HomeMy Public PortalAbout2009_08_11_O-12 - Setting Utility Rates:.,
I }te `i~oti?rt ra•f
Y ~ ~ ~~ ~ ~~ PRI,SENTED: Aust 1 }.2(}4}9
C}RDINANGE NO: 24709-0-{7I2 ADOP"I'EI7: August 1 } 2049
AN CJRDINANCE; `I'O AMEND (IN Pt1RT} AND REt?ItDAIN GIIAP"1'LR ~4, ARTICLE I
{I2ESE~~iF,D}, t112TlehF II (V1aATER SYSTEM}, AND ARTICLE III:.
(SEWERS AND SEIATAGE DISPOSAL), FORMERLY CHAPTER I9
(WATER] AND CIIAPTF,R 15 {SEt~jERS ,<~N1C7 SEWi~G}s DISP43SAL}
AND "fIIE FEES; RATES, AND CILARCiES AS REFi1RENCEI) 1N
CHr1P`FEI2 3rl C?F TIIE CODE OF `I'HEi TOWN OF LEESBt1RG
GVIIEREAS, floe Town Council of the "1`ativn of Leesburgstates the fallowing as its:
Rifcita}s ant} find}ngs;
Rl: the Circuit Court of LQUdoun Count} enured a Finial Order iir the case styles! ~iardano
v Town of l.eesburty (the "Ui~t•i~aaaa Action") drat held that the rate: provisions aF the
Tai~~h Counei~ts 2005 Rate Orditiatrce were utu~easohab}e and invalid.
R2. The Town Council was'not a part} to the Grr~rdarao tlefiorz.
R3. `Elie Totivn has appealed tare decision of the Circuit Court to the Supreme Court of
Virginia hr the Gzoa•dann Actiaaa, The Circuit Caurt'lenied then "T'own's xirotian tct suspend
the judgment pending the appca}.
R~. Torn Council adopts this Ordinance to 'camp}y with the renttiretneuts of the Circtut:
Ccaitt~'s Finai Order iti the Giozr7craao Actt~n applicable to t}xe Totivn and subject to the:
Towix's Appe11. T'he Ctxunail is adapting tlxe rates.: "under protest" as I'ailttrc to do so
could resu}t iti the `I`owia beiaxg found in contempt of the Latzdoun Cotiuty Circuit Cotart
Order.
R5. The'Girauit Oourt's Final Order does not ~xreclttde the Tawn'fiotu establishing differing
rates that are: objectively reasonable, }ax~~fuL and consistent. with the findings of thee:
Circuit Cottrt.
R6_ Tho Court used the "C7tility Rite Metliad" as propounded b}~ tlxe conxplainants in
dete;i?nining what the ~out2 believed to beta "fah• and reasonable" rate..
R'1. 'I'he'potivn retahxcd engineering a9nsuhantDraper-Aden to candnct wa#er and wastewater
cost iaf service analysis ['or the period aF FY 2010.
RS. Tlxe'current user rate set Forth in'the 2t705 Rate Ordinance t~erc not calculated taased on
the lJtilit}~ Rate Method ordered Uy the Cucuii Court of Lottdoun County.
R9, Draper-Aden. 3ras advised ilae 'TovG~n that the Utility Rate Method is riot an appropriate
metluxd to use in ftxialg the Tov~~it's water arrd wastevvater~ users rates. Draper-Aden has.
965~lat282')597ui :.
-2-
AN ORDINANCE: TO AMEND (IN PART) AND REORDAIN CHAPTER 34, ARTICLE I
(RESERVED), ARTICLE II (WATER SYSTEM), AND ARTICLE III
(SEWERS AND SEWAGE DISPOSAL), FORMERLY CHAPTER 19
(WATER) AND CHAPTER IS (SEWERS AND SEWAGE DISPOSAL)
AND THE FEES, RATES, AND CHARGES AS REFERENCED IN
CHAPTER 34 OF THE CODE OF THE TOWN OF LEESBURG
advised the Town Council that the "Cash Needs Me[hod" is the best and most appropriate
method for calculating water and wastewater user rates.
R10. Draper-Aden has advised the Town Council that using the Utility Rate Method as ordered
by the Circuit Court will cause. significant rate disruption in future years.
Rl 1. Based on a1Lof the information available to the Town Council, the Town Council has
concluded that the Town cannot use the Utility Rate Method as ordered by the Loudoun
County Circuit Court over a period of years to fix reasonable water and wastewater rates.
RI2. The Town Council has concluded thatthe Cash Needs Method or an alternative Utility
Rate Method will result in a more reasonable and fair rate and rate .structure for all
customers of the Town's utility systems.
R13. The Town Council has concluded that a user surcharge for out of town customers is valid
and reasonable and reflects the "owner's risk" of the Town with respect to the cost of
financing, constructing, operating and maintaining the Town's utility systems, higher
service costs and other factors.
R14. The Town Council believes that the Circuit Court has ordered the Town to adopt a rate
sturucture based on the inappropriate Utility Rate Method.
R15. The Town .Council thinks that the Code of Virginia .grants .the. Town .Council the
legislative discretion infixing water and wastewater rates, for fixing suchxates based on
a reasonable calculation method :including the Cash Needs Method, and to fix a user
surcharge for out of town customers as may be determined reasonable in the legislative
discretion of the Town Council. "
R16. The Town Council anticipates reconsidering and revising the rate structure based on the
decision and ruling of the.Supreme .Court of Virginia in the Giordano Action including
the reinstatement of a reasonable rate structure based on the Cash Needs Method and
including an out of town user surcharge to be determined by the Town Council.
R17. The Town of Leesburg is committed to fair. and equitable user rates for water and sewer
services.
R18. The amendment of the Town's Cross-Connection and Backflow Prevention Control
Program, Chapter 34, Division 3 of the Town Code, is required to achieve compliance
with the Virginia Department of Health Regulations.
P:\Ordinances\2009\0811 Utilities.doc 8/122009
-3-
AN ORDINANCE: TO AMEND (IN PART) AND REORDAIN CHAPTER 34, ARTICLE I
(RESERVED), ARTICLE II (WATER SYSTEM), AND ARTICLE III
(SEWERS AND SEWAGE DISPOSAL), FORMERLY CHAPTER 19
(WATER) AND CHAPTER IS (SEWERS AND SEWAGE DISPOSAL)
AND THE FEES, RATES, AND CHARGES AS REFERENCED IN
CHAPTER 34 OF THE CODE OF THE TOWN OF LEESBURG
R19. The amended Cross-Connection and Backflow Prevention Control Program shall be
incorporated by reference and made apart of the ordinance below, as if fully set out in
the Code.
R20.. The amended Sewer Use Regulations ace renamed from the previously known Sewer Use
Ordinance.
R21. The Drought Response Plan is renamed and shall be incorporated by reference and made
apart of the ordinance below, as if fully set out in the Code.
R22. The Town Council conducted public work sessions and hearings on July 13, July 14, July
28, August 10, and August 11,2009 with respect to the proposed amendments.
NOW, THEREFORE, be it ORDAINED by the Council of the Town of Leesburg as
follows:
1. Amendments to Chapter 34. Chapter 34 of the Town of Leesburg Code
("Utilities"), as amended, is hereby amended to read as shown in Attachment "A"
attached hereto and incorporated herein.
2. Rate Schedule.
(a) The Town Council adopts the rate schedule set. forth. in Attachment "B"
attached hereto and incorporated herein.
(b) The Town Council adopts this rate schedule to comply with the
requirements of the Circuit Court's Final Order in the Giordano Action.
(c) The Town Council anticipates reconsidering and revising the rate structure
based on the decision and .ruling of he Supreme Court of Virginia in the Giordano
Action, including the reinstatement of a reasonablerate shuctw•e based on the Cash
Needs Method and including an out-of--town user surcharge. to be determined. by the
Town Council
3. Repeal. Chapter 34, Articles III Sec. 34-89 tluough 34-97 are hereby repealed.
4. Cross-Connection and Backflow. The Town Council hereby adopts the cross-
connection and backflow prevention control program as set forth in Attachment "C"
attached hereto and incorporated herein.
PaOrdinances\2009\0811 Utilities.doc 8/12/2009
~1-
AN t}RIJINtINCE: Tt? AMF,I~TD (IN PART} 11~D REC}RDA1lla ~ITAPTI3I3, ~4, ARTICLE I
(12ESE12VEI7}, ARTICLE II (MATER S1rSTEM}, AIvD ARTICLE III
{SEWERS AND SIwAGE DISPQSAL}, FL?RMt3RLY CHANTER 19
{'4~jATER} ANI~ cx~PTER is tsEti~~ERS Ar~D sEwAGE DISP~sAI,}
r1ND T1IE FF,E;S; RATES,. AI~kD CHARGES AS REEEI2ENCED IN
CHAPTER 34 {}F'THE CODE (JF TIME Tt?wN GF LEESI3[IRG
5; Sewer L7se Re~ulatians; The Tt~ivn Cauticil hecehy adopts the sower use
regulations as set Earth ri Attachment "D":attached het•eto and incorporated herein.
6. i~ronglit Re~c!rse Plan. The `l'awn Cciuncil haieby adtijats the drought
response plan: as set forth in attaclinent "E":attached and irrcocporated herein.
7. Incorpaiatian of Rentals by Reference. Tlie Town Crauncil hereby incorporates
the Recitals set forth abt}ve as par~Yof #his t~dinance.
8. Severability, h is the inteattian of the Tolvn Council that the sections, paragraphs;
sei~tenoes, elatises and phrases of this Otdinance are scverabte; and if atay phrase; clause,
sentence, paragraph or section o€ this {~rdiuanca shalt be declared itticanstitutional oi•
invalid by the valid judgment or decree of a eanrt of competent. jurisdictiati, such
uncoils€ittrtiorialit}' ar invalidity shall na# affect any of the i~emainiu~ phrases; clauses;
sentences, para#;raphs aiitl secticrtas of this (}rdirtance.
9. E"ffectt~e Date. This C7rdiirtnce shalt hecatue effective upon the date anti at the
tituc taf its final adoption and shall retrain in affect itiltil repeaied. 'I'IiiS C}rdinanee shall
be in effect for• billings tiller Sep#etnbar 1, 2x01; Artieie Ill, Section 3~t-155, as atnendedx
shah be effective January 1, 261.0 and 3~1-155 slat#II remain ~s ordained until Jatiaary 1,
20l' 0,
10: Reconsideration of 2005. Rates. A successfaal result for the Tovun of Leesburg ire
the Snprente Catu•t may. reinstate ttie 2005 Late ordinance. In the want tlto Suprernic Court
reveises andloi• vacates the decision afthe Circuit Court of Loudoun County, the Council
anticipates cansictering Elie rate issues as presarsted at that time: as a t•csttlt of the Supreri3e
Court's waling:.
PASSED this h,Ijt' day afAu zust;20(79.
~.~
tI~rrstet C. U tsfattd, Ma}rar
~'
Clerk afC~t>ueil
P':1C}rdina~ices120D9i08rt UtilitieSS(oC S112t36D4
Attachment A
ARTICLE II. WATER SYSTEM*
*State law references: Authority of town to acquire, establish, maintain and operate
waterworks, Code of Virginia, § 15.2-2109.
DIVISION 1. GENERALLY
Charaes mean other costs as established by town council.
unit.
Rate means amounts established by town council for consumption and use of
public water supply system.
Sec 34-19 Adequate supply required for buildings.
su I .
Sec.34-18. Definition.
(1) By connection to a public water supply system; or
(c) Connection to the town water supply is required in the following instances:
Editor's note• Water connections for mobile offices, S 18-8.
Sec. 34-20. Rules and regulations.
(a) Rules and regulations as are necessary and reasonable for the proper operation of the
water system may be promulgated by the town manager.
(b) The provisions of this article and any rules and regulations adopted as provided herein
shall be a part of the contract with every consumer supplied with water by the water system and
every such consumer shall be considered to have expressed his consent to such rules and
regulations.
(Code 1976, § 19-2; Ord. No. 77-0-8, § 1, 6-8-1977)
Sec. 34-21. Unauthorized sale of water.
No person shall sell water from the waier system to another person unless authorized
by town manager or his designee for any purpose, but this section shall not be construed to
prohibit the payment of water charges by one person for the benefit of another.
(Code 1976, § 19-3; Ord. No. 77-0-8, § 1, 6-8-1977)
Sec. 34-22. Damage or obstruction; cross connections; unauthorized
connections. tam
No person shall obstruct the water system. No person shall make any connection to tap
or draw water from the water system without first having received the permits to do so required
in this article.
(Code 1976, § 19-4; Ord. No. 77-0-8, § 1, 6-8-1977)
Sec. 34-23. Water supply, prohibited use, etc.
(a) No consumer shall draw water from the water system in amounts in excess of what can be
provided by the water system without limitation of or restriction of other consumers: use.
(b) Because variable conditions may arise in the operation and maintenance of the water
system, the supply of water to consumers is without guarantee of a fixed quantity, quality, purity
or temperature.
(c) Water supply through the town's water mains may be shut off without notice to consumers
due to i# breaks in mains, pumping equipment breakdown, reservoir, failure, construction,
reconstruction, repair, replacement, cleaning, extending or tapping of mains requires, and no
claims for damages of any nature whatsoever arising from such action will be paid.
(d) The drought assessment and water supply response plan, as may be amended from time
to time, is hereby incorporated herein by reference and made a part hereof as if fully set out in
this article.
(Code 1976, § 19-5; Ord. No. 77-0-8, § 1, 6-8-1977; Ord. No. 2008-0-08, §§ I--III, 4-8-2008)
Sec. 34-24. Compliance with specifications and regulations for construction of
mains and appurtenances.
It shall be unlawful for any person to fail, neglect or refuse to comply with those
specifications and requirements for the construction of public water mains and appurtenances
on file in the office of the town manager.
(Code 1963, § 25-11; Code 1976, § 19-17)
Sec. 34-25. Approval of extensions.
(a) No extension of the town waterworks shall be made for the purpose of serving users
located within or without the town, except upon the approval of such extension by the town
council. Any person desiring such an extension shall make application to the town council for
the approval thereof. Such application for approval shall be filed with the town manager and
shall be accompanied by plans and specifications which meet the standards of the town.
(b) The approval of an extension of the town waterworks shall be conditioned as follows:
(1) The waterworks shall be installed in accordance with plans and specifications approved by
the town council, and in accordance with the officially adopted sewer and water extension and
connection charge policy.
(2) The applicant has secured such easements or fee simple title, free of defects, as are
necessary, prior to construction, and upon completion, will convey, by appropriate instrument,
the completed system, easements and fee simple title to the town free of costs.
(3) Water service connections to lots served by the extension shall be available only when not
restricted by the state health department.
(4) The extension shall be completed in accordance with town subdivision and land
(Code 1963, §§ 25-12--25-15; Code 1976, § 19-18; Ord. No. 78-0-3, § 1, 1-25-1978)
Sec. 34-26. Permit to uncover lines, make connections, etc.
No unauthorized person shall uncover, make any connections with, use, alter or disturb
any public waterline or meter crock taex and appurtenances or use, alter, disturb or molest any
meter crock assembly, valve;-sestF pipe or other property of the town waterworks without first
obtaining a written permit from the town manager.
(Code 1963, § 25-3; Code 1976, § 19-19)
Sec. 34-27. Form of application for extension permit.
The application for a permit to extend the town water works shall be in a form approved
by the town council by resolution.
(Code 1963, §§ 25-16, 25-16.7; Code 1976, § 19-20; Ord. No. 82-0-35, § 1, 10-13-1982)
Sec. 34-28. Connection fee.
Before any person connects with or withdraws water from the town system, a fee for fhe
connection permit issued under sections 34-26 and 34-27 shall be paid in amounts established
by the town council. Connection permit fees shall be paid prior to the issuance of a zoning
permit.
(Code 1963, §§ 25-4, 25-5; Code 1976, § 19-21; Ord. No. 78-0-20, § 1, 7-26-1978; Ord. No. 91-
0-46, § 2, 10-9-1991; Ord. No. 95-0-13, § 2, 5-9-1995; Ord. No. 2001-07-7, § I, 5-8-2001; Ord.
No. 2001-0-11, § II, 7-24-2001)
Sec. 34-29. Availability charges for water service.
(a) Before any person connects wish or withdraws water from the town water system or
extends water use on any premises to any additional dwelling, nonresidential, commercial or
industrial use, a water service availability fee shall be paid in amounts provided below in
addition to fees prescribed in sections 34-28. and-34-1-25:
(b) The water connection and water service availability fees shall be paid prior to the issuance
of a zoning permit or, where no zoning permit is required, before extension of water service to
any new or additional use on the premises, provided however that in the event the availability
fee per connection is in excess of $10,000.00, the amount owed exceeding $10,000.00 may be
paid in installments pursuant to a contract that has been approved by the town manager. Such
contract shall provide for not more than 24 monthly installments and shall provide for interest to
be paid on the unpaid balance at the legal judgment rate or six percent per annum, whichever is
greater. Surety to the satisfaction of the town manager shall be required. The unpaid principal
may be paid in full without penalty at any time. If any installment is not paid when due, the entire
remaining balance shall be immediately due and payable. The town manager shall discontinue
water service to premises for which the fees required in this article remain unpaid for ten days
from the date of notice of the amount of such fees to the owner. Should the water service
(c) The abandonment or discontinuance of a water system or the reduction of water system
use does not entitle any person to refund of fees paid.
(d) The fees provided in this section shall not apply to single-family dwellings existing within
the town on June 10, 1970, and which are continued in single-family residential use after
connection to the water system.
(e) Water system availability rates fees shall be as established by the town council. Fees
shall be calculated upon the rates set by the town council.
(f) When applicable, public facility fees and charges shall be determined by the town
manager based on accepted engineering standards for water supply. The town council shall
hear and decide appeals from determinaiions of fees by the town manager.
(g) If any person enlarges a structure or extends the use of the town water system to any new
or additional use on a premises, an nenresideatia~availability fee shall be paid for the additional
use, whether or not a new or enlarged connection is required. This subsection shall not apply to
the adaptive reuse of an existing structure within the town's H-1 historic district which is served
by an adequate water service connection.
(Code 1963, §§ 25-7.1, 25-16.1; Code 1976, § 19-23; Ord. of 9-24-1975; Ord. No. 79-0-5, § 1,
3-14-1979; Ord. No. 81-0-6, § 1, 3-25-1981; Ord. No. 84-0-39, § 1, 8-22-1984; Ord. No. 88-0-
22, § II, 6-22-1988; Ord. No. 91-0-46, § 2, 10-9-1991; Ord. No. 92-0-17, § 1, 6-23-1993; Ord.
No. 95-0-13, § 2, 5-9-1995; Ord. No. 95-0-14, § 2, 5-23-1995; Ord. No. 97-0-16, 5-27-1997;
Ord. No. 2001-0-7, § II, 5-8-2001; Ord. No. 2003-0-03, 2-25-2003; Ord. No. 2006-0-66, § II, 10-
11-2006)
Sec. 34-30. Fees for water conveyance facilities.
