2009-04-29 MinutesBOARD OF SUPERVISORS
MINUTES
April 29, 2009
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Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm.
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
School Board Members in
Attendance:
Mr. Marshall Trammell, Jr.
Chairman
Ms. Patricia Carpenter
Dr. Marcus Newsome, Supt.
of Schools
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Kathy Kitchen, Asst.
Superintendent of Schools
for Business and Finance
Mr. Lou Lassiter, Dir.,
Internal Audit
Ms. Debbie Leidheiser,
Senior Advocate,
Human Services
Mr. Mike Mabe, Director,
Libraries
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
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Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Dir. of
Social Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirk Turner, Dir.,
Planning
Mr. Warren called the regularly scheduled meeting to order at
3:03 p.m.
1. APPROVAL OF MINUTES
There were no minutes to approve at this time.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier provided an update regarding the success of the
Chesterfield Chamber of Commerce's Celebration of Vine event,
which took place at the Chesterfield County Government
Complex. He also provided an update on the proposed Zip Code
changes and stated a meeting is scheduled with
representatives from Congressmen Cantor's and Forbes' offices
to discuss options for moving forward toward a solution
beneficial to the county, the Post Office and postal
customers.
Dr. Nelson provided details of the Swine Influenza. He
stated the county has a pandemic plan in place. He further
stated there have not been any cases reported in Central
Virginia at this time.
In response to Mr. Warren's question, Dr. Nelson stated there
currently have been no cases of the Swine Influenza reported
in Virginia, although he expects to see cases in Virginia
soon.
2.B. MODEL COUNTY GOVERNMENT
Mr. Stegmaier stated the county is delighted to host Model
County Government Day again this year. He called forward Ms.
Gayle Hines, Instructional Specialist for History and Social
Sciences, Chesterfield County Public Schools, to provide
details of the event.
Ms. Hines thanked county and school officials for allowing
the students to shadow them and making this a successful
program. She stated Model County Government is a
collaborative effort between Youth Planning and Development,
the Extension Office and Schools. The students and their
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advisors came forward and introduced themselves. Several of
the students were seated with the Board members and County
Administrator and participated in today's meeting.
3. BOARD MEMBER REPORTS
There were no reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
replaced Item 8.A.1., Appointments to the Recycling Advisory
Committee, amd moved it to follow Item 8.C., Consent Items;
moved Item 8.C.l.a., Adoption of ResolutionRecognizing Mr.
John G. Schickler, Information Systems Technology Department,
Upon His Retirement, to follow Item 5.B., replaced Item
8.C.10., Establishment of a Chesterfield County Citizen's
Recycling Advisory Committee; and replaced Item 9.A., Report
on Status of General Fund Balance, Reserve for Future Capital
Projects, District Improvement Funds and Lease Purchases.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
S.A. RECOGNIZING MAY 2009, AS "OLDER AMERICANS MONTH"
IN CHESTERFIELD COUNTY
Ms. Debbie Leidheiser, Senior Advocate, introduced Walker J.
Scaglione, the winner of an essay contest the Chesterfield
Senior Advocates Office initiated and also introduced
representatives from various organizations that provide
services and programs for older residents.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County is a community in which
65,546 citizens aged 55 and over make their home; and
WHEREAS, older adults in Chesterfield County and
throughout the nation are an increasing population with
evolving needs; and
WHEREAS, older Americans are valuable members of our
society who enhance our communities and personal lives; and
WHEREAS, the increasing number of baby boomers reaching
traditional retirement age highlights the need for increased
support of older adults; and
WHEREAS, our older citizens of today and tomorrow
promise to be among the most active and involved older adult
populations in our nation's history; and
WHEREAS, it is the responsibility of this and all U.S.
communities to work collaboratively to address older adults'
unique health and long-term care challenges; and
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WHEREAS, it is crucial that communities modernize
systems of care to help empower older Americans and give them
more control over their own lives; and
WHEREAS, communities can improve older citizens' overall
quality of life by helping them make behavioral changes in
their lifestyles that can reduce the risk of disease,
disability, and injury; obtain the tools they need to make
informed decisions about, and gain better access to, existing
health and long-term care options in their communities; and
have more options to avoid placement in nursing homes and
remain at home as long as possible.
WHEREAS, the Senior Advocate's office initiated an essay
contest for Chesterfield County students to acknowledge
positive older adult role models, celebrate inter-
generational relationships and demonstrate good writing
skills, and Walker J. Scaglione is being recognized as the
winner of the contest in which he acknowledged his great
grandfather as a role model; and
WHEREAS, Senior Connections, The Capital Area Agency on
Aging has set aside May 2009, to recognize and honor older
adults in Planning District 15 and celebrate their
contributions; and
WHEREAS, Chesterfield TRIAD has declared May 6 as Senior
Day in Chesterfield County.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
publicly recognizes May 2009, as "Older Americans Month,"
urges its residents to take time this May to honor our older
adults and the professionals, family members, and citizens
who care for them, recognizing that our efforts can improve
the lives of our older citizens and help pave the way for
future generations.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Holland presented the executed resolutions to each of the
representatives and expressed appreciation for their
contributions to the county's senior citizens.
Ms. Durfee presented a plaque and savings bond to Walker J.
Scaglione for being selected the winner of the essay contest.
5.B.
RIVER CONSERVATION AREA
CONTRIBUTIONS TO THE JOHN J. RADCLIFFE APPOMATTOX
RECOGNIZING ALLIANCE ENGINEERING FOR ITS VOLUNTARY
Mr. Golden introduced Mr. Kevin Kokal and Mr. Jim Burnette of
Alliance Engineering, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Chesterfield County, Virginia, has, as one of
its strategic goals, that of being responsible protectors of
the environment; and
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WHEREAS, the county's acquisition of the 80-acre John J.
Radcliffe Appomattox River Conservation Area along the lower
Appomattox River is a significant addition to public access
to this valuable natural resource; and
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WHEREAS, the John J. Radcliffe Appomattox River
Conservation Area will feature a 11/-mile trail, with more
than 800 feet of elevated boardwalk across sensitive eco
systems, nature interpretive stations and riverbank fishing
access; and
WHEREAS, to aid with the opening of this beautiful new
conservation area, Alliance Engineering, which has its
headquarters in Chesterfield County, has assisted by
providing labor and by installing joists and decking for 550
feet of boardwalk that crosses wetlands; and
WHEREAS, Alliance Engineering will be conducting such
work from April 4 until May 2 in preparation for the opening
of the conservation area on June 6, 2009; and
WHEREAS, Alliance Engineering also prepared the
engineering plans for the boardwalk the company is
constructing, and will engineer the plans for an emergency
access road that will serve the site; and
WHEREAS, Alliance Engineering has donated approximately
$12,000 worth of planning time and expertise, and more than
300 hours of volunteer labor by its employees; and
WHEREAS, Alliance Engineering, which began its
operations in Chesterfield County in 1989, is a company that
has demonstrated its generosity and commitment to selflessly
serving others in the community; and
WHEREAS, Alliance Engineering's focus on relationship
building, which has made it highly successful as a business,
has clearly been evident in the manner in which it has
contributed as a strong partner in the John J. Radcliffe
Appomattox River Conservation Area project; and
WHEREAS, such outstanding civic service is commendable
and worthy of recognition.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
publicly recognizes the exemplary contributions of Alliance
Engineering to the John J. Radcliffe Appomattox River
Conservation Area, and expresses, on behalf of all
Chesterfield County residents, sincere appreciation to this
outstanding corporate citizen.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Alliance Engineering, and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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Ms. Durfee presented the executed resolution and expressed
appreciation for Alliance Engineering's civic service to
Chesterfield County.
Mr. Kokal and Mr. Burnette expressed appreciation to the
Parks and Recreation Department for their assistance .with
this project.
8.C.i.a. RECOGNIZING MR. JOHN G. SCHICKLER, INFORMATION
SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT
Mr. Condrey introduced Mr. Schickler who was present with his
wife to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. John Schickler will retire from the
Chesterfield County Information Systems Technology Department
on May 1, 2009 after providing 19 years of quality service to
the citizens of Chesterfield County; and
WHEREAS, Mr. Schickler has faithfully served the county
in the capacity of applications technology leader for the
Information Systems Technology Department; and
WHEREAS, Mr. Schickler has been instrumental in
implementing some of the most technically challenging systems
for Chesterfield County, including the recent new Jail
Management System; and
WHEREAS, Mr. Schickler was recognized for serving on
several process action teams, which delivered quality and
process improvements for several departments including the
Police Department; and
WHEREAS, Mr. Schickler was facilitator for several
county TQI process action teams, a member of several TQI
process action teams and a member of several departmental and
county-wide TQI focus groups; and
WHEREAS, Mr. Schickler was the local government
representative on the State Y2K Committee, the local
government representative on the State Integrated Criminal
Justice System Committee, and a representative on the
Department of Social Services Information Technology Planning
Committee; and
WHEREAS, Mr. Schickler's knowledge, guidance, ethical
behavior and analytical abilities have helped to make the
Information Systems Technology Department a recognized and
respected resource; and
WHEREAS, Mr. Schickler has earned the admiration and
respect of his peers and colleagues at Chesterfield County
for his dedication, calm demeanor, enthusiasm,
professionalism, and his ability to transition from old
technology to emerging technology; and
WHEREAS, Mr. Schickler will be remembered by his co-
workers as having a warm sense of humor and respect for his
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employees and colleagues, a man who always performed his job
in a superior manner; and
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WHEREAS, Mr. Schickler has made many lasting
contributions to his field of application development and to
the IST staff, who will be forever grateful for his
analytical abilities, programming skills, pleasant
personality and most importantly, his friendship; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Schickler's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
recognizes Mr. John Schickler, and extends on behalf of its
members and the citizens of Chesterfield County, appreciation
for his service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren presented the executed resolution to Mr.
Schickler, expressed appreciation for his dedication to
Chesterfield County and congratulated him on his retirement.
Mr. Schickler expressed appreciation to the Board for the
recognition.
6. WORK SESSIONS
There were no work Sessions at this time.
7. DEFERRED ITEMS
7.A. ADOPTION OF THE FY2010 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP
ANNUAL PLAN
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Mr. Carmody stated this item had been deferred at the April
15, 2009 meeting. He further stated an allocation amount has
not been received from the federal government so staff
recommends deferral.
In response to Mr. Gecker's question, Mr. Carmody stated the
funds were appropriated on April 15 at the level they were
for FY2009, and the Board is being requested to defer the
Plan.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred adoption of the FY2010 Community Development Block
Grant Program and the HOME Investment Partnership Annual Plan
to May 27, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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7.B. ADOPTION OF THE FY2010-FY2015 CAPITAL IMPROVEMENT
PROGRAM AND CHANGES TO THE FY2009 CAPITAL IMPROVEMENT
PROGRAM PROJECTS
Mr. Caromdy provided a summary of the recommended changes to
the FY2010-FY2015 Capital Improvement Program and changes to
the FY2009 Capital Improvement Program projects, which
include a $8.03 million reduction to the funding for the
Smith-Wagner Building addition and renovation for the current
budget, as well as a $2 million reduction for FY2010. He
stated the Capital Improvement Program for FY2010 through
FY2015 consists of $860 million. He reviewed the general
government, School Board, and Utilities Capital Improvement
Program project highlights, to include, five-story building
renovation; public safety projects; Ettrick-Matoaca Library
Renovation; Parks and Recreation Projects; the Meadowville
Interchange; HVAC upgrades in schools; elementary and middle
school renovations/additions; and wastewater treatment plant
upgrades.
In response to Mr. Warren's question, Mr. Holland stated the
Budget and Audit Committee still has some questions regarding
the Capital Improvement Program which need to be resolved.
He further stated the Board is required to vote on this item
before the day's end. He recommended making a decision this
evening.
Mr. Gecker stated there are several questions unresolved
through the County Attorney and Budget offices.
In response to Mr. Warren's question, Mr. Micas stated the
Chairman or the entire Board can move this item to later on
the agenda. He further stated the Board is required to adopt
some form of a CIP by May 1St, and items may be deferred or
deleted within the CIP.
In response to Mr. Gecker's question, Mr. Micas stated if the
amount adopted by the Board exceeds a one percent change,
then the Board would be required to advertise the item and
hold another public hearing. He further stated the Board is
required to appropriate funding by June 30.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
moved Item 7.B., Adoption of the FY2010-FY2015 Capital
Improvement Program and Changes to the FY2009 Capital
Improvement Program Projects to be considered prior to Item
18., Public Hearings.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
appointment of members to serve on the Personnel Appeals
Board and the Citizen's Recycling Advisory Committee.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.A.2. PERSONNEL APPEALS BOARD
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On motion of Mr. Holland, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed Mr. Keith A. Chisolm to
serve on the Personnel Appeals Board, whose term will be
effective immediately and expire on December 31, 2011.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following streetlight installations:
BERMUDA DISTRICT:
• In the Falling Creek Hills subdivision: On Allerton
Street, between Dundas Road and Parkdale Road, on the
existing pole
Cost to install streetlight: $23.14
• In the Brynmore subdivision: On Brynmore Drive in the
vicinity of 10472/10478
Cost to install streetlight: $974.63
• In the Brynmore subdivision: On Crooked Branch Terrace
in the vicinity of 10442/10448 Cost to install
streetlight: $974.63
DALE DISTRICT:
• In the Drewrys Bluff subdivision: On Dalebrook Drive, in
the vicinity of 6700, on the existing pole
Cost to install streetlight: $706.04
• In the Jessup Meadows subdivision: On Jessup Meadows
Drive, in the vicinity of 5512
Cost to install streetlight: $1,517.79
MATOACA DISTRICT:
• In the Augustus Wright Tract: On Hillview Street, in the
vicinity of 21625, on the existing pole
Cost to install streetlight: $222.24
• In the Eagle Cove subdivision: On Ivan Road in the
vicinity of 20135/20141
Cost to install streetlight: $1,278.45
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.b. RECOGNIZING MAY 10-16, 2009, AS "NATIONAL LAW
ENFORCEMENT WEER"
On motion of Mr. Gecker, seconded by Mr
adopted the following resolution:
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WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no human aspiration is more fundamental and
important than safety of family, self and others whom we hold
dear; and
WHEREAS, the dedicated, loyal and brave members of the
various law enforcement agencies that operate in Chesterfield
County provide an invaluable service to all citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is part of the foundation upon which our quality
of life rests; and
WHEREAS, during a time of war overseas and heightened
risks of terrorist attacks on our homeland, law enforcement
agencies are doing everything within their means to provide
for the security of our nation during these trying times; and
WHEREAS, the week of May 10-16, 2009, is widely
recognized across the nation as "National Law Enforcement
Week" and will honor the 133 law enforcement officers who
gave their lives in 2008 in the line of duty; and
WHEREAS, Chesterfield County is proud and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
10-16, 2009, as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.c. RECOGNIZING MAY 3-9, 2009, AS "ARSON AWARENESS
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, National Arson Awareness Week 2009 will be
officially observed during the week of May 3-9, 2009; and
WHEREAS, the U.S. Fire Administration has adopted the
theme "Arson for Profit - Cashing in with Fire" for National
Arson Awareness Week; and
WHEREAS, U.S. Fire Administration statistics indicate
that 267,000 arson fires occur annually in the United States
making arson the leading cause of fires; and
WHEREAS, data further verifies the $1.4 billion in
property loss and more than 2,000 injuries and 475 deaths
that this crime causes each year; and
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WHEREAS, the National Insurance Crime Bureau confirms
that billions of dollars are lost annually to insurance fraud
resulting from arson; and
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WHEREAS, properly securing vacant homes, buildings, and
property within the county reduces the chances of being a
victim of arson activity; and
WHEREAS, Chesterfield Fire and Emergency Medical
Services actively investigates the cause of each fire that
occurs within the county to .ensure that the crime of arson is
prosecuted to the fullest extent; and
WHEREAS, Chesterfield Fire and Emergency Medical
Services continues to educate its school children, adults,
and senior citizens on the prevention of all fires and arson
awareness; and
WHEREAS, Chesterfield Fire and Emergency Medical
Services public educators continue to deliver Juvenile Fire
Setter Intervention programs annually to high-risk
adolescents involved in fire setting on the dangers and
consequences of their choices; and
WHEREAS, the effects of arson activity reduce the
quality of life and safety of the citizens of Chesterfield
County and its property owners; and
WHEREAS, public awareness and pro-active fire prevention
strategies are two of the specific responsibilities of the
Chesterfield Fire and Emergency Medical Services.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes May 3-9, 2009, as
"Arson Awareness Week" in Chesterfield County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.d. RECOGNIZING MAY 17-23, 2009, AS "EMERGENCY MEDICAL
SERVICES WEEK"
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, emergency medical services is a vital public
service; and
WHEREAS, the members of emergency medical services teams
are ready to provide high quality lifesaving care to those in
need twenty-four hours a day, seven days a week; and
WHEREAS, immediate access to high quality emergency care
dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, emergency medical services teams consist of
emergency physicians, emergency nurses, emergency medical
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technicians, paramedics, firefighters, communications
officers, educators, administrators, and others; and
WHEREAS, working together, these emergency medical
services teams responded to over 24,000 medical emergencies
in 2008, representing countless hours of dedicated service to
the community; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and guests of Chesterfield County
benefit daily from the knowledge, skills, and dedication of
these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Defense Supply
Center Richmond, Chesterfield County's Emergency
Communications Center, and the Volunteer Rescue Squads of
Bensley-Bermuda, Ettrick-Matoaca, Forest View, and
Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 17-23,
2009, as "Emergency Medical Services Week."
