BEDFORD REGIONAL WATER AUTHORITY SIGNIFICANT INDUSTRIAL USER (SIU) WASTEWATER DISCHARGE PERMIT PERMIT NO. 10

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1 BEDFORD REGIONAL WATER AUTHORITY SIGNIFICANT INDUSTRIAL USER (SIU) WASTEWATER DISCHARGE PERMIT PERMIT NO. 10 Effective Date: November 5, 2018 Expiration Date: November 4, In compliance with the provisions of Chapter 18 Article I of the Bedford County Code, which provides for the pretreatment of wastewater, and with any applicable provisions of Federal or State law or regulation, Beale s Beer (Permittee), located at 510 Grove Street, Bedford, Virginia, is authorized to discharge industrial wastewater into the wastewater treatment system (System) owned and operated by the Bedford Regional Water Authority (BRWA) in accordance with the effluent limitations, monitoring requirements and other conditions set forth in Parts I and II of this Permit. 2. Facility operations and treatment of all industrial wastewater shall be in conformity with the plans, specifications and other supporting data submitted to the BRWA except as amended in this Permit. The Permittee shall notify the BRWA of any changes in industrial processes, or wastewater discharges. 3. The approval of plans and specifications does not relieve the Permittee of the responsibility of operating the facility in a reliable and consistent manner to meet the facility performance requirements in the Permit and the provisions of the County Ordinance. Facility deficiencies identified in the future, in design and/or operations, which could affect the facility performance or reliability, are the responsibility of the Permittee to correct. 1 Bedford Regional Water Authority Beale s Beer By: By: Brian Key Executive Director Date: James Frazer Brewmaster Date:

2 PART I A. Volume of Discharge 1. The daily (12:01 a.m. to 12:01 a.m. twenty-four hour) maximum discharge of industrial wastewater from the Beale s Beer facility at 510 Grove Street, Bedford, Virginia, shall not exceed 5,000 gallons per day. B. Prohibitions, Limitations and Reporting Requirements 1. The Permittee shall comply with all general prohibitive discharge standards in Chapter 18 Article I Section , which includes wastewater: a. Creating a temperature higher than 104 o F (40 o C) at the Publically Owned Treatment Works (POTW), b. Containing more than 350 mg/l of fats, oils and grease, c. Containing any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases; and in no case pollutants with a closed cup flashpoint of less than 140 o F (60 o C), or pollutants which cause an exceedance of 10 percent of the Lower Explosive Limit (LEL) at any point within the publicly owned treatment works, d. Containing any garbage that has not been ground by household type or other suitable garbage grinders, e. Containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch, manure or any other solids or viscous substances capable of causing obstructions or other interference with proper operation of the sewer system, 2 f. Having a ph lower than 5.5 or higher than 11.0 (unless specifically approved by the BRWA, but never below 5.5), or having any other corrosive property capable of causing damage to structures or equipment of the sewer system, or hazardous to personnel, g. Containing toxic or poisonous substances in sufficient quantity to injure or interfere with any wastewater treatment process, to constitute hazards to humans or animals, or to create any hazard in waters which receive treated effluent from the sewer system treatment plant. Toxic wastes shall include, but are not limited to, wastes containing cyanide, chromium, cadmium, mercury, copper and nickel ions, h. Containing noxious or malodorous gases or substances capable of creating a public nuisance; including pollutants that result in the presence of toxic vapors, gasses, or fumes, i. Containing solids of such character and quantity that special and unusual attention is required for their handling, j. Containing any substance that may affect the treatment plant's effluent and cause violation of the Virginia Pollutant Discharge Elimination System permit requirements, k. Containing any substance that would cause the treatment plant to be in noncompliance with sludge use, recycle or disposal criteria pursuant to guidelines or regulations developed under Section 405 of the Federal Clean Water Act, the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or other regulations or criteria for sludge management and disposal as required by the State, l. Containing color not removed in the treatment processes, m. Containing any medical or infectious wastes,

