by the line-size factor set out below:

Practice Note: As of January 1, 2023, the FAIRE is $4,200, but this fee generally changes with inflation.

Line Size	Multiple
0.75"	1.0
1"	1.7
1.5"	3.6
2"	6.4
3"	14.5
4"	25.0
6"	55.0
8"	99.0

(b) The connection fee for Fire Lines shall be the fee as calculated in paragraph (a) above, multiplied by 0.4.

Practice Note: The Town may use a compound meter in which Consumptive use flows through a bypass meter and Fire-Suppression use flows through a turbine meter. The two meters within the compound meter shall trigger two connection fees as if they were on separate lines.

(c) The connection fee for sewer connections shall be the fee calculated for the building's water connection, multiplied by 2.1.

§ 11-305. Connection Expenses and Logistics. Upon payment of the connection fees established in § 11-304 the Town will install the following (where relevant): (i) water meter, (ii) water service line to the meter, (iii) the sewer Cleanout, and (iv) the sewer lateral connecting it to the main. Aside from the connection fee, there are no other connection expenses for the applicant.

However, if an applicant wishes to provide labor or materials for the connection, and if the applicant can present adequate assurances of quality, the Public Works Director may allow the applicant to do so, reducing the calculated fee by an appropriate amount. Such allowance must be in a writing signed by the Public Works Director or other authorized official.

Practice Note: The exception in the second paragraph is often used in larger real-estate developments, where economies of scale and regular inspections can create an environment allowing efficient, reliable connection work.

§ 11-306. Validity of Permits. A water or sewer connection permit is limited to the specific lot or lots shown on the application, and it may not be transferred to other land.



CHAPTER 4

BILLS AND PENALTIES

§ 11-401. Water and Sewer Bills and Rates. The town treasurer or other designated official shall mail water and sewer bills to each customer as near as possible to the first day of every month. Water and sewer customers shall pay rates determined by the council. (See Code of Virginia, § 15.2-2143.)

§ 11-402. Deposits. The Town Treasurer shall require any prospective water customer not holding title to the property in which water and sewer is to be used to pay a deposit to secure the payment of water and sewer bills. The amount of the deposit shall be set by the council from time to time. The deposit is refundable upon termination of the service and payment of all water and sewer charges. However, this section shall not require a deposit from a person who

(i) Presents written authorization from the property owner to procure water and sewer services, and

(ii) Attaches to the authorization documentation showing the person to be a recipient of need-based local, state, or federal rental assistance.

(Amended June 12, 1990; Amended July 1, 2012.)

§ 11-403. Payment of Bills; Penalties; Disconnection. Water and sewer bills must be paid on or before the fifteenth day following the day the bill was issued. If the treasurer does not receive payment by the fifteenth day, he shall add a penalty to the bill equal to $1.00 or 10% of the amount of the bill, whichever is greater. If the bill or penalty shall remain unpaid on the fifteenth day of the month following the month in which the bill was issued, the Town Treasurer shall issue a disconnection notice to the customer. The notice shall itemize the full amount due, including penalties, and it shall state:

(1) That the customer's water and/or sewer service will be disconnected in 30 days if the bill and penalty are not paid;

(2) That any disputes or complaints should be brought to the attention of the Town Manager who will listen to the inquiry, dispute, or complaint;

(3) The telephone number at which the Town Treasurer can be reached. (The treasurer will answer routine questions and refer appropriate cases to the Manager.)

If either the bill or penalty remains unpaid 30 days after the disconnection notice is issued and if the customer has not convinced the Town Manager that he does not owe the bill or penalty, the Town Manager shall have the customer's water and/or sewer service disconnected. Service shall be reinstated upon full payment of the account plus a $25.00 surcharge for turning the water and/or sewer service back on.

(Amended June 12, 1990; Amended July 1, 2012.)

§ 11-404. Adjustments to Bills. The Manager shall enact regulations providing for the equitable waiver of water and sewer charges caused by a water leak. Such regulations shall

(i) Allow the waiver of no more than 60% of any water bill and not more than 80% of any sewer bill;

(ii) Allow the waiver of only one bill (which may include both water and sewer charges) in any 60-month period;

(iii) Grant waivers only when the customer is substantially free from fault, and

(iv) Apply only to residential customers, because non-residential customers are held to a higher standard of monitoring their water usage.

Notwithstanding paragraph (ii) above, if the Customer establishes that the leak could not have been detected and repaired in a single billing cycle, the Manager may adjust two consecutive bills.

(Amended July 1, 2015; Amended February 13, 2018.)

§ 11-405. Violation. Except where otherwise provided, the violation of any of the provisions of this title shall constitute a class four misdemeanor and shall be punished in accordance with § 1-104 of the Code of the Town of Bridgewater. Each day the violation continues shall constitute a separate offense.

CHAPTER 5

SEWER TREATMENT

Article 1

Generally

§ 11-501.1. Purpose. The objectives of this Chapter are

(i) To prevent the introduction of Pollutants into the Authority’s Wastewater system which will interfere with the operation of the System or contaminate the resulting sludge;

(ii) To prevent the introduction of Pollutants into the Wastewater system which will pass through the System, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the System;

(iii) To improve the opportunity to recycle and reclaim Wastewaters and sludges from the System, and

(iv) To comply with the Interjurisdictional Pretreatment Agreement, entered into by the Town, the Authority, and others.

§ 11-501.2. Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in these Regulations, shall have the following meanings:

(1) “Act” or “the Act”: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251, et seq.

