HomeMy Public PortalAbout2003_10_28_O018 Amending Chap 15 regarding Sewer Use StandardsThe Town of
irginia
ORDINANCE NO. 10 0 3- 0 -18
W. 66 T4wr.iwxlTom
AN ORDINANCE: AMENDING CHAPTER 15, ARTICLE II, OF THE LEESBURG TOWN
CODE REGARDING SEWER USE STANDARDS
WHEREAS, amendment of the town's Sewer Use Standards, Chapter 15, Article 11 of the
Town Code, is required to achieve compliance with Environmental Protection Agency (EPA)
regulations; and
WHEREAS, amendment of the ordinance is a condition to closeout of the Water Quality
Improvement Fund (WQIF) grant obtained for the previous upgrade of the Water Pollution Control
Facility (WPCF); and
WHEREAS, this amended Sewer Use Ordinance will be incorporated by reference and
made a part here of, as if fully set out in this code; and
WHEREAS, the Director of Utilities recommends approval of the proposed amendments.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
Section I - Chapter 15, Article I1, Sections 15-32 through 15 -42 are hereby deleted.
Section II - Attached sewer use ordinance is hereby adopted in its entirety.
Section III - Such Amendment shall become effective upon adoption.
PASSED this 9e day of Octobe 2003.
\ M
Town of Leesburg
ATTEST:
rf� e,
qerk of Council
P:003 /Sewer Standards
Uf LE
O•
7
IR GII���
TOWN OF LEESBURG
SEWER USE ORDINANCE
OCTOBER 2003
ORDINANCE NO: 2003 -0 -18
TOWN OF LEESBURG IN VIRGINIA
SEWER USE ORDINANCE
TABLE OF CONTENTS
SECTION 1 GENERAL PROVISIONS
1.1 Purpose and Policy............
1.2 Administration ..................
1.3 Abbreviations ....................
1.4 Definitions .........................
.............................................. ..............................1
.............................................. ..............................1
.............................................. ..............................2
.............................................. ..............................2
SECTION 2 GENERAL SEWER USE REQUIREMENTS
2.1
Prohibited Discharge Standards ........................................
............................... i
2.2
National Categorical Pretreatment Standards .................... ..............................9
2.3
State Pretreatment Standards .............................................
..............................9
2.4
Local Limits ......................................................................
.............................10
2.5
The Towns Rights of Revision .........................................
.............................10
2.6
Dilution .............................................................................
.............................10
SECTION 3
PRETREATMENT OF WASTEWATER
3.1
Pretreatment Facilities ......................................................
.............................11
3.2
Additional Pretreatment Measures ....................................
.............................11
3.3
Accidental Discharge /Slug Control Plans ........................ ..............................1 l
3.4
Hauled Wastewater ...........................................................
.............................12
SECTION 4 WASTEWATER DISCHARGE PERMITS
4.1 Wastewater Analysis ......................................................... .............................12
4.2 Wastewater Discharge Permit Required ........................... .............................13
4.3 Wastewater Discharge Permitting: Existing Connections ............................13
4.4 Wastewater Discharge Permitting: New Connections ..... .............................13
4.5 Wastewater Discharge Permit Application Contents ........ .............................13
i
4.6
Application Signatories and Certification ......................... .............................14
4.7 Wastewater Discharge Permit Decisions .......................... .............................14
SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1
Wastewater Discharge Permit Duration ............................ .............................15
.............................18
5.2
Wastewater Discharge Permit Contents ............................ .............................15
.............................19
5.3
Wastewater Discharge Permit Appeals ............................. .............................15
Standard Deadline ..20
5.4
Wastewater Discharge Permit Modification ..................... .............................15
.............................20
5.5
Wastewater Discharge Permit Transfer ............................ .............................16
.............................20
5.6
Wastewater Discharge Permit Revocation ........................ .............................16
.............................21
5.7
Wastewater Discharge Permit Reissuance ........................ .............................17
6.8
SECTION 6 REPORTING REQUIREMENTS
6.1
Baseline Monitoring Reports ............................................
.............................18
6.2
Compliance Schedule Progress Reports ...........................
.............................19
6.3
Reports on Compliance with Categorical Pretreatment
Standard Deadline ..20
6.4
Periodic Compliance Reports ...........................................
.............................20
6.5
Reports of Changed Conditions ........................................
.............................20
6.6
Reports of Potential Problems ..........................................
.............................21
6.7
Reports from Un- permitted Users ..................................... .............................21
6.8
Notice of Violation/Repeat Sampling and Reporting ....... .............................21
6.9
Analytical Requirements ...................................................
.............................22
6.10
Sampling Collection ..........................................................
.............................22
6.11
Timing
22
6.12
Record Keeping ................................................................
