Section 290. Procedure for issuance of special permits for new or nonconventional methods, processes, and equipment

A. Water treatment methods, processes, and equipment which are not covered by the design criteria of Part III or Part IV, and which in principle or application are new or nonconventional, are subject to a special permit application procedure in lieu of that set forth in 12VAC5-590-200. A special permit may be issued only after detailed review of all engineering data and after a period of extensive monitoring of plant performance.

B. The policy of the board is to encourage the development of any new or nonconventional methods, processes and equipment which, by virtue of treatability studies, appear to have application for the purification of raw water. However, these new or nonconventional developments shall have been thoroughly tested in a full scale or representative pilot plant installation before approval of a plant utilizing this process and equipment can be employed. The result of this testing must be submitted to the field office. The testing required on new or nonconventional developments will generally follow these guidelines:

1. All procedures used in validating the process shall be conducted under the supervision of a licensed professional engineer experienced in the field of environmental engineering, the owner's engineering staff, or a testing firm acceptable to the division;

2. Samples shall be collected and analyzed in a manner which would demonstrate plant effectiveness and efficiency under adverse conditions and over extended periods of time in the area of the proposed installation;

3. The data shall be from continuous operation of a full scale or pilot plant treating the type of water to be handled;

4. Automatic indicating, recording, and totalizing flow measuring equipment shall be provided and total flow shall be recorded daily;

5. At installations treating surface waters, employing coagulation, flocculation, sedimentation, filtration, and disinfection, automatic indicating and recording equipment shall be provided for continuously monitoring the turbidity of the raw water, settled water, and each filter effluent, as well as pH monitoring of the treated water (flash mix effluent);

6. If the raw water source receives upstream discharges of treated industrial wastes or sewage effluents, automatic indicating and recording equipment shall be provided for continuously monitoring the pH of raw and finished water and chlorine residual of finished water;

7. The minimum sampling and analysis program will be established by the division in accordance with the process under investigation; and

8. All analyses shall be made in accordance with the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation or analytical methods approved in advance by the division.

C. Detailed plans shall be submitted where possible showing how, in case of nonacceptance, the plant or unit will be converted to, or replaced with, a proven process. Also, financial resources must be assured to make the conversion (for example: funds placed in escrow or a bond posted).

D. After review of the plans and testing data, the commissioner will issue a construction permit if he is satisfied that the method, process, or equipment will efficiently produce water that will meet the operation standards of Part II, and that the method, process, or equipment may be converted to a conventional technique, if necessary.

E. Upon completion of construction or modification, a provisional permit for a definite period of time will be issued for the operation of the new or nonconventional methods, processes, and equipment. Not more than one provisional permit will be granted during the evaluation period. The provisional permit shall require that:

1. The evaluation period shall be a minimum of 12 months and no longer than 18 months; and

2. The holder of a provisional permit must submit reports on operation during the evaluation period as required by the division. The reports shall be prepared by a licensed professional engineer experienced in the field of environmental engineering, the owner's operating or engineering staff, or a testing firm acceptable to the division.

F. The commissioner will issue an operation permit upon lapse of the provisional permit, if, on the basis of testing during that period, he finds that the new or nonconventional method, process, or equipment efficiently meets the operation standards of Part II. If the standards are not met, then the commissioner will issue an order which will require the alteration of the waterworks or water supply in a manner that will enable those standards to be met.

Historical Notes

Derived from VR355-18-003.24 § 1.30, eff. August 1, 1991; amended, Volume 09, Issue 17, eff. June 23, 1993.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.