3 n. Containing any radioactive wastes or isotopes, o. Containing any pollutant, including BOD pollutants, released at a flow rate and/or pollutant concentration which would cause interference with the treatment plant, or p. Containing petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. 2. Upon promulgation of any National Categorical Pretreatment Standards, the National Standard, if more stringent than limitations imposed under this Permit, shall immediately supersede the limitations imposed under this Permit. 3. The BRWA reserves the right to establish more stringent limitations or requirements on discharges to the System if deemed necessary. 4. The Permittee shall never increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this Permit. 5. The discharges to the System shall be limited and monitored by the Permittee as specified in this paragraph and the Appendices in this Permit. The daily maximum concentration limit is the maximum concentration allowed for any 24-hour period. The instantaneous minimum limit (i.e., ph) is the minimum allowable ph Standard Unit (S.U.) from a single grab sample. The instantaneous maximum limit (i.e., phenols, cyanide, oil & grease, ph) is the maximum allowable concentration or S.U. from a single grab sample. Section A - General Conditions and Definitions PART II 3 1. Severability The provisions of this Permit are severable, and if any provision of this Permit, or the application of any provision of this Permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Permit, shall not be affected thereby. 2. Duty to Comply The Permittee must comply with all conditions of this Permit. Failure to comply with the requirements of this Permit may be grounds for administrative action, or enforcement proceedings including civil or criminal penalties, injunctive relief, and summary abatements. 3. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or correct any adverse impact to the Publicly Owned Treatment Works or the environment resulting from non-compliance with this Permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge. 4. Permit Modification This Permit may be modified for good causes including, but not limited to, the following: a. To incorporate any new or revised Federal, State or Local pretreatment standards or requirements. b. Material or substantial alterations or additions to the discharger's operation processes or discharge volume or character that were not considered in drafting the effective Permit. c. A change in any condition in either the Significant Industrial User or the Publicly Owned Treatment Works that requires either a temporary or permanent reduction or elimination of

4 the authorized discharge. d. Information indicating that the permitted discharge poses a threat to the Water Authority's collection and treatment systems, Publicly Owned Treatment Works personnel or the receiving waters. e. Violation of any terms or conditions of the Permit. f. Misrepresentation or failure to disclose fully all relevant facts in the Permit application or in any required reporting. g. Revision of or a grant of variance from such National Categorical Pretreatment Standards pursuant to 9 VAC h. To correct typographical or other errors in the Permit. i. To reflect transfer of the facility ownership and/or operation to a new owner/operator. j. Upon request of the Permittee, provided such request does not create a violation of any applicable requirements, standards, laws or rules and regulations. The filing of a request by the Permittee for a Permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated non-compliance, does not stay any Permit condition. 5. Permit Termination This Permit may be terminated for the following reasons: a. Falsifying self-monitoring reports; b. Tampering with monitoring equipment, c. Refusing to allow timely access to the facility premises and records, d. Failure to meet effluent limitations, e. Failure to pay fines, f. Failure to pay sewer charges or Permit fees, g. Failure to meet compliance schedules, and h. Failure to submit timely reports Permit Appeals The BRWA shall provide public notice of the issuance of a wastewater discharge Permit. The notice will indicate a location where the draft Permit may be reviewed and an address where written comments may be submitted. Any person, including the User, may petition the BRWA to reconsider the terms of a wastewater discharge Permit within thirty (30) days of receipt of its issuance. The effectiveness of this Permit shall not be stayed pending reconsideration by the BRWA. If, after considering the petition and any arguments put forth by the Permittee or any other person, the BRWA determines that reconsideration is proper, it shall reissue the Permit. Those Permit provisions being reconsidered by the BRWA shall be stayed pending reissuance. a. Failure to submit a timely petition for review shall be deemed a waiver of the administrative appeal. b. In its petition, the appealing party must indicate the individual wastewater discharge Permit, provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge Permit. c. The effectiveness of the individual wastewater discharge Permit shall not be stayed pending the appeal. d. If the BRWA fails to act within forty-five (45) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge Permit, not to issue an individual wastewater discharge Permit, or not to modify an individual wastewater discharge Permit shall be considered final administrative actions for purposes of judicial review. The Permittee seeking judicial review of the BRWA s final action must do so by filing a complaint with the Circuit Court for Bedford County, State of Virginia within thirty (30) days.

