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Regular Meeting
Tuesday, March 23, 1999 - - 7:30 p.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Collier, Deputy Director of Management and Budget; Ms. Steele, Deputy City Manager; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Mr. Neckel, Director of Finance; Ms. Boyd, Director of Citizen Assistance; Legislative Director Caton; Mr. Sudduth, Director of Personnel Services; Ms. Gattsek, Director of the Office on Women; Ms. Plemmer, Assistant City Manager; Ms. Davis, Director of Housing; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; Police Chief Samarra; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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There was a City Council Work Session with the Planning Commission at 6:00 p.m. in the Council Workroom. The agenda was followed. The Members of City Council and the Planning Commission participated in the discussion. It was determined that the Planning Commission will create a subcommittee to look at the development around the Alexandria Metro stations; a report will be prepared by the Planning staff to present to the Planning Commission with respect to possible changes to the CRMU zone; there will be a joint Planning Commission and City Council meeting in the fall; and the City Attorney was requested to prepare a memorandum addressing issues related to collaborative discussions between the Planning Commission and the City Council when the discussion is about what is wanted in an area or location as opposed to a specific project.

The work session was concluded at approximately 7:30 p.m.

(Material pertaining to the above work session is on file in the office of the City Clerk and Clerk of Council, and is incorporated as part of the record.)
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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

The Invocation was pronounced by Rabbi Arnold G. Fink, Senior Rabbi of Beth El Hebrew Congregation.

3. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Minutes of (a) the Special Meeting of March 12, 1999 (held in lieu of the Regular Meeting of March 9, 1999); and (b) the Public Hearing Meeting of March 13, 1999, as submitted. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council received the Report of the City Clerk dated March 16, 1999, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/23/99, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

5. Presentation of Proclamation Honoring George Caddy for His Service to the City of Alexandria. (Mayor Donley)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

6. Presentation of Proclamation Proclaiming Saturday, April 3, 1999, as National Tartan Day in the City of Alexandria. (Councilwoman Pepper)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/23/99, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper presented the proclamation.




WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

At this point, City Council considered Docket Item No. 31.

31. Presentation of Proclamation Recognizing the T.C. Williams High School Track Relay Team. (Mayor Donley)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 3/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Walker "aye" Euille "aye"
Speck "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Rich "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (7-15) (23-26)

WITHOUT OBJECTION, City Council removed docket item nos. 10, 25, and 26 from the consent calendar and considered them under separate motions.

7. Receipt of the Following Resignations from Boards, Commissions and Committees:

(a) Ad Hoc City of Alexandria 250th Anniversary Commission
Anna Leider

(b) Alexandria Affordable Housing Advisory Committee
Diane Crawford-Batt

(c) Alexandria Community Policy and Management Team
Katherine L. Morrison

(d) Alexandria Public Records Advisory Commission
Larry A. Hesterberg

(e) Alexandria Task Force on AIDS
Gregory Reid

(A copy of each of the above resignations is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 7 (a-e); 3/23/99, and is incorporated herewith as part of this record by reference.)

8. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Affordable Housing Advisory Committee
1 Builder

(b) Alexandria Archaeological Commission
1 Member From the Friends of Alexandria Archaeology


(c) Alexandria Budget and Fiscal Affairs Advisory Committee
1 Member Designated by Councilwoman Redella S. Pepper

(d) Alexandria Commission on Employment
2 Citizen Members

(e) Alexandria Social Services Advisory Board
1 Citizen Member

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item Nos. 8 (a-e); 3/23/99, and is incorporated herewith as part of this record by reference.)

9. Receipt of the 1997-1998 Annual Report from the Alexandria Waterfront Committee.

(A copy of the City Manager's memorandum dated March 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 9; 3/23/99, and is incorporated herewith as part of this record by reference.)

11. Consideration of Renewal of the Contract Between the Office of Human Rights and the U.S. Equal Employment Opportunity Commission (EEOC).

(A copy of the City Manager's memorandum dated March 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/23/99, and is incorporated herewith as part of this record by reference.)

12. Consideration of a Grant Application to the Virginia Department of Historic Resources for Funding for Archival Research for Historic Structures.

(A copy of the City Manager's memorandum dated March 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/23/99, and is incorporated herewith as part of this record by reference.)

13. Consideration of a Grant Application to the Department of Conservation and Recreation of the Commonwealth of Virginia for Funding a Trail Enhancement Project for Chinquapin Park Through the Virginia Recreation Trails Fund Program.



(A copy of the City Manager's memorandum dated March 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/23/99, and is incorporated herewith as part of this record by reference.)

14. Consideration of a Grant Application to the Department of Health and Human Services' Head Start Bureau for FY 2000 Program Improvement Funds for Two New Head Start Classrooms in the Cameron Station Elementary School.

(A copy of the City Manager's memorandum dated March 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/23/99, and is incorporated herewith as part of this record by reference.)

15. Receipt of the Monthly Financial Report for the Period Ending February 28, 1999.

(A copy of the City Manager's memorandum dated March 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/23/99, and is incorporated herewith as part of this record by reference.)

23. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to establish the real estate and personal property tax rates for calendar year 1999.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/23/99, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 3/23/99, and is incorporated herewith as part of this record by reference.)

24. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to reduce the transient lodging tax rate from 5.65%, to 5.50%, of the total amount paid for transient lodging, and to levy an additional transient lodging tax of $1.00 for each day of such lodging.

(A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 3/23/99, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 3/23/99, and is incorporated herewith as part of this record by reference.)

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar with the exception of docket item nos. 10, 25, and 26, which were considered under separate motions. The City Manager's recommendations are as follows:

7. City Council received the following resignations with regret: (a) Anna Leider from the Ad Hoc City of Alexandria 250th Anniversary Commission; (b) Diane Crawford-Batt from the Alexandria Affordable Housing Advisory Committee; (c) Katherine L. Morrison from the Alexandria Community Policy and Management Team; (d) Larry A. Hesterberg from the Alexandria Public Records Advisory Commission; and (e) Gregory Reid from the Alexandria Task Force on AIDS; and requested the Executive Secretary to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

8. City Council (a) reappointed Daniel Abramson as a Builder to the Alexandria Affordable Housing Advisory Committee; (b) appointed Esther White as a Member From the Friends of Alexandria Archaeology to the Alexandria Archaeological Commission; (c) appointed Anna Leider as a Member Designated by Councilwoman Redella S. Pepper to the Alexandria Budget and Fiscal Affairs Advisory Committee; (d) appointed Kaprice Gettemy-Chambers and Roselyn Rosenfeld as Citizen Members to the Alexandria Commission on Employment; and (e) appointed Lori Cole as a Citizen Member to the Alexandria Social Services Advisory Board.

9. City Council received the Annual Report from the Alexandria Waterfront Committee and thanked the Committee members for their efforts on behalf of the City.

11. City Council authorized the City Manager to extend the term of the contract with the EEOC for funding in the amount of $44,700 for the Alexandria Office of Human Rights to continue as a Fair Employment Practice Agency (FEPA).

12. City Council authorized the City Manager to submit the grant application to the Virginia Department of Historic Resources; and submit all necessary documents that may be required.

13. City Council authorized the City Manager to (1) submit a grant application to the Department of Conservation & Recreation of the Commonwealth of Virginia for $60,000 to cover 80% of the costs for a Trail Enhancement Project for Chinquapin Park, through the Virginia Recreational Trail Fund Program; and (2) execute all necessary documents that may be required.

14. City Council authorized the City Manager to (1) submit the grant application to the DHHS Head Start Bureau requesting $114,921 for construction of two new Head Start classrooms in the Cameron Station Elementary School; and (2) execute all documents that may be required.

15. City Council received the Monthly Financial Report for the period ending February 28, 1999.

23. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing on April 20, 1999, and Second Reading and Final Passage on May 5, 1999.

24. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing on April 20, 1999, and Second Reading and Final Passage on May 5, 1999.

END OF CONSENT CALENDAR

The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"

10. Receipt of the Fiscal Year 1998 Annual Report of the Affordable Housing Committee.

(A copy of the City Manager's memorandum dated March 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/23/99, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille questioned why no loans have been made with respect to the Homeownership Assistance Program for Alexandria Law Enforcement Personnel.

Director of Housing Davis responded that they have received inquiries about this program, but no applications were filed.

Vice Mayor Euille wanted a budget memo on this subject so that it can be discussed during the budget process.

Vice Mayor Euille announced that the City's Annual Homeownership Fair will be held on Saturday, April 10, at T.C. Williams High School starting at 9:30 a.m.

Councilwoman Pepper asked the status of the homes on Stevenson Avenue, the Robert Pierre Johnson development.

Director of Housing Davis responded that twelve of those units have gone to settlement and three more should be going to settlement in the near future.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council received the report. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

25. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to levy an admission tax of 5% on the gross admission fee paid to gain entry to events held within the city, with an effective date of September 1, 1999.

(A copy of the City Manager's memorandum dated March 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 3/23/99, and is incorporated herewith as part of this record by reference.



A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 3/23/99, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 3/23/99, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland directed questions to City Manager Lawson regarding the purpose of this ordinance. He indicated that BFAAC is doing a report that will be coming to Council about diversifying our funds that are out there so that we won't have so much of a levy in one way, and suggested that this ordinance should be delayed until Council gets the report from BFAAC.

City Manager Lawson responded to Councilman Cleveland's concerns.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 5-to-1, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing on April 20, 1999, and Second Reading and Final Passage on May 5, 1999. The voting was as follows:

Pepper "aye" Euille out of room
Walker "aye" Cleveland "no"
Donley "aye" Rich "aye"
Speck "aye"

26. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the city code to increase the ambulance transport fee to $200 for city residents and $250 for non-residents.

(A copy of the City Manager's memorandum dated March 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 3/23/99, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 3/23/99, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 26; 3/23/99, and is incorporated herewith as part of this record by reference.)

Councilman Cleveland expressed concern about this ordinance with respect to the significant increase and its effect on the elderly and those who can't afford to pay.

City Manager Lawson and Fire Chief Hawkins spoke to his concern.


Council Member Rich questioned why we were not increasing it to cover the full cost since we were basically relying on insurance to cover the costs.

Fire Chief Hawkins stated that it is preferable to do it incrementally over a few years.

City Manager Lawson responded that staff certainly plans on bringing the fees back in the context of the budget every year. She stated she will have OMB check to see that it may be that the real cost is above what the insurance carriers will pay. She suggested to do it incrementally.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing on April 20, 1999, and Second Reading and Final Passage on May 5, 1999. The voting was as follows:

Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

16. Consideration of the Recommendation of the City Facilities Naming Committee. (Councilwoman Pepper, Councilman Speck and City Manager Lawson)
(A copy of the City Manager's memorandum dated March 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/23/99, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to this item.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the following recommendations of the City Facilities Naming Committee: (1) the Consolidated Park Area, which includes the parcels known as Pommander Park, Potomac View Park, the Gibbon and Wilkes Street Ends, and the Old Town Yacht Basin site, be named Windmill Hill Park; (2) the area in front of the Rivergate townhomes be named the Rivergate City Park; and (3) the installation of appropriate signage at the two sites, in accordance with City Council's adopted Policy on Naming of City Facilities. The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"

Councilman Speck indicated that the naming committee has another recommendation. It would like to recognize someone who has been very important to this City, and to this Council for many, many years. In recognition of the significant contributions that have been made to this community, to this Council and to this City, and also in recognition of Council's appreciation for all of the efforts that have occurred on its behalf and on behalf of this community, we recommend that the lobby of the Cameron Street side of City Hall, which is where we have a number of exhibits as well as events occasionally, be renamed the "Vola Lawson Lobby." This is Council's way of saying to Vola how much it appreciates all of the efforts that she has and continues to make to this City.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council renamed the lobby of the Cameron Street side of City Hall the "Vola Lawson Lobby." The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"

17. Consideration of Renewal of a Lease for 720 North Saint Asaph Street to be Used as Offices for the Department of Mental Health, Mental Retardation and Substance Abuse.