.............................22
SECTION 7 COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling ......................... .............................231
7.2 Search Warrants ................................................................ .............................23
SECTION 8 CONFIDENTIAL INFORMATION ................................ .............................23
SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE ......24
11
SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation ................................................... .............................25
10.2 Consent Orders .................................................................. .............................25
10.3 Show Cause Hearing ......................................................... .............................25
10.4 Compliance Orders ........................................................... .............................25
10.5 Cease and Desist Orders ................................................... .............................26
10.6 Administrative Fines ........................................................ .............................26
10.7 Emergency Suspensions .................................................... .............................27
10.8 Termination of Discharge ................................................. .............................27
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief ................................................................ .............................28
11.2 Civil Penalties ................................................................... .............................28
11.3 Criminal Prosecution ........................................................ .............................29
11.4 Remedies Nonexclusive .................................................... .............................29
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds ........................................................... .............................29
12.2 Liability Insurance ............................................................ .............................29
12.3 Water Supply Severance ................................................... .............................29
12.4 Public Nuisances ............................................................... .............................29
12.5 Contractor Listing ............................................................. .............................30
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset ................................................................................. .............................30
13.2 Prohibited Discharge Standards ........................................ .............................31
13.3 Bypass ............................................................................... .............................31
SECTION 14 WASTEWATER TREATMENT RATES ........................ .............................33
iii
SECTION 15 MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees ......................................... .............................33
15.2 Severability ....................................................................... .............................34
SECTION 16 GREASE, OIL AND SAND INTERCEPTORS .............. .............................34
SECTION 17 CONTROL MANHOLE FOR OBSERVATION, SAMPLING, ETC. OF
INDUSTRIALWASTE .................................................... .............................34
SECTION 18 METHOD AND PLACE OF MEASURING, TESTING, ETC. WASTES ..34
SECTION 19 SPECIAL ARRANGEMENTS FOR ACCEPTANCE OF INDUSTRIAL
WASTES........................................................................... .............................35
SECTION 20 RIGHT OF ENTRY TO ENFORCE ARTICLE .............. .............................35
SECTION21 EFFECTIVE DATE .......................................................... .............................35
iv
SEWER USE ORDINANCE
SECTION I - GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned
Treatment Works for the Town of Leesburg and enables the Town of Leesburg to comply
with all applicable State and Federal laws, including the Clean Water Act (33 United
States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of
Federal Regulations Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment
Works that will pass through the system, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
C. To protect Publicly Owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the
Publicly Owned Treatment Works;
E. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the Publicly Owned Treatment Works; and
F. To enable the Town to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other
Federal or State laws to which the Publicly Owned Treatment Works is subject.
This ordinance shall apply to all users of the Publicly Owned Treatment Works. The
ordinance authorizes the issuance of wastewater discharge permits; provides for
monitoring, compliance, and enforcement activities; establishes administrative review
procedures; requires user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Town Manager shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted to or duties imposed upon
the Town Manager may be delegated by the Town Manager to other Town personnel.
(Reference Town Code, Sewers and Sewer Disposal, Chapter 15, Article Il, Sec 15 -40)
SEWER USE ORDINANCE
1.3 Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated
meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
EPA U.S. Environmental Protection Agency
gpd gallons per day
mg /l milligrams per liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
TSS Total Suspended Solids
U.S.C. United States Code
1.4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated.
A. Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for
five (5) days at 20o centigrade, usually expressed as a concentration (e.g., mg /1).
B. Authorized Representative of the User
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions
for the corporation; or
(b) The manager of one or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250)
2
SEWER USE ORDINANCE
persons or having gross annual sales or expenditures exceeding
twenty five (25) million dollars (in second quarter 1980 dollars), if
(c) Authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner of
proprietor respectively.
(3) If the user is a Federal, State, or local governmental facility: a director or
highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above, may designate
another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the company,
and the written authorization is submitted to the Town.
C. Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with
Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific
category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts
405 -471.
D. Town. The Town of Leesburg.
E. Existing Source. Any source of discharge, the construction or operation of which
commenced prior to the publication by EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
F. Grab Sample. A sample, which is taken from a wastestream without regard to the
flow in the wastestream and over a period of time not to exceed fifteen (15)
minutes.
G. Indirect Discharge or Discharge. The introduction of pollutants into the POTW
from any nondomestic source regulated under Section 307(b), (c), or (d) of the
Act.
H. Instantaneous Maximum Allowable Discharge Limit. The maximum
concentration of a pollutant allowed to be discharged at any time, determined
from the analysis of any discrete or composite sample collected, independent of
the industrial flow rate and the duration of the sampling event.
I. Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment
3
SEWER USE ORDINANCE
processes or operations or its sludge processes, use or disposal; and therefore, is a
cause of a violation of the Town's NPDES permit or of the prevention of sewage
sludge use or disposal in compliance with any of the following
statutory /regulatory provisions or permits issued thereunder, or any more stringent
State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act,
including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any 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.
J. Medical Waste. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical
wastes, potentially contaminated laboratory wastes, and dialysis wastes.
K. Town Manager: The town manager of the Town of Leesburg, or his authorized
deputy, agent or representative.
L. New Source.
(1) 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 Act which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a
site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
(c) 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 whether 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.
(2) 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
Section (1)(b) or (c) above but otherwise alters, replaces, or adds to
existing process or production equipment.
a]
SEWER USE ORDINANCE
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite
construction program
(i) any placement, assembly, or installation of facilities or
equipment; or
(ii) 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
(b) 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 paragraph.
M. Pass Through. A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the Town's NPDES permit, including an increase in the magnitude
or duration of a violation.
N. Person. Any individual, partnership, co partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other
legal entity; or their legal representatives, agents, or assigns. This definition
includes all Federal, State, and local governmental entities.
O. pH. A measure of the acidity or alkalinity of a solution, expressed in standard
units.
P. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD,
COD, toxicity, or odor).
Q. Pretreatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater
prior to, or in lieu of, introducing such pollutants into the POTW. This reduction
or alteration can be obtained by physical, chemical, or biological processes; by
process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
5
SEWER USE ORDINANCE
R. Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
S. Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical pretreatment standards, and local
limits.
T. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions
against the discharge of certain substances; these prohibitions appear in Section
2.1 of this ordinance.
U. Publicly Owned Treatment Works or POTW. A treatment works, as defined by
Section 212 of the Act (33 U.S.C. § 1292), which is owned by the Town of
Leesburg. 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.
V. Significant Industrial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of twenty -five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or
(c) Is designated as such by the Town the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in Subsection (2) has no
reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement, the Town may at any
time, on its own initiative or in response to a petition received from a user,
and in accordance with procedures in 40 CFR § 403.8(f)(6), determine that
such user should not be considered a significant industrial user.
W. Slug Load or Slug. Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards in Section 2.1 of this
ordinance.
SEWER USE ORDINANCE
X. Standard Industrial Classification (SIC) Code. A Classification pursuant to the
Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
Y. Storm Water. Any flow occurring during or following any form of precipitation,
and resulting from such precipitation, including snowmelt.
Z. 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.
AA. User or Industrial User. A source of indirect discharge.
BB. Wastewater. Liquid and water carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are contributed to
the POTW.