(a} When the town council from time to time finds and declares by resolution that all or part of
the actual cost incurred by the town including interest for constructing specific water
conveyance facilities shall be paid on a pro rata basis under the terms of this section, a
benefited property owner or developer shall pay the fees established herein at such lime as
connections are made directly or indirectly to the facilities. The resolution shall apportion the
total cost of the facility on a pro rata basis between the town, in the event the facility is partly of
general benefit to water system users, and future users based on established engineering
estimates of water flows in gallons per day. The resolution shall further establish the amount of
interest to be added to the total cost of the facilities from time of the installation to the iime the
charge is paid by the property owner or developer.
(b) The town manager shall maintain for public inspection a record in map or other form of
facilities subject to the fees provided herein.
(c) The fees prescribed herein shall be paid to the town at the time of prier-te~he issuance of
a public facility permit.
(Code 1963, §§ 25-7.2, 25-16.1; Code 1976, § 19-24; Ord. No. 83-0-26, § 1, 7-27-1983)
Sec. 34-31. Standard connection to be made by town.
Standard water connections to its waterworks shall be made by the town or its
designee at the expense of the applicant and shall include tapping the main trunk waterline,
extending a standard three-quaver one-inch service line across a public way to the property of
the applicant abutting on such public way and furnishing, installing and connecting a standard
three-quaker five eighths-inch water meter.
(Code 1963, § 25-8; Code 1976, § 19-25)
Sec. 34-32. Connections larger than standard made at expense of applicant.
Water connections requiring service lines and appurtenances larger than the standard
connection and appurtenances shall be made at the expense of the
applicant. Laraer than standard connections shall be determined by the tvpe of use and
applicable engineering standards.
(Code 1963, § 25-9; Code 1976, § 19-26)
Sec. 34-33. Connection of internal fire protection systems.
The owner or installer of approved internal fire protection system; such as sprinkler
systems, shall have the right, at his own expense and subject to the supervision and prior
approval of the plans and specifications of the installation by the sown, to connect to the town
water mains wherever such mains are situated, witheu~payment of a any connection fees to
to the town water system or for use of the town's water, when required
for the testing or operation of such fire protection system.
(Code 1963, § 25-10; Code 1976, § 19-27)
Sec. 34-34. Separate meters required; exceptions.
A separate water meter shall be required for each connection to serve each dwelling,
building, business unit, structure, mobile home and swimming pool; provided that permission
may be given to a property owner, in writing, by the town manager to connect to one meter a
building containing apartment units; or condominiums.
(Code 1963, § 25-9.1; Code 1976, § 19-28)
Sec. 34-35. Ownership, inspection, etc., of meters.
Water meters are the property of the town and at alt times subject to its control and
inspection. Where any meter is located on any private property, building or premises, the agents
of the town may enter into or upon such private property, building or premises, at ail reasonable
hours, for the purpose of inspection, repairing, replacing or removing such meter or of taking
meter reading.
(Code 1963, § 25-29; Code 1976, § 19-29)
Sec. 34-36. Renewal or repair of meter at expense of property owner or occupant.
Any water meter damaged injured-from any cause directly or indirectly attributable to the
negligence-ef~he owner or occupant of the premises shall be renewed or repaired by the town
at the expense of the owner or occupant in question.
(Code 1963, § 25-30; Code 1976, § 19-30)
Sec. 34-37. Refund of water availability fees.
(a) All paid water and-sewer availability fees which have been paid for open the issuance of
the public facility permit (receipt) shall attach to and run with the parcel. Paid fees cannot be
transferred to another parcel/lot.
(b) In circumstances where the fee simple owner of such parcel/lot as set forth in the land
records of the county decides determines not to develop the parcel/lot, a refund of the water
and--sewer availability fees may be issued if the following conditions are met:
(1) Refunds will only be issued to the fee simple owner of the parcelllot as set forth in the land
records of the county at the time of the payment of availability fees. re#aad-request:
(2) Refund requests are to be made in writing to the town manager by such fee simple owner
of the parcelllot. The original public facility permit (receipt) must accompany the request or
documentation satisfactory to the town manager that the water and sewer availability fees for
the parcel/lot have been paid must be submitted.
(3) Any valid zoning permits issued for the parcel/lot shall become null and void at the time of
issuance of a refund of the availability fees for the parcelllot. Fees associated with the review
and issuance of the zoning permit are nonrefundable.
(4) For the purpose of administering this chapter, when a parcelllot is duly transferred in the
land records of the county, any fee paid on the public facilities permit (receipt) for that lot shall
continue to be assigned to the parcelllot.
(5) No interest shall be accrued on any refunds.
(Code 1976, § 19-31; Ord. No. 95-0-7, § 1, 3-28-1995)
Sec 34-38 Duty of owner of building to bear cost of installation and indemnify
town.
(a)
(b) The property owner is responsible for the supply line.
(c) The Town will maintain the service line.
Secs.34-3840--34-56. Reserved.
DIVISION 2. USER AND SERVICE CHARGES*
*State law references: Authority to charge and collect compensation for water furnished,
Code of Virginia, § 15.2-2111.
Sec 34-39 Cross connection and backflow prevention control program
Sec.34-57. Generally.
Rates and fees for the use of the public waterworks of the town shall be as provided in
this division.
(Code 1963, § 25-17; Code 1976, § 19-42)
Sec. 34-58. Deposit for new accounts.
(a) The finance director shall require of all new water accounts that serve residences,
nonresidential, and heavy-commercial users, a cash deposit in the
amount established by the town council.
(b) The deposit will be refunded, without interest after 12 consecutive billing periods during
which no more than one past due notice has been issued or when service has been
discontinued, after deducting any charges due on final settlement of the customer's account.
(Code 1963, § 25-25.1; Code 1976, § 19-43; Ord. of 3-26-1975; Ord. No. 86-0-25, 6-11-1986;
Ord. No. 91-0-46, § 2, 10-9-1991; Ord. No. 95-0-13, § 2, 5-9-1995)
Sec. 34-59. Service charge for new accounts.
A service charge in the amount established by the town council shall be paid for all new
water accounts.
(Code 1963, § 25-25.2; Code 1976, § 19-44; Ord. No. 84-0-33, § 3, 7-25-1984)
Sec. 34-50. Rates established.
(a) The charge for use of water from the town water system shall be based on quarterly meter
readings taken to the nearest 1,000 gallons at the rates established by the town council.
(b) If metered water consumption during any quarter other than the designated winter quarter
shall exceed, winter quarter water consumption by 35 percent, then the rate shall be increased
by 45 36 percent for the affected quarter.
(Code 1976, § 19-45; Ord. No. 78-0-16, § 1, 6-28-1978; Ord. No. 82-0-31, § 1, 8-25-1982; Ord.
No. 83-0-35, § 1, 11-9-1983; Ord. No. 86-0-25, 6-11-1986; Ord. No. 91-0-46, § 2, 10-9-1991;
Ord. No. 92-0-17, § 1, 6-23-1992; Ord. No. 93-0-14, § 1, 4-27-1993; Ord. No. 94-0-11, § 1, 4-
28-1994; Ord. No. 95-0-13, § 2, 5-9-1995; Ord. No. 98-0-1, §§ III, IV, 1-27-1998; Ord. No. 2005-
0-17, § V, 12-13-2005)
Sec. 34-61. Fixed charge per quarter.
When a connection has been made to the town water system, the fixed charge per
quarter for use of the water system shall be based upon the size of the water meter used to
serve the customer and said fixed charge per quarter shall be as established by the town
council.
(Code 1976, § 19-46; Ord. No. 95-0-13, § 2, 5-9-1995; Ord. No. 2005-0-17, § VI, 12-13-2005)
Sec. 34-52. Rate for water drawn at public meter.
The charge for each purchase of water drawn at the public meter at the water treaimeni
plant shall be as established by the town council.
(Code 1963, § 25-25; Code 1976, § 19-47; Ord. No. 78-0-16, § 1, 6-28-1978; Ord. No. 91-0-46,
§ 2, 10-9-1991; Ord. No. 92-0-17, § 1, 6-23-1992; Ord. No. 93-0-14, § 1, 4-27-1993; Ord. No.
95-0-13, § 2, 5-9-1995)
Sec. 34-63. Lower charge for certain elderly or totally and permanently disabled
homeowners.
The charge for use of the water system to elderly or totally and permanently disabled
residents at their principal dwelling who annually qualify for full exemption of county and town
real estate taxes under section 20-23 (Tax Relief for the Elderly and Totally and Permanently
Disabled) shall be 75 percent of the established rate for premises inside and outside the town.
(Code 1976, § 19-47; Ord. No. 78-0-17, § 2, 6-28-1978; Ord. No. 2001-0-12, § Il, 7-24-2001)
Sec. 34-64. Rates apply to each meter; each meter to be separate account.
The water rates prescribed in this division shall apply to each separate water meter and
each meter shall be considered as a separate water account.
(Code 1963, § 25-18; Code 1976, § 19-48)
Sec. 34-65. Estimates of water consumption when meter fails.
if at any time a water meter shall be found to have been tampered with or, for any
reason, a meter shall fail to register or shall be found defective in registering since the last
previous reading, the water consumption for such period may be estimated from other similar
meters and the average of such readings through the same period or taken from past readings
or from similar connections.
(Code 1963, § 25-31; Code 1976, § 19-49)
Sec. 34-66. Meters read and bills rendered quarterly.
Each water meter shall be read quarterly and bills for the water used shall be rendered
quarterly.
(Code 1963, §§ 25-19, 25-32; Code 1976, § 19-50)
Sec. 34-67. Bills to be a charge against user; exception.
All bills for the use of water shall be a charge against the user; provided chat, where
water is supplied to more than one owner, family, occupant or user through asingle-service
pipeline on which there is only one meter, the owner of the property through which such service
pipeline first passes shall be charged for all water passing through such meter.
(Code 1963, § 25-20; Code 1976, § 19-51)
Sec. 34-68. Adjustment of bill for underground leaks.
When a leak develops in an underground water pipe between a water meter and a
premises and the property owner or tenant cannot, by the
use of ordinary diligence, discover such leak, the town finance director may adjust the water bill
of the user at such location. The policy reaardina adjustment of accounts shall be
. No credit shall be allowed after ten
days from the date the property owner or tenant user has knowledge of such leak.
(Code 1963, § 25-28; Code 1976, § 19-52)
Sec. 34.69. When due and payable; notice, late payment penalty and second
billing to delinquent accounts; discontinuance of service to delinquent accounts.
Water bills are due and payable within 30 days from the date of billing. Any billing that
remains unpaid after 30 days is subject to a ten percent late payment penalty and six percent
interest which amounts will be added to the total amount due and payable. A fiinal-notice shall
be mailed, together with a second billing, which will include the late payment penalty and
interest at the end of 30 days from the date of billing, and water service will be discontinued if
not paid in full within ten days from the date of such notice. When service is so discontinued, a
fee for the resumption of service in the amount established by the town council shall be
charged.
(Code 1963, §§ 25-26, 25-27; Code 1976, § 19-53; Ord. of 3-12-1975; Ord. No. 91-0-48, § 2,
10-9-1991)
Sec. 34-70. Delinquent charges as lien.
(a) There shall be a lien upon the real estate for the amount of any rates, fees and ocher
charges for water services rendered by the town to such real estate, from and after the time the
bill therefore becomes delinquent. A delinquent bill, under this section, shall be defined as any
bill that has not been paid within ten days from the finat-notice given pursuant to section 34-69.
(b) The finance director shall certify to the clerk of the appropriate sirsuit--court for the county
the amount of delinquent water charges, penalties and interest together with the fee to be paid
for each entry on the judgment records by the clerk.
(Code 1963, § 25-27.1; Code 1976, § 19-54)
State law references: Lien for unpaid charges, Code of Virginia, § 15.2-2605.
Secs. 34-71--34-88. Reserved.
DIVISION 3. RESERVED
G8N-TRAI=
Secs. 34-89--34-116. Reserved
,
thy-~8F30f~9(i26:
P,r~y-seast+mer--tea+~ ~ ~evisi
ARTICLE III. SEWERS AND SEWAGE DISPOSAL*
*State law references: Authority of town to establish, maintain and operate a sewage
disposal system, Code of Virginia, § 15.2-2122; septic tanks and sewage disposal when sewers
not available, Code of Virginia, § 15.2-2157.
DIVISION 1. GENERALLY
Sec. 34-117. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Building drain means that part of a drainage system which
receives #he-discharge from sei~ waste and other drainage pipes inside the walls of the building
and conveys it to the building sewer,
wall:
Building sewer means the extension from the building drain to the public right of way
or public utility easement.
Garbage means solid wastes from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of produce.
Industrial wastes means the liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of
surface water or groundwater.
AteFef-seR+tien-
Properly shredded garbage means the wastes from the preparation, cooking and
dispensing of food that have been shredded to such degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers, with no particle greater
than one-half inch in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights
and which is controlled by public authority.
Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
Sewage means water-carried wastes from residences, business buildings, institutions
and industrial establishments.
Sewage treatment plant means any arrangement of devices and structures used for
treating sewage.
Sewage works means all facilities for collecting, pumping, treating and disposing of
sewage.
Sewer means a pipe or conduit for carrying sewage.
~-
Storm sewer or storm drain means a sewer which carries stormwaters and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
Town manager means the town manager, or his authorized deputy, agent or
representative.
Watercourse means a channel in which a flow of water occurs, either continuously or
intermittently.
(Code 1963, § 19-1; Code 1976, § 15-1)
Sec. 34-118. Unlawful deposit of human excrement, waste water or other
polluting waste.
(a) It shall be unlawful for any person to place, deposit or permit to be deposited in any
unsanitary manner on public or private property within the town, or in any area under the
jurisdiction of the town, any human excrement or other polluting waste.
(b) No person shall throw or empty, or permit or cause to be thrown or emptied any waste
water from a bathtub, sink, commode or other fixture or any filthy water from any other source
on private property upon any street, sidewalk or gutter, or place such waste or filthy water in any
place from which it will flow into or upon a street, sidewalk or gutter. Each act of permitting or
causing water to be placed upon or into a street, sidewalk or gutter or in a place from which it
will Flow into a street, sidewalk, gutter or other public place in violation of this subsection shall
constitute a separate offense.
(c) It shall be unlawful for any person to cause or permit water from a bathtub, sink, commode
or other fixture or any filthy wafer from any other source to be emptied upon his own property or
property belonging to another person in such a manner as to allow such waste or filthy water to
accumulate and become stagnant or afford or create a breeding place for mosquitoes or other
insects or create an offensive odor.
(Code 1963, §§ 12-5, 12-6, 19-2; Code 1976, § 15-2)
Sec. 34-119. Approved method of disposal of human excrement and other
polluting waste--Required.
It shall be unlawful for the owner of any house or other building where human beings
congregate or are employed to use or lease such house or building for human occupancy,
unless and until the premises shall have been provided with an approved method of disposal of
human excrement and other polluting waste.
(Code 1963, § 19-3; Code 1976, § 15-3)
Sec. 34-120. Same--What constitutes; generally.
(a) For the purposes of this chapter, an approved method of disposal of human excrement or
ocher polluting waste shall be by means of approved plumbing fixtures connected to an
adequate water supply, as provided in article II of this chapter, and discharging into:
(1) The town sanitary sewer system; or
(2) A private septic tank system installed in accordance with the county sanitation
ordinance when the parcel of property on which the building so served is located does
not abut a street or easement containing a sanitary sewer system owned by the sown.
(b) Connection to the town sanitary sewer system is required in the following instances:
(1) Any time an existing private septic tank system fails health department
requirements and the town sanitary sewer system abuts the parcel of property;
(2) Any new building constructed on an existing lot of record, unless it would require a
private sewer lateral of 200 feet or greater; and
(3) Any new residences constructed within subdivisions created after February 1, 1987,
with lot sizes of less than 5 acres.
(Code 1963, § 19-4; Code 1976, § 15-4; Ord. No. 83-0-12, § 1, 3-9-1983; Ord. No. 87-0-1, § 1,
1-28-1987)
Sec. 34-121. Duty of owner of building to install water closets, make sewer
connections and discontinue use of privies.
(a) The owner of each lot or parcel of land which abuts upon a street or other public way
containing a sanitary sewer at any point where such lot or parcel of land abuts on such streets
or other public way, which is a part of, or which is served or may be served by the sewer system
operated by the town, and upon which lot or parcel a building shall have been constructed for
residential, commercial, industrial or recreational use, shall install, within such building, suitable
sanitary water closets and make the necessary sewer connection to such sanitary sewer,
provided such connection will not require a sewer line over 200 feet in length.
(b) An owner installing sanitary water closets and making a sewer connection, as required in
subsection (a) of this section, shall also discontinue the use of any dry closet or pit privy on the
lot or parcel of land in question from the date of receiving notice to this effect from the town
council or its duly designated agent.
(c) Any owner whose property is now served by, or which at the time a sanitary sewer may be
available, is served by a septic tank system or a privately owned sewage treatment plant will not
be required io make the installation and connections referred to in subsection (a) of this section,
as long as such septic tank system and private sewerage system conforms to and is maintained
in strict accordance with all applicable ordinances, statutes, rules and regulations. In the event
that such septic tank system or privately owned sewage treatment plant is not so maintained or
is altered, enlarged or repaired, then such owner shall comply with the provisions of subsection
(a) of this section, upon due notice thereof by the town council or its designated agent.
Sec. 34-122. Compliance with requirements for construction of sewer mains, etc.
It shall be unlawful for any person to fail, neglect or refuse to comply with those
specifications and requirements for the construction of sanitary sewer mains and appurtenances
and pumping stations on file in the office of the town manager.
(Code 1963, § 19-17; Code 1976, § 15-8)
Sec. 34-123. Town council approval for extension of sewerage works.
(a) No extension of the town sewerage works shall be made for the purpose of serving users
located within or without the town, except upon the approval of such extension by the town
council. Application for such approval shall be made to the town council and filed with the town
manager. Such application shall be accompanied by plans and specifications which meet the
standards of the town.
(b) The approval of an extension of the town sewage works shall be conditioned as follows:
(1) The town sewage works shall be extended in accordance with plans and specifications
approved by the town council, and in accordance with the officially adopted sewer and water
extension and connection charge policy.
(2) The applicant shall secure such easements or fee simple title, free of defects, as are
necessary, prior to construction and, upon completion, will convey, by appropriate instrument,
the completed system, easements and fee simple title to the town, free of costs.
(3) Sewer service connections to lots served by the extension shall be available only when not
restricted by the state department of environmental quality.
(4) The extension shall be completed in accordance with town subdivision and land
development regulations or within five years, whichever is greater.
(Code 1963, §§ 19-18--19-21; Code 1976, § 15-9; Ord. No. 78-0-3, § 1, 1-25-1978)
Sec. 34-124. Permit required to uncover, connect with, etc., public sewer.
No unauthorized person shall uncover, make any connections with or opening into, alter
or disturb any public sewer or appurtenance thereof without first obtaining a written permit from
the town manager.