(A copy of the City Manager's memorandum dated March 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/23/99, and is incorporated herewith as part of this record by reference.)

Members of Council directed questions to City Manager Lawson and Director of Mental Health, Mental Retardation and Substance Abuse Claiborn.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council approved a ten-year lease renewal from November 1, 1999 to October 31, 2009, for the 24,552-square-foot building located at 720 North St. Asaph Street. The first year's lease will total $352,178. The voting was as follows:

Rich "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Speck "aye"

18. Receipt of the Fair Share Task Force Report.

(A copy of the City Manager's memorandum dated March 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/23/99, and is incorporated herewith as part of this record by reference.)

Council Member Rich and Vice Mayor Euille spoke to the report.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council (1) received the Fair Share Task Force Report; (2) set the Report for public hearing on May 15, 1999, and requested staff to disseminate the docket memorandum and the Report to interested groups and organizations throughout the City in preparation for the public hearing, as well as to affected departments for a review of cost and staffing implications; and (3) following the public hearing, decide how it wishes to proceed. The voting was as follows:

Rich "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"

19. Consideration of a Permanent Change in the Route for the Scottish Christmas Walk.

(A copy of the City Manager's memorandum dated March 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/23/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley questioned staff whether or not the Old Town Civic Association and the neighborhood know that this route is a permanent change.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item until the second Legislative Meeting in April so that staff can contact residents of this neighborhood, the Old Town Civic Association, and the Old Town Business Association, to assure that everybody understands that this will be a permanent route for the Scottish Christmas Walk. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

20. Consideration to Use City Facilities and Personnel for the Alexandria Red Cross Waterfront Festival on June 11, June 12, and June 13, and Consideration of a 10-K Foot Race in Old Town, Placement of Signage on Street Medians, and Lifting of Requirement of a Two-Hour Dry Period.

(A copy of the City Manager's memorandum dated March 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/23/99, and is incorporated herewith as part of this record by reference.)

Members of City Council, Transportation and Environmental Services Director O'Kane, and City Manager Lawson participated in a discussion on this item. Virginia Power has only approved the use of 250th Anniversary banners on the poles on Washington Street.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council (1) approved the use of City facilities and personnel for the 18th Annual Alexandria Red Cross Waterfront Festival on June 11, 12, and 13, 1999; (2) did not approve a 10-K foot race in Old Town, for the reasons discussed in the memorandum; (3) approved the lifting of a two-hour dry period on Saturday from 2:00 - 4:00 p.m.; and (4) did not approve the placement of signage promoting the festival along street medians (Zoning regulations prohibit signs on the public right-of-way), with a request for an opinion from the City Attorney whether banner-type signs attached to the light poles can be allowed this year and in succeeding years for special events held in the City, and that staff develop an acceptable policy with rules or guidelines.

I. APPROVAL OF FACILITIES AND PERSONNEL

All City costs associated with the festival are to be paid by the Red Cross, and include permits and license fees, facilities and equipment rental fees, and staff fees at the appropriate overtime rates. These fees are estimated to total $34,167 this year, and are not to be waived (Attachments 1 and 2). The actual fees shall be determined by the City as of June 30, 1999. The Red Cross made a net total of $37,064 on the festival last year after paying $31,275 in City fees and costs for permits, licenses, facilities and equipment.

A. Use of parks, equipment and public facilities (Attachment 1):

2. The use of Founders Park (east side of cinder track) during festival hours. This area will be used for passive displays and activities as agreed upon by the Founders Park Civic Association.

3. The use of the Torpedo Factory Piers (north and south) and the Founders Park Piers (north and south) at the City Marina for berthing and servicing of visiting ships during festival hours.

4. The use of the High School Rowing Facility and Oronoco Bay for recreational use of the bay and conducting canoe rentals. The School Board permit is to be secured before scheduled date.

5. The use and rental of the following equipment owned by the City:

6. The closing of the following streets and a section of the bicycle path to vehicular traffic (except Festival and emergency vehicles) from 10:00 a.m. on Friday, June 11, through Sunday, June 13, 10:00 p.m.






7. A ban on parking on the following streets from 8:00 a.m. on Friday, June 11, until 10:00 p.m. on Sunday, June 13:

8. A ban on parking on Fairfax Street, east side, from Oronoco Street to Montgomery Street from 4:00 p.m. on Friday, June 11, until 10:00 p.m., on Sunday, June 13.

B. Permits:

1. To allow the temporary occupancy of public spaces for displays, exhibits, events, demonstrations, sales, trash removal, toilet facilities, amusement rides and other similar activities. The Department of Transportation and Environmental Services issues a permit following City Council approval;

2. To allow the on-site sale of food and beer during specified festival hours;

3. To allow the performance of staged musical events in Oronoco Bay Park on Friday, June 11, 6:00 p.m. - 11:00 p.m.; Saturday, June 12, 11:00 a.m. - 10:00 p.m.; and Sunday, June 13, 11:00 a.m. - 7:00 p.m. The Red Cross is still determining the types of family entertainment that will be featured;

4. To support a fireworks display to be conducted from a barge in the Potomac River on Friday, June 11 at 10:30 p.m. and Saturday, June 12 at 9:30 p.m. This support is contingent upon the Alexandria Red Cross obtaining permission to shoot fireworks from the District of Columbia;

5. To allow the placement of Red Cross flags by the Red Cross on utility poles from June 7 to June 14, in Oronoco Bay Park, at the City Marina and along Union Street between Cameron and Pendleton Streets;

6. To allow placement of signage for parking, excluding use of light poles, from June 6 through 13;

7. To allow amusement rides to be assembled and operated in Oronoco Bay Park. Insurance will be provided by the amusement ride vendor.

C. Set Conditions For Use:

1. No permits or license fees, facilities or equipment, rental fees, or staff costs required for the Festival shall be waived since the Red Cross raises a substantial amount of money from this festival.

2. The Red Cross shall be responsible for the restoration of landscaping, grass, sprinkler systems, light poles, and other park amenities at Oronoco Bay Park, and the City Marina area, and all other public rights-of-way as requested by the City. A $2,500 bond shall be posted by the Red Cross by June 4. Additionally, the Red Cross will be assessed a restoration fee to aerate, seed and fertilize the park after the festival, where necessary (Attachment 2).

3. Beer sales are proposed as follows: On June 11, 6:00 p.m. - 10:00 p.m.; on June 12, noon - 9:00 p.m.; and on Sunday, June 13, noon - 6:00 p.m. No beer is taken from the festival grounds. All beverages sold must be served in plastic cups, including non-alcoholic beverages. No more than two alcoholic beverages may be purchased at any one time by a customer.

Other requirements pertaining to beer sales are as follows:

4. Where necessary, the Red Cross shall obtain permission from Federal, State and D.C. Government agencies and provide the City with copies of approvals and permits.

5. The Red Cross shall provide the City with copies of Certificates of Insurance for public liability and property damage of $1,000,000 with the City of Alexandria named as additional insured. The certificates shall cover waterfront docks, fireworks displays, Oronoco Bay Park, beer sales, and rights-of-way approved in this request (Attachment 2).

6. In addition, the Red Cross shall obtain and provide the City with a copy of a Certificate of Insurance for public liability and property damage of $1,000,000 per occurrence/$5,000,000 aggregate, with the City of Alexandria named as additional insured, to cover amusement rides.

7. The Red Cross will supply barricades. The Red Cross will provide personnel to place the barricades and to control each gate to prevent unauthorized motor vehicles from entering the closed streets.

8. The Red Cross will provide the personnel necessary to keep the parks, streets and sidewalks clean at all times. The City will provide a trash truck and personnel for removal and dumping of bagged trash from the Festival site. The Red Cross shall pay all dumping and personnel fees connected with this service (Attachment 1).

9. The Red Cross shall notify and obtain, where possible, letters confirming participation and/or cooperation from the following organizations and groups that will be affected by the Festival and submit such documents to the City for review before this permit is processed:

10. The Health Department must approve all food and beverage concessions prior to their arrival at the site. Adequate toilet facilities must also be provided.

11. The Red Cross shall provide and pay for night security of the Festival grounds and along the waterfront.

12. The Red Cross shall be responsible for all docking fees incurred by visiting ships berthing at the City Marina.

13. The Red Cross shall obtain a three-day banquet license and a three-day business license from the City's Finance Department (Attachment 2).

14. All food sales will be conducted under tents or from booths and wagons located throughout the Festival site. Concessionaires include several Alexandria restaurants and clubs. The Health and Fire Departments will monitor these activities to ensure that all codes are met.

II. 10-K FOOT RACE IN OLD TOWN

The Red Cross Waterfront Festival Committee requests a 10-K foot race be added to the program on Sunday morning as a family attraction. The theme would be "Run through History" and the race would highlight the historic sites and early settlement of Alexandria. The proposed route of the race would be in Old Town along Union Street with the beginning and end of race located at Oronoco Bay Park (Attachment 3). The Waterfront Festival Committee also requests that the following streets be closed to through traffic from 7:00 a.m. to 8:30 a.m. on Sunday, June 13.

Staff does not recommend the approval of the request to hold a 10-K foot race in Old Town on Sunday, June 13. The current Guidelines for Sponsoring Major Events in Old Town Alexandria limits the number of major event races in Old Town to three (Attachment 4). Currently, two major event races with more than 500 participants are scheduled in Old Town which are Run vs Row on March 27 and The George Washington Parkway Classic on April 18. There are two other races with fewer than 500 participants scheduled for 1999 which are the Alexandria Bar Foundation on April 24 and the Colin Casey Fun Run on May 16. Staff recommends that an additional race in Old Town not be added to the schedule in order to be sensitive to the issues of parking and crowds which have a negative impact on the neighborhoods in Old Town.

Staff has recommended that the race be held in Eisenhower Valley, the only other location for races according to the special events policy. This would require the Red Cross to change the race from a 10-K to a 5-K, as the Valley cannot accommodate a 10-K race because of the Claremont Interchange. The Red Cross says that it does not wish to hold a race in the Eisenhower Valley. They want to have it in Old Town so that it’s more closely linked with the Waterfront Festival.

III. LIFTING THE TWO-HOUR DRY PERIOD REQUIREMENT

Beer sales are proposed as follows: On June 11, 6:00 p.m. - 10:00 p.m.; on June 12, 12:00 noon - 9:00 p.m.; and on Sunday, June 13, 12:00 noon - 6:00 p.m. No beer is to be taken from the festival grounds. All beverages sold must be served in plastic cups, including non-alcoholic beverages. No more than two alcoholic beverages may be purchased at any one time by a customer.

