Resolution 2

 RESOLUTION

A RESOLUTION TO APPROVE SEAM09-CR-001 TO ALLOW THE APPLICANT TO Amend the Conditions of a Previously Approved Special Exception Which Allowed for the Construction and Operation of a Wastewater Treatment Disposal System

            WHEREAS, the Comprehensive Plan for the Midland Service District calls for the development of a limited capacity wastewater treatment facility to serve the Warrenton-Fauquier Airport and areas identified in the Sewer Service Priority Area; and

            WHEREAS, on May 19, 2003, the Board of Supervisors approved a Special Exception permit for the operation of a wastewater treatment and disposal system located at the Warrenton-Fauquier Airport; and

            WHEREAS, the system was designed with a Phase I and Phase II capacity; and

            WHEREAS, the applicant is requesting several of the previously approved conditions be amended to reflect the current situation in order to proceed to Phase II; and

            WHEREAS, on February 26, 2009 the Planning Commission conducted the final public hearing on application SEAM09-CR-001; and

            WHEREAS, on April 9, 2009, and June 11, 2009, the Board of Supervisors conducted a public hearing considering oral and written testimony; and

            WHEREAS, the Board of Supervisors has determined that the application does satisfy the standards of Zoning Ordinance Articles 5-006, 5-2001 and 5-2002; now, therefore, be it

            RESOLVED by the Fauquier County Board of Supervisors this 11th day of June 2009, That SEAM09-CR-001 be, and is hereby, approved subject to the following conditions:

1.      Monitoring reports, along with all maintenance reports and inspections, shall be submitted quarterly to the Health Department via the county’s electronic reporting system.

2.      A contract with a qualified service provider shall be kept in effect at all times, with all new or renewed contracts submitted to the Health Department for review. 

3.      A responsible operator shall be on-site daily and available to evaluate the system periodically throughout the day and make minor adjustments as needed.  The operator shall possess the knowledge to recognize significant maintenance issues that warrant contacting a Class IV Operator for emergency assistance.  The installation of remote monitoring equipment may be required.

4.      Effluent flow shall be estimated monthly and submitted to the Health Department quarterly for review.  If an actual meter is not in place, flow shall be estimated using the control panel to determine the number of pumping events and then calculating based on the dosing gallons.  The design flow shall be amended from 4,350 to 8,800 gallons per day.

5.      Quarterly effluent samples shall be collected for Ammonia, Chloride TSS (Total Suspended Solids), BOD5 (5 Day Biological Oxygen Demand), pH and Total Nitrogen and submitted to the Health Department.  Additional sampling may be required at the discretion of the Health Department.

6.      A reserve drainfield area shall be certified by the Health Department to achieve the 100% requirement of the Service District.

7.      A sufficient portable generator shall be provided on-site within four hours of power failure. 

8.      The capacity of the system shall not be increased beyond 8,800 gpd until a plan for allocating additional capacity (i.e., adding users) has been approved by the Board of Supervisors.  The Planning Commission shall review any such plan prior to the Board of Supervisors’ consideration.

9.      The service area of the system shall be limited to the Sewer Service priority area shown in the Comprehensive Plan for the Midland Service District (Map 6.6H adopted in 2002), or as amended in future Comprehensive Plans. 

10.  Within 90 (ninety) days of approval of the Special Exception amendment, the County shall contract with a EGGI (or other hydrogeologist with similar experience in Fauquier County) to establish a groundwater monitoring program, for purposes of monitoring nitrates, for the drainfields associated with the facility.  The study shall include recommendations on the number of monitoring wells to be drilled to adequately monitor the groundwater in the vicinity of the drainfields, and shall include recommendation on well depths and monitoring frequencies.  The completed study shall be provided to the Health Department for review and comment.

11.  Within 180 (one hundred eighty) days of completion of the groundwater study required above, the county shall have contracted for the drilling of the recommended monitoring wells and shall immediately implement groundwater monitoring as recommended in the study.  Once the monitoring program is in place, if at any time the nitrate levels in the groundwater monitoring wells is determined to have elevated above 5 mgL at the property line original background levels found at implementation of the monitoring program, the County will immediately (within sixty [60] days of said determination) contract with a competent engineering consultant to perform a study of the nitrogen removal capabilities of the Airport Wastewater Treatment Plant (WWTP) and to investigate the necessity for and feasibility of adding additional denitrification facilities to the plant.

12.  Within 90 (ninety) days of approval of this Special Exception amendment, the County shall contract with Fauquier County Water and Sanitation Authority to perform an annual operational audit of the Airport WWTP and its associated facilities.  The scope and timing of the audits shall be negotiated between the County Administrator and the General Manager of the Authority.  An executed copy of the contract shall be provided to the Department of Community Development and the Planning Commission.   

13.  Within 90 (ninety) days of approval of this Special Exception Amendment, the County shall have applied for a VODES Permit for a 8,800 gpd flow discharge within the Rappahannock Water Shed.  A copy of the approved discharge permit shall be submitted to the Department of Community Development.

14.  Within 180 (one hundred eighty) days of approval of this Special Exception amendment the County shall have contracted with an engineering firm with appropriate credentials for the preparation of a complete Operations and Maintenance (O & M) Manual for the Airport WWTP.  The manual shall be prepared in conformance with the requirements of the Commonwealth of Virginia, Sewage Collection and Treatment (SCAT) Regulations for Waste Water Treatment Plan O & M Manuals.  The manual shall be reviewed and approved by the Fauquier County Water and Sanitation Authority.  The manual shall be submitted to the Health Department for review and comment.  A copy of the completed, approved manual shall be provided to the Zoning Administrator within one year of approval of the Special Exception amendment.

15.  Ownership of the Airport WWTP shall be transferred to the Fauquier County Water and Sanitation Authority once the required monitoring systems and O & M manual are in effect.

16.  The Fauquier County Administrator shall contract with the Fauquier County Water and Sanitation Authority for the operation and maintenance of the wastewater treatment system once the O & M Manual is in effect and approved by the Virginia Department of Health.

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