(2) “Authorized Representative of Industrial User”: The duly Authorized Representative of an Industrial User who is responsible for the overall operation of the facilities from which the discharge originates. (See § 503.3(4).)

(3) “Authority": Harrisonburg-Rockingham Regional Sewer Authority.

(4) “Best Management Practices (BMPs)": Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 502.1. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.

(Added August 10, 2021.)

(5) “Biochemical Oxygen Demand” or “BOD”: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20° centigrade expressed in terms of milligrams per liter (mg/L).

(6) “Building Sewer”: A sewer conveying Wastewater from the premises of a User to the System.

(7) “Categorical Pretreatment Standards” or “Categorical Standards”: National Categorical Pretreatment Standards applicable to a specific category of Industrial Users.

(8) “Cooling Water”: The water discharged from any use such as air conditioning, cooling or refrigeration, and to which the only Pollutant added is heat.

(9) “Direct Discharge”: The Discharge of treated or untreated Wastewater directly to the Waters of the State.

(10) “End of Pipe”: The location at which any private or Industrial User connects to the public sewer lines.

(11) “Environmental Protection Agency,” or “EPA”: The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the EPA Regional Administrator or other duly authorized official of said agency.

(12) “Executive Director”: The person designated by the Authority to supervise the operation of the System or his duly Authorized Representative.

(13) [Reserved]

(14) “Grab Sample": A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of duration.

(15) “Holding Tank Waste”: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

(16) “Human Waste”: Water borne human excrement as may be present from residences, buildings, Industrial Users or other places.

(17) “Indirect Discharge" or "Discharge”: The Discharge or the introduction of Pollutants into the System from any non-domestic source.

(18) “Industrial User”: A source of Indirect Discharge.

(19) "Instantaneous Limit”: The maximum concentration of a Pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (Added August 10, 2021.)

(20) “Interference”: The inhibition or disruption of the Authority's Wastewater conveyances, Treatment processes or operations. The term includes prevention of or Interference with sewage sludge use or disposal by the Authority.

(21) “Local Limits”: Concentration based or other limits for designated parameters. (See § 502.1(13).) Local Limits apply at End of Pipe and are expressed as maximum per day limits, or as otherwise specifically provided.

(22) [Reserved]

(23) “National Pretreatment Standard”: Any regulation containing Pollutant Discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to Industrial Users.

(24) “New Source”:

(a) Any building, structure, facility or installation from which there is or may be a Discharge of Pollutants, the construction of which commenced after the publication of proposed National Pretreatment Standards under section 307(c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (i) the building, structure, facility or installation is constructed at a site at which no other source is located; or (ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the Discharge of Pollutants at an existing source; or (iii) the production or Wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.

(b) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of (a)(ii) or (a)(iii) of this section but otherwise alters, replaces or adds to existing process or production equipment.

(c) Construction of a New Source as defined under this section has commenced if the owner or operator has (i) 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 (ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this section.

(25) “National Pollutant Discharge Elimination System Permit,” NPDES Permit, or VPDES Permit”: A permit issued pursuant to section 402 of the Act ( 33 U.S.C. § 1342).

(26) “North American Industry Classification System,” “NAICS”: The standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. The NAICS industry codes define establishments based on the activities in which they are primarily engaged.

(27) “Pass Through”: A Discharge which exits the System into Waters of the State in quantities or concentrations which, alone or in conjunction with a Discharge from other sources, are a cause of a violation of any requirement of the Authority's VPDES Permit (including an increase in the magnitude or duration of a violation). An Industrial User significantly contributes to such permit violation where it (i) Discharges a daily Pollutant loading or concentration in excess of that allowed by the Authority or by Federal, State or local law; (ii) discharges Wastewater which substantially differs in nature and constituents from the User’s average Discharge; (iii) knows or has reason to know that its Discharge, alone or in conjunction with Discharges from other sources, would result in a permit violation; or (iv) knows or has reason to know that the Authority is, for any reason, violating its final effluent limitations in its permit and that such Industrial User’s Discharge either alone or in conjunction with Discharges from other sources, increases the magnitude or duration of the Authority’s violations.

(28) “Person”: Any individual, partnership, firm, company, corporation, cooperative, association, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

(29) “pH”: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.

(30) “Pollution”: The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

(31) “Pollutant”: 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.

(32) “Pretreatment” or “Treatment”: 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 System.

(33) “Pretreatment Requirements”: Any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard imposed on an Industrial User.

(34) “Publicly Owned Treatment Works (POTW)”: A treatment works, as defined by section 212 of the Clean Water Act ( 33 U.S.C. § 1292), which is owned by the Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. (Added August 10, 2021.)

(35) “Significant Industrial User”: Any of the following:

(i) An Industrial User subject to Categorical Pretreatment Standards;

(ii) An Industrial User that discharges an average of 25,000 gallons per day or more of process Wastewater to the Authority's (excluding Human Waste, noncontact cooling and boiler blowdown Wastewater);

(iii) An Industrial User that contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the Authority Treatment Plant;

(iv) An Industrial User that is designated as such by the Authority on the basis that it has a reasonable potential for adversely affecting the Authority’s operation or for violating any Pretreatment Standard or Requirement.