CC. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which
is designed to provide treatment of municipal sewage and industrial waste.
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
A. General Prohibitions. No user shall introduce or cause to be introduced into the
POTW any pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all users of the POTW whether or not they are
subject to categorical pretreatment standards or any other National, State, or local
pretreatment standards or requirements.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into the
POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with a closed -cup flashpoint of less than
140 °F (60 °C) using the test methods specified in 40 CFR § 261.21;
(2) Wastewater having a pH less than 5.0 or more than 9.0, or otherwise
causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW, including substances which may solidify or become
viscous at temperatures between 32 °F (0 °C) and 150 °F (65.5 °C) and a pH
between 5.0 and 11.0, but in no case solids greater than one -half inch in
any dimension. Prohibited materials include, but are not limited to,
grease, animal guts or tissues, paunch manure, bones, hair, hides or
fleshing, entrails, whole blood, feathers, ashes, cinders, sand, cement,
7
SEWER USE ORDINANCE
spent lime, stone or marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spend hops, wastepaper, wood, plastics, tar,
asphalt residues, residues from refining or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
(4) Pollutants, including oxygen- demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and /or pollutant concentration which, either
singly or by interaction with other pollutants, will cause interference with
the POTW;
(5) Wastewater having a temperature greater than 150 °F, or which will inhibit
biological activity in the treatment plant resulting in interference, but in no
case wastewater which causes the temperature at the introduction into the
treatment plant to exceed 104 °F (40 0C);
(6) Petroleum oil, non - biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the
Town Manager in accordance with Section 3.4 of this ordinance;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the sewers for
maintenance or repair;
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment
plant's effluent, thereby violating the Town's NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized
water, noncontact cooling water, and unpolluted wastewater, unless
specifically authorized by the Town Manager;
(13) Sludge, screenings, or other residues from the pretreatment of industrial
wastes;
(14) Medical wastes, except as specifically authorized by the Town Manager in
a wastewater discharge permit;
SEWER USE ORDINANCE
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail toxicity test;
(16) Detergents, surface - active agents, or other substances which may cause
excessive foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 100 mg /l;
Pollutants, substances, or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the POTW.
2.2 National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts
405 -471 are hereby incorporated.
A. Upon the promulgation of the National Categorical Pretreatment Standards for an
industrial subcategory, the Federal Standard, if more stringent than the limitations
imposed by the Town and /or by the State for such subcategory, shall immediately
supersede the Town and /or State limitations.
B. When a Categorical Pretreatment Standard is expressed only in terms of either the
mass or the concentration of a pollutant in wastewater, the Town Manager may
impose equivalent concentration or mass limits in accordance with 40 CFR §
403.6(c).
C. When wastewater subject to a Categorical Pretreatment Standard is mixed, prior
to the sampling location, with wastewater not regulated by the same standard, the
own Manager shall, as appropriate, impose an alternate limit using the combined
wastestream formula in 40 CFR § 403.6(e). Standards apply at the end of the
regulated process unless the standard indicates otherwise.
D. An Industrial User may obtain a variance from a Categorical Pretreatment
Standard if it can prove, pursuant to the procedural and substantive provisions of
40 CFR § 403.13, that factors relating to its discharge are fundamentally different
from the factors considered by EPA when developing the Categorical
Pretreatment Standard.
E. An Industrial User may obtain a net /gross adjustment to a Categorical
Pretreatment Standard in accordance with 40 CFR § 403.15 (39 -93 -67.1)
2.3 State Pretreatment Standards
A. Users are required to comply with applicable State pretreatment standards and
requirements as set out in VR 680- 14 -01, which is incorporated herein by
reference.
I
SEWER USE ORDINANCE
B. Upon the promulgation by the State of requirements and limitations on discharges
that are more stringent than the equivalent Federal and Town limitations, the State
limitation shall apply.
2.4 Local Limits
The following pollutant limits are established to protect against pass through and
interference. No person shall discharge wastewater containing in excess of the following
(instantaneous maximum allowable discharge limits):
0.1 mg /l Arsenic 2.0 mg /l Cyanide
0.1 mg /l Benzene 0.1 mg /1 Lead
1.0 mg /l Beryllium 0.1 mg /l Mercury
1000 mg /l BOD5 1.0 mg /l Nickel
0.1 mg /l Cadmium 100 mg /l Oil and grease
0.1 mg /l Chromium 1.0 mg /l Selenium
1.0 mg /l Copper 1.0 mg /l Silver
1.0 mg /l Silver 10 mg /l Zinc
0.1 mg /l Total phenols 1.0 mg /l Boron
1000 mg /l Total suspended solids
The above limits apply at the point where the wastewater is discharged to the POTW. All
concentrations for metallic substances are for total metal unless indicated otherwise. The
Town Manager may impose mass limitations in addition to, or in place of, the
concentration- based limitations above.
2.5 Towns Right of Revision
The Town of Leesburg reserves the right to establish, by ordinance or in wastewater
discharge permits, more stringent standards or requirements on discharges to the POTW.
2.6 Dilution
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 a discharge limitation unless expressly authorized by an applicable
pretreatment standard or requirement. The Town Manager may impose mass limitations
on users who are using dilution to meet applicable pretreatment standards or
requirements, or in other cases when the imposition of mass limitations is appropriate.
10
SEWER USE ORDINANCE
SECTION 3 - PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and
shall achieve compliance with all categorical pretreatment standards, local limits, and the
prohibitions set out in Section 2.1 of this ordinance within the time limitations specified
by EPA, the State, or the Town Manager, whichever is more stringent. Any facilities
necessary for compliance shall be provided, operated, and maintained at the user's
expense. Detailed plans describing such facilities and operating procedures shall be
submitted to the Town Manager for review, and shall be acceptable to the Town Manager
before such facilities are constructed. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying such facilities as
necessary to produce a discharge acceptable to the Town of Leesburg under the
provisions of this ordinance.
