Sanitary Sewer Use Ordinance-1988

SANITARY SEWER USE ORDINANCE
TOWN OF BATH
DCM COPY
Please do not remove.
Division of Coastal Management Copy i
Title 4, Chapter 2
of the
General Ordinances
December 1988

K
John Taylor
Judy Edwards
TOWN OF BATH
SANITARY SEWER USE ORDINANCE
Approved December 12, 1988
by
Bath Town Council
James Richardson, Mayor
M.E. CarAon, Town Administrator
Technical Assistance provided by
MID -EAST COMMISSION
Connie Price, Director of Planning
This project was funded in part by
Ira Hardy
Teehy Mason
A grant provided by the North Carolina Coastal Management
Program, through funds provided by the Coastal Zone
Management Act of 1972,.as amended, which is administered by
the Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.

SANITARY SEWER USE ORDINANCE
Title 4, Chapter 2 of the
General Ordinances of the
TOWN OF BATH
December 1988
CONTENTS PAGE
Section 4-2-1. GENERAL PROVISIONS
(a) Purpose and Policy ............................. . 4-1
(b) Definitions .................................... 4 ,2.•
(c) Abbreviations .................................. 4-7
Section 4-2-2.• REGULATIONS
• (a)- Use of Public Sewer Required ................... 4-8
(b) Private Wastewater Disposal .................... 4-8
(c) Building Sewers and Connections ................ 4-9
(d) Authorization to Discharge Required:........... 4-11
(e) Prohibited Discharges .......................... 4-12
(f) Federal Categorical Pretreatment Standards..... 4-15
(g) State Requirements ............................. 4-15
(h) Dilution Prohibition ........................... 4-16
(i) Flow Equalization .............................. 4-16
(j) Accidental Discharge ........................... 4-16
(k) Town's Right of Revision ....................... 4-17
Section 4-2-3. INDUSTRIAL DISCHARGES
(a) Wastewater Discharge Permits ................... 4-18
(b) Sampling and Monitoring Requirements........... 4-22
(c) Analysis of Discharge .......................... 4-23
(d) Inspection and Sampling; Right of Entry........ 4-23
(e) Pretreatment ................................... 4-23
(f) Confidentiality ................................ 4-24

i
• SANITARY SEWER USE ORDINANCE
Title 4, Chapter 2 of the
General Ordinances of the -
TOWN OF BATH
CONTENTS, continued - PAGE
•
Section 4-2-4. REVENUE SYSTEM; USER CHARGES
(a)
Intent .........................................
4-26
(b)
User Class .....................................
4-26
(c)
User Charge Criteria..... .... 000-0.00-0.0.00
4-26
(d)
Calculation of User Charge .....................
4-27
(e)
Surcharge on Industrial Waste ..................
4-27
(f)
Calculation of Industrial Surcharge............
4-28
(g)
Adoption and Review of Rates.. ... oo.00 .........
4-28
(h)
Billing.... ....................................
4-28
(i)
Hook-up Charges.. ......... .........
4-29
Section
4-2-5. EXTENSIONS -
(a) General Provisions............ ... *.** .......... 4-30
(b) Application Required ........................... . 4-30
(c) Extensions Within the Corporate Limits......... 4-31
(d) Extensions Outside the Corporate Limits........ 4-3,2
Section 4-2-6. ENFORCEMENT
(a) Notification of Violation ...................... 4-34
(b) Suspension of Service .......................... 4-34
(c) Revocation of Permit ........................... 4-34
(d) Show Cause Hearing ............................. 4-35
Section 4-2-7. PENALTIES
(a) Civil Penalties ................................ 4-36
(b) Falsifying Information ......................... 4-36
(c) Malicious Damage ............................... 4-36
Section 4-2-8. SEVERABILITY ............................
ii
4-37

SANITARY SEWER USE ORDINAN(
Title 4, Chapter 2 of the
General Ordinarices, of the
TOWN OF BATH
CONTENTS, continued PAGE
Section 4 2 9. CONFLICT ................................ 4-37
Section 4-2-10. ORDINANCE IN FORCE ...................... - 4-37
Appendix A. Calculation of User Charge
•
•

41
4
•. SECTION 4-2-1.
is
Section 4-2-1. GENERAL PROVISIONS.
(a) Purpose and Policy.
GENERAL PROVISIONS
This Ordinance sets forth uniform requirements for
direct and indirect discharges into the wastewater disposal
system for the Town of Bath and enables the local government to
comply with all applicable State and Federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR Part 403).
The objectives of this Ordinance are:
(1) To prevent the discharge of pollutants into the
wastewater disposal system which will interfere with the
operation of the system or contaminate the resulting sludge;
(2) To prevent the discharge of pollutants into the
wastewater disposal system, which will pass through the system
inadequately treated, into receiving waters or the atmosphere or
otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
(4) To provide for equitable distribution of the cost
of the wastewater disposal.system.
This. Ordinance provides for the regulation of direct and
indirect discharges to the Publicly Owned Treatment Works
through the issuance of permits to certain nondomestic users and
through. enforcement of general requirements for the other -users,
authorizes monitoring and enforcement activities, 'requires user
reporting, assumes that existing customer's capacity will not be
preempted, and provides for the setting of fees for the equitable
distribution of costs resulting from the program, established
herein.
This Ordinance shall apply to all users of the Town of
Bath's wastewater treatment system. Except as otherwise provided
herein, the Town Administrator shall administer, implement, and
enforce the provisions of this Ordinance.
4-1

• SECTION 4-2-1. GENERAL PROVISIONS
(b) Definitions.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in the Ordinance, shall
have the meanings hereinafter designated:
Act. The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended.
Approval Authority. The Director of the North Carolina Division..
of Environmental Management or his authorized representative.
Authorized Representative of Industrial User. An authorized
representative' of an industrial user may .be: (1) a principal
executive officer of at least the level of vice president, if the
industrial user is a corporation; (2) a general partner or
proprietor if the industrial user is a partnership or proprietor-
ship, respectively; (3) a duly authorized representative of the
individual designated above if such representative is responsible
• for the overall operation of the facilities from which the
indirect discharge originates.
LJ
Biochemical Oxygen Demand (BOD). The quantity of oxygen,.
expressed in milligrams per liter (mg/1) utilized in the
biochemical oxidation of organic matter under standard laboratory
procedures in five (5) days at 20 degrees Centigrade.
Building Sewer. A sewer conveying wastewater from the premises
of a user to the Town's wastewater treatment system.
Categorical Standards. National Categorical Pretreatment
Standards or Pretreatment Standard.
Chemical Oxygen Demand (COD),. The quantity of equivalent oxygen
utilized in the chemical oxidation of organic matter as measured
by standard laboratory methods as described in "Standards
Methods."
Color. The true color due to the substances in solution
expressed in wavelengths of light.
4-2