In previous years, the Waterfront Festival complied with a request by the City to have a two-hour dry period on Saturday from 2:00 - 4:00 p.m. This year the Festival Committee requests that this requirement be lifted.

Staff recommends the requirement of a two-hour dry period be lifted. Police reports regarding alcohol related arrests for previous years have been two arrests per year in 1996 and 1997 and no arrests in 1998. The Police have indicated their support of this request.

The Festival Committee will continue to comply with the other requirements pertaining to beer sales as follows:






IV. PLACEMENT OF SIGNAGE PROMOTING THE FESTIVAL ALONG STREET MEDIANS

The Red Cross has requested permission to place signage along street medians two weeks prior to the Festival. Zoning regulations prohibit signs on the public right-of-way; therefore, staff does not support this request

The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"

21. Consideration of Proposed City Testimony for the Commonwealth Transportation Board 1999 Preallocation Hearing.

(A copy of the City Manager's memorandum dated March 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/23/99, and is incorporated herewith as part of this record by reference.)

Transportation and Environmental Services Director O'Kane spoke to this testimony and responded to queries of City Council.

Mayor Donley noted that a Bluestone Connector to Duke Street is not an option to consider.

Council Member Walker wanted to make sure that the Eisenhower Avenue Interchange from the Beltway is on our list. Mr. O'Kane stated that he will reword this item that appears on page 6 of his report with what is in the Woodrow Wilson Bridge plan.

Council Member Walker requested that the study be started to add transit to the Woodrow Wilson Bridge. Mr. O'Kane spoke to this as an operational bus service on the Woodrow Wilson Bridge and to begin some analysis, and requested some wording to be added to the package. Council Member Walker stated that it should go into one of the mitigation measures almost immediately.

Council Member Walker also stated that we have agreed to support the high-speed rail system from D.C. to Richmond and asked that that be included.

Council Member Rich spoke to the Beauregard Street/King Street Intersection item in the report; a copy of VDOT's Community Information Meeting notice pertaining to this intersection to be held on Tuesday, April 6, 1999, between 4:30 p.m. and 8:00 p.m., Minnie Howard School Auditorium, located at 3801 West Braddock Road, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 3/23/99, and is incorporated herewith as part of this record by reference.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the projects discussed in the City Manager's memorandum for presentation to the Commonwealth Transportation Board (CTB) at the Preallocation Hearing for the Northern Virginia District; and (2) authorized staff to transmit the City's list of priorities by letters to the Virginia Department of Transportation (VDOT) and the Virginia Department of Rail and Public Transportation (VDR&PT), as appropriate. The voting was as follows:

Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Traffic and Parking Board

22. Consideration of Traffic Calming Measures at the Intersection of West and Oronoco Streets. (#21 3/13/99) (Councilman Speck)

(A copy of the City Manager's memorandum dated March 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/23/99, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to this matter.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the installation of a four-way stop at this intersection based on the testimony from the public hearing on March 13. The voting was as follows:

Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Cleveland requested staff to look at putting neighborhood signs designating the various sections of the City.

(b) Councilwoman Pepper noted that Anna Leider had been appointed tonight as her representative on BFAAC, replacing Don Casey. She stated that Mr. Casey was an outstanding representative to BFAAC and thanked him for his many years of service.

(c) Councilwoman Pepper announced that on Sunday, March 28, 1999, at the Charles Houston Center, there will be a tribute to City Manager Lawson in recognition of National Women's History Month sponsored by the Society for the Preservation of Black Heritage, the Parker-Gray High School Alumni Association, and the Alexandria Black History Resource Center. It is open to the public and is free.

(d) Councilwoman Pepper spoke to the recent Agenda Alexandria meeting on open space opportunities in an urban setting which was an outstanding discussion. This will be re-broadcast on Channel 10 on Wednesday, March 24 at 9:00 p.m., and again on Friday, March 26 at 5:00 p.m.

(e) Councilwoman Pepper noted that she participated in something called the "Reality Story" which was held at Minnie Howard School. It was sponsored by the Alexandria Business and Professional Women. It was an opportunity for students to come and learn a little bit about life as it really is.

(f) Councilman Speck noted that Agenda Alexandria received the Chamber's first award for Communication recognizing their efforts to broaden and foster non-partisan educational discussion and debate.

(g) Councilman Speck spoke to the press release that was issued by the Office of Historic Alexandria following up on a discussion last spring about developing a photographic collection of Alexandria's seventy-one Mayors and fourteen City Managers.

(h) Councilman Speck served as a judge in the Cora Kelly Science Fair which he enjoyed immensely. It was another opportunity for everyone to see how impressive it is to see the kids, their projects, their thinking, their knowledge, and their way of presenting it.

(i) Council Member Walker spoke to the debut of the opera "Torpedo" which was written, directed and performed by the students at John Adams. They are going to perform the opera once again on April 8, at 7:30 p.m. at the Torpedo Factory, at the same time as the book called Torpedo written by Marian Van Landingham will be launched.

(j) Vice Mayor Euille reminded citizens that the annual Christmas in April home renovation project will occur on Saturday, April 24. He noted that in the past, the City Council and the City Manager's Office and other departments have gone in together to sponsor a house for a renovation, but he understands this year that may not happen. He indicated that he will sponsor the house for Council, and the City Council, City Manager's Office and other departments are encouraged to participate.

(k) Vice Mayor Euille noted that there is only one board appointment on tonight's docket; however, he announced that on March 12, the City advertised for approximately 27 boards and commissions with vacancies. Vice Mayor Euille indicated the deadline to apply for one of the positions is Friday, April 2, and he encouraged persons to do so.

(l) Mayor Donley spoke to a recent article in the Washington Post on Sunday, March 21, regarding our schools. He would like to see a focus on more positive reporting.

ORDINANCES AND RESOLUTIONS (continued)

27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to revise the City's regulations governing discharges into the sanitary sewer system and ultimately into the wastewater treatment facility operated by the Alexandria Sanitation Authority, and the treatment of such discharges before their entry into the sewer system. (#17 3/12/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated March 3, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 3/23/99, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 4035

AN ORDINANCE to repeal current Division 3 (DISCHARGES INTO SEWAGE COLLECTION SYSTEM AND POTW), and to enact a new Division 3.1 (DISCHARGES INTO POTW), of Chapter 6 (WATER AND SEWER), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Division 3 of Chapter 6 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is repealed.

Section 2. That Chapter 6 of Title 5 of The Code of the City of Alexandria, 1981 as amended, be, and the same hereby is, amended by adding a new division 3.1, to read as follows:
Division 3.1
Discharges into POTW
SUBDIVISION A
General Provisions

Sec. 5-6-101 Purpose and policy.

This division sets forth uniform requirements for users of the Alexandria Sanitation Authority's publicly owned treatment works ("POTW") and the sewer system which carries wastewater to the POTW, and enables the Sanitation Authority to comply with all applicable federal and state laws, including but not limited to the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations promulgated by the United States Environmental Protection Agency (40 C.F.R. Part 403). The objectives of this division are:

(1) To prevent the introduction of pollutants into the POTW that will interfere with its operation;

(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW inadequately treated into receiving waters or will otherwise be incompatible with the POTW;

(3) To protect the general public and POTW personnel who may be affected by wastewater and sludge;

(4) To provide for the imposition of fees for the equitable distribution of the costs of operation, maintenance and improvement of the POTW and of other activities of the Alexandria Sanitation Authority under this division; and

(5) To enable the Alexandria Sanitation Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and all other federal and state laws which apply to the operation of the POTW.

This division shall apply to all users of the POTW. This division authorizes the authority to issue wastewater discharge permits, to engage in monitoring, compliance and enforcement activities, to establish administrative review procedures, to require user reporting, and to set fees which equitably distribute the costs of its activities under this division.

Section 5-6-102 Definitions.

For the purposes of this division, the following words and phrases shall have the meanings given below, except in those instances when the context clearly indicates a different meaning.

(a) Administrator. The administrator of the United States Environmental Protection Agency or those acting on his behalf.

(b) Approving authority. The Director of the Virginia Department of Environmental Quality.

(c) Authority. The City of Alexandria, Virginia, Sanitation Authority.

(d) Authorized representative of the user. A duly authorized representative of the individual or entity identified in paragraphs (1), (2), (3) or (4) below, if such representative is responsible for the overall operation of the facility from which the discharge originates. The authorization must be submitted to the authority in writing and must name the representative and the position he occupies. Whenever such authorization is no longer accurate, a new authorization must be submitted to the authority at least two weeks prior to submission of any reports signed by the authorized representative. An authorized representative shall be:

(1) if the user is a corporation:

(a) the president, secretary, treasurer or a vice-president of the corporation who is 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 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2) if the user is a partnership, a general partner of the partnership;

(3) if the user is a sole proprietorship, the proprietor; or

(4) if the user is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or such person's designee.

The individuals described in subsubsections (1) through (4) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the user, and the written authorization is submitted to the authority at least two weeks prior to any reports being signed by the new designee.

(e) Best management practices. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices or procedures of users to prevent or reduce the discharge of pollutants into the POTW. Such practices may include, but are not restricted to, notification plans of any accidental discharge, solvent and toxic organic management plans, operating procedures, practices to control batch discharges, sludge and waste disposals, spillage or leaks, or drainage from raw material storage, and practices for pollution prevention control.

(f) City. The City of Alexandria.

(g) Clean Water Act or the Act. Federal Water Pollution Control Act, also known as the Clean Water Act of 1977 (Pub. L. No. 95-217), as amended, 33 U.S.C. 1251 et seq.

(h) Control authority. The City of Alexandria, Virginia, Sanitation Authority.

(i) Conventional pollutants. BOD, TSS, fecal coliform, oil and grease, and pH.

(j) Director. The director of the department of transportation and environmental services of the city.

(k) Discharge. The introduction of pollutants or wastewater containing pollutants into the POTW.

(l) Engineer. The engineer-director of the authority or another employee of the authority who has been duly authorized to act on the engineer-director’s behalf or duly delegated the engineer director’s authority.





(m) Improperly shredded garbage. The wastes from the preparation, cooking, eating, handling, dispensing, sale or storage of food that have not been shredded to such a degree that all particles are less than a half an inch (1.27 centimeters) in any dimension and will be carried freely under the flow conditions normally prevailing in public sewers.

(n) Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, or the use or disposal of its sludge;

(2) is a cause of a violation of any requirement of the authority's NPDES permit, including an increase in the magnitude or duration of a violation; or

(3) prevents the use or disposal of sludge at the POTW from complying with any provisions of federal, state or local law, including but not limited to section 405 of the Clean Water Act, the Solid Waste Disposal Act (“SWDA”) (42 U.S.C.3251 et seq.), including title II which is more commonly referred to as the Resource Conservation and Recovery Act (“RCRA”)(42 U.S.C.6901 et seq.), state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act and the Marine Protection, Research and Sanctuaries Act (33 U.S.C.1420 et seq.).

(o) Medical waste. Isolation waste, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical waste, potentially contaminated laboratory waste or dialysis waste which have been generated in the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, and any other medical wastes as specified in the Virginia medical waste management regulations, 9 VAC20-120. The term does not include any household waste identified in 40 C.F.R.261.4(b)(l).