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.e. RECOGNIZING MAY 10-16, 2009, AS "BUSINESS
APPRECIATION WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has a diverse base of
business and industry that supports our local economy; and
WHEREAS, these businesses are both domestically and
internationally based and range in size from very small
entrepreneurial companies to large corporations; and
WHEREAS, these businesses provide essential employment
opportunities for the citizens of Chesterfield County as well
as undertaking, often quietly and without fanfare, community
service activities; and
WHEREAS, business tax revenues are critical in
offsetting the cost of County-provided services required by
our rapidly growing residential sector, in addition to
industry taking an active role in making the community a
better place through their commitment to charitable
organizations, schools, recreation and other worthwhile
endeavors.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby expresses its gratitude on
behalf of County residents to all businesses and industry
located in Chesterfield for their contributions over many
years by recognizing May 10-16, 2009, as "Business
Appreciation Week."
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.l.f. RECOGNIZING MR. JOHN MARSH FOR HIS SERVICE AS A
MEMBER OF THE AIRPORT ADVISORY BOARD
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. John Marsh represented the Dale District as
a member of the Chesterfield County Airport Advisory Board
from August 27, 2003 to March 25, 2009; and
WHEREAS, Mr. Marsh provided guidance and assistance
during the Runway Rehabilitation, North Terminal Apron
Construction, and the future development of the airport
during the Master Planning Process; and
WHEREAS, Mr. Marsh was of great assistance evaluating
and developing the proposal for the Chesterfield
Aviation/Science Museum and for participating in the
Chesterfield County Airport annual air shows; and
WHEREAS, the Chesterfield County Airport has been named
one of the best reliever airports in the state, and during
Mr. Marsh's tenure on the Airport Advisory Board the airport
has grown to be one of the most active airports in the
Commonwealth of Virginia; and
WHEREAS, the continuing growth in airport activities
during Mr. Marsh's tenure has had a beneficial economic
impact on Chesterfield County and the State of Virginia by
providing the county with 266 jobs and a direct economic
impact of over $16 million.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby expresses its sincere
gratitude and appreciation to Mr. John Marsh for his service
to the county as a member of the Chesterfield County Airport
Advisory Board representing the Dale District.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Marsh and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.2. APPROVAL OF LEASE OF PROPERTY FROM THE COMMONWEALTH
OF VIRGINIA, VIRGINIA STATE UNIVERSITY FOR THE
VIRGINIA STATE UNIVERSITY/ ETTRICK RIVERFRONT TRAIL
PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to enter into a lease
agreement with the Commonwealth of Virginia, Virginia State
University for the Virginia State University/Ettrick
Riverfront Trail Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4. REQUESTS TO QUITCLAIM
8.C.4.a. A SIXTEEN-FOOT SEWER EASEMENT, A TEN-FOOT TEMPORARY
CONSTRUCTION EASEMENT AND A TWENTY-FOOT TEMPORARY
CONSTRUCTION EASEMENT ACROSS THE PROPERTY OF AERC
RIVER FOREST
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot sewer easement, a 10-foot temporary
construction easement and a 20-foot temporary construction
easement across the property of AERC River Forest LLC. (It is
noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4.b. A SIXTEEN-FOOT SEWER EASEMENT AND A TWENTY-FOOT
TEMPORARY CONSTRUCTION EASEMENT ACROSS THE PROPERTY
OF AERC VIRGINIA DEVELOPMENT COMPANY LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim need to vacate a
16-foot sewer easement and a 20-foot temporary construction
easement across the property of AERC Virginia Development
Company LLC. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5. ACCEPTANCE OF PARCELS OF LAND
8.C.5.a. ALONG CARVER HEIGHTS DRIVE FROM AERC VIRGINIA
DEVELOPMENT COMPANY LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.07
acres along Carner Heights Drive from AERC Virginia
Development Company, LLC and authorized the County
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Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5.b. ALONG THE WEST RIGHT OF WAY LINE OF NORTH SPRING
RUN ROAD FROM P AND F, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.005
acres along the west right of way line of North Spring Run
Road (State Route 702) from P & F, LLC, and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is on file with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.6. APPROVAL OF CHANGE ORDER NUMBER TWO FOR PHASE II
MODIFICATIONS AT PROCTORS CREEK WASTE WATER
TREATMENT PLANT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved Change Order Number Two for the Phase II
Modifications at Proctors Creek Waste Water Treatment Plant
in the amount of $235,701.06 and authorized the County
Administrator to execute the necessary documents.
8.C.7. REQUESTS FOR PERMISSION
8.C.7.a. FROM NEWTON CASE FOR AN EXISTING SHED TO ENCROACH
WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 56,
BLOCK C, BUCKINGHAM, SECTION 3
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the request for permission from Newton Case for an
existing shed to encroach within a 16-foot sewer easement
across Lot 56, Block C, Buckingham, Section 3, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.7.b. FROM BRIAN K. AND SELINA HELMS FOR AN EXISTING
CINDERBLOCK GARAGE TO ENCROACH WITHIN A TEN-FOOT
EASEMENT FOR UTILITIES ACROSS LOT 32, MAP OF
CHESTERWOOD SUBDIVISION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the request for permission from Brian K. Helms and
Selina Helms for an existing cinderblock garage to encroach
within a 10-foot easement for utilities across Lot 32, Map of
Chesterwood Subdivision, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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04/29/09
8.C.7.c. FROM MATOACA UNITED METHODIST CHURCH TO INSTALL
A PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT
TO SERVE PROPERTY ON FITZHUGH STREET
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the request for permission from Matoaca United
Methodist Church to install a private water service within a
private easement, and authorized the County Administrator to
execute the water connection agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. APPROPRIATION OF GRANT FUNDS FOR THE SHERIFF'S OFFICE
BOOKING DATA SHARING PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
appropriated $60,000 in grant funds from the Department of
Criminal Justice Services to the Sheriff's Office for the
Booking Data Sharing Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. RATIFY REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD
PUBLIC HEARING ON PROPOSED LEASE FOR A PROBATION AND
PAROLE OFFICE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
ratified the request sent to the State Department of
Corrections requesting a public hearing be held on a proposed
lease at 7415-7485 Midlothian Turnpike for a state probation
and parole office.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.11. APPROPRIATION OF FUNDS FROM GOVERNOR'S OPPORTUNITY
FUND FOR THE SABRA DIPPING COMPANY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
appropriated $350,000 from the Governor's Opportunity Fund to
support an agreement with Sabra Dipping company to locate a
food manufacturing facility in Chesterfield County.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE
DISTRICT IMPROVEMENT FUND TO THE COUNTY LIBRARY TO
PURCHASE A PORTRAIT FOR THE MEADOWDALE LIBRARY
MEETING ROOM
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $1,100 from the Dale District Improvement Fund to
the County Library to purchase a portrait of Kelly Miller for
the Meadowdale Library meeting room.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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The following item was pulled for public comment from the
Consent Agenda:
8.C.3. ADOPTION OF COUNTY PROCEDURE FOR THE DEBARMENT OF
VENDORS AND CONTRACTORS
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Ms. Brenda Stewart suggested several amendments to the
proposed procedure. She requested the Board defer this item
to allow more time to review the procedure.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred adoption of County Procedure for the debarment of
vendors and contractors to May 27, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following item was pulled for Board comment from the
Consent Agenda:
8.C.10. ESTABLISHMENT OF A CHESTERFIELD COUNTY CITIZEN'S
RECYCLING ADVISORY COMMITTEE
Mr. Gecker stated the purpose for the Citizen's Recycling
Advisory Committee is to review the recycling process and
report to the Board a recommendation to make it more cost
effective. He further stated the Committee should not be an
ongoing entity once recommendations have been made.
Mr. Holland stated the Committee should have recommendations
for the Board by January 2010, which would be beneficial to
the Board through the next budget cycle.
Discussion ensued regarding the length of the terms for the
Committee members.
Mr. Gecker requested the initial recommendation from the
Committee be made to the Board by January 15, 2010.
Mr. Warren called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
established the Chesterfield County Citizen's Recycling
Advisory Committee.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.A.1. RECYCLING ADVISORY COMMITTEE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Brenda Robinson, Mr.
Dave Anderson, Ms. Katherine B. (Kathy) Hostetler, Mr. Robert
Dunn, and Ms. Marcia Phillips to serve on the Citizen's
Recycling Advisory Committee, whose terms are effective
immediately and will expire on April 29, 2010.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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04/29/09
Mr. Gecker stated the appointment of the Chair of the
Recycling Advisory Committee should be done by the Committee,
not the Board.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT DEVELOPMENT FUNDS
AND LEASE PURCHASES
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
accepted the following reports: A Report on Developer Water
and Sewer Contracts and A Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Development Funds and Lease Purchases.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Carrie Coyner addressed the Board relative to the county
reviewing the Sign Ordinance regarding civic and charitable
organization's signs.
In response to Ms. Durfee's question, Mr. Turner stated staff
is willing to review the ordinance to suggest some possible
changes.
Ms. Durfee stated the county needs to ensure the ordinance
provides an ability for new businesses to advertise for a
period of time.
Mr. Vernon McClure addressed the Board relative to the need
for the county to review the fees related to the homebuilders
to assist with some companies being able to survive the
economic downturn.
Mr. Stith stated Community Development met with
representatives of the homebuilding industry to discuss
concerns and issues and what the county can address to assist
with rejuvenating the housing industry..
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE
OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH
LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING
THE PROVISION OF LEGAL ADVICE WITH RESPECT TO THE
APPLICATION OF "GUIDANCE" BY THE CHESAPEAKE BAY LOCAL
ASSISTANCE BOARD ON THE CHESAPEAKE BAY PRESERVATION ACT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
went into Closed Session pursuant to Section 2.2-3711(A)(7),
Code of Virginia, 1950, as amended, for consultation with
legal counsel regarding specific legal matters requiring the
provision of legal advice with respect to the application of
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"Guidance" by the Chesapeake Bay Local Assistance Board on
the Chesapeake Bay Preservation Act.
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such public business
matters as were identified in the Motion by which the Closed
Session was convened were heard, discussed, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Ms. Jaeckle:
Mr. Gecker:
Mr. Warren:
Ms. Durfee:
Mr. Holland:
Ayes: Warren,
Nays: None.
12. DINNER
Aye.
Aye.
Aye.
Aye.
Aye.
Gecker, Jaeckle, Holland, and Durfee.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Kevin Cook, Broad Rock Baptist Church, gave the
invocation.
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14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Ms. Shirley Callahan, FSO-PA
Guard Auxiliary, led the Pledge
the United States of America.
15. RESOLUTIONS
15.A.
MICHAEL WHALON
Officer, United States Coast
of Allegiance to the Flag of
RECOGNIZING THE OUTSTANDING SCHOLASTIC ACHIEVEMENT OF
Mr. Kappel introduced Michael Whalon, who was present with
his family, to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Michael Whalon is a Chesterfield County
resident and eighth-grade student at Bailey Bridge Middle
School; and
WHEREAS, Michael recently represented Bailey Bridge
Middle School and competed in the 35th Annual Richmond Times-
Dispatch Regional Spelling Bee; and
WHEREAS, Michael was one of 33 students who competed in
the spelling bee in a l;~Z-hour contest held at the Library of
Virginia; and
WHEREAS, Michael survived nine rounds of the competition
and successfully spelled "eviscerate" as his last challenge
in the spelling bee; and
WHEREAS, Michael is now headed for the Scripps National
Spelling Bee in Washington, D.C., to compete against the best
spellers from all across the United States; and
WHEREAS, the Richmond Times-Dispatch will pay for
Michael and his family to spend the week of May 24-30 in
D.C.; and
WHEREAS, the newspaper also will award Michael a $1,500
scholarship; and
WHEREAS, cosponsors of the event, along with the
Richmond Times-Dispatch, were Thinkfinity.org and the Library
of Virginia; and
WHEREAS, Michael Whalon is an outstanding representative
of Chesterfield County Public Schools; and
WHEREAS, all Chesterfield County residents wish Michael
the best of luck as he competes at the Scripps National
Spelling Bee.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
publicly recognizes the exemplary achievements of Michael
Whalon, congratulates him on his victory in the Richmond
Times-Dispatch Regional Spelling Bee, and extends best wishes
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for continued success at the Scripps National Spelling Bee,
and in all his future academic pursuits.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Michael, and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Durfee presented the executed resolution and
congratulated Michael Whalon for his achievements.
Mr. Whalon expressed appreciation to the Board for the
recognition.
15.B. RECOGNIZING THE 25TH ANNIVERSARY OF THE CHESTERFIELD-
COLONIAL HEIGHTS CRIME SOLVERS PROGRAM
Colonel Dupuis introduced members of the Crime Solvers Board
of Directors, who were present to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Chesterfield-Colonial Heights Crime Solvers
program began in 1984 to provide the public with an anonymous
method of providing information to assist law-enforcement
agencies in preventing and solving crimes; and
WHEREAS, accordingly, the Chesterfield-Colonial Heights
Crime Solvers program is celebrating its 25th anniversary
this year; and
WHEREAS, callers may contact the Crime Solvers Hot Line
at 748-0660 24-hours-a-day, 365 days a year; and
WHEREAS, tips can lead to cash awards up to $1,000; and
WHEREAS, Crime Solvers allows callers to maintain their
anonymity because they receive code numbers that identify
them, rather than using their names; and
WHEREAS, since its inception, the Crime Solvers program
has assigned 19,488 caller numbers and received more than 100
additional Web and text-message tips; and
WHEREAS, information provided to Crime Solvers over the
years has led to Police solving 5,791 crimes and recovering
$1,756,320 worth of stolen property; and
WHEREAS, additionally, Police have recovered $723,558 in
drugs and narcotics; and
WHEREAS, Crime Solvers has paid more than $450,000 in
rewards for information relating to crimes in Chesterfield
County and the City of Colonial Heights; and
WHEREAS, Crime Solvers is wholly funded by donations
from private citizens, corporations, civic and social groups,
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and professional associations, and receives no funding from
tax dollars; and
WHEREAS, this exemplary crime-fighting program has had
an extremely positive effect in the fight against crime in
Chesterfield County and Colonial Heights.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
extends best wishes on the occasion of the 25th anniversary
of Crime Solvers, publicly recognizes the exemplary work of
the Crime Solvers program, and on behalf of all residents and
business operators of Chesterfield County, expresses
gratitude to all those who, over the years, have helped to
form, fund and operate this highly effective partnership,
which has made Chesterfield County and the City of Colonial
Heights safer and more secure.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren presented the executed resolution and
congratulated members of the Chesterfield County Crime
Solvers on the success of the program.
Mr. Harris Bacon and members of the Board of Directors for
the Crime Solvers program expressed appreciation for the
recognition by the Board.
15.C. RECOGNIZING MAY 16-22, 2009, AS "SAFE BOATING WEEK"
IN CHESTERFIELD COUNTY
Mr. Kappel introduced members of the Coast Guard Auxiliary,
who were present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Americans are increasingly heading to the water
for recreation and relaxation as opportunities for on-the-
water activity increase each year; and
WHEREAS, with this growth comes additional
responsibility; and
WHEREAS, it is essential that both novice and
experienced boaters alike learn and practice safe boating
habits, wear a life jacket and have essential safety
equipment; and
WHEREAS, this year's theme of the Boating Safety
Campaign, "Wear It," recognizes that boating safety begins
before the boat leaves the dock; and
WHEREAS, studies show that boaters who take a boating
course are four to five times less likely to have a boating
accident, and 80 percent of the people who have died in
boating accidents were not wearing life jackets; and
WHEREAS, the number of boats registered in the
Commonwealth of Virginia is 250,988, and even more boats
visit our area waters each summer; and
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WHEREAS, hundreds of lives could be saved each year by
the wearing of life jackets, and the life jackets of today
are more comfortable, more attractive and wearable than
styles of past years; and
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WHEREAS, the law requires that wearable life jackets be
carried for each person on board the boat, and little effort.
is needed to wear those life jackets; and
WHEREAS, boating courses are readily available from the
Coast Guard Auxiliary throughout the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 29th day of April 2009,
hereby supports the goals of the National Safe Boating
Campaign by publicly recognizing May 16-22, 2009, as "Safe
Boating Week" in Chesterfield County, and urges all those who
boat to practice safe boating by taking a boating course,
wearing their life jackets, and having their boats checked
for other safety equipment by the Coast Guard Auxiliary.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker presented the executed resolution to the members
of the Coast Guard Auxiliary and stressed the importance of
safe boating.
