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04-27-77 MinutesVIRGINLA: At a regular meeting of the Board of ~upervi$ors of ~aesterfield Joan Girone, Vice-Chai~msn Yzs. Girone calls the meeting to order at 9:00 a.m. In is oa nmtion of Mrs. Girone~ seconded by Mr. Apperson, resolved that the State Highway Departmer be ~md it hereby is requested to accept the roads in Edgebill~ Section B~ into the State Seco~:i~ry Road System. EDGEHILL, SECTION B Iron Mill Road - begi~ at its ~]tarsection with Farmleigh Ikive (State Routa 2651) eas:erly ~d northerly .11 mil~ to a t~porary POFLAK GROVE ~ffectiv~ April 20, 1977) Poplar Grove Court - BeginnJ_ng at its intersection with Poplar Grove Road northerly 0.05 mile to a cul-de-sac. 0.05 mile Poplar Grove Terrace - Beginning at its intersection With Poplar Grove Road southerly 0.03 mile to a cul-de-sac. 0.03 mile Poplar Grove Place - Beginning at its intersection with Poplar Grove Road westerly 0.08 mile to a cul-de-sac. 0.08 mile WINTERBERRY RIDGE SUBDIVISON (Effective April 20, 1977) Winterberry Ridge - Beginning at its intersection with Millridge Parkway westerly 0.06 mile to its intersection with Winterbe!-~y Ridge, thence westerly 0.22 mile to its intersection with South View Lane, thence southerly 0.06 mile to its intersection with Winterberry Terrace, thence southerly 0.14 mile to its intersection with Winterberry Court, thence easterly 0.18 mile to its intersection with Hickory Nut Point, thence northerly 0.07 mile to its intersection with Winterberry Ridge. 0.73 mile South View Lane - Beginning at its intersection with Winterberry Ridge northerly 0.05 mile to a temporgry turnaround. 0.05 mile Hickory Nut Place - Beginning at its intersection with Hickory Nut Point westerly 0.04 mile to a cul-de-sac. 0.04 mile Winterberry Terrace - Beginning at its intersection with Winterberry Ridge easterly 0.06 mile to a cul-de-sac. 0.06 mile Winterberry Court - Beginning at its intersection with Winterberry Ridge southerly 0.04 mile to a cul-de-sac. 0.04 mile Hickory Nut Court - Beginning at its intersection with Hickory Nut Point northerly 0.03 mile to a col-de-sac. 0.03 mile Hickoz7 Nut Point - Beginning at its intersection with Winterberry Ridge southerly 0.08 mile to its intersection with Hickory Nut Place, thence southerly 0.10 mile to its intersection with Hickory Nut Court, thence southerly 0.05 mile to a col-de-sac. 0.23 mile OLD FOX TRAIL (Effective April 20, 1977) Old Fox Court - Beginning at its intersection with Old Fox Trail southerly 0.04 mile to a cul-de-sac. 0.04 mile Old Fox Trail - Beginning at its intersection with Millridge Parkway easterly 0.19 mile to its intersection with Old Fox Trail, thence northerly 0.25 mile to its intersection with West Old Fox Trail, thence southerly 0.11 mile to its intersection with Old Fox Court, thence easterly 0.04 mile to its intersection with Old Fox Trail. 0.59 mile West Old Fox Trail - Beginning at its intersection with Old Fox Trail westerly 0.05 mile to its intersection with Millridge Parkway. 0.05 mile BRANDERMILI. PARtC~Y (Effective April 20, 1977) Brandermill - Beginning at its intersection with Old Hundred Road southerly 0.47 mile to its intersection with Millridge Parkway, thence westerly 0.11 mile to a temporary turnaround. 0.58 mile Millrid~e Parkway - Beginning at its intersection with Old Hundred Road (relocated) westerly 0.76 mile to its intersection with Old Fox Trail, thence northerly 0.25 mile to its intersection with West Old Fox Trail, thence northerly 0.13 mile to its intersection with West Poplar Grove Road, thence northerly 0.07 mile to its intersection with Winterberry Ridge, thence northerly 0.18 mile to its intersection with Poplar Grove Road, thence northerly 0.25 mile to its intersection with Brandermilt Parkway. 1.64 mile Mr. Ritz presents the Board with an annoml report of the activities of the Plgnning Conmzission and the Board of Zoning Appeals. The Board connmnds both groups for their work. It is on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this Board accepts the report of the activities of the Planning Conmission, Board of Zoning Appeals and the Planning Department for 1976. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is on motion of Mr. Bookman~. seconded by Mr. Apperson, resolved that the State Highway Depart- ment be and it hereby is requested to accept LeMaster Road as a Rural Road Addition. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. Ayes: n. The reclassification of Laborer III, Grade 9, Buildings and Grounds to Custodian Supervisor, Grade 9, and to be accomplished withinpresent budget appropriations. o. Ail departments/agencies be notified that those persons who have excess leave be required to take all excess leave within twelvemonths of approval of this policy. p. The establishment of a Personnel Specialist, Gradel8 within the Personnel Department. q. That the County offer a Cancer Care Plan byAmericanFamilyLifeAssurance Company of Columbus as a paYroll deduction option. Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. It is on motienofMr. Dodd, seconded by Mr. Apperson, resolved that the County accept the low bid of Street and Branch, Inc. in the amount of $940 for the painting of the radio tower lOcated at the Courthouse and further be it resolved that $940 be and it hereby is appropriated from the Unappro- priated Surplus of the General Fund to account 11-140-215.0, Repairs and Maintenance. Ayes: Mr. O'Neil% Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. On motion of Mr. Apperson, seconded byMr. Dodd, it is resolved that the Chairman and Clerk of the Board be and they hereby are authorized to sign a ManNer Consortium Agreement with Henrico and Hanover Counties on behalf of the County of Chesterfield, which agreemsnt is for the period of October 1, 1977 through September 30, 1978. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. On motion of Mr. Apperson, seconded by Mr. Dodd, it is resol~ved that the following erroneous tax claimm be and they hereby are approved for payr~nt: James T. Tkacker Jamms T. Thacker John L. Martin, Jr. David E. Hatch James T. %hacker Carrison Builders, Inc. Trans Service Corp. Garland A. Barker Fred J. Stephens Bruce H. Armstrong Kaye Daniel Paul D. Casey Erroneous Assessmmnt for 1975 Erroneous Assessment for 1974 Erroneous Assessment for 1976 Erroneous Assessment for 1976 Erroneous Assessr~nt for 1976 Erroneous Assessment for 1973 County License County License County License County License County License County License Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. $ 28.20 29.14 26.24 32.64 99.84 330.66 25.00 15.00 15.00 15.00 15.00 15:00 It is on motion of Mr. Dodd, seconded by Mrs. Girone, resolved that the followhlg requests for renewal of bingo and/or raffle permits be and they hereby are approved for a period of one year: Knights of Columbus, Council No. 6372 St. Edward's Knights of Columbus, Council No. 6546 Dale Ruritan Club Ayes: Mrs. Girone, Mr. Apperson and Mr. Dodd. On reconnmndatien of the County Attorney, it is on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that the Chairman be and he hereby is authorized to sign an agreement for the County with Shoosmith Brothers, Inc. and Quality Construction of Virginia, Inc. for payment of $1,158.58 by the County for construction of airplane hangers at the Chesterfield County Airport to Shoosmith Brothers, Inc. Ayes: Mrs. Girone, Mr. Apperson and Mr. Dodd. At the request of the School Board, it is on motion of Mr. Appersor~ seconded by Mr. Dodd, resolved that the County Treasurer be authorized to borrow a sum ofmoneynot to exceed $500,000 pursuant to Section 15.1-545 of the Code of Virginia for the purchase of textbooks and other instructional materials for the 1977-78 school year. Such loans or notes shall bear interest at a rate not exceeding six per cent~mperannunand shall be repaid withinone year of their date. Ayes: Mrs. Girone, Mr. Apperson and Mr. Dodd. At the request of the School Board, it is on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that the Board of Supervisors approves the conveyance of 21.8 acres located on Krause Road, the site of the new vocational technical school, to the School Board in order that the School Board i might qualify for federal funding toward construction of this school subject to the deed stating that the School Board will have the responsibility for having the road taken into the State Secondary Road Systemand further that the School Board will correct any drainage problem thatmay exist. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. On motion of Mr. Apperson, seconded by Mr. Bookman, resolved that this Board, at the request of the School Board, increases the Title IVC portion of 1976-77 school budget by $27,105.00 for expenditure and revenues, which funds are additional monies that have been appropriated for this program. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. Mr. loo~mmn introduces ~=s King ~nd Mr, Pinkleton, members of the Dog Comnitte~. He states the After disaus$ion of the request of the Real Estate Assessor regarding p~z~i$$ion for three of bis assessors to drive Cowry vehicles out of Chesterfield, it is generally agreed that this request ba I: is generally agreed the Persor~]el and Salary Advisory Co~i~tee will meet at 1;00 p.m. on the second Friday of every month, street light meets the criteria set by the Board of Supervisors. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. On ruction of Mrs. Girone, seconded by Mr. Bookman, it is resolved that a street light be installed at the intersection of Logan Street and Igrksp~r Lane which street lights meets the criteria set by the Board of Supervisors. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. Mr. Dodd states that he is interested inhaving the old railroad bed in Chester used for as a possible by-pass for Chester. It is generally agreed that this matter be deferred until the next meeting. Mrs. Girone states the van requested by the Capital Area Agency on Aging for which the County would contribute $1,O00would be for wheelchair patients and has been requested by Dr. Wagner and the NutritionCenters in the County. She states that she has been assured this van would be well utilized in the County. Mr. Apperson states he has some reservations because he hms seen so manyvans riderless driving around the City and also he is not sure how this will bemaintained financially by the Capital Area Agency on Aging. After further discussion of the matter, it is onm otien of Mrs. Girone, seconded by Mr. Dodd, resolved that $1,000 be and it hereby is appropri- ated to the Capital AreaAgency on Aging for a wheelchairvan to be used in the County and said funds be and they hereby are appropriated from the Unappropriated Surplus of the General Fhnd. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Dodd. Abstention: Mr. Apperson Mr. O'Neill states the Board has been invited by the Colonial Heights Bicentennial Conmission to attend the Fort Clifton Arts'Music-Crafts Festival on May 7th and 8th. There is some discussion regarding the telephone exchange "794" being a toll-free n~nber in the entire County. It is generally agreed this matter Should be investigated further. On motion of Mr. Dodd, seconded by Mr. Apperson, it is resolved that this Board go into Executive Session to discuss personnel and legal matters. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Booknmn and Mr. Dodd. Reconvening: 76S222 In MidlothianMagisterial District, the 1314W. Main Pension Plan requests rezoning from Agricul- tural (A) to Office Business (0) of a 9.39 acre parcel fronting 1,752.63 feet on Courthouse Road, 899.76 feet on Branchway Road, located approximately 800 feet north of the intersection of these roads. Tax Map Sec. 17-13 (1) parcel 1-1 (Sheet 8). Mr. Tinrsons states that he is interested in connecting to public water ~nd sewer but would like the first building placed on a septic tank. Mr. Balderson states that under the Utility Section inthe Recomnendations there was a misprint ~d it would be feasible to connect rather than as is stated it would not be feasible to connect to public water and sewer. There being no opposition to this request, it is on motion of Mrs. Girone, seconded by Mr4 Booknmn, resolved that this request be and it hereby is approved subject to the conditions reconmended by the Planning Conmissionwith the understanding the first building can be placed on a septic tank. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman andMr. Dodd. 77S035 In Clover Hill Magisterial District, Creative Displays, Inc. requests an an~ndment to a Conditional Use (Case Number 73S013) for a Planned Development to permit outside storage in a Light Industrial (M-l) District on a 2 acre parcel fronting 260 feet on Southlake Boulevard, located approximately 1,600 feet south of its intersection withMidlothian Turnpike. Tax Map Sec. 17-10 (1) parcel 4-2 (sheet 8). Mr. Phillip Rome, attorney representingCreativeDisplays, Inc., is present. Mrs. Girone inquires if the brick wall that currently exists is supposed to prevent the storage area from being seen. Mr. Rome states that it is not but they will be taking care ofthis matter in the near future. There being no opposition, it is on n~tion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be and it hereby is approved subject to the conditions reconmended by the Plannin Comnission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. 