(36) “Significant Noncompliance”: A User is in significant noncompliance if its violations meet one of more of the following criteria: (i) chronic violations of Wastewater Discharge limits, defined as those in which sixty-six 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, including instantaneous limits, as defined by 9VAC25-31-10; (ii) technical review criteria (TRC) violations defined as those in which thirty-three percent or more of all of the measurements for each Pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit, including instantaneous limits, as defined by 9VAC25-31-10; multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 or all other Pollutants except pH); (iii) any other violation of a Pretreatment effluent limit or requirement as defined by 9VAC25-31-10 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Authority determines has caused, alone or in combination with other Discharges, Interference or Pass Through (including endangering the health of Authority personnel or the general public); (iv) any Discharge of a Pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Authority’s exercise of its emergency authority to halt or prevent such a Discharge; (v) failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a Wastewater Discharge Permit or enforcement order for starting construction, completing construction, or attaining final compliance; (vi) failure to provide, within 45 days 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; (vii) failure to accurately report noncompliance; or (viii) any other violation or group of violations that may include a violation of Best Management Practices which the Authority determines will adversely affect the operation or implementation of the Pretreatment program. (Added August 10, 2021.)

(37) “Slug Loading” or “Slug Discharge”: Any Discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 502.1 of this Chapter. Any Discharge of non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge which has a reasonable potential to cause Interference or Pass Through or (including endangering the health of Authority personnel , in any other way violate the POTW’s regulations, Local Limits or Permit conditions. (Added August 10, 2021.)

(38) “Soluble BOD,” “sBOD”: The BOD result on a sample that is filtered through a 0.45 pm pore size filter.

(39) “State”: Commonwealth of Virginia.

(40) “Standard Industrial Classification,” “SIC”: A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(41) “Storm Water”: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

(42) “System”: The Treatment Plant, works and facilities owned by the Authority, including all sewer lines that convey Wastewater to the Treatment Plant, and in addition, such term shall include the sewer lines owned by the Town.

(43) “Total Kieldahl Nitrogen,” “TKN”: Organic nitrogen plus ammonia, as defined by the named analytical procedure.

(44) “Total Suspended Solids,” “TSS”: The total suspended matter which floats on the surface of, or is suspended in, water, Wastewater or other liquids, and which is removable by laboratory filtering.

(45) “Toxic Pollutant”: Any Pollutant or combination of Pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provision of section 307(a) of the Act.

(46) “Treatment Plant”: That portion of the System designed to provide Treatment to Wastewater.

(47) “User": Any Person who causes or permits the contribution of Wastewater into the System.

(48) “Wastewater”: The liquid or water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with all other wastes which may be present, whether treated or untreated, which are contributed into or permitted to enter the System.

(49) “Waters of the State”: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

(50) “Wastewater Discharge Permit”: A permit issued in accord with § 11-503.2 below.

§ 11-501.3. Abbreviations. The following abbreviations shall have the designated meanings.

(1) “BOD”: Biochemical Oxygen Demand.

(2) “CFR”: Code of Federal Regulations.

(3) “COD”: Chemical Oxygen Demand.

(4) “L”: Liter.

(5) “mg”: Milligrams.

(6) “mg/L”: Milligrams per liter.

(7) “gm”: Micrometer.

(7.1) “pm”: Picometer.

(8) “RCRA”: Resource Conservation and Recovery Act.

(9) “SWDA”: Solids Waste Disposal Act, 42 U.S.C. § 6901, et seq.

(10) “USC”: United States Code.

(11) “TSS”: Total Suspended Solids.

(12) “NPDES/VPDES”: National/Virginia Pollutant Discharge.

Article 2

Regulations

§ 11-502.1. General Discharge Prohibitions. No User shall contribute or cause to be contributed, directly or indirectly, any Pollutant or Wastewater which will cause a Pass Through or an Interference with the operation or performance of the System. This general prohibition applies to all Users of the System, whether or not the User is subject to National Pretreatment Standards or any other national, State, or local requirements.

Without limiting the foregoing, no User shall contribute any of the following substances directly or indirectly to the System:

(1) 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 hazard including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60° Centigrade) using the test methods specified in 40 CFR § 261.21. Such 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.

(2) Unusual concentrations of Total Suspended Solids (such as, but not limited to, Fullers earth, lime slurries and lime residue), or any solid or viscous Pollutants in amounts that will cause obstruction to the flow in the System.

(3) Any Wastewater having a pH less than 5.5, or Wastewater having any other corrosive property capable of causing damage or creating a hazard to the System or personnel of the Authority or the Town.

(4) Any Wastewater containing (or which result in the presence of) Toxic Pollutants or gases, vapors or fumes in sufficient quantity, either alone or by interaction with other Pollutants, which injures any Wastewater Treatment process, may cause acute worker health or safety problems, creates a toxic effect in the receiving waters of the Authority, or exceeds the limitation set forth in a Categorical Standard.

(5) Any noxious or malodorous liquids, gases or solids which either alone or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent personnel of the Authority or the Town from entering into the sewers for maintenance and repair.

(6) Any substance which may (i) cause the Authority’s effluent or any other product of the Authority such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process, or (ii) cause the Authority to violate any applicable sludge use or disposal criteria, or regulations developed therefor.

(7) Any substance which will cause the Authority to violate its VPDES Permit or applicable water quality standards of the receiving waters.

(8) Any Wastewater with objectionable color which cannot be removed by the Treatment Plant, such as, but not limited to, dye waste and vegetable tanning solutions.

(9) Any Wastewater having a temperature which will inhibit biological activity in the Treatment Plant resulting in Interference, but in no case Wastewater with a temperature that causes the temperature of the combined Wastewater of all Users at the Treatment Plant to exceed 98.6 degrees Fahrenheit (37° Centigrade).

(10) Slug Loading(s) prohibited by this Chapter.

(11) Any Wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Authority.