3.2 Additional Pretreatment Measures
A. Whenever deemed necessary, the Town Manager may require users to restrict
their discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and /or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and such
other conditions as may be necessary to protect the POTW and determine the
user's compliance with the requirements of this ordinance.
B. The Town Manager may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage and flow -
control facility to ensure equalization of flow. A wastewater discharge permit
may be issued solely for flow equalization.
C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Town Manager, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; except that such
interceptors shall not be required for residential users. All interception units shall
be of type and capacity approved by the Town Manager and shall be so located to
be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
D. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
3.3 Accidental Discharge /Slug Control Plans
At least once every two (2) years, the Town Manager shall evaluate whether each
significant industrial user needs an accidental discharge /slug control plan. The Town
Manager may require any user to develop, submit for approval, and implement such a
plan. Alternatively, the Town Manager may develop such a plan for any user. An
accidental discharge /slug control plan shall address, at a minimum, the following:
11
SEWER USE ORDINANCE
A. Description of discharge practices, including nonroutine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Town Manager of any accidental or slug
discharge, as required by Section 6.6 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment
structures or equipment, measures for containing toxic organic pollutants,
including solvents, and /or measures and equipment for emergency response.
3.4 Hauled Wastewater
A. Septic tank waste may be introduced into the POTW only at locations designated
by the Town Manager, and at such times as are established by the Town Manager.
Such waste shall not violate Section 2 of this ordinance or any other requirements
established by the Town of Leesburg. The Town Manager may require septic
tank waste haulers to obtain wastewater discharge permits.
B. The Town Manager shall require haulers of industrial waste to obtain wastewater
discharge permits. The Town Manager may require generators of hauled
industrial waste to obtain wastewater discharge permits. The Town Manager also
may prohibit the disposal of hauled industrial waste. The discharge of hauled
industrial waste is subject to all other requirements of this ordinance.
C. Industrial waste haulers may discharge loads only at locations designated by the
Town Manager. No load may be discharged without prior consent of the Town
Manager. The Town Manager may collect samples of each hauled load to ensure
compliance with applicable standards. The Town Manager may require the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste - tracking form for every load. This
form shall include, at a minimum, the name and address of the industrial waste
hauler, permit number, truck identification, names and addresses of sources of
waste, and volume and characteristics of waste. The form shall identify the type
of industry, known or suspected waste constituents, and whether any wastes are
RCRA hazardous wastes.
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis
When requested by the Town Manager, a user must submit information on the nature and
characteristics of its wastewater within ten (10) days of the request. The Town Manager
12
SEWER USE ORDINANCE
is authorized to prepare a form for this purpose and may periodically require users to
update this information.
4.2 Wastewater Discharge Permit Requirement
A. No significant industrial user shall discharge wastewater into the POTW without
first obtaining a wastewater discharge permit from the Town Manager, except that
a significant industrial user that has filed a timely application pursuant to Section
4.3 of this ordinance may continue to discharge for the time period specified
therein.
B. The Town Manager may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of this ordinance and subjects the wastewater discharge
permittee to the sanctions set out in Sections 10 through 12 of this ordinance.
Obtaining a wastewater discharge permit does not relieve a permittee of its
obligation to comply with all Federal and State pretreatment standards or
requirements or with any other requirements of Federal, State, and local law.
4.3 Wastewater Discharge Permitting: Existing Connections
Any user required to obtain a wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who wishes to
continue such discharges in the future, shall, within thirty (30) days after said date, apply
to the Town of Leesburg for a wastewater discharge permit in accordance with Section
4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue
after thirty (30) days of the effective date of this ordinance except in accordance with a
wastewater discharge permit issued by the Town Manager.
4.4 Wastewater Discharge Permitting: New Connections
Any user required to obtain a wastewater discharge permit that proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning
or recommencing of such discharge. An application for this wastewater discharge permit,
in accordance with Section 4.5 of this ordinance, must be filed at least thirty (30) days
prior to the date upon which any discharge will begin or recommence.
4.5 Wastewater Discharge Permit Application Contents
All users required to obtain a wastewater discharge permit must submit a permit
application. The Town Manager may require all users to submit as part of an application
the following information:
13
SEWER USE ORDINANCE
A. All information required by Section 6.1(B) of this ordinance;
B. Description of activities, facilities, and plant processes on the premises, including
a list of all raw materials and chemicals used or stored at the facility which are, or
could accidentally or intentionally be, discharged to the POTW;
C. Hours of operation, and proposed hours of operation;
D. Each product produced by type, amount, process or processes, and rate of
production;
E. Type and amount of raw materials processed (average and maximum per day);
F. Site plans, floor plans, mechanical and plumbing plans, and details to show all
sewers, floor drains, and appurtenances by size, location, and elevation, and all
points of discharge;
G. Time and duration of discharges; and
H. Any other information as may be deemed necessary by the Town Manager to
evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the
user for revision.
4.6 Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations. "
4.7 Wastewater Discharge Permit Decisions
The Town Manager will evaluate the data furnished by the user and may require
additional information. Within thirty (30) days of receipt of a complete wastewater
discharge permit application; the Town Manager will determine whether or not to issue a
wastewater discharge permit. The Town Manager may deny any application for a
wastewater discharge permit.
14
SEWER USE ORDINANCE
SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. A wastewater discharge permit may
be issued for a period less than five (5) years, at the discretion of the Town Manager.
Each wastewater discharge permit will indicate a specific date upon which it will expire.
5.2 Wastewater Discharge Permit Contents
A wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the Town Manager to prevent pass through or interference, protect the
quality of the water body receiving the treatment plant's effluent, protect worker health
and safety, facilitate sludge management and disposal, and protect against damage to the
POTW.
5.3 Wastewater Discharge Permit Appeals
The Town Manager shall provide public notice of the issuance of a wastewater discharge
permit. Any person, including the user, may petition the Town Manager to reconsider the
terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of
the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge permit
provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed pending
the appeal.
