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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% -2- 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.