5 7. Property Rights The issuance of this Permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of Federal, State or Local laws or regulations. 8. Limitation on Permit Transfer This Permit shall only be transferred after receiving prior approval from the BRWA. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittee must submit an application for a new Permit at least 180 days before the expiration date of this Permit. 10. Definitions All definitions unlisted shall be the same as in 9 VAC a. Daily Maximum. The maximum allowable discharge of pollutant for a 24-hour period. b. Composite Sample. A sample that is collected over time, formed whether by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample: composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow, or, as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. 5 c. Grab Sample. An individual sample collected in less than 15 minutes, without regard for flow or time. d. Instantaneous Maximum Concentration. The maximum concentration allowed in any single grab sample. e. Cooling Water. (1) Uncontaminated: Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectable higher than that of the intake water. (2) Contaminated: Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater. f. Monthly Average. The arithmetic mean of the values for effluent samples collected during a calendar month or specified 30-day period (as opposed to a rolling 30-day window). g. Weekly Average. The arithmetic mean of the values for effluent samples collected over a period of seven consecutive days. h. Bi-Weekly. Once every other week. i. Bi-Monthly. Once every other month. j. Upset. Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities, or improper operation and maintenance or lack thereof.

6 k. Bypass. Means the intentional diversion of wastes from any portion of a treatment facility. l. Significant Non-Compliance: Is in effect if any violation meets any one or more of the following criteria: (1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) Local Limits, Categorical limits, or instantaneous limits as defined by 40 CFR (l). (2) Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6 month period equal or exceed the product of the local limits, Categorical limits, or instantaneous limits as defined by 40 CFR 403.3(l), and the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease; 1.2 for all other pollutants except ph). (3) Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l)(daily maximum, instantaneous limit) that the control authority determines has caused, alone or in combination with other discharges, interferences or pass through of the POTW causing violation of POTW s discharge Permit, endangering the health of POTW personnel or the general public. (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW s exercise of its emergency authority under paragraph (f) (1) (vi) (B) of section to halt or prevent such discharge. (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting/completing construction, or attaining final compliance. 6 (6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules. (7) Failure to accurately report non-compliance. (8) Any other violation or group of violations that the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. m. Slug: Any discharge of a nonroutine, episodic nature including but not limited to an accidental spill or a noncustomary batch discharge having reasonable potential to cause interference or pass through, or in any other way violate the POTW s ordinances, local limits, or Permit conditions. 11. Compliance with Applicable Pretreatment Standards and Requirements Compliance with this Permit does not relieve the Permittee from its obligations regarding compliance with all applicable Local, State and Federal Pretreatment Standards and Requirements including any such Standards or Requirements that may become effective during the term of this Permit. Section B - Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this Permit. Proper operation and maintenance includes but is not limited to effective performance, adequate funding, adequate operator staffing, training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the Permit.

7 2. Duty to Halt or Reduce Activity Upon reduction of efficiency of operation, or loss or failure of all or part of the treatment facility, the Permittee shall, to the extent necessary to maintain compliance with its Permit, control its production or discharges (or both) until operation of the treatment facility is restored or an alternative method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced. It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the Permitted activity in order to maintain compliance with the conditions of this Permit. 3. Bypass of Treatment Facilities a. Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury; or severe property damage or no feasible alternatives exist. b. The Permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation. c. Notification of bypass: (1) Anticipated Bypass: If the Permittee knows in advance of the need for a Bypass, it shall submit prior written notice, at least ten (10) days before the date of the Bypass, to the BRWA. (2) Unanticipated Bypass: The Permittee shall immediately notify the BRWA and submit a written notice to the BRWA within five (5) days. This report shall specify: 7 (i) A description of the Bypass, and its cause, including its duration; (ii) Whether the Bypass has been corrected; and (iii) The steps being taken or to be taken to reduce, eliminate and prevent a recurrence of the Bypass. 4. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act. Section C - Monitoring and Records 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this Permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water or substance. All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure their accuracy. Monitoring points shall not be changed without notification to and the approval of the BRWA. 2. Flow/pH Measurements If this Permit requires flow measurement, the appropriate flow measurement devices and methods consistent with approved scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be calibrated on an annual basis, with a calibration certificate supplied by the technician performing the calibration.