Members of the Coast Guard Auxiliary introduced themselves
and expressed appreciation for the recognition.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Olsen addressed the Board regarding the enforcement
of the Sign Ordinance. He stated staff is doing their job
removing the illegal signs.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 19
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08SN0224
In Midlothian Magisterial District, HERITAGE SIGNS INC.
requests Conditional Use Planned Development and amendment of
zoning district map to permit a computer-controlled, variable
message, electronic sign and to permit exception to Ordinance
requirements relative to sign height in a Corporate Office
(O-2) District on 0.6 acres known as 1231 Gateway Centre
Parkway. Density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for light
industrial use. Tax ID 757-705-3156.
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04/29/09
Mr. Turner stated Mr. Gecker is requesting deferral of Case
08SN0224 to allow the Planning Commission -time to work
through the Electronic Message Center Policy.
Mr. Warren called for public comment.
Mr. Robert B. Jarvis, the applicant's representative, stated
he was in agreement with the deferral.
There being no one else to address this request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
deferred Case 08SN0224 to August 26, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0235
In Midlothian Magisterial District, HOLIDAY SIGNS, INC.
requests Conditional Use and amendment of zoning district map
to permit a computer-controlled, variable message, electronic
sign in a General Business (C-5) District on 11.2 acres
fronting approximately 270 feet on the north line of Hull
Street Road, approximately 420 feet east of Turner Road also
fronting approximately 370 feet on the east line of Turner
Road, approximately 280 feet north of Hull Street Road.
Density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general
commercial/light industrial and mixed use corridor uses. Tax
ID 765-698-Part of 9008.
Mr. Turner stated Mr. Gecker is requesting deferral of Case
08SN0235 to allow the Planning Commission time to work
through the Electronic Message Center Policy.
Mr. Kyle Dillaman, the applicant's representative, stated he
was in agreement with the recommendation.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred Case 08SN0235 to September 23, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0144
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS proposes Conditional Use and amendment of zoning
district map to permit a business (special events) incidental
to a dwelling unit on 22.6 acres known as 16216 Genito Road.
Density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
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suggests the property is appropriate for residential use of
2.0 units per acre or less. Tax ID 711-688-7172.
Mr. Turner presented a summary of Case 09SN0144 and stated
the Planning Commission and staff recommend approval subject
to the conditions.
Mr. Warren called for public comment.
Ms. Brenda Stewart inquired why the restrictions for this
request were more specific than requests which had been
approved in the past.
Mr. Turner stated the restrictions on the request are the
same as what had been approved on the request property
through previous zoning requests.
Ms. Durfee stated the restrictions were already on the
property, and a community meeting has been held with no
opposition expressed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 09SN0144 subject to the following conditions:
1. This Conditional Use shall be granted to and for John
McBride, exclusively, and shall not be transferable or
run with the land. (P)
2. This Conditional Use shall be limited to the operation
of a special events business. (P)
3. There shall be no additions or alterations to the
exterior of the structure to accommodate this use. (P)
4. One (1) freestanding sign, a maximum of six (6) square
feet in area, shall be permitted to identify this use.
(P)
5. The days and hours which the special events business may
be opened to the public and number of on-site special
events shall be as follows:
a. Fridays between 8:00 a.m. and 11:00 p.m.;
b. Saturdays between 10:00 a.m. and 11:00 p.m.;
c. From December 1 through December 31 events may be
held during the week from 4:00 p.m. until 11:00
p.m. except December 31 when the hours may extend
until 1:00 a.m.;
d. There shall be a maximum of six (6) Sunday events
per calendar year. Sunday events shall be limited
to between the hours of 10:00 a. m. and 11:00 p.m.
e. A maximum of fifty (50) events per year shall be
allowed. (P)
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6. There shall be no deliveries to the property before 9:00
a.m. or after 6:00 p.m. Deliveries shall be restricted
to Friday and Saturday only. (P)
7. Amplified sound equipment shall not exceed a noise level
of 50 dB(A), as measured at the boundaries of Tax ID
711-688-3114-7172. Within sixty (60) days of approval
of this request, information shall be submitted to the
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04/29/09
Planning Department for their review and approval to
confirm compliance with this condition. (P)
8. Any freestanding lighting shall not exceed twenty (20)
feet in height. (P)
9. Attendance at special events shall be restricted to a
maximum of 275 guests at any one (1) time. (P)
10. A minimum of one (1) security officer for each 100
persons shall be provided at all special events to
direct traffic into and out of the property and to
monitor the lawful conduct of guests attending the
event. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0158
In Dale Magisterial District, T.A. INVESTMENTS requests
Conditional Use Planned Development and amendment of zoning
district map to permit a contractor's office and exception to
paving requirements in an Agricultural (A) District on .7
acre known as 4107 Courthouse Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1-2.5 dwelling units per acre. Tax ID 749-
683-7179.
Mr. Turner presented a summary of Case 09SN0158 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Warren called for public comment.
Ms. Kristen Keatley, the applicant's representative, stated
she was in agreement with the recommendation.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved Case 09SN0158 and accepted the following proffered
conditions:
1. This use shall be limited to R.T. Avery III and/or
Raymond T. Avery IV for their use only and shall not be
transferable or run with the land. (P)
2. There shall be no signs to identify this use. (P)
3. There shall be no outside storage. (P)
4. There shall be no dumpsters. (P)
5. There shall be no deliveries by any vehicle exceeding
4,000 pounds net weight and having more than two (2)
axles. (P)
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09-280
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6. This use shall not be open to the public from 6:00 p.m.
to 7:00 a.m. Monday through Saturday. There shall be no
operations on Sunday. (P)
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7. Except for security lighting, there shall be no exterior
lighting. (P)
8. There shall be no additions or exterior alterations to
the structure to accommodate this use. (P)
9. The plan prepared by Balzer and Associates titled Avery
Courthouse Road - Minor Site Plan (O1PM0154) and dated
September 26, 2000 and revised October 25, 2000 and
submitted with the application, shall be considered the
Master Plan. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0174
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS proposes Conditional Use Planned Development and
amendment of zoning district map to permit an above-ground
water storage tank with communications tower use plus a
height exception in an Agricultural (A) District on 2.0 acres
fronting approximately 300 feet on the north line of Cosby
Road, approximately 840 feet west of Fox Club Parkway.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for public use. Tax ID 714-672-Part of 8571.
Mr. Turner presented a summary of Case 09SN0174 and stated
the Planning Commission and staff recommended approval
subject to the conditions.
Mr. John Harmon, the Board's agent, accepted the
recommendation.
Mr. Warren called for public comment.
There being no one to address this request, the public
hearing was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 09SN0174 subject to the following conditions:
1. In conjunction with the approval of this request, a ten
(10) foot exception to the 150 foot height limitation
for the water storage tank and communications tower use
shall be approved. (P)
2. Except where the underlying Agricultural (A) standards
exceed these requirements, development shall comply with
Emerging Growth District Standards for Corporate Office
(O-2) uses. (P)
(Note: This condition would require the screening of
mechanical equipment located on, or associated with, any
building from adjacent properties and public rights-of-
way. This condition would not require screening for the
tank structure or communication antennae.)
09-281
04/29/09
3. A fifty (50) foot buffer inclusive of required yards
shall be provided around the perimeter of the property.
Such buffer shall be landscaped in accordance with
Ordinance requirements for fifty (50) foot buffers. (P)
4. The base of the water tank shall be secured by a minimum
eight (8) foot high fence designed to preclude
trespassing. (P)
5. There shall be no signs permitted to identify the
communications tower use. (P)
6. The communications tower use shall only be permitted if
it is incorporated into the structure of the water
storage tank. Antennas and cables shall be mounted so
as to minimize their visual impact and any antennas
shall be mounted on the top of the tank. (P)
7. The water storage tank shall be grey or another neutral
color, acceptable to the Planning Department. The
communications equipment (antennas, mounting hardware,
cables, etc.) mounted on the outside of the water tank
structure shall be the same or similar color as the
tank. Except for security lighting over the access
doors at the base of the tank, the tank and
communications equipment shall not be lighted. (P)
8. At such time that any communications antenna or
equipment ceases to be used for communications purposes
for a period exceeding twelve (12) consecutive months,
the owner/developer of the communications tower use
shall dismantle and remove the antennas and all
associated equipment from the property. (P)
9. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved erosion control devices have been
installed. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09CW0263
In Clover Hill Magisterial District, MARTIN MARIETTA
AGGREGATES requests an exception to Section 19-232 of the
Chesapeake Bay Preservation Act requirements of the Zoning
Ordinance to permit encroachment into and/or elimination of
the Resource Protection Area (RPA) buffer along a perennial
flowing channel as a result of rerouting water flow around
the future expansion of the open quarry pit and associated
operations at 3500 & 3600 Warbro Road, within the Swift Creek
drainage basin. Tax IDs 736-683-Part of 3056; 737-683-Part of
2003.
Mr. Turner provided a summary of Case 09CW0263 and stated
staff recommended approval of the request.
09-282
04/29/09
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Mr. John Lain, the applicant's representative, accepted
staff's recommendation.
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Mr. Warren called for public comment.
Ms. Diana Parker, representing the Falls of the James Group,
requested more information regarding the water quality
relative to stream diversion through the request property.
There being no one else to address the request, the public
hearing was closed.
Mr. McElfish provided an overview of the applicant's request.
In response to Mr. Warren's question, Mr. McElfish stated
approval of this request will reduce the .possibility of
pollution downstream from the request property.
Mr. Lain stated diverting the stream will increase water
quality by removing it from the center of the property.
In response to Mr. Warren's question, Mr. Lain stated the
stream will be diverted through a buffer which contains
trees.
In response to Ms. Durfee's question, Mr. McElfish stated the
Nuttree Branch Creek is in good shape.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 09CW0263, subject to the following condition:
The mitigation measures outlined in the Major Water
Quality Impact Assessment Martin Marietta - Midlothian
Quarry, dated April 10, 2009, prepared by Townes Site
Engineering, shall be incorporated into the site plan
review process and implemented. The Department of
Environmental Engineering may approve alternative
mitigation measures if it is determined that such
alternatives will not increase impacts to the RPA or
downstream water bodies. (EE)
(NOTE: Approval of this exception does not convey any
privileges which would limit the imposition of all
pertinent ordinances and policy requirements.)
Ayes: Warren, Gecker, Jaeckle, and Holland.
Nays: Durfee.
08SN0267 (Amended)
In Bermuda Magisterial District, GERALD R. AND JANET P. WHITE
request rezoning and amendment of zoning district map from
Community Business (C-3) to General Business (C-5) of 4.5
acres plus Conditional Use Planned Development to permit
exceptions to Ordinance requirements on that tract plus an
existing zoned Community Business (C-3) tract totaling 8.4
acres located in the southwest quadrant of Milhorn Street and
Jefferson Davis Highway. Density of will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community
commercial/mixed use corridor use. Tax IDs 800-634-0291; and
09-283
04/29/09
800-635-0399, 0431, 0545, 0561, 0676 and 1091; and 800-636-
0013, 0613, 1008 and 1019.
Ms. Peterson presented a summary of Case 08SN0267 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions and staff recommended denial due
to the request not complying with the Plan and the setback
exceptions being inappropriate.
Mr. Dean Hawkins, the applicant's representative, provided a
summary of the request and stated the case has been expanded
to limit the number of entrances along Jefferson Davis
Highway.
Ms. Jaeckle expressed appreciation to Mr. Hawkins for working
with the Planning Commission.
In response to Ms. Durfee's question, Mr. Turner stated the
reason for the reduction of the setback is the width of the
property.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 08SN0267 and accepted the following proffered
conditions:
1. Textual Statement. The Textual Statement dated 25
February 2009 shall be considered the Master Plan. (P)
2. Uses. Uses located on the General Business (C-5)
properties shall be limited to the following:
a) Any use permitted by right or with restriction in
the Community Business (C-3) District.
b) Motor vehicle .rental, service and repair provided
that, except for minimal repairs necessary to allow
a vehicle to be moved into the service area of the
building, all repair activities and storage of new
or replaced repair materials shall occur inside the
building (s) (P)
3. Architectural Design. A minimum of seventy-five (75)
percent of each building exterior (whether front, side
or rear), exclusive of doors and windows, shall consist
of masonry. Further, no building exterior shall contain
corrugated and/or sheet metal. (P)
4. Dedication. Prior to any site plan approval or within
ninety (90) days of a request by the Transportation
Department, whichever occurs first,
a) Sixty (60) feet of right-of-way on the west side of
Jefferson Davis Highway (Route 1/301), as measured
from the centerline of Route 1/301, immediately
adjacent to the property, shall be dedicated, free
and unrestricted, to and for the benefit of the
County of Chesterfield. An additional ten (10)
foot wide permanent road construction and
maintenance easement, acceptable to the
Transportation Department adjacent to the ultimate
right-of-way and within the required setback, shall
be recorded in conjunction with this right of way.
(T)
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09-284
04/29/09
b) Thirty (30) feet of right-of-way on the south side
of Milhorn Street (State Route 1135), as measured
from the centerline of State Route 1135,
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the
benefit of the County of Chesterfield. (T)
5. Access. Direct vehicular access to and from the
property along Jefferson Davis Highway shall be limited
to two (2) entrance/exits. The exact. location of these
accesses shall be approved by the Transportation
Department. (T)
6. Public Road Improvements. In conjunction with the
initial development on the property, the developer shall
be responsible for the following:
a) Construction of a right turn lane on Route 1/301 at
each approved access;
b) Construction of a left turn lane along Route 1/301
at each approved access based on Transportation
Department Standards;
c) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
necessary for the road improvements described in
this Proffered Condition, the developer may
request, in writing, that the County acquire such
right-of-way as a public road improvement. All
costs associated with the acquisition of the right-
of-way shall be borne by the developer. In the
event the County chooses not to assist the
developer in acquisition of "off-site" right-of-
way, the developer shall be relieved of the
obligation to acquire "off-site" right-of-way and
shall provide the road improvements within the
available right-of-way as determined by the.
Transportation Department. (T)
7. Timbering Restriction. Except for timbering approved by
the Virginia Department of Forestry for the purpose of
removing dead and/or diseased trees, there shall be no
timbering on the property until a Land Disturbance
Permit has been obtained from the Department of
Environmental Engineering and the approved devices have
been installed. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
7.B. ADOPTION OF THE FY2010-FY2015 CAPITAL IMPROVEMENT
PROGRAM AND CHANGES TO THE FY2009 CAPITAL IMPROVEMENT
PROGRAM PROJECTS
Mr. Carmody stated given the discussion earlier, he is
prepared to answer any questions of the Board.
09-285
04/29/09
Mr. Warren stated he would like for the Budget and Audit
Committee to summarize their recommendations.
Mr. Holland stated the Budget and Audit Committee is in
agreement with the FY2010-FY2015 Capital Improvement program
and changes to the FY2009 Capital Improvement Program
projects, but would request clarification from Mr. Stegmaier.
Mr. Stegmaier stated the intention of the Board is to approve
the FY2010-FY2015 Capital Improvement Program with changes as
recommended by staff and that the Board appropriate funds as
follows: $48.2 million for the county Capital Improvement
Program; $58.1 million for the Utilities Capital Improvement
Program; and $51.4 million undesignated in the county Capital
Improvement Program; and approve the appropriations and
transfers as recommended for the FY2009 projects, and
increase in-debt interest earnings for debt service to free
up general fund dollars to be used for the transfer to the
Fire Logistics building project including the reductions in
funding for the Smith-Wagner building and the reduction of
$9,118,663 in debt that will not be issued for project
expenditures. He further stated the intentions of the Board
effectively approves the Capital Improvement Program as
required by the county charter and creates appropriation
authority, but does not appropriate any funds to the School
Board for school capital projects for 2010 at this time.
Mr. Gecker stated a joint meeting is scheduled with the
School Board and Board of Supervisors on May 7 to discuss the
School Board's priorities in terms of their Capital
Improvement Program. He further stated it is his belief
that, during this meeting, the Board will come to a better
understanding of Schools' priorities and how they intend to
meet those priorities. He stated the joint meeting will be a
time to discuss specific categories of expenditures,
referencing the middle school issue and expansion of middle
schools. He noted that he has not heard of any dissention
relative to the funding of renovation projects.
Ms. Durfee stated at the School Board Liaison Committee
meetings, concern was expressed relative to the capacity of
schools. She further stated the Budget and Audit and the
School Board Liaison Committees are comfortable with some of
the proposed renovations at schools, but there is an
overriding concern with capacity in the schools.