• SECTION 4-2-1. DEFINITIONS
Environmental Protection Agency (EPA). The 'U.S. Environmental
Protection Agency, or where appropriate the term may also be used
as a designation for the Administrator or other duly authorized
official of said agency.
Holding Tank Waste. Any waste from holding tanks such as
vessels, chemical toilets, campers, trailers, septic tanks, and
vacuum -pump tank trucks.
Industrial User. Any facility which discharges industrial
wastes. An industrial user will be classified according to the
latest edition of the Standard Industrial Classification Manual
(sic)
Industrial Waste. Wastes resulting from the processes employed
in industrial, manufacturing, trade, or business establishments,
as distinct from domestic wastes.
Interference. The inhibition or disruption'of the POTW treatment
processes or operations which contributes to a violation of any
• requirements of the POTW's NPDES Permit. The term includes
prevention of sewage sludge use or disposal by the POTW in
accordance with 405 of the Act, (33 U.S.C. 134.5) or any criteria,
guidelines, or regulation developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act, or more stringent State criteria (including• those
contained in any State sludge management plan prepared pursuant
to Title IV of SWDA) applicable to the method of disposal or use
employed by the POTW.
Local Government. The Town of Bath, Beaufort County, North
Carolina, acting through it's Mayor and Town Board of
Commissioners.
•
National Pollutant Discharge Elimination Permit. A permit
issued under the National Pollutant Discharge Elimination System
(NPDES) for discharge of wastewaters to the navigable waters of
the United States.
Person. Any individual, partnership, co -partnership, firm,
company, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal
representatives, agents or assigns.
4-3

SECTION 4-2-1.
DEFINITIONS
Pretreatment. The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the
nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into the POTW. The
reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes of
other means, except as prohibited by 40 CFR Section
403.6(d).
Publicly Owned Treatment Works (POTW). A wastewater treat-
ment works as defined by Section 212 of the Act, (33 U.S.C.
1292) which is owned by the Town of Bath.
Receiving Water. A body of water, stream or water course
receiving the discharge waters from the sewage treatment
plant or formed by the waters discharged from the sewage
treatment plant.
• Sanitary Sewer. A sewer which carries sanitary and/or
industrial wastewaters from residents, commercial
buildings, industrial plants, and institutions. Sanitary
sewers are separate and distinct from storm sewers and are
not intended to carry surface runoff or groundwater.
•
Shall is mandatory. May is permissive.
Significant Industrial User. Any industrial user of the
POTW who (i) has a discharge flow of 25,000 gallons or more
per average work day, or (ii) has a flow greater than 5% of
the flow in the POTW, or (iii) has in his wastes toxic
substances as defined pursuant to Section 307 of the Act or
State Statutes and rules, or (iv) is found by the local
government, Division of Environmental Management (DEM), or
the U.S. Environmental Protection Agency (EPA) to have
'significant impact, either singly or in combination with
other contributing industries, on the wastewater treatment
system, the quality of sludge, the system's effluent
quality, or air emissions generated by the system. '
Slug. Any discharge of water or wastewater which in con-
centration of any given constituent or in quantity of flow
exceeds for any period duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four
4-4

• SECTION 4-2-1. DEFINITIONS
•
•
(24) hour concentration or
shall adversely affect the
as to prevent_ attainment
substantially increase
requirements.
flow during normal operation and
wastewater treatment system so
of effluent limitations or to
operation and maintenance
Standard Industrial Classification (SIC). A classification
pursuant to the Standard Industrial Classification Manual
issued by the' Executive Office of the President, Office of
Management and Budget, 1972.
Standard Methods. The laboratory procedures set forth -in
the following sources: Standard Method for the Examination
of Water and Wastewater, 14th Edition, as amended, prepared
and published jointly by the American Public Health
Association, American Water Works Association, and Water
Pollution Control Federation; Methods for Chemical Analysis
of Water and Wastes, 1971, prepared and published by the
Analytical Quality Control Laboratory, U.S. Environmental
Protection Agency; "Guidelines Establishing Test Procedures
for the Analysis of Pollutants," enumerated in 40 CFR
Section 136.1 et sect. (1975), as amended; and/or any other
procedures recognized by the U.S. Environmental Protection
Agency and the North Carolina Division of Environmental
Management.
State. State of North Carolina.
Storm Sewer. A sewer that carries only storm waters,
surface runoff, street wash, and drainage, and to which
sanitary and/or industrial wastewater is not: intentionally
admitted. .
Subdivision. All divisions of a tract or parcel of land
into two or more lots, building sites, or other division
for the purpose of -sale or building development (whether
immediate or future) and shall include all divisions of
land involving the dedication of a new street or a change
in existing streets; but the following shall not be
included within this definition nor be subject to. the
regulations authorized by this ordinance:
4-5

• SECTION 4-2-1.
DEFINITIONS
the division of land into parcels greater than ten
acres where no street right-of-way dedication is
involved;
the public acquisition by purchase of strips 'of
land for widening or opening of streets; and
the division of a tract in single ownership whose
entire area is no greater than two acres into not
more than three lots, where resultant lots are
equal to or exceed the standards of the Town, as
shown in'its zoning ordinance.
Suspended Solids (TSS). Total suspended matter that either
floats on.the surface of, or is in suspension with, water,
wastewater, or other liquids and is removable by laboratory
filtration as prescribed in "Standard Methods."
Town. Town of Bath, North Carolina.,,
User. Any person who contributes, causes or permits the
contribution of wastewater into the POTW.
• Wastewater.: The liquid and water -carried industrial or
domestic wastes from dwellings, commercial buildings,
groundwater, surface water, and storm water that may be
present, whether treated or untreated, which is contributed
into or permitted to enter the Town's wastewater treatment
system.
Wastewater Discharge Permit. As set in Section 4-2-2(d)(2)
of this Ordinance.
Wastewater Treatment System. Any devices, facilities,
structures, equipment or works owned or used by the Town of
Bath for the purpose of the transmission, storage,
treatment, recycling, and reclamation of industrial and
domestic wastes, or necessary to recycle or reuse water at
the most economical cost `over the estimated life of the
system, including intercepting sewers, outfall sewers,
sewage collection systems, pumping, power, and other
equipment, and their appurtenances; extensions,
improvements, remodeling, additions, and alterations
thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well
facilities; and any works, including site acquisition of
the land that will be an integral part of the treatment
pro`aess or is used for ultimate disposal of residues
resulting from such treatment.
CCrl

SECTION 4-2-1. DEFINITIONS
(c) Abbreviations. ,
The
following abbreviations shall have the
designated meanings:
SOD_
Biochemical Oxygen Demand
C_FFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
WA
Clean Water Act
DEM
Division of Environmental Management of
the Department of Natural Resources and
Community Development of the State of
North Carolina
EPA
Environmental Protection Agency
mgL
milligrams per liter
NPDES
National Pollutant Discharge
Elimination System
POTW
Publicly Owned Treatment Works
SIC
Standard Industrial Classification
USC
United States Code•.,
•
I
4-7