77S039 In Clover Hill Magisterial District, Sinnmns Realty, Inc. requests rezoning from Agricultural (A) to Residential (R-7) of a 140 acre parcel fronting 1,890.89 feet on Belmont Road and located opposite the Land-O-Pines Subdivision (Sanchez Road). Tax Map Sec. 65-1 (1) parcel 1 and 4 (Sheet 21/22). Mr. Jim Hayes is present representing Sirmrons Realty, Inc. There being no opposition present, it is on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that this request be and it hereby zs approved. Ayes: Mr. O'Neill, Mr..Apperson, Mr. Bookman and Mr. Dodd. 775040 77S041 %n Midlo~ki~ Magisterial Dimtrict, Edward J. Willis, Jr. and ~vid L. McKinney requast rezoning 77S042 775043 In Bermuda Magisterial District, A. Tredway Lane reqt~sts rezoning from Ke~d~tial (R-7) to Offic~ 77S044 Business (B-l) to C~nerml Business (B-3) of a 1.27 acre parcel fronting approximately 190 feet on 18-16 (1) lots 33 and 33-2 (sheet 8). Block E, lots 1, 2 ~nd 3 (Shee~ 41). Mr. Conner's rezoning fee be refunded. 775046 ~ial ~-7) of a 86 acre p~cel fronting approximately 1,670 feet on Beulah Road and loaatad parce~ I (Sheet 22), Mr. Dodson states his lots are in excess of the minimum lot size required. There being no opposi- tion, it is on motion of Mr. Apperson, seconded by Mr. Dodd, resolved that this request be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Dodd. 77S048 In Midlothian Magisterial District, Julian C. Metts requests a Conditional Use to permit the construction of a Professional Office Building in an Agricultural (A) District on a 0.66 acre parcel fronting approximately 240 feet on Forest Hill Avenue and located approximately 100 feet west of the Chesterfield County/City of Richmond line. Tax Map 10-7 (5) lot 1; Stratford Hills, Section T, Block A, Lot 1 (Sheet 3). Mr. Henry Addington is present representing Julian C. Mmtts. There are two neighbors present who are concerned about the height of the fence, the planting to be done, the lighting and the drain- age problem in the area. Mr. Addington states that the fence will be six feet tall, the planting will be done on the inside of the fence, lighting is not anticipated at this time because the office will not be opened at night, etc. Mr. Corry states a study ~ad been completed by Kenneth Barton and Associates which will eliminate the drainage problem with an enclosed structure and will also be taken care of during construction. There being no further questions or opposition, it is on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that this request be and it hereby is approved subject to the conditions recommended by the Planning Coranission. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Booknmn and Mr. Dodd. 77S050 In Clover Hill Magisterial District, E.M. Ciejeck, Inc. requests rezoning from Connmnity Business (B-2) to General Business (B-3) of~a 2.6 acre parcel fronting 274.31 feet on MidiothianTurnpike, also fronting 371.95 feet on Research Road and located in the southeast quadrant of the intersec- tion of these roads. Tax Map 17-9 (3) lot 16; 60 West Conmercial Plaza; Sec. B Block F, lot 16 (Sheet 8). Mr. Charles August, representing the owners of the Puttaway Driving Ronge, states his clients feel an establishment of this type will reduce their business because men bring their families for a nice relsxing time at this establishmmnt who will be bothered by the odors emanating from kennel, the noise will bother the golfer who is trying to improve his game, etc. Mrs. Girone she cannot believe the dogs will make more noise than currently exists on Route 60 with the cars trucks. She adds the adjacent land is zoned B-3 and she feels this would be an exceptionally good place for a kennel and that it would not affect the health, safety or welfare of the citizens of the area. Mr. Micas states the financial effect of a business cannot be a reason for the denying of zoning but should be based on the health, safety andwelfare of those in the area. Mr. Hancock states that other cases have been presented today and buffers were required and asks further that he be given a buffer from the kennel. Mr. Balderson states that all zoning in the area is the same and buffers are used when separating two different districts. He adds he is sure willing to cooperate in any way. Mr. Hughes states there will be a fence around the kennels which will keep the dogs enclosed but therewill also be an additional fence whichwill be slatted around the area for additional security so that the animals cannot see out and people will not be able to see in. Mr. Hughes fuzther explains the operation of this kennel, the cost of the building, etc. After further discussion of the matter, it is on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that this request be and it hereby is approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman amd Mr. Dodd. Mr. Ramseypresents the Boardwitha revised copy of the water and sewer financial s±~uations. He states the two projects deleted were added in and the report from the consultant did not include the prepaid connections. He adds further that this is being done as a unit and it could still mean there could be cash flow problems in any of the five years from whichthis is projected and further that in his opinion this is not a conservative estimate for connection fees. Mr. Quaiff. states he is concerned about the $200 connection fees which are still being honored and will be for years to come and he is concerned about Ettrickwhichrepairs, replacemmnts, etc. have not been included. Mrs. Girone states the staff and consultants have given the Board their reports of what is the mi_nin~n that can be done, she feels the total as presented and is realistic and practical and adds it would be a mistake to deviate from the proposal. Mr. Bookman states there is a difference in his figures from those of the Utility Department in amount of $3,600,000which is too r~ch of a discrepancy. He states that the 37=/o increase for the average residence is too mach and he will not be able to support a resolution to this effect. After further consideration of this matter, it is on motic~ ofMrs. Girone, seconded by Mr. Apper- son, resolved that the following ordinance be and it hereby is adopted effective on and after July 1, 1977: "AN ORDINANCETOAMENDTHE CODE OF TH~ COUNTY OFCHESTERFIEID, 1975, AMENDED, BY ADDING ~ 20-9.1, 20-18.1, 20-21.1, AND §§ 20-33 THROUGH 20-55, AMENDING §~ 20-4, AND 20-5, 20-13, 20-15, 20-1~ AND 20-26 AND REi~ALLNG 20-20A_~ 20-21 RELATING GENERALLY TO SEWER AATDWATERRATES, INDUSTRIAL WASTE DISCHARgeS, INDUSTRIAL COST RECOVERY, AND PROVIDINGFOR A PENALTY" BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Code of the Com~ty of Ckesterfield, 1975, as a~nded, is ~m~nded by addLng §§ 20-9.1, 20-18.1~ 20-21.1 and 20 33 t~ou~ 20-55 as Section 20-9.1~ Water P~es. 518 or 5/,~ .................. $ 4.00 1-1/4 ...................... ].