Ms. Jaeckle stated the Board of Supervisors is prepared to
work with the School Board to move items forward once an
agreement is made to ensure projects get started in a timely
manner.
Ms. Durfee stated information has been requested from the
School Board to allow for the Board making better decisions
in regards to the Capital Improvement Program.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the FY2010-FY2015 Capital Improvement Program with
changes as recommended by staff and appropriated funds as
follows: $48.2 million for the county Capital Improvement
Program; $58.1 million for the Utilities Capital Improvement
Program; and $51.4 million undesignated in the county Capital
Improvement Program; and approved the appropriations and
transfers as recommended for the FY2009 projects and interest
earnings that will be used for debt service in order to free
up general field budget to transfer to the Fire Logistics
Building Project, including the reductions in funding for the
Smith-Wagner building, and for debt that will not be issued
for that project and the Fire Logistics Building project, as
follows:
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09-286
04/29/09
A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS
FROM DESIGNATED ESTIMATED REVENUES FOR FY2010 FOR FISCAL
PLANNING PURPOSES FOR THE OPERATING BUDGETS AND THE CAPITAL
IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA
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BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the fiscal year beginning on the first day of July
2009 and ending on the thirtieth day of June 2010, the
following sections shall be adopted:
Sec. 1 The following designated funds and accounts shall
be appropriated from the designated estimated
revenues to operate and provide a capital
improvement program for the county. It is the
intent of the Board of Supervisors that general
property taxes levied on January 1, 2009, and due
December 5, 2009, be appropriated for FY2010.
General Fund
Estimated
Revenue:
Appropriations:
From Local Sources:
General Property Taxes
Other Local Taxes
Licenses, Permits, Fees
Fines, Forfeitures and Uses
of Money & Property
Service Charges
Miscellaneous and Recovered
Costs
From Other Agencies:
State and Federal
Other Financing Sources:
Reserves
Transfer from County Grants
Fund
Transfer from County
Capital Projects
Transfer from Vehicle &
Communications Maintenance
Fund
Transfer from Water
Operating Fund
Transfer from Wastewater
Operating Fund
Anticipated Fund Balance
7/1/09
Total Revenues
General Government
Administration of Justice
Public Safety
Public Works
Health and Welfare
Parks, Rec., Cultural
Community Development
Debt Service
Operating Transfers
09-287
FY2010
Amended
$365,777,600
88,933,100
4,773,900
6,147,300
29,937,500
13,829,900
134,767,700
13,443,900
690,900
926,800
11,800
2,455,100
2,600
53,495,000
$715,193,100
$47,922,600
$8,440,800
$140,084,300
$19,179,500
$67,180,600
$20,782,300
$14,986,500
$25,333,200
$317,351,700
04/29/09
Reserves $436,600
Ending Fund Balance,
6/30/2010 $53,495,000
Total General Fund: $715,193,100
*Plus encumbrances carried
forward in all funds in an
amount not to exceed $15
million, which will be
reappropriated into the
fiscal year beginning July 1,
2009. (See "Section 5")
Comprehensive Services Fund
Estimated Reimbursement, Colonial
Revenue: Heights $237,800
State Aid, Comprehensive
Services 4,500,000
State, Miscellaneous 150,000
Transfer from Social Services 445,200
Transfer from Schools 1,397,100
Transfer from General Fund 2,594,900
Use of Retained Earnings 175,000
Total Revenue $9,500,000
Appropriations: Operating Expenses $9,500,000
Total Appropriations $9,500,000
School Operating Fund
Estimated
Revenue: Local Sources $22,508,100
State 242,587,250
Federal 53,602,700
Use of Reserve 4,233,300
Transfer from School
Operating 649,150
Transfer from School Food
Service 800,000
Transfer from General Fund:
State Sales Tax 48,701,000
Local Taxes 238,239,000
Grounds Maintenance 2,161,000
Total General Fund $289,101,000
Beginning Fund Balance 1,000,000
Total Revenues, Transfers &
Reserves $614,481,500
Appropriations: Instruction 410,493,073
Administration / Attendance &
Health 19,644,928
Pupil Transportation 28,879,054
Operations & Maintenance 59,183,224
Technology 10,832,321
Debt Service 47,909,500
Food Service 20,550,000
Grounds Maintenance 2,161,000
Transfer and Reserve for
School Capital Projects 14,828,400
Total Appropriations $614,481,500
Schools - Appomattox Regional Governor's
School Fund
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09-288
04/29/09
Estimated
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Revenue: Local Sources $2,586,900
State 1,099,700
Total Revenues, Transfers and
Reserves $3,686,600
Appropriations Education $3,686,600
Total Appropriations $3,686,600
County Grants Fund:
Estimated
Revenue: From Other Governments $10,161,100
From the General Fund 2,831,100
Total Revenue $12,992,200
Adult Drug Court Grant
Appropriations: (Commonwealth's Attorney) $743,900
Clerk of the Circuit Court -
Technology Trust Fund 154,900
Community Corrections
Services:
Domestic Violence
Resource Center 98,900
Domestic Violence Victim
Advocate (V-STOP) 50,900
Dual Treatment Track
(SAMHSA) 173,000
Options 74,000
Pretrial 470,400
Post Trial 1,843,400
Community Development Block
Grant 1,707,500
Community Services Board Part
C Grant 732,600
Domestic Violence Prosecutor 98,900
Families First 524,500
Fire & EMS Revenue Recovery 3,740,000
Juvenile Drug Court Grant 486,000
Litter Grant 26,000
Police - Domestic Violence
Coordinator 45,000
USDA Juvenile Detention Grant 75,000
USDA Youth Group Home Grant 8,200
Victim/Witness Assistance 480,400
VJCCCA 1,458,700
Total Appropriations $12,992,200
County CIP Fund
Estimated
Revenue: Lease/Purchase Proceeds $1,252,000
General Obligation Bonds 19,289,200
Transfer from General Fund 13,946,400
Transfer from Cash Proffers 2,863,100
Cash Proffers 2,863,100
Grants 241,000
Other / Interest Earnings 12,530,000
Total Revenue $52,984,800
Appropriations: County Capital Projects $47,761,000
Transfer to Schools $2,160,700
Transfer from Cash Proffers 2,863,100
09-289
04/29/09
to Capital Projects
Transfer to the General Fund
Total County CIP Funds
Undesignated CIP Fund
Estimated
Revenue: Bond Proceeds
Transfer from Cash Proffer
Fund
State Technology Fund
CIP reserve
Total Revenue and Transfers
Appropriations: Undesignated Capital Projects
Total Appropriations
Vehicle and Communications Maintenance
Estimated
Revenue: Fleet Management Charges
Radio Shop Charges
Total Revenue
Appropriations: Fleet Management Operations
Radio Shop Operations
Total Appropriations
Capital Projects Management Fund
Estimated
Revenue: Reimbursement for Services
Total Revenue
Construction Management
Appropriations: Operations
Total Appropriations
Risk Management Fund
Estimated
Revenue: Operating Revenues
Beginning Retained Earnings
Total Revenue
Appropriations: Risk Management Operations
Ending Retained Earnings
Total Appropriations
Airport Fund
Estimated
Revenue: Federal Grant
State Grant
Operating Revenue
Transfer from General fund
Total Revenue
Appropriations: Airport Operations
Airport Capital Improvements
Total Appropriations
09-290
200,000
$52,984,800
$32,598,000
2,160,700
1,851,500
14,828,400
$51,438,600
$51,438,600
$51,438,600
17,335,600
2,212,200
$19,547,800
17,335,600
2,212,200
$19,547,800
$859,300
$859,300
$859,300
$859,300
$7,845,100
4,762,400
$12,607,500
$7,895,100
4,712,400
$12,607,500
$427,500
13,500
707,800
84,000
$1,232,800
$782,800
450,000
$1,232,800
04/29/09
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Utilities Funds
Estimated
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Revenue: Service Charges $64,890,000
Capital Cost Recovery Charges 13,118,000
Hydrant/Fire Protection 2,452,600
Other Revenue 11,165,200
Anticipated Future Revenue 44,431,300
Total Revenue $136,057,100
Appropriations: Operations $57,605,000
Debt Service 17,873,500
Transfer to Capital
Improvement Projects 58,126,000
Payment in Lieu of Taxes 2,452,600
Total Appropriations $136,057,100
Utilities Capital Pro'ect Funds
Estimated Transfer from
Revenue: Improvement/Replacement Fund $58,126,000
Total Revenue $58,126,000
Appropriations: Capital Projects $58,126,000
Total Appropriations $58,126,000
Sec. 2 Appropriations in addition to those contained in
the general appropriation resolution may be made by
the Board only if there is available in the fund an
unencumbered and unappropriated sum sufficient to
meet such appropriations.
Sec. 3 The County Administrator may, as provided herein,
except as set forth in Sections 7, 12, 13, 14, 15,
16 and 18, authorize the transfer of any
unencumbered balance or portion thereof from one
classification of expenditure to another within the
same department or appropriation category. The
County Administrator may transfer up to $50,000
from the unencumbered appropriated balance of one
appropriation category to another appropriation
category. No more than one transfer may be made
for the same item causing the need for a transfer,
unless the total amount to be transferred for the
item does not exceed $50,000.
Sec. 4 The County Administrator may increase
appropriations for non-budgeted revenue that may
occur during the fiscal year as follows:
a) Insurance recoveries received for damage to
any county property, including vehicles, for
which County funds have been expended to make
repairs.
b) Refunds or reimbursements made to the county
for which the county has expended funds
directly related to that refund or
reimbursement.
c) Revenue not to exceed $50,000.
Sec. 5 All outstanding encumbrances, both operating and
capital, in all county funds up to $15 million, at
June 30, 2009 shall be an amendment to the adopted
budget and shall be reappropriated to the 2009-2010
fiscal year to the same department and account for
09-291
04/29/09
which they were encumbered in the previous year. At
the close of the fiscal year, all unencumbered
appropriations lapse for budget items other than:
capital projects; general fund transfers for
capital projects and grants; construction reserve
for capital projects; reserves for county and
school future capital projects; other reserves;
District Improvement Funds; donations restricted to
specific purposes; federal and state grants, PPTRA
revenues; other revenue and program income; revenue
recovery funds; Title IV-E funds; cash proffers;
all tax revenues received for special assessment
districts and interest earnings thereon; Economic
Development incentive funds; actual transient
occupancy tax revenues received and budgeted
expenditures in connection with the Richmond
Convention Center; and refunds for off-site and
oversized water and wastewater facilities.
Sec. 6 Appropriations designated for capital projects will
not lapse at the end of the fiscal year. The County
Administrator may approve transfers between funds
to enable the capital projects to be accounted for
correctly. Upon completion of a capital project,
staff is authorized to close out the project and
transfer any remaining balances to the original
funding source. The County Administrator may
approve construction contract change orders up to
an increase of $49,999 and approve all change
orders for reductions to contracts. The Board of
Supervisors must approve all change orders of
$50,000 or more or when the aggregate of all
changes to a contract exceeds 10% of the original
contract amount or 20o if the original contract is
for less than $500,000.
Sec. 7 The County Administrator is authorized to approve
transfers among Utilities funds and capital
projects as long as funding sources are consistent
and total net appropriation is not increased.
Should the actual contract price for a project be
less than the appropriation, the County
Administrator may approve the transfer of excess
funds back to the original funding source upon
completion of the project.
Sec. 8 Upon completion of a grant program, the County
Administrator is authorized to close the grant and
transfer balances back to the funding source. The
County Administrator is authorized to reprogram
Community Development Block Grant funds by closing
program cost centers and transferring funding to
newly approved programs based on adoption by the
Board of Supervisors.
Sec. 9 The County Administrator may reduce revenue and
expenditure appropriations related to programs,
functions, or departments funded all or in part by
the Commonwealth of Virginia and/or the federal
government to the level approved by the responsible
state or federal agency.
Sec. 10 The Director of Accounting is authorized to make
transfers to various funds for which there are
transfers budgeted. The Director shall transfer
funds only as needed up to amounts budgeted, or in
accordance with any existing bond resolutions that
specify the manner in which transfers are to be
made.
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09-292
04/29/09
Sec. 11 The Treasurer may advance monies to and from the
various funds of the county to allow maximum cash
flow efficiency. The advances must not violate
county bond covenants or other legal restrictions
that would prohibit such an advance. The Treasurer
may also advance cash in support of employee
benefit accounts.
Sec. 12 The County Administrator is authorized to make
expenditures from Trust & Agency Funds for the
specified reasons for which the funds were
established. In no case shall the expenditure
exceed the available balance in the fund.
Sec. 13 The County Administrator is authorized to transfer
among appropriation categories and/or appropriate
funds in excess of $50,000 for supplemental
retirement, Workers' Compensation, healthcare for
retirees and other compensation-related costs, as
well as for transfers to cover energy/fuel costs.
Sec. 14 The County Administrator may appropriate revenues
and increase expenditures in excess of $50,000 for
funds received by the county from asset forfeitures
for expenditures related to drug enforcement or
other allowable expenditures. The balance of these
funds shall not lapse but be carried forward into
the next fiscal year.
Sec. 15 The County Administrator may increase the general
fund appropriation in the School Operating Fund
contingent upon availability of funds and other
circumstances, based on the following schedule:
a) Increase general fund transfer/appropriation
on December 15 by $3,000,000.
b) Increase general fund transfer/appropriation
on February 15 by $3,000,000.
c) Increase general fund transfer/appropriation
on May 5 by $3,000,000.
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Sec. 16 The County Administrator is authorized to
reallocate funding sources for capital projects,
arbitrage rebates/penalties, and debt service
payments and to appropriate bond interest earnings
to minimize arbitrage rebates/penalties, including
the appropriation of transfers among funds to
accomplish such reallocations. Budgets for
specific capital projects will not be increased
beyond the level authorized by Sections 3 and 4.
Sec. 17 Salaries for Planning Commissioners will be
increased equivalent to the merit increase county
employees are eligible for. The effective date for
pay increases, including the Planning Commission
and the Board of Supervisors, may cross fiscal
years.
Sec. 18 The County Administrator is authorized to approve
transfers among funds and capital projects as long
as total net appropriation is not increased.
Sec. 19 The Utilities Department rate stabilization reserve
shall be maintained as per guidelines outlined
below:
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a) The minimum annual contribution to the reserve
will be 50% of the previous year's
depreciation on fixed assets.
b) The annual contribution to the reserve will
continue until 100% of accumulated
depreciation on the fixed assets is funded.
If at the beginning of a fiscal year a reserve
balance exceeds 100% of accumulated
depreciation, a reduction in the annual
contribution may be considered.
c) Funds cannot be used from the rate
stabilization reserve if the balance falls
below 25% of that utility's fixed asset
accumulated depreciation, other than for
Utility internal borrowing purposes.
d) The declaration of a financial emergency by
the Director of Utilities and a corresponding
four-fifths vote by the Board of Supervisors
at a publicly advertised meeting declaring the
existence of such an emergency is required to
suspend Sec. 19a, Sec. 19b, and Sec. 19c.
Sec. 20 Upon adoption of this resolution, the School Board
and/or the School Superintendent may make
expenditure and revenue changes within the school
fund as follows:
a) Transfers of $50,000 or less are subject to
the approval of the Superintendent.
b) Transfers of $50,001 to $499,999 require the
approval of the Superintendent and the School
Board.
c) Transfers of $500,000 or more require the
approval of the Superintendent, the School
Board, and the Board of Supervisors.
The School Board and/or the School Superintendent
shall prepare a budget status report reflecting
changes to the approved school budget between
appropriation categories, as amended, and the
report shall be presented to the County
Administrator quarterly.
Sec. 21 In accordance with the requirements set forth in
Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of
the Code of Virginia, as amended by Chapter 1 of
the Acts of Assembly (2004 Special Session 1) and
as set forth in Item 503.E (Personal Property Tax
Relief Program) of Chapter 951 of the 2005 Acts of
Assembly, any qualifying vehicle situated within
the County commencing January 1, 2006, shall
receive personal property tax relief in the
following manner:
a) Personal use vehicles valued at $1,000 or less
will be eligible for 1000 tax relief;
b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 65% tax relief;
c) Personal use vehicles valued at $20,001 or
more shall receive 65o tax relief on the first
$20,000 of value;
d) All other vehicles which do not meet the
definition of "qualifying" (business use
vehicles, farm use vehicles, motor homes,
etc.) will not be eligible for any form of tax
relief under this program.
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Pursuant to authority conferred in Item 503.D
of the 2005 State Appropriations Act, the
County Treasurer shall issue a supplemental
personal property tax bill in the amount of
100 percent of tax due without regard to any
former entitlement to state PPTRA relief, plus
applicable penalties and interest, to any
taxpayer whose taxes with respect to a
qualifying vehicle for tax year 2005 or any
prior tax year remain unpaid on September 1,
2006, or such date as state funds for
reimbursement of the state share of such bill
have become unavailable, whichever occurs
first.
e) Penalty and interest with respect to bills
issued pursuant to this section shall be
computed on the entire amount of tax owed.