8 If this Permit requires daily or continuous ph measurement, the appropriate measurement and recording devices shall be installed to insure the accuracy of ph data on monitored discharges. The device shall be calibrated daily, using standard two-point calibration techniques with NIST traceable buffer standards. Accuracy shall be maintained within.1 ph Standard Unit (S.U.). The ph probe shall be cleaned and maintained on a regular schedule, according to the manufacturers recommendations, and the probe replaced when no longer serviceable. A ph calibration log is to be maintained on a production basis, and submitted to the BRWA with quarterly reports. All flow and ph calibration records are to be maintained and made available for review by BRWA personnel at the time of facility inspection. 3. Analytical Methods to Demonstrate Continued Compliance a. All sampling and analysis required by this Permit shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, or as otherwise approved by the Environmental Protection Agency specified in this Permit. b. Except as indicated in the following paragraph (3c.), the User must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the BRWA may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the User demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. c. Samples for oil and grease, temperature, ph, total cyanide, hexavalent chromium, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques. This involves collecting four (4) separate grab samples at 15-minute intervals. Total cyanide samples may be composited in the lab, and reported as a single sample. Total Toxic Organic compounds (TTO s) may be injected as one sample in the lab, and reported in the same manner Additional Monitoring by the Permittee If the Permittee monitors any pollutant more frequently than required by this Permit, using test procedures identified in Section C.3a, the results of this monitoring shall be included in the Permittee's self-monitoring reports. 5. Inspection and Entry The Permittee shall allow the BRWA, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit, c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this Permit, d. Sample or monitor, for the purposes of assuring Permit compliance, any substances or parameters at any location, and e. Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the Permit, could originate, be stored or be discharged to the sewer system. 6. Retention of Records a. The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Permit, and records of all data used to complete the application for this Permit, for a period of at least three (3) years from the date of the sample, measurement, report or application.

9 This period may be extended by request of the BRWA. b. All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the BRWA shall be retained and preserved by the Permittee until all enforcement activities have concluded and all periods of limitation with respect to all appeals have expired. 7. Record Contents Records of sampling and analyses shall include: a. The date, exact place, time and methods of sampling or measurements, and sample preservation techniques or procedures; b. Who performed the sampling or measurements, c. The date(s) analyses were performed, d. Who performed the analyses, e. The analytical techniques or methods used, and f. The results of such analyses. Self-Monitoring Reports shall be submitted by the 10th of the month following sample collection. All other resampling and analytical reports are due 30 days after sample collection. Reports received after this time has elapsed shall be considered invalid and will not be utilized to satisfy requirements of this Permit. 8. Falsifying Information Knowingly making any false statement on any report or other document required by this Permit or knowingly rendering any monitoring device or method inaccurate is a crime and may result in the imposition of criminal sanctions and/or civil penalties. 9 Section D - Additional Reporting Requirements 1. Any Violation of Permit Any Permittee that experiences a violation of their discharge Permit must inform the BRWA within 24 hours of becoming aware of the violation, and submit a written report within five (5) days. The written report shall contain a detailed description of the violation (i.e. exact times, duration, maximum concentration, effects on collection system and POTW, cause, and outline steps taken to prevent reoccurrence). 2. Planned Changes The Permittee shall give notice to the BRWA 90 days prior to any facility expansion, production increase, or process modifications which results in new or substantially increased discharges or a change in the nature of the discharge. 3. Anticipated Non-Compliance The Permittee shall give forty-eight (48) hours advance notice to the BRWA of any planned changes in the Permitted facility or activity that may result in non-compliance with Permit requirements. 4. Automatic Resampling If the results of the Permittee s wastewater analysis indicate a violation has occurred, the Permittee must notify the BRWA within 24 hours of becoming aware of the violation, repeat the sampling and pollutant analysis, and submit, in writing, the results of the repeat analysis within 30 days after becoming aware of the violation. Analysis reports received more than 30 days past sample collection shall be deemed invalid for compliance purposes.

10 5. Duty to Provide Information The Permittee shall furnish to the BRWA within one week any information that the BRWA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Permit, or to determine compliance with this Permit. Upon request, the Permittee shall also furnish to the BRWA within 48 hours copies of any records required to be kept by this Permit. 6. Signatory Requirements All applications, reports, or information submitted to the BRWA must contain the following certification statement and be signed as required in Sections (a) and (b): "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." a. By a responsible corporate officer. For the purpose of this paragraph, a responsible corporate officer means: (i) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other persons who performs similar policy or decision-making functions for the corporation, or; 10 (ii) the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. By a duly authorized representative of the individual designated in paragraph (a) of this section if: (i) (ii) (iii) The authorization is made in writing by the individual described in paragraph (a); The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and The written authorization is submitted to the BRWA s Pretreatment Coordinator. If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters of the company, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the BRWA prior to or together with any reports to be signed by an authorized representative.