0 SECTION 4-2-2.
Section 4-2-2. REGULATIONS.
(a) Use of Public Sewer Required.
REGULATIONS
It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner
on public or private property within the Town of Bath or in
any area under the jurisdiction of said Town, any human or
animal excrement, garbage, or objectionable waste.
It shall be unlawful to discharge to any natural
outlet within the Town of Bath or in any area under the
jurisdiction of said Town, any wastewater or other polluted
waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this Ordinance
and with regulations of the Division of Environmental
Management, Department of Natural Resources and Community
Development of the State. Except as hereinafter provided,
it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility
• intended or used for the disposal of wastewater.
The Owner of all houses, buildings or properties
used for human occupancy, employment, recreation, or other
purposes, situated within the Town and abutting on any
street, alley, or right-of-way in which there is now
located or may in the future be located a public sanitary
sewer of the Town, is hereby required at the Owner(s)
expense to install suitable toilet facilities and to
connect such facilities directly with the proper public
sewer in accordance with the provisions of this Ordinance,
within ninety (90) days after the date of official notice
to do so, provided that said public sewer is within two
hundred (200) feet of the property line. Under unusual
and/or special circumstances, the Town may waive or modify
this provision.
All new subdivisions as defined in this Ordinance,
shall connect to the Town of Bath's public sewer system if
any perimeter property is within 200 feet of an existing
sewer line. The connection shall be at the Subdivider's
expense.
(b) Private Wastewater Disposal.
Where a public sanitary sewer is not available, the
4-8

• SECTION 4-2-2. REGULATIONS
building sewer shall be connected to a private wastewater
disposal system complying with all applicable provisions of
the Beaufort County Health Department.
At such time as a public sewer become available to
a property served by a private wastewater disposal system,
a direct connection shall be made to the public sewer
within ninety (90) days. Under unusual and/or special
circumstances, the Town may waive this provision.
(c) Building Sewers and Connections.
No unauthorized person(s) shall uncover, make any
connections with or opening into, use, alter, or disturb
any public sewer or appurtenance thereof without first
obtaining written approval from the Town Administrator.
All costs and expenses incidental to the installation and
connection of the building sewer shall be borne by the
Owner(s). The Owner(s) shall indemnify the local
government from any loss or damage that may directly or
• indirectly be occasioned by the installation of the
building sewer provided, however, that such indemnification
shall not extend to loss or damage due solely to willful
misconduct or negligence on the part of the local
government. Where any premises have more than one (1)
sewer outlet pipe, it shall be the responsibility .of the
Owner(s) to install sewage disposal pipes into one (1)
outlet to be tied into the sewer system.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and
test by the Town Administrator, to meet all requirements of
this Ordinance. Existing building sewers may be kept in
service if, in the opinion of the Town Administrator, they
are in acceptable structural condition and operate
satisfactorily. All new building sewers including any
necessary replacement of existing building sewers must
comply with the North Carolina State Building Code, Volume
II, Plumbing.- The connection of the building sewer into
the public sanitary sewer shall be made in accordance with
applicable construction standard of the Town.
No person(s) shall make connection of roof down-
spouts, foundation drains, areaway drains, or other sources
of, infiltration/inflow to a building sewer or'building
• drain which in turn is connected directly or indirectly to
a public sanitary sewer.
4-9

• SECTION 4-2-2.
REGULATIONS
All excavations for building sewer installation
shall be adequately guarded with barricades and lights so
as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course
of the work shall be restored in a manner satisfactory to
the local government.
It shall be the responsibility of the property
Owner(s) to keep and maintain the building sewer connected
to the public sewer in good repair. The Owner(s) shall be
responsible for making necessary repairs, at his own
expense, to.the building sewer when notified in writing by
the local government that repairs are necessary. Should
the Owner(s) fail to repair the building sewer within sixty
(60) days after -receiving written notification by the local
government that such repairs are necessary, the local
government may make the necessary repairs to the building
sewer and shall assess the Owner(s) for the cost of the
repairs.
• Town employees shall have the right to enter, at
reasonable times, any premises, store, or dwelling for the
purpose of installing pipes, simplex pumps, electrical
boxes, switch boxes, wires, anchors, and other fixtures and
appurtenances as the Town may from time to time require in
the operation of the sewer treatment system.
It shall be the responsibility of the owner of the
premises to supply electricity for the simplex pumps
operating the sewer treatment system for their premises.
The Town shall have the duty to connect the electrical
service and! the maintenance thereof, and the premises'
owner shall -have the duty to pay all electrical bills
incurred on his premises.
Grease, oil, and sand interceptor sewers shall be
provided when, in the opinion of the Town Administrator,
they are necessary for the proper handling of liquid wastes
containing floatable oil in excessive amounts, sand or
other harmful ingredients; except that such interceptors
shall not be required for private living quarters or
dwelling units. All interceptors shall be of a type and
capacity approved by the Town Administrator, and shall be
located as to be readily and easily accessible for cleaning
and inspection. Where installed, all grease, oil''and sand
• interceptors shall be maintained by the'Owner(s) at his
4-10

• SECTION 4-2-2. REGULATIONS
expense in continuously efficient operation at all times.
In the maintaining of these interceptors, the Owner(s)
shall be responsible for the proper removal and disposal by
appropriate means of the captured material and shall
maintain records of the dates and means of disposal which
are subject to review by the Town. Any removal and hauling
of the collected materials not performed by Owner(s)
personnel must be performed by currently licensed waste
disposal firms.
(d) Authorization to Discharge Require
It shall be unlawful to discharge to the POTW any
wastewater except as authorized by the Town Administrator
in accordance with the provisions of this Ordinance.
(1) General Users. Any person who shall hereafter
desires to discharge any wastewater into the Town's POTW
shall, before making any such discharge, first apply to the
Town Administrator for permission to do so. The
Administrator may grant such permission when evidence is
submitted by the applicant that the discharge of wastes
into the public sewers will comply with the requirements of
this Ordinance. Disputes .over the sufficiency of such
evidence shall be first to the Town Administrator and then
to the Town Board of Commissioners. Permission by the Town
Administrator to discharge wastewater will in no way
relieve such persons of the responsibility to produce an
effluent acceptable to the Administrator under the terms of
this Ordinance.
(2) Significant Industrial Users. All significant
industrial users proposing to connect to or discharge into
any part of- the wastewater treatment system must first
obtain an official Wastewater Discharge Permit as described
in Section 4-2-3(a).
(3) Authorization to Modify Discharge. All users
shall give notice to the Town Administrator in advance *of
any of the following:
(i) Any' anticipated change in the average
weekday wastewater flow for five consecutive weekdays that
will result in a flow increase of 15% or more above the
annual average weekday wastewater flow for the'. previous
• calendar year. If such an increase should occur
4-11

