Loading...
HomeMy WebLinkAbout17-01 CommentsREQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn. Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540)984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: ED -J&1 rJ TE4 VA- rl)C, M - clyup-lentil F4fONE ; i5iqo --44�,-t -a � ?((C)77 (Pq : 54U -&V7 - ZZ-4;?o Name of development and/or description of the request: K-0 WFAWAAWMI •vim' T> L = `-tL4 — A Ry 0o ^-,47 15 n of ''14.4 cl Va. Dept. of Transportation Comments: The application for a conditional use permit for this property appears to have little measurable impact on Route 661, the VDOT facility which would provide access to the property. Prior to operation of ttie business a commercial entrance must be constructed o our mi.nunm standarcis to aliow tor sae egress Md ingress of the property. AM work perforfir-d —1 tile St8te's right! Of WdY ff"st be effVered t"4e land use permit- The permit is issued by this nffi rP and rPrrii res an inspection fee and surety bond coverage. Thank you for alowing us the opportunity to comment. VDOT Signature and Date: Transportation Engineer 09/07/0 (NOTICE TO RESIDENT ENGINEER*PLEASE RE THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Rent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of Z 7 rJ/ 5 --(r�fc�-2 - �T �d p I c7 fes'• -5 `t0 _-& LP7 - ZZ I-0 development and/or description of the request: L f) y7e- Location: Inspection Department Comments: No change of use permit required for h, (Business) use in this structure. Please contact our office if renovations are to occurr for permit requirements. Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE T NOTICE TO APPLICANT f It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. t REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Rent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, lst floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: M_ 12-111 P � SZE�—t2ce`? r q 3c7 o X i �� F 40 - te&-7 -- 22G,0 Name of development and/or description of the request: i OFA t;-�)() 094E� � Location: A - --�. QUOTE &;& L� - 4-/'v -2-9� Fire Marshal Comments: Fire Marshal Signature & Date nL,\� (NOTICE TO FIRE MARSHAL - PLEASE RETURN T14S FORM TO APPLICANT. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information: Field 1: COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. CUPO1-0018 Date Received 9/6/01 Date Reviewed 9/10/01 Applicant Triad Engineering Address P.O.BOX 2397 Winchester, Va. 22601 Project Name Shalom et Benedictus Phone No. 540-667-9300 Type of Application Conditional Use Current Zoning 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 44-A-294 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not Identified XX Fire Lanes Required Yes XX No Comments : Emergency vehicle access maintained per NFPA 299, 12 ft. width 14.5 ft verticle. Access to normal & emergency building ingress & e_gress, Lmints. Roa way Aisleway Widths Adequate Inadequate Not Identified XX Special Hazards Noted Yes XX No Comments : Maintenance of existing Fire Sprinkler system and current recall procedures for existing sprinkler heads. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title he 7 CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 September 11, 2001 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County Dear Mr. Wyatt: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984-5607 The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Sincerely, Steven A. Melnikoff Transportation Engineer SAM/rf AttachmentIVSD, xc: Mr. Dave Heironimus Mr. Steve Gyurisin Si P 1 ?, 2001 '711T OF PLAINNING/CF.,VELOPM Ir' WE KEEP VIRGINIA MOVING -5.ho4-(� S/-Ze c) 'C` Cv/uer-71 o,t TO IZ-IG (Den 5TON 0 u hl �X�er7d Cu/ver" �p dna a4�r rad Shaw R�!-✓ ,! .'.-� � M ZTIS 7Z9 tc� _ S/GHT �/ST�n/CE gip` e�zas5 /�L A n./ V/ � W EP .. / Y ATE. PaU�mCf.n7'- �E.Siq/7 l9sPjh- lT -'1 Z �!N I�•5 h'A L F 7JY,o/C�1 � :5� C 7T/ (3 Al ,E�/T�Ati'CE 11 Memorandum T o: Evan Wyatt, Director From: Stephen Gyurisin Date: 09/07/01 Subject: CUP - Jordan Springs - County Court Reporters The regulatory review agency for the Jordan Springs ( County Court Reports ) CUP is the Department of Environmental Quality (DEQ). Attached you will find a copy of the applicable permit. Permit Number. VA0029653 Should you have any specific questions regarding the permit you may call Mr. Keith Fowler with DEQ at 540-574-7812. 09/U-t/Uj 1K! ASL:'lZ d119A :D44D4.b4:Dffi4lb d%'Ad+Qd ffidil['ribonvur'K wjvvv .. COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictue, Inc. Facility Name: Shalom et Benedictus STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. rector, Dep*tmenE of Environmental Quality an e /6, ('12 /1'7 Date Pemt %. VA002- Page 1 of 8 PART 1 A. INTERIM D711 M LIMITATIN AND MINITCRIrG REOJIREMENIS 1. D ring the period beginning with the permit's effective date and lasting until the cmmffumE rt of discharge fron the Waded facility in accordance with the Schedule of Corpliarce in Part I.C., the permittee is authorized to discharge frau outfall serial wter 001. && discharges shall be limited and nmitored by the perOttee as specified below, EFFLLENT CIA CTERISTICS DISGW LIMITATI Marthly Average Ne*ly Average Flow (KB)= N_ 41 pH (standard units) NA NA 30 nu/1 0.8 kg/d 45 rtg/l 1.2 kg/d &LWided Solids 78 rr3/1 2.1 kg/d 117 ng/1 3,1 kg/d Total Residial Chlorine (TAG) (rrg/1)' NA NA NL - No Limitation, rmnitoring required NA a Not AMI icable 2. The design flow of this treatmaht facility is 0.007 MD. 3. See Part I.B. for TRC limitations. 