Interest shall be computed at the rate
provided in Section 9-51 of the county code
from the original due date of the tax.
Sec. 22 The County Administrator is authorized to reduce a
department's current year budget appropriation by a
dollar amount equal to the prior year's
overspending inclusive of encumbrances carried
forward.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO
CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION
prevention.
Mr. Covington stated this date and time had been advertised
for a public hearing for the Board to consider amending the
County Code relating to cross-connection control and backflow
Mr. Warren called for public comment.
There being no one to address this issue, the public hearing
was closed.
On motion of Mr. warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY DELETING SECTIONS 18-131, 1$-132, 18-
133, 18-134, 18-135, 18-136, 18-137 AND 18-138 AND BY ADDING
AND ENACTING SECTIONS 18-139, 18-140, 18-141, 18-142, 18-143,
18-144, 18-145, 18-146 AND 18-147 RELATING TO CROSS
CONNECTION AND BACKFLOW PREVENTION AS THEY RELATE TO THE
COUNTY'S WATER SUPPLY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-131, 18-132, 18-133, 18-134, 18-135,
18-136, 18-137 and IS-138 of the Code of the County of
Chesterfield, 1997, as amended, are deleted and Sections 18-
139, IS-140, 18-141, 18-142, IS-143, 18-144, 18-145, 18-146
and 18-147 are added and enacted to read as follows:
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ARTICLE V. CROSS-CONNECTION CONTROL
AND BACKFLOW PREVENTION*
Section 18-139. Definitions
For the purposes of this article, the following terms
shall have the following meanings:
(a) Auxiliary Water System: Any water source, supply,
system, equipment, unapproved water system or approved
public water system that is intended to supplement the
county or customers potable water supply system.
Auxiliary waters include, but are not limited to, water
from another jurisdiction's public potable water system,
a well, cistern, stream, spring, pond, lake, river,
water storage tank or container, or other water which
the county does not control.
(b) Backflow: The reverse of the normal flow of water or
other liquids, mixtures or substances through the
distributing pipes of any water system because of an
increase or decrease in pressure.
(c) Backflow preventer, backflow prevention method, backflow
prevention assembly or backflow prevention device:
Techniques or mechanisms specifically designed and
manufactured to prevent backflow. Examples include, but
are not limited to, a physical separation called an
"airgap", and mechanical valves called the "reduced
pressure principal assembly", the "double check valve
assembly" the "pressure vacuum breaker", and the
"atmospheric vacuum breaker".
(d) Backpressure: The reverse of the normal flow of water
or other liquids, mixtures or substances through the
distributing pipes of the water system because of an
increased or positive pressure.
(e) Back-siphonage: The reverse of the normal flow of water
or other liquids, mixtures or substances through the
distributing pipes of the water system because of a
reduced or negative pressure.
(f) Consumer: Any individual who drinks or uses potable
(drinking) water.
(g) Contamination: The introduction or presence of any
foreign substance into the potable water that creates a
hazard to human health.
(h) County Potable Water Supply System: The facilities,
equipment and conduits that distribute drinking water
including treatment plants, pump stations, pipes,
valves, hydrants, meters and other equipment that
produces, processes, conveys, measures and monitors
water provided to consumers for sanitary and irrigation
purposes and is owned, operated and maintained by the
County of Chesterfield.
* Editor's Note: The authority for this article is the
Waterworks Regulations, 12 VAC 5-590, Office of Water
Programs, Department of Health, Commonwealth of Virginia.
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(i) Cross-connection: Any existing or potential piping or
plumbing interconnection or structural arrangement
between a potable water supply and other source, supply
or system through which it is possible to introduce any
used water, industrial fluid, gas, process fluid, sewage
or other substance that has the potential to pollute or
contaminate the potable water.
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a
(j) Director: The director of utilities or the building
official, and any person designated by either or both of
them to act on their behalf.
(k) Owner: The owner, occupant or tenant responsible for
the piping, plumbing, equipment, processes, systems,
fixtures, appliances and water uses within a building,
structure or property, or for the water or sewer account
with the county.
(1) Owner's Potable Water Supply System: The water system,
equipment, piping, plumbing, and water .using appliances
and fixtures on the owner's property or within any
structure or building thereof, downstream of the water
meter and supplied by or in any manner connected to the
county potable water supply system.
(m) Plumbing fixtures: Receptacles, devices or appliances
that are installed to supply, carry, receive or
discharge water or wastewater.
(n) Plumbing system: Water ,supply and distribution pipes,
plumbing fixtures, traps, soil, waste and vent pipes,
building drains, building sewers, water-treating and
water-using equipment and connection devices, appliances
and appurtenances that supply, use, hold, contain, carry
or discharge water and wastewater to, throughout and
from an owner's building, structure or property.
(o) Pollution: The introduction or presence of any foreign
substance in the water that degrades its quality so as
to impair its usefulness but without presenting a health
hazard to the public.
(p) Water, potable: Water that is free from impurities and
contains chemical, biological and mineral quantities
which comply with the requirements of the Safe Drinking
Water Act and its amendments enacted by the United
States Environmental Protection Agency (USEPA), the
Waterworks Regulations promulgated by the Virginia
Department of Health, and the Code of the County of
Chesterfield, Virginia.
(q) Water, nonpotable: Water that is not safe for human
consumption, sanitary or culinary use.
Cross references: Definitions and rules of construction
generally, § 1-2.
Sec. 18-140. Purpose.
The purpose of this article is to protect the public
health by eliminating or controlling interconnections between
the public drinking water system and other systems, piping
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and plumbing that contain or may contain undesirable or
potentially harmful substances.
Sec. 18-141. Administration.
(a) The Chesterfield County Cross. Connection Control
and Backflow Prevention Program shall be approved and
regulated by the Virginia Department of Health, Office of
Water Programs and shall be administered by the Director;
(b) The Department of Building Inspections shall
administer and enforce the Uniform Statewide Building Code as
it applies to the program.
Sec. 18-142. Responsibilities.
(a) The director shall be authorized to carry out the
program in accordance with the minimum requirements of the
Waterworks Regulations;
(b) The director shall
appropriate action for water qu
operation and maintenance of the
system beginning at the water
service connection, or to the
jurisdiction;
be authorized to take
ality and the construction,
county potable water supply
source and ending at the
authorized extent of his
(c) The cross-connection program shall provide
primarily for containment of any potential pollutants or
contaminants at the water service connection. As an option
and in accordance with the Uniform Statewide Building Code,
the program shall also provide for isolation of any potential
pollutants or contaminants at individual points-of-use and
outlets within the owner's building, structure or property;
(d) The director shall be authorized, to the extent of
his jurisdiction, to continually identify and assess all
cross connection hazards to the county potable water supply
system. This may include an assessment of each building,
structure or property owner's potable water supply system for
cross connections, conducted at a frequency established by
the director or the Waterworks Regulations. Assessments may
be conducted through mailed questionnaires, telephone or on-
site interviews, or physical inspections as established in
the approved Cross Connection Control and Backflow Prevention
Program. Following the assessment the customer shall be
required to install and maintain backflow prevention methods,
assemblies or devices to prevent pollution or contamination
of the county or owner's potable water supply system, and to
protect the health, safety and welfare of the consumer;
(e) The director shall be authorized to promptly take
or cause corrective actions to confine and eliminate the
pollution or contamination of the county or owner's potable
water supply system, and the health, safety and welfare of
the consumer,. in the event backflow occurs. The director
shall be authorized to immediately notify the regional office
of the Department of Health by telephone and submit a written
report by the 10th day of the month following the month in
which the backflow occurred. The report shall address the
incident, its causes, effects, and preventive or control
measures necessary or taken;
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(f) The director shall be authorized to take positive
action at all times to ensure that the county potable water
supply system is adequately protected from cross connections
and backflow. If an unprotected or inadequately protected
cross connection exists, an existing backflow prevention
assembly or device is not maintained in accordance with
applicable regulations, codes, standards and procedures, or
the backflow of undesirable substances occurs into the county
potable water supply system, or if the owner's potable water
supply system causes the county potable water supply system
to be lowered to 10 psi or less, the director shall be
authorized to discontinue water service to the owner and not
restore the service until such time as the deficiencies have
been corrected or eliminated to the satisfaction of the
director;
(g) The director shall be authorized to notify the
owner of any cross connection downstream of the water service
connection that should be abated or controlled by the
installation of the appropriate backflow prevention method,
assembly or device applied at each point-of-use, isolating an
area, process, piping, equipment item or plumbing fixture
which may present a hazard to the owner's or county potable
water supply system;
(h) The Cross Connection Control Coordinator shall be
authorized to organize the program, supervise its operation,
prepare and maintain program documents, specifications and
procedures, conduct assessments and inspections, maintain
program records, provide information to the public as
requested or necessary, and provide assistance and guidance
to other county departments;
(i) The building official shall be authorized to carry
out portions of the program, as requested by the director and
in mutual agreement between the departments, and be
responsible for the construction of new buildings and
structures, and any alterations, additions, changes in
occupancy, and maintenance of existing buildings and
structures in accordance with the Uniform Statewide Building
Code;
(j) The owner shall, upon request, furnish the director
with pertinent information regarding a building, structure or
property's construction, use(s), water use(s), water-using
systems, processes, piping, plumbing and equipment for the
purpose of assessing existing or potential hazards to the
county potable water supply system, the owner's potable water
supply system, or the consumer if backflow were to occur. A
refusal to provide such information shall result in a high
degree of hazard assessment and require the immediate
installation of a backflow prevention method or assembly in
the potable water service to the building, structure or
property; and
(k) The owner shall, at his/her own expense, install,
operate, test and maintain the required backflow prevention
method, assembly or device. All appropriate backflow
prevention assemblies and devices shall be tested upon
installation, repair, replacement, and annually as a minimum,
by a Backflow Prevention Device Worker certified by the
applicable licensing and certification agency. The owner
shall provide the director with copies of test reports no
later than 30 days after completion of the work, and other
relevant information as requested. Such work shall be
performed by licensed and certified individuals as specified
in this and other applicable references.
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Sec. 18-143. Cross connections prohibited.
(a) The county potable water supply system shall be
designed, installed and maintained to prevent non-potable
liquids, solids or gases from being introduced into the
potable water supply through cross connections or any other
piping or plumbing interconnections or arrangements;
(b) Every building and structure shall be constructed,
equipped and maintained to eliminate or prevent the pollution
or contamination of the county potable water supply system
from cross connections and backflow; and
(c) No person shall allow a cross connection to exist
between the county potable water supply system and other
systems or equipment, piping, plumbing fixture or appliance
that. contains water or other substances of questionable
quality except when an approved backflow prevention method,
assembly or device is installed, has been approved by the
director, and is maintained in accordance with the applicable
regulations, codes, standards and procedures.
Sec. 18-144. Measures to prevent backflow.
(a) The owner shall install and maintain a backflow
prevention method or assembly on the water service line to a
building, structure or property in accordance with the
applicable regulations, codes, standards and procedures, or
when the director determines that it is necessary to
adequately protect the county potable water supply system
from cross connections or backflow, and to protect the
health, safety and welfare of the public.
(b) The owner shall install and maintain an approved
backflow prevention method, assembly or device on all
fixtures, equipment and outlets to prevent backflow in
accordance with the Uniform Statewide Building Code and other
applicable regulations, codes, standards and procedures or
when the director determines that a backflow preventer is
necessary to protect the county potable water supply system,
the owner's potable water supply system, and the health,
safety and welfare of the public.
(c) All cross connection control methods and backflow
prevention assemblies and devices shall be designed,
installed and maintained in accordance with this code and the
latest editions of the following:
(1) Waterworks Regulations, Virginia Department of
Health, Office of Water Programs;
(2) Uniform Statewide Building Code, Virginia
Department of Housing and Community Development;
(3) Cross Connection Control and Backflow Prevention
Program, Department of Utilities, Chesterfield
County, Virginia;
(4) Board for Contractors Regulations, Department of
Professional and Occupational Regulation;
(5) Individual License and Certification Regulations,
Board for Contractors, Department of Professional
and Occupational Regulation;
(6) Cross Connection Control Manual, Foundation for
Cross Connection Control and Hydraulics Research,
University of Southern California; and
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(7) Recommended Practice for Cross Connection Control
and Backflow Prevention, Manual of Water Supply
Practices M14, American Water Works Association.
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Sec. 18-145. Right of entry.
The director, bearing proper identification, shall have
the right to enter any and all buildings, structures or
properties during reasonable hours for the purpose of making
assessments of uses or hazards; for the purpose of
identifying and inspecting cross connections and Backflow
prevention methods, assemblies and devices; and reviewing
applicable records.
Sec. 18-146. Violations.
(a) The director shall send a notice of violation by
certified mail to any building, structure or property owner
found in violation of any section of this article. The owner
shall correct the deficiencies within 30 days of receipt of
the notice. Any certified letter not accepted by the owner
shall be deemed to have been received within 10 days of
mailing.
(b) If the owner fails to correct the deficiencies by
the deadline, water service to the building, structure or
property shall be denied or terminated. Water service shall
not be provided or restored until the deficiencies are
corrected to the satisfaction of the director; and
(c) If the pressure in the county potable water supply
system is reduced to 10 psi or lower, the director may take
whatever action he deems necessary to ensure that the county
potable water system is safe from pollution or contamination.
Sec. 18-147. Penalties.
Any person who knowingly violates any section of this
article or allows a Backflow prevention method, assembly or
device to be removed, bypassed, circumvented or inadequately
maintained, or if an unprotected or inadequately protected
cross connection to remain uncorrected after the expiration
deadline, shall be guilty of a misdemeanor and shall be
subject to a fine of not more than $2,500.00. Each day that
the violation continues shall be a separate violation.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18.B. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO THE
SEWER USE ORDINANCE FOR INDUSTRIAL WASTE DISCHARGES
Mr. Covington stated this date and time had been advertised
for a public hearing for the Board to consider amending the
County Code relating to the sewer use ordinance for
industrial waste discharges.
Mr. Warren called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following ordinance:
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AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-27, 18-91, 18-93, 18-95, 18-96,
18-97, 18-98, 18-99, 18-100, 18-101, 18-102, 18-103, 18-104,
18-105, 18-106, 18-107, 18-108, 18-109, 18-110, 18-111, 18-
112 AND 18-113, AND BY ADDING AND ENACTING SECTIONS 18-90,
18-114, 18-115, 18-116, 18-117, 18-118, 18- 119, 18-120,_18-
121, 18-122 AND 18-123 RELATING TO INDUSTRIAL WASTE DISCHARGE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-27, 18-91, 18-93, IS-95, 18-96, 18-97,
18-98, 18-99, 18-100, 18-101, 18 -102, 18-103, 18-104, 18-105,
18-106, 18-107, 18-108, 18-109, 18-110, 18-111, 18-112 and
18-113, are amended and re-enacted, and sections 18-90, 18-
114, 18-115, 18-116, 18-117, 18- 118, 18- 119, 18-120, 18-121,
18-122 and 18-123 are added an d enacted to the Code of the
County of Chesterfield, 1997, as amended, to read as follows:
Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2008, the
consumer shall pay charges for utility service in accordance
with the following schedules:
0 0 0
(b) Ancillary charges.
Type Charge
(1) Portable water meter $750.00
deposit
Bacteriological test for
(2) 23.50
new construction, per test
(3) Meter testing charges:
(i) 5/8-inch 30.00
(ii) 1-inch 30.00
(iii) 1 1/2-inch 40.00
(iv) 2-inch 40.00
Meters that are
larger than two
(v) inches will be
charged the actual
cost of the test
Customer cost charge plus
capacity costs charge for
(4) Temporary voluntary meter each billing period of
disconnection fee disconnection, plus service
reconnection fee
BOD Surcharge Rate (RBOD) _
$0.23/lb
TSS Surcharge Rate (RTSS) _
$0.13/lb
(5) Strong waste surcharge
TN Surcharge Rate (RTT,) _
$0.00/lb
TP Surcharge Rate (RTP) _
$0.00/lb
(6) Septage dumping charge $25.00 per 1,000 gallons
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Sec. 18-90. Purpose and Policy.
This ordinance sets forth uniform requirements for the
Industrial Users of Chesterfield County and enables the
County to comply with all applicable State and Federal laws,
including the Clean Water Act and the General Pretreatment
Regulations 40 CFR 403 as amended. Users must comply with
state pretreatment standards, as set out at 9 VAC § 25-31-730
through 9 VAC § 25-31-900, as amended. The objectives of this
ordinance are:
(a) To prevent the introduction of pollutants into the
Publicly Owned Treatment works that will interfere
with its operations;
(b) To prevent the introduction of pollutants into the
Publicly Owned Treatment Works that will pass
through the Publicly Owned Treatment Works and be
discharged into the receiving waters, or otherwise
be incompatible with the Publicly Owned Treatment
Works;
(c) To protect Publicly Owned Treatment Works personnel
and the general public;
(d) To promote reuse and recycling of industrial
wastewater and sludge from the Publicly Owned
Treatment Work;
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(e) To enable Chesterfield County to comply with the
National Pollutant Discharge Elimination System
permit conditions, sludge use and disposal
requirements, and any other applicable Federal or
State laws.