E
•
•
SECTION 4-2-2.
REGULATIONS
unexpectedly, then immediate notification must be. given .to
the Town Administrator. Upon such notification, the
Administrator will determine if such an increase in flow
rate may continue.
(ii) Any change in the wastewater discharged
to the sewer that has the potential of having an adverse
effect on the wastewater collection system or the treatment
facilities.
Such change in discharge shall not be carried
out until permission has been granted by the Town Adminis-
trator. such permission shall not relieve the user from
complying with all the requirements of this Ordinance.
After permission has been granted by the Town
Administrator, an evaluation period of ninety (90) days
shall be utilized for determining the effects of the
changes on the wastewater collection system and treatment
facilities.
At the end of this period, the Administrator shall
determine if the user is'allowed to continue the discharge.
During the ninety (90) day evaluation period, if the
treatment facility becomes in violation of any State or
Federal discharge permit or any State or Federal statutes,
the Administrator may require the user to immediately cease
the discharge.
(e) Prohibited Discharges.
It shall be unlawful for any person to discharge
or cause to be discharged any pollutant -or wastewater which
will interfere with the operation and/or performance of the
POTW. These general prohibitions apply to all such users
of the POTW whether or not the user is subject to National
Categorical Pretreatment Standards or any other national,
State, or local pretreatment standard or requirements. A
user may not discharge the following substances into the
POTW:
(1) Any unpolluted waters such as infiltration/
inflow to any sanitary sewer. Storm water and all other
unpolluted drainage shall be discharged,to such sewers as
are specifically designed as storm sewers or to a natural
outlet approved -by the Town Administrator and DEM.' Unpol-
luted industrial cooling water or process waters may be
discharged on approval of the Town Administrator and DEM to
a storm sewer or natural outlet.
4-12

• SECTION 4-2-2. REGULATIONS
(2) Any liquids, solids or gases which by reason
of their nature or. quantity are, or may be, sufficient
either alone or by interaction with other -substances' to
cause fire or explosion or be injurious in any other way to
the POTW or to the operation of the POTW. At no time shall
two successive readings on an explosion hazard meter, at
the point of discharge into the system (or at any point in
the system), be more than five percent (5%) nor any single
reading over ten percent (10%) of the Lower Explosive Limit
(LEL) of the meter. Materials specifically prohibited from
discharge into the POTW include gasoline, kerosene,
naphtha, fuel oil, and any other substances which the local
government, the State or EPA has notified the user is a
fire hazard or a hazard to the system.
(3) Solid or viscous substances which may cause
obstruction to the flow in a sewer or other interference
with the operation of the POTW such as, but not limited to:
grease, garage with particles greater than one-half inch
(1/211) in any dimension, animal guts or tissues, paunch
manure, bones, hair, hides or fleshings, entrails, whole
• blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass
clippings, rags, spent grains, spent hops, waste paper,
wood plastics, gas, tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud or
glass grinding or polishing wastes.
is
(4) _Any wastewater having a.pH less than 6.0 or
greater than 9.0 or wastewater having any other corrosive
property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
(5) Any wastewater containing toxic substances in
sufficient quantity, either singly or by interaction with
other pollutants, to injure or interface with any
wastewater treatment process, constitute a hazard to humans
or animals, create a toxic effect in the receiving waters
of the POTW, or to exceed the.limitation set forth in a
Categorical Pretreatment Standard.
(6) Any noxious or malodorous liquids, gases, or
solids which either singly or by interaction with other
wastes are sufficient to create a public nuisance or hazard
to life or are sufficient to prevent entry into the sewers
for their maintenance and repair.
4-13

• SECTION 4-2-2.
REGULATIONS
(7) Any substance which may cause the POTW's
effluent or any other product of the POTW such as residues,
sludges, or scums, to be unsuitable for reclamation process
where the POTW is pursuing a reuse and reclamation program.
In no case shall a substance discharged to the POTW cause
the POTW to fail to be in compliance with sludge use or
disposal criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the Solid
Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act, or State criteria applicable to the sludge
management method being used.
(8) Any substance which will cause the POTW to
violate its NPDES and/or State Disposal System Permit or
the receiving water quality standards.
(9) Any wastewater with objectionable color not
removed in the treatment process, such as, but not limited
to, dye wastes.
. (10) Any wastewater, ,liquid, or vapors having a
temperature higher than one hundred fifty (150) degrees
Fahrenheit.
(11) Any pollutants, releasing at a flow rate
and/or pollutant concentration which will cause
interference with the POTW.
(12) Any wastewater, containing any radioactive
wastes.or.isotopes of such halflife or concentration as may
exceed limits established by the local government in
compliance with applicable State and/or Federal regulations
and which will or may cause damage or hazards to
structures, equipment and/or personnel of the POTW.
(13) Quantities of flow, concentrations, or both
which constitute a slug as defined herein.
(14) Any clothing, rags, textile remnants or
waste, cloths, scraps, except fiber or scrap that will pass
through the equivalent of a one-fourth inch (1/411) mesh
screen.
(15) Any wastewater which contains greater than 100
mg/1 of fat, oil, or grease.
• (16) Any wastewater in which the suspended solids
exceed 300 mg/l.
4-14

• SECTION 4-2-2. REGULATIONS
(17) Any wastewater in which the BOD exceeds 300
mg/ 1.
(18) Any wastewater in which the COD exceeds 600
mg/l.
When the Town Administrator determines that a
user(s) is discharging any of the above enumerated
substances or is discharging wastewater containing
pollutants in levels exceeding those commonly associated
with domestic wastewater, (except for significant indus-
trial users as defined and regulated by this Ordinance),
the Town Administrator shall: (1) Advise the user(s) of
the impact of the discharge; and (2) develop effluent
limitations(s) for such user to correct the discharge.
The Town Administrator may however, upon satisfac-
tory presentation by a user(s) that a variance to one or
more of the above enumerated substances is warranted,
permit the user(s) to discharge an effluent in quantity or
quality not consistent with the limitations set forth
• above. Such permission shall be granted only after
suitable arrangements and fees have been established and
set forth in the user's wastewater discharge permit.
•
(f) Federal Categorical Pretreatment Standards.
Upon the promulgation of the Federal Categorical
Pretreatment Standards for a particular industrial subcate-
gory, the Federal Standard, if more stringent than limita-
tions imposed under this Ordinance for sources in that
subcategory, shall immediately supersede the limitations
imposed under this Ordinance. The Town Administrator shall
notify all affected users of the applicable reporting
requirements under 40 CFR, Section 403.12.
(g) State Requirements. i _
State requirements and limitations on discharges
shall apply in any case where they are more stringent than
Federal requirements and limitations or those in this
Ordinance.
4-15