4. There shall be no discharge of floating solids or visible foam in other than trace wants, LlF, .. 11 �rl , - NA N_ 1/Day Estirmte 6.5 9.5 1/Day Crab NA NA IM31th Grab NA N4 1/ht31th Grab NA NA 1/Dy Grab a a NL - Permit No. VA0029653 CD Page 2 of 8 0 o PART I A. FiNAL UTUkNT LIMITATIOS AMU MONITORiNG FdMIREVM 1. Ljw mmmamit of discharge from the upgraded facility, the following effluent limitatiois and nwitoring requirererts shall bernre effective at outfall serial nnber 001 and renin in Affect until the r- permit's e)piration date. N Such discharges shall be limited and nwitored by the permittee as specified belay. ffFLLENT CHARACTERISTICS DIS4iAPGE LIMITATIONS KINIT(RIN3 AEWIRfMf n =IV Average Weekly Average ni MW F Satnli TweCIO 0 W Flow (Mid)' N- NA NA NL 1/D4y Estimate co pH (standard units) NA NA 6.5 9.5 1/Otey Grab CKD, (AM - November) 16 W 0.42 kg/d 24 mg/l 0.64 kg/d NA NA 1/Mtnth Grab 03A (Decerber - Fay) 25 mg/l 0.65 kg/d 40 ng/1 1.06 kg/d NA NA 14tnth Grab suspended Solids 30 mg/l 0.8 kg/d 45 m3/1 1.2 kg/d NA NA 14bnth Grab y �s Total Residual Chlorine (TRG) (ng/1)' NA N4 NA NA I/Day Grab CL Amm1a-N (June - Noverber)' 1.B ng/l 0.05 kg/d NA NA 1.6 hug/l 0.05 kg/d 1/Mtrrth Grab x Arrronia-N (Decerber - May)' 2.9 ng/l 0.08 kg/d N4 NA 2.9 mg/l 0.08 kg/d lftrth Grab w Dissolved Dhpgen (ng/1) NA N4 5.0 N4 1/Day Grab o No Linntation, monitoring required NA - Not Applicable 00 2. The design flog of this treatnant facility is 0,001 MD. 3. See Part I.B. for TRO limitations, 4. See Part I.D. for additional nmitoring instructions. S. There shall be no discharge of floating solids or visible foam in other than trace armrnts, 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg , .:rmit No. VA0029653 Pall I Page 3 of 8 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOTAL P.ES� U ru�n� r� ;TD r) _ A TITI iTT()V A i nUCTg r rrTlnlvS a. No more than 3 of all samples for TRC taken after the chlorine contact tank and prior to dechlorination shall be less than 1.0 mg/1 for any one calendar month. b. No TRC sample collected prior to dechlorination shall be less than 0.6 mg/l. C. These TRC concentrations may be lowered where the permittee has demonstrated adequate disinfection. 2. The TRC concentration in the final effluent after dechlorination from this facility shall be non-detectable. This TRC concentration shall be measured using one of the following procedures: a. DPD Titration b. DPD Colorimetric C. Iodate Back Titration (Starch) d. Amperometric Direct Titration e. Any proven and EPA accepted method that can reach an equal level of detection. 3. When the TRC concentration in the final effluent results in a detectable measurement, the permittee shall take immediate steps to achieve a non-detectable TRC concentration. Where the TRC concentration is within the limit of B.4., the permittee shall also take up to two additional grab samples within one hour of the original sample. The first of these additional samples shall be taken within 45 minutes after the original sample. Should. this TRC sample measurement indicate a non-detectable concentration, then the original sample shall be considered as being in compliance with the penalit limit in B.2. Should this TRC sample measurement indicate a detectable concentration within the limit of B.4., then a second additional sample shall be taken within 15 minutes after the first additional sample, but within one hour of the original sample. If the second of these additional sample measurements indicates a non-detectable TRC concentration, then the original and the first additional sample shall be considered as being in compliance with the permit limitation in B.2. Should this second additional sample measurement indicate a detectable TRC concentration, then the original sample will be considered as exceeding the permit limitation in B.2. Should more than one sample be collected, only the original sample shall be considered for permit violation. The permittee shall report all results of the above monitoring scheme with the monthly Discharge Monitoring Report (DMR). 4. The instantaneous maximum TRC concentration in the final effluent shall not exceed 1.0 mg/l. 09/07/01 FRI 11:43 FAX 5404345841 Triad Harrisonburg 19jUUb ermit No. VA0029653 Part I Page 4 of 8 5. The permittee shall operate the dechlorination facilities in a manner which will ensure continuous compliance with the TRC concentration in B.2., but not to the extent that will result in violations of other permitted effluent characteristics or the Water Quality Standards. 