(12) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/L or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0°- 65.6° Centigrade).

(13) Any Wastewater, which at the End of Pipe location, exceeds the following Local Limits for the listed parameters:

Parameter	Maximum Daily Limit (mg/L)	Maximum Average Limit (mg/L)	Maximum Average Concentration (mg/L)
Arsenic	0.51
Cadmium	0.09
Chromium	4.4
Copper	1.7
Cyanide	2.2
Lead	1.21
Mercury	0.002
Nickel	1.5
Selenium	0.41
Silver	2.8
Zinc	5.0
BOD	500	350
TSS	500	350
TKN	100		70
Total Phosphorous	20		14
Nitrate+Nitrite	10
Oil and Grease	100
pH	5.5-9.5 (range in standard units)

The Executive Director of the Authority may impose mass limitations in place of the concentration-based limits above with respect to any User other than a Significant Industrial User. If any measured values of these parameters are over the limits listed above, the Authority will determine if an Industrial User designation is required.

The sample type for Oil & Grease and pH shall be a Grab Sample. The sample type for all other parameters shall be a 24-hour composite sample (or for the time period Discharges occur if less than 24 hours). Compliance with a maximum daily limit shall be based on a single composite sample when there is only one sample in a 24- hour period or an average of multiple composite samples in a day. Compliance with a monthly average limit shall be based on an average of all of the values for a specific parameter within a calendar month. Under no circumstances may Grab Samples be averaged.

Discharges of each single sample of TKN and Total Phosphorus in excess of the respective monthly average concentration shown in the table above but below the maximum daily limit shall not be considered an exceedance or a violation of the limit shown. All Discharges of TKN and Total Phosphorus in excess of the respective monthly average concentration shall be subject to the Treatment Cost Recovery Fees in § 11-502.13 below.

(14) Any trucked or hauled Pollutants except at discharge points designated by the Authority, and pursuant to specific authorization of a Wastewater Discharge Permit pursuant to these Regulations or other written Authority authorization.

(15) Petroleum oil, non-biodegradable cutting oil, or products containing mineral oil in amounts that will cause Interference or Pass Through.

(16) Any Wastewater containing quantities of Pollutants which exceed the applicable limitations set forth in a National Pretreatment Standard as such standards may be revised from time to time.

(17) Unusual concentrations of Biochemical Oxygen Demand, at a flow rate or Pollutant concentration that will cause Interference.

(18) Any Storm Water or water from any roof, foundation, areaway, parking lot, roadway, or other surface runoff or groundwater drains.

(See HRRSA Operating Rules, May 1, 2018; § 2.1)

§ 11-502.2. Prohibited Substances and Materials. No Person shall discharge or cause to be discharged, either directly or indirectly (i) any Wastewater, sewage or waste to the System which will cause a Pass Through or an Interference with the operation or performance of the Treatment Plant or (ii) the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the Authority, that such wastes can harm the System, have an adverse effect on the Waters of the State or can otherwise endanger life, limb, public property or constitute a nuisance. Consideration will be given to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage Treatment process, capacity of the Treatment Plant, degree of treatability of wastes in the Treatment Plant and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65.6° Centigrade).

(2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Town or the Authority.

(3) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

(4) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the Wastewater at the Treatment Plant exceeds the limits established by the Authority for such materials.

(5) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Authority as necessary, after Treatment of the Wastewater, to meet the requirements of the State, federal or other public agencies of jurisdiction for such discharge to the Waters of the State.

(6) Materials which exert or cause unusual concentrations of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) not to exceed 750 mg/L.

When the Authority determines that a User is violating this section, the violator may be subject to the Enforcement Actions in Article 4 below.

(See HRRSA Operating Rules, May 1, 2018; § 2.2)

§ 11-502.3. Federal Categorical Pretreatment Standards. Compliance by existing sources with Categorical Standards is required under federal law within three years of the date the Categorical Standard is effective, unless a shorter compliance time is specified within the Categorical Standard. Compliance by New Sources is required under federal law on the date the Categorical Standard is effective.

(a) Non-Significant Categorical Industrial Users. The Authority may determine that a Categorical Industrial User is a Non- Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical Wastewater (excluding sanitary, non-contact cooling and boiler blowdown Wastewater, unless specifically included in the standard) and the following conditions are met:

(1) The Industrial User, prior to the Authority's finding, has consistently complied with all applicable Categorical Pretreatment Standards and Requirements;

(2) The Industrial User annually submits the certification statement required in 40 CFR § 403.12(q) together with any additional information necessary to support the certification statement; and

(3) The Industrial User never discharges any untreated concentrated Wastewater.

(b) Equivalent Limitations to Those Expressed as Mass. When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of Pollutant per unit of production, the Authority may convert the limits to equivalent limitations expressed either as mass of Pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.

In any such case the Authority, in calculating equivalent mass-per-day limitations shall calculate such limitations by multiplying the limits in the Categorical Standard by the Industrial User's average rate of production. This average rate of production shall be based not upon the designed production capacity but rather upon a reasonable measure of the Industrial User's actual long-term daily production, such as the average daily production during a representative year. For New Sources, actual production shall be estimated using projected production.

Further in any such case the Authority, in calculating equivalent concentration limitations shall calculate such limitations by dividing the mass limitations derived as stated immediately above by the average daily flow rate of the Industrial User's regulated process Wastewater. This average daily flow rate shall be based upon a reasonable measure of the Industrial User's actual long-term average flow rate, such as the average daily flow rate during the representative year.