(p) National categorical pretreatment standards or categorical standards. Any regulation containing pollutant discharge limits, promulgated by the United States Environmental Protection Agency pursuant to sections 307(b) and (c) of the Clean Water Act, that apply to a specific category of users which appear in 40 C.F.R. Parts 405 through 471. All such standards are included in this division as if fully set forth herein.

(q) National Pollutant Discharge Elimination System permit or NPDES permit. A permit issued pursuant to Section 402 of the Clean Water Act.

(r) New source.

(1) Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commences after the publication in the Federal Register of proposed pretreatment standards under the Clean Water Act that would be applicable to the source if such standards were thereafter promulgated, provided that:

(i) the building, structure, facility or installation is constructed at a site where no other source of pollutant discharges is located; or


(ii) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge from an existing source; or

(iii) 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 this "substantially independent" criterion is met, factors such as the extent to which the new facility is integrated with the existing plant and is engaged in the same general type of activity as the existing source shall be considered.

(2) Construction at a site at which an existing source of pollutant discharges is located results in a modification of the existing source, rather than a new source, if the construction does not create a new building, structure, facility or installation meeting the criteria of subsubsection (1) above, but otherwise alters, replaces or adds to existing process or production equipment.

(3) Construction of a new source has commenced if the owner or operator has:

(i) begun, or caused to begin, as part of a continuous on-site construction program, any replacement, assembly or installation of facilities or equipment, or any significant site preparation work, including excavation work or clearing or removal of existing buildings or structures;

(ii) entered into binding contractual obligations for the purchase of facilities or equipment which are intended to be used in the operation of the new source within a reasonable time; provided, that options to purchase, contracts which may be terminated or modified without substantial loss, and contracts for feasibility, engineering or design studies shall not constitute a contractual obligation under this subsubsection.

(s) Noncontact cooling water. Water used solely for cooling purposes which does not come in contact with any other discharge until it is discharged into the collection system or the POTW, and which does not exceed the pretreatment standards.

(t) Pass through. Any discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

(u) Permittee. A holder of a wastewater discharge permit issued by the authority.

(v) pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.





(w) Photographic processing facility. A facility which processes images from silver sensitized films and papers, including, but not limited to commercial photographic and film processing facilities, in-house photographic processing facilities, mini-labs, printers, and x-ray and other medical, dental, industrial, institutional or diagnostic facilities which produce a silver rich solution.

(x) Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, rock, sand, municipal wastes, and agricultural wastes.

(y) POTW or publicly owned treatment works. The wastewater treatment plant operated by the authority, along with the pump stations and sewers which deliver wastewater to the plant.

(z) Pretreatment. The reduction of the amount of pollutants to a less harmful state, or the elimination of pollutant properties in wastewater, prior to or in lieu of the discharge of the pollutants into the POTW. This reduction or elimination may be obtained by physical, chemical or biological processes or other means; it may not be obtained by dilution of the concentration of the pollutants, unless allowed by an applicable pretreatment standard, or by other means which are prohibited by 40 C.F.R.403.6(d).

(aa) Pretreatment standards or standards. Federal, state or local standards which prohibit certain pollutants from appearing in discharges or which limit the quantity or concentration of certain pollutants which may appear in discharges, including national categorical pretreatment standards promulgated by the United States Environmental Protection Agency.

(bb) Prohibited discharge. Any discharge containing a pollutant which is prohibited from entering the POTW.

(cc) Sewer connection permit. A permit issued pursuant to section 5-6-25 of this article.

(dd) Silver CMP. The Code of Management Practice for Silver Dischargers, issued by the Silver Council and the Association of Metropolitan Sewage Agencies, dated September 1995, as amended from time to time, which provides recommendations on technology, equipment and management practices for controlling silver discharges from facilities that process photographic materials. (A copy of the Silver CMP shall be obtainable from the authority.)

(ee) Silver recovery. The process of removing silver from silver rich solutions.

(ff) Silver rich solution. A solution containing sufficient silver such that cost-effective silver recovery can be done either on-site or off-site. In photographic processing facilities, such solutions include, but are not limited to, fix and bleach-fix solutions, stabilizers, low replenished (low-flow) washes, and all functionally similar solutions, but do not include low silver solutions such as used developers, bleaches, stop baths, pre-bleaches, stabilizers following washes and wash waters.



(gg) Slug discharge. Any discharge which, because of the concentration of pollutants or the quantity of flow, could cause a violation of a standard for prohibited discharges.

(hh) User. Any person or entity which is the source of a discharge.

(ii) User, industrial. Any person or entity which is a non-residential source of a discharge.

(jj) User, significant industrial:

(1) Categorical. Any industrial user subject to the national categorical pretreatment standards in 40 C.F.R.403.6 and 40 C.F.R. Parts 405 through 471; and

(2) Noncategorical. Any other industrial user that discharges an average of 25,000 or more gallons per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment capacity, or is designated a significant industrial user in accordance with 40 C.F.R. section 403.8(f)(g), on the basis that the industrial user has a reasonable potential to adversely affect the POTW's operation or to violate any national categorical pretreatment standard or requirement.

(kk) Wastewater. Liquid and water-carried wastes containing any pollutants whether treated or untreated, which are discharged from any source into a POTW.

Section 5-6-103 Administration.

Except as otherwise expressly provided in this division, the director is authorized to administer and enforce the provisions of this division, and is further authorized to delegate all or part of his authority to the engineer, who is authorized to redelegate his authority to another employee of the authority who has been authorized to act on the engineer’s behalf.

Section 5-6-104 Promulgation of procedures.

The authority is hereby authorized to establish rules and promulgate procedures that it deems necessary to implement the provisions of this division, including but not limited to the development of a compliance schedule for industrial users, the installation of pretreatment technology required to meet applicable pretreatment standards and requirements and to meet the requirements imposed by accidental spill and slug control plans or best management practices.
SUBDIVISION B
General User Requirements

Sec. 5-6-111 Prohibited discharges.

(a) No user shall discharge or cause to be discharged into or the POTW any of the following substances, materials, waters or wastes:

(1) any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas, which creates a fire or explosion hazard in the collection system or POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140 degrees fahrenheit (60 degrees celsius) using methods specified in 40 C.F.R. 261.21;

(2) any petroleum oil, non biodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through;

(3) any water or waste containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the collection system or the POTW, including but not limited to cyanides, chromium, copper, zinc, silver, lead, nickel, arsenic, mercury, cadmium and phenols;

(4) any water or waste having a pH of less than 6.0 or more than 11.0 standard units or having any corrosive property capable of causing damage or hazard to structures, equipment or personnel of the city, the collection system or the POTW;

(5) any solid or viscous substance capable of causing obstruction to the flow in the collection system or the POTW or interference with the proper operation of the collection system or the POTW, including but not limited to improperly shredded garbage, ashes, cinders, sand, mud, straw, wood or paunch manure;

(6) any liquid or vapor having a temperature higher than 140 degrees fahrenheit (60 degrees celsius) or, at the point of intake to the POTW, having a temperature higher than 104 degrees fahrenheit (40 degrees celsius);

(7) any waters or wastes containing fats, wax, grease or oils of animal or vegetable origin in concentrations greater than 100 mg/l as an instantaneous maximum or containing substances which may solidify or become viscous at temperatures between 32 degrees fahrenheit and 140 degrees fahrenheit;

(8) any radioactive substance of such half-life or concentration as may exceed safe limits as established by federal or state regulations;

(9) any odor- or color-producing substance exceeding concentrations which may be established by the authority for the purpose of meeting NPDES permit conditions;

(10) any quantity of flow or concentration, or both, which constitutes a slug discharge, and any pollutant, including any conventional pollutant, released in a discharge at a flow rate or pollutant concentration, or both, which will cause interference with the POTW;

(11) any substance from a septic tank, a truck or a portable vessel or device without prior written permission from the authority;

(12) used motor oil in any amount;


(13) any product containing used or otherwise contaminated antifreeze (ethylene glycol);

(14) any medical waste, except as specifically authorized by the engineer in a wastewater discharge permit;

(15) any hazardous waste, as defined in the Resource Conservation and Recovery Act, which is not covered by the domestic sewage exemption contained in 40 C.F.R. 261.4(a)(1)(ii);

(16) any substance, material, water or waste which the engineer determines to be or to contain a pollutant which will pass through or cause interference with the operation or performance of the POTW or will contaminate the resulting sludge; and

(17) any silver rich solutions from a photographic processing facility, unless such silver rich solution is managed by the photographic processing facility in accordance with the Silver CMP, prior to its introduction into the POTW.

(b) No user shall make or cause to be made any of the following discharges:

(1) any discharge which causes interference;

(2) any discharge which constitutes a pass through;

(3) any discharge without a permit required by this division;

(4) any discharge which violates national categorical pretreatment standards;

(5) any discharge which constitutes or results in a violation of any permit term or condition;

(6) any discharge which violates local limit pretreatment standards established by the authority under section 5-6-113 and in accordance with 40 C.F.R. 403.5(c)(1); and

(7) any discharge of groundwater, storm water, surface water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted wastewater into the collection system or the POTW without written approval of the authority, except for those circumstances covered by sections 5-6-32 through 5-6-39.

(c) Dilution of waste streams to meet the requirements of this section is prohibited.

(d) Substances, materials, waters or wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged into the collection system or the POTW.




Sec. 5-6-112 National categorical pretreatment standards.

(a) Where a categorical pretreatment standard is expressed only in terms of the mass or the concentration of a pollutant in wastewater, the engineer may impose equivalent concentration or mass limits in accordance with 40 C.F.R. 403.6(c).

(b) Where wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the engineer shall impose an alternate limit using the combined waste stream formula in 40 C.F.R. 403.6(e).

(c) A user may obtain from the engineer a variance from a categorical pretreatment standard if the user can prove, pursuant to the provisions in 40 C.F.R. 403.13, that the factors relating to its discharge are fundamentally different from the factors considered by the United States Environmental Protection Agency when developing the categorical standard.

(d) A user may obtain from the engineer a net gross adjustment to a categorical pretreatment standard in accordance with 40 C.F.R. 403.15.

Sec. 5-6-113 Local limits.

(a) The authority may establish, by regulation, maximum mass or concentration discharge limits for any pollutant that threatens the public health, presents an endangerment to the environment, interferes with the operation of the POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge. Such limits shall be determined at the point where the user's wastewater is discharged to the collection system, except where the engineer determines that a limit may be applied at the end of process. All concentrations for metallic substances are for total metals unless otherwise indicated. Compliance with all parameters may be determined from a single grab sample. In addition, the authority shall impose the validly adopted local discharge limits of any political subdivision for those users whose discharges are tributary to a publicly owned treatment works of the subdivision, where the limits are applicable in the city pursuant to an agreement between the authority and the political subdivision.

(b) The authority may establish, by regulation or in discharge permits, standards or requirements for discharges which are necessary to ensure user compliance with section 5-6-111; provided, that no such standard or requirement may be less stringent than applicable federal standards and requirements.

Sec. 5-6-114 Dilution.

No user shall increase the use of process water, or in any way dilute a discharge, in order to achieve compliance with a discharge limit, unless expressly authorized by an applicable pretreatment standard or requirement. The engineer may impose discharge limits that are based on the mass of pollutants upon users which are using dilution to meet applicable pretreatment standards or requirements, or when the imposition of such limits is otherwise appropriate.


SUBDIVISION C
Pretreatment of Wastewater

Sec. 5-6-121 Pretreatment facilities.