• SECTION 4-2-2.
(h) Dilution Prohibition.
REGULATIONS
No user shall ever 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 the
Federal Categorical Pretreatment Standards, or in any other
pollutant -specific limitation developed by the local
government or State.
(i) Flow Equalization.
When a user's direct discharge flow rates or
concentrations vary to the extent that significant
operating difficulties are encountered in, the POTW, the
Town Administrator may require that the user construct and
maintain, at his own expense, a flow equalization basin of
a design approved by the Town.
(j) Accidental Discharge.
• (1) Protection Required. Each user shall provide
protection from accidental discharge of prohibited
materials or other substances regulated by this Ordinance.
Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner or
user's own cost and expense. Detailed plans showing
facilities and operating procedures to provide this
protection shall be submitted to the Town Administrator for
review and shall be approved by the local government before
construction of the facility. All existing users shall
complete such a plan within 180 days of the effective date
of this Ordinance. No user who commences contribution to
the POTW after the effective date of this Ordinance shall
be permitted to introduce pollutants until accidental
discharge procedures have been approved by the local
government. Review and approval of such plans and
operating procedures shall not relieve the responsibility
to modify the facility as necessary to meet the require-
ments of this Ordinance. In the case of an accidental
discharge, it is the responsibility of the user to
immediately telephone and notify the Town Administrator of
the incident. The notification shall include location of
discharge, type of waste, concentration. and. volume, and
corrective actions.
•
1 4-16

SECTION 4-2-2. REGULATIONS
(2) Notice to the Town Administrator. Within five
(5) days following an accidental discharge, the user shall
submit to the Town Administrator a detailed written report
describing the cause of the discharge and the measures to
be taken to prevent similar future occurrences. Such
notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a
result of damage to the wastewater treatment system, fish
kills, or any.other damage to person or property, nor shall
such notification relieve the user of any fines, civil
penalties, or other liability which may.be imposed by this
article or other applicable law.
(3) Notice to Employees. A notice shall -be
permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the
event of a dangerous discharge. Employers shall insure
that all employees who may cause such a discharge to occur
or may suffer from the discharge are advised of the
emergency notification procedure.
. (k) Town's Right of Revision.
•
The Town reserves the right to establish by
Ordinance more stringent limitations or requirements on
discharges to the wastewater treatment system if deemed
necessary to comply with the objectives presented in
4-2-1(a)
4-17

• SECTION 4-2-3.
Section 4-2-3.
INDUSTRIAL DISCHARGES
INDUSTRIAL DISCHARGES.
(a) Wastewater Discharge Permits.
All significant industrial users proposing to
connect to or discharge into any part of the wastewater
treatment system must first obtain a Wastewater Discharge
Permit.
(1) Permit Application. The application for a
Wastewater Discharge Permit shall be filed with the Town
Administrator and shall be accompanied by an application
fee as set by the Town Board of Commissioners. In support
of the. application, the user shall submit, in units and
terms appropriate for evaluation, the following
information:
(i) Name, address and SIC number of
applicant;.
• (ii) Wastewater constituents and charac-
teristics including but not limited to those mentioned in
Section 4-2-2(e) any constituent subject to a National
Categorical Pretreatment Standard; or a toxic pollutant, as
determined by a reliable analytical laboratory. All
sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to Section
304(g) of the Act and contained in 40 CFR, Part 136, as
amended;
(iii) Time and duration of discharge;
(iv) Estimated average daily and peak
wastewater flow rates, including daily, monthly and
seasonal variations if any;
(v) Plans or drawings showing all sewers,
service connections, and appurtenances by the size,
location and elevation with sufficient other details as to
make the plans or drawings intelligible;
(vi) Site plans, floor plans, mechanical and
plumbing plans and details to show all building drains,
building sewers, and appurtenances by the size, location
and elevation;
4-18

•
INDUSTRIAL DISCHARGES
(vii) Description of activities, facilities and
plant processes on the premises including all materials
which are or could be discharged;
(viii) Where known, the nature and concentration
of any pollutants in the discharge which are limited by any
local.government, State, or Federal Pretreatment Standards,
and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis and if not,
whether additional O&M (operation and maintenance) and/or
additional pretreatment is required for the user to meet
applicable Pretreatment Standards;
(ix) If additional pretreatment and/or O&M
will be required to meet the Pretreatment Standards, the
shortest schedule by which the user will provide such
additional pretreatment. The completion date in this
schedule shall not be later than the compliance date
established for the applicable Pretreatment Standard.
The following conditions shall apply to this
.schedule:
1. The schedule shall contain incre-
ments of progress in the form of dates for the commencement
and completion of major events leading to the construction
and operation of additional pretreatment required for the
user to meet the applicable Pretreatment Standards .or
Requirement (g.g., hiring an engineer, completing prelimi-
nary plans, completing final plans, 'executing contract for
major components, commencing construction, completing
construction, etc.).
2. No increment referred to in
paragraph 1. shall exceed 9 months.
3. Not later than 14 days following
each date in the schedule. and the final date for com-
pliance, the user shall submit a progress report to the
Town Administrator including, as a minimum, whether or not
it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for
delay, and the steps being taken by the user to return the
construction to the schedule established. In no event
shall more than 9 months elapse between such progress
reports to the Town Administrator.
4-19

• SECTION 4-2-3. INDUSTRIAL DISCHARGES
(x) Each product produced by type, amount,
process or processes and rate of production;
(xi) Number of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system
(xii) Any other information as may be deemed by
the Town to be necessary to evaluate the application.
C�
The Town Administrator will evaluate the data
furnished by the user and may require additional informa-
tion. After evaluation and acceptance of the data
provided, the Town Administrator may issue a Wastewater
Discharge Permit subject to the terms and conditions
provided here.
Significant industrial users which through
changes in the use of the premises or water usage cause a
significant change in wastewater volume, strength, or
characteristic shall require a new application filed prior
to making the change or alteration.
(2) Permit Modifications. Within 9 months of the
promulgation of a National Categorical Pretreatment
Standard, the Wastewater Discharge Permit of users subject
to such standards shall be revised to require compliance
with such standard within the time frame prescribed by such
standard. Where a user, subject to a National Categorical
Pretreatment Standard, has not previously submitted an
application for a Wastewater Discharge Permit as required
by Section 4-2-3, the user shall apply for a Wastewater
Discharge Permit within 180 days after the promulgation of
the Applicable National Categorical Pretreatment Standard.
In addition, the user with an existing Wastewater Discharge
Permit shall submit to the local government within 180 days
after the promulgation.of an applicable Federal Categorical
Pretreatment Standard the information required by para-
graphs (viii) and (ix) of Section 4-2-3 (a) (1) .
(3) Permit Conditions. Wastewater Discharge
Permits shall be expressly subject to all provisions of
this Ordinance and all other applicable regulations, user
charges and fees established by the Town of Bath. Permits
may contain the following:
4-20