-1/2 ...................... ].4.00 3 ........................ 37. O0 4 ........................ 62, DO b. Volur~ Charge: Iqexc 200,000 cu. ft ............... 509 per ].00 cu, ft, a. Service Urmrge P~r Promise (Mini~ Charge) S/ge (Inches) 5/8 or 3/4 .................. $ 5.00 1 ....................... ll, 00 1-1/4 ..................... I7.00 1-1/2 ..................... 2 ....................... 50.00 3 ....................... 65.00 6 ....................... 200.00 12 650. O0 meter plus $5.00 per living %nit for each ~mit in excess of one in addition ~o ~he applicable e. In addition, a volune charge as measured by the water meter per 100 cubic feet shall be made in accordance with the following schedule: Residential .................... $0.57 per 100 cu. ft. Coranercial .................... $0.57 per 100 cu. ft. Industrial .................... $0.57 per 100 cu. ft. f. Where applicable, those users of the County sewer system shall, in addition to the basic user charge provided for herein, pay a surcharge covering the cost of treating excessive strength waste or pollutants as provided in Article III hereinafter, and a surcharge covering the indus- trial share of capital improvements for wastewater treatment as defined by applicable federal regu- lations end as provided in Article IV hereafter. g. The owner of the premises where the sewerage facilities of the county have been contracte~ for shall be liable for the payment of all charges made for service rendered to such premises until such owner makes application for discontinuance of service on forms furnished by the county. If water and/or sewer charges are not paid for a period of thirty days, then the county may discontinu~ water and sewer service. ARTICLE III INDUSTRIAL WASTE DISCHARGE Section 20-33. Definitions. As used in this Article the following words and phrases shall have the meanings hereinafter ascribed to them, unless otherwise clearly required by the context: a. "B.O.D." or "Biochemical oxygen demand" shall mean the quantity of oxygen utilized%n the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at 20°C, expressed in parts per million. The laboratory determination shall be made in accordance with the procedures set forth in "Standard Methods". b. "Domestic sewage" shall mean waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from ground water, storm surface water and industrial wastes. c. "Garbage" shall mean solid wastes and residue from the preparation, cooking and dispensin of food, and from the handling, storage and sale of food products and produce. d. "Industrial wastes" shall mean all waterborne solids, liquids or gaseous wastes resulting from any industrial manufacturing, trade, business or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage. e. "Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. f. "Normal domestic sewage" shall mean sewage in which concentration of suspended materials and five day 20oc B.O.D. is established at 240 parts per million each, by weight, on the basis of the normal daily contribution of twenty hundredths pounds per capita, per 100 gallons. g. "Parts per million" shall mean a weight to weight ratio; the parts.per million value multiplied by the factor 8. 345 shall be equivalent to pounds per million gallons of water. h. "Persons" shall mean any and all persons, natural or artificial, including any individual firm, company, industry, municipal or private corporation. i. "p~' shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentra- tion of a solution. It shall be determined by one of the procedures outlined in "Standard Methods" j. "Point of discharge" shall mean the point at which waste is discharged to the Chesterfiel, County sewers. k. "Properly shredded garbage" shall mean wastes frc~n the preparation, cooking and dispensir~ of food which have been shredded to such a degree that all particles will be carried under the flow conditions normally prevailing in the county sanitary sewer system, with no particle greater than one-half inch in any dimension. 1. "Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted. m. "Sewage" shall mean a combination of water-carried waste from residential, conmercial, institutional and industrial extab!ishments, together with such ground, surface and storm waters as may be present. n. "Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage. o. "Sewer" shall mean a pipe or conduit used to collect and' carry away sewage or storm water run off from the generating source to sewage treatment plants or receiving streams. p. "Sewerage" shall mean the system of sewers and appurtenances for the collection, transpor- tation, pumping and treatment of sewage and industrial wastes. q. "Sewer service charge" shall mean the charge levied by §20-21.1 on all users of the coun~ sanitary sewerage system, whose wastes do not exceed in strength the concentration values estab- lished as representative of normal domestic sewage. r. "Slug" shall mean any discharge of water, sewage or industrial waste which, in concentra- tion of any given constituent, or in quanitity of flow, exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during the normal operation. ~or be capable of crea%ir~ a public n~is~ce. f. Any watmr$ or waste~ ha~ing a stabilized pH lower ~n 6.0 or higher than 9,0 or having No person shall discharge any of the following types of wastes into the sanit~ary sewer system without having fulfilled the conditions hereinafter stated in each instance: a. Packinghouse waste: All hair, bristles, hides or parts of hides, bones, animal parts, paunch rm~nure, and viscera, stock feeds, grit, sand and straw in excess of concentrations present in normal domestic sewage, and all grease in excess of 100 parts per million shall be removed prior to discharge. b. Poultry processing wasne: All feathers, parts of birds, bones, grit, sand, poultry feeds, and viscera in excess of concentrations present in normal domestic sewage, and all grease in excess of 100 parts per million shall be removed prior to discharge. Materials used in construction of waste lines from poultry processing establishn~nt to connection with the sanitary sewer system shall be of a type which is not likely to induce the formation and growth of bacterial protein masses. c. Textile wastes: All lint, thread, pieces of cloth, and yarn in excess of concentrations present in normal domestic sewage shall be removed prior to discharge. Kiering and acid boiling wastes shall be cooled, neutralized and stabilized within the limits specified in ~20-35. Bleache~ waste shall be cooled, neutralized and stabilized within the limits specified in §20-35. ~Sulfur dyeing