Users shall provide wastewater treatment as is necessary to comply with this division, and shall comply with all categorical pretreatment standards and local limits and with the prohibitions set out in section 5-6-111, within the time limitations specified by federal, state or local regulation or by the authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the authority for review, and must be approved by the authority 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 any such facility to produce a discharge acceptable to the authority under the provisions of this division. The engineer may require a user to have a certified operator on staff to ensure proper operation and maintenance of the pretreatment facility.

Sec. 5-6-122 Additional pretreatment measures.

(a) Whenever deemed necessary, the engineer may require users to restrict their discharge during peak flow periods, to discharge certain wastewater only into specific sewers, to relocate and/or consolidate points of discharge, to separate sewage waste streams from industrial waste streams, and to comply with such other conditions as are necessary to protect the POTW. In addition, the engineer shall determine the user's compliance with requirements of this division.

(b) The engineer may require any person discharging into the POTW to install and maintain on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.

Sec. 5-6-123 Grease, fat and oils removal systems.

(a) Grease, fat and oils removal systems shall be installed where the discharge of grease laden waste from food preparation or food processing, or from any other commercial establishment, into the POTW will cause an impediment or obstruction. A grease, fats and oils removal system, to be approved by the authority, shall consist of one or a combination of the following:

(1) passive technology which includes an approved in-ground grease trap and an approved grease interceptor; or

(2) active technology which includes a grease recovery device that has been approved by the authority and a solids transfer/grease recovery device that has been approved by the authority.

(b) Waste that does not contain fat, grease or oils and that otherwise does not require treatment shall not be discharged into a grease, fats and oils removal system. Wastewater from dishwasher machines and wastewater that exceeds 130 fahrenheit shall not be introduced into a grease removal system.


Sec. 5-6-124 Passive system requirements.

(a) Grease traps. The size, type and location of each grease trap shall be approved by an official designated by the authority. Grease traps of pre-cast or poured in-place concrete shall be constructed of sound durable material, not be subjected to excessive corrosion or decay, and shall be water and gas tight.

(b) Grease interceptor. A grease interceptor shall be sized and engineered based upon the anticipated load and/or conditions of actual use. A grease interceptor shall receive grease laden waste discharge from major point sources. A floor drain shall not be considered a major point source.

(c) Grease interceptor capacity. A grease interceptor shall have the grease retention capacity for the flow rates indicated in Table 1 set forth below in subsection (d).

(d) Rate of flow controls. A grease interceptor shall be equipped to control the rate of flow as set forth in Table 1.
TABLE 1
Grease Interceptor Capacity, Sizing and Rating
Sizing Symbol471015202530355075
Flow Rate
GPM471015202530355075
L/S0.250.440.630.951.261.581.892.203.164.73
Rention Capacity
Pound814203040506070100150
Kilograms3.66.49.113.618.222.727.331.845.468.2

Sec. 5-6-125 Active system requirements.

(a) Grease recovery devices. Grease recovery devices shall be permitted in lieu of grease interceptors or grease traps in accordance with the following requirements:

(1) Location. Grease recovery devices shall receive all grease laden waste discharge from the major point sources. A floor drain shall not be considered a major point source.

(2) Sizing. Grease recovery devices shall be sized based upon the anticipated load and/or conditions of actual use.

(3) Capacity. Grease recovery devices shall have a minimum retention capacity as indicated in Table 1 set forth in 5-6-124(d) for the flow-rates indicated.

Sec. 5-6-126 High risk facilities.

Any high risk facility that has had violations of a wastewater discharge permit, of federal, state or local laws, or of requirements of the authority shall incorporate a grease recovery device in combination with and preceding the grease trap.

Sec. 5-6-127 Alternative methods.

(a) Technology and methods, other than those set forth in sections 5-6-123 through 5-6-125, may be permitted by the authority; provided, that the technology or method meets the minimum performance standards established by the authority.

(b) Biological or chemical treatment agents. Biological or chemical treatment agents for the separation, emulsification and/or removal of grease, fats and oils are prohibited, unless a written authorization has been obtained from the authority.

Sec. 5-6-128 Discharges from photographic processing facilities

(a) It shall be unlawful to discharge or otherwise induce silver rich solutions from a photographic processing facility into the POTW, unless such silver rich solution is managed by the photographic processing facility in accordance with the silver CMP, prior to its introduction into the collection system or the POTW.

(b) The silver CMP is a fully enforceable element of the authority’s industrial pretreatment program and constitutes a local limitation for silver that is discharged from photographic processing facilities.

(c) Within 90 days after the enactment of this division for existing photographic processing facilities, or within 90 days before the date upon which a new photographic processing facility commences the discharge of silver rich solution into the POTW, the photographic processing facility shall notify the authority that it discharges or intends to discharge silver rich solutions and shall confirm that these discharges shall thereafter be managed in accordance with the silver CMP. No photographic processing facility shall thereafter discharge waste, solutions or other substances that are not in accordance with the silver CMP.
(d) A photographic processing facility which has implemented the silver CMP for the control of silver discharges to the POTW shall submit an annual compliance certification to the authority by November 30 of each year. This compliance certification shall be completed by an authorized representative of the photographic processing facility and shall contain the following statement:

Sec. 5-6-129 Best management practices.

Where reasonably appropriate and required by the engineer, an industrial user shall provide and implement best management practices. The authority, acting through the engineer, shall have the authority and responsibility to enter upon the property of any industrial user, at any reasonable time, for the purpose of investigating whether the user is following the required best management

practices. Best management practices may be part of the industrial user permit issued to industrial users.

Sec. 5-6-130 Accidental discharge and slug control plan.

(a) Where reasonably appropriate and required by the engineer, an industrial user shall provide protection from spills, leaks and/or slug discharges of prohibited materials and other wastes regulated under this division. For the purpose of this section, a slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge. If the authority determines that an industrial use shall implement an accidental discharge and slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(1) a description of the user’s discharge practices, including nonroutine batch discharges;

(2) a description of stored chemicals;

(3) procedures for immediately notifying the authority of a slug discharge, including any discharge that would be a violation of section 5-6-111, with procedures for follow-up written notification within five days of the discharge;

(4) if necessary, procedures to prevent adverse impacts from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.

(b) Facilities to prevent such spills, leaks or slug discharges shall be provided and maintained at the industrial user's expense. Detailed plans showing such facilities and the operating procedures to provide this protection shall be submitted to the engineer for review, and shall be approved by the engineer prior to facility construction. The authority, acting through the engineer, shall have the authority and responsibility to enter upon the property of an industrial user, at any reasonable time, for the purpose of investigating or testing any facility to assure that an accidental spill and slug control plan is at all times fully effective. Accidental spill and slug control plan requirements may be part of the industrial user permit issued to industrial users.

(c) Immediately following a leak or spill, the industrial user shall notify the engineer or other authority personnel by telephone of the fact of the leak or spill, the extent of the leak or spill, and the known causes. Within five days following the leak or spill, the user shall submit to the engineer a detailed written report describing the cause of the leak or spill 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 or any other property or of injury to persons caused by the leak or spill. Any such notification shall not relieve the user of any liabilities, fines or other applicable penalties which may be imposed under this code or other applicable laws.

SUBDIVISION D
Wastewater Discharge Permits

Sec. 5-6-141 Wastewater discharge permits required.

(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the authority, except that a significant industrial user that has filed a timely application pursuant to section 5-6-142 may continue to discharge for the time period specified therein.

(b) The engineer may require other users to obtain wastewater discharge permits as may be necessary to carry out the purposes of this division.

(c) Any violation of the terms or conditions of a wastewater discharge permit shall be deemed a violation of this division.

(d) Receipt of a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards and requirements and with all other requirements of federal, state and local law.

Sec. 5-6-142 Wastewater discharge permit required for new connections.

Any user required to obtain a wastewater discharge permit which proposes to begin or recommence discharging into the POTW shall obtain such permit prior to beginning or recommencing such discharge. An application for a wastewater discharge permit shall be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

Section 5-6-143 Wastewater discharge permit application content.

(a) All users required to obtain a wastewater discharge permit shall submit a permit application. The engineer may require all users to submit, as part of an application, the following information:

(1) all information required by section 5-6-161 of this division;

(2) a description of the activities, facilities and plant processes on the premises of the user, including a list of all raw materials and chemicals stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

(3) the number and type of employees, hours of operation, and proposed or actual hours of operation;

(4) each product produced by type, amount, process or processes, and rate of production;

(5) the type and amount of raw materials processed (average and maximum per day);

(6) 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;

(7) time and duration of discharge; and

(8) any other information as may be deemed necessary by the engineer to evaluate the application.

(b) Incomplete or inaccurate applications will not be processed and will be returned to the user.

Sec. 5-6-144 Issuance of wastewater discharge permit.

The engineer will evaluate the application and any data and other information furnished by the user, and may require additional information. Within 60 days after receipt of a complete wastewater discharge permit application, the engineer will determine whether to issue a wastewater discharge permit. The engineer may deny any application for a wastewater discharge permit if he determines that the discharge will not comply with the requirements set forth in this division or in federal, state and local law.

Sec. 5-6-145 Wastewater discharge permit content.

A wastewater discharge permit shall contain a provision that expressly subjects the permit to all provisions of this division and all other applicable federal, state and local laws, regulations and conditions, and any user charges and fees established by the authority and/or the city. A permit shall also contain, at a minimum, the following:

(1) the name and address of the owner or operator of the user (the permittee), and the issuance, effective and expiration dates of the permit;

(2) the most stringent applicable discharge limits, including those limits established by this division, limits contained in applicable national categorical pretreatment standards, and limits established by another political subdivision pursuant to agreements between the authority and the subdivision;

(3) the local pretreatment limits as set forth in section 5-6-113;

(4) the monitoring requirements imposed on the permittee, including but not limited to the pollutants to be monitored, the locations for taking samples, the methods of taking and analyzing samples, and the frequency of taking samples;

(5) the reporting requirements imposed on the permittee, including but not limited to the type and contents of each report and the date of submission for each report;

(6) a requirement that, in the event sampling indicates a violation of any permit condition, the permittee shall notify the authority of the violation within 24 hours of first becoming aware of it, and shall repeat the sampling and analysis and submit the results of the repeat analysis to the authority within 30 days of first becoming aware of the violation; provided, that the permittee shall not be required to resample if the authority or the permittee performs sampling at the facility covered by the permit at a frequency of at least once per month, or the authority or the permittee performs sampling at the facility between the time when the permittee performs its initial sampling and the time when the permittee receives the results of this sampling;

(7) standard conditions that are contained in all wastewater discharge permits;

(8) specific conditions that apply to the particular permittee, including but not limited to requirements to construct, maintain and operate certain pretreatment facilities, requirements to develop and implement compliance schedules, requirements to develop and implement best management practices, and requirements to develop and implement accidental spill and slug control plans;

(9) other conditions as may be reasonably necessary to regulate the permittee; and

(10) the circumstances in which the permit may be examined and modified by the authority.

Sec. 5-6-146 Wastewater discharge permit duration.

A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years at the discretion of the engineer. Each wastewater discharge permit shall indicate the specific date upon which it will expire.

Sec. 5-6-147 Wastewater discharge permit modifications.