(Code 1963, § 19-9; Code 1976, § 15-10)
Sec. 34-125. Form of application for extension permit.
The application for a permit to extend the town sewer works shall be in a form approved
by the town council by resolution.
(Code 1963, §§ 19-22, 19-22.1; Code 1976, § 15-11; Ord. No. 82-9-35, § 1, 10-13-1982)
(Code 1963, §§ 19-6--19-8; Code 1976, § 15-8)
Sec. 34-126. Fee for sewer connection.
Before any person connects with or discharges sewage into the town sewer system, a
fee for the connection permit issued under sections 34-124 or 34-125 in amounts established
by the town council shall be paid. Connection permit fees shall be paid prior to the issuance of a
zoning permit.
(Code 1963, §§ 19-11, 19-12; Code 1976, § 15-12; Ord. No. 78-0-20, § 1, 7-26-1978; Ord. No.
84-0-32, § 1, 7-25-1984; Ord. No. 91-0-46, § 1, 10-9-1991; Ord. No. 95-0-13, § 1, 5-9-1995;
Ord. No. 2001-0-6, § I, 5-8-2001; Ord. No. 2001-0-11, § I, 7-24-2001)
Sec. 34-127. Availability charge for sewer service.
(a) Before any person connects with or discharges sewage into the town sewer system or
extends sewer use on any premises to any additional dwelling, nonresidential, commercial or
industrial use, a sewer service availability fee shall be paid in amounts provided in subsection
(b) of this section in addition to fees prescribed in section 34-126.
(b) The sewer connection and sewer service availability fees shall be paid prior to the issuance
of a zoning permit or, where no zoning permit is required, before extension of sewer service to
any new or additional use on the premises, provided however that in the event the availability
fee per connection is in excess of $15,000.00, the amount owed exceeding $15,000.00 may be
paid in installments pursuant to a contract chat has been approved by the town manager. Such
contract shall provide for not more than 24 monthly installments and shall provide for interest to
be paid on the unpaid balance at the legal judgment rate or six percent per annum, whichever is
greater. Surety to the satisfaction of the town manager shall be required. The unpaid principal
may be paid in full without penalty at any time. If any installment is not paid when due, the entire
remaining balance shall be immediately due and payable. The town manager shall discontinue
sewer service to premises for which the fees required in this article remain unpaid for ten days
from the date of notice of the amount of such fees to the owner. Should payment not be made
on said contract ten percent of the monies paid to the town for water and sewer service shall be
applied to the availability fee contract until such contract is paid in full. Should the sewer
(d) The fees provided in this section shall not apply to single-family dwellings existing within
the town on June 10, 1970, and which are continued in single-family residential use after
connection to the sewer system.
(e) Sewer service availability rates fees shall be as established by the town council. Fees
shall be calculated upon the rates set by the town council.
(f) When applicable, public facility fees and charges shall be determined by the town
manager based on accepted engineering standards for sewage discharge. The town council
shall hear and decide appeals from determinations of fees by the town manager.
(g) If any person enlarges a structure or extends the use of the town sewer system to any new
or additional use on a premises, an availability fee as determined in subsection (f) of this section
shall be paid for the additional use, whether or not a new or enlarged connection is required.
(c) The abandonment or discontinuance of a sewer system or the reduction of sewer system
use does not entitle any person to a refund of fees paid.
This subsection shall not apply to the adaptive reuse of an existing structure within the town's H-
1historic district which is served by an adequate sewer service connection.
(Code 1963, §§ 19-14.1, 19-22.1; Code 1976, § 15-14; Ord. of 9-24-1975; Ord. No. 79-0-5, § 1,
3-14-1979; Ord. No. 81-0-6, § 1, 3-25-1981; Ord. No. 84-0-38, § 1, 8-22-1984; Ord. No. 88-0-
22, § I, 6-22-1988; Ord. No. 91-0-46, § 1, 10-9-1991; Ord. No. 92-0-17, § 1, 6-23-1992; Ord. No.
95-0-13, § 1, 5-9-1995; Ord. No. 95-0-14, § 1, 5-23-1995; Ord. No. 96-0-29, § i, 10-8-1996; Ord.
No. 97-0-16, § I, 5-27-1997; Ord. No. 2001-0-6, § II, 5-8-2001; Ord. No. 2006-0-66, § II, 10-11-
2006)
Sec. 34-128. Fees for sewer conveyance facilities.
(a) When the town council, from time to time, finds and declares by resolution that all or part of
the actual cost incurred by the town, including interest for constructing specific sewer
conveyance facilities, shall be paid on a pro rata basis under the terms of this section, a
benefited property owner or developer shall pay the fees established herein at such time as
connections are made directly or indirectly to the facilities. The resolution shall apportion the
total cost of the facility on a pro rata basis between the town, in the event the facility is partly of
general benefit to sewer system users, and future users based on established engineering
estimates of sewage flows in gallons per day. The resolution shall further establish the amount
of interest to be added to the total cost of the facilities from the time of the installation to the time
the charge is paid by the property owner or developer.
(b) The town manager shall maintain for public inspection a record in map or other form of
facilities subject to the fees provided herein.
(c) The fees prescribed herein shall be paid to the town at the time of prieF-te-the issuance of
a public facility permit.
(Code 1963, §§ 19-14.2, 19-22.1; Code 1976, § 15-15; Ord. No. 83-0-26, § 1, 7-27-1983)
Sec. 34-129. Permit for installation of building sewer.
(a) It shall be unlawful for any person to install or construct a building sewer within the town's
service area without first obtaining a permit from the town manager. There shall be two classes
of building sewer permits:
(1) For residential and commercial service; and
(2) For service to establishments producing industrial wastes.
(b) In either case in subsection (a) of this section, the owner or his agent shall make
application on a special form furnished by the sown. The permit application shall be
supplemented by any plans, specifications or other information considered pertinent in the
judgment of the town manager.
(Code 1963, § 19-10; Code 1976, § 15-16)
Sec. 34-130. Owner to bear cost of installation of building sewer and indemnify
town.
All costs and expenses incident to the installation and connection of the building sewer
shall be borne by the owner. The owner shall indemnify the town from any Toss or damage that
may directly or indirectly be occasioned by the installation of the building sewer.
(Code 1963, § 19-15; Code 1976, § 15-17)
Sec. 34-131. Specifications for building sewers.
(a) The size, slope, alignment and materials of construction of a building sewer and the
methods to be used in excavating, placing of the pipe, jointing, testing and backfllling the trench,
shall conform to the requirements of the building and plumbing codes or other applicable rules
and regulations of the county and the state international plumbing code.
(b) Ali new building sewers; connecting to the town sewerage works; shall include the
installation of a sewer cleanout, located at the building property line or to the boundary of the
town's easement closest to the premises and constructed in accordance with the plans
approved by the town manager.
(Code 1963, § 19-16; Code 1976, § 15-18; Ord. No. 86-0-42, § 1, 9-10-1986)
Sec. 34-132. Damaging, defacing, etc., sewage works property.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part of the town
sewerage works. Any person violating this provision shall be subject to immediate arrest under
a charge of disorderly conduct.
(Code 1963, § 19-39; Code 1976, § 15-19)
Sec. 34-133. Violators of article liable for expenses, damage, etc., occasioned
town.
Any person violating any of the provisions of this article shall become liable to the town
for any expense, loss or damage occasioned the town by reason of such violation.
(Code 1963, § 19-43; Code 1976, § 15-20)
Sec. 34-134. Refund of sewer availability fees.
(a) All paid wate~and sewer availability fees which have been paid for open the issuance of
the public facility permit (receipt) shall attach to and run with the parcel. Paid fees cannot be
transferred to another parcel/lot.
(b) In circumstances where the fee simple owner of such parcelllot as set forth in the land
records of the county decides d`ter-;,,;,;es not to develop the parcelllot, a refund of the water
and sewer availability fees may be issued if the following conditions are met:
(1) Refunds will only be issued io the fee simple owner of the parcel/lot as set forth in the land
records of the county at the time of the payment of availability fees. re#und~equest:
(2) Refund requests are to be made in writing to the town manager by such fee simple owner
of the parcelllot. The original public facility permit (receipt) must accompany the request or
documentation satisfactory to the town manager that fhe wateF-and sewer availability fees for
the parcel/lot have been paid must be submitted.
(3) Any valid zoning permits issued for the parcel/lot shall become null and void at the time of
issuance of a refund of the availability fees for the parcelllot. Fees associated with the review
and issuance of the zoning permit are nonrefundable.
(4) For the purpose of administering this chapter, when aparcel/lot is duly transferred in the
land records of the county, any fee paid on the public facilities permit (receipt) for that lot shall
continue to be assigned to the parcel/lot.
(5) No interest shall be accrued on any refunds.
(Code 1976, § 15-21; Ord. No. 95-0-7, § I, 3-28-1995)
Sec. 34-134. Prohibition against discharge into sewer.
(1)
(2)
Sec. 34-136. Sewer use regulations.
Secs.34-1357--134-153. Reserved.
DIVISION 2. SEWER USE CHARGES*
*State law references: Authority to establish and collect rents and ocher charges for the use
of sewage disposal system, Code of Virginia, § 15.2-2122.
Sec. 34-154. Generally.
Charges for the use of the public sewage works of the town shall be as provided in this
article.
(Code 1963, § 19-33; Code 1976, § 15-56)
Sec. 34-155. Charge where connection made to both water and sewer system.
(a) Where connection has been made to both the town water and sewer system, the charge for
use of the sewer system shall be based on fi+Ne-armquarterly water meter readings taken to the
nearest 1,000 gallons Pissed--upe at the rates
established by the town council.
(b) Until a winter quarter metered water consumption is established, sewer charges shall be
based on a consumption of 200 ~ gallons per day for all residential single-family detached
dwellings.
(Code 1963, § 19-34; Code 1976, § 15-57; Ord. No. 78-0-16, § 1, 6-28-1978; Ord. No. 86-0-25,
6-11-1986; Ord. No. 91-0-46, § 1, 10-9-1991; Ord. No. 92-0-17, § 1, 6-23-1992; Ord. No. 93-0-
14, § 1, 4-27-1993; Ord. No. 94-0-11, § 1, 4-26-1994; Ord. No. 95-0-13, § 1, 5-9-1995; Ord. No.
98-0-1, § I, 1-27-1998; Ord. No. 2003-0-03, 2-25-2003; Ord. No. 2005-0-17, § II, 12-13-2005)
Sec. 34-158. Fixed charge per quarter.
When a connection has been made to both the town water and sewer system, the fixed
charge per quarter for use of the sewer system shall be based upon the size of the water meter
used to serve the customer and said fixed charge per quarter shall be as established by the
town council.
(Code 1976, § 15-57; Ord. No. 95-0-12, 5-9-1995; Ord. No. 2005-0-17, § II, 12-13-2005)
Sec. 34-157. Charge where connection made to sewer system only--Generally.
Where residential connection has been made to the town sewer system only, the
charge for use of the sewer system shall be as established by the town council.
(Code 1963, §§ 19-36, 19-37; Code 1976, § 15-58; Ord. No. 78-0-16, § 1, 6-28-1978; Ord. No.
86-0-25, 6-11-1986; Ord. No. 91-0-46, § 1, 10-9-1991; Ord. No. 92-0-2, § 1, 1-14-1992; Ord.
No. 92-0-17, § 1, 6-23-1992; Ord. No. 93-0-14, § 1, 4-27-1993; Ord. No. 94-0-11, § 1, 4-26-
1994; Ord. No. 95-0-13, § 1, 5-9-1995; Ord. No. 98-0-1, § II, 1-27-1998; Ord. No. 2005-0-17, §
III, 12-13-2005)
Sec. 34-158. Lower charge for certain elderly homeowners or totally and
permanently disabled homeowners.
The charge for use of the sewer system to elderly or totally and permanently disabled
residents at their principal dwelling who annually qualify for full exemption of coun or town
real estate taxes under section 20-23 (Tax Relief for the Elderly and Totally and Permanently
Disabled) shall be 75 percent of the established rate for inside and outside the town.
(Code 1976, § 15-58.1; Ord. No. 78-0-17, § 1, 6-28-1978; Ord. No. 2005-0-17, § III, 12-13-2005)
Sec. 34-159. Same--When user has metered private water supply.
Where a commercial user within or without the corporate um~ts or the town
connects cennestien-ktas-been-made to the public sewerage works only,
and where such user has a metered
private water supply, the meter shall be made compatible with the town metering svstem at
owner's expense and be read as if it were a public meter. The arx~the charge for the use of
such public sewage works shall be an amount equal to the amount normally charged for the
water metered, as if the connection were to the town water supply.
(Code 1963, § 19-38; Code 1976, § 15-59)
Sec. 34-160. Billing; due date; etc.
Bills for the charges prescribed by this article shall be rendered quarterly. Where the
customer is connected to the town water supply, such charges shall be included on his water bill
and shall be subject to all provisions of section 34-69 applicable to water bills, including due
date, notice and second billing to delinquent accounts and discontinuance of water service to
delinquent accounts. Where the customer is not connected to the town water supply, the sewer
service charges shall be billed separately on a quarterly basis and the provisions of sections 34-
69 relative to water bills shall apply to such sewer service bills.
Sec. 34-161. Delinquent charges as lien.
(a) There shall be a lien upon the real estate for the amount of any charges made by the town
for sewer services rendered to such real estate, from and after the time the bill for such charges
becomes delinquent. A delinquent bill, under this section, shall be defined as any bill that has
not been paid within ten days from the final notice.
(b) The finance director shall certify to the clerk of the appropriate circuit--court for the county
for the amount of delinquent sewer charges, penalties and interest together with the fee to be
paid for each entry on the judgment records by the clerk.
(Code 1963, § 25-27.1; Code 1976, § 15-61)
State law references: Lien for unpaid sewer charges, Code of Virginia, § 15.2-2605.
Sec. 34-162. Deposit for new accounts.
(a) The finance director shall require of all
nonresidential, and
amount established by the town council.
new sewer accounts that serve residences,
taeavy-commercial users a cash deposit in the
(b) The deposit will be refunded, without interest, after 12 consecutive billing periods during
which no more than one past due notice has been received or when service has been
discontinued, after deducting any charges due on final settlement of the customer's account.
(Code 1976, § 15-62; Ord. No. 91-0-46, § 1, 10-9-1991; Ord. No. 95-0-13, § 1, 5-9-1995; Ord.
No. 2001-0-19, § I, 9-25-2001)
Sec. 34-163. Service charge for new accounts.
A service charge in the amount established by the town council shall be made for all new
sewer accounts.
(Code 1976, § 15-63; Ord. No. 91-0-46, § 1, 10-9-1991)
Attachment B
Fee Schedule for Water and Sewer
Water Current Effective Effective Effective Effective Effective Effective
Rate 09/01!09 07/01/10 07!01/11 07/01/12 07/01/13 07/01/14
Inside-Town
Fixed fee per
EDU per
uarter* $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Consumption
Charge per
1,000 allons $3.24 $3.40 $3.57 $3.75 $3.90 $4.02 $4.14
High Use
Rate per
1,000 allons $4.41 $4.93 $5.18 $5.44 $5.66 $5.83 $6.00
Reduced Rate
for
Qualifying
Elderly per
1,000 allons $2.43 $2.55 $2.68 $2.81 $2.93 $3.02 $3.11
Outside-Town
Fixed fee per
EDU per
uarter* $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Conswnption
Charge per
1,000 allons $6.49 $4.80 $5.04 $5.29 $5.50 $5.67 $5.84
High Use
Rate per
1,000 allons $8.83 $6.96 $7.31 $7.67 $7.98 $8.22 $8.47
Reduced Rate
for
Qualifying
Elderly per
1,000 allons $6.49 $3.60 $3.78 $3.97 $4.13 $4.25 $4.38
* Based on a 5/8" meter. Proposed fixed fee for larger meters per quarter are as follow:
Recommended fixed charee uer quarter for use of water system and effective date
Water
Meter
Size Current
Rate Effective
09/01/09 Effective
07/01/10 Effective
07/01/11 Effective
07/01/12 Effective
07/01/13 Effective
07/01/14
5/8" to'/<" $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Full'/4" $16.54 $7.92 $7.92 $7.92 $7.92 $7.92 $7.92
1" $27.56 $10.08 $10.08 $10.08 $10.08 $10.08 $10.08
11/2" $55.13 $12.96 $12.96 $12.96 $12.96 $t2.96 $12.96
2" $88.20 $20.88 $20.88 $20.88 $20.88 $20.88 $20.88
3" $192.94 $79.20 $79.20 $79.20 $79.20 $79.20 $79.20
4" $330.75 $100.80 $100.80 $100.80 $100.80 $100.80 $100.80
6" $689.85 $151.20 $151.20 $151.20 $151.20 $151.20 $151.20
8" $882.00 $208.80 $208.80 $208.80 $208.80 $208.80 $208.80
Sewer Current Effective Effective Effective Effective Effective Effective
Rate 09/01/09 07!01/10 07/01/11 07/01/12 07/01/13 07/01/14
Inside-Town
Fixed fee per
EDU per
uarter* $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Consumption
Charge per
1,000 allons $4.33 $4.55 $4.77 $5.01 $5.21 $5.37 $5.53
Reduced Rate
for
Qualifying
Elderly per
1,000 allons $3.25 $3.41 $3.58 $3.76 $3.91 $4.03 $4.15
Sewer Only
(Fixed fee per
uarter $113.00 $90.60 $95.60 $100.02 $104.66 $108.56 $111.60
Outside-Town
Fixed fee per
EDU per
uarter* $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Consumption
Charge per
1,000 allons $8.66 $6.91 $7.26 $7.62 $7.92 $8.16 $8.41
Reduced Rate
for
Qualifying
Elderly per
1,000 allons $8.66 $5.18 $5.45 $5.72 $5.94 $6.12 $6.31
Sewer Only
(Fixed fee per
uarter $225.00 $134.80 $142.46 $149.22 $156.32 $162.28 $166.94
* Based on a 5/8" meter. Proposed fixed fee for larger meters per quarter are as follow:
Recmnmended fixed charee ner quarter for use of sewer system and effective date
Water
Meter Size Current
Rate Effective
09/01/09 Effective
07/01/10 Effective
07/01/11 Effective
07/01/12 Effective
07/01/13 Effective
07/01!14
5/8" to'/a" $6.30 $7.20 $7.20 $7.20 $7.20 $7.20 $7.20
Full'/" $16.54 $7.92 $7.92 $7.92 $7.92 $7.92 $7.92
1" $27.56 $10.08 $10.08 $10.08 $10.08 $10.08 $10.08
11/2" $55.13 $12.96 $12.96 $12.96 $12.96 $12.96 $12.96
2" $88.20 $20.88 $20.88 $20.88 $20.88 $20.88 $20.88
3" $192.94 $79.20 $79.20 $79.20 $79.20 $79.20 $79.20
4" $330.75 $100.80 $100.80 $100.80 $100.80 $100.80 $100.80
6" $689.85 $151.20 $151.20 $151.20 $151.20 $151.20 $151.20
8" $882.00 $208.80 $208.80 $208.80 $208.80 $208.80 $208.80
Attachment C
TOWN OF LEESBURG
CROSS CONNECTION AND
BACKFLOW PREVENTION CONTROL PROGRAM
July 2009
ORDINANCE NO: 2009-0-012
TOWN OF LEESBURG
CROSS CONNECTION AND
BACKFLOW PREVENTION CONTROL PROGRAM
I. Purpose
The purpose ofthis program adopted by ordinance is to abate or conh•ol actual or
potential cross connections and protect the public health. This program provides for
establishment and enforcement of a program for cross connection control and backflow
prevention in accordance with the Commomvealth of Virginia, State Board of Health,
Wntenvorks Reg~dations 1995, or as amended. THIS PROGRAM IS DIRECTED AT
SERVICE LINE PROTECTION (CONTAINMENT).