11 7. Operating Upsets Any Permittee that experiences an Upset in operations that places the Permittee in a temporary state of non-compliance with Categorical Standards, Local Limits, or any State or Federal standards shall inform the BRWA within 24 hours of becoming aware of the Upset at 540/ ext The Permittee to the BRWA shall submit a written follow-up report of the Upset within five (5) days. The report shall specify: a. Description of the Upset, the cause(s) thereof and the Upset's impact on the Permittee's compliance status; b. Duration of non-compliance, including exact dates and times of non-compliance, and if not corrected, the anticipated time the non-compliance is expected to continue; and c. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an Upset. The report must also demonstrate that the treatment facility was being operated in a prudent and competent manner. A documented and verified operating Upset shall be an affirmative defense to any enforcement action brought against the Permittee for violations attributable to the Upset event. 8. Annual Publication A list of all Significant Industrial Users that were, at any time during the previous twelve months, in Significant Noncompliance (SNC), shall be annually published by the BRWA in the largest daily newspaper within its service area. Accordingly, the Permittee is apprised that non-compliance with this Permit may lead to an enforcement action and may result in publication of its name in an appropriate newspaper in accordance with this section Civil and Criminal Liability Nothing in this Permit shall be construed to relieve the Permittee from civil and/or criminal penalties for non-compliance under Chapter 18 Article I Section of the Bedford County Code, or State and Federal laws or regulations. 10. Penalties for Violations of Permit Conditions Chapter 18 Article I Section of the Bedford County Code provides that any person that has violated, or continues to violate, any provision of the County Code, this wastewater discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the BRWA for a maximum civil penalty of $2, per violation, per day. The BRWA may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the BRWA. Determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User s violation, corrective actions by the User, the compliance history of the User, and any other factor\s as justice requires. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User. Any person who willfully or negligently violates the County Ordinance or their Permit, upon conviction, shall be guilty of a Class 2 misdemeanor, punishable by a fine of not more than $1, per violation, per day, or imprisonment for not more than six (6) months, or both. Any person who willfully or negligently introduces any substance into the POTW that causes personal injury or property damage, upon conviction, shall be guilty of a Class 2 misdemeanor, punishable by a criminal fine of not more than $1, per violation, per day, or imprisonment for not more than six (6) months, or both. This shall be in addition to any other cause of action for personal injury or

12 property damage available under State law. Any person who willfully or negligently violates any provision of the County Ordinance or their Permit, upon conviction, shall be guilty of a criminal Class 2 misdemeanor, punishable by a fine of not more than $1, per violation, per day, or imprisonment for not more than six (6) months, or both. Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to the County Ordinance, individual wastewater discharge Permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the County Ordinance shall, upon conviction, be guilty of a Class 2 criminal misdemeanor, punishable by a fine of not more than $1, per violation, per day, or imprisonment for not more than six (6) months, or both. In the event of a second criminal conviction, a person shall be guilty of a Class 1 misdemeanor, punishable by a fine of not more than $2, per violation, per day, or imprisonment for not more than one year, or both. In addition to civil and criminal liability, the Permittee violating any of the provisions of this permit or Chapter 18 Article I of the Bedford County Code, or causing damage to or otherwise inhibiting the BRWA s pump stations or transmission system or wastewater disposal system shall be liable to the BRWA for any expense, loss or damage caused by such violation or discharge. The BRWA shall assess the Permittee for the costs incurred by the BRWA for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a separate violation of Chapter 18 Article I of the Bedford County Code. Chapter 18 Article I Section of the Bedford County Code provides that any person who violates a Permit condition shall be subject to a civil penalty of up to $2, per violation, per day. The BRWA may recover reasonable attorneys fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the BRWA. Any person who willfully or negligently violates Permit conditions shall, upon conviction, be guilty of a Class 2 misdemeanor, be subject to criminal penalties of a fine of up to $1, per violation, per day, or imprisonment for not more than six (6) months, or both. In the event of a second conviction, a 12 Permittee shall be guilty of a Class 1 misdemeanor, punishable by a fine of not more than $2, per violation, per day, or imprisonment for not more than one (1) year, or both. A User, who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall upon conviction, be guilty of a Class 2 misdemeanor, punishable by a fine of not more than $ per violation, per day, or imprisonment for not more than six months, or both. A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to the Bedford County Sewer Use Ordinance, individual wastewater Discharge Permit, or order issued under the Ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the Ordinance shall, upon criminal prosecution and conviction, be guilty of a Class 2 misdemeanor, punishable by a fine of not more than $ per violation, per day, or imprisonment for not more than six months, or both. The Permittee may also be subject to sanctions under State and/or Federal law. 11. Notification of Hazardous Waste Discharge The Permittee must submit a one-time notification to the BRWA, Environmental Protection Agency and the State Wastes Management Division of each hazardous waste discharged to the treatment works. The Water Authority must be notified of any subsequent changes to the hazardous waste discharge in accordance with 40 CFR (j). 12. Slug Discharges Slug discharges shall not occur. A slug control plan meeting the requirements of 40 CFR 403.8(f) (vi), National Pretreatment Standards, shall be submitted to the BRWA within 90 days of Permit issuance.