D. If the Town Manager fails to act within sixty (60) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a
wastewater discharge permit, not to issue a wastewater discharge permit, or not to
modify a wastewater discharge permit shall be considered final administrative
actions for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative wastewater
discharge permit decision must do so by filing a complaint with the Circuit Court
for Loudoun County within thirty (30) days of the final administrative action or, if
no action is taken within ninety (90) days from the date the appeal is filed.
5.4 Wastewater Discharge Permit Modification
The Town Manager may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
15
SEWER USE ORDINANCE
A. To incorporate any new or revised Federal, State, or local pretreatment standards
or requirements;
B. To address significant alterations or additions to the user's operation, processes,
or wastewater volume or character since the time of wastewater discharge permit
issuance;
C. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
D. Information indicating that the permitted discharge poses a threat to the Town's
POTW, Town personnel, or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR § 403.13;
H. To correct typographical or other errors in the wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or
operator.
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least 30 days advance notice to the Town Manager and the Town
Manager approves the wastewater discharge permit transfer. The notice to the Town
Manager must include a written certification by the new owner or operator which:
A. States that the new owner and /or operator has no immediate intent to change the
facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit
void as of the date of facility transfer.
5.6 Wastewater Discharge Permit Revocation
The Town Manager may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
16
SEWER USE ORDINANCE
A. Failure to notify the Town Manager of significant changes to the wastewater prior
to the changed discharge;
B. Failure to provide prior notification to the Town Manager of changed conditions
pursuant to Section 6.5 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
D. Falsifying self - monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Town Manager timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit
application;
L. Failure to provide advance notice of the transfer of business ownership of a
permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the
wastewater discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer
of business ownership. All wastewater discharge permits issued to a particular user are
void upon the issuance of a new wastewater discharge permit to that user.
5.7 Wastewater Discharge Permit Reissuance
A user with an expiring wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete permit application, in accordance with
Section 4.5 of this ordinance, a minimum of ten (10) days prior to the expiration of the
user's existing wastewater discharge permit.
17
SEWER USE ORDINANCE
SECTION 6 - REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreatment standard, or the final administrative decision on a
category determination under 40 CFR § 403.6(a)(4), whichever is later, existing
categorical users currently discharging to or scheduled to discharge to the POTW
shall submit to the Town Manager a report which contains the information listed
in paragraph B, below. At least ninety (90) days prior to commencement of their
discharge, new sources, and sources that become categorical users subsequent to
the promulgation of an applicable categorical standard, shall submit to the Town
Manager a report which contains the information listed in paragraph B, below. A
new source shall report the method of pretreatment it intends to use to meet
applicable categorical standards. A new source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including
the name of the operator and owner.
(2) Environmental Permits. A list of any environmental control permits held
by or for the facility.
(3) Description of Operations. A brief description of the nature, average rate
of production, and standard industrial classifications of the operation(s)
carried out by such user. This description should include a schematic
process diagram, which indicates points of discharge to the POTW from
the regulated processes.
(4) Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated
process streams and other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR § 403.6(e).
(5) 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 Town Manager, 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
18
SEWER USE ORDINANCE
and shall be analyzed in accordance with procedures set out in
Section 6.10 of this ordinance.
(c) Sampling must be performed in accordance with procedures set out
in Section 6.9 of this ordinance.
(6) Certification. A statement, reviewed by the user'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.
(7) Compliance Schedule. 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 and /or O &M.
The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in
Section 6.2 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section 4.6 of this ordinance.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section
6.1(B)(7) of this ordinance:
A. The schedule shall contain progress increments 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 (such events include, but are not limited to, hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, and beginning and
conducting routine operation);
B. No increment referred to above shall exceed nine (9) months;
C. The user shall submit a progress report to the Town Manager no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and, if appropriate, the steps
being taken by the user to return to the established schedule; and
D. In no event shall more than nine (9) months elapse between such progress reports
to the Town Manager.
19
SEWER USE ORDINANCE
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, or in the case of a new source following
commencement of the introduction of wastewater into the POTW, any user subject to
such pretreatment standards and requirements shall submit to the Town Manager a report
containing the information described in Section 6.1(B)(4 -6) of this ordinance. For users
subject to equivalent mass or concentration limits established in accordance with the
procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the
user's long -term production rate. For all other users subject to categorical pretreatment
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. All compliance reports must be signed and certified in
accordance with Section 4.6 of this ordinance.
6.4 Periodic Compliance Reports
A. All significant industrial users shall, at a frequency determined by the Town
Manager but in no case less than twice per year (in June and December), submit a
report indicating the nature and concentration of pollutants in the discharge which
are limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports
must be signed and certified in accordance with Section 4.6 of this ordinance.
B. All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a user to keep its monitoring facility in good working order shall not be
grounds for the user to claim that sample results are unrepresentative of its
discharge.
C. If a user subject to the reporting requirement in this section monitors any pollutant
more frequently than required by the Town Manager, using the procedures
prescribed in Section 6.9 of this ordinance, the results of this monitoring shall be
included in the report.
6.5 Reports of Changed Conditions
Each user must notify the Town Manager of any planned significant changes to the user's
operations or system, which might alter the nature, quality, or volume of its wastewater at
least fifteen (15) days before the change.
A. The Town Manager 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 Section 4.5 of this ordinance.
B. The Town Manager may issue a wastewater discharge permit under Section 4.7 of
this ordinance or modify an existing wastewater discharge permit under Section
20
SEWER USE ORDINANCE
5.4 of this ordinance in response to changed conditions or anticipated changed
conditions.
C. For purposes of this requirement, significant changes include, but are not limited
to, flow increases of twenty percent (20 %) or greater, and the discharge of any
previously unreported pollutants.
6.6 Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a
slug load, that may cause potential problems for the POTW, the user shall
immediately telephone and notify the Town Manager of the incident. This
notification shall include the location of the discharge, type of waste,
concentration and volume, if known, and corrective actions taken by the user.
B. Within five (5) days following such discharge, the user shall, unless waived by
the Town Manager, submit a detailed written report describing the cause(s) 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
POTW, natural resources, or any other damage to person or property; nor shall
such notification relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all employees, who
may cause such a discharge to occur, are advised of the emergency notification
procedure.
