HomeMy Public PortalAbout1989_04_11_R066LeesBurg in aVirginia
RESOLUTION:
A RESOLUTION:
PRESENTED April 11, 1989
89-66 ADOPTED April 11, 1989
ACCEPTING AND AUTHORIZING ENDORSEMENT OF A SPECIAL
CONSENT ORDER ISSUED BY THE STATE WATER CONTROL BOARD
FOR EXPANSION OF THE LEESBURG WATER POLLUTION CONTROL
FAC~7,VI'Y AND WITHDRAWAL OF THE REQUEST FOR A PUBLIC
HEARING ON THE PROPOSED VPDES PERMIT AND CANCEIJ,~NG A
PUBLIC HEARING ON REVISED AVAHABU,ITY FEES
WHEREAS, the State Water Control Board (SWCB) has issued a draft VPDES permit for the
operation of Leesburg's current water pollution control facility under existing Dulles Area Watershed
Policies limits; and
WHEREAS, these limits would require that the town's planned expansion to 5.0 MGD be built
under advanced wastewater treatment (AWT) standards, which would add approximately $40 million
to the cost of the facility and would increase operations and maintenance expenses sevenfold; and
WHEREAS, the VWCB in June 1983, commissioned the NVPDC to conduct a technical analysis
of Tuscarora Creek to determine if Leesburg's wastewater discharge should be required to meet AWT
standards; and
WHEREAS, the NVPDC study completed in June 1985, recommended a less stringent standard,
based on scientific data and new planning tools avsilable to assess receiving water q, mlity benefits
resulting from alternate levels of treatment; and
WHEREAS, Mayor Robert E. Sevila presented testimony to the SWCB at their March, 1989,
meeting which established a compelling economic and environmental case for modification of DWAP
standards to incorporate NVPDC recommended limits; and
WHEREAS, as a result of this meeting and negotiations with the State Water Control Board, a
proposed consent order recommended by the executive director of the SWCB has been received which
will allow the Town of Leesburg to construct its next plant expansion under NVPDC limits and 20%
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RESOLUTION - ACCEPTING AND AUTHORIZING ENDORSEMENT OF A SPECIAL CONSENT
ORDER AND CANCELLING A PUBLIC HEARING ON AVAILABILITY FEES
redundancy which will be converted to plant capacity within one year of continuous satisfactory
operations; and
WHEREAS, this consent order will result in an approwlmate $35 million capital cost reduction
and eq, mlly significant operations and maintenance savings associated with Leesburg's planned plant
expansion; and
WHEREAS, the special consent order is being issued in compliance with the provisions of the
Federal Water Pollution Control Act and pursuant to the state water control law and regulations
adopted purs, mnt thereto:
TI-~REFOB~, RESOLVED by the Council of the Town of Leesburg in V'mginia as follows:
SECTION L The town manager is hereby authorized to endorse the specJ'~ order attached
hereto, on behalf of the Town of Leesburg.
SECTION II. The town manager is hereby directed to withdraw the town's written request to
the VWCB for a public hearing on the proposed VPDES permit for Leesburg's current wastewater
treatment facility.
SECTION III. The public hearing on the revised sewer availability fees scheduled for April 25
is cancelled and the manager is requested to prepare a new revision to the av~il,bility fee rate study
to incorporate the requirements of the latest consent order.
PASSED this llth day of April
ATTEST:
Clerk of CoCci1
.;t989.
