§ 25-79. Accidental, batch or slug discharges.

(a)

Accidental discharge plan. Each user shall provide protection from accidental discharge, including slug and nonroutine batch discharges, of prohibited materials or other substances regulated by this division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the POTW for review, and shall be approved by the POTW before construction of the facility. All existing users shall also complete such a plan.

No user who commences contribution to the POTW after the effective date of the ordinance from which this division is derived shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the POTW. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this division. In the case of an accidental discharge, slug discharge or non-routine batch discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of the discharge, the type of waste, concentration and volume, and corrective actions.

(1)

Notification to superintendent of accidental discharge. Within five (5) days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this division or other applicable law.

(2)

Posting of notice to employees. 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 dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(3)

Changes affecting potential for slug discharges. Significant industrial users are required to notify the superintendent immediately of any changes at its facility affecting the potential for a slug discharge. The significant industrial user shall revise the slug discharge control plan to reflect such changes.

(b)

Report of changed conditions. Each industrial user is required to notify the superintendent of any planned significant changes to the industrial user's operations or pretreatment systems which might alter the nature, quality or volume of its wastewater.

(1)

The superintendent may require the industrial user to submit information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater permit application pursuant to section 25-87, if necessary.

(2)

No industrial user shall implement the planned changed conditions until and unless the superintendent has responded to the industrial users notice.

(3)

For purposes of this requirement, flow increases of ten (10) percent or greater and the discharge of any previously unreported pollutants shall be deemed significant.

(c)

Notice of hazardous discharge. Industrial users shall notify the superintendent, the EPA regional waste management division director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kg of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:

(1)

An identification of the hazardous constituents contained in the wastes;

(2)

An estimation of the mass and concentration of such constituents in the waste stream discharged during the calendar month; and

(3)

An estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months.

(Ord. No. 12-1700-936, § 1, 10-2-12)

State Law reference— Hazardous waste management, Code of Virginia, § 10.1-1426 et seq.

(Ord. No. 12-1700-936, § 1, 10-2-12)

State law reference

Hazardous waste management, Code of Virginia, § 10.1-1426 et seq.