II. AnthoriTy for the Cross Connection Control Program
Commomvealth of Virginia, Department of Health Waterworks ReguJntions (Cross
Connection Control and Backflow Prevention in Wate~•works)
III, Administration of the Cross Connectim~ Control Program
L The Town of Leesburg Department of Utilities Director, herein called the Director, shall
administer and enforce the provisions of this program adopted by ordinance under the
direction of the Town Manager. (Reference Town Code, Article II, Water System,
Section 34-39)
2. It shall be the duty of the Director to cause assessment to be made of properties served by
the waterworks where cross connection with the waterworks is deemed possible. The
method of determining potential cross connection with the waterworks and the
administrative procedures shall be established by the Director in a Cross Connection
Control Program (Program) approved by the Commonwealth of Virginia, Department of
Health, Division of Water Supply Engineering.
3. The person in responsible charge of the Program is the Director or his/her designee.
IV. Enforcement of the Program
1. Upon request, the owner or occupants of property served shall fin•nish to the Director or
his/her designee pertinent information regarding the consumer's water supply or systems
on such property for the purpose of assessing the consumer's water supply system for
cross connection hazards and determining the degree of hazard, if any. The refusal of
such information, Gvhen requested, shall be deemed evidence of the presence of a high
degree of hazard cross connection.
2. Notice ofViolation -Any owner found to be in violation of any provision ofthis program
shall be served a written notice of violation sent certified mail to the owner's last known
address, stating the nature of the violation, corrective action required and providing a
reasonable time limit, not to exceed 30 days, from the date of receipt of the notice of
violation, to bring the consumer's water supply system into compliance with this program
or have water service terninated.
3. Penalties -Any owner of properties served by a connection to the waterworks found
guilty of violating any of the provisions of this program, or any written order of the Town
Manager in pursuance thereof, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not more than $2,500 and one year of
jail for each violation. Each day upon which a violation of the provisions ofthis act shall
occur shall be deemed a separate and additional violation for the purpose ofthis program.
V. Responsibilities of the Department of Utilities (Town), and Director
Effective cross connection control and backflow prevention requires the cooperation of the
Town, Director orhis/her designee, the owner(s) of the property served, the Local Building
Official and the backflow prevention device tester.
I . The Program shall be carried out in accordance with the Commonwealth of Virginia,
State Board of Health, Waterworks Regulations and shall as a minimum provide
containment of potential contaminants at the consumer's service connection.
2. The Town has full responsibility for water quality and for the construction, maintenance
and operation of the waterworks beginning at the water source and ending at the service
connection.
3. The owner of the property served has responsibility for water quality and for the
construction, maintenance, and operation of the consumer's water supply system from the
water meter crock assembly to all free flowing outlets.
4. The Director shall, to the extent of theirjurisdiction, provide continuing identification
and evaluation of all cross connection hazards. This shall include an assessment of each
consumer's water supply system for cross connection to be followed by the requirement,
if necessary, of installation of a backflow prevention device or separation. Assessments
shall be performed at least annually.
5. In the event of the backflow of pollution or contamination into the waterworks, the
Director shall promptly take or cause corrective action to confine and eliminate the
pollution or contamination. The Director shall report to the appropriate Commonwealth
of Virginia, Department of Health, Office of Water Programs Field Office in the most
expeditious manner (usually by telephone) when backflow occurs and shall submit a
written report by the l Om day of the month following the month dm•ing which backflow
occurred addressing the incident, its causes, effects, and preventative or control measures
required or taken.
6. The Director shall take positive action to ensure that the waterworks is adequately
protected from cross connections and backflow at all times. If a cross connection exists or
backflow occurs into a consumer's water supply system or into the waterworks or if the
consumer's water supply system causes the pressw•e in the waterworks to be lowered
below 10 psi gauge, the Director may discontinue the water service to the consumer and
water service shall not be restored until the deficiencies have been corrected or
eliminated to the satisfaction of the Director.
7. In order to protect the occupants of a premises, the Director orhis/her designee should
inform the owner(s) of any cross connection beyond the service connection that should be
abated or controlled by application of an appropriate backflow prevention device or
separation. Appropriate backflow prevention device or separation should be applied at
each point-of--use and/or applied to the consumer's water supply system, isolating an area
which may be a health or pollutional hazard to the consumer's water supply system or to
the waterworks.
8. Records of backflow prevention devices, separations, and consumer's water supply
systems, including inspection records, records of backflow incidents, and records of
device tests shall be maintained by the Director for ten years.
9. At a minimum, all new service connections shall be protected with an approved backflow
device consisting of a double check valve or dual check valve. (ABBE #1024).
10. Any existing residences without a dual check (ABBE #1024) shall be fitted with a dual
check when a service call is made to the property and found to not have the protection.
VI. Responsibilities of the Consumer
1. The consumer, at their own expense, shall install, operate, test, and maintain required
backflow prevention devices or backflow prevention by separation.
A. The owner(s) shall provide copies of test results, maintenance records and
overhaul records to the Director within 30 days of completion of testing or work.
Such testing or work shall have been performed by a certified tester which has
obtained a certificate of completion of a course recognized by the Town of
Leesburg, American Water Works Association, the Virginia Department of
Health or the Virginia Cross Connection Control Association for cross connection
conh•ol and backflow prevention inspection, maintenance and testing or otherwise
be certified by a Commomvealth of Virginia b•adesman certification program.
2. The conswner has the responsibility of preventing pollutants or contaminants from
entering the water system in the residence or entering the waterworks. The consumer's
responsibility starts at the point-of-delivery and includes all piping, plumbing and related
appurtenances downsh•eam of the meter.
3. In the event of pollution or contamination of the waterworks or a residential water system
due to backflow, the consumer shall promptly take steps to confine further spread of the
pollution or contamination and shall promptly notify the Town of the condition.
4. No consumer shall install or maintain a water service connection to any premises where
cross connections to the town's water system or a consumer's water system may exist,
unless such cross connections are abated or conh•olled to the satisfaction of the town.
5. No consumer shall install or maintain any connection whereby water from an auxiliary
water system may enter the town's or conswner's water system, unless the auxiliary water
system and the method of connection and use of such system shall have been approved
by the town.
VII. Responsibilities of the Certified Tester
1. Certified testers must have obtained a certificate of completion of a course recognized by
the Town of Leesburg, American Water Wa•ks Association, the Virginia Department of
Health or the Virginia Cross Connection Conh•ol Association for cross connection conh•ol
and backflow prevention inspection, maintenance and testing or otherwise be certified by
a Commomvealth of Virginia tradesman certification program. A copy of the certificate
for all testers must be provided to the Town.
2. Town maintains a list of certified testers that is sent to owners who have testable devices.
In order for a company or tester to be placed and kept on the list, certifications for the
employees must be provided to the Town as well as record of the testing kits being
calibrated annually.
3. The tester has the responsibility of filling out the Town of Leesbw•g Backflow Prevention
Device Testing, Maintenance and [nspection Report completely and returning to
homeowner or Town.
VIII. Location of Protection
1. Service Line Protection -Backflow prevention device or separation shall be installed at
the service connection to a consumer's water supply system where, in the judgment of the
Director a health or polhrtional hazard to the consumer's water supply system or to the
waterworks exists or may exist unless such hazards are abated or conh•olled to the
satisfaction of the Director.
2. Special Conditions for Service Line Containment -When, as a matter of practicality, the
backflow prevention device or separation cannot be installed at the service connection,
the device or separation may be located downstream of the service connection but prior to
any unprotected connections.
3. Point-of--Use Isolation Protection -Where all actual or potential cross connections can be
easily correctable at each point-of--use and where the consumer's water supply system is
not intricate or complex, point-of--use isolation protection by application of an appropriate
backflow prevention device or backflow prevention by separation may be used at each
point-of--use in lieu of installing a containment device at the service connection.
4. A backflow prevention device or backflow prevention by separation shall be installed at
each service connection to a consumer's water supply system serving premises where the
following conditions exist:
A. Premises on which any substance is handled in such a manner as to create an
actual or potential hazard to a waterworks (this shall include premises having
auxiliary water systems or having sources or systems containing process fluids or
waters originating from a waterworks which are no longer under the control of the
waterworks owner).
B. Premises having internal cross connection that, in the judgment of the Director
may not be easily correctable or intricate plumbing arrangements which make it
impracticable to determine whether or not cross connections exist.
C. Premises where, because of security requirements or other prohibitions or
restrictions, it is impossible or impractical to make an evaluation of all cross
connection hazards.
D. Premises having a repeated history of cross connections being established or
reestablished.
E. Other premises specified by the Director where cause can be shown that a
potential cross connection hazard not enumerated above exists.
IX. Preventive and Control Measures
I. Premises having booster pumps or fire pumps connected to the waterworks shall have the
pumps equipped with a pressure sensing device to shut off or regulate the flow from the
booster pump when the pressure in the waterworks drops to a minimum of 10 psi gauge
at the service connection.
2. The following facilities shall install a reduced pressure zone (RPZ) device as an approved
backflow prevention device at the service connection:
I-Iospitals, mortuaries; clinics, veterinary establishments, nursing homes,
dental offices and medical buildings;
Laboratories;
Piers, docks, waterfront facilities;
Sewage treatment plants, sewage pumping stations, or storm water pumping
stations;
^ Food and beverage processing plants;
^ Chemical plants, dyeing plants and pharmaceutical plants;
Metal plating industries;
Petroleum or natural gas processing or storage plants;
Radioactive materials processing plants or nuclear reactors;
Car washes and laundries;
Lawn sprinkler systems, irrigation systems;
" F i r e s e r v i c e s y s t e m s ;
" S l a u g h t e r h o u s e s a n d p o u l t r y p r o c e s s i n g p l a n t s ;
" P a r m s w h e r e t h e w a t e r i s u s e d f o r o t h e r t h a n h o u s e h o l d p u r p o s e s ;
" C o m m e r c i a l g r e e n h o u s e s a n d n u r s e r i e s ;
" H e a l t h c l u b s w i t h s w i m m i n g p o o l s , t h e r a p e u t i c b a t h s , h o t t u b s o r s a u n a s ;
" P a p e r a n d p a p e r p r o d u c t s p l a n t s a n d p r i n t i n g p l a n t s ;
" P e s t i c i d e o r e x t e r m i n a t i n g c o m p a n i e s a n d t h e i r v e h i c l e s w i t h s t o r a g e o r
m i x i n g t a n k s ;
" S c h o o l s o r c o l l e g e s w i t h l a b o r a t o r y f a c i l i t i e s ;
" H i g h - r i s e b u i l d i n g s ( 4 o r m o r e s t o r i e s ) ;
" M u l t i u s e c o m m e r c i a l , o f f i c e , o r w a r e h o u s e f a c i l i t i e s ;
^ O t h e r s s p e c i f i e d b y t h e D i r e c t o r w h e n r e a s o n a b l e c a u s e c a n b e s h o w n f o r a
p o t e n t i a l b a c k f l o w o r c r o s s c o n n e c t i o n h a z a r d .
3 . W h e r e l a w n s p r i n k l e r s y s t e m s , i r r i g a t i o n s y s t e m s o r f i r e s e r v i c e s y s t e m s a r e c o n n e c t e d
d i r e c t l y t o t h e w a t e r w o r k s w i t h a s e p a r a t e s e r v i c e c o n n e c t i o n , a b a c k f l o w p r e v e n t i o n
d e v i c e o r b a c k f l o w p r e v e n t i o n b y s e p a r a t i o n s h a l l b e i n s t a l l e d a t t h e s e r v i c e c o n n e c t i o n
o r i n s t a l l e d u n d e r S p e c i a l C o n d i t i o n s .
4 . R e s i d e n c e s o r b u s i n e s s e s m a y m a i n t a i n a n a u x i l i a r y w a t e r s o u r c e ( g r o u n d w a t e r w e l l o r
s p r i n g f o r e x a m p l e ) o n t h e p r o p e r t y f o r h e a t i n g o r c o o l i n g , i r r i g a t i o n , w a t e r i n g e t c . i f a
p h y s i c a l s e p a r a t i o n f r o m t h e r e s i d e n t i a l w a t e r s y s t e m a n d t h e w a t e r w o r k s i s p r o v i d e a n d
m a i n t a i n e d a t a l l t i m e s .
5 . O t h e r s s p e c i f i e d b y t h e T o w n w h e r e r e a s o n a b l e c a u s e c a n b e s h o w n f o r a p o t e n t i a l
b a c k f l o w o r c r o s s c o n n e c t i o n h a z a r d .
X . T y p e o f P r o t e c t i o n R e q u i r e d
T h e t y p e o f p r o t e c t i o n r e q u i r e d s h a l l d e p e n d o n t h e d e g r e e o f h a z a r d w h i c h e x i s t s o r m a y
e x i s t . T h e d e g r e e o f h a z a r d , e i t h e r h i g h o r l o w , i s b a s e d o n t h e n a t u r e o f t h e c o n t a m i n a n t ; t h e
p o t e n t i a l h e a l t h h a z a r d ; t h e p r o b a b i l i t y o f t h e b a c k f l o w o c c u r r e n c e ; t h e m e t h o d o f b a c k f l o w
e i t h e r b y a b a c k p r e s s w " e o r b y b a c k s i p h o n a g e ; a n d t h e p o t e n t i a l e f f e c t o n w a t e r w o r k s s t r u c h u " e s ,
e q u i p m e n t , a n d a p p u r t e n a n c e s u s e d i n t h e s t o r a g e , c o l l e c t i o n , p u r i f i c a t i o n , t r e a t m e n t , a n d
d i s t r i b u t i o n o f p u r e w a t e r .
T a b l e 1 s h a f t b e u s e d a s a g u i d e t o d e t e r m i n e t h e d e g r e e o f h a z a r d f o r a n y s i t u a t i o n .
1 . A n a i r g a p o r p h y s i c a l d i s c o n n e c t i o n g i v e s t h e h i g h e s t d e g r e e o f p r o t e c t i o n a n d s h a l l b e
u s e d w h e n e v e r p r a c t i c a l t o d o s o i n h i g h h a z a r d s i t u a t i o n s s u b j e c t t o b a c k p r e s s u r e .
2 . A n a i r g a p , p h y s i c a l d i s c o n n e c t i o n a n d a r e d u c e d p r e s s u r e p r i n c i p l e b a c k f l o w p r e v e n t i o n
d e v i c e w i l l p r o t e c t a g a i n s t b a c k p r e s s u r e w h e n o p e r a t i n g p r o p e r l y .
3 . P r e s s u r e v a c u u m b r e a k e r s w i l l n o t p r o t e c t a g a i n s t b a c k p r e s s u r e , b u t w i l l p r o t e c t a g a i n s t
b a c k s i p h o n a g e w h e n o p e r a t i n g p r o p e r l y . P r e s s u r e v a c u u m b r e a k e r s m a y b e u s e d i n l o w ,
m o d e r a t e o r h i g h h a z a r d s i h i a t i o n s s u b j e c t t o b a c k s i p h o n a g e o n l y .
4 . A d o u b l e g a t e - d o u b l e c h e c k v a l v e a s s e m b l y s h a l l n o t b e u s e d i n h i g h h a z a r d s i t u a t i o n s .
5 . B a r o m e t r i c l o o p s a r e n o t a c c e p t a b l e .
6 . I n t e r c h a n g e a b l e c o n n e c t i o n s o r c h a n g e - o v e r d e v i c e s a r e n o t a c c e p t a b l e .
X I . B a e l c f l o w P r e v e n t i o n D e v i c e s a n d B a e l c f l o w P r e v e n t i o n b y S e p a r a t i o n f o r
C o n t a i n m e n t
1. Backflow prevention devices for containment include the Reduced Pressure Principle
backflow prevention assembly (RPZ), the Double Gate -Double Check valve assembly
DGDC, and the pressure vacuum breaker assembly (PVB).
2. Backflow prevention by separation shall be an air gap or physical disconnection. The
minimum air gap shall be 6 inches or hvo times the pipe diameter.
3. Backflow prevention devices shall be of the approved type and shall comply with the
most recent American Water Works Association Standards and shall be approved for
contaimnent by the University of Southern California, Foundation for Cross Connection
Control and Hydraulic Research.
4. Backflow prevention devices shall be installed in a manner approved by the Director and
in accordance with the University of Southern California, Foundation for Cross-
Connection Control and Hydraulic Research recommendations and the manufacturer's
installation instructions. Vertical or horizontal positioning shall be as approved by the
University of Southern California, Foundation for Cross-Connection Control and
Hydraulic Research.
5. For the purpose of application to Special Conditions, point-of--use isolation devices or
separations shall be as specified by the Director where reasonable assurance can be
shown that the device or separation will protect the waterworks. As a minimum, point-of-
use devices should bear an appropriate American Society of Sanitary Engineering
Standard Number. See the Cross Connection Control Program, Appendix A, for Isolation
Device Application.
6. Backflow prevention devices with openings, outlets, or vents that are designed to operate
or open during backflow prevention shall not be installed in pits or areas subject to
flooding.
XII. Maintenance and Inspection Requirements
A. It shall be the responsibility of the consumer to maintain all backflow prevention devices
or separations installed in good working order and to make no piping or other
arrangements for the purpose of bypassing or defeating backflow prevention devices or
separations.
B. Operational testing and inspection schedules shall be established by the Director as
outlined in the Cross Connection Control Program for all backflow prevention devices
and separations which are installed at the sewice connection. The inteiroal behveen
testing and inspection of each device shall be established in accordance with the age and
condition of the device and the device manufacturer's recommendations. Backflow
prevention device and separation inspection and testing intervals shall not exceed 1 year.
C. Backflow prevention device overhaul procedures and replacement parts shall be in
accordance with the manufachirer's recommendations.
D. Backflow prevention device testing procedures shall be in accordance with the University
of Southern California, Foundation for Cross-Connection Control and Hydraulic
Research, Backflow Prevention Assembly Field Test Procedure and the manufacturer's
instructions.
XIII. Recm•ds
I . An up-to-date database of all cross connection control devices (including pressure
sensing devices) or separations (including separations from auxiliary or nonpotable water
systems and air gaps) installed shall be maintained by the Town. The database at a
minimum will contain:
A. Location of backflow prevention device (address)
B. Manufacturer of device
C. Device model number
D. Device serial number
E. Device size
F. ASSE number
G. Device testing frequency
N. Last date tested
I. Pressure sensing device pressure set point (if applicable)
Test results will be maintained by the waterworks owner for ten years.