~obert E. Sevila, Mayor
Town of Leesburg
Richard N. 8urfon
Execu~l~
Post Ofhce Box 11143
Richmond Virginia2:3?30 ~ 143
COMMONWEAEIT-I of V]RQJNIA
ST',4TE V~'x~7'I:,R CON 1 ROL BO,4 RD
2I 1 l ttamihon Street
Mr. ~andolph W. Shoemaker
Director of Utilities
Dep~rtment of Utilities
Town of I.eesburg
15 West Market Street
Leesburg, VA 22075
aOARD MP. MEIER8
Wdham T. C!ement$
I {aery C~ Hollimon. Jr~
Ronaid M. Plotkin
Vt~h~a M Smith
Pat. Ck L f;tanding
W E~dg¢)~d Wall. Jr,
(~c)~e~ C Wir~inger
Re: VPDES Permit No. VA0021377, Proposed Consent Order
Enclosed herewith please find duplicate originals of the above
referenced consent order (hereinafter the "Order") for signature
by Mr. Minor. Please note that the documents should be signed in
the presence of a Notary P~blic. Once the documents have been
signed and notarized, .please return them to me so that I may
public notice the Order in advance of the State Water Control's
Board June, 1989 meeting. Mr. Burton has ~ndicated that, based
on s~ff recommendations, he is prepared to recommend the Order
I,'~ thn Board.
Enclosures
cc: Joan Candage, SWCB, NRO, w/enc.
Rich~zd N. Bu~ton
Executlv~ D;reClOr
Post Office Box ! 1143
Richmond. Virgin;~ 23~30-1143
(804) 3670356
COMMONWEALTt t of VIRGINIA
S'I'ATI~. WA7'ER CONTROL BOARD
21 II Hamilton Street
STATE W_____~.ER~q__NT,~OL BQARD ~ORCE~ENT AT~
a SVECIAL ORDER
ISSUED TO
The Town of Leesburg
BOARD MEMBER~
William 1' Clements
Henry O Hollimon, Jr.
Ronalcl M Plotkln
%'elma M Smith
Pat~i(:~. L Standing
W. BidgoOd Wall,
r~¢:hert C. Wininger
This S~ecial Order (hereinafter referred to as the "Order")
hereby issued by the State Water Control Board (hereinafter
referred to as the "Board"), under the authority of Section
62.1-44.15(8a) of the Code of Virginia (hereinafter referred to
as the "Code"), to the Town of Leesburg (hereinafter referred to
as "Leesburg") .
Leesburg owns and operates a wastewater treatment facility (the
"Facility"), which serves the Leesburg area and which is located
in Leesburg, Virginia. The Facility discharges wastewater to
State waters at Tuscarora Creek, which is located in the Potomac
River Basin. Discharge of wastewater from the Facility is the
subject of VPDES permit No. VA0066753 (hereinafter referred to as
the "Permit"), which became effective ~, and which
will expire Discharge of wastewater from the
Facility ~s governed by 'l~-i'~' Dulles Watershed Policy.
The Board is in the process of reviewing the Dulles Area
Watershed Policy. Leesburg is faced with the need to expand ~he
Facility, prior to completion of the above referenced review
process. Leesburg proposes to design the expanded Facility to
meet interim effluent limits recommended by the Northern Virginia
Planning District Commission. The Board agrees to allow Leesburg
to construct and operate the expanded Facility, at the above
referenced interim limits, for the purpose of gathering data on
the water quality effects of the expanded Facility operation.
Accordingly, the Board orders Leesburg and Leesburg agrees to
An~it is SO ORDERED this
day of , 1989.
State Water Control Board
Executive Director
The -terms and conditions of this Order are hereby voluntarily agreed
to by the Town of Leesburg:
Town of Leesburg
By:
Jeffrey H. Minor, Town Manager
Date:
State of Virginia
City/County of
The foregoing Order was executed before me this day of
................ ~;~--by Jeffrey H. Minor, Town Manager of the Town of-~eesburg,
on behalf of said Town,
My Commission Expires:
Notary PublI~
comply with Appendix A of this Order, upon construction of the
expande~ (6.0 MGD) STP, and issuance of a Certificate to Operate
(CTO). The Board and Leesburg recognize that the effluent limits
contained in Appendix A are interim limits which can and will be
achieved through reasonable and prudent operation of the expanded
Facility. The Board and Leesburg also recognize that although
the Facillt~ pill be designed and constructed for a flow of
6.0MGD, it sh~ll be permitted for a 'flow of 5.0MG/), thereby
providing an initial back-u~'capa~ity, for a 5.0MGD facility, of
20%. The Board and Leesbur~ also recognize that, at the t~me
that expansion of the Facility is complete, projected flows to
the facility will be less than 3.0MGD, thereby effectively giving
the Facility a 100% back-up capacity for some period of time.