e
•
SECTION 4-2-3. INDUSTRIAL DISCHARGES
(i) The unit charge or schedule of user
charges and fees for the wastewater to be discharged to the
POTW;
(ii) Limits on the average and maximum
wastewater constituents and characteristics;
(iii) Limits on average and maximum rate and
time of discharge or requirements for flow regulations and
equalization;
(iv) Requirements for installation and
maintenance of inspection and monitoring facilities;
(v) Specifications for monitoring programs
which may include sampling locations, frequency of
sampling, number, types and standards for tests and
reporting schedule
(vi) Compliance schedules;
(vii) Requirements for submission of technical
reports or discharge reports (see Section 4-2-3(b));
(viii) Requirements for maintaining and
retaining plant records relating to wastewater, discharge as
specified by the Town Administrator, and affording access
thereto;
(ix) Requirements.for notification of the Town
Administrator of any new introduction of wastewater
constituents or any substantial change in the volume or
character of wastewater constituents being introduced into
the wastewater treatment system;
(x) Requirements for notification of
accidental indirect discharges and for any other indirect
discharges which are prohibited in Section 4-2-2(e);
(xi) Other conditions as deemed appropriate by
the Town Administrator to ensure compliance with this
ordinance.
(4) Permit Duration. Permits shall be issued for
a specific time period, not to exceed three (3) years. A
4-21

SECTION 4-2-3. INDUSTRIAL DISCHARGES
•
permit may be issued for a period less than a year or may
be stated to expire on a specific date. •The user shall
apply for permit reissuance a minimum of 30 days prior to
the expiration of the user's existing permit. The terms
and conditions of the permit may be subject to modification
by the Town Administrator during the term of the permit as
limitations or requirements as identified in Section 4-2-2
are modified or other just cause exists. The user shall be
informed of any proposed changes in his permit at least 30
days prior to the effective date of change. Any changes or
new conditions in the permit shall include a reasonable
time schedule for compliance.'
(5) Permit Transfer. Wastewater Discharge Permits
are issued to a specific user for a specific operation.- A
Wastewater Discharge Permit shall not be reassigned or
transferred or sold to a •new owner, new user, different
premises, or a new or changed operation without the
approval of the Town Administrator. Any succeeding owner
or user shall also comply with the terms•and conditions of
• the existing permit.
(b) Sampling and Monitoring Requirements.
•
(1) Compliance Data Report. Within 90 days
following the date for final compliance with applicable
Pretreatment Standards or, in the case of a New Source,
following commencement of the introduction of wastewater
into the POTW, any user subject to Pretreatment Standards
and Requirements or required to obtain a Wastewater
Discharge Permit shall submit to the Town Administrator a
report indicating the nature and concentration of all
pollutants in the discharge from the regulated process
which are limited by Pretreatment Standards and Require-
ments and the average and maximum daily flow for these
process units in the user facility which are limited by
such. Pretreatment Standards or Requirements. The report
shall state whether the applicable Pretreatment Standards
or Requirements are being met on a consistent basis and, if
not, what additional O&M and/or pretreatment is necessary
to bring the user into compliance with the applicable
Pretreatment Standards or Requirements. This statement
shall be signed by an authorized representative of the
industrial user, and certified to by a qualified
professional.
4-22

SECTION 4-2-3.
INDUSTRIAL DISCHARGES
(2) Periodic Compliance Reports. Any user
required to obtain a Wastewater Discharge Permit, or
subject to a Pretreatment Standard, after the compliance
date of such Pretreatment Standard, or, in the case of a
New Source, after commencement of the discharge into the
POTW, shall submit to the Town Administrator a report
indicating the nature and concentration of pollutants in
the effluent which are limited by such Pretreatment
Standards or Requirements. In addition, this report shall
include a record of measured or estimated average and
maximum daily flows for the reporting period. Sampling and
reporting shall be done at least twice in every one-year
period, at such times as the Town Administrator may
designate.
(c) Analysis of Discharge.
All measurements, tests and analyses of -the
characteristics or properties of waters and wastes to which
reference is made in this Ordinance shall be made in
accordance with "Standard Methods," herein defined, and
Is shall be performed by a qualified laboratory..
•
(d) Inspection and Sampling; Right of Entry.
The Town Administrator or his representative shall
inspect the facilities of any user to ascertain whether the
purpose of this Ordinance is being met and all requirements
are being compiled with. Persons or occupants of premises
where wastewater is created or discharged shall allow the
Administrator or his representative ready access at. all
reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination or in
the performance of any -of their duties. The Town, Approval
Authority and EPA shall have the right' to set up on the
user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and/or metering
operations.
(e) Pretreatment.
Users shall provide necessary wastewater treatment
as required to comply with this Ordinance and shall achieve
compliance with all Federal Categorical Pretreatment
4-23

•
SECTION 4-2-3. INDUSTRIAL DISCHARGES
Standards within the time limitations as specified by the
Federal Pretreatment Regulations. Any facilities required
to pretreat wastewater to a level acceptable to the Town
Administrator shall be provided, operated, and maintained
at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be
submitted to the Town Administrator 'for review, and shall
be acceptable to the local government before construction
of the facility. The review of such plans and operating
procedures will in no way relieve the user from the
responsibility of modifying the provisions of this
Ordinance. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and
be acceptable to the local government prior to the user's
initiation of the changes.
The Town shall annually publish in the Washington
Daily News a list of users who were not in compliance with
any pretreatment requirements or standards at least once
during the previous 12 months. The notification shall also
summarize and enforcement actions-taken.against the user(s)
during the same 12 months.
All records relating to compliance with Pretreat-
ment Standards shall be made available to officials of the
EPA, the State, or other approval authority upon request.
(f) Confidentiality.
Information and data on a user obtained from
reports,. questionnaires discharge applications and
monitoring programs and from inspections shall be available
to the public or other governmental agency without
restriction unless the user specifically requests and is
able to demonstrate to the satisfaction of the Town that
the release of such information would divulge information,
processes or methods of production entitled to protection
as trade secrets of the user. When requested by the person
furnishing the report, the portions of a report which might
disclose trade secrets or secret processes shall not be
made available for inspection by the public. It will,
however, be made available upon written request to
governmental agencies for uses related to this Ordinance,
the National Pollutant Discharge Elimination System (NPDES)
4-24

