Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 790 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part I - Procedural Regulations › Article 2 - Procedures › Section 9VAC25-790-210 - Nonconventional methods, processes or equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A. Policy. The
					 policy of the department is to encourage the development of any new or
					 nonconventional methods, processes, and equipment that appear to have
					 application for the treatment or conveyance of sewage. Sewage treatment
					 methods, processes, and equipment may be subject to a special permit
					 application procedure if (i) they are not covered by the Manual of Practice
					 (Part III (9VAC25-790-310 et seq.) of this
					 chapter) and (ii) they are in principle, or application, deemed to be
					 nonconventional.
B. Provisional
					 CTO. The performance reliability of nonconventional processes and equipment
					 shall have been thoroughly demonstrated through an approved testing program for
					 similar installations (loadings of 75% or more of design level) before they may
					 be considered for conventional approval and use. Where the department approves
					 such a testing program, a provisional CTO will be issued for treatment works in
					 which new or nonconventional processes and equipment are to be evaluated. The
					 provisional CTO will specify conditions related to the testing requirements and
					 agreements necessary for issuance of a final CTO. The owner of the facility
					 shall submit the required test results to the department according to an
					 approved schedule for approval prior to issuance of a final CTO. It is the
					 owner's responsibility to operate in compliance with requirements imposed by
					 permits issued for the sewerage system or treatment works.
C. Assurance resources. As a prerequisite to
					 the issuance of a provisional CTO, the owner must furnish assurance of
					 financial ability or resources available to modify, convert, or replace, the
					 new or nonconventional processes or equipment in the event the performance
					 reliability cannot be established over the period of time specified by the
					 provisional CTO. These assurances may be in the form of funds placed in escrow,
					 letters of credit, performance bonds, etc., which would revert to the facility
					 owner if performance reliability cannot be established.
D. Performance reliability testing. All
					 procedures used in testing of the performance reliability shall be conducted
					 under the supervision of a licensed professional engineer who shall attest to
					 the accuracy of sampling and testing procedures. The required samples shall be
					 tested through a qualified laboratory. The testing program shall provide as a
					 minimum the following:
1. Samples shall be
					 collected at designated locations at a stated frequency and analyzed in
					 accordance with provisions of the provisional CTO. The minimum testing period
					 shall be 12 months under the comparable environmental and operational
					 conditions for which the process and equipment will receive conventional
					 approvals for any additional installations.
2. All analyses shall be made in accordance
					 with the 19th Edition of Standard Methods for the Examination of Water and
					 Wastewater (1995) and 40 CFR Part 136 as published in the 40 CFR July 1, 2023,
					 update, or other approved analytical methods.