(a) Upon the promulgation of a national categorical pretreatment standard, the authority shall notify all users holding a wastewater discharge permit which may be subject to the new standard. If the new standard is more stringent than corresponding requirements in the permits of such users, the authority shall modify the permits to require compliance with the new standard within the time frame prescribed by the standard. Where a user which becomes subject to a new pretreatment standard does not hold a wastewater discharge permit, the user shall file a completed permit application form with the authority within 90 days after the promulgation of the new standard, unless a federal or state statute or regulation requires that the application be filed within a shorter period of time.

(b) A wastewater discharge permit is subject to modification by the engineer as limitations or requirements identified in this division are revised or upon just cause. An industrial user shall be informed of any permit modification at least 30 days prior to the effective date of the modification, unless federal or state law or regulation requires an earlier effective date. Any modification in a permit shall include a reasonable time schedule for compliance.

Sec. 5-6-148 Wastewater discharge permit transfer.

A wastewater discharge permit shall be issued to a specific user, as the permittee, for a specific facility and a specific operation. A permit shall not be assigned, transferred or sold by a permittee to a new owner or operator of the permittee's facility or to another user, unless the assignment, transfer or sale has been approved by the engineer. A permit shall, in the case of a new or changed user operation, automatically expire unless the new or changed operation has been approved by the engineer.




Sec. 5-6-149 Wastewater discharge permit revocation.

If the director or the engineer determines that a user's violation of any discharge limitations or standards or other requirements imposed on it by this division, including a permit issued pursuant to this division, threatens the public health, presents an endangerment to the environment, interferes with the operation of the POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge, the authority may suspend wastewater treatment service, including collection and treatment services, to the user. In addition, the city and the authority may revoke any permit issued under this article when the city or the authority determines that the user's continued discharge into the POTW will be in violation of any federal, state or local law or regulation, or any requirement or procedure issued pursuant to any such law.

Sec. 5-6-150 Permit reissuance.

A wastewater discharge permittee may apply for the reissuance of a wastewater discharge permit at least 90 days prior to the expiration of the existing permit.

Sec. 5-6-151 Regulation of waste received from other political subdivisions.

No user shall discharge into the POTW any wastewater containing pollutant levels above the local limit pretreatment standards set by the authority in accordance with 40 C.F.R. 403.5(c)(1). The authority shall require compliance with validly adopted local limits of other political subdivisions for users whose discharges are tributary to the POTW of such political subdivisions and applicable pursuant to agreements between the authority and the political subdivision. The authority may impose maximum mass or concentration discharge limits in accordance with section 5-6-113.
SUBDIVISION E
Reporting Requirements

Sec. 5-6-161 Baseline monitoring reports; additional reporting requirements for categorical industrial users; baseline reports.

Within 180 days after the effective date of a new or revised categorical pretreatment standard, or 180 days after a final administrative decision regarding a category determination submission under 40 C.F.R. 403.6(a)(4), whichever is later, any existing industrial user subject to the standard or determination which is currently discharging to or scheduled to discharge to or the POTW shall submit to the authority a report which contains the information set forth in subsections (1) through (7) below. At least 90 days prior to discharging into the POTW, any new industrial user, and any user that becomes a categorical industrial user by virtue of the promulgation of the new or revised categorical pretreatment standard, shall submit to the authority a report which contains the information described in subsections (1) through (7) below; provided, that new users shall give estimates of the information requested in subsections (4) and (5). New users shall also be required to include in this report information on the method of pretreatment that the user intends to use to meet the new or revised pretreatment standard.

(1) Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.

(2) Permits. The industrial user shall submit a list of any environmental control permits held by or for the facility.

(3) Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and the standard industrial classification of each operation carried out by the user. This description should include a schematic process diagram which indicates points of discharge from the regulated processes to the POTW.

(4) Flow measurement. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of its regulated process streams and from all other streams as necessary to allow use of the combined waste stream formula of 40 C.F.R. 403.6(e). The authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurement of pollutants.

(i) The industrial user shall identify the pretreatment standards applicable to each of its regulated processes.

(ii) The industrial user shall conduct, and submit the results of, sampling and analyses that identify the nature and concentration, or mass where required by an applicable pretreatment standard or by the authority, of the regulated pollutants that are in the discharge from each of its regulated processes. Both daily maximum concentrations and applicable average concentrations, or mass where required, shall be reported for each regulated pollutant. All samples shall be representative of daily operations. All sampling and analyses shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and any amendments thereto; provided, that, if 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutants in question, or where the administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutants in question, sampling and analytical procedures suggested by the authority or other parties and approved by the administrator may be used.

(iii) In conducting the sampling required by this subsection, a minimum of four grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques, or through a minimum of four grab samples where the industrial user demonstrates that this will provide a representative sample of the effluent being discharged.

(iv) In conducting the sampling required by this subsection the industrial user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.

(v) In conducting the sampling required by this subsection, samples shall be taken immediately downstream from pretreatment facilities associated with the industrial user, if any, or immediately downstream from the user's regulated processes if no pretreatment facility exists. If non-regulated wastewater is mixed with the user's regulated wastewater prior to treatment, the user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 C.F.R. 403.6(e) in order to evaluate compliance with each applicable pretreatment standard. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. 403.6(e), this alternate limit, along with supporting data, shall be submitted to the authority.

(vi) In its baseline report, the industrial user shall state the time, date and exact place of the sampling it has conducted pursuant to this subsection and the methods it used to analyze the samples, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the collection system and the POTW.

(vii) The Authority may allow the submission of a baseline report which provides a measurement of pollutants by utilizing only historical data, as long as the authority concludes that the data provide sufficient information for it to determine the need for industrial pretreatment measures.

(6) Certification. The industrial user shall submit a statement, executed by an authorized representative of the user, as defined in section 5-6-172 and certified by a qualified professional as required by 40 C.F.R. 403.12(b)(6), that it is meeting all applicable pretreatment standards and requirements on a consistent basis or, if not, that identifies the additional operation and maintenance measures and/or the additional pretreatment measures that are required in order for it to meet the standards and requirements.

(7) Compliance schedule. If additional operation and maintenance measures and/or additional pretreatment measures are required in order for an industrial user to meet any pretreatment standard, the user shall describe the shortest schedule by which it will provide and implement such additional measures. The completion date shown on such schedule shall not be later than the compliance date established for the applicable pretreatment standard.

(8) Modifications of pretreatment standards.

(i) If, at the time an industrial user's baseline report is submitted, the user's categorical pretreatment standard has been modified by a removal allowance pursuant to 40 C.F.R. 403.7, by the combined waste stream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamental different factors variance pursuant to 40 C.F.R. 403.13, the information required by subsections (6) and (7) shall pertain to the modified limits.

(ii) If, subsequent to the submission of an industrial user's baseline report, the user's categorical pretreatment standard is modified by a removal allowance pursuant to 40 C.F.R. 403.7, by the combined waste stream formula pursuant to 40 C.F.R. 403.6(e), or by a fundamentally different factors variance pursuant to 40 C.F.R. 403.13, the user shall submit to the authority all amendments to the information required by subsections (6) and (7) within 60 days after the modified limit is approved.

(9) Compliance schedule for meeting categorical pretreatment standards. The following conditions shall apply to the schedule required by this section.





(i) The schedule shall contain increments of progress in the form reported by the dates for the commencement and completion of major events leading to the construction and operation of additional operation and maintenance measures and/or additional pretreatment measures required for the industrial user to meet applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction); provided, that in no event, shall an increment referred to in this subsection exceed nine months.

(ii) The industrial user shall commit that not later than 14 days following each date set forth in the schedule and the final date for compliance, it will submit a progress report to the authority which, at a minimum, states whether it has complied with the increment of progress to be met on such date and, if not, states the date on which it expects to comply with the increment of progress, the reasons for delay, and the steps being taken to adhere in the future to the compliance schedule; provided, that in no event shall more than nine months elapse between the submission of those reports to the authority.

Sec. 5-6-162 Report on compliance with categorical pretreatment
standard deadline.

Within 90 days following the date for final compliance with an applicable categorical pretreatment standard or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any industrial user subject to the pretreatment standard and its requirements shall submit to the authority a report containing the information described in section 5-6-161(4) through (6) of this section. For industrial users subject to equivalent mass or concentration limits established by the authority in accordance with the procedures in 40 C.F.R. 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial 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.

Sec. 5-6-163 Periodic reports on continued compliance.

(a) Any industrial user that is subject to a categorical pretreatment standard shall, after the compliance date of the standard or, in the case of a new source, after commencement of its discharge into the POTW, submit each year to the authority during the month of June and during the month of December, unless required more frequently in the pretreatment standard or by the authority or the approval authority, a report stating the nature and concentration in the user's effluent of the pollutants which are limited by each pretreatment standard applicable to the user. This report shall also include a record of measured or estimated average and maximum daily flows during the reporting period for the discharge reported in section 5-6-161(4), except that the authority may require a more detailed report of the flows. At the authority’s discretion and in consideration of such factors as local high or low flow rates, holidays, budget cycles and similar factors, the authority may agree to alter the months during which the reports required by this subsection shall be submitted.





(b) Where the authority has imposed mass limitations on industrial users, as provided for by 40 C.F.R. 403.6(d), the report required by subsection (a) shall indicate the mass of pollutants regulated by the applicable pretreatment standards in the discharge from the industrial user.

(c) For industrial users subject to equivalent mass or concentration limits established by the authority in accordance with the procedures in 40 C.F.R. 403.6(c), the report required by subsection (a) shall contain a reasonable measure of the user's long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production, or other measure of operation, the report required by subsection (a) shall include the user's actual average production rate for the reporting period.

Sec. 5-6-164 Monitoring and analysis to demonstrate continued compliance.

(a) The reports required by sections 5-6-161 through 5-6-163 shall contain the results of the sampling and analysis of the discharge of the industrial user, including the flow and the nature and concentration, or production and mass where requested by the authority, of the pollutants contained in the discharge which are limited by an applicable pretreatment standard. This sampling and analysis may be performed by the authority in lieu of the user. Where the authority performs the required sampling and analysis, the user will not be required to submit the compliance certification required under 40 C.F.R. 403.12(b)(6) and 40 C.F.R. 403.12(d). In addition, where the authority itself collects the information required for a report, including flow data, the user shall not be required to submit the report.

(b) If sampling performed by an industrial user indicates a violation of any permit condition, the user shall notify the authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis, and shall submit the results of the repeat analysis to the authority within 30 days after becoming aware of the violation.

(c) The reports required by section 5-6-163 shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, and the data shall be representative of conditions occurring during the reporting period. The authority shall require monitoring as frequently as necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(d) All analyses conducted under this section shall be performed in accordance with the applicable procedures set forth in section 5-6-161.

Sec. 5-6-165 Notice of potential problems, including slug loading.

(a) In the case of any discharge, including but not limited to accidental discharges, discharges of a nonroutine, episodic nature, noncustomary batch discharges or slug loads, that may cause potential problems for the POTW, the user shall immediately telephone and notify the authority of the discharge. This notification shall include the location of the discharge, the type of waste, the concentration and volume, if known, of the waste, and the corrective actions taken by the user.

(b) Within five days following such discharge, the user shall submit a detailed written report describing the causes of the discharge and the measures to be taken by the user to prevent similar future occurrences. The authority may waive this requirement. Such notification shall not relieve the user of any expense, loss or damage (including damage to property and injury to persons); nor shall such notification relieve the user of any fines, penalties or other liabilities which may be imposed pursuant to this code.