(c) Equivalent Limitations to Those Expressed as Concentration. When the limits in a Categorical Pretreatment Standard are expressed only in terms of Pollutant concentrations, an Industrial User may request that the Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Authority. The Authority may establish equivalent mass limits only if the Industrial User meets all the following conditions specified below. To be eligible for equivalent mass limits, the Industrial User must

(1) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its Wastewater Discharge Permit;

(2) Currently use control and Treatment technologies adequate to achieve compliance with the applicable Categorical Standard, and not have used dilution as a substitute for Treatment;

(3) Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and long-term average production rate must be representative of current operating conditions;

(4) Not have daily flow rates, production levels, or Pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and

(5) Have consistently complied with all applicable Categorical Standards during the period prior to the Industrial User's request for equivalent mass limits.

Further, an Industrial User subject to equivalent mass limits must:

(6) Maintain and effectively operate control and Treatment technologies adequate to achieve compliance with the equivalent mass limits;

(7) Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

(8) Continue to record the facility's production rates and notify the Authority whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined initially. Upon notification of a revised production rate, the Authority will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

(9) Continue to employ the same or comparable water conservation methods and technologies as those implemented so long as it discharges under an equivalent mass limit.

The Authority, if it establishes equivalent mass limits, will:

(10) Calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration- based daily maximum and monthly average limits for the applicable Categorical Standard and the appropriate unit conversion factor;

(11) Upon notification of a revised production rate, reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

(12) Retain the same equivalent mass limit in a subsequent Wastewater Discharge Permit if the Industrial User's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for Treatment. The Industrial User must also be in compliance with 40 CFR § 403.17 regarding the prohibition of bypass.

(13) The Authority will not express limits in terms of mass for Pollutants such as pH, temperature, radiation or other Pollutants which cannot appropriately be expressed as mass.

§ 11-502.4. Modification of Federal Categorical Pretreatment Standards. When the System achieves consistent removal (as defined by 40 CFR § 403.7) of Pollutants limited by Categorical Standards, the Authority may in its discretion apply for modification of specific limits in the Categorical Standards. The Authority may then modify Pollutant Discharge limits in the Categorical Standards to reflect such “Removal Credits” if the requirements contained in 40 CFR § 403.7 are met and prior EPA approval is obtained.

§ 11-502.5. Specific Pollutant Limitations. The Town has established Local Limits in § 11-502.1(13) applicable to all Users. The Authority may set specific numerical limitations on the quantity of Pollutants discharged by any User to the System. Such further limitations may affect a single User, a category of Users, or all Users and will be set at such limits which will further the objectives of this Chapter.

§ 11-502.6. State Requirements. Any applicable State requirements and limitations on Discharges shall apply in any case where they are more stringent than requirements established by the Authority or herein.

§ 11-502.7. Authority’s Right of Revision. The Authority reserves the right to modify the Wastewater Discharge Permits, limitations or requirements on Discharges to the System as it determines necessary to comply with the objectives set forth in § 11-501.1 above.

§ 11-502.8. Excessive Discharge. No User shall ever increase the use of process water or, in any way, attempt to dilute a Discharge as a partial or complete substitute for adequate Treatment to achieve compliance with the limitations contained in these Regulations, the Categorical Standards or any other federal, State or local law or regulation.

§ 11-502.9. Accidental Discharges. Each User shall provide protection from accidental Discharge of prohibited Pollutants or other substances regulated by this Chapter. In case of an accidental Discharge, it is the responsibility of the User to immediately telephone and otherwise notify the Town and the Authority of the incident. The notification shall include the location of the Discharge, type of waste, concentration, volume, and corrective actions.

(1) Written Notice. Within five days following an accidental Discharge, the User shall submit to the Town and the Authority a detailed written report describing the cause of the Discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the System, fish kills, or any other damage to Person or property; nor shall such notification relieve the User of any civil penalties or other liability which may be imposed under this Chapter or other applicable law.

(2) Notice to Employees. A notice shall be permanently posted at a prominent place at User’s place of business advising employees whom to call in the event of a dangerous or accidental Discharge.

§ 11-502.10. New or Increased Wastewater. The Authority may deny or condition new or increased contributions of Pollutants, or changes in the nature of Pollutants, to the System by any User where such contributions do not meet applicable Pretreatment Standards or Requirements or where such contributions would cause a risk of Pass Through or Interference to the System.

All Industrial Users shall promptly notify the Town and the Authority of any significant changes to the users operations which might alter the nature, quality, volume or character of Pollutants in their Discharge including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under § 11-502.12 at least 30 days before the change. The Executive Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 11-503.2(1) of this ordinance. The Executive Director may issue an individual wastewater discharge permit under § 11-503.2(1) of this ordinance or modify an existing wastewater discharge permit under § 11-503.2(2) of this ordinance in response to changed conditions or anticipated changed conditions. (Amended August 10, 2021.)

§ 11-502.11. Notification of Problem Discharges. All Industrial Users shall notify the Authority immediately of all Discharges that could cause problems to the System, including but not limited to any Slug Loadings by such Users. This notification shall be followed up within five days by written notification as provided in § 11-502.9. Significant Industrial Users are required to notify the Authority immediately of any changes at its facility affecting potential for a Slug Discharge. (Amended August 10, 2021.)

§ 11-502.12. Notification of Hazardous Wastes. All Industrial Users shall notify the Town, the Authority, the EPA Region 3 Waste Management Division Director, and the Virginia Department of Environmental Quality Division of Land Protection and Revitalization in writing of any Discharge into the System of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or 9 VAC 20-60. Such notification must include the name of the hazardous waste as set forth in such regulations, the EPA 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 System, 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 wastes, 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 twelve months. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed hazardous waste discharges must be submitted to the Town and the Authority in advance of any substantial change in the volume or character of Pollutants.