wastes shall not be admitted to the sanitary sewer system. d. Metal Salts (Iron, Copper, Zinc, Nickel, Chromium, Cadmiun, Lead, Etc.): Sal~s of iron, copper, zinc, nickel, chromium, lead or other heavy metals in excess of concentrations present in normal domestic sewage shall be precipitated and removed .from waste flow prior to discharge to the sanitary sewer system. Waste containing hexavalent chromium shall have chromiun reduced to the tri-valent state, precipitated and removed from the waste flow prior to discharge to the sanitary sewer system. e. Cyanides: Cyanides in the waste flow shall be completely reduced to carbon dioxide and nitrogen prior to discharge to the sanitary sewer system. f. Phenol: Wastes containing phenol may be discharged to the sanitary sewer system only with a permit issued p~rsuant to §20-40. Before granting such permission the director of utilities shall require the person proposing to make such discharge to enter into an agreement with the county, whereby such person shall regulate, vary or mintain, the discharge or concentra- tion of phenol in accordance with the requirements of the county. Section 20-37. Limitations on discharge of concentrated wastes. a. No person shall discharge wastes having a B.O.D. or suspended solids concentration in excess of 240 parts per million, defined as industrial wastes by §20-33(f), into tlne sanitary sewer system without having first obtained a permit for such discharge as provided in §20-40. b. Discharge of wastes having a B.O.D. or suspended solids concentration in excess of 500 parts per million shall be permitted by the director of utilities only after review and approval by him with respect to the point of discharge into the sanitary sewer system and the dilution afforded by other waste flows occurring in the system at such point. c. Discharge of wastes having a B.O.D. concentration in excess of 800 parts per million or a suspended solids concentration in excess of 700 parts per million shall not be permitted, and is hereby prohibited. Section 20-38. Permits and agreem~ents for non-conforming dischmrges. Notwithstanding the provisions of §§20-34 through 20-37 any person may apply to the director of utilities for a permit under §20-40 to discharge waste into the sanitary sewer system, which is of an unusual or otherwise prohibited strength or character. Such permit shall be granted by the director only upon execution by such person of an agreement, setting forth the conditions, pre- treatment or other limitations required to enable such wastes to be safely accepted into the system. Section 20-39. Rate and volume of discharge of industrial waste. Slug dischmrge or batch dumping of industrial waste is prohibited. Any person now discharg~ or proposing to discharge industrial waste into the sanitary sewer system shall provide, at his o~ expense, a holding tank or holding tanks 'from which such waste shall be discharged at a uniform rate of flow over a twenty-four hour period. The requirement for a holding tank shall be waived by the director of utilities provided that: (1) the total daily waste flow from the establishment of such person does not exceed 50,000 gallon: and the maxim~ rate of discharge-is not greater than 1/3 of the capacity (with respect to rate- of-flow) of the sewer receiving the waste, and provided further that the receiving sewer has capacity for handling the ~ rate of industrial waste discharge from the establishnmnt plus the maxizm~ rate of waste flow from other contributors in the area tributary to the receiving sewer; or (2) the maximmn rate of discharge from the establishnmnt does not exceed 2.75 times of the average rate of discharge as if taken over a twenty-four hour period, and such maximmn rate of discharge is ~t greater than 1/3 of the capacity (with respect to rate-of-flow) of the sewer receipting the waste, and provided further that the receiving sewer has capacity for handling the msxin~ rate of industrial waste discharge from the establishment plus the nmxim~ rate of waste flow from other contributors in the area tributary to the receiving sewer; and in addition (3) the character of the waste is such that pretreatment with attendant safety holding facilities is not required, and (4) in all other respects, the discharge of such waste is in full compliance with this article. Section 20-40. Permits for discharges; pretreatnmnt; restrictions. a. Any person now discharging, or desiring to discharge, industrial waste or pollutants in- to the sanitary sewer systemshallmake application for a permit to the Department of Utilities. Such application shall include a complete chemical analysis of the waste being discbmrged or pro- posed to be discharged, including concentration of B.O.D. and suspended solids contained therein. Such application shall also contain pertinent flow data, including rates and duration, a detailed description of the operation, and any other relevant information requested by the director of utilities. ~s~rge of such ~:e into t~ sanitary s~er syst~n. The design of d~e control manhol~ sh~ll (1) the total daily waste flow from the establishment of such person does not exceed 50,000 gallons; and (2) the maximum rate of such discharge from said establishemant does not exceed 100 gallons per minute; and (3) access, means, and facilities are provided within such establishn~nt for the purpose of observing, nmasuring, and sampling the waste flow from such establishment; and (4) the discharge of all waste from such establishmmnt, is in all other respects, in full compli- ance with this article. Section 20-44. Determination of character and concentration of waste. a. The Department of Utilities shall make a periodic determination of the character and concentration of industrial waste or pollutants. b. Location and design of sampling sites for a periodic determJ_nation of the character and concentration of industrial waste or pollutants discharged into the sanitary sewer system shall b~ approved by the director of utilities. c. Samples of industrial waste or pollutants discharged into the sewer system shall be collected in such a manner as may be deemed necessary by the director of utilities, and analyzed for compliance with this article. The laboratory methods used in the examination of said waste waters shall be those set forth in the latest edition of "Standard Methods". d. Such determination of the character and concentration of the industrial waste or pollu- tants discharged into the sanitary sewer system shall be binding as a basis for surcharges on those persons discharging industrial waste or pollutants into the system. e. Costs incident to sampling and analyzing of waste or pollutants that are applicable to surcharges shall be added to the