Sec. 18-91. Definitions.
(a) For the purposes of this article the following
terms shall have the following meanings:
(1) Act, Clean Water Act: The term Act means Federal
Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et
seq.
(2) Authorized or Duly Authorized Representation of the
User:
(a) If the User is a corporation:
(i) The president, secretary, treasurer, or a
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,
provided the manager is authorized to
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make management decisions that govern the
operation of the regulated facility
including having the explicit or implicit
duty of making major capital investment
recommendations, and initiate and direct
other comprehensive measures to assure
long-term environmental compliance with
environmental laws and regulations; can
ensure that the necessary systems are
established or actions taken to gather
complete and accurate information for
individual wastewater discharge permit or
general permit requirements; and where
authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures.
(b) If the User is a partnership or sole
proprietorship, a general partner or
proprietor, respectively.
(c) 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
their designee.
(d) The individuals described in paragraphs A
through C, above, may designate a Duly
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 company, and the written authorization is
submitted to Chesterfield County.
(3) BOD or biochemical oxygen demand: The amount of
oxygen that is used in the biochemical oxidation of
organic matter, under standard laboratory
procedure, in five days at 20 degrees Celsius,
expressed in parts per million.
(4) Best Management Practices or BMPs: Schedules of
activities, prohibitions of practices, maintenance
procedures, and other management practices to
implement the prohibitions listed in Sect 18-93.
_ BMPs include treatment requirements, operating
procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
[Note: BMPs also include alternative means (i.e.,
management plans) of complying with, or in place of
certain established categorical Pretreatment
Standards and effluent limits].
(5) Categorical standards: Standards, regulations or
industrial waste discharge limits that have been
promulgated by EPA in accordance with section
307(b) and (c) of the federal Clean Water Act.
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(6) EPA: The United States Environmental Protection
Agency.
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(7) Fats, Oils, and Greases: Organic polar compounds
derived from animal and/or plant sources that
contain multiple carbon chain triglyceride
molecules. These substances are detectable and
measurable using analytical test procedures
established in 40 CFR 136, as amended from time to
time.
(8) Garbage: Solid waste and residue that is a by-
product of preparing, cooking, handling, storing,
selling or dispensing food or food products.
(9) Grease Trap or Interceptor: A device for
separating and retaining waterborne Greases and
Grease complexes prior to the wastewater exiting
the trap and entering the sanitary sewer collection
and treatment system. These devices also serve to
collect settleable solids, generated by and from
food preparation activities, prior to the water
exiting the trap and entering the sanitary sewer
collection and treatment system. Grease Traps and
Interceptors are sometimes referred to herein as
"Grease Interceptors".
(10) Indirect Discharge: The introduction of pollutants
into Chesterfield County's sewerage system from any
nondomestic source.
(11) Industrial user: Any consumer who discharges
industrial waste into the county's wastewater
system.
(12) Industrial waste: All waterborne solids, liquids
or gaseous waste that is produced (i) by
industrial, manufacturing, trade, business or food
processing operations or processes, (ii) by the
development of a natural resource or (iii) by any
combination of (i) or (ii) with water or domestic
water that is not normal domestic wastewater.
(13) Interference: A discharge that, alone or in
conjunction with a discharge or discharges from
other sources, inhibits or disrupts Chesterfield
County's sewerage system, its treatment processes
or operations or its sludge processes, use or
disposal; and therefore, is a cause of violation of
Chesterfield County's VPDES permit or of the
prevention of sewage sludge use or disposal in
compliance with any of the following
statutory/regulatory provisions or permits issued
there under, or any more stringent State or local
regulations: section 405 of the Act; the Solid
Waste Disposal Act, including Title II commonly
referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations
contained in any State sludge management plan
prepared pursuant to Subtitle D of the Solid Waste
Disposal Act; the Clean Air Act; the Toxic
Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
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(14) Local limits: The limits in concentration or
quantity of pollutants that the director
establishes for industrial waste discharges in
accordance with 40 CFR 403.5.
(15) Medical Waste: Isolation wastes, infectious agents,
human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
(16) Minimum Design Capability: The design features of a
Grease Interceptor and its ability or volume
required to effectively intercept and retain
Greases from grease-laden wastewaters discharged to
the public sanitary sewer.
(17) Natural outlet: Any outlet into a watercourse,
pond, ditch, lake or other body of surface water or
groundwater.
(18) New Source:
(a) Any building, structure, facility, or installation
from which there is (or may be) a discharge of
pollutants, the construction of which commenced
after the publication of proposed pretreatment
standards under Section 307 (c) of the Act which
will be applicable to such source if such standards
are thereafter promulgated in accordance with that
section, provided that:
(i) The building, structure, facility, or
installation is constructed at a site at which
no other source is located; or
(ii) The building, structure, facility, or
installation totally replaces the process or
production equipment that causes the discharge
of pollutants at 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 these are
substantially independent, factors such as the
extent to which the new facility is integrated
with the existing plant, .and the extent to
which the new facility is engaged in the same
general type of activity as the existing
source, should be considered.
(b) Construction on a site at which an existing source
is located results in a modification rather than a
new source if the construction does not create a
new building, structure, facility, or installation
meeting the criteria (1)(b) or (c) of this section
but otherwise alters, replaces, or adds to existing
process or production equipment.
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(c ) Construction of a new source as defined under this
paragraph has commenced if the owner or operator
has:
(i) Begun, or caused to begin, as part of a
continuous onsite construction program:
(a) Any placement, assembly, or installation
of facilities or equipment; or
(b) Significant site preparation work
including clearing, excavation, or
removal of existing buildings,
structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
(ii) Entered into a binding contractual obligation
for the purchase of facilities or equipment
which are intended to be used in its operation
within a reasonable time. Options to purchase
or contracts which can be terminated or
modified without substantial loss, and
contracts for feasibility, engineering, and
design studies do not constitute a contractual
obligation under this paragraph.
(19) Oil/Water Separator: An automatic or manual device
designed to separate and retain oil and other light
density volatile liquids from normal waste for
proper disposal, rendering or recycling and also
permits normal sewer and liquid wastes to discharge
into the sewer system by gravity.
(20) Parts per million: A weight-to-weight
concentration ratio; the parts per million value
multiplied by the factor 8.345 shall be equivalent
to pounds per million gallons of water.
(21) Pass Through: A discharge which exits Chesterfield
County's sewerage system into waters of the United
States in quantities or concentrations which, alone
or in conjunction with a discharge or discharges
from other sources, is a cause of a violation of
any requirement of Chesterfield County's VPDES
permit, including an increase in the magnitude or
duration of a violation.
(22) Permit: A permit to discharge industrial waste
that is issued by the county.
(23) pH: The logarithm (base 10) of the reciprocal of
the hydrogen ion concentration of a solution as
determined by one of the procedures contained in 40
CFR 136.
(24) Point of discharge: The point at which waste is
discharged to the wastewater system.
(25) Pretreatment: The reduction of the amount of
pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in
wastewater prior to, or in lieu of, introducing
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such pollutants into Chesterfield County. This
reduction or alteration can be obtained by
physical, chemical, or biological processes; by
process changes; or by other means, except by
diluting the concentration of the pollutants unless
allowed by an applicable Pretreatment Standard.
~(26) Pretreatment Standards or National Pretreatment
Standards or Standards: Pretreatment Standards
shall mean Prohibited Discharge Standards,
Categorical Pretreatment Standards, and local
Limits as established by Chesterfield County.
(27) Properly shredded garbage: Garbage that has been
shredded so that all of its particles will be
carried through the wastewater system under the
same flow conditions that usually exist in the
wastewater system, and with no particle greater
than one-half of an inch in any dimension.
(28) Sanitary sewer: A sewer which carries wastewater
and does not intentionally admit stormwater,
surface water, or groundwater.
(29) Septic Tank Waste: Any sewage from holding tanks
such as vessels, chemical toilets, campers,
trailers, and septic tanks.
(30) Sewer: A pipe or conduit that is used to collect
and carry wastewater or stormwater runoff from the
source that generated the wastewater to a
wastewater treatment plant or receiving stream.
(31) Sewerage: The system of sanitary sewers and
appurtenances which collect, transport, pump and
treat wastewater.
(32) Slug: Any discharge at a flow rate or
concentration, which could cause a violation of the
prohibited discharge standards. A Slug Discharge is
any Discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or
a non-customary batch Discharge, which has a
reasonable potential to cause Interference or Pass
Through, or in any other way violate Chesterfield
County's regulations, Local Limits or Permit
conditions.
(33) Significant Industrial User: Except as provided in
paragraph (33) (b) (i) and (33) (b) (ii) of this
section, the term Significant Industrial User
means:
(a) All Industrial Users subject to Categorical
Pretreatment Standards;
(b) .Any other Industrial User that: discharges an
average of 25,000 gallons per day or more of
process wastewater to Chesterfield County
(excluding sanitary, noncontact cooling or
boiler blowdown wastewater); contributes a
process wastestream that makes up five (5)
percent or more of the average dry weather
hydraulic or organic capacity of the treatment
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plant; or is designated as such by
Chesterfield County on the basis that the
industrial user has a reasonable potential for
adversely affecting Chesterfield County's
operation or for violating any pretreatment
standard or requirement.
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(i) Chesterfield County may determine that an
Industrial User subject to Categorical
Pretreatment Standards is a Non-
significant Categorical Industrial User
rather than a Significant Industrial User
on a finding that the Industrial User
never discharges more than hundred (100)
gallons per day of total categorical
wastewater (excluding sanitary,
noncontact cooling and boiler blowdown
wastewater, unless specifically included
in the Pretreatment Standard) and the
following conditions are met:
(a) the Industrial User, prior to
Chesterfield County's finding has
consistently complied with all
applicable categorical Pretreatment
Standard and Requirements;
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(b) the Industrial User annually submits
the certification statement required
in accordance with Section 18-114
together with any additional
information necessary to support the
certification statements; and
(c) the Industrial User never discharges
any untreated concentrated
wastewater.
(ii) Upon a finding that an Industrial User
meeting the criteria in paragraph (33)(b)
of this section has no reasonable
potential for adversely affecting
Chesterfield County's operation or
violating any Pretreatment Standards or
Requirements, Chesterfield County on its
own initiative or in response to a
petition received from an Industrial
User, determine that such Industrial User
is not a Significant Industrial User.
(34) Significant noncompliance: The term significant
noncompliance shall mean:
(a) Chronic violations of wastewater discharge
limits, defined here as those in which sixty-
six percent (66%) or more of wastewater
measurements taken during a six (6) month
period exceed the daily maximum limit or
average limit for the same pollutant parameter
by any amount;
(b) Technical Review Criteria (TRC) violations,
defined here as those in which thirty-three
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percent (33%) or more of wastewater
measurements taken for each pollutant
parameter during a six- (6) month period
equals or exceeds the product of the daily
maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS,
fats, oils and grease,. and 1.2 for all other
pollutants except pH);
(c) Any other discharge violation that [the
Superintendent] believes has caused, alone or
in combination with other discharges,
interference or pass through, including
endangering the health of POTW personnel or
the general public;
(d) Any discharge of pollutants that has caused
imminent endangerment to the public or to the
environment, or has resulted in [the
Superintendent's] exercise of its emergency
authority to halt or prevent such a
discharge;
(e) Failure to meet, within ninety (90) days of
the scheduled date, a compliance schedule
milestone contained in a wastewater discharge
permit or enforcement order for starting
construction, completing construction, or
attaining final compliance;
(f) Failure to provide within forty five (45) days
after the due date, any required reports,
including baseline monitoring reports, reports
on compliance with categorical pretreatment
standard deadlines, periodic self-monitoring
reports, and reports on compliance with
compliance schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s) which the director
determines will adversely affect the operation
or implementation of the local pretreatment
program.
(35) Storm sewer or storm drain: A sewer which carries
stormwater and surface water but not wastewater or
industrial waste.
(36) stormwater runoff: Rainfall that drains into storm
sewers.
(37) Suspended solids: Solid substances that either
float on the surface of, or are suspended in,
water, wastewater or other liquids, and which can
be removed by laboratory filtering. The amount of
suspended solids shall be determined in accordance
with 40 CFR 136.
(38) wastewater service charge: The charge imposed in
this chapter on all wastewater system consumers for
waste that does not exceed the strength of normal
domestic wastewater.
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(39) Wastewater treatment plant: Any group of devices
and structures that are used by the county for
treating wastewater.
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Sec. 18-93. Prohibited Discharge Standards - Substances that
may not be deposited in the sanitary sewer system.
No industrial user shall discharge or deposit any of the
following substances into the sanitary sewer system.
Pollutants, substances, or wastewater prohibited by this
section shall not be processed or stored in such a manner
that they could be discharged to Chesterfield County's
sewerage system by any industrial user:
(a) Any waste, liquid or vapor that has a temperature
higher than 150 degrees Fahrenheit or that will
increase the temperature of wastewater treatment
plant influent to higher than 104 degrees
Fahrenheit; or which will inhibit biological
activity in the treatment plant resulting in
Interference.
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(c) Any gasoline, benzene,
solvent, non-biodegradable
oil or other flammable or
or gas or products of
amounts that will cause
Through.
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naphtha, hydrocarbon
cutting oil, petroleum
explosive liquid, solid
mineral oil origin, in
Interference or Pass
(f) Any water or waste that has a stabilized pH of
lower than 5.0 or higher than 12.0 or that contains
properties which could damage wastewater facilities
or the wastewater treatment plants or endanger
people who operate or maintain utility facilities.
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(i) Any noxious or malodorous gases, vapors, or fumes,
or any substance which could cause the evolution of
a noxious or malodorous gas when it is introduced
into a reducing environment.
^t-
(j) Any stormwater, surface water, groundwater, roof
runoff, or subsurface drainage, artesian well
water, condensate, deionized water, noncontact
cooling water, unless specifically authorized by
the director.
(k) Any radioactive isotope wastes or isotopes with a
concentration greater than federal regulations
allow.
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(o) Any pollutant that creates a hazard of fire or
explosion, including but not limited to
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wastestreams with a closed cup flashpoint of less
than 140 degrees Fahrenheit or 60 degrees Celsius
using test methods specified in 40 CFR 261.21, as
amended.
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(q) Pollutants which produce toxic gases, vapors or
fumes in a quantity that may endanger human health
and safety.
(r) Any trucked or hauled pollutants, except at
discharge points designated by Chesterfield County.
(s) Any trucked or hauled material that (i) constitutes
a hazardous substance pursuant to the Comprehensive
Environmental Response, Compensation and Liability
Act of 1980 (CERCLA), 42 U.S.C. § 101(14), et seq.,
and any regulations promulgated thereunder; (ii)
constitutes a hazardous waste pursuant to the
Resource Conservation and Recovery Act (RCRA), 42
U.S.C. § 6901, et seq., and any regulations
promulgated thereunder; or (iii) constitutes a
hazardous waste pursuant to the Superfund
Amendments and Reauthorization Act (SARA), 42
U.S.C. § 1104, et seq., and any regulations
promulgated thereunder.
(t) Medical waste, except when specifically authorized
by the director in an industrial wastewater
discharge permit.
(u) Detergents, surface-active agents or other
substances which may cause excessive foaming.
(v) Wastewater which causes or contributes to the
wastewater treatment plant's effluent failing a
toxicity test.
(w) Any other water or waste which violates
pretreatment standards or regulations when it is
discharged.
(x) Any other substance that is prohibited from being
discharged by federal regulations.
(y) Wastewater which contains perchloroethylene.
(z) Wastewater causing alone or in conjunction with
other sources, the treatment plant's effluent to
fail the toxicity test.
(aa) Sludge, screenings, or other residues from the
pretreatment of industrial wastes.
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Sec. 18-95. National Categorical Pretreatment Standards.
Industrial Users must comply
Pretreatment Standards found at 40 CFR
N, Parts 405-471 as amended.
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04/29/09
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(a) Where a categorical Pretreatment Standard is
expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the
Director may impose equivalent concentration or
mass limits in accordance with Federal and State
Pretreatment Regulations.
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(b) When the limits in a categorical Pretreatment
Standard are expressed only in terms of mass of
pollutant per unit of production, the Director may
convert the limits to equivalent limitations
expressed either as mass of pollutant discharged
per day or effluent concentration for purposes of
calculating effluent limitations applicable to
individual Industrial Users in accordance with
Federal and State Pretreatment regulations.