Industrial Users are exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR § 261.30(d) and § 261.33(e). Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous waste, requires a one-time notification. Subsequent months during which the Industrial User discharges additional quantities of such hazardous waste do not require additional notification.

In the case of new regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the Industrial User must notify the Town, the Authority, the EPA Region 3 Waste Management Division Director, and the Virginia Department of Environmental Quality Division of Land Protection and Revitalization of the discharge of such substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, the Industrial User shall certify that it has a program in place to reduce the volume or toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

Industrial Users who commence discharging hazardous wastes after the effective date of these notification requirements shall provide notification no later than 180 days after the discharge of the hazardous waste.

(See HRRSA Operating Rules, May 1, 2018; § 2.12)

§ 11-502.13. Treatment Cost Recovery Fees. In accordance with the formula below, the Authority shall calculate and collect Treatment Cost Recovery Fees for any daily composite sample for BOD, TSS, TKN and Total Phosphorus concentrations in excess of the monthly average Wastewater Discharge Permit limit or monthly average concentration as provided in § 11-502.1(13). Such fees shall be calculated as the sum of each Treatment Cost Recovery Fee calculated during the monitoring period. Treatment Cost Recovery Fees shall be paid by Industrial Users within 45 days of the end of the monitoring period.

Treatment Cost Recovery Fee = 8.345 * (X -Y) * ADF * Z * U

where...

X is each single sample concentration when in excess of the monthly average Wastewater Discharge Permit limit (BOD=350 mg/L and TSS=350 mg/L) or monthly average concentration (TKN=70.0 mg/L and Total Phosphorus=14.0 mg/L);

Y is the monthly average Wastewater Discharge Permit limit (BOD=350 mg/L and TSS=350 mg/L) or monthly average concentration (TKN=70.0 mg/L and Total Phosphorus=14.0 mg/L);

ADF is the average daily Wastewater flow in million gallons recorded on the day the exceedance occurred;

Z is the Pollutant parameter Treatment Cost Recovery Multiplier below;

Treatment Cost Recovery Multiplier
Parameter	1.0	1.5	2.0	3.0
BOD	>350-500 mg/L	>500-1,000 mg/L	>1,000-1,500 mg/L	>1,500 mg/L
TSS	>350-500 mg/L	>500-1,000 mg/L	>1,000-1,500 mg/L	>1,500 mg/L
TKN	>70.0-100 mg/L	>100-125 mg/L	>125-150 mg/L	>150 mg/L
Total Phosphorous	>14.0-20 mg/L	>20.0-25 mg/L	>25-30 mg/L	>30 mg/L
Nitrate+Nitrite	NA			>10 mg/L

U is the Unit Cost for Treatment (U) as determined by the Authority on an annual or other basis and published on the Authority website.

Notwithstanding the above, for Industrial Users whose principal classification is industry 312120 (breweries), 312130 (wineries), 312140 (distilleries), 312111 (soft drinks), and other classifications (as approved by the Authority) pursuant to the North American Industry Classification System (NAICS), the factor X used for calculating the BOD Treatment Cost Recovery Fee may be computed by subtracting sBOD from BOD and using the difference, as determined by the Authority on a case-by-case basis. Imposition and payment of such fees shall not excuse the exceedance of the underlying Pollutant parameter monthly average limit from § 11-502.1(13) above, and any such exceedance shall continue to be subject to Authority enforcement.

§ 11-502.14. Industrial User Monitoring. Permitted Industrial Users shall be required to monitor their Wastewater Discharges at the following frequencies unless stipulated differently in their individual Wastewater Discharge Permit.

(1) All Pollutant parameters except as specified below.

Average Daily Flow	Monitoring Frequency
< 50,000 gpd	1/week
50,000 < gpd < 100,000	2/week
> 100,000 gpd	3/week

(2) Metals: 1/year.

(3) Oil & Grease: 2/month.

(4) pH: at least 1/hour each day for the time period of the Discharge.

(5) If sampling performed by an Industrial User indicates a violation, the User shall notify the Authority within 24 hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Authority within 30 days after becoming aware of the violation. Where the Authority has performed the sampling and analysis in lieu of the Industrial User, the Authority must perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat analysis. Resampling is not required if:

(a) The Authority performs sampling at the Industrial User at a frequency of at least once per month; or

(b) The Authority performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the Authority receives the results of this sampling.

(Amended August 10, 2021.)

Article 3

Administration

§ 11-503.1. Wastewater Discharges. It shall be unlawful for any Significant Industrial User to discharge without a Wastewater Discharge Permit to the System any Wastewater except as authorized by the Authority.

(See HRRSA Operating Rules, May 1, 2018; § 3.1)

§ 11-503.2. Wastewater Discharge Permits. All Significant Industrial Users proposing to connect to or contribute to the System shall obtain from the Authority a Wastewater Discharge Permit before connecting to or contributing to the System. The Authority may require any other IU to obtain from the Authority a Wastewater Discharge Permit before connecting to or contributing to the System, if the Authority determines that a Wastewater Discharge Permit is beneficial in implementing these Regulations.

(1) Wastewater Discharge Permit Application. A User required to obtain a Wastewater Discharge Permit shall complete and file with the Authority an application in the form prescribed by the Authority. The Authority shall furnish the appropriate Member Jurisdiction with a copy of the application upon receipt. Proposed new Users shall apply at least 90 days prior to their intent to connect to or contribute to the System. The application shall include the following information.