surcharge provided for in §20-45 made to all persons discharging industrial waste or pollutants into the county's sanitary system. Section 20-45. Cost recovery for treatment of industrial wastes. In addition to the charges provided for in §§20-21.1 and 20-50, a strong waste surcharge the higher cost of treating excessive strength waste or pollutants shall be rendered to any discharging industrial waste or pollutants in accordance with the following formula: 62.4V Surcharge =. ((~OD-240) + (SS-240)) (1,000,000) ($0.04) BOD = Biochemical oxygen demand in parts per million of the industrial waste. SS = Suspended solids in parts per million of the industrial waste. V = Vol~ne of the industrial waste in cubic feet. Such surcharges shall be shown separately on the regular bill rendered to the proper person by the director of utilities. The dischargers shall pay the surcharges in accordance with practices existing for paymmnt of regular sewer charges. section 20-46. Enforcement a. In the event the director of utilities determines that a person required to obtain a permit for industrial waste discharge under the provisions of this article ha~s failed to apply for such a permit, or that a person holding such a permit has violated the te~m of his permit, or that any person has violated or is violating any provisions of this article, he shall issue a compliance order requiring such person to abate such violation within thirty days of the date of the order. Such order shall be sent to such person at the address used for his utility bills by certified mail, return receipt requested. In the event such person fails to comply with such order within the prescribed time period, the director shall suspend any discharge permit issued such person, and shall terminate county water service to such person. b. Any person objecting to an order issued by the director of utilities under subseetien (a) of this section shall have the right to appeal the same to a review con~nittee comprised of three members of the Board of Superxrisors appointed by the Chairman. Notice of intention to exercise such right to appeal shall be filed in writing with the Clerk of the Board of Supervisors within the time specified for compliance in the director's order. Failure to file such notice within such time limit shall be deemed a waiver of the right to appeal. c. The review committee shall meet within thirty days of receipt of the notice of appeal and shall conduct a hearing on the objections raised by the appellant to the director's order. The appellant and the director shall each be afforded the opportunity to present evidence and to cross examine the other's witnesses. The comnittee shall review the order of the director, with due regard for the reasonableness of the same, the degree of hazard to the integrity of the sani- tary sewer system the inmediacy of the threat to the public health and safety, and the of long-term damage to the environment posed by such violation. Based upon such criteria the committee may affirm, n~dify, or vacate the director's order; provided that no such decision of the ¢onmittee shall permit the continuance of a sewage discharge which does not conform to the standards of this article without requiring full compliance with such standards within three years as required by §20-41. d. Notwithstanding the provisions of subsections (a) and (b) of this section, whenever the director determines that a person is discharging substances into the sanitary sewer system which pose a clear and present danger to life or property, the director shall immediately suspend any discharge permit issued to such person and shall discontinue county water service to such person. ARTICLE IV INDUSTRIAL COST RECOVERY Section 20-47. Definitions. As used in this article the following words and phrases shall have the meanings hereinafter ascribed to them, unless otherwise clearly required by the context: (1) Divison A: Agricultt~e, Forestry and Fishing; (2) Division B: Mining; (3) Division D: M~n- Section 20-49. Resecved C~paci~y Agre~mm~s After March 1, 1973. recovery charges associated with the cost of upgrading a treatnmnt works. Section 20-50. Computation of Industrial Cost Recovery Payments. a. During the industrial cost recovery period, each industrial user shall pay its share of the total an~unt of Federal grant funds, including amendments to grants, which are allocable to capacity used or committed for use in the treatment of wastes from industrial users. The payment for each industrial user sball be computed in accordance with the following formula which takes flow, five-day biochemical oxygen demand and the concentration of suspended solids into account as the pr4m~ry factors which influence the cost of treatment works construction: Industrial Cost Recovery Formula TC~ = [( x Cqk-~*) + ( (mD*) x C~OD.) + ( x CSS.)] xP Where ICR = Cost to be recovered from an industrial user Average daily wastewater flow contributed by the user during the billing period (gallons per day) Average daily wastewater flow that is certified as primarily segregated domestic waste contributed by the user during the billing period (gallons per day) The average of the sun of certified hydraulic capacity existing in all grant assisted treat- ment works in the County system during the billing period (gallons per day) The sun of hydraulic capacities existing in grant assisted County treatment plants that is allocable to design year infiltration and inflow, as deternf_ned from grant documents (gallons per'day) CQ,-I* = The average of the sun of the Federal grant costs allocable to the non-infiltration/inflov conponent of hydraulic capacity in all County treatment works during the billing period (dollars) BOD = The average daily poundage of five day biochemical oxygen demand contributed by a user durir the billing period, calculated as Q x SBOD5 x 8.34, where = Most recent available BOD5 concentration of a user's total waste stream as determined in SHOD5 conformance with §20-53 (parts per million) BODD = The average daily poundage of five-day biochemical oxygen demand contributed by the primari segregated domestic waste component of a user's waste stream during the billing period, calculated as SBOD5D = QD x SBOD~ x 8.34, where Most recent available BOD5 concentration of the domestic component of a user's waste stream as detennined in c6nfo _rmance with §§20-48 and 20-53 (parts per million) BOD* = The average of the s~n of grant assisted design influent BOD5 capacity in all County treat- merit works during the billing period (pounds; per day) CBOi~ = The average of the sun of Federal grant costs allocable to BOD5 removal during the billing period (dollars) SS = The average daily poundage of suspended solids contributed by a user during the billing period, calculated as SSS x 8.34, where SSS = Most recent available suspended solids concentration of a user's total waste stream as determined in conformance with §20-53 (parts per million) SSD = The average daily poundage of suspended solids contributed by the primarily segregated domestic waste component of a user's waste stream during the billing period, calculated as QD x SSSD x 8.34, where = Most recent available susPended solids concentration of the domestic cormponent of a user's SS~ waste stream as determined in conformance with §§20-48 and 20-53. SSwe = The average of the sum of grant assisted design influent suspended solids capacity in all County treatment works during the billing period (pounds per day) CSS. = The average of the sum of Federal grant costs allocable to suspended solids removal during the billing period (dollars) P = Length of the billing period (in days) , 972, L~.'