• SECTION 4-2-3.
0
•
INDUSTRIAL DISCHARGES
Permit, State Disposal System Permit and/or the Pretreat-
ment Programs; *provided, however, that such portions of a
report shall be available for use by the State or any State
Agency in judicial review or enforcement proceedings
involving the person furnishing the report. . Wastewater
constituents and characteristics shall not be recognized as
confidential information.
Information accepted by the local government as
confidential shall not be given to any governmental agency
or to the general public by the local government until and
unless a ten-day notification is given to the user.
4-25

SECTION 4-2-4. REVENUE SYSTEM; USER CHARGES
Section 4-2-4. REVENUE SYSTEM; USER CHARGES
(a) Intent.
The intent of the user charge system is to
distribute the cost of operation and maintenance (including
replacement) of the POTW to the pollutant source and to
promote self-sufficiency of the POTW with respect to
operation and maintenance costs.
As used in this Section, the term "replace-
ment" is defined as those expenditures for obtaining and
installing equipment, accessories, or appurtenances which
are necessary during the service life of the POTW to
maintain the capacity and performance for which such works
were' designed and constructed. The term "operation and
maintenance" includes replacement.
The user charge system described in this
section shall take precedence over any previous terms of
. conditions, agreements, or contracts.
(b) User Class.
Each user shall be charged a share of the
treatment works operation and maintenance cost based on the
measured proportional contribution to the treatment works
loading. Generally, the user charge will be dependent upon
flow insofar as BOD, suspended solids, and other pollutant
contributions discharged by all users are approximately
equal. Where such pollutants exceed the range of con-
centration of these pollutants in normal domestic sewage,
a surcharge as described in Section 4-2-4 (e) will be added
to the base charge.
(c) User Charge Criteria.
The revenue system shall be maintained by the
Town in accordance with the following requirements:
(1) The system must result in;the distribu-
tion of the cost of operation and maintenance of treatment
works within the Town's jurisdiction to each user (or user
class) in proportion to such user's contribution to the
total wastewater loading of the POTW. Factors such as
• strength, volume, and delivery flow rate characteristics.
4-26

• SECTION 4-2-4.
REVENUE SYSTEM; USER CHARGES
shall be considered and included as the basis for the
user's contribution to ensure a proportional distribution
of operation and maintenance costs to each user (or user
class).
(2) The user charge system must generate
sufficient revenue to offset the cost of all treatment
works operation and maintenance provided by the Town.
(3) The system must result in ' the
distribution of the cost of operation and maintenance for
extraneous flows (i.e., infiltration and inflow) among all
users.
(4) Each user must be notified, at least
annually, in conjunction with a regular bill, of the user
charge rates and that portion of these rates which is
attributable to wastewater treatment services.
(d) Calculation of User Charge.
• The user charge fee shall be based on the
following formula:
Cu = C£ + CV
N F
Where,
Cu = User charge
Cf = Total fixed operation and maintenance costs
Cv = Total variable operation and maintenance costs
N = Number of users
F = Total volume of flow
Appendix A provides the basic data and calculations
to determine user charges.
(e) Surcharge on Industrial Wastes.
The user charge for industrial customers shall
be calculated on the same basis as a residential customer
unless pollutant loadings exceed those concentrations in
normal domestic sewage and are above the established base-
line pollutant concentrations. Baseline pollutant
concentrations shall be 300 mg/1 for BOD and 300 mg/1 for
• TSS. Where so determined, a surcharge, added.to the base
charge, shall be levied.
4-27

• SECTION 4-2.4. REVENUE SYSTEM; USER CHARGES
(f) Calculation of Industrial Surcharge.
The industrial surcharge shall be calculated
based on the following formula:
CS = CB(BOD5-300) + CT(TSS-300)
Where,
CS = Total surcharge
BOD5 = the 5-day Biochemical Oxygen Demand (BOD)
in mg/1 of the industrial waste
CB = the operation and maintenance cost for
treatment of a unit of BOD
TSS = the total suspended solids in mg/l of the
industrial waste
CT = the operation and maintenance cost for
treatment of a unit of TSS
(g) Adoption and Review of Rates.
• The Town Board of Commissioners shall review
the recommended user charge rate annually, or more often as
deemed necessary, and adopt a rate or rates to be charged
during the ensuing fiscal year or other time period
designated by the Board.
(h) Billing.
The user charges, as set forth in this
Section, shall be billed and payable monthly on a bill
rendered to the proper persons bythe Town.
•
Bills for sewer service are due when rendered
and are delinquent after'30 days. In the event the bill
for sewer service is not paid in 30 days after it was
rendered, a penalty of five dollars ($5.00) shall be added
and shall be paid by the consumer.
Delinquent notices will be mailed to the
consumer, and if not paid within 30 days after date of
mailing, sewer service may be discontinued. A $25.00
reconnection fee shall be charged for reinstating sewer
service.
4-28

• SECTION-4-2-4. REVENUE SYSTEM; USER CHARGES
Failure to receive bills mailed or notices
shall not prevent the bills from becoming delinquent nor
relieve the consumer from payment. "
(i) Hook-up Charges.
All those residences, businesses and churches
receiving water from the Town water system and appearing
on the original construction contract of T. A. Loving Co.,
Inc., dated May, 1986, shall be hooked up. to the public
sewer system at no charge to the owner.
Non -benefited users according to FmHA guidelines
shall pay a hook-up fee prescribed by the Town Board of
Commissioners.
All residences, businesses, and churches not
receiving water and not appearing on the original construc-
tion contract with T. A. Loving Co., Inc. dated May, 1986,
shall pay a hook-up fee in the amount of the Town's cost of
. such service, together with •an administrative. cost to be
set by the Town Board. It is the intention of the Town to
develop a .standard rate for hook-ups to the system, and
•such policy shall be .implemented at such time as system
reserves are adequate and available to, feasibly adopt a
standard rate.
•
4-29

i
SECTION 4-2-5. EXTENSIONS
Section 4-2-5. EXTENSIONS
(a) General Provisions.
All extensions of or sanitary sewer service shall
be governed by the following:
(1) The minimum distance for any extension of a
sanitary sewer main shall be determined by the Town Board
of Commissioners. In general, the minimum distance for
extensions shall be one platted block.
(2) The size of sanitary sewer mains to be
installed and the other required system facilities shall be
determined by the Town Board of Commissioners in accordance
with recognized standards and accepted engineering
practices and design and in accordance with applicable
system plans adopted by the Town.
(b) Application Required.
• Any property owner, or owners, desiring sanitary
sewer service shall apply in writing to the Town Board of
Commissioners requesting the extension of sanitary sewer
service. No request for the extension of services shall be
considered unless submitted in writing in accordance with
the requirements of this section.
The Town may require the applicant to submit as .
part of the written application information such as
engineering plans, cost estimates or other data or
information as may be required to adequately determine if
the requirements of this ordinance are to be met.
When application is made for a sewer extension -to
serve an area or development that is planned as part of a
larger development project or subdivision, all of which is
to be developed at the time application is made, the owner
or owners shall submit plans in sufficient detail in order
to determine the size and type facilities which will be
necessary to serve the entire development or subdivision
when completed.
4-30