(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 subsection (a). Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

Sec. 5-6-166 Reports of changed discharge.

(a) Each user must notify the authority, in writing, of any planned significant changes to the user’s operations or system which might alter the nature, quality or volume of its wastewater, at least thirty (30) days prior to the change.

(b) The engineer 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 5-6-141.

(c) The engineer may issue a wastewater discharge permit under section 5-6-141 et seq. or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(d) For purposes of this section, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.

Sec. 5-6-167 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit shall provide reports to the engineer as required by the engineer.

Sec. 5-6-168 Notice of violation; repeat sampling and reporting.

In the event sampling indicates a violation of any permit condition, the permittee shall notify the authority of the violation within 24 hours of first becoming aware of it, and shall repeat the sampling and analysis and submit the results of the repeat analysis to the authority within 30 days of first becoming aware of the violation; provided, that the permittee shall not be required to resample if the authority or the permittee performs sampling at the facility covered by the permit at a frequency of at least once per month, or the authority or the permittee performs sampling at the facility between the time when the permittee performs its initial sampling and the time when the permittee receives the results of this sampling.






Sec. 5-6-169 Notification of the discharge of hazardous waste.

(a) Any user who discharges hazardous waste shall notify the authority, the Environmental Protection Agency Regional Waste Management Division Director, and all Virginia hazardous waste authorities, in writing, of any discharge into the collection system or the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the Environmental Protection Agency hazardous waste number, and the type of discharge (continuous, batch or other).

(b) If the user discharges more than 100 kilograms of such waste per calendar month to the collection system or the POTW, the notification shall contain, to the extent such information is known and readily available to the user, an identification of hazardous constituents in the waste stream discharged during that calendar month, and an estimate of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notification must take place no later than 180 days after the discharge commences. Any notification under this subsection must be submitted once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under section 5-6-166. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 5-6-161 through 5-6-163.

(c) Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.3(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute wastes, as specified in 40 C.F.R. 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than 15 kilograms of the same non-acute wastes do not require additional notification.

(d) In the event that new regulations are promulgated under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the engineer, the EPA Regional Waste Management Waste Division Director and the Virginia hazardous waste authorities of the discharge of such substance within 90 days of the effective date of the regulations.

(e) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(f) This section does not create a right to discharge any substance not otherwise permitted to be discharged under a permit issued under this division or pursuant to applicable federal, state or local law.






Sec. 5-6-170 Report submission.

All written reports which are required to be submitted to the authority or engineer will be deemed to have been submitted on the date postmarked by the United States Postal Service. For any report which is not deposited, postage prepaid, into a mail facility serviced by the United State Postal Service, the date of the authority's or engineer's receipt of the report shall govern.

Sec. 5-6-171 Recordkeeping requirements.

All records which the engineer requires to be maintained by an industrial user shall be made available for copying by the administrator, the city, the approval authority and the control authority upon request. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation involving the user or the authority, or where the user has been specifically notified of a longer retention period by the authority or the engineer.

Sec. 5-6-172 Application signatories and certification.

All reports, data, product and materials information, and other information required by the authority or engineer to be maintained by users shall be submitted to the authority or engineer upon request. All reports submitted to the authority or engineer shall be signed by a representative of the user, who is authorized to make a certification on behalf of the user, and shall include the following certification:

Sec. 5-6-173 Fraudulent and false statements.

All reports and certifications required by this division are subject to the provisions of 18 U.S.C. 1001, relating to fraudulent and false statements and the provision of the Clean Air Act, 330 S.C. 1311 and 1314, relating to false statements, representation or certifications in reports required by the Act.

Sec. 5-6-174 Information requests to users; generally.

The engineer may request that a user submit information on the nature and characteristics of its wastewater. The user shall provide this information within 60 days of the request. The engineer is authorized to prepare a form for this purpose and may periodically require users to update all information which has been provided in accordance with this section.

SUBDIVISION F
Compliance Monitoring

Sec. 5-6-181 Right of entry for inspection and sampling;
compliance schedules.

(a) The approval authority, the director, the engineer and other authorized personnel of the city and the authority may inspect any user to ascertain whether the requirements of this division are being complied with. Occupants of premises where wastewater is created for discharging into, or is discharged into, the collection system or the POTW shall allow the approval authority, the director, the engineer and authorized personnel of the city and the authority access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records, or the performance of any duties imposed by this division. The approval authority, the authority and the city shall have the right to set up on the property of a user all equipment and devices necessary to conduct sampling inspections, compliance monitoring and/or metering operations. Where a user has security measures in force which require proper identification and clearance before entry onto its property, the user shall make necessary arrangements so that, upon presentation of suitable identification, the director, the engineer and other personnel from the city and authority, or the approval authority, shall be permitted to enter, without delay, for the purpose of performing an inspection or monitoring.

(b) The approval authority, the authority and the city may require that each industrial user develop a compliance schedule for the installation of technology required to meet applicable pretreatment standards and requirements.

(c) The engineer may require a user to install monitoring equipment. The user at its own expense shall maintain at all times the facility’s sampling and monitoring equipment in a safe and proper operating condition. All equipment and devices used to measure wastewater flow and quality shall be calibrated at least every six months by a qualified technician to ensure their accuracy.

(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or where sampling is to be conducted shall be promptly removed by the user at the request of the engineer and shall not be replaced. The cost of clearing such access shall be borne by the user.

(e) Unreasonable delays in allowing the engineer access to the user’s premises shall be a violation of this division.

Sec. 5-6-182 Search warrants.

If the engineer has been refused access to a building, structure or any other part of a user’s property or premises, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine division inspection and sampling program of the authority designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the engineer may seek the issuance of a search warrant from an appropriate court.

SUBDIVISION G
Administrative Enforcement Remedies

Sec. 5-6-191 Notice of violation.

A notice of violation is a written notice to a user by the engineer that the engineer has determined that the user has violated a pretreatment standard or another requirement of this division. Upon receipt of a notice of violation, the user shall inform the engineer of the reasons for the violation and the actions it intends to take to correct the violation, and shall proceed to undertake those actions and correct the violation. A notice of violation shall be sent by the engineer by certified mail, return receipt requested.

Sec. 5-6-192 Compliance meeting; compliance schedule.

(a) If, following the issuance of a notice under section 5-6-191, the user continues to violate provisions of this division, the engineer may issue a "Notice of Compliance Meeting" to the user which requires the user to attend a compliance meeting. Similarly, the engineer may require a user to attend a compliance meeting, without having first issued a notice under section 5-6-191, where the user's violations of this division are of significant magnitude or duration.

(b) Attendance at the compliance meeting is mandatory for the user, and failure to attend may result in an order for a show cause hearing or the filing of an action by the authority seeking remedies that are provided by this division and applicable federal, state and local laws.

(c) At the compliance meeting, the engineer may establish such procedures, investigations and studies as are deemed necessary to determine the cause of such violations and the actions that are required to correct them.

(d) At the compliance meeting, the engineer also may establish a compliance schedule that defines the actions to be taken by the user to determine the cause of the violations, or the actions that are to be taken to correct the violations, and the dates by which the actions are to be taken. A compliance schedule may be issued alone or may be incorporated into the user's wastewater discharge permit, an administrative order or another document. Failure to comply with the terms of the compliance schedule shall constitute a separate violation of this division, and may result in an order for a show cause hearing or the institution of a judicial action under subdivision H.

Sec. 5-6-193 Appearance before the authority.

(a) If a user fails to comply with the terms of a compliance schedule, or otherwise violates the provisions of this division, the engineer may issue a written “Appearance Before the Authority” notice that requires the user to attend a regular or special meeting of the authority to enable the authority to review and investigate the failure, as well as the user's noncompliance which gave rise to the compliance schedule.

(b) A notice issued by the engineer under subsection (a) is separate from, and may be issued independently of an administrative order issued under section 5-6-194 or an order to show cause issued under section 5-6-195. An appearance before the authority under this section is not a condition precedent for other enforcement action by the engineer or authority

(c) Failure of a user to appear before the authority as required by a notice issued under subsection (a) shall constitute a separate violation of this division, and may result in the institution of other administrative remedies under this subdivision or the institution of judicial actions under subdivision H.

Sec. 5-6-194 Administrative order.

(a) The authority may issue an administrative order to a user which has failed to comply with one or more of the terms of a compliance schedule issued under section 5-6-192. The order shall require that the user come into compliance with the compliance schedule within a specified period of time.

(b) In conjunction with the issuance of any administrative order, the authority may assess a charge against the user equal to the actual costs incurred by the authority in the course of investigating the user, determining its violations, and issuing the order.

(c) Failure of a user to comply with an administrative order issued under subsection (a) shall constitute a separate violation of this division, and may result in the institution of other administrative remedies under this subdivision or the institution of judicial actions under subdivision H.

Sec. 5-6-195 Order to show cause; show cause hearing.

(a) Notwithstanding any other provision in this subdivision, the authority may issue an order to any user which causes or allows an unauthorized discharge or otherwise violates this division that requires the user to show cause at a hearing before the authority why the authority should not revoke the user's permit or take other enforcement action against it. The order shall specify the date, time and place of the hearing.

(b) The order shall describe the user's noncompliance with its permit or with this division, shall state the action that the authority proposes the user to undertake to remedy its noncompliance, and shall direct the user to show cause before the authority why such action should not be taken.

(c) The authority shall cause the order to show cause to be mailed to the user by certified mail, return receipt requested.

(d) Following the show cause hearing, the authority may take such action as it deems appropriate, including but not limited to revocation of the user's permit, issuance of a written order that discharges be ceased immediately or after a specified period of time, and the initiation of one or more judicial actions under subdivision H.

Sec. 5-6-196 Termination of service; revocation of permits.

(a) Notwithstanding any other provision in this subdivision, if the engineer determines that a user's violation of any discharge limitations or standards or other requirements imposed on it by this division, or by a permit issued pursuant to this division, endangers the public health, presents an endangerment to the environment, interferes with the operation of the POTW or causes the authority to be in violation of its NPDES permit or any state permit issued to regulate the treatment of wastewater or the treatment or application of sludge, then the authority may, after providing notice to the user and an opportunity to rebut the engineer's determination, suspend wastewater treatment service, including collection and treatment services, to the user.

(b) Notwithstanding any other provision in this subdivision, if the authority determines that a user's continued discharge into the collection system and the POTW will violate this division, federal, state or local law, or regulations and requirements issue pursuant to such law, then the authority, after providing notice to the user and an opportunity to rebut its determination, may revoke any permits issued to the user under the provisions of this article.

Sec. 5-6-197 Emergency suspensions.

(a) The engineer may immediately suspend a user’s authorization to discharge into the POTW, after 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 any person.

(b) The engineer may immediately suspend a user’s authorization to discharge into the POTW, after notice to the user and an opportunity to respond, if the user's discharge threatens to interfere with the operation of the POTW, or presents, or may present, a non-imminent substantial endangerment to the environment.

(c) Any user notified of a suspension of its authorization to discharge shall immediately stop or eliminate its discharging. In the event of a user’s failure to immediately comply with a suspension order, the engineer may take such steps and measures as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream, or endangerment to any individuals. Except where a notice of termination under section 5-6-196 has been instituted against the user, the engineer may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the engineer, that the grounds for the suspension order have been eliminated.