XIV. Procedures
1. Each residence or business will be accessed at least annually for cross connection
hazards. Assessment may be performed by voluntary inspections, interviews, or by
responding to mailed letter and testing report. Interviews may be conducted on-site or by
telephone.
2. Each customer will be notified in writing as to any testing requirements 30 days prior to
their annual due date. The form letter in Appendix C will be used to notify residents of
testing due. The deadline for completing the installation will be 30 days. The form letter
in Appendix C will be used to notify residents as stated above.
3. Customers requesting a new service connection or reconnection to the waterworks must
be assessed by on-site interview and inspection for cross connection hazards and the
appropriate separation installed, inspected, and operational prior to making the service
connection.
4. 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, sampling and testing.
5. Any consumer found to be violating or in violation of any provision of this division shall
be served a written notice and order sent certified mail to the consumer's last-known post
office address, stating the nature of the violation, corrective action required and providing
a reasonable time limit, not to exceed 30 days, from the date of receipt of notice and
order, to bring the devices into compliance with this division.
6. Water service to a consumer shall be denied or discontinued upon continuation of any
violation beyond the time limit provided in the notice given. When service is so
discontinued, a fee for this resumption of service, after correction of said violation, in the
amount established by the town council shall be charged.
7. Prior to issuance of Town of Leesburg Occupancy Permit, building must be inspected for
compliance with cross connection and backflow prevention requirements. Owner is
responsible for having all testable devices tested by a certified tester and documentation
provided to the Department of Utilities prior to sign off
XIV. Definitions
Ab• Gad -means the unobstructed vertical distance through the free atmosphere between the
lowest point of the potable water outlet and the rim of the receiving vessel.
Auxiliary Water System -means any water system on or available to the premises other than the
waterworks. These auxiliaryy waters may include water from a source such as wells. lakes, or
streams; or process fluids; or used water. They may be polluted or contaminated or
objectionable, or constitute an unapproved water source or system over which the water purveyor
does not have control
Backflorv -means the flow of water or other liquids, mixtures, or substances into a waterworks
from any source or sources other than its intended source.
BnckJlow Prevention by Separation ("Separation ) -means preventing backflow by either an
air gap or by physical disconnection of a waterworks by the removal or absence of pipes, fittings,
or fixtures that connect a waterworks directly or indirectly to a nonpotable system or one of
questionable quality.
Back/low Prevention Device ("Device') -means any approved device intended to prevent
backflow into a waterworks.
6ackpress:a•e BackJlorn -means backflow caused by pressw•e in the downstream piping which
is superior to the supply pressure at the point of consideration.
Backsiphonage BackJloir -means backflow caused by a reduction in pressure which causes a
partial vacuum creating a siphon effect.
Consaurer -means person who drinks water from a waterworks.
Consmner's Water Supply System ("Consraner's System ) -means the water service pipe,
water distributing pipes, and necessary connecting pipes, fittings, control valves, and all
appurtenances in or adjacent to the building or premises.
Containment -means the prevention of backflow into a waterworks from a consumer's water
supply system by a backflow prevention device or by backflow prevention by separation in the
service connection.
Conknninant -means any objectionable or hazardous physical, chemical, biological, or
radiological substance or matter in water.
Cross Connection -means any connection or structural arrangement, direct or indirect, to the
waterworks whereby backflow can occur.
Degree of Flazcu•d -means either a high, moderate or low hazard based on the nature of the
contaminant; the potential health hazard; the probability of the backflow occurrence; the method
of backflow either by backpressure or by backsiphonage; and the potential effect on waterworks
structures, equipment, and appurtenances used in the storage, collection, purification, treatment,
and distribution of pure water.
Dh•ector-means the Director of the Town of Leesburg Department of Utilities.
Distribution Main - means a water main whose primacy purpose is to provide treated water to
service connections.
Diriston -means the Commomvealth of Virginia, Virginia Department of Health, Office of
Water programs, Division of Water Supply Engineering.
Domestic Use or Usage -means normal family or household use, including drinking,
laundering, bathing, cooking, heating, cleaning and flushing toilets.
Doub/e Gate-Doable Check Valve Assembly -means an approved assembly designed to prevent
backsiphonage or backpressure backflow and used for moderate or low hazard situations,
composed of two independently operating, spring-loaded check valves, tightly closing shutoff
valves located at each end of the assembly and fitted with properly located test cocks.
Lntry Poinl -means the place where water from the source is delivered to the distribution
system.
Heatth Hazard -means any condition, device, or practice in a waterworks or its operation that
creates, or may create, a danger to the health and well being of the water consumer.
Isolation -means the prevention of backflow into a waterworks from a consumer's water
supply system by a backflow prevention device or by backflow prevention by separation at the
sources of potential contamination in the conswner's water supply system. This is also called
point-of--use isolation. Isolation of an area or zone within a consumer's water supply system
confines the potential sow•ce of contamination to a specific area or zone. This is called area or
zone isolation.
Haxinnon Contaminant Level -means the maximum permissible level of a contaminant in
water which is delivered to the fi•ee flowing outlet of the ultimate user of a waterworks, except in
the cases of turbidity and VOC's, where the maximum permissible level is measured at each
entry point to the dishribution system. Contaminants added to the water under circumstances
controlled by the user, except those resulting from corrosion of piping and plumbing caused by
water quality, are excluded fi•om this definition. Maximmn contaminant levels may be either
"primary" (PMCL) meaning based on health considerations or "secondary" (SMCL) meaning
based on aesthetic considerations.
Phunbing Firnrre - means a receptacle a• device which is either permanently or temporarily
connected to the water distribution system of the premises, and demands a supply of water there
from; or discharges used water, waste materials, or sewage either directly or indirectly to the
drainage system of the premises; or requires both a water supply connection and a discharge to
the drainage system of the premises.
Pollution -means the presence of any foreign substance (chemical, physical, radiological, or
biological) in water that tends to degrade its quality so as to constitute an umiecessary risk or
impair the usefulness of the water.
Polhrtion Hazard - means a condition through which an aesthetically objectionable or
degrading material may enter the waterworks or a consumer's water system.
Prendses - means a piece of real estate; house or building and its land
Pressure Vacuum Breaker - means an approved assembly designed to prevent backsiphonage
backflow and used for high, moderate, or low hazard situations, composed of one or rivo
independently operating, spring-loaded check valves; an independently operating, spring-loaded
air-inlet valve; tightly closing shutoff valves located at each end of the assembly; and fitted with
properly located tests cocks.
Process Fquids• -means any kind of fluid or solution which may be chemically, biologically, or
otherwise contaminated or polluted which would constitute a health, pollutional, or system
hazard if introduced into the waterworks. This includes, but is not limited to:
1. Polluted or contaminated water,
2. Process waters,
3. Used water, originating from the waterworks which may have deteriorated in sanitary
quality,
4. Cooling waters,
5. Contaminated natural waters taken from wells, lakes, streams, or irrigation systems,
6. Chemicals in solution or suspension, and
7. Oils, gases, acids, alkalis, and other liquids and gaseous fluid used in industrial or other
processes, or for fire fighting purposes.
Prrr•e Water or PotcrGle Water -means water fit for human consumption and domestic use
which is sanitary and normally free of minerals, organic substances, and toxic agents in excess of
reasonable amounts for domestic usage in the area served and normally adequate in quantity and
quality for the minimum health requirements of the persons served.
Reduced Pressure Principle Backflorr Prevention Device (RPZ) device) -means an approved
assembly designed to prevent backsiphonage or backpressure backflow used for high, moderate,
or low hazard situations, composed of a minimum of two independently operating, spring-loaded
check valves together with an independent, hydraulically operating pressure differential relief
valve located between the rivo check valves. During normal flow and at the cessation of normal
flow, the pressure befi~een these two checks shall be less than the supply pressure. The unit must
include tightly closing shutoff valves located at each end of the assembly and be fitted with
properly located test cocks.
Service Connection -means the point of delivery of water to a customer's building
service line as follows:
1. If a meter is installed, the service connection is the downstream side of the meter;
2. If a meter is not installed, the service connection is the point of connection to the
waterworks;
3. When the water purveyor is also the building owner, the service connection is the enhy
point to the building.
System Hazard - means a condition posing a threat of or actually causing damage to the
physical properties of the waterworks or a consumer's water supply system.
Torun-means the Town of Leesburg Department of Utilities.
Used tVcrter-means water supplied from the waterworks to a consumer's water supply system
after it has passed through the service connection.
YVater Supply -means the water that shall have been taken into a waterworks from all wells,
sh•eams, springs, lakes, and other bodies of surface water (natural or impounded), and the
tributaries thereto, and all impounded groundwater, but the term "water supply" shall not include
any waters above the point of intake of such waterworks.
Wcrlenworks- means a system that serves piped water for drinking or domestic use to (1) the
public, (2) at least 15 connections, or (3) an average of 25 individuals for at least 60 days out of
the year. The term "waterworks" shall include all structures, equipment, and appwrtenances used
in the storage, collection, purification, treaUnent, and distribution of pure water except the piping
and fixtures inside the building where such water is delivered (see Title 32.1, Article 2, Code of
Vhginicr, 1950, as amended).
Waterworks Owner- means an individual, group of individuals, pairtnership, firm, association,
institution, corporation, government entity, or the Federal Government which supplies or
proposed to supply water to any person within this State from or by means of any watervorks
(see Title 32. I, Article 2, Code of Virginia, 1950, as amended).
TABLE I -DETERMINATION OF DEGREE OF HAZARD
Premises with the following conditions shall be rated at the corresponding degree of hazard.
Hazard T e Conditions Exam les
High -The In the event of backflow of the Sewage, used water,
contaminant is contaminant, a health hazard would nonpotable water, auxiliai}~
toxic, poisonous, exist. water systems and toxic or
noxious or A high probability exists of a hazardous chemicals.
unhealthy. backflow occurrence either by
backpressure or by backsiphonage.
^ The contaminant would disrupt the
seiroice of piped water for drinking
or domestic use.
Low -The In the event of backflow of the Food stuff, nontoxic
contaminant contaminant, a health hazard would chemicals and nonhazardous
would only not exist. chemicals.
degrade the A low probability exists of the
quality of the occurrence of backflow,
water Backflow would not occur by
aesthetically. backsiphonage.
The contaminant would not disrupt
service of piped water.
Appendix
Appendix A -Guide to Assessment of Hazard and Selection of Backflow Devices
Appendix B -Details
Drawing 1 Irrigation System Protection with Internal Backflow Device
Drawing 2 Irrigation System Protection with Exterior Backflow Device
Drawing 3 Film Developing Tank
Drawing 4 Commercial Dishwasher
Drawing 5 Commercial Washer
Drawing 6 Typical Meter Setter with Dual Check Valve (1"and Smaller)
Drawing 6a Typical Meter Setter with Dual Check Valve (1.5" and 2")
Drawing 7 Typical Double Check Double Gate Valve for Service Line Larger
than 2"
Drawing 8 Water Hauling Truck
Drawing 9 Commercial Fire Line Protection
Drawing 10 Carbonated Beverage Dispenser
Drawing l l Typical RPZ Device for Service Line Larger than 2"
Appendix C -Sample Cross Comiection Survey Ponn, Backflow Test Report and Cross
Connection Letters
Appendix D - Thermal Expansion
Appendix A
This Appendix Section was prepared to establish guidelines to assist plumbers, suppliers, cross
connection control inspectors, plumbing officials, regulatory agencies, etc., in the selection of
backflow prevention devices for typical potable water fixtwes throughout the indusby. This section
should be utilized as a guide for selection of backflow devices.
The use of manufacturer's trade names in this manual is for reference as to type, quality, materials
and workmanship and shall not be considered as product endorsement by preparer's of this manual.
GUIDE TO THE ASSESSMENT OF
HAZARD AND SELECTION OF BACKFLOW DEVICES
Internal Fixtures Requiring Approved Devices Applicable
Backflow Protection Section s
L Coffee Urns Dual check backflow reventer 9
2. Commercial dishwasher Atmos heric vacuum breaker 6 and 10
3. Commercial arba a dis oral Atmos heric vacuum breaker 6 and 10
4. Hose bibs - Vacuum breaker that permits manual 8
• Outside draining for freeze protection
^ Inside - Vacuum breaker 8
Note: All set screws must be secured
and broken off
S. Sterilizers Dual check backflow reventer 9
6. Water closet tank Anti-siphon ball cock (1" above water
level
7. Vacuum pumps Backflow preventer with intermediate S
abnos heric vent
8. Residential lawn sprinkler Reduced pressure principle backflow 2
reventer
9. Commercial lawn sprinkler Reduced pressw~e principle backflow 2 & ] 0
preventer. Locate devices 4 feet above
floor and readil accessible
10. Commercial laundry Backflow preventer with intermediate S
ahnos heric vent
11. Laundry trays or janita•'s sink Atmospheric vacuum breaker or hose 6 & 8
connection vacuum breaker
12, Tank vats or other vessels containing Reduced pressure principle backflow 2
toxic substances reventer
13, lce makers Air gap, atmospheric vacuum breaker or Sand 6
backflow preventer with intermediate
atmos heric vent
14. Shatn oo sink Dual check backflow reventer 9
1S. Soda fountain Dual check backflow reventer 9
16. Film developing tank Atmospheric vacuum breaker and 6 and 10
tem erin valve
17. Film processor Reduced pressure principle backflow 2
reventer
18. Swimmin ools Air a
19. Yard hydrants Dual check valve assembly. Also install
non otable water si ns metal 4
20. Autoclave Dual check valve assembl 9
21. Boiler feed lines
• Toxic chemicals Reduced pressure principle backflow
reventer 2
^ Nontoxic chemicals Backflow preventer with atmospheric
vent 5
22. Air conditionin chill water
• Toxic chemicals Reduced pressure principle backflow
reventer 2
• Nontoxic chemicals Backflow preventer with atmospheric
vent 5
23. Air conditionin condenser water
^ Toxic chemicals Reduced pressure principle backflow
reventer 2
• Nontoxic chemicals Backflow preventer with atmospheric
vent S
24. Air conditionin coolin towers Air a with no attached threads
• Chemical addition Reduced pressure principle backflow
reventer 2
25. Dental cus idor Air a
26. Flush valves Vacuum breaker 10 and Il
27. Ornamental fountains Dual check valve assembl 4
28. Soa dis enser Atmos heric vacuum breaker 6
29. Domestic flexible shower heads Dual check valve assembl 9
30. Commercials ra head Dual check valve assembl 4 and 9
31. Serrated faucet Dual check valve assembl 9
32. Ba tismal fountain Air a , or dual check valve assembl 4
33. Bed an washer Atmos heric vacuum breaker 6
34. As irator Atmos heric vacuum breaker 6
35. S ecimen tanks Atmos heric vacuum breaker 6
36. Autos & mortuai a ui ment
• Service line Reduced pressure principle backflow
reventer 2
• All equipment to be
individual) rotected
37. Bidet Atmos heric vacuum breaker 6
38. Bottle washer Atmos heric vacuum breaker 6
39. H dro-theca baths Atmos heric vacuum breaker 6
40. Pi ette washer Atmos heric vacuum breaker 6
41. Pump prime lines Backflow preventer with intermediate
atmos heric vent 5
42. Car washes
• Main feed line Reduced pressure principle backflow
reventer 2
• Internal equipment to be
rotected on individual basis
43. Fires rinkler s stems with chemical Contact Town
addition
44. Fires rinkler s stems nontoxic Contact Town
45. Degreasing equipment Backflow preventer with intermediate 5
atmos heric vent
46. Heat exchanger used for domestic hot
water
• Double wall heat exchan er
• Toxic chemicals Reduced pressure principle Backflow 2
reventer
47. Sewer flushing equipment Air gap or reduced pressw'e principle 2
Backflow reventer
48. Kitchen equipment Equipment to be protected on individual
basis
49. Commercial water softeners Reduced pressure principle Backflow 2
reventer
50. Livestock water systems Internal connections to be protected on
individual basis
51 Dairy equipment Internal connections to be protected on
individual basis
52. Booster um s Low ressure cutoff switch
53. Laboratory sinks - Double check valve with intermediate 9
vacuum breaker
54. Vending machines Double check valve with intermediate 9
vacuum breaker
55. Dr cleanin a ui ment Reduced ressure Backflow reventer 2
56. Laboratories All water outlets to be individually
rotected
57. Water haulm trucks Air a or double check valve assembl 3
58. Bathtub with water fill below water Atmospheric vacuum breaker located 6
level between faucet and discharge, 6 inches
above flood level and accessible
Section 2
Reduced pressure principle backflow preventer
ASSE. Standard No. 1013
Sizes'/a"- 10"
Examples of Approved Devices
t. Zurn/Wilkens -Model S75
2. Watts - 909
3. Febco - 825, 825Y
4, Conbraco - XL RP
S. Ames - RP
6. Mueller- H-9506
7. Hersey - 6 CM, Model FRP
8. CLA - VAL - RP I, RP2
9. Rain-Bird - RPA
*All devices which meet ASSE. Standard No. 1013 are acceptable.
*Locate devices 4 feet above floor and readily accessible.
*Devices are to be tested annually or on a more frequent basis depending on the degree of hazard as
determined by the governing authority.
*All backflow prevention devices shall meet the following ASSE. applicable standards.
Device ASSE. Standard
• Reduced pressure principle backflow preventer ASSE. No. 1013
o Sizes 3/4"' - 10"
• Double check valve assembly ASSE. No. 101 S
o Sizes ''/z" - 10"
• Dual check valve assembly ASSE. -No. 1024
o Sizes %" - I"
• Backflow preventer with intermediate atmospheric vent ASSE. No. 1012
o Sizes %z" -'/a"
• Atmospheric vacuum breakers ASSE. No. 1001
o Sizes'/<"-4"
• Anti-siphon pressure type vacuum breakers ASSE. No. 1020
o Sizes %z"-2"
• Hose connection vacuum breakers ASSE. No. 1011
o Sizes'/n"
• ANSI/ASSE 1019
• Laboratory faucet double check valve with intermediate vacuum breaker ASSE. No. 1035
o Sizes''/n" - 3/8"
Section 3
Double Check Valve Assembly
ASSE. No. 1015
Sizes %z" - 10"
Examples of Approved Devices
I. Febco SOSY, 805
2. Watts 709
3. Zurn/Wilkens 550, SSOM
4. Hersey FDC
5. CLA - VAL D2, D
6. Rain-Bird DC-075 through DC 1000
7. Mueller H-9505
8. Ames DC
9. Conbraco XL DC
*All devices which meet ASSE. Standard No. 1015 are acceptable.
*Locate devices 4 feet above floor and readily accessible.
Section 4
Dual Check Valve Assembly
ASSE. Standard No. 1024
Sizes %z"- 1"
Examples of Approved Devices
I. Watts No. 7
2. Febco 810
3. Zurn/Wilkens No. 700
4, Hersey Model BSG
5. Ford HHC
*All devices which meet ASSE. Standard No. 1024 are acceptable.