~d $1:at:e~. 0££~ce o£ Yanag~t and radgea, as am~ded axi s-upp!am~t'ed. The wasl b. Any existing industrial user may apply within one year of the effective date of this article for exclusion from participation in the Industrial Cost Recovery ordinance on the bases provided above. New industrial users (those who connect to the County service system after the effective date of this Plan) shall have one year from the date of their initial connection in which to apply for exclusion. An Application for Exclusion shall include a schematic diagram of the user's production processes, waste pretreatment and a conveyance systems, end a series of waste strength tests in conformance with the County accepted procedures end guidelines which shall be available on request, all such diagrams shall be certified as accurate by an entity licensed in this state. Ail such test results shall be certified as having been performed in accordance with County accepted procedures and their accuracy shall be certified by a qualified chemist or laboratory located within the Connmnwealth of Virginia. c. Within 30 days after the mailing date of each industrial cost recovery bill, en indus- trial user who is included within this Plan may file an Application for Exclusion or an Applica- tion for Redeternf_nation of Assessment with the Hearing Officer, but only in the event of a substential change in quality or quantity of effluent discharge by such user arising subsequent to the last redetermination. Such changes shall be certified by a qualified chemist or as having occurred end such a chemist or laboratory shall also certify that tests indicating the substantial changes aforesaid were conducted in accordance with County accepted procedures. d. All applications shall set forth the industrial user's ~,~, end address along with a brief statement of the reasons it is petitioning end the factual basis for the Application. Applications shall set forth the names of the officers, attorneys, employees, and witnesses who will be appearing before the Hearing Officer. Applications shall be filed with three copies end sent by registered mail to the Hearing Officer at the place for which payment of charges is specified in the industrial cost recovery bill from which the appeal is taken. e. Procedure. The Hearing Officer shall notify the Applicant by mail of the time and place for hearing, such notice to be given within 30 days after receipt of eny application. The hearing shall be conducted on the .Application not less than 10 days after mailing of such notice The hearing shall be held as an infonnal consultation and conference at which the Applicant, in person or by counsel, shall present his argcm~_nt, evidence, data, end proof in connection with the issues submitted. A representative from the County may then present its factual basis for exclusion or assessmmnt under consideration. The Hearing Officer shall not be bound by the usual rules of evidence but may conduct the hearing in such a mariner as in his judgment will expedi- tiously and accurately determine the substantial ri~ts of the industrial user and the County. hearings may be stenographically or electronically recorded. The Hearing Officer shall make findings of fact and reconnmmdations which shall be submitted to the director of utilities for his decision, the results of which shall be made known to the Applicant. f. No hearing shall be held and no decision shall be rendered by the County with respect exclusions sought on the basis of reserved capacity contract executed prior to March 1, 1973. Upon receipt of an Application for Exclusion from industrial cost recovery on this ground, the County shall forward the request and appropriate documentation to the Regional AdmJ_nistrator of the United States Environmental Protection Agency within thirty (30) days. The Regional Adminis- trator will make his determination and the Petitioner will be notified by the County. Section 20-55. Penalties. a. Any person, firm or corporation who shall violate eny provisions of this Ordinance or who shall fail to comply with any provision hereof shall be guilty of a misdemeanor end, upon conviction, shall be subject to a fine not to exceed $1,000. b. Failure to pay the ICR share for industrial waste discharges when duc shall be sufficient cause to disconnect any and all services to the sewer mains of the County, and the same penalties and charges, now or hereafter provided for by this Chapter for failure to pay the bill for utility service when due, shall be applicable in like manner for failure to pay the /CR share. (2) That ~§20-4, 20-5, 20-13, 20-15, 20-12 and 20-26 of the Code of the County of Chester- field are amended and reenacted as follows: Section 20-4. Sams--County utilities department to supervise. The ee~n~y-heal~h utilities department shall have the general supervision over treatment of the public water supply with fluoride amd-~he-~eiti~ies-~epa~m~m~ provided, however, that the utilities departnm~t is dJ_rected to furnish to the health department copies Of records specified under section 20-3 at ~aityT-weekty-an~-mmm~hty such intervals as may be required by the county department. Section 20-5. Same--Health department to make periodic reports to the board of supervisors. The county health department is-hewe~y-~i~ee~e~-es ~ make pe~is~ie reports to the board of supervisors on the fluoridation of the public water supply and es seek the cooperation of educational and scientific institutions to conduct surveys end research as to the beneficial effectx ~f-amyx of the program am~-p~sjeee on the citizens of ahis the county. Section 20-13. Termination of service for nonpa?