6.7 Reports from Un- permitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the Town Manager as the Town Manager may require.
6.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Town
Manager within twenty -four (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 Town Manager within thirty (30) days after becoming aware of the violation. The
user is not required to resample if the Town Manager monitors at the user's facility at
least once a month, or if the Town Manager samples between the user's initial sampling
and when the user receives the results of this sampling.
21
SEWER USE ORDINANCE
6.9 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, sampling and analyses must be
performed in accordance with procedures approved by EPA.
6.10 Sample Collection
A. Except as indicated in Section B, below, the user must collect wastewater samples
using flow proportional composite collection techniques. In the event flow
proportional sampling is infeasible, the Town Manager may authorize the use of
time proportional sampling or a minimum of four (4) grab samples where the user
demonstrates that this will provide a representative sample of the effluent being
discharged. In addition, grab samples may be required to show compliance with
instantaneous discharge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
6.11 Timing
Written reports will be deemed to have been submitted on the date postmarked. For
reports, which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt of the report shall govern.
6.12 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by this ordinance and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements. Records shall include the date, exact place, method, and time of sampling,
and the name of the person(s) taking the samples; the date's analyses were performed;
who performed the analyses; the analytical techniques or methods used; and the results of
ilable for a period of at such analyses. These records an extended for the duration oflany litigation
years. This period shall be automatically
concerning the user or the Town of Leesburg, or where the Town Manager has
specifically notified the user of a longer retention period.
22
SEWER USE ORDINANCE
SECTION 7 - COMPLIANCE MONITORING
7.1 Right of Entry: Inspection and Sampling
The Town Manager shall have the right to enter the premises of any user to determine
whether the user is complying with all requirements of this ordinance and any wastewater
discharge permit or order issued hereunder. Users shall allow the Town Manager ready
access to all parts of the premises for the purposes of inspection, sampling, records
examination and copying, and the performance of any additional duties.
A. Where a user has security measures in force, which require proper identification
and clearance before entry into its premises, the user shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the Town Manager will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B. The Town Manager shall have the right to set up on the user's property, or require
installation of, such devices as are necessary to conduct sampling and /or metering
of the user's operations.
C. The Town Manager may require the user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the user at its own
expense. All devices used to measure wastewater flow and quality shall be
calibrated annually to ensure their accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and /or sampled shall be promptly removed by the user at the written
or verbal request of Town Manager and shall not be replaced. The costs of
clearing such access shall be born by the user.
E. Unreasonable delays in allowing the Town Manager access to the user's premises
shall be a violation of this ordinance.
7.2 Search Warrants
If the Town Manager has been refused access to a building, structure or property, he or
she may obtain a search warrant upon demand.
SECTION 8 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit
applications, wastewater discharge permits, and monitoring programs, and from the Town
Manager inspection and sampling activities, shall be available to the public without restriction,
unless the user specifically requests, and is able to demonstrate to the satisfaction of the Town
Manager, that the release of such information would divulge information, processes, or methods
of production entitled to protection as trade secrets under applicable State law. Any such request
must be asserted at the time of submission of the information or data. When requested and
23
SEWER USE ORDINANCE
demonstrated by the user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available immediately upon request to
governmental agencies for uses related to the NPDES program or pretreatment program, and in
enforcement proceedings involving the person furnishing the report. Wastewater constituents
and characteristics and other effluent data as defined by 40 CFR § 2.302 will not be recognized
as confidential information and will be available to the public without restriction.
SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Town Manager shall publish annually, in the largest daily newspaper published in the Town
of Leesburg where the POTW is located, a list of the users, which, during the previous twelve
(12) months, were in significant noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which
sixty -six percent (66 %) or more of wastewater measurements taken during a six -
(6- ) month period exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty -
three percent (33 %) or more of wastewater measurements taken for each pollutant
parameter during a six- (6 -) month period equals or exceeds 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 other pollutants except pH);
C. Any other discharge violation that the Town Manager believes has caused, alone
or in combination with other discharges, interference or pass through, including
endangering the health of POTW personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the public
or to the environment, or has resulted in the Town Manager's exercise of its
emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining final
compliance;
F. Failure to provide within thirty (30) days after the due date, any required reports,
including baseline monitoring reports, reports on compliance with categorical
pretreatment standard deadlines, periodic self - monitoring reports, and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which the Town Manager determines, will adversely affect
the operation or implementation of the local pretreatment program.
24
SEWER USE ORDINANCE
SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
When the Town Manager finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, the Town Manager may serve upon that
user a written Notice of Violation. Within thirty (30) days of the receipt of this notice, an
explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted by the user to Town
Manager. Submission of this plan in no way relieves the user of liability for any
violations occurring before or after receipt of the Notice of Violation. Nothing in this
section shall limit the authority of the Town Manager to take any action, including
emergency actions or any other enforcement action, without first issuing a Notice of
Violation.
10.2 Consent Orders
The Town Manager may enter into Consent Orders, assurances of voluntary compliance,
or other similar documents establishing an agreement with any user responsible for
noncompliance. Such documents will include specific action to be taken by the user to
correct the noncompliance within a time period specified by the document. Such
documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 10.4 and 10.5 of this ordinance and shall be judicially enforceable.
10.3 Show Cause Hearing
The Town Manager may order a user which has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, to appear before the Town Manager and
show cause why the proposed enforcement action should not be taken. Notice shall be
served on the user specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and a request that the user show cause
why the proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt requested) at
least ten (10) days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
10.4 Compliance Orders
When the Town Manager finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, Town Manager may issue an order to the
user responsible for the discharge directing that the user come into compliance within a
specified time. If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. Compliance orders also may
25
SEWER USE ORDINANCE
contain other requirements to address the noncompliance, including additional self -
monitoring and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a compliance order
relieve the user of liability for any violation, including any continuing violation. Issuance
of a compliance order shall not be a bar against, or a prerequisite for, taking any other
action against the user.