Section 5
Backflow Preventer with Intermediate Atmospheric Vent
ASSE. Standard No. 1012
Sizes %:" -'/a"
Examples of Approved Devices
I. Hersey Model BCP
2. Watts 9-D
*All devices which meet ASSE. Standard No. 1012 are acceptable.
Section 6
Atmospheric Vacuum Breakers
ASSE. Standard No. 1001
Sizes'/"-4"
Examples of Approved Devices
1. Febco 710/715
2. Zurn/Wilkens 300, 315, 320
3. Watts 288A
*All devices which meet ASSE. Standard No. 1001 are acceptable.
*Device shall not be installed under exhaust hoods or similar locations which will contain toxic
fwnes or vapors.
Section 7
Anti-Siphon Pressure Type Vacuum Breakers
ASSE. Standard No. 1020
Sizes %" - 2"
Examples of Approved Devices
I. Watts No. 800
2. Zun>/Wilkens 720A
3. Febco 765
4. CLA - VAL 27
*All devices which meet ASSE. Standard No. 1020 are acceptable.
Section 8
Hose Connection Vacuum Breakers
ASSE. Standard No. I OI 1
Size''/4"
Examples of Approved Devices
I. Watts
No. 8B
No, 8A
No. NF-8, permits manual draining for freezing conditions
2. Febco 730
3. Zurn/Wilkens BFP-8
*All devices which meet ASSE. Standard No. 101 I are acceptable.
Section 9
Labm•atm•y Faucet Double Check Valve with Intermediate Vacuum Breaker
ASSE. No. 1035
Sizes'/<" - 3/8"
Examples of Approved Devices
I. Watts
No. NLF9 (Laboratory faucets) noncontinuous pressure application.
Watts N9 (continuous pressure applications)
*All devices which meet ASSE. Standard No. 1035 are acceptable,
Appendix B -Details
Appendix C -Sample Cross Connection Survey Form
Appendix D -Sample Backflow Test Report
Appendix E -Sample Cross Connection Letters
Appendix F -Thermal Expansion
Appendix B -Details
Appendix C -Sample Cross Connection Survey Form
Appendix D -Sample Backflow Test Report
Appendix E -Sample Cross Connection Letters
Appendix F -Thermal Expansion
Section 10
Dual Check /Beverage Dispensers Only
ASSE, No. 1032
Sizes %<"- 1/2"
Examples of Approved Devices
I .Carman CI-4004
2. Chudnow S47D
3. Lancer l7-0341
*AIl devices which meet ASSE. Standard No. 1032 are acceptable.
Appendix B
The Town of CROSS-CONNECTION AND BACKFLOW
nncr T/Y 1T A~Tr /v /~1T(v IT1TlT T/'~R~il~l.T C'~R~A/.TTIAPP
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Virginia DESIGN AND CONSTRUCTION STANDARD
Fiberglass or
Metal Box
Enclosure
Unions for Seasonal
Removal of RPZ-
Approved RPZ Device
1'-0" Min.
4'-0" Max.
1
a a
4 0 .
a
a Q
a °
a . a 4
-~JConcrete Pad or J Pipe Sleeve ~ t ~„
-y Gravel Bedding ~
Irrigation Supply Line Drain To Irrigation lines
NOTES:
A. All pipe through concrete to be sleeved.
B. RPZ device shall be readily accessible for inspection and testing.
C. No connection will be permitted on supply line between meter and RPZ device.
D. Shut off valves shall be installed before and after the RPZ device.
E. RPZ shall be an approved ASSE 1013 device.
F. For a concrete pad, positive drainage shall be provided with a drain pipe.
ItL'V1J1V1VJ DRAWING
No-- DATE; _- IRRIGATION SYSTEM 2
1 PROTECTION WITH
EXTERIOR BACKFLOW DEVICE PAGE
2
The Town of CROSS-CONNECTION AND BACKFLOW
r. r...r..,r ~ irr~ ivnrrn mr~rrnmrn it nm ~ iiri ~ nn
The Town of CROSS-CONNECTION AND BACKFLOW
r.nnrn it ~irr~ nn~rmm~rrnmr~~r cvm~~rn inn
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Virginia DESIGN AND CONSTRUCTION STANDARD
NOTES:
A. The backflow prevention device shall be readily accessible for inspection.
DRAWING
5
COMMERICAL WASHER
PAGE
5
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Virginia DESIGN AND CONSTRUCTION STANDARD
Lid to be placed:
2" above finished grade prior to sodding. Easement or
Top of ground or 1" above finished grade prior to seeding. Property Line
finished street surface Flush with final surface when located in sidewalk ~
or trail.
Dual check
I
20"-24"
30" min.
4' min. Meter crock --
Angle
between
30 and 45 1"type "K" seamless copper tubing
degrees
~f.;,: ~.
Service Line ` ' '
,. ~ : ,
6" Compacted gravel '
VDOT No. 68 or 78 ~ I: • , `
Corporation stop: Extend supply line to the
Inlet: AWWA taper property line or edge of easement.
thread
Outlet: Compression 1"type "K" seamless copper tubing ~
Water Main pack Joint
NOTES:
A. Refer to water details WD-10 and WD-11 of Article 2 for sizing combinations of
the service line and meter.
B. This detail is for %s', %" or 1" Water Meter.
C. See WD-21, 22 and 23 for meter crock, meter setter and frame and cover specifications.
D. See GN-2 for additional requirements.
E. The meter setter and cross bar shall be centered in the crock and equidistant from the inside edge of the crock.
F. Well draining select material or gravel to be placed under meter crock.
G. Top of water meter crock lid shall not be higher than the final grade of surrounding surfaces including brick
or concrete sidewalk, curb, asphalt trail or seeded/sodded area.
TYPICAL METER SETTER
WITH DUAL CHECK VALVE
(1"AND SMALLER)
DRAWING
s
PAGE
s
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Vir~inra DESIGN AND CONSTRUCTION STANDARD
lid to be placed:
Top of ground or 2" above finished grade prior to sodding.
finished street surface 1" above finished grade prior to seeding.
Flush with final surface when located in
or trail.
18"x18"x6"
concrete collar
with #3 rebar cage
4' min.
Water
Concrete thrust
block
Valve box
Gale I Type K seamless
„~„p, I /copper tubing
MJ plug tapped
with brass fittings
Anchoring coupling 12"
long (min.)
Meter Crock-~) Dual check
Service Line
Easement or
Property Line ti
20"~24"I
6" Compacted gravel
VDOT No. 68 or 78
Extend supply line to the
property line or edge of easement.
Type "K" seamless copper tubing-
NOTES:
A. Refer to water details WD-10 and WD-11 of Article 2 for sizing combinations of
the service line and meter.
e. This deiail is for 1Yz" or 2" Water Meter.
C. See WD-21, 22 and 23 for meter crock, meter setter and frame and cover specifications.
D. See GN-2 for additional requirements.
E. The meter setter and cross bar shall be centered in the crock and equidistant from the inside edge of the crock.
F. Brass adapters are required for the installation.
G. Well draining select material or gravel to be placed under meter crock.
H. Top of water meter crock lid shall not be higher than the final grade of surrounding surfaces including brick or
concrete sidewalk, curb, asphalt trail or seeded/sodded area.
Not To Scale
REVISIONS TYPICAL METER SETTER DRAi9ING
N0. DA_TE: 6A
1 WITH DUAL CHECK VALVE
(1.5" AND 2"~ PAGE
6A
The Town of CROSS-CONNECTION AND BACKFLOW
l,eeSi~llYQ in vlYQlnla DESIGN AND CONSTRUCTION STANDARD
MECHANICAL ROOM
Approved Double Gate
Supply Line ~ Double Check Device
from Meter
1'-0" Min.
4'-0" Max.
Q d Q ° a s d d.
a.' a Q 4
a . o' 4 ~ d 4
NOTES:
A. All pipe through concrete to be sleeved.
B. The double check, double gate device shall be readily accessible for inspection and testing.
C. No connection will be permitted on supply line between meter and double check, double gate device.
D. Shut off valves shall be installed before and after the double check, double gate device.
E. The double check, double gate device shall be an approved ASSE 1015.
F. A floor drain must be installed.
tCC., V1.71VlVJ DRAWING
No. _ DATE: - TYPICAL DOUBLE CHECK 7
1 DOUBLE GATE VALVE FOR
SERVICE LINE LARGER THAN 2" P 7GE
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Virginia DESIGN AND CONSTRUCTION STANDARD
Fill Pipe
Min. 6" or 2 X Pipe Diameter
6" Minimum Air Gap or
2 X Pipe Diameter
Fill Piped ~~~ (Which ever is greater)
Leased Town of ~~
Leesburg
Construction °
Hydrant Meter
__ _~Hose ~ O
NOTES:
A. Anyone found in violation will be prohibited from futher use of the connection and subject to a fine.
B. No direct connections between the fill pipe and the tank will be permitted. (6" Minimum Air Gap)
C. The hydrant will be fully open and the flow regulated by the hand valve.
D. Trucks will be inspected prior to the issuing of a construction hydrant meter and contract.
Additional inspections will be required if violations are noted.
DRAWING
8
WATER HAULING TRUCK
PAGE
8
The Town of CROSS-CONNECTION AND BACKFLOW
nnnrn>.r ~~m nn~imm~rinmrnar CmAlii~AT]Tl
The Town of CROSS-CONNECTION AND BACKFLOW
Leesburg in Virginia DESIGN AND CONSTRUCTION STANDARD
Approved ASSE 1012 Approved ASSE 1022
Backflow Preventer rBackflow Preventer
Potable
Water
Supply
Carbonated
Beverage
Dispenser
Pump
Carbonator
C02 gas
NOTES:
A. The approved ASSE 1012 device and piping downstream shall not be affected by CO gas.
t<>; yIJ1U1VJ DRAWING
N°. DATE` CARBONATED BEVERAGE 10
1
DISPENSER PAGE
10
The Town of CROSS-CONNECTION AND BACKFLOW
r'~r'in Tn it •TrrT nnlrnmTlT rnmTn lT 1Ym 11TTlAnT1
Appendix C
CROSS CONNECTION INSPECTION
INSPECTION DATE:
BiISINESS(FACILITY NAME:
SERVICE ADDRESS:
CONTACT NAME:
CONTACT PRONE #:
MAILING ADDRESS:
Location Protects T e Make/Model Size Serial #
INSPECTED BY: DATE:
GREASE TRAP? YES NO
INTERIOR EXTERIOR
SIZE: (How many gallons?)
Backflow Prevention Device Testing,
Maintenance & Inspection Report
Cross Connection Control Certificate
To be Completed by a Cer•tifred Baekflow Tesler
Address of Device:
Owner !Manager:
Telephone;
Mailing Address:
Contact Person:
Make & Model #:
Size:
Serial #:
Location of Device:
Device connected te: Irrigation Fire System Main Service
(Circle One) Other (please list):
Type of BackfYow Device (Circle One) ~ RPZ DGDCV
CHECK VALVE 1. CHECK VALVE 2. GATE VALVE 3.
CLOSED TIGHT ~ CLOSED TTGHT 8 CLOSEDT IGHT e
RECORD DIFF PSI RKCORU DIFF RECORD DIFF PSI RELIEF
OYERATTONAL TEST AFTER REPAIR
CHECK VALVE I. CHECK VALVE 2, GATE VALVE 3.
LEAKED LEAKED LEAKED
CLOSED TIGHT 8 CLOSED TIGHT e CLOSED TIGHT
RECORD llIFF PSI RECORD D1FF RECORD DIFF PSI RT;LIEF
PST VALVE OPEN AT
Tested By: Certificate #:
Company: Business Tel #:
Signature: Date:
Environmental Compliance Officer Date
RANDOLPH W. SHOEMAKER
Director
Departtnen! of Utilities
s<Orp~,Itepott L'ogo_i$
TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 West Market Street • P.O. Box 88.20178. 703.771-2762 • Metro 703-478.1851 • FAX 703-737.7185 • tvww,ieesburgva.gov
<sLetterS~~t~Sal"~ ~ontfl?ag, Yea Drlbtl€}t~ap; Yearrk
i<MBrltIIg_1~rc>`ifess ».
RE: CROSS CONNECTION CONTROL, BACKFLOW PREVENTION DEVICE ANNUAL
TESTING ATs<Servicegijl($treetAl~I;ess»
Dear
This letter is notification that it is time for your backflow prevention device's annual operational test.
Backflow prevention devices aze required to be connected to irrigation systems in the lawn and fire
sprinkler systems in the home and/or business. Your propetTy has at least one of these systems and devices
requiring this annual test.
Chapter34 of the Leesburg'I'own Code establishes requirements for annual backflow prevention device
testing, to assw•e continued cross connection control compliance with the Virginia Department of Health
Waterworks Reeulations,
Within 30 Days of the date of this letter, please promptly return the enclosed test report certificates}
completed by an individual certified in cross-connection control device testing to the following address:
Totivn of Leesburg
Departtnent of Utilities
ATTN: Lisa Smith
PO Box 88
Leesburg, VA. 20178
Also enclosed is a list of certified testers who have provided proof of certification to test devices as well
as proof of test kit calibration to the Town.
if you have any questions concerning this matter, please contact me at (703) 771-2762. Thank you for
your immediate attention and cooperation in this tnatter.
Sincerely,
Lisa J. Smith
Utilities Generalist
Enclosures
RANDOLPH W. SHOEMAKER
DJrecfor
Department of Utilities
TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 West Market Street • P.O. IIox 88 20178 • 703-771-2762 • Metro 703-d78-1821 PAX 703-737-7185 ~nvw.leesburgva.gov
«Letter~entDafe M`ontfipay, IeaY;Ivton~IrIIa~, Year3
«Ixat_turg`Add[~s~3z
RE: 2Nll NOTICE -CROSS CONNECTION_CONTROL, BACICFLOW PREVENTION DEVICE
ANNUAL TESTING AT ~iS~i•vr~~2Ylltf'PSS>
Dear
To date, the town has received no response from yon regarding written notice for backflow prevention device
testing ofyour irrigation system or fire sprinkler system. Chapter 34 of the Leesburg Town Code establishes
requirements for annual backflow prevention device testing, to assure continued cross connection control
compliance with the Virginia Department of Health Waterworks Regulations.
This letter is your Second Notitication regarding the requirement for annual testing ofyour testable backflow
prevention device(s). If the enclosed certification(s) for your backflow device(s) is not completed indicating it
is operating properly by a certified tester within 14 days of receipt of this letter, water service termination
procedures will be instituted by the Town of Leesburg. Please send completed test form to the following
address:
Town of Leesburg
Department of Utilities
ATTN: Lisa Smith
P.O. Box 88
Leesburg, VA. 20178
If you have any questions concerning this mattel•, please contact me at (703) 771-2762. Thank you for your
immediate attention and cooperation in this matter.
Sinceroly
Lisa J. Smith
Utilities Generalist
RAIJDOLPH W. SHOEMAKER
Director
Deparhnent of Utilities
«Org~ ffepo~ Iogoc
TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 West Market Street • P.O. Box 88.20178.703-771-2762 • Metro 703.478-1851 • FAX 703-737-7185 • www.leesburgva.gov
S<Ielter~entDate Mdn'(l bay, Y'ea' Ivfontlr I)aq, Year}>_
CERTIFIED MAIL
«Ivfdr}mg ~ikddi•ess ii
RE: FINAL NOTICE -CROSS CONNECTION AND BACKFLOW PREVENTION DEVICE
ANNUAL TESTING AT z~a~~mcchsldrea93s
Dear
To the Town has not received test results from you regarding our written notice for passing
backflow prevention device testing.
__
This leaves us no alternative but to terminate your water service, effective sfKespons;~ueDlfti:~~~a.
However, you may avoid termination of service and a reconnection fee by submitting to us
written certification stating thatyour backflow prevention device(s) has been tested and passed the
required test at your premises. The necessary form was,provided to you in your first two notices,
If we do not hear fiom you by i~gspvn~~DueDaYg.»', the 'town will institute termination
procedures.
We regret Having to take such drastic action, however, protection of the Town's water utility
system is pat~amount in providing for the health, safety and welfare of all our citizens.
Should you have any questions, please contact me at the Town's Utilities Department at 703-771-
2762. Thank you for your immediate attention to this request.
Sincerely,
Lisa J. Smith
Utilities Generalist
cc: Randolph W. Shoemaker, Director of Utilities
Terry Frye, General Services Manager
RANDOLYH W. SHOEMATCER
pirector
Deparhnent of Utilities
St~e~RppQk~r v8g0i5;
'TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 West Market Street • P.O. Box 88.20178.703.771-2762 • Metro 703-478.1851 • FAX 703-737-7185 • www.leesburgva.gov
f~gtYerSerit77' ate ~Montlt Day, Yea~It~onth 17ag, Ire~t`
<zIvPalYing~d~r~s~ 3z
RE: CROSS CONNEC'PION CONTROI„ BACKFLOW PREVENTION DEVICE INSPECTION
at c~eLv~ceTtatt~~re~`}<Addres~=3F
Dear
With the cooperation of your staff the Town's )environmental Compliance Officer recently
inspected your premises to determine the integrity and safety of the water supply service. During
that inspection it was determined that there were certain deficiencies that need to be corrected to
protect the potable water supply.
A list of the items that require attention is attached. Approved backflow prevention assemblies
must be installed to comply with the enabling water safety legislation and the regulations of the
Leesburg Town Code and Virginia Deparhnent of Health Waterworks Regulations.
The installed backflow prevention assemblies must be tested upon installation and regularly
thereafter by a licensed tester. For your convenience, we have attached a list of tasters licensed to
install, service and test backflow prevention assemblies within the Town. On completion of the
installation and test an inspection report must be completed and rehlmed to this office.
The installation and testing of the backflow prevention assemblies should be completed within 30
days of the date of this letter.
If you have any questions, please contact me at 703-771-2762.
Sincerely,
Lisa J. Smith
Utilities Generalist
RANDOLPH W. SHOEMAKER
Direclar
Department of Utilities
«OrgTI€~ptrrf Istigon
TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 Walt Market Strcct • P.O. Box 88.20178.703.771.2762 • Meho 703.478.1851 • PAX 703.737.7185 • www.leesburgva.gov
Date
itTTl~Iaa~tttt~ Addtess>
-,
- - _.
RE: Lawn Irrigation System at «Ser_t~r~te~u11SU'iv~~dr@ss~a
Dent «Ma~>~eeettti~
Recently you had spoken to us regarding operation of your irrigation system. Should you choose not to
use this system, you must have it physically disconnected from your domestic water service. The Town
must then conduct an inspection to ensure this work has been adequately and property completed.
Please call me at 703-771-2762 within 10 days of the date of this letter to schedule a time fot• ottr
Environmental Compliance Officer, Alex Barrett to conduct this inspection.
Thank you for your immediate attention to this request.