~=nt of water charge; ~dd~tional charges. If the bill for water charge shall remain unpaid for fifteen days after becoming delinquent and written notice has been given to the user that water supply at the premises shall be discon- tinued, the supply of water to the premises shall be discontinucd and such water supply shall not be restored until the delinquent account and a charge of five ten dollars for reconnecting the service has been paid in full to the treasurer of the county. -- Section 20-15. Water emergency--Authority of water conmittee. The water committee of the board of supervisors of the county is hereby authorized to declare emergencies in the county affecting the use of water in eny area of the county during eny period in which there is a water shortage end to control and restrict the use of water during an emergency in the County caused by a water shortage or other cause. Section 20-19. Co~olian~e v~th article. (3) That §§20-9, 20-20 and 20-21 a~e hereby repealed. provides for. The board Of supervisors will authorize the iz~talla~ion of water extensions to extend the county's water syst~n at the expense of developers and refund to d~velopers the total cost or county utilit~ syst~n ~d the health, safety and ~lfa~e of the Co%nty reaidents, p~$on or per$on~ m~king the ~c~m~sion when ~k i~ performed by county forces, When contract A sep~ratm service sh~l b~ req~red for e~th house, each ~it of duplex home~ or rty when the extension will also serve property between developer and source of water. This refund of one hundred and fift~z dollars will apply to large size mains, over eight inches in size, installed within or without the developer's property when the county requires a larger rain and does not have the capital to install the larger size main and the developer wishes to finance the installation thereof. This cost shall be as determined by the county. No refund will be made for an extension of two hundred feet or less. When a refund is requested on an extension, the developer shall furnish a plat of the tract of land to be developed showing boundaries, title to the property and such other information required by the county. The area to be covered in the refund nmst be app~eve~-~y-~he-~ea~-ef-s~pe~wise~s conti~uous to the water extension line and reasonably related to the proposed development of the area. In addition~ the board of supervisors nmst approve the area to be covered in the refund. f. Where -wa~e~- limes - a~e- Ams ~at te~-w~l~- ee~mey- fem~s 7 - ~he- eemmee~fem- eAawge- fe~- e~is eimg hemes -wit t -~e -~eeh~ee~-by-ene-h~n~e~- fif~y- eb ttars - if - ~he- een~ee ~iea- is - appt ~e~- fe~-wi~/a~- ~==i~y ~ays-af{e~-wa~ew-se-w~iee-~eeemes-aYaitable= A developer may be permitted to install all water service laterals in a subdivision for which he has deposited $10~. O0 for each lateral if tho develope.r furnishes all equi~mmt and labor for the installation of the service laterals, incl~M{ng corpora_tlon stops~ copper tubing, meter yokes, meter boxes, coupl]ng~ and any other suppl~n~ntal material necessary to meet County specifications. All materials sh~] ] be furnished by-~he County .at the County Shop and Storage yard. The developer shall install service laterals for all lots on both sides of the street within the develo~nent. The County will r. eimburse the developer $40.00 for the installation of each service lateral The developer shall render the County a bill upon completion of installation. The additions] connection fee shall be payable to the County when the developer requests installation of th~ meter. g. Reimbursement to developers under all existing extension policy contracts shall continua in effect and the reimbursements to be paid as provided herein shall only apply to extensions made subsequent to Ap~ft-t?-t976 .the effective date of this ordinance. h. The developer shall be required to cut all streets and install water lines in all streets within a subdivision, unless specifically exempted by the county. i. Ail reimbursements due as provided in subsection (e) of this section shall be paid periodically to those entitled to be reimbursed in accordance with the provisions herein. j. The county will ordinarily install the service connection and the meter at the same time, except as provided in subsection (d) of this section. Location of grades for top of meter box shall be furnished by applicant; it is agreed that if raising or lowering of meter is necessary after initial installation, a charge of ten dollars will be paid. When it is necessary to raise or lower the water service, this work will be done at cost plus fifteen percent. Section 20-27. Same--Charges--Generally. Connection charges for sewage treatment in the county including the Ettrick Sanitary Distri¢ shall be as follows: (a) Single family. (1) Existing residence, already having septic tank system when application is made within time allotted by county after notice that sewer service is available, si~ seven hundred and fifty dollars; thereafter, twelve hundred dollars. (2) New residence whose service lateral is connected to sewer installed by developer, six seven hundred dollars. (3) New residence whose service lateral is connected to sewer not installed by develope~ twelve hundred dollars. ~) (c) residence. Duplexes. Same as single family residence for each unit in the duplex. Mobile homes not located in anmbile home park or subdivision. Same as single family (d) Churches. Same as single family residence. When churches are used for schools, kindergartens, etc., charges shall be based on equivalent single family units. (e) Apartments, condominiums and townhouses, mobile home parks and mobile homa subdivision (1) Existing. When application is made within time allotted by county after notice is given that sewer service is available, 's~-~ seven hundred and fifty dollars per unit; thereafter, twelve hundred dollars per unit. (2) New. gix Seven hundred dollars per unit on lines installed by developer; twelve hundred dollars on lines instal[led with county funds. (f) Travel trailer camps, hotels and motels. (1) Existing. When application is made within time allotted by county after notice is given that sewer service is available, two hundred dollars per unit; thereafter, four hundred dollars per unit. (2) New. Four hundred dollars. (g) Coranercial, industrial and institutional. (1) Existing. When application is made within tinm allotted by the county after notice is given tPmt sewer service is available; twelve hundred dollars per acre with a mi~n charge of (2) That this ordinance shall be e~fectiv~ on ~nd after April 28~ 1977. It is on nmtion of ~r. Dodd, seconded by Mr. Apparson~ resolved that the Treasurer be ~d he hereby %t is on ~tion of Mr, Apperson, seconded by F~. ~ook~an~ resolved that this Board adjot~r~ at 6:30 p.m. t~atil 2:30 p.m. on May 6, 1977. Ayes: Mr. O'Neill, Mrs. Giro~e, Mr. App~rson, Mr. Bookman and ~. Doad.