The Board agrees that, if, after an initial one year period of
continuous satisfactory operation of the expanded Facility, the
Facility's reliability has been satisfactorily demonstrated,
additional treatment trains can be added for treatment (vs.
back-up) use, upon completion of any app]icable permit
modifications to address the addition of such treatment trains
and an anticipated increase in permitted flow.
Notwithstanding the imposition of this Order, nothing herein
shall be construed as altering, modifying, or amending any term
or condition contained in the Permit.
Once the Board formally amends and adopts the Dulles Area
Watershed Poli. cy, it may amend the Permit to include revised
final effluent ].imitations. The Board orders Leesburg and
Leesburg agrees to submit, within thirty days after permit
amendment, an approvable conceptual plan with an expeditious
schedule for meeting these new final effluent limitations, if the
Facility is incapable of meeting the new final effluent
limitations. The plan and schedule are subject to approval by
the Executive Director. If the plan is rejected by the Board,
Leesburg shall resubmit a plan within thirty days of notice of
such rejection which corrects the objections to the plan. Upon
approval by the Executive Director, this Order will be amended to
include the plan schedule.
Leesburg waives its rights to service of, a hearing on, written
findings of fact and conclusions of law in support of, and
judicial review of this Order. Leesburg agrees that the Board
may cancel this Order, in its sole discretion, upon thirty days
written notice, and that otherwise, the Order may be modified
only with the Owner's consent or after due notice and opportunity
for hearing.
This Order shall become effective upon the date of its execution
by the Board's Executive Director or his designee.
PERMIT NO. VA0021377
Upc~ ~o~ of the 6.(l"llD Facility, and i~_~uanoe of a Certificate to Opel-ate ~ facility at 5.~1), Leesburg
sba_ ~1 monitor and limit the ~ fro~ o~:fa]! serial no. 001 in acco~ ~ir:~ ~ Permit, ex~ as specified
below. These requ/_~ts shall be ~ in light of the Board's 9ermit R~'la~.
Limitation
nov n/a n/a
CB0O 7.5 mq/i 141.9 k~/d 11.3 nxt/l 21'3.
7D/W 24 HC
n/a n/a
7.5 lng/1 141.9 knl/d. 11.3 m~/! 213.9 kq/d
7D/W 24 HC
Total Nitrogen r~/a r%/a 7D/W 24 HC
~ (4/1 - lO/31)
TKN (I1/1 - 3/31)
(4/1 - 10/3~)
(~/1 - 3/3~)
6.0 rog/1 113.6 k~/d 9.0
1~.0 m~/1 340.7 kg/d 27.0
m~/1 170.3 k~/'d
~/~ 5~1.0 kt/d
7D/W 24 HC
7D/W 24 HC
3.0 mq/1 56.8 ~/d 4.5 m~/1 85.2 k~/d 7D/W 24 HC
15.0 mq/1 283.9 k~/d 22.5 m~/1 425.8 knj/d 7D/W 24 HC
Total Phosphorus 1.2 m~/1 22.7 kq/d 1.8 mq/1 34.0 k~/d
MBAS n/a n/a
7D/W 24 HC
Fecal Coliform 200 400 7D/W Grab
Turbidity
Dis~olv~ ~en
7.4 1/D Grab
See Part I.B. folk¢~.nc~ for final ~ limitaticrs.
Technical Requ~t D(12) of Part I of t,~a :.~[':.%it is h~r=3.':~, ~,}:~A3~t to read "!2. A one-day emer~ off-line
pond must be available for the Facili~f."
There shall be no discharge of floating solids cr visible foam in other r/gan trace amounts.
~ design flow of this trea~t facility k~ 6.(I~;E,, ~::~.:, '.-:~
effluent limits and the Permit re~~ are ha, .
l be operated, and the above referenced
flow of 5.0F~D.