(c) when wastewater subject to a categorical
Pretreatment Standard is mixed with wastewater not
regulated by the same Standard, the Director shall
impose an alternate limit in accordance with
Federal and State Pretreatment Regulation.
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Sec. 18-96. Limitations on discharge of nondomestic wastes.
(a) No significant industrial user shall discharge
industrial waste into the sanitary sewer system unless he has
obtained an industrial waste discharge permit in accordance
with this article.
(b) No significant industrial user shall discharge
waste that contains a total mass quantity of BOD or suspended
solids that would unreasonably consume the capacity of the
wastewater treatment plant or its designed capability for
hydraulics, organic loading, or nutrient removal.
(c) Discharges by significant industrial users shall be
subject to the strong waste surcharge fee imposed by section
18-107 this article.
Sec. 18-97. Pretreatment of Wastewater.
Industrial Users shall provide wastewater treatment as
necessary to comply with this ordinance and shall achieve
compliance with all categorical Pretreatment Standards, Local
Limits, and the prohibitions set out in Section 18-93 of this
ordinance within the time limitations specified by EPA, the
State, or Chesterfield County, whichever is more stringent.
Any facilities necessary for compliance shall be provided,
operated, and maintained at the Industrial User's expense.
Detailed plans describing such facilities and operating
procedures shall be submitted to the Director for review, and
shall be acceptable to the Director before such facilities
are constructed. The review of such plans and operating
procedures shall in no way relieve the Industrial User from
the responsibility of modifying such facilities as necessary
to produce a discharge acceptable to Chesterfield County
under the provisions of this ordinance.
Sec. 18-98. Rate and volume of discharge of industrial
waste.
(a) It shall be unlawful to discharge a slug load of
industrial waste into the sanitary sewer system.
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(b) Whenever deemed necessary, the Director may require
Industrial Users to restrict their discharge during
peak flow periods, designate that certain
wastewater be discharged only into specific sewers,
relocate and/or consolidate points of discharge,
separate sewage waste streams from industrial waste
streams, and such other conditions as may be
necessary to protect Chesterfield County's sewerage
system and determine the Industrial User's
compliance with the requirements of this ordinance.
(c) The Director may require any person discharging
into Chesterfield County's sewerage system to
install and maintain, on their property and at
their expense, a suitable storage and flow-control
facility to ensure equalization of flow. An
individual wastewater discharge permit or a general
permit may be issued solely for flow equalization.
Sec. 18-99. Prohibition against dilution as treatment.
No industrial user shall dilute waste by increasing the
use of potable or process water to achieve compliance with a
pretreatment standard or requirement except when dilution is
expressly authorized by an applicable pretreatment standard
or requirement. The Director may impose mass limitations on
Users who are using dilution to meet applicable Pretreatment
Standards or Requirements or in other cases when the
imposition of mass limitations is appropriate.
Sec. 18-100. Permits for nonconforming discharges.
No significant industrial user shall discharge waste
that is prohibited by sections 18-93 through 18-96 into the
sanitary sewer system unless he has obtained an industrial
waste discharge permit from the director. The permit shall
set forth conditions that the significant industrial user
must meet to enable wastes to be safely accepted into the
system and to conform to all applicable regulations. The
permit shall require the industrial user to comply with all
local limits, categorical standards and any other federal
regulations. Obtaining a discharge permit does not relieve a
permittee of its obligation to comply with all federal and
state pretreatment standards or requirements or with any
other requirements of federal, state, and local law.
Sec. 18-101. Applying for permits to discharge industrial
waste.
(a) All significant industrial users who discharge
industrial waste or pollutants into the sanitary sewer system
shall obtain an industrial waste discharge permit from the
county. Significant industrial users shall submit an
application for a permit which: (i) identifies their
facilities including name and address of the facility and
owner(s); (ii) provides contact information, description of
activities, facilities, and plant production processes on the
premises; (iii) provides a thorough chemical analysis of the
waste that their facilities discharge, including the
concentration of BOD and suspended solids. The discharge
shall be representative of daily operations and shall be
analyzed in accordance with 40 CFR 136 protocols as amended;
(iv) describes flow data, including rates, time and duration
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as well as, the flows from regulated process streams and
other streams, as necessary, to allow use of the combined
wastestream formula; (v) describes the significant industrial
user's operations including a brief description of the
nature, average rate of production, standard industrial
classification of operation(s) schematic process diagram
showing points of discharge to Chesterfield County's sewerage
system from the regulated processes, types of waste
generated, list of all raw materials and chemicals used or
stored at the facility which are or could accidently or
intentionally be discharged, types and amounts of raw
material processed, 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; (vi) lists all other regulatory permits
that the significant industrial user has obtained; (vii)
provides location for measurements for pollutants that are
discharged or to be discharged by their operation; (viii)
provides the Categorical Pretreatment Standards applicable to
each regulated process any new categorically regulated
processes for Existing source; (ix) provides any requests
for a monitoring waiver for pollutant(s) neither present nor
expected to be present in the discharge in accordance with
federal and state pretreatment regulations; (x) makes the
certifications that are required by Federal and State
pretreatment regulations; (xi) provides all compliance
schedules required by Federal and State pretreatment
regulations; and (xii) provides any other information
required by the director.
(b) All significant industrial users shall apply for a
permit at least 60 days before they discharge industrial
waste into the sanitary sewer system.
(c) The director will evaluate the data furnished by
significant industrial user and may require additional
information. The director shall approve or disapprove all
applications within 30 days after the application is filed,
unless the director determines that the applicant is not a
significant industrial user and, therefore, is not required
to obtain a permit. The director shall issue a permit when an
application has been approved.
(d) An individual discharge permit shall be issued for
a specified time period not to exceed five (5) years. An
individual wastewater discharge permit may be issued for a
period less than five (5) years at the discretion of the
director.
(e) If the director determines at the time that the
permit is issued that the significant industrial user is not
complying with categorical standards, local limits or any
other. state or federal regulations, the significant
industrial user shall submit a compliance schedule within 90
days after the permit is issued. The compliance schedule
shall comply with the requirements of federal and state
pretreatment regulations. The director shall approve the
schedule for compliance if he determines that the schedule
adequately protects the integrity of the sanitary sewer
system and the public safety. Otherwise, the director shall
require the significant industrial user to modify the
compliance schedule. The compliance schedule shall require
the industrial user to comply with the terms and conditions
of the permit that is proposed in the compliance schedule
within the timeframe specified by the director. The director
may refuse to allow the industrial user to discharge waste
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until he had complied with all terms of the permit if the
director finds that the discharge is likely to pose an
immediate danger to the sanitary sewer system or the health,
safety and welfare of the public.
Sec. 18-102. Permits for non-conforming discharge;
pretreatment.
(a) The permit shall not approve a discharge of any
prohibited waste or pollutant into the sanitary sewer system,
pursuant to section 18-100, unless the significant industrial
user has pretreated the waste and regulated its flow so that
the waste will conform to local limits, categorical standards
and other federal regulations.
(b) Significant industrial users shall not employ any
method or procedure for pretreating industrial waste or
pollutants that have not been approved by the director.
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(e) All federal and state regulations for industrial
waste discharge shall be incorporated into permits issued in
accordance with this section.
(f) Permits may include the following conditions and
restrictions:
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(5) Specifications for monitoring programs which
may include sampling locations, frequency and
method of sampling, flow metering, number of
meters and standards for tests, and reporting
schedules and record keeping requirements.
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(11) Conditions that are deemed necessary to
prevent Pass Through or Interference, protect
the quality of the body of water receiving
the effluent, protect worker health and
safety, facilitate sludge management and
disposal.
(12) Description of Best Management Practices
(BMPs) to implement Local Limits and
prohibitive discharges.
(13) Development and implementation of waste
minimization plans to reduce the amount of
pollutants discharged.
(14) Surcharge for BOD, TSS, Total Phosphorus and
Nitrogen.
(15) Requirement to control Slug Discharge, if
determined by the director.
The director reserves the right to establish more
stringent Standards or Requirements on discharges
to Chesterfield County consistent with the purpose
of this ordinance.
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Sec. 18-103. Grease Interceptors and Oil/Water Separator
and Similar Oil & Grease Removal Devices.
(a) Requirements:
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(1) All Industrial Users that generate Oil &
Grease of animal or vegetable origin shall
install adequately sized Grease Interceptors
or other grease removing pretreatment
equipment as required by the Director. Grease
Interceptors shall be installed at the User's
expense, when such User operates a Cooking
Establishment. Grease Interceptors may also be
required in non-cooking or cold dairy and
frozen foodstuffs establishments and other
Industrial or commercial establishments when
it is deemed necessary by the Director for the
proper handling of liquid wastes containing
Grease.
(2) All Industrial Users which have lubricating
oil, cutting oil, kerosene, gasoline, naptha,
paraffin, trisodium phosphate and any other
light density or volatile oil or any other oil
of petroleum or mineral origin shall install
adequately sized Oil/Water separator or
similar device to remove the oil as required
by the Director.
(b) Design, Sizing, Operation and Maintenance:
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(1) No User shall allow wastewater discharge
concentration from any Grease Interceptor,
Oil/Water Separator or similar device to
exceed that specified in Section 18-94(b). All
Grease Interceptors, Oil/Water Separator or
similar device shall be of a type, design, and
capacity approved by the Department of
Building Inspection of Chesterfield County
and shall be readily and easily accessible for
User cleaning and County inspection. All such
Grease Interceptors, Oil/water Separator and
similar devices shall be serviced by User and
emptied of accumulated waste content as
required in order to maintain Minimum Design
Capability or effective volume of the Grease
Interceptor or similar devices.
(2) Industrial Users who are required to operate a
Grease Interceptor and/or Oil/water Separator
and/or similar device shall:
(a) Size the Grease Interceptor and Oil/Water
Separator in accordance with the
International Plumbing Code. The Grease
Interceptor sizing shall also consider
the type of food being prepared, seating
capacity, frequency of maintenance,
equipments connected to the trap and any
other pertinent factors.
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(b) Inspect the Grease Interceptor, Oil/Water
Separator or similar device every two
weeks if not sooner.
(c) Adequately cover the Grease Interceptor,
Oil/Water Separator and other similar
device to exclude storm water from
entering the sewer system.
(d) For Grease Interceptor, remove any
accumulated Grease cap and sludge pocket
as required at the Users expense. Grease
Interceptors shall be kept free of
inorganic solid materials such as grit,
rocks, gravel, sand, eating utensils,
cigarettes, shells, towels, rags, etc.,
which could settle into this pocket and
thereby reduce the effective volume of
the Grease Interceptor.
(e) Grease Interceptor,
shall be pumped out
minimum, when 80%
capacity is filled
and/or solids, or
basis as determined
User or the County.
Oil/Water separator
and cleaned, at a
of the retention
with oil & grease
on a more frequent
by the Industrial
(f) For Oil/Water Separator being used for
any vehicle wash facility, provide a grit
interceptor.
(g) Accept the following conditions: If any
skimmed or pumped wastes or other
materials removed from Grease Interceptor
are treated in any fashion onsite and
reintroduced back into the Grease
Interceptor as an activity of and after
onsite treatment, the User shall be
responsible for the attainment of
established Oil & Grease numerical limit
consistent with Section 18-93 (b) before
discharging into Chesterfield County's
sewerage system.
(h) Operate the Grease Interceptor, Oil/Water
Separator or similar device in a manner
to consistently achieve attainment of Oil
& Grease limit. "Consistently" shall mean
any wastewater sample taken from the
downstream side of the device shall be
subject to terms of numerical limit
attainment described in Section 18-93(b).
(i) Shall not connect the garbage disposal or
non-grease laden sources to the Grease
Interceptor or similar device.
(j) Shall evaluate the adequacy of the size
of Grease Interceptor or other similar
devices should the menu or seating
capacity changes and notify the
Department of Building Inspection of
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Chesterfield County in writing within two
weeks of the change.
(c) Record Keeping:
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(1) The Industrial User shall maintain a written
record of trap, Oil/Water Separator,
Interceptor or similar device maintenance for
three (3) years. All such records shall be
available for inspection by Chesterfield
County at all times.
(2) Shall maintain at its facility and practice
the Best Management Plan and/or Waste
Minimization Plan for Oil & Grease control
(3) Shall maintain a written Standard Operating
Procedure for that equipment posted in a
location accessible to all operating
personnel.
(d) Enforcement and Cost Recovery:
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(1) If at any time Chesterfield County's sewerage
system is obstructed that causes a -sewer
overflow to the extent that an impact on the
environment is realized and an overflow or
failure of the sanitary sewer collection
system to convey sewage can be attributed in
part or in whole to accumulation of Grease in
Chesterfield County's sewer main(s),
Chesterfield County will take appropriate
enforcement actions, as stipulated in the
County's approved Industrial Pretreatment
Enforcement Plan and Sewer Use Ordinance,
against the generator or contributor of such
Grease. Industrial User's shall reimburse
the County for all the cost associated with
cleaning the sewer system. The Industrial
User will also be liable for all the damages
to the environment, property and personnel as
a result of its grease contribution to the
sanitary sewer overflows.
(2) As a part of enforcement action, Chesterfield
County may require Supplemental Environmental
Projects to mitigate the environmental damage
done by Industrial Users not managing their
grease in accordance with Chesterfield
County's Sewer Use Ordinance.
(3) Existing Industrial Users that either do not
have Oil/Water Separator, Grease Interceptor
or other similar devices, or the existing
device is undersized shall be put on a
compliance schedule not to exceed six months
to comply with the requirements of this
Section.
Sec. 18-104. Compliance reports.
Any significant industrial user who must comply with a
categorical standard shall submit a report to the director
within 90 days after the date established in a compliance
schedule for final compliance, or if the significant
industrial user is discharging waste from a new source, he
shall submit the report within 90 days after the discharge
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begins. The report shall contain flow and pollutant
measurements, shall certify whether pretreatment standards
are being met consistently and, if they are not, shall
describe measures that will be implemented to meet the
categorical standards. All the information provided should
be in accordance with the requirements of federal and state
pretreatment regulations.
Sec. 18-105. Modification of permit.
(a) The director may modify a permit in order to insure
that the significant industrial user complies with changed
conditions, or with changes in local, state or federal
regulations. The director shall make modifications as soon as
possible after the changed conditions or regulations occur.
The director shall allow a significant industrial user a
reasonable period of time to comply with any modifications to
the permit, unless emergency conditions or governmental
regulations require earlier compliance. The director may
modify a permit if any of the following conditions occur:
(1) If there is a change of Chesterfield County's
system that requires either a temporary or
permanent reduction or elimination of authorized
discharge
(2) If there are violations of any terms or conditions
of the permit
(3) If there is a misrepresentation or failure to fully
disclose all relevant facts in the wastewater
discharge permit or in any required reporting.
(4) To correct typographical or other errors in the
permit.
(5) To reflect a transfer of facility ownership or
operation to a new owner or operator in accordance
with Section 18-107.
(b) Significant industrial users shall notify the
director in writing of any increases or changes in the volume
of flow or the nature of the pollutants in the industrial
waste discharge that is regulated by the permit. The director
may approve the increase or change subject to conditions or
he may disapprove the increase or change.
Sec. 18-106. Permit Transfer.
Individual discharge permits may be transferred to a new
owner or operator only if the permittee gives at least thirty
(30) days advance notice to the director and the director
approves the permit transfer. The notice must include a
written certification by the new owner or operator which:
(a) States that the new owner and/or operator has no
immediate intent to change the facility's
operations and processes ;
(b) Identifies the specific date on which the transfer
is to occur; and
(c) Acknowledges full responsibility for complying with
the existing individual wastewater discharge
permit.
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Sec. 18-107. Permit Revocation.
The director may revoke an individual wastewater
discharge permit for good cause including but not limited to
the following reasons:
(a) Failure to notify the director of significant
changes to the wastewater prior to the changed
discharge ;
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(b) Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge
application ;
(c) Falsifying self-monitoring reports and
certification statements ;
(d) Tampering with monitoring equipment ;
(e) Refusing to allow timely access to the facility
premises and records ;
(f) Failure to meet effluent limitations ;
(g) Failure to pay fines ;
(h) Failure to pay sewer charges ;
(i) Failure to meet compliance schedule ;
(j) Failure to complete wastewater discharge permit
application ;
(k) Failure to provide advance notice of the transfer
of business ownership of a permitted facility;
(1) Violation of any Pretreatment Standard or
Requirements, or any term of the permit or this
ordinance or
(m) When there is an imminent risk of injury to the
sewage system, to the health and welfare of the
public or environment.
Sec. 18-108. Permit Reissuance.
A significant industrial user with an expiring discharge
permit shall apply for individual permit reissuance by
submitting a complete permit application, a minimum of thirty
(30) days prior to the expiration of the User's existing
discharge permit.
Sec. 18-109. Measurement of volume of industrial waste.
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Sec. 18-110. Access for measurements.