Sincerely,
Lisa 7. Smith
Utilities Generalist
cc: Alex Barrett, Environmental Compliance Officer
RANDOLPH W. SHOEMAKER
Director
Deparmtent oJUtttilies
«Org_I~egort ~~4)
TOWN OF LEESBURG
DEPARTMENT OF UTILITIES
25 West Marke! Sheet • P.O. Bux 88.20178.103.771-2762 • Metro 703.478-1851 • FAX 703.737.7185 • www.leesburgva.gov
«Tett~rSet<rtat~~onth Day, Year IvlonthDay; ~''e~rS
«.~%Iatl~ng Alc~re~~s
Dear <zTvl`ail ~E~iree`~ng if,
It has come ~to our attention that a lawn irrigation system has been installed at your address
located at strvtce~dxess'3~.
hrigation systems located within the Town of Leesburg's water service area require backflow
prevention devices which are required to be tested on a regular basis.
Chapter 34 of the Leesburg Town Code establishes requirements for annual backflow
prevention device testing, to assure continued cross connection control compliance with the
Virginia Department of Health Waterworks Regulations.
This is notification that you a~•e required to have your irrigation system's device tested by an
individual certified in cross connection and backflow testing, and a completed test report
returned to our office within 30 days from the date of this letter. Please find enclosed the
necessary backflow test form to be completed after testing the device.
While the'I'own does not endorse testers, as a courtesy, enclosed is a list of certified testers who
have provided proof of certification to test devices as well as proof of test kit calibration to the
Town. You are not required to use a tester on this list, it is merely offered for your information.
If you have any questions, please feel free to contact me at 703-771-2762. Thank you for your
prompt attention to this important matter.
Sincerely,
Lisa J. Smith
Utilities Generalist
Enclosures
RANDOLPH W. SHOEMAKER
Director
Departnreni of Utilities
«t3r`~I2eperf i;ogo £_s
TOWN OT LEESBURG
DEPARTMENT Or UTILITIES
25 tVest Market Street • P.O. Box RR • 20178.703-771-2762 • Metro 703.478.1851 • FAX 703.737-7185 • vnvw.leesburgva.gov
z<I~tterSeli~Date ,IVTorfDay, Year Month Day, Yeai<rr
uTtz~azling ~Adirass>
Re: Second Notice New Installation of Backflow Prevention Assembl
Dear zz]'vFar`~ "Gree4r~t~,
To date, the town has received no response from you regarding written notice for backflow
prevention device testing of your lawn irrigation system. Chapter 34 of the Leesburc
Town Code establishes requirements for annual backflow prevention device testing, to
assure continued cross connection control compliance with the Virginia Department of
Health Waterworks Regulations. In order to comply, the backflow device connected to
your lawn irrigation system must be tested annually by a certified and licensed tester and
results submitted to our office.
This letter is a second notification that the requested test must be completed and the
enclosed backflow device test form returned to this office within 15 days of the date of this
letter or the water service to your property maybe discontinued without further notice.
If you have any questions, please contact me at 703-771-2762. "Thank you for your
immediate attention to this requirement.
Sincerely,
Lisa J. Smith
Utilities Generalist
enclosure
Appendix D
RANDOLPH W. SHOEMAKER
Director
Department of UttllNes
pr C:
~~ b~
O ~
' ;
`e
TOWN OF LEESBURG
llEPARTMENT OF UTILITIES
25 West Market Sheet P.O. box 88 20178 703-771.2750 Meho 703-478-1821 FAX 703-737-7185 vr,nv.leasburgva.gov
CF,RTIFIED MAIL
Customer Name
Customer Address
R>;: Service Connection at Service Address
Dear Mr/Ms.:
The Town's Utilities Department recently installed a new water meter assembly serving your property.
As required by the Virginia Water Regulations, this assembly includes a backflow prevention device
commonly referred to as a double check valve assembly which will prevent, under certain conditions, the
backflow of water from your residence to the town's water system. We bring this matter to your attention
to ensure there will be no problems experienced with your new water service after completion of this
work, As a courtesy, we have temporarily disabled the backflow device to allow you sufficient time to
review and revise your household plumbing, as necessary. The town's utility technician will return
within fhe nexi 30 clays to activate your check valve installation.
In some instances, residential hot water systems are improperly designed or installed such that they allow
pressure to build up (due to the expansion of the water when it is heated) and be released through the
public water system. If your phimbing system is unprotected against thermal expansion, the device we
have installed will not allow the pressure to be released through the public water system, causing the
pressure relief valve on your hot water heater tank to open briefly.
The hest protection for your water system can be provided by the use of one of the plumbing devices
described in the attached bulletin. It contains technical information and descriptions of four different
methods used to control thermal expansion. If you should encounter a problem in obtaining one of these
devices, or have any questions, please contact meat 703-7? 1-2762.
Thank you for your prompt attention to this matter
Sincerely,
Lisa J. Smith
Utilities Generalist
Attachment
ec: Property File
PLUMBING INSTALLATION BULLETIN
The Town of Leesburg has installed a backflow prevention device on your water service which will
protect the Town's water supply from reverse flow of water from your premises.
Virginia's Plumbing Codc requires that wherever a water service is equipped with a backflow
prevention device, the supply system within the premises shall have a device installed to control
build-up of orator pressure, caused by water heating equipment. The increased water pressure is
caused by the volume of water increasing as it is heated: Thet'mal Expansion.
Uncontrolled Thermal Expansion in a closed svstem can result in:
o Discharge of temperature and pressure relief valve on hot water heater due to
excessive pressure buildup in the water system.
a Reduced effectiveness or failure of temperature and pressure relief valves.
o Premature failure of water heater tanks due to the high pressures caused by
thermal expansion.
o Loss of water heating equipment manufacturer's warranty coverage if no
thermal expansion control is provided.
DEVICES WHICH CONTROL THERMAL EXPANSION:
CODE REQUIRES TO BE PERMANENT -SELECT ONE
1 ' n
Expansio
cola ,l Tank
Water }Iot
supply ®
I I Water
OrO
Bn[lcock & Belief Yrelve:
fill tube with pressure
relief port.
(Makes a running water
noise when discharging.)
_~
Heater
0
Tube
Typical Water Closet
Attachment D
~~~
~,~ ~
~~~z:l
TOWN OF LEESBURG
SEWER USE REGULATIONS
July 2009
ORDINANCE NO:
TOWN OF LEESBURG IN VIRGINIA
SEWER USE REGULATIONS
TABLE OF CONTENTS
SECTION 1 GENERAL PROVISIONS
1.1 Purpose and Poiicy............
1.2 Administration ..................
1.3 Abbreviations ....................
1.4 Definitions .........................
SECTION 2 GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards ........................
2.2 National Categorical PretreaGnent Standards...
2.3 State Pretreatment Standards ............................
2.4 Local Limits ......................................................
2.5 Town's Right of Revision .................................
2.6 Dilution .............................................................
SECT[ON 3 PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities ................................................................
3.2 Additional Pretreatment Measures ..............................................
3.3 Accidental Discharge/Slug Control Plans ...................................
3.4 Flauled Waste~vater .....................................................................
SECTION 4 WASTEWATER DISCHARGE PERMIT APPLICATION
4.1 Wastewater Analysis ......................................................................
4.2 Wastewater Discharge Permit Requirement ..................................
4.3 Wastewater Discharge Permitting: Existing Connections............
4.4 Wastewater Discharge Permitting: New Connections ..................
4.5 Wastewater Discharge Permit Application Contents .....................
............1
............ I
............2
............2
..7
..9
..9
10
10
10
I1
II
II
12
..12
..........13
..........13
..........13
..........13
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
5.2 Wastewater Discharge Permit Contents .......................... ...............................15
5.3 Wastewater Discharge Permit Appeals ........................... ...............................15
5.4 Wastewater Discharge Permit Modification ................... ...............................I S
5.5 Wastewater Discharge Permit'il~ansfer .......................... ...............................16
5.6 Wastewater Discharge Permit Revocation ..................... ................................16
5.7 Wastewater Discharge Permit Reissuance ..................... ................................17
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 fi•om Un-permitted Users .................................. ................................21
6.8 Notice ofViolation/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 ...................... ................................23
7.2 Search Warrants ............................................................. ................................23
SECTION 8 CONFIDENTIAL INFORMATION ............................. ................................23
SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE ......24
SECTION 10 ADM[NISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation .................................... ............................................25
10.2 Consent Orders ................................................... ............................................25
10.3 Show Cause Nearing .......................................... ............................................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 I 1 JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relie£ ............................................................................................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
SECTION 15 MISCELLANEOUS PROVISIONS
I5.1 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
INDUSTRIAL WASTE .................................................................................34
SECTION 18 METHOD AND PLACE OF MEASURING, TESTING, ETC. WASTES..34
SECTION 19 SPEC[AL ARRANGEMENTS FOR ACCEPTANCE OF INDUSTRIAL
WASTES ........................................................................................................35
SECTION 20 RIGHT OF ENTRY TO ENFORCE ARTICLE ...........................................35
SECT[ON 21 EFFECTIVE DATE .......................................................................................35
iv
SEWER USE REGULATIONS
SECTION 1 -GENERAL PROVISIONS
I.I Purpose and Policy
These regulations adopted by ordinance set 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 these regulations 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.
These regulations shall apply to all users of the Publicly Owned Treatment Works. The
regulations authorize 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 AdminisU•ation
Except as otherwise provided herein, the Town Manager shall administer, implement, and
enforce the provisions of these regulations. 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 34, A~•ticle IIT,
Sec 34-136)
SEWER USE REGULATIONS
1.3 Abbreviations
The following abbreviations, when used in these regulations, 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/I 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
L4 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in
these regulations, 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/I).
B. Authorized Representative of the User
(1) If the user is a corporation:
(a) The president, secretairy, 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 hvo hundred fifty (250)
2
SEWER USE REGULATIONS
persons or having gross amiual sales or expenditures exceeding
t`venty 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 procedw•es.
(2) If the user is a partnership or sole proprietorship: ageneral partner of
proprietor respectively.
(3) If the user is a Federal, State, or local govermnental 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 fom 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.
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 (I S)
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.
Interference. A discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its d•eatment
SEWER USE REGULATIONS
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
statutorylregulato~y 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 pretreaGnent 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, struchu•e, facility, or installation meeting the criteria of
Section (1)(b) or (c) above but otherwise alters, replaces, or adds to
existing processor production equipment.
4
SEWER USE REGULATIONS
(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, sh•uctures, 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, pa~lnership, 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
inchides 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 preh•eatment standard.
SEWER USE REGULATIONS
R. Pretreahnent Requirements. Any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreahnent standard.
Pretreatment Standards or Standards. Pretreatment standards shall mean
prohibited discharge standards, categorical preh•eatment standards, and local
limits.
T. Prohibited Discharge Standards a' Prohibited Discharges. Absohrte prohibitions
against the discharge of ce~lain substances; these prohibitions appear in Section
2.1 of these regulations.
U. Publicly Owned Treatment Works or POTW. A treahnent 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 natw•e and any conveyances, which convey wastewater to a treatment plant.
V. Significant Indush•ial User.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of hventy-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) [s 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 these
regulations.
SEWER USE RF,GULATIONS
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 indush•ial 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'I'reatment 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
pretreahnent standards or requirements.
B. Specific Prohibitions. No user shall introduce or cause to be introduced into the
POTW the following polhrtants, substances, or wastewater:
(I) Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, wastestreams with aclosed-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 temperahires behveen 32°F (0°C) and I50°P (65.5°C) and a pH
between 5.0 and I1.0, 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,
SEWER USE REGULATIONS
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 temperahn•e at the introduction into the
treatment plant to exceed 104°F (40°C);
(6) Petrolemn 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 these regulations;
(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 REGULATIONS
(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(I;
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 ai 40 CFR Chapter [, 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 Pre0•eahnent 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 PreU•eaUnent 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.
9
SEWER USE REGULATIONS
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/I Arsenic 2.0 mg/I Cyanide
0.1 mg/I Benzene 0.1 mg/I Lead
I.0 mg/I Beryllium 0.1 mg/I Mercury
1000 mg/I BODS 1.0 mg/I Nickel
0.1 mg/I Cadmium 100 mg/I Oil and grease
0.1 mg/I Chromium 1.0 mg/I Selenium
1.0 mg/I Copper 1.0 mg/I Silver
1.0 mg/I Silver 10 mg/I Zinc
0.1 mg/I Total phenols 1.0 mg/I Boron
1000 mg/1 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 Town's 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 REGULATIONS
SECTION 3 -PRETREATMENT OP WASTEWATER
3.1 Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with these regulations
and shall achieve compliance with all categorical pretreatment standards, local limits, and
the prohibitions set out in Section 2.1 of these regulations within the time limitations
specified by EPA, the State, or the Town Manager, whichever is more sh~ingent. 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 these regulations.
3.2 Additional Pretreahnent 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 these regulations.
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 DischargelSlug Control Plans
At least once every two (2) years, the Town Manager shall evaluate whether each
significant indush~ial 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:
SEWER USE REGULATIONS
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 these regulations; and
D. Procedures to prevent adverse impact from any accidental or shag 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 these regulations 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
indush~ial waste is subject to all other requirements of these regulations.
C. Industrial waste haulers may discharge loads only at locations designated by the
Town Manager. No toad may be discharged without prior consent of the Town
Manager. The 'Down 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 awaste-tracking form for eveiry 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
l2
SEWER USE REGULATIONS
is authorized to prepare a form for this pw•pose 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 indusU•ial user that has filed a timely application pursuant to Section
4.3 of these regulations 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 these regulations.
C. Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of these regulations and subjects the wastewater discharge
permittee to the sanctions set out in Sections ] 0 through 12 of these regulations.
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 these regulations and who wishes
to continue such discharges in the futw•e, 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 these regulations, and shall not cause or allow discharges to the POTW to
continue after thirty (30) days of the effective date of these regulations 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 these regulations, 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 REGULATIONS
A. All information required by Section 6.1(B) of these regulations;
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 howl 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 dw•ation 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, h•ue, 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 REGULATIONS
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
tervns 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 ofjudicial 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 REGULATIONS
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 fi•om 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 occm•; and
C. Acknowledges frill responsibility for complying with the existing wastewater
discharge permit.
Faihire 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:
i6
SEWER USE REGULATIONS
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 these regulations;
C. Misrepresentation or failure to fiilly disclose all relevant facts in the wastewater
discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refi~sing to allow the Town Manager timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Faihire to pay fines;
Failure to pay sewer charges;
J. Faihn•e 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 preh•eatment standard or requirement, or any terms of the
wastewater discharge permit or these regulations.
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 these regulations, a minimum often (10) days prior to the expiration of the
user's existing wastewater discharge permit.
17
SEWER USE REGULATIONS
SECTION 6 -REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a
categorical pretreaGnent 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. Anew 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
(I) Identifying Information. The name and address of the facility, including
the name of the operator and owner.
(2) Environmental Permits. A list of any enviromnental conh•ol 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 measw•ed 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-
tern average concentrations, or mass, where required, shall be
reported. The sample shall be representative of daily operations
18
SEWER USC REGULAT[ONS
and shall be analyzed in accordance with procedures set out in
Section 6.10 ofthese regulations.
(c) Sampling must be performed in accordance with procedures set out
in Section 6.9 ofthese regulations.
(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 ofthese regulations.
(8) Signature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Section 4.6 ofthese regulations.
6.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section
6.1(B)(7) ofthese regulations:
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 minimwn, 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 rehu•n 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 REGULATIONS
6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable
categorical pretreaUnent 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 these regulations. 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 these regulations.
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
repo~•t 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 these regulations.
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 reporrting requirement in this section monitors any pollutant
more frequently than required by the Town Manager, using the procedures
prescribed in Section 6.9 of these regulations, 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 volwne 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 these regulations.
B. The Town Manager may issue a wastewater discharge permit under Section 4.7 of
these regulations or modify an existing wastewater discharge permit under
20
SEWER USE REGULATIONS
Section 5.4 of these regulations 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 hventy 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 nahn•e, 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
oeemrences. 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, natw•al 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 these regulations.
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 shalt 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/Repcat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Town
Manager within hventy-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 thii4y (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, m• if the Town Manager samples behveen the users initial sampling
and when the user receives the results of this sampling.
21
SEWER USE REGULATIONS
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. [n 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 these regulations shall retain, and make
available for inspection and copying, all records of information obtained pursuant to any
monitoring activities required by these regulations 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 such analyses. These records shall remain available for
a period of at least three (3) years. This period shall be automatically extended for the
duration of any litigation concerning the user or the Town of Leesburg, a• where the
Town Manager has specifically notified the user of a longer retention period.
22
SEWER USE REGULATIONS
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 these regulations and any
wastewater discharge permit or order issued hereunder. Users shall allow the Town
Manager ready access to all pants 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 prope~~ty, 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. Um•easonable delays in allowing the Town Manager access to the user's premises
shall be a violation of these regulations.
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 h•ade secrets under applicable State law. Any such request
23
SEWER USE REGULATIONS
must be asserted at the time of submission of the information or data. When requested and
demonstrated by the user fia•nishing 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 preG•eatment program, and in
enforcement proceedings involving the person furnishing the report. Wastewater constituents
and characteristics and other effluent data as defined by 40 CFR § 2302 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 asix-
(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 asix- (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 stai4ing 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
24
SEWER USE REGULATIONS
H. Any other violation(s), which the Town Manager determines, will adversely affect
the operation or implementation of the local pretreatment program.
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 these regulations, 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 these regulations 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 these regulations, a wastewater discharge permit or order issued hereunder,
or any other preVeatment 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 these regulations, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, Town Manager may issue an order to
25
SEWER USE REGULATIONS
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
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 these regulations, a Fastewater discharge permit or order issued hereunder,
or any other pretreahment 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 these regulations, 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 (I) calendar day, be assessed
an additional penalty of ten percent (10%) of the unpaid balance. Alien 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 (IS) 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 successfid, the payment, together with any interest accruing thereto,
26
SEWER USE REGULATIONS
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.
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
users 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. [n 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 these regulations 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 ~w•itten statement, describing the
causes of the harmful contribution and the measures taken to prevent any fiihu•e
occurrence, to the Town Manager prior to the date of any show cause or
termination hearing under Sections 10.3 or 10.8 of these regulations.
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 these regulations, 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;
27
SEWER USE REGULATIONS
D. Refi~sal of reasonable access to the user's premises for the purpose of inspection,
monitoring, or sampling; or
E. Violation of the pretreatment standards in Section 2 of these regulations.
Such user Will be notified of the proposed termination of its discharge and be offered an
opportunity to shoal cause under Section 10.3 of these regulations 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 these regulations, a wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, the To+vn Manager may petition the
Circuit Court through the To~mn 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
these regulations 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 these
regulations, a wastewater discharge permit, or order issued hereunder, or any
other pretreatnent 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, cow•t 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 REGULATIONS
113 Criminal Prosecution
Any Person who willfidly or negligently violates any provision of these regulations, any
order or permit issued hereunder, or any other pretreatment requirement, shall, upon
conviction, be guilty of a Class I misdemeanor and punishable by the maximum fine or
imprisonment, or both fine and imprisomnent, 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 these regulations are not exclusive. The Town Manager
may take any, all, or any combination of these actions against a noncompliant user.