6. If an alternative to chlorination as a disinfection method is chosen, the Fecal Coliform parameter shall be limited and monitored by the permittee as specified below: Discharge Limitations Monitoring Requirements Monthly Avg, FrequenSample Type Fecal Coliform 200 l/Week Grab (n/100 ml) (Geometric Mean) Between 10 am. and 4 p.m. The above requirements, if applicable, shall substitute for the TRC requirements delineated in B.1-4. U�j/ u / U1 PKI a.A. ru .x a'rem ai aatud 11 osa n b4uyu. qua t5 Lyj aou .;rmit No. VA0029653 Part I Page 5 of 8 C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the final limits and monitoring requirements specified in Part I.A., Page 2, of this permit in accordance with the following schedule: 1. Submit proposed plan for Within 90 days after the effective date of this achievement of compliance permit 2. Report of progress By January 10, 1998, and quarterly thereafter (by the tenth of January, April, July, and October) until compliance with Item 3. 3. Achieve compliance with final Within 4 years after the effective date of this limits permit No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the DEQ Valley Regional Office either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. ioz�i aa.i va ai.0 a..a. � ♦r. -u .. v:, u.., y.r AZA -- .........e,.r......... W.v w", .. .. .. ermit No. VA0029653 Part I Page 6 of 8 D. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR TOXIC POLLUTANTS - ADDITIONAL INSTRUCTIONS 1. The Quantification Level for Ammonia -N shall be 0.2 mg/l. 2. Compliance a. Monthly Average Limit Compliance with the monthly average limitations for Ammonia -N shall be determined as follows: All data below the specified quantification level (QL) shall be treated as zero. All data equal to or above the QL shalI be treated as it is reported. An arithmetic average shall be calculated using all reported data, including the defined zeros. This arithmetic average shall be reported on the DMR and compared to the monthly average limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit. b. Daily Maximum Limit Compliance with the daily maximum limitations for Ammonia -N shall be determined as follows: The highest single value of data that is equal to or above the QL shall be reported on the DMR and compared to the daily maximum limit for determination of compliance. If all data are less than the QL, an "NQ" shall be reported on the DMR. "NQ" means not quantifiable at the level required by this permit 8 tntn an b .ru ay a�a n b a y� ren -nit No. VA0029653 Part I Page 7 of 8 E. OTHER REQUIREMENTS AND SPECIAL CONDITIONS 1. 95% Capacity Reopener -- A written notice and a plan of action for ensuring continued compliance with the terms of this permit shall be submitted to: Department of Environmental Quality Valley Regional Office P.O. Box 1129 Harrisonburg, Virginia 22801 when the monthly average flow influent to the sewage treatment plant reaches 95 percent of the design capacity authorized in this permit for each month of any three consecutive month period. The written notice shall be submitted within 30 days and the plan of action shall be received at the Valley Regional Office no later than 90 days from the third consecutive month for which the flow reached 95 percent of the design capacity. The plan shall include the necessary steps and a prompt schedule of implementation for controlling any current or reasonably anticipated problem resulting from high influent flows. Failure to submit an adequate plan in a timely manner shall be deemed a violation of this permit. 2. Indirect Dischargers -- The permittee shall provide adequate notice to DEQ, Valley Regional Office, of the following: a. Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Section 301 or 306 of the Clean Water Act and the State Water Control Law if it were directly discharging those pollutants; and b. Any substantial change in the volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of this permit. Adequate notice shall include information on 1) the quality and quantity of effluent introduced into the treatment works, and 2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment works. 3. CTC, CTO, O & M Manual Requirements -- The permittee, in accordance with the Sewerage Regulations, shall obtain a Certificate to Construct (CTC) and a Certificate to Operate (CTO) from the DEQ prior to constructing wastewater treatment facilities and operating the facilities respectively. 09/07/01 FRI 11:44 FAX 5404345841 Triad Harrisonburg I-crmit No. VA0029653 Part I Page 8 of 8 Prior to the completion of construction, the permittee shall submit for approval a revised f)noratinnc anrd Maintenance tO & M) Manual to the Valley Regional Office. Also, any significant changes to the facilities must be addressed by the submittal of a revised 0 & M Manual within 90 days of the changes. Noncompliance with the CTC, CTO, or 0 & M Manual shall be deemed a violation of the permit. 