10.5 Cease and Desist Orders
When the Town Manager finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit or order issued hereunder, or
any other pretreatment standard or requirement, or that the user's past violations are
likely to recur, the Town Manager may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and /or
terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
10.6 Administrative Fines
A. When the Town Manager finds that a user has violated, or continues to violate,
any provision of this ordinance, a wastewater discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, Town Manager
may fine such user in an amount not to exceed $1000 Such fines shall be assessed
on a per violation, per day basis. In the case of monthly or other long -term
average discharge limits, fines shall be assessed for each day during the period of
violation.
B. Unpaid charges, fines, and penalties shall, after one (1) calendar day, be assessed
an additional penalty of ten percent (10 %) of the unpaid balance. A lien against
the user's property will be sought for unpaid charges, fines, and penalties.
C. Users desiring to dispute such fines must file a written request for the Town
Manager to reconsider the fine along with full payment of the fine amount within
fifteen (15) days of being notified of the fine. Where a request has merit, the
Town Manager may convene a hearing on the matter. In the event the user's
appeal is successful, the payment, together with any interest accruing thereto,
shall be returned to the user. The Town Manager may add the costs of preparing
administrative enforcement actions, such as notices and orders, to the fine.
26
SEWER USE ORDINANCE
D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for,
taking any other action against the user.
10.7 Emergency Suspensions
The Town Manager may immediately suspend a user's discharge, after informal notice to
the user, whenever such suspension is necessary to stop an actual or threatened discharge,
which reasonably appears to present, or cause an imminent or substantial endangerment
to the health or welfare of persons. The Town Manager may also immediately suspend a
user's discharge, after notice and opportunity to respond, that threatens to interfere with
the operation of the POTW, or which presents, or may present, an endangerment to the
environment.
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of a user's failure to immediately comply
voluntarily with the suspension order, Town Manager may take such steps as
deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW, its receiving stream, or endangerment
to any individuals. The Town Manager may allow the user to recommence its
discharge when the user has demonstrated to the satisfaction of the Town
Manager that the period of endangerment has passed, unless the termination
proceedings in Section 10.8 of this ordinance are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing the
causes of the harmful contribution and the measures taken to prevent any future
occurrence, to the Town Manager prior to the date of any show cause or
termination hearing under Sections 10.3 or 10.8 of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
10.8 Termination of Discharge
In addition to the provisions in Section 5.6 of this ordinance, any user who violates the
following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
C. Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
D. Refusal of reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling; or
27
SEWER USE ORDINANCE
E. Violation of the pretreatment standards in Section 2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an
opportunity to show cause under Section 10.3 of this ordinance why the proposed action
should not be taken. Exercise of this option by Town Manager shall not be a bar to, or a
prerequisite for, taking any other action against the user.
SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
When the Town Manager finds that a user has violated, or continues to violate, any
provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or
any other pretreatment standard or requirement, the Town Manager may petition the
Circuit Court through the Town of Leesburg's Attorney for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels the specific
performance of the wastewater discharge permit, order, or other requirement imposed by
this ordinance on activities of the user. The Town Manager may also seek such other
action as is appropriate for legal and /or equitable relief, including a requirement for the
user to conduct environmental remediation. A petition for injunctive relief shall not be a
bar against, or a prerequisite for, taking any other action against a user.
11.2 Civil Penalties
A. A user who has violated, or continues to violate, any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement shall be liable to the Town for a civil penalty, not to
exceed the maximum fine allowed for a Class 1 misdemeanor, for every such
violation assessed at $1000 per occurrence. Each day on which a violation exists
shall constitute a separate violation.
B. The Town Manager may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the Town of
Leesburg.
C. In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration of the violation, any economic benefit
gained through the user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for,
taking any other action against a user.
28
SEWER USE ORDINANCE
11.3 Criminal Prosecution
Any Person who willfully or negligently violates any provision of this Ordinance, any
order or permit issued hereunder, or any other pretreatment requirement, shall, upon
conviction, be guilty of a Class 1 misdemeanor and punishable by the maximum fine or
imprisonment, or both fine and imprisonment, as provided by law. Each day for which a
violation is proven shall constitute a separate violation.
11.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Town Manager may
take any, all, or any combination of these actions against a noncompliant user.
Enforcement of pretreatment violations will generally be in accordance with the Town's
enforcement response plan. However, the Town Manager may take other action against
any user when the circumstances warrant. Further, the Town Manager is empowered to
take more than one enforcement action against any noncompliant user.
SECTION 12 - SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
The Town Manager may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this ordinance, a previous
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless such user first files a satisfactory bond, payable to the
Town of Leesburg, in a sum not to exceed a value determined by the Town Manager to
be necessary to achieve consistent compliance.
12.2 Liability Insurance
The Town Manager may decline to issue or reissue a wastewater discharge permit to any
user who has failed to comply with any provision of this ordinance, a previous
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair damage to the POTW caused by its discharge.
12.3 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance, a
wastewater discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, water service to the user may be severed. Service will only
recommence, at the user's expense, after it has satisfactorily demonstrated its ability to
comply.
12.4 Public Nuisances
A violation of any provision of this ordinance, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a
29
SEWER USE ORDINANCE
public nuisance and shall be corrected or abated as directed by the Town Manager. Any
person(s) creating a public nuisance shall be subject to the provisions of the Town Code
Section 15 -33 and Section 15 -34 governing such nuisances, including reimbursing the
Town of Leesburg for any costs incurred in removing, abating, or remedying said
nuisance.
12.5 Contractor Listing
Users, which have not achieved compliance with applicable pretreatment standards and
requirements, are not eligible to receive a contractual award for the sale of goods or
services to the Town of Leesburg. Existing contracts for the sale of goods or services to
the Town of Leesburg held by a user found to be in significant noncompliance with
pretreatment standards or requirements may be terminated at the discretion of the Town
Manager.
SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset
A. For the purposes of this section, upset means an exceptional incident in which
there is unintentional and temporary noncompliance with categorical pretreatment
standards because of factors beyond the reasonable control of the user. An upset
does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of
paragraph (c), below, are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman -like
manner and in compliance with applicable operation and maintenance
procedures; and
(3) The user has submitted the following information to the Town Manager
within twenty -four (24) hours of becoming aware of the upset. If this
information is provided orally, a written submission must be provided
within five (5) days.:
(a) A description of the indirect discharge and cause of
noncompliance;
30
SEWER USE ORDINANCE
(b) The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is
expected to continue; and
(c) Steps being taken and /or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
D. In any enforcement proceeding, the user seeking to establish the occurrence of an
upset shall have the burden of proof.
E. Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
F. Users shall control production of all discharges to the extent necessary to maintain
compliance with categorical pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation where,
among other things, the primary source of power of the treatment facility is
reduced, lost, or fails.
13.2 Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1(A) of this ordinance or the
specific prohibitions in Sections 2.1(B) of this ordinance (except as noted) if it can prove
that it did not know, or have reason to know, that its discharge, alone or in conjunction
with discharges from other sources, would cause pass through or interference and that
either:
A. A local limit exists for each pollutant discharged and the user was in compliance
with each limit directly prior to, and during, the pass through or interference; or
B. No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the Town of Leesburg was
regularly in compliance with its NPDES permit, and in the case of interference,
was in compliance with applicable sludge use or disposal requirements.
13.3 Bypass
A. For the purposes of this section,
(1) Bypass means the intentional diversion of wastestreams from any portion
of a user's treatment facility.
(2) Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which
31
SEWER USE ORDINANCE
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 paragraphs (C) and (D) of this section.
C. (1) If a user knows in advance of the need for a bypass, it shall submit prior
notice to the Town Manager, at least ten (10) days before the date of the
bypass, if possible.
(2) A user shall submit oral notice to the Town Manager of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty -four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) 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. The Town
Manager may waive the written report on a case -by -case basis if the oral
report has been received within twenty -four (24) hours.
D. (1) Bypass is prohibited, and the Town Manager 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 downtime. This
condition is not satisfied if adequate back -up equipment should
have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The user submitted notices as required under paragraph (c) of this
section.
(2) The Town Manager may approve an anticipated bypass, after considering
its adverse effects, if the Town Manager determines that it will meet the
three conditions listed in paragraph (D)(1) of this section.
32
SEWER USE ORDINANCE
SECTION 14 — WASTEWATER TREATMENT RATES
Hauler
Source
Annual Volume
Charge
(Gallons)
Town of Leesburg
Sewer Line Cleaning
50,000
N/A
Private Campers
Holding Tanks
600
N/A
Private Pumpers
Septage from Within
20,000
$20 / 1,000 gallons
Town of Leesburg
Private Pumpers
Septage from Outside
N/A
$50 / 1,000 gallons
the Town of Leesburg
(on emergency basis
only)
Private Pumpers
Pump Station
10,000
N/A
Maintenance (from
within Town of
Leesburg)
Private Pumpers
Private Pump & Haul
5,000
$5 / 1,000 gallons
Facilities
LCSA
Sewer Line Cleaning,
20,000
$120 / Load
Sludge form Small
WWTP's
Not Acceptable
Grease Trap Waste
N/A
N / A
Not Acceptable
Grit Trap Waste
N/A
N / A
Not Acceptable
Oil /Water Separators
N/A
N / A
Imported Waste Activated Sludge (WAS) $30 / 1,000 gallons
Heavy equipment rental (with operator) $50 / ton
SECTION 15 - MISCELLANEOUS PROVISIONS
15.1 Pretreatment Charges and Fees
The Town of Leesburg may adopt reasonable fees for reimbursement of costs of setting
up and operating the Town's Pretreatment Program, which may include:
A. Fees for wastewater discharge permit applications including the cost of processing
such applications;
B. Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a user's discharge, and reviewing monitoring reports
submitted by users;
C. Fees for reviewing and responding to accidental discharge procedures and
construction;
33
SEWER USE ORDINANCE
D. Fees for filing appeals; and
E. Other fees as the Town of Leesburg may deem necessary to carry out the
requirements contained herein. These fees relate solely to the matters covered by
this ordinance and are separate from all other fees, fines, and penalties chargeable
by the Town of Leesburg.
15.2 Severability
If any court of competent jurisdiction invalidates any provision of this ordinance, the
remaining provisions shall not be effected and shall continue in full force and effect.
SECTION 16 — GREASE, OIL AND SAND INTERCEPTORS
Grease, oil and sand interceptors shall be provided when they are necessary for the proper
handling of liquid 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 interceptors shall be of a type and capacity approved by the
municipal manager, and shall be located as to be readily and easily accessible for cleaning and
inspection.
SECTION 17 — CONTROL MANHOLE FOR OBSERVATION, SAMPLING, ETC. OF
INDUSTRIAL WASTE
When required by the municipal manager, 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 constructed in
accordance with plans approved by the municipal manager. 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.
SECTION 18 — METHOD AND PLACE OF MEASURING, TESTING, ETC. WASTES
All measurements, tests and analyses of the characteristics of waters and wastes to which
reference is made in this article shall be determined in accordance with the latest edition of
Standard Methods for the Examination of Water and Waste Water, published by the American
Public Health Association, and shall be determined at the control manhole provided in accord
with section 15 -37, or upon suitable samples taken at such 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.
34
SEWER USE ORDINANCE
SECTION 19 — SPECIAL ARRANGEMENTS FOR ACCEPTANCE OF INDUSTRIAL
WASTES
No statement contained in this article shall be construed as preventing any special agreement or
arrangement between the town and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the town for treatment, subject to payment
therefor, by the industrial concern.
SECTION 20 — RIGHT OF ENTRY TO ENFORCE ARTICLE
The town manager and duly authorized employees of the town bearing proper credentials and
identification shall be permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing, in accordance with the provisions of this article.
SECTION 21 - EFFECTIVE DATE
This ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law.
35