Enforcement of preh•eahnent 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 these regulations, 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 Leesbw•g, 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 these regulations, 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 these regulations, 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 these regulations, a wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement is hereby declared a
29
SEWER USE REGULATIONS
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 IS-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. Cxisting 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 I3 -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 treadnent 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 demonsh•ate,
through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset ocem•red 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 riventy-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 USG REGULATIONS
(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 shalt 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.
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 treahnent facility until the facility is restored or an alternative
method of h•eatment 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 these regulations or the
specific prohibitions in Sections 2.1(B) of these regulations (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 nahu•e 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.
133 Bypass
A. For the purposes of this section,
(I) 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 resom•ces which
31
SEWER USE REGULATIONS
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 hventy-fom•
(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 hventy-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)(I) of this section.
32
SEWER USE REGULATIONS
SECTION I4 -WASTEWATER TREATMENT RATES
Hauler Source Annual Volume Charge
(Gallons)
Town of Leesbur Sealer Line Cleanin 50,000 N / A
Private Cam ers Holdin Tanks 600 N / A
Private Pumpers Septage from Within 20,000 $20 / 1,000 gallons
Town of Leesbur
Private Pumpers Septage from Outside N / A $50 / 1,000 gallons
the Town of Leesburg
(on emergency basis
onl
Private Pumpers Pump Station 10,000 N / A
Maintenance (from
within Town of
Leesbur•
Private Pumpers Private Pump & I-laul 5,000 $5 / 1,000 gallons
Facilities
LCSA Sewer Line Cleaning, 20,000 $120 /Load
Sludge form Small
W WTP's
Not Acce table Grease Tra Waste N / A N / A
Not Acce table Grit Tra Waste N / A N / A
Not Acce table Oil/Water Se arators 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 PretreaUnent Charges and Fees
The Town of Leesburg may adopt reasonable fees for reimbursement of costs of setting
up and operating the Town's PreU•eaUnent 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 REGULATIONS
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
these regulations and are separate from all other fees, fines, and penalties
chargeable by the Town of Leesburg.
15.2 Severability
[f any court of competent jurisdiction invalidates any provision of these regulations, 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 appuirtenances, 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 Flealth Association, and shall be determined at the conU•ol 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 REGULATIONS
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 beriveen 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
These regulations shall be in full force and effect immediately following its passage, approval,
and publication, as provided by law.
35
Attachment E
u~
~ i :..~ r
TOWN OF LEESBURG
DROUGHT ASSESSMENT AND WATER SUPPLY
RESPONSE PLAN
Adopted 4/8/08 by Ordinance # 2008-0-08
Table of Contents
L Purpose
lt. Introduction
III. Application
IV. Town of Leesburg Water System
V. Metropolitan Washington Water Supply and Drought
Awareness Response Plan: Potomac River System
VI. Authorization
VII. Public Education
VQI. Water Supply and Drought Stages
IX. Definitions
X. Enforcement
XL Variances
XII. Termination
XII[. Appendix
Town of Leesburg
Drought Assessment and Water Supply Response Plan
I. Purpose
The purpose of the Drought Assessment and Water Supply Response Plan (Plan) is to
conserve and protect the available water supply for domestic water use, .sanitation, and fire
protection, and to minimize the impact of a limited water supply during declared emergency
situations.
II. Introduction
It is important that the Town initiate this plan to address drought conditions as well as
manage available water resources and ensure sufficient water is available to maintain water
pressure, firefighting supply, drinking, and sanitation requirements. The Plan establishes water
use categories, voluntary and mandatory conservation standards, conditions that necessitate
restrictions and enforcement measures.
In order to conserve the available water supply and protect the integrity of our water
system, with particular regard for domestic water use, sanitation, and fire protection, and to
protect and preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the Town of Leesburg
(Town) hereby adopts the following plan and restrictions on the delivery and conswnption of
water.
III. Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing
4vater provided by the Town of Leesburg within the Town's service area.
IV. Town of Leesburg Water System
The Town owns and operates a water treatment, h•ansmission, storage and dish•ibution
system and is responsible for providing water service to residents of the Town and to customers
in other approved service areas within Loudoun County.
The Town of Leesbwg owns and operates the Kenneth B. Rollins Memorial Water
Filtration Plant (WFP). The WFP is a Class I facility that employs a conventional water
filtration treaUnent process and is rated at a capacity of IS million gallons a day. The source
water for the facility is the Potomac River.
Treated water is pwnped from the WFP suction well into a transmission main where it is
conveyed to Leesburg's storage tanks, pump stations and customers. The town maintains four
pressure zones, three storage tanks and hvo proposed tanks with a combined capacity of eight
million gallons.
[n addition to the water filtration plant, Leesburg operates one well with a capacity of 425
gpm that pumps into the Main Zone. The well is operated at times of low demand and
periodically as a supplement to water filtration plant production.
3
In 2003 the Town of Leesburg and Loudoun County Sanitation Authority (LCSA) jointly
constructed a waterline interconnection across Goose Creek. This interconnection was
incorporated into the Riverside Parkway bridge deck, spanning Goose G•eek. The purpose of the
Interconnection Facility is to provide an emergency water supply capability between the rivo
water systems. 'The following conditions have been defined as emergency: 1) Source Water
Contamination, 2) Major Transmission Failure, 3) Major Power Failure, 4) Major Pump Failure
and 5) Unexpected Service Interruption or scheduled maintenance.
V. Metropolitan Washingtmr Water Supply and Drought Awareness Response Plan:
Potomac River System
The Town has elected to follow the criteria as set forth in the Metropolitan Washington
Water Supply and Drought Awareness Response Plan. In June 2000, the Metropolitan
Washington Council of Government's (COG) Board approved their plan, which is comprised of
four distinct stages of water supply and drought awareness. The COG Drought Coordination
Committee developed the plan primarily for those utilities that use the Potomac River for their
water supply. The stages are from least severe to most severe and include: Normal, Watch,
Warning and Emergency. (See Appendix: Water Supply and Drought Awareness Response
Plan.) The stages are further explained in Section VIII. The Town of Leesburg is an affiliated
water utility with the COG Task Force on Water Supply Issues.
In 1982, the Water Supply Coordination Agreement was developed among the Fairfax
County Water Authority (FCWA), Washington Suburban Sanitary Commission (WSSC), and the
Washington Aqueduct Division (WAD) of the Corps of Engineers, and the Interstate
Commission on the Potomac River Basin (ICPRB). The ICPRB Section for Cooperative Water
Supply Operations on the Potomac (CO-OP) was designated by the Water Supply Coordination
Agreement to be responsible for coordination of water resources dw•ing times of low flow.
Both the ICPRB and COG publish monthly water supply outlook documents during peak
demand periods (typically April through October) for the Potomac River. The Director of
Utilities will stay informed with the status of the Potomac River by reviewing the monthly
reports. The Town's web page also has a link for citizens to obtain the information.
VL Authorization
The Town Manager upon consultation tivith the Director of Utilities and with the advice
and consent of Council is hereby authorized and directed to implement the applicable provisions
of the Plan upon his/her determination that such implementation is necessary to protect the
public health, safety, and welfare of the citizens. The decision of the Town Manager to
implement the applicable provisions of the Plan shall be ratified by the Town Council within
three (days) of that action.
The Director of Utilities, or designated representative, shall keep the Town Manager
informed of the conditions of water supply and system usage. When the Metropolitan
Washington Council of Govermnents initiate a change in the drought stage, the Town of
Leesburg may implement the appropriate "actions" as described in Section VIII of the Plan.
VII. Public Education
The Town will provide the public with information about the Plan, including information
about the conditions under which each stage of the Plan is initiated, the measures to be
implemented, and the conditions necessary for termination. The information will be provided
through press release, Town's cable television channel, signs posted in public places and/or the
Town's website.
VIII. Water Supply and Drought Stages
Table 1 below explains the conditions or triggers that would require the Town to
implement a particular stage.
Table 1
Sta a Conditions for Im Iementatimr
1. Normal . Not Applicable -water supply adequate to meet all demands.
Wise Water Use • NOAA drought index neutral to D0, abnormally diy -see year round
water conservation ro ram.
2. Watch . Current demand at or above 90% of system safe yield.
Voluntary Water • NOAA drought index Dl, moderate drought.
Conservation
3. Warning . Tank out of service for maintenance.
Voluntary Water . Current demand at or near 100% of system safe yield.
Restrictions . NOAA drou ht index D2, severe drou ht.
4. Emergency . Loss of water storage.
Mandatory . Major waterline break.
Water . Loss oftreatment in Town's system.
Restrictions . Contamination of a portion of the supply requiring shut down.
• Current demand at or above 100% of system safe yield for 5 or more
consecutive days.
• NOAA drou ht index D3, extreme drou ht, or neater.
It is important that Leesburg customers understand that most of their water is supplied by
the Potomac River, therefore, the Town generally adheres to the recommendations from the
Meb•opolitan Washington Water Supply and Drought Awareness Response Plan for the Potomac
River System. If the Town finds that the Potomac River level is becoming dangerously low or a
water system emergency exists, the Town may move into a more severe stage sooner than
neighboringjurisdietions or utilities.
Table 2 below explains the Town and customer actions required for a particular stage.
Table 2
Cate o Customer and Town Actions and/or Restrictions
1. Normal • Customers (Residents and businesses) asked to use water wisely.
Wise Water Use Town's webpage includes water consewation information.
• Town to continue year round efforts to inform the public on water
conservation strategies.
• Town reminds customers to focus on insides uses: water use habits,
and repairing plumbing problems/leaks.
• Waterin of lawns on rain da s is diseoura ed.
2, Watch Stage Two (Watch) may be declared when a surface water shortage is
Voluntary Water predicted. At this stage, the Town is capable of meeting demand but
Conservation voluntary water conservation is requested. The following measures may be
implemented in response to a stage two event.
• Customers asked to review their water usage, be aware of, and limit
high water use practices that needlessly waste water. (i.e.: over
watering lawns, washing sidewalks, and driveways.)
• Town announces voluntary water conservation and signs are placed at
enh•y points to Town and at the entrances of major subdivisions
informing the public of the drought stage.
• Town continues to emphasize water conservation inside and outside
the home and office.
• Town's webpage includes water conservation information and
distribution of water conservation information as broad) as ossible.
3. Warning Stage Three (Warning) may implement voluntary water restrictions to reduce
Voluntary Water the impact on the available water supply. In addition to the measures
Restrictions implemented during stage one and hvo events, one or more of the following
measures may be requested of all water customers:
• Customers asked to take specific measures to conserve water on a
voluntary basis. There are no penalties or sanctions for failure to
follow such measures, however, the customers will be informed that
should conditions worsen, one or more of these measures could
become mandatory and enforceable.
• Town announces voluntary water restrictions and post signs with
notification of appropriate restrictions.
• Town publishes a detailed list of voluntary water restrictions issued to
include:
1. Developers and/or residents are encouraged to not install sod
during the "Warning" level as it is possible that "Emergency" level
could be implemented. As an alternative, developers and/or
residents can provide a drought bond in an amount designated by
the Town Zoning Administrator. If an "Emergency" level is
implemented, lawn watering will not be permitted and the
person(s) who chose to install sod or seed will be solely
responsible for repair or replacement of the sod or seed once the
level has returned to "Normal".
2. Ban use of fire hydrants except for health and public safety use.
3. Residents are encouraged to not water lawns or wash cars during
Voluntary Water Restrictions.
4. High water users, those customers that consistently use more than
2,000 gal/day, shall prepare curtailment plans demonstrating how
they shall respond to emergency sanctions by reducing their
consumption. Curtailment plans must address the means by which
they will meet reductions as determined by Town. Curtailment
plans shall be submitted and approved by the Director of Utilities.
5. Restaurants/cafeterias/other food establishments are requested to
provide water only by the pah•on's request.
6. Town to suspend the use of potable water for Town operations
including: vehicle washing, street cleaning, and park irrigation.
7. Commercial users with irrigation systems are requested to curtail
use.
8. Filling of swimming and/or wading pools, from an empty or less
than three-quarters full condition is discouraged.
4. Emergency Mandatory customer water use restrictions are implemented in Stage Four
Mandatory (Emergency) to ensure that basic water needs for Town of Leesburg residents
Water and businesses will be met. In addition to the measures implemented during
Restrictions watch and warning, one or more of the following water restrictions may be
instituted for all water customers:
• Customers will be required to implement water restrictions and
specific measures to conserve and maintain water supplies. Penalties
and fees are identified for these measures and are enforceable pursuant
to Town Ordinance. (See Section X. Enforcement).
• Town announces mandatory water restrictions and post signs in public
locations with notification of "Mandatory Water Restrictions in
Effect".
• Town publishes a detailed list of mandatory water restrictions which
may include:
1. Establishment of a new lawn by using sod shall be prohibited until
Town Manager has returned the Town to "Normal" level. For new
developments in which new lawnslstabilization is required prior to
occupancy, the Town may require a cash bond or other form of
security subject to the approval of the Town fi•om the developer in
an amount specified by Town Zoning Administrator and in
accordance with "Zoning Ordinance" and the "Subdivision and
Land Development Regulations". The bond will be placed in a
special account.
2. High water users, those customers that consistently use more than
2,000 gal/day, shall implement their curtailment plan, previously
submitted and approved by the Director of Utilities during the
"Warning" stage.
3. Washing automobiles, trucks, trailers or other mobile equipment is
prohibited unless using a container of three gallons or less.
Commercial carwashes wilt be required to operate under their
curtaihnent plan, previously submitted and approved by the
Director of Utilities during the "Warning" stage.
4. Washing streets, driveways, parking lots, service station aprons, the
exterior of commercial or residential building or any other outdoor
surfaces is prohibited unless using a container of three gallons or
less. Such washing is permitted if it is required to eliminate a
hazard.
5. Prohibit use of irrigation systems and lawn watering.
6. Limit watering to vegetable gardens and plant washing by way of a
container of three gallons or less. (No garden hose watering).
7. Filling of swimming and/or wading pools, from an empty or less
than three-quarters full condition, except for home wading pools
requiring not more than five gallons of water.
8. Prohibit use of all outside fountains, or decorative water sh•uctures.
9. Prohibit serving drinking water in restaurants, cafeterias and other
4. Emergency food establishments unless requested by the patron.
Mandatory 10. Prohibit use of fire hydrants except for health and public safety
Water uses. Fire department U•aining and flushing of utility lines for
ResU•ictions development purposes are prohibited.
(Continued) 1 I.Other mandatory, non-essential, water use restrictions as outlined in
the Virginia. Drought Assessment and Response Plan.
IX. Definitions
Conservation -those practices and techniques that reduce the conswnption of water through
increased efficiency, reduced losses, or reuse which results in conservation of the water supply
for future use.
Customer -any person, company, organization or entity that uses water supplied by the Town
within the Town's service area.
CO-OP -special section of the Interstate Commission on the Potomac River Basin that provides
joint management of available water resources during low flow conditions and long-range
demand-supply analysis and overall water supply coordination among the major Metropolitan
Washington water supply utilities.
Drought - "Drought is a condition of moisture deficit sufficient to have an adverse effect on
vegetation, wildlife, and people over a sizeable area." (Adapted from the U.S. Geological
Survey)
NOAA -National Oceanographic and Atmospheric Administration
NOAA Dl First Stage Drought - the second of 5 stages of a mathematical index reflecting long-
term (Palmer Drought Severity [ndex) and short-term (Crop Moisture Index) soil moisture.
Water Supply Coordination Agreement -agreement signed by the major utilities and Co-op that
requires major suppliers to coordinate operations. Specifically, it brought the Occoquan
(FCWA) and the Pahixent (WSSC) supplies into a coordinated system. The agreement also
provides fora 20 year projected supply-demand analysis every five years and specifies a cost
share formula.
X. Enforcement
1. No person shall knowingly or intentionally allow the use of water from the Town for
residential, commercial, industrial, agricultural, govermnental, or any other purpose in a
manner contrary to any provision of this Plan.
2. Any person who uses water, or allows or causes the use of water, in violation of Stage
Four (Emergency) of this Plan shall be subject to the following penalties:
a. For the first offense, violators shall receive a written warning delivered in person
or posted on the premises by a representative of the To~im of Leesburg
Department of Utilities.
b. For the second offense, violators shal I be assessed a fee not to exceed $100.00,
consistent with the severity of the infraction. The fee shall be imposed on the
violator's quarterly water bill.
a For the third and each subsequent offense, violators shall be assessed a fee not to
exceed $250.00 for each offense, imposed on the violator's quarterly water bill.
d. Each violation by a person shall be counted as a separate violation by that person,
irrespective of the location at which the violation occurs.
e. High water users, as previously defined, who fail to comply with their approved
curtaihnent plan shall be assessed a fee not to exceed $500 per violation. Each
day of noncompliance will constitute a separate violation. The fee shall be
imposed on the violator's quarterly water bill.
3, Any Town Police Officer, or other To~jm of Leesburg employee designated by the
Town Manager, may enforce this section of the Plan by issuance of notice of written
violation to any person reasonably believed to be in violation of this Plan.
4. Persons who have been assessed a penalty shall have the right to challenge the
assessment by providing a written complaint to the Director of Utilities within 10
days of the notice of penalty assessment. The Director shall determine whether the
penalq~ was properly assessed and notify the complainant, in writing, of the
determination. Should the Director determine that the penalty was properly assessed,
the complainant may appeal that determination by providing written notice to the
Town Manager within 10 days of receiving the notice of determination. The Town
Manager or a designee shall determine whether the penalty was properly assessed
and notify the complainant, in writing, of the determination.
5. The Director of Utilities may waive the penalty if it is determined that the violation
occurred due to no fault of the complainant.
10
XI. Variances
A customer may file a request for variance from this Plan to the Department of Utilities
for the property receiving water service. A request form and instruction are included in
the Appendix of the Plan.
The Director of Utilities may grant a variance from the Plan upon the determination that
special circumstances exist that upon strict enforcement of the Plan may adversely affect
the health, sanitation, or safety for the public or the applicant.
Variances granted under this section may expire upon escalation of the Plan to the next
higher phase ortennination of the Plan.
XII. Termination
The Town Manager, upon consultation with the Director of Utilities and with the advice and
consent of Town Council, is hereby authorized and directed to terminate the applicable
provisions of the Plan upon his/her determination that the applicable provisions are no longer
necessary to protect the public health, safety, and welfare of the Town's citizens.
XIII. Appendix
1. Notice ofViolation -Warning Letter
2. Notice of Penalty Assessment Letter
3. Request for Variance
4. Metropolitan Washington Water Supply and Drought Awareness Response Plan:
Potomac River System.
5. Sample Interstate Commission on the Potomac River Basin (ICPRB) Water Supply
Outlook, June 2007.
6. Sample Washington Metropolitan Council of Government (COG) Potomac River System
Drought and Water Supply Outlook, June 2007.
7. Virginia Drought Assessment and Response Plan.