(a) All industrial users shall construct, at their own
expense, a control manhole on the waste line from their
industrial and process operations in order to observe,
measure and sample the industrial waste that is being
discharged. The control manhole shall be constructed
downstream from any pretreatment facilities, holding tanks or
other approved works, and before the point of discharge. The
control manhole shall be designed and located in accordance
with requirements established by the director. The
significant industrial user shall maintain the control
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manhole in a safe, accessible and proper operating condition
at all times.
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Sec. 18-ili. Monitoring and recordkeeping.
(a) All significant industrial users shall analyze the
flow rate, flow volume, and concentrations of all
constituents of their industrial wastewater discharge. All
significant industrial users shall perform any other analysis
that is required by their permits, in accordance with the
terms and conditions of the permit and the provisions of this
article, unless the director at his/her discretion reduces
the frequency of self-monitoring for in accordance with
subsection (b) of this section.
(b) The director may at
frequency of self-monitoring
Significant Industrial Users.
his/her discretion reduce the
for Chesterfield County's
(c) All wastewater analyses shall be conducted in
accordance with 40 CFR 136 and amendments thereto, unless
otherwise specified in an applicable categorical Pretreatment
Standard. If no procedure is set forth in 40 CFR 136 for
analyzing a particular constituent, then the director shall
promulgate a procedure which shall be used to analyze the
constituent's concentration.
(d) All wastewater samples must be representative of
the User's discharge. User shall properly operate wastewater
monitoring and flow measurement facilities and keep clean
and maintain in good working condition at all times.
(e) If a significant industrial user monitors any
regulated pollutant at the appropriate sampling location more
frequently than required by the director, the result of the
monitoring shall be reported.
(f) The director may require any significant industrial
user to construct and maintain a wastewater monitoring
facility. The director shall approve the design and
configuration of the monitoring facility.
(g) The significant industrial user shall retain all
monitoring records, permits, inspection reports and other
records for three years or for a longer period when requested
to do so by the director.
Sec. 18-112. Reporting Requirements.
(a) All Significant Industrial User shall submit
periodic compliance report at the frequency specified in
their permit. All periodic compliance report must be signed
and certified.
(b) Industrial Users that are not required to obtain
individual wastewater permit shall provide appropriate
reports to the director as the director specifies.
(c) Chesterfield County may authorize a significant
industrial user subject to a categorical pretreatment
standard to forego sampling of a pollutant regulated by a
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categorical pretreatment standard if the User has
demonstrated through sampling and other technical factors
that the pollutant is neither present nor expected to be
present in the discharge, or is present only at background
levels from intake water and without any increase in the
pollutant due to activities of the User. The authorization
is subject to all the stipulation set forth in Federal and
State pretreatment regulations. This provision does not
supersede certification processes and requirements
established in categorical pretreatment standards, except as
otherwise specified in the categorical pretreatment standard.
Sec. 18-113. Certification of reports.
The significant industrial user shall certify that all
baseline monitoring reports, wastewater discharge permit
applications, compliance schedule reports, and permit reports
compliance reports and requests to forego sampling of a
pollutant are valid, complete and accurate. The reports shall
be signed by an Authorized Representative of the User and
contain the certification statement. If the designated
Authorized Representative is no longer available because a
different individual or position has responsibility of the
overall operation of the facility or overall responsibility
for environmental matters for the company, a new written
authorization satisfying the requirements of this Section
must be submitted to Chesterfield County.
Sec. 18-114. Cost recovery for treatment of significant
industrial wastes.
(a) In addition to the charges provided for in article II,
a strong waste surcharge for the higher cost of treating
strong waste or pollutants shall be paid by significant
industrial users in accordance with the following formula:
BOD (BOD - 250) (62.4 x V) x RBOD
Surcharge = 1,000,000
TSS (TSS - 250) (62.4 x V) x RTSS
Surcharge = 1,000,000
TN = (TN - 40) (62.4 x V) x RTN
Surcharge 1,000,000
TP = (TP - 8) (62.4 x V) x RTP
Surcharge 1,000,000
BOD = Biochemical oxygen demand in parts per
million of the industrial waste or strong
waste.
TSS = Suspended solids in parts per million of the
industrial waste or strong waste.
TN = Total Nitrogen in parts per million of
industrial waste
TP = Total Phosphorus in parts per million of
industrial waste
V = Volume of the industrial waste or strong
waste in cubic feet.
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RBOD = Surcharge Rate for BOD in dollar/pound
RTSS = Surcharge Rate for TSS in dollar/pound
RTN = Surcharge Rate for TN in dollar/pound
RTP = Surcharge Rate for TP in dollar/pound
(b) The strong waste surcharge shall be listed
separately on the industrial user's utility bill. The
significant industrial user shall pay the surcharge in
accordance with the requirements of this chapter for payment
of other wastewater charges.
Sec. 18-115. Determination of character and concentration of
waste.
0 0 0
(b) The significant industrial user shall provide
sampling sites for the director to make the determination
required by subsection (a) The location and design of
sampling sites shall be approved by the director. The
facilities sampling and monitoring equipment shall be
maintained at all times in a safe and proper monitoring
condition by the industrial user at its own expense. All
devices used to measure wastewater flow and quality shall be
calibrated as per manufacturer's recommendation to ensure
accuracy.
(c) The director shall collect samples of industrial
waste or pollutants that are discharged into the sanitary
sewer system. The samples shall be analyzed using laboratory
methods that conform with 40 CFR 136, as amended.
0 0 0
Sec. 18-'116. Right of Entry.
The director shall have the right to enter the premises
of any User to determine if the User is complying with all
the requirements of this ordinance and any individual
wastewater discharge permit. User shall allow the director,
ready access to all parts of the premises for the purpose of
inspection, sampling, record examination and copying, and the
performance of additional duties.
(a) When a User has a security measures in force which
requires proper identification and clearance before
entry into premises, the User shall make necessary
arrangements with its security guard so that, upon
presentation of suitable identification, the
director, shall be permitted to enter without
delay for the purposes of performing specific
responsibilities.
(b) The director shall have the rights to set up on
User's property, or require installation of such
devices as are necessary to conduct sampling and/or
metering of the User's operation.
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(c) Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or
sampled shall be promptly removed by the industrial
user at the written or verbal request of the
director and shall not be replaced. The User shall
be responsible for the cost of clearing such
access.
(d) Unreasonable delays in allowing the director,
access to the User's premises shall be a violation
of this ordinance.
(e) If the director has been refused access to the
building, structure, or property, or any part
thereof, and is able to determine probable cause to
believe that there may be a violation of this
ordinance, or there is a need to inspect and/or
sample as part of a routine inspection and sampling
program of Chesterfield County designed to verify
compliance with this ordinance or any permit, or to
protect the overall public health, safety and
welfare of the community, the director may seek
issuance of a search warrant.
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Sec. 18-117. Accidental discharge and slug control plans.
The director shall evaluate whether each significant
industrial user needs an accidental discharge/slug discharge
control plan or other action to control slug discharges. The
director may require any industrial user to develop, submit
for approval and implement an accidental discharge and slug
control plan or take such other action that may be necessary
to control slug discharges. Alternatively, the director may
develop such a plan for any industrial user. An accidental
discharge and slug control plan shall as a minimum:
(a) Describe the significant industrial user's
discharge practices, including nonroutine batch
discharges;
(b) Describe the types and amounts of chemicals that
the significant industrial user stores;
^!
(c) Establish procedures for immediately notifying the
director of any accidental discharge or slug
discharge. This notification shall include the
location of the discharge, type of waste,
concentration and volume, if known, and corrective
actions taken by the industrial user. Within five
(5) business days following such discharge, the
industrial user shall, unless waived by the
director, submit a detailed written report
describing the cause(s) of the discharge and the
measures to be taken by the industrial user to
prevent similar future occurrences. Such
notification shall not relieve the industrial user
of any expense, loss, damage, or other liability
which might be incurred as a result of damage to
Chesterfield County's natural resources, or any
other damage to person or property; nor shall such
notification relieve the industrial user of any
fines, penalties, or other liability which may be
imposed pursuant to this ordinance.
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(e) Significant Industrial User shall notify the
director immediately of any changes at its facility
affecting the potential for a Slug Discharge.
Sec. 18-118. Hauled Wastewater.
(a) Septic tank waste may be introduced into
Chesterfield County's sewerage system only at locations
designated by the director and at such times as are
established by the director. All the hauled waste shall be
generated in Chesterfield County. Such waste shall not
violate this ordinance or any other requirements established
by Chesterfield County.
(b) The director may require generators of hauled
industrial waste to obtain individual wastewater discharge
permits or general permits. The director also may prohibit
the disposal of hauled industrial waste. The discharge of
hauled industrial waste is subject to all other requirements
of this ordinance.
(c) Industrial waste haulers may discharge loads only
at locations designated by the director. No load may be
discharged without prior consent of the director. The
director, may collect samples of each hauled load to ensure
compliance with applicable Standards. The director may
require the industrial waste hauler to provide a waste
analysis of any load prior to discharge.
(d) Industrial waste haulers must provide a waste-
tracking form for every load. This form shall include, at a
minimum, the name and address of the industrial waste hauler,
permit number, truck identification, names and addresses of
sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or
suspected waste constituents, and whether any wastes are RCRA
hazardous wastes.
Sec. 18-119. Notification of Discharge of Hazardous Waste.
(a) Any User who commences the
waste shall notify Chesterfield County
EPA Regional Waste Management Divisi
hazardous waste authorities, in writ
into Chesterfield County's sewerage
which, if otherwise disposed of, wou]
under 40 CFR Part 261.30 - 261
notification must include the name of
set forth in 40 CFR Part 261.30 - 261
hazardous waste number, and the
(continuous, batch, or other). If tY
than one hundred (100) kilograms of
month to Chesterfield County's
notification also shall contain the f
the extent such information is known
~i,... rr.,..,.~. ~., ; r~cn~i fi nat-i nn of i-hP
discharge of hazardous
s sewerage system, the
.n Director, and State
ing, of any discharge
system of a substance
3 be a hazardous waste
33 as amended. Such
the hazardous waste as
33 as amended, the EPA
type of discharge
User discharges more
uch waste per calendar
sewerage system, the
allowing information to
nd readily available to
hazardous constituents
contained in the wastes, an estimation of the mass and
concentration of such constituents in the waste stream
discharged during that calendar month, and an estimation of
the mass of constituents in the waste stream expected to be
discharged during the following twelve (12) months. All
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notifications must take place no later than one hundred and
eighty (180) days after the discharge commences. Any
notification under this paragraph need be submitted only once
for each hazardous waste discharged. 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.
^i
(b) Dischargers are exempt from the requirements of
paragraph (a), above, during a calendar month in which they
discharge no more than fifteen (15) kilograms of hazardous
wastes, unless the wastes are acute hazardous wastes as
specified in 40 CFR 261.33 as amended. Discharge of more than
fifteen (15) kilograms of non acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.33 as amended, requires a one-time
notification. Subsequent months during which the User
discharges more than such quantities of any hazardous waste
do not require additional notification.
(c) In the case of any new regulations under section
3001 of RCRA identifying additional characteristics of
hazardous waste or listing any additional substance as a
hazardous waste, the User must notify Chesterfield County,
the EPA Regional Waste Management Waste Division Director,
and State hazardous waste authorities of the discharge of
such substance within ninety (90) days of the effective date
of such regulations.
(d) 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.
(e) This provision does not create a right to discharge
any substance not otherwise permitted to be discharged by
this ordinance, a permit issued thereunder, or any applicable
Federal or State law.
Sec. 18-120. Confidential information; disclosure.
A significant industrial user who furnishes a report,
permit application, questionnaire or other document that is
required by this article may request in writing that the
county not disclose portions of the document to the public in
order to protect trade secrets or secret processes. If such
a request is made, the county shall only allow access to the
portions of the reports that contain trade secrets and secret
processes to governmental entities or agencies, after a
written request, for uses related to this article or to the
county's National Pollutant Discharge Elimination System
permit or pretreatment program, and for use in administrative
or judicial review or enforcement proceedings. For purposes
of this section, the physical or chemical characteristics of
wastewater shall not be considered confidential information
or a trade secret.
Sec. 18-121. Violations.
(a) Significant industrial users shall .notify the
director in writing of any violation of the permit or of this
article within 24 hours after becoming aware of the
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violation. Within ten business days after the date of the
violation, the significant industrial user shall also submit
to the director a detailed written statement describing what
caused the violation and the measures that the industrial
user is taking to prevent future violations. Significant
industrial users shall correct all violations promptly and
shall take any reasonable action to prevent damage to
Chesterfield County's sewerage system or the public from the
violation. The significant industrial user shall also repeat
the sampling and analysis and submit the results of the
repeat analysis to the director within thirty (30) days after
becoming aware of the violation. Resampling by the
significant industrial user is not required if Chesterfield
County performs sampling at the User's facility at least once
a month, or if the County samples at the User between the
time when the initial sample was conducted and the time when
the User or the County receives the results of this sampling,
or if the County has performed the sampling and analysis in
lieu of the User. The director may require a significant
industrial user to correct a violation by taking measures to
prevent the discharge of prohibited materials or other wastes
that are regulated by this article.
(b) The director shall annually publish a list of
significant industrial users who have been in significant
noncompliance during the previous 12 months in a publication
and/or newspaper of general circulation in the county.
(c) Significant Industrial Users may qualify for upset
provision as set forth in 40 CFR 403 and applicable State
regulations as amended.
Sec. 18-122. Enforcement.
(a) If the director determines that a significant
industrial user has failed to apply for a permit, has
violated the terms of his permit or has violated any
provisions of this article, the director may that requires
the significant industrial user to correct the violation
within a prescribed time period. The order shall be sent to
the significant industrial user at the address where the
significant industrial user receives utility bills. If the
significant industrial user fails to comply with the order
within 30 days the prescribed time period, the director shall
suspend the permit, and shall terminate county water service
to the significant industrial user.
(b) If the significant industrial user objects to an
order issued by the director under subsection (a) he shall
have the right to appeal the order to the Circuit Court of
Chesterfield County. In order to appeal, the significant
industrial user shall file a notice of appeal in writing with
the clerk of the circuit court within the time specified for
compliance in the director's order. If the significant
industrial user does not file a notice of appeal within that
time limit he shall have waived his right to appeal.
(c) Notwithstanding the provisions of subsections (a)
and (b), if the director determines that a significant
industrial user is discharging substances into the sanitary
sewer system which present an imminent danger to public
health and welfare, property or the environment, or which
interfere with the wastewater treatment plants or with
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sanitary sewer system facilities or operations, the director
may immediately suspend or modify the significant industrial
user's permit, may discontinue county water service to the
significant industrial user, may disconnect water service to
the significant industrial user, and may disconnect
wastewater service to the significant industrial user.
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(d) The director shall have the authority to take all
actions provided for in the Enforcement Response Plan. The
director shall follow the procedures set forth in the
enforcement response plan that is developed by the director
in accordance with Federal and State pretreatment regulations
to enforce permit violations. However, the director may take
other action, including multiple enforcement actions, against
any User when the circumstances warrant. In addition to the
Enforcement Response Plan and other enforcement procedures
that are provided in this section, the director may seek
injunctive relief to enjoin violations of this article.
Sec. 18-123. Penalties.
(a) Any significant industrial user who violates the
provisions of this article shall be guilty of a criminal
misdemeanor punishable by a fine of at least $1,000.00, but
not more than $25,000.00. Each day that the violation
continues shall be a separate offense.
(b) If any person discharges a substance into the
county's sewerage system which results in damage to the
county sewerage system, the wastewater treatment plant
providing treatment or other real or personal property; or
which alters the nature or quality of the sludge or effluent
generated by the wastewater treatment plant in a way that
increases the cost of either safe sludge removal, or sludge
disposal, then that person shall be civilly liable to the
county for the cost of all such damage.
Secs. 18-124--18-130. Reserved.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Stegmaier stated the Utilities, Accounting and Budget
Departments made presentations recently to the three rating
agencies regarding the Utilities Department, have heard two
of the three that they were reaffirming the Utility Systems'
AAA bond rating.
18.C. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY TO THE .
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION
FOR THE WATRINS CENTRE DEVELOPMENT
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider the conveyance of
right of way to the Commonwealth of Virginia, Department of
Transportation for the Watkins Centre Development.
Mr. Warren called for public comment.
There being no one to address the issue, the public hearing
was closed.
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On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the conveyance of right of way to the Commonwealth
of Virginia, Department of Transportation for the Watkins
Centre Development, and authorized the Chairman of the Board
and County Administrator to execute the deeds.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
20.
MATTERS
FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
There were no speakers at this time.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 7: 4 0 p. m. unt i 1 May 7, 2 0 0 9 at 1: 0 0 p. m. f or a
joint meeting of the Board of Supervisors and the School
Board at Camp Thunderbird.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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a es J. Stegma' r
C unty Administrator
rthur S. Warren
Chairman
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