(a) Name, address of the User and the location of the Discharge if different from such address;

(b) SIC number(s);

(c) Wastewater constituents and characteristics, including but not limited to, those identified in subsection § 11-502.13 of these Regulations as determined by a reliable analytical laboratory; and sampling and analysis shall be performed in accordance with procedures established in 40 CFR Part 136;

(d) Time and duration of contribution;

(e) Average daily and 30-minute peak Wastewater flow rates, including daily, monthly and seasonal variations if any;

(f) Site plans showing all sewers and sewer connections by the size, location and elevation and any Pretreatment facilities;

(g) Description of Pretreatment facilities and processes on the premises, or those to be installed;

(h) Measurement of Pollutants. (i) The User shall identify the Pretreatment Standards applicable to each regulated process; and (ii) the User shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by an applicable standard or the Authority) of regulated Pollutants in the Discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The samples shall be representative of daily operations. In cases where the standard or local limit requires compliance with a Best Management Practice or pollution prevention alternative, the User shall submit documentation as required by the Authority or the applicable standards to determine compliance with the standard. (Amended August 10, 2021.)

Further (iii) a minimum of four Grab Samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. F or all other Pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Authority may waive flow-proportional composite sampling for any Industrial User that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) Grab Samples where the User demonstrates that this will provide a representative sample of the effluent being discharged. The User shall (iv) take a minimum of one representative sample to compile the data necessary to comply with the requirements of this section; (v) samples shall be taken immediately downstream from Pretreatment facilities if such exist or immediately downstream from the regulated process if no Pretreatment exists. If other Wastewaters are mixed with the regulated Wastewater prior to Pretreatment, the User shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR § 403.6(e) in order to evaluate compliance with the Pretreatment Standards.

Where a proposed alternate concentration or mass limit has been calculated in accordance with the combined wastestream formula of 40 CFR § 403.6(e), this adjusted limit along with supporting data shall be submitted to the Authority. This paragraph pertains to Users subject to Categorical Standards.

In the case of Users not subject to Categorical Standards, the Authority shall specify on the Wastewater Discharge Permit application which Pollutants are to be sampled (including sample type and number) and tested.

(i) If additional Pretreatment and/or operation and maintenance will be required to meet the Pretreatment Standards or Requirements, the shortest schedule by which the User is able to provide such additional Pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard or otherwise by this Chapter. The following conditions shall apply to this schedule:

(i) 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 or Requirements (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc).

(ii) No increment referred to in the preceding paragraph shall exceed nine (9) months.

(iii) 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 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 such 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 Authority.

(j) A list of products produced;

(k) Type of raw material processed, and

(l) Any other information as may be required by the Authority to evaluate the Wastewater Discharge Permit application. The Authority will evaluate the data furnished by the User and may require additional information. After evaluation and acceptance of the data furnished, the Authority may issue a Wastewater Discharge Permit subject to the terms and conditions provided herein; or the Authority may decline to issue the Wastewater Discharge Permit.

(2) Wastewater Discharge Permit Modifications. The Authority may reopen and modify a Wastewater Discharge Permit for good cause, including without limitation for the following reasons:

(a) To incorporate any new or revised Pretreatment Standard or Requirement;

(b) To address significant alterations to the User’s processes or Discharge;

(c) A change in the Authority’s facilities or processes or the regulatory requirements applicable to the Authority;

(d) To correct typographical or other errors in the Wastewater Discharge Permit, or

(e) On the request of the permittee for good cause shown.

(3) Wastewater Discharge Permit Conditions. Wastewater Discharge Permits are subject to all provisions of this Chapter, Authority regulations, all other applicable regulations, User charges and fees established by the Authority or the Town. Wastewater Discharge Permits shall contain the following:

(a) Statement of duration (in no case more than five (5) years);

(b) Statement of non-transferability without, at a minimum, prior notification to the Authority, a signed agreement between the current and new permittees stating and agreeing to the date of transfer, and approval of the transfer by the Authority. The Authority may in its discretion require a new Wastewater Discharge Permit application from the proposed new owner;

(c) Effluent limits, including Best Management Practices, based on applicable general Pretreatment Standards, Categorical Pretreatment Standards, and the requirements of these Regulations; (Amended August 10, 2021.)

(d) Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the Pollutants to be monitored, sampling location, sampling frequency, and sample type;

(e) Statement of applicable civil and criminal penalties for violation of the Wastewater Discharge Permit, Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines;

(f) Limits on average and maximum rate and time of Discharge or requirements for flow regulations and equalization, if determined necessary by the Authority;

(g) Requirements for installation and maintenance of inspection and sampling facilities, if determined necessary by the Executive Director;

(h) Requirements for maintaining and retaining plant records relating to Wastewaters and Discharge as specified by the Authority, and affording the Authority access thereto;

(i) Requirements for notification of the Authority of any new introduction of Wastewater constituents or any substantial change in the volume or character of the Wastewater constituents being introduced into the System;

(j) Requirements for immediate notification of all Discharges that could cause problems to the System, including any Slug Loading;

(k) Requirements for slug discharge control, if determined necessary by the Authority. A slug control plan shall contain, at a minimum, the following elements: description of discharge practices, including non-routine batch discharges; description of stored chemicals; procedures for immediately notifying the Authority of slug discharges, with procedures for a follow-up written notification within five days; and, 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 response. (Added August 10, 2021.)