4. Licensed Operator Requirement — No later than the discharge date of the upgraded facility, the permittee shall employ or contract for this facility a Class IV operator whose wastewater license is current and valid. The license shall be issued in accordance with Title 54.1 of the code of virginia and the regulations of the Board for Waterworks and Wastewater Works Operators. The permittee shall notify DEQ -Valley Regional Office in writing whenever he is not complying, or has grounds for anticipating he will not comply with the requirement. the notification shall include a statement of reasons and a prompt schedule for achieving compliance. 5. SMP Requirement -- The permittee shall conduct all biosolids use and disposal activities in accordance with the approved Sludge Management Plan. Any proposed changes in the biosolids use and disposal practices or procedures followed by the permittee shall be documented and submitted for DEQ and Virginia Department of Health approval 90 days prior to the effective date of the changes. Upon approval of the submitted changes, the revised Sludge Management Plan becomes an enforceable part of the permit. 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg Mull Perm. .1o. VA0029653 Part II Page 1 of 11 CONDITIONS APPLICABLE TO ALL VPDES PERMITS I. Samples and measurements taken as required by this permit shall be representative of the monitored activity. 2. Monitoring shall be conducted according to procedures approved under Title 40 Code of Federal Regulations Part 136 or alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures have been specified in this permit. 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals that will insure accuracy of measurements. Records of monitoring information shall include: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) and time(s) analyses were performed; d. The individua(s) who performed the analyses; C. The analytical techniques or methods used, and £ The results of such analyses. 2. Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee, or as requested by the Board. C. RRporting Monitoring -Results The permittee shall submit the results of the monitoring required by this permit not later than the 10th day of the month after monitoring takes place, unless another reporting schedule is specified elsewhere in this permit. Monitoring results shall be submitted to: 09/07/01 FRI 11:45 FAX 5404345841 Triad Harrisonburg C ulz E Perm. No. VA0029653 Part II Page 2 of 11 Department of Environmental Quality Valley Regional Office 4411 Early Road P.O. Box 1129 Harrisonburg, Virginia 22801 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, approved or specified by the Department. 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than required by this permit using test procedures approved under Title 40 of the Code of Federal Regulations Part 136 or using other test procedures approved by the U.S. Environmental Protection Agency or using procedures specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Department. 4. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. The permittee shall fiunish to the Department, within a reasonable time, any information which the Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Board may require the permittee to furnish, upon request, such plans, specifications, and other pertinent information as may be necessary to determine the effect of the wastes from his discharge on the quality of State waters, or such other information as may be necessary to accomplish the purposes of the State Water Control Law. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. F. Unauthorized Discharges Except in compliance with this permit, or another permit issued by the Board, it shall be unlawful for any person to: 1. Discharge into State waters sewage, industrial wastes, other wastes, or any noxious or deleterious substances; or 09/07/01 NKl 11:46 tNAA b40434b841 'ir1aa narrlsonourg LY -j Via Perm._ .4o. VA0029653 Part II Page 3 of I 1 2. Otherwise alter the physical, chemical or biological properties of such State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation, or for other uses. G. Reports of Unauthorized Discharges Any permittee who discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or deleterious substance into or upon State waters in violation of Part II.F.; or who discharges or causes or allows a discharge that may reasonably be expected to enter State waters in violation of Part II.F., shall notify the Department of the discharge immediately upon discovery of the discharge, but in no case later than 24 hours after said discovery. A written report of the unauthorized discharge shall be submitted to the Department, within five days of discovery of the discharge. The written report shall contain: 1. A description of the nature and location of the discharge; 2. The cause of the discharge; 3. The date on which the discharge occurred; 4. The Iength of time that the discharge continued; 5. The volume of the discharge; 6. If the discharge is continuing, how long it is expected to continue; 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge or any future discharges not authorized