13 APPENDIX A DISCHARGE LIMITATIONS TABLE I Parameter Local Limits Surcharge Range Maximum for any one day (mg/l) ( mg/l) (mg/l) Ammonia as N 100 BOD COD TSS TR 1 Cadmium TR Copper TR Lead TR Mercury TR Nickel Oil & Grease Instantaneous ph Instantaneous Temperature Instantaneous 40 0 C TR Zinc Note 1 TR = Total Recoverable

14 APPENDIX A DISCHARGE SAMPLING SCHEDULE TABLE II SAMPLING SCHEDULE FOR BEALE S OUTFALL #001 PARAMETER SAMPLE TYPE FREQUENCY ph Process (In-Situ) Continuous ph Temperature 4 15 min. Intervals 4 15min. Intervals Quarterly Quarterly Flow Process (In-Situ) Continuous Biochemical Oxygen Demand SP Composite Quarterly Chemical Oxygen Demand SP Composite Quarterly Total Suspended Solids SP Composite Quarterly Zinc TR SP Composite Quarterly Ammonia as N SP Composite Quarterly Note 1 TR = Total Recoverable Note: Permittee must use methodology of sufficient sensitivity to demonstrate compliance with most stringent discharge limits in Permit. SP = Special Composite Sample, which consists of four separate grab samples taken fifteen minutes apart and composited into a carboy for thorough mixing prior to parameter sample containers being filled for laboratory analysis.

15 APPENDIX B EFFLUENT SAMPLING LOCATIONS AND DISCHARGE POINT NUMBERS. Sample Point Number: 001 Location: Sampling Box found in rear of property with flow meter and ph probes.

16 APPENDIX C SPECIAL CONDITIONS Process flow and ph shall be monitored, documented, and reported monthly from devices installed on effluent line from equalization tank to sample box. The number of kegs of beer filled each month shall also be reported monthly. Submit monthly Operational Data reports by the tenth day of the month. An approved sampling box shall be provided and maintained by the Permittee, at which point all monitoring and sampling for compliance purposes shall take place. Special Composite sample will consist of four grab samples of equal volume taken fifteen minutes apart of one another, gathered together in a single carboy so that it can be thoroughly mixed before pouring off individual portions for the various samples to be analyzed by the lab. All sampling results shall be submitted to the Pretreatment Coordinator by the tenth of the month following sampling. Permit Fees: Annual permit fee is $750, paid in 10 equal monthly payments and enclosed with each water bill. All testing and sampling covered under the Pretreatment Program shall be paid directly by the Permittee. All repeat sampling required following a Permit violation shall be the responsibility of the Permittee. This facility is required to submit within 90 days, for approval by the BRWA, a Spill Prevention Countermeasures and Control (SPCC) Plan. This document shall be kept up to date and reviewed periodically (or at Permit renewal), and is considered part of the industrial discharge Permit. All of these documents shall be kept up to date and reviewed periodically (or at Permit renewal), and are considered part of the industrial discharge Permit.