(l) Statement that the Wastewater Discharge Permit may be reopened and modified as determined necessary by the Authority; and

(m) Other conditions as determined appropriate by the Authority to ensure compliance with these Regulations.

(4) Wastewater Discharge Permit Duration. Wastewater Discharge Permits shall be issued for a specified time period, not to exceed five years. The User shall apply for Wastewater Discharge Permit renewal at least 180 days prior to the expiration of the User’s existing Wastewater Discharge Permit. The terms and conditions of the new Wastewater Discharge Permit may be subject to modification by the Authority. The User shall be informed of any proposed changes in its Wastewater Discharge Permit at least 30 days prior to the effective date of change. Any changes or new conditions in the Wastewater Discharge Permit shall include if necessary and consistent with legal requirements a reasonable time schedule for compliance. If the permittee has submitted a complete reapplication no later than the date identified in the immediately preceding paragraph, and the Authority has not, through any fault of the permittee, made a decision on Wastewater Discharge Permit reissuance, the Wastewater Discharge Permit shall be administratively extended and remain in effect until a final decision on the Wastewater Discharge Permit by the Authority.

(5) Supplemental Wastewater Discharge Permit Provisions. In the Authority’s discretion, a Wastewater Discharge Permit may contain requirements for

(a) Performance bonds;

(b) Liability insurance;

(c) Payment of outstanding fees and penalties, and

(d) Disclosure statements containing compliance information on User and key personnel.

(6) Wastewater Discharge Permit Transfer. Wastewater Discharge Permit shall be issued to a specific User for a specific operation at a specific location. A Wastewater Discharge Permit shall not be assigned, transferred or sold to another Person or User except as provided in paragraph (3)(b) above, and shall not be applicable to a different premises or a new or changed operation without the approval of the Authority.

§ 11-503.3. Reporting Requirements.

(1) Baseline Report. Within 180 days after the effective date of a Categorical Standard, existing Industrial Users subject to such standards and currently discharging to or scheduled to discharge to the System shall submit to the Authority a report which contains the information listed in subparagraphs (a)-(g) below. At least 90 days prior to commencement of Discharge, New Sources, and sources that become Industrial Users subsequent to the promulgation of an applicable Categorical Standard, shall submit to the Authority a report which contains the information listed in subparagraphs (a)-(e) below. New Sources shall also be required to include in this report information on the method of Pretreatment the source intends to use to meet applicable Pretreatment standards. New Sources shall give estimates of the information requested in subparagraphs (d) and (e) of this section:

(a) Identifying Information. The name and address of the facility including the name of the operator and owners;

(b) Permits. A list of any environmental control permits held by or for the facility;

(c) Description of Operations. A brief description of the nature, average rate of production, and SIC of the operations carried out by such Industrial User. This description shall include a schematic process diagram which identifies points of Discharge to the System from the regulated processes;

(d) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the System from each of the following:

(i) Regulated process streams; and

(ii) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR§ 403.6(e).

The Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(e) Measurement of Pollutants. The Categorical Standards applicable to each regulated process. In addition, the User shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or the Authority) of regulated Pollutants in the Discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a Best Management Practice or pollution prevention alternative, the User shall submit documentation as required by the Authority or the applicable standards to determine compliance with the standard. The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection. Samples shall be taken immediately downstream from Pretreatment facilities if such exist or immediately downstream from the regulated process if no Pretreatment exists. If other Wastewaters are mixed with the regulated Wastewater prior to Pretreatment, the User shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR § 403.6(e) in order to evaluate compliance with the standards. Where an alternate concentration or mass limit has been calculated in accordance with these Regulations, this adjusted limit along with supporting data shall be submitted to the Authority.

The Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial Pretreatment measures.

The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected Pollutant Discharges to the System.

(f) Certification. A statement, reviewed by an Authorized Representative of the Industrial User and certified to by a qualified professional, stating whether standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional Pretreatment is required for the Industrial User to meet the standards; and

(g) Compliance schedule. If additional Pretreatment and/or O&M will be required to meet the standards; the shortest schedule by which the Industrial User will provide such additional Pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable standard.

Where the Industrial User's Categorical Pretreatment Standard has been modified by a removal allowance (40 CFR § 403.7), the combined wastestream formula (40 CFR § 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR § 403.13) at the time the User submits the report required, the information required by paragraphs (a)(6) and (a)(7) of this section shall pertain to the modified limits. If the Categorical Pretreatment Standard is modified by a removal allowance, the combined wastestream formula, and/or a Fundamentally Different Factors variance after the User submits the report required by this section, any necessary amendments to the information requested by paragraphs (a)(6) and (a)(7) shall be submitted by the User to the Authority within 60 days after the modified limit is approved.

(2) Compliance schedule for meeting Categorical Standards. The following conditions shall apply to the schedule required by this paragraph (1)(g): 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 Industrial User to meet the applicable Categorical Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc). No increment shall exceed nine (9) months. Not later than 14 days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the 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 Industrial User to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Authority.

(3) Categorical Standard Deadline Compliance. Within 90 days following the date for final compliance with applicable Categorical Standards or in the case of a New Source following commencement of the introduction of Wastewater into the System, the User shall submit to the Authority a report including the information described in paragraphs (1)(d) - (f) above. For Industrial Users subject to equivalent mass or concentration limits established by the Authority, this report shall contain a reasonable measure of the User's long term production rate. For all other Industrial Users subject to Categorical Standards expressed in terms of allowable Pollutant Discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period.