by this permit. Discharges reportable to the Department under the immediate reporting requirements of other regulations are exempted from this requirement. H. Reports of Unusual or Extraordinary Discharges If any unusual or extraordinary discharge including a bypass or upset should occur from a treatment works and the discharge enters or could be expected to enter State waters, the permittee shall promptly notify, in no case later than 24 hours, the Department by telephone after the discovery of the discharge. This notification shall provide all available details of the incidcnt, including any adverse affects on aquatic life and the known number of fish killed. The permittee shall reduce the report to writing and shall submit it to the Department within five days of discovery of the discharge in accordance with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge resulting from: 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 2. Breakdown of processing or accessory equipment; ii i UI/ Vi kXI 11; ib n !AA argUr, ajro:ldrft!-s-rl-R Lu i1 i1.P'I"1 Soil V Ui'K qJ V1� Perna. No. VA0029653 Part II Page 4 of 11 3. Failure or taking out of service some or all of the treatment works; and 4. Flooding or other acts of nature. I. goorts of Noncompliance The permittee shall report any noncompliance which may adversely affect State waters or may endanger public health. 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which shall be reported within 24 hours under this paragraph: a. Any unanticipated bypass; and b. Any upset which causes a discharge to surface waters. 2. A written report shall be submitted within 5 days and shall contain: a. A description of the noncompliance and its cause; b_ The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and C. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Board may waive the written report on a case-by-case basis for reports of noncompliance under Part II.I. if the oral report has been received within 24 hours and no adverse impact on State waters has been reported. 3. The permittee shall report all instances of noncompliance not reported under Parts ILIA. or 2., in writing, at the time the next monitoring reports are submitted. The reports shall contain the information listed in Part II.I.2. NOTE: The immediate (within 24 hours) reports required in Parts II. G, H and I may be made to the Department's Valley Regional Office at (540) 574-7800 or (540) 574-7878 (fax). For reports outside normal working hours, leave a message and this shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department of Emergency Services maintains a 24 hour telephone service at 1-800468-8892. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: U4/U!/UI ?X! 11-.4i MA ar�U4j4ab4i 'Irlaa narrisonourg Culp Perm: ,o. VA0029653 Part H Page 5 of l l a. The permittee plans alteration or addition to any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (1) After promulgation of standards of performance under Section 306 of the Clean Water Act which are applicable to such source; or (2) After proposal of standards of performance in accordance with Section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal; b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged_ This notification applies to pollutants which are subject neither to effluent limitations nor to notification requirements specified elsewhere in this permit; or C. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 2. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 1. Applications_ All permit applications shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or 09/07/01 FRI 11:47 FAX 5404345841 Triad Harrisonburg tftjuib Pen,.,t No. VA0029653 Part H Page 6 of 11 b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a public agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency. 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be signed by a person described in Part ILK. L, or by a duly authorized representative of that person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described in Part U.K. L; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and C. The written authorization is submitted to the Department. Changes to authorization. If an authorization under Part 11K.2. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Part H.K.2. shall be submitted to the Department prior to or together with any reports, or information to be signed by an authorized representativc. 4. Certification. Any person signing a document under Parts U.K. 1. or 2. shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information subnutted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 09/07/01 FRI 11:47 FA -K 5404345841 'rrlact Harrisonourg Wj ulI Pen,..c No. VA0029653 Part II Page 7 of 11 significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the State Water Control Law and the Clean Water Act, except that noncompliance with certain provisions of this permit may constitute a violation of the State Water Control Law but not the Clean Water Act. Permit noncompliance is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under Section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not yet been modified to incorporate the requirement. M. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. All permittees with a currently effective permit shall submit a new application at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Board. The Board shall not grant permission for applications to be submitted later than the expiration date of the existing permit. N. Effect of a Permit This permit does not convey any property rights in either real or personal property or any exclusive privileges, nor does it authorize any injury to private property or invasion of personal rights, or any infiingement of Federal, State or local law or regulations. 0. State Law Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any other State law or regulation or under authority preserved by Section 510 of the Clean Water Act. Except as provided in permit conditions on "bypassing" (Part H.U.), and "upset" (Part II.V.) nothing in this permit shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. 09/07/01 FRI 11:48 FAX 5404345841 P. M 91 S. T. Oil and Hazardous Substance Liability Triad Harrisonburg qJvlo Perm.. No. VA0029653 Part II Page 8 of 11 Nothing in this permit shall be construed to preclude the institution of any Iegal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law. P 61. �. V1 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes effective plant performance, adequate funding, adequate staffing, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when the operation is necessary to achieve compliance with the conditions of this permit. Disposal of Solids or Sludges Solids, sludges or other pollutants removed in the course of treatment or management of pollutants shall be disposed of in a manner so as to prevent any pollutant from such materials from entering State waters. DgDgty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Need tq Halt or Reduce Activity not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 1. 'Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Parts H.U.2. and U.3. 09/07/01 FRI 11:48 FAX 5404345841 2. 91 V. et Notice Triad Harrisonburg Cuia Perm., No. VA0029653 Part II Page 9 of 11 a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior notice shall be submitted, if possible at least ten days before the date of the bypass. b. Unanticipated bypass_ The permittee shall submit notice of an unanticipated bypass as required in Part HI Prohibition of bypass a. Bypass is prohibited, and the Board may take enforcement action against a permittee for bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (3) The permittee submitted notices as required under Part ILU.2. b. The Board may approve an anticipated bypass, after considering its adverse effects, if the Board determines that it will meet the three conditions listed above in Part ILU.3.a. 1. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of Part II.V.2. are met. A determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is not a final administrative action subject to judicial review_ 2. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 09/07/01 FRI 11:49 FAX 5404345841 1'riau narrlsonourg WJ V�v Perms. No. VA0029653 Part 11 Page 10 of 11 a. An upset occurred and that the permittee can identify the cause(s) of the upset; b. The permitted facility was at the time being properly operated; C. The permittee submitted notice of the upset as required in PartIM-; and d. The permittee complied with any remedial measures required under Part U.S. 3. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee shall allow the Director, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act and the State Water Control Law, any substances or parameters at any location. For purposes of this section, the time for inspection shall be deemed reasonable during regular business hours, and whenever the facility is discharging. Nothing contained herein shall make an inspection unreasonable during an emergency. X. Permit Actions Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a - notification of planned changes or anticipated noncompliance does not stay any permit condition. UJ%U'l%UI j''R! li : fhU MA 0444 jf� 0 41 A'r iaa n arrAsc7[A HDarB l ..I U41 Perri,.. No. VA0029653 Part II Page 11 of 11 Y. Transfer of Permits 1. Permits are not transferable to any person except after notice to the Department. Except as provided in Part H.Y.2, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the State Water Control Law and the Clean Water Act. 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to a new permittee if. a The current permittee notifies the Department at least 30 days in advance of the proposed transfer of the title to the facility or property; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and C. The Board does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in Part II.Y.2.b. Z. Severability The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.