(d) A user that is responsible, in whole or in part, for a discharge that presents imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the engineer, prior to the date of any show cause or other hearing under this subdivision.
SUBDIVISION H
Judicial Enforcement Remedies

Sec. 5-6-201 Criminal penalties.

(a) The owner and the operator of any user which has violated any provision of this division, of a wastewater discharge permit, or of an order issued under this division, or any other pretreatment standard or requirement shall, upon conviction thereof, be punished by a fine of not more than $1,000 per day for each violation or be imprisoned for up to 60 days for each violation, or both. Where a monthly or other long-term average discharge limit has been violated, each day during the applicable monthly or other long-term period shall constitute a separate violation. Also, violations of different provisions of this division, of a discharge permit, or of an order, and violations of different requirements of a pretreatment standard, shall constitute separate violations.

(b) In addition to the criminal penalty provided in subsection (a), the city and the authority may commence an action against the owner and the operator in the Circuit Court of City of Alexandria for appropriate legal or equitable relief, including but not limited to injunctive under section 5-6-203 and monetary damages.

Sec. 5-6-202 Civil penalties.

(a) The owner and the operator of any user which has violated any provision of this division, of a wastewater discharge permit, or of an order issued hereunder, or any other pretreatment standard or requirement shall, in lieu of any criminal penalty, be liable for a civil penalty of up to $1,000 for each violation. An action seeking civil penalties may be filed by the city or the authority in the Circuit Court for the City of Alexandria. Where a monthly or other long-term average discharge limit has been violated, each day during the applicable monthly or other long-term period shall constitute a separate violation. Also, violations of different provisions of this division, of a discharge permit, or of an order, and violations of different requirements of a pretreatment standard, shall constitute separate violations.

(b) In determining the amount of the civil penalty to be assessed, 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, the economic benefit gained by the user through its violation, the corrective actions taken by the user, the compliance history of the user, and any other factor as justice may require.

(c) In addition to the civil penalty provided in subsection (a), the city and the authority may commence an action against the owner and the operator in the Circuit Court of City of Alexandria for appropriate legal or equitable relief, including but not limited to injunctive under section 5-6-203 and monetary damages.

(d) The filing of a suit for civil penalties shall not be a prerequisite for taking or initiating any other enforcement action against a user; nor shall it be a bar against an action for injunctive relief under section 5-6-203.

Sec. 5-6-203 Injunctive relief.

When the director or the engineer determines that a user has violated, or continues to violate, any provision of this division, of a wastewater discharge permit, or of an order issued pursuant to this division, or any pretreatment standard or requirement, the city or the authority may petition the Circuit Court for the City of Alexandria for issuance of a temporary or permanent injunction, as appropriate, which restrains the owner and operator of the user, or compels the owner and operator to come into compliance with the provisions of this division, the user's wastewater discharge permit, the order issued to the user, or the other pretreatment standards or requirements, as the case may be, which the user has violated. The city and the authority may also seek appropriate legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A request for injunctive relief shall not be a bar against, or a prerequisite for, the taking of any other enforcement action against a user.

Sec. 5-6-204 Remedies not exclusive.

The remedies provided for in this division are not exclusive. The city and the authority, and their authorized personnel, may take any other available enforcement actions against a noncompliant user.
SUBDIVISION I
Fees and Charges

Sec. 5-6-211 Fees and charges; meters.

(a) An industrial user seeking a wastewater discharge permit shall pay an application fee of $100 before its application will be processed.

(b) The holder of a wastewater discharge permit shall pay a fee to the authority to offset the authority's costs in administering the wastewater discharge permit system. The fee shall be $500 for each year of the term of the permit. The fee shall be paid in full prior to the issuance of the permit. A fee of $100 shall be assessed for any revisions to a discharge permit.

(c) Each industrial user shall pay the chemical and biological monitoring costs actually incurred by the authority as required by the user's permit. Payment of these costs shall be made within 30 days of written notice by the authority.

(d) Sewer use charges may be established by city council by resolution. Such charges shall be assessed against users and shall be based on wastewater volume and strength, as determined by metering, sampling and laboratory analysis of user discharges into the POTW. For purposes of this subsection:

(i) The volume of wastewater discharged by a user into the POTW shall be based on the metered water consumption of the user, as shown in records maintained by Virginia American Water Company (“VAWC”). However, if a user which purchases water from VAWC considers that significant quantities of that water are not being discharged into the POTW, the user may request that the billings be based upon metered wastewater quantities. If the user's request is approved by the authority, the user may then provide and maintain, at its own expense, a meter acceptable to the authority for measurement of the quantities of wastewater discharged. The meter shall be accessible for inspection by the authority at all times and shall be maintained to produce an accurate record of the true quantities of wastewater discharged.

(ii) Whenever a user obtains any part of its water supply from sources other than VAWC, the user shall provide and maintain wastewater meters which will produce an accurate record of the true quantities of wastewater discharged into the POTW. However, in lieu of a wastewater meter, a user may utilize a water meter on its input water line if approved by the authority, in which case the readings from that meter shall be used to calculate the volume of wastewater flow that is to be used in computing charges.

(iii) No user may utilize an internal water meter to meter a portion of its total water use that either is or is not ultimately tributary to the sewer system as an alternative to a wastewater meter.

(e) All costs of meter installation, calibration and maintenance shall be borne by the user. The type of meter used by a user shall be acceptable to the authority. Meters shall be accessible at all times for inspection by the authority.

(f) In addition to the fees and charges established by or pursuant to this section, city council may, by resolution, establish and adjust other fees and charges to recover the costs that are incurred in the administration of this division.
(g) Fees and charges established pursuant to this section shall not preclude any other fees or charges established pursuant to or under other sections of this code.

Sec. 5-6-212 Attorneys' fees and costs; referrals.

(a) The city and the authority may recover reasonable attorneys' fees, court costs and other expenses associated with an enforcement activity that is taken under this division, including sampling and monitoring expenses.

(b) The engineer will refer any suspicious circumstances which may require an investigation to the city attorney. All criminal investigations will be referred to the commonwealth’s attorney.
Subdivision J
Miscellaneous Provisions

Sec. 5-6-221 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 authority’s 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 authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable law. Any such request for confidentiality must be asserted at the time the user submits the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portion 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 the request of governmental agencies for uses related to the NPDES program or pretreatment program, and enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 C.F.R. 2.302 will not be recognized as confidential information and will be available to the public without restriction.

Sec. 5-6-222 Annual notice of significant noncompliance.

The engineer shall publish at least annually, in the largest local daily newspaper, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements imposed by this division. A user shall, for purposes of this section, be in significant noncompliance for any of the following reasons:

(1) chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or, where applicable, the average limit for the same pollutant parameters;

(2) technical review criteria (“TRC”) violations, defined as those in which 33 percent or more of the measurements for any pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or, where applicable, the average limit times the applicable TRC, where the TRC is 1.4 for conventional pollutants and for all other pollutants, except pH, is 1.2;

(3) any other violation of a pretreatment effluent limit, whether daily maximum or long-term average, that the authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the general public or authority personnel;

(4) any discharge of one or more pollutants that has caused imminent danger to human health, welfare or the environment or has resulted in the authority's exercise of its emergency authority under 40 C.F.R. 403.8(f)(1)(vi)(B) to halt or prevent such discharge;

(5) failure to meet, within 90 days after the scheduled date, a compliance milestone, contained in a wastewater discharge permit or an enforcement order, for starting construction or attaining final compliance;

(6) failure to provide, within 30 days after its due date, any report required by this ordinance, such as a baseline monitoring report, a 90-day compliance report, a periodic self-monitoring report, or a report on compliance with a compliance schedule;

(7) failure to report noncompliance in a timely and accurate manner; and

(8) any violation or group of violations of this division that the authority determines has or will adversely affect the operation or implementation of the local pretreatment program.


Sec. 5-6-223 Severability.

In the case of an inconsistency or conflict between a provision in this division and a provision set out elsewhere in this code, the provision of this division shall control.

Section 3. That the effective date of this ordinance shall be May 1, 1999.

KERRY J. DONLEY
Mayor

Introduction: 3/12/99
First Reading: 3/12/99
Publication: 3/10/99; 3/11/99; 3/16/99; 3/17/99; 3/18/99
Public Hearing: 3/23/99
Second Reading: 3/23/99
Final Passage: 3/23/99
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OTHER

28. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated March 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 3/23/99, and is incorporated herewith as part of this record by reference.)

Council Member Rich suggested that Council eliminate some of its budget work sessions.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council (1) scheduled a work session on Tuesday, April 27, 1999, at 6:00 p.m. on the After School Drop-in Program in the Council Workroom, before Council's regular legislative meeting; (2) scheduled a work session on Potomac Yard on Thursday, May 6, at 7:30 p.m. at a location to be determined; (3) scheduled the Economic Summit on Saturday, June 5, with registration and continental breakfast at 8:00 a.m., and the program from 8:30 a.m. to noon at the Sheraton Suites, located at 801 North St. Asaph Street; and (4) added to the Council Calendar: Friday, April 30, Alexandria's Birthday Cake Party from 7:00 p.m. to 10:00 p.m. at the Holiday Inn Hotel and Suites, 625 First Street; Wednesday, May 5, Pride of Baltimore II Ship Arrival Ceremony at noon at the T Dock at Founder's Park; Friday, May 7, party honoring the crew of the Pride of Baltimore II, from 5:00 p.m. to 7:00 p.m. at the Old Dominion Boat Club; and Saturday, July 10, premier of the musical piece commissioned for the celebration of Alexandria's 250th anniversary at 3:00 p.m. at the Lyceum. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"


CONTESTED APPOINTMENTS

29. Alexandria Board of Zoning Appeals
1 Citizen Member

(The following persons volunteered for appointment to the above Board:)

NAME ENDORSED BY:

Mark Allen

Paul Brockway

Michael Caison

Ashley Chappell

David Fritz

Brian Grenadier

David Hill

Ellen McCarthy

James O'Sullivan
* * * * *

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 3/23/99, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: there had to be a second balloting among Mark Allen, Brian Grenadier and James O'Sullivan since they each received two votes. The voting was as follows:

Donley - O'Sullivan
Euille - Caison
Cleveland - Allen
Pepper - O'Sullivan
Rich - Grenadier
Speck - Grenadier
Walker - Allen
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Whereupon, ballots were again distributed, tellers were again appointed and the ballots again tallied with the following result: City Council appointed Mark Allen as a Citizen Member to the Alexandria Board of Zoning Appeals. The voting was as follows:

Donley - Allen
Euille - Allen
Cleveland - Allen
Pepper - O'Sullivan
Rich - Grenadier
Speck - Grenadier
Walker - Allen
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EXECUTIVE SESSION

30. Consideration of Convening of an Executive Session to Consult with Legal Counsel Pertaining to Pending Litigation that Involves the City of Alexandria, Pursuant to Virginia Code § 2.1-344(A)(7).

It was noted that it was not necessary to have an executive session.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, at 10:25 p.m., upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, the Regular Meeting of Tuesday, March 23, 1999, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
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APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk





The Meeting was adjourned 10:25 p.m.

This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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Public Notice

There will be a City Council Work Session on the Proposed Budget on Wednesday, March 24, 1999, at 7:30 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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