SECTION 4-2-5. EXTENSIONS
(c). Extensions Within the -Corporate Limits...
(1) General. The Town shall be responsible for
estimating the cost of extending sewer service within -the
corporate, limits. When application is received requesting
the extension of service to serve property within the
corporate limits, the Town Board of Commissioners shall
consider the application, the estimated cost and the
required information.
If the application is approved by the Town
Board of Commissioners, subject to. the availability of
funds and any constraints on the wastewater treatment
system, the Town will install or have installed by contract
under its supervision, the extensions which have been
approved, and the extension(s) shall be financed in
accordance with this section.
(2.) Financing. When an approved sanitary sewer
extension project has been completed and the total cost
• thereof has been determined, 70% of the total cost of the
extensions shall be assessed against the property owners
who's property abuts upon the extension. In determining
the basis for making the assessment, the Town may consider
any pertinent information regarding the particular
extension, and may utilize any formula or basis permitted
by G.S. 160A-218 and under the authority granted to the
Town by G.S. 160A-216. The remaining 30% of the total cost
of the extensions shall be borne by the Town.
0
Any property owner or owners shall have the
opportunity to pay his .or their proportionate share of the
cost of such extensions after the assessment roll is
confirmed rather paying his or their share in equal annual
installments.
(3) Oversize Mains. When the Town determines that
it is advisable to install larger size facilities than are
necessary to serve the property requesting the extension,
the difference in cost of the larger size facilities over
the cost of the facilities required to serve the property
requesting -the extension shall be paid for by the Town and
excluded from the total cost to be°shared - by the property
owner(s) and the Town as provided for herein.
4-31

• SECTION 4-2-5 EXTENSIONS
•
(4) Extension by Town's Initiative. Nothing in
this section shall prevent the Town from extending sewer
mains within the corporate limits on their own motion
without receipt of an application from property owners, and
to assess the cost of such extensions in accordance with
paragraph (2) above when, in the opinion of the Town Board
of Commissioners, the general public interest demands such
extension or service.
.(d) Extensions outside the Corporate Limits.
(1) General. The applicant shall be responsible
for estimating the cost of extending sewer service outside
the corporate limits and shall assume all other costs that
may be incurred in submitting an application under Section
4-2-5(b). Only properties served with Town water will be
considered for service by Town sewer.
(2) Financing. If an application is approved by
the Town Board of Commissioners, the owner or owners shall
be required to pay 100% of the total cost' of all exten-
sions. However, the Town may participate to the extend
agreed upon by the Board of Commissioners in the cost of
larger size mains that are in excess of the size mains
required to serve the project. No reimbursement shall be
made upon any subsequent annexation, and all sewer lines
connected to the Town system and located outside the
corporate limits shall become the property of the Town at
the time those facilities are connected.
Prior to the beginning of any construction,
the owner or owners shall deposit with the Town funds in an
amount equal to at least loot of the total estimated cost
of the extensions. Upon receipt of the funds a written
contract shall be entered into by and between the. Town and
the property owner(s). The contract shall provide that in
the event the funds deposited exceed the amount of the
total extension cost when completed, then that portion in
excess of the total cost will be refunded to the owner(s)
without interest. The contract shall also provide that if
the amount deposited is less than the total cost, when
completed, the owner(s) shall pay the additional amount to
the Town.
4-32

SECTION 4-2-5. EXTENSIONS
•
In lieu of depositing funds the owner(s) may
execute a surety bond guaranteeing payment for the
extension, or the owner(s) may have the extension work
performed under. private contract with the approval of
the Town Board of Commissioners, provided the work is to
be performed in accordance with all construction require-
ments of the Town and subject to inspection and approval of
the Town.
(3) Specifications; Ownership. Any sanitary sewer
main extended under the provisions, of this section shall
be installed and. constructed in accordance with the
approved plans, specifications, and other requirements of
the Town. All facilities installed under the provisions of
this section, whether within or outside the corporate
limits shall become the sole property of the Town and under
its jurisdiction and control for any and all purposes
whatsoever at the time those facilities are connected to
the Town system. When required, the property owner or
owners shall grant to the Town such utility easements as
the Town may require. In addition, a deed to the Town for
is sewer facilities installed which are located outside the
corporate limits, the cost of which is borne by individual
property owners, shall be executed prior to the time any
extensions provided .for in this section are connected to
the Town system.
•
4-33

•
SECTION 4-2-6. ENFORCEMENT
Section 4-2-6.
ENFORCEMENT.
(a) Notification of Violation.
Whenever the Town Administrator finds that any user
has violated or is violating this Ordinance, a Wastewater
Discharge Permit, or any prohibition, limitation. or
requirement contained herein, the Administrator shall serve
upon such.person a written notice stating the nature of the
violation. Within thirty (30) days of the date of the
notice, a plan for the satisfactory correction thereof
shall be submitted to the Administrator by the user.
(b) Suspension of Service.
The Town Administrator may suspend the wastewater
treatment service and/or a Wastewater Discharge Permit
when, in the opinion of the Administrator, such suspension
is necessary in order to stop an actual or -threatened
discharge which presents or may present an imminent or
substantial .endangerment to the health or welfare of
persons, to the environment, causes interference to the
POTW, or causes the Town to violate any condition of its
NPDES Permit.
. Any person notified of a suspension of the waste-
water treatment service and/or the Wastewater Discharge
Permit shall immediately' stop or eliminate the contribu-
tion. In the event of a failure of the person to comply
voluntarily with the suspension order, the Town Adminis-
trator shall take such steps as deemed necessary including•
immediate severance of the sewer connection, to prevent or
minimize damage to the POTW or prevent endangerment to any
individuals. The Administrator shall reinstate. the
Wastewater Discharge Permit and/or the wastewater treatment
service upon proof of the elimination of the non -complying
discharge.
(c) Revocation of Permit.
Any user who violates the following conditions of
this Ordinance or any other applicable State and Federal
regulations is subject to having his permission to
discharge revoked: 6
4-34

a
• SECTION 4-2-6. ENFORCEMENT
(1) Failure of a user to factually report the
wastewater constituents and characteristics of his
discharge;
(2) Failure of a user to report significant
changes in operations, or wastewater constituents or
characteristics;
(3) Refusal of reasonable access to the user's
premises for the purpose of inspection or monitoring; or-
(4) Violation of Sections 4-2-2.e, 4-2-2.h, and
4-2-2.j of this Ordinance.
(5) Violation of any of the conditions set out in
the permit to discharge.
(d) Show Cause Hearing-
(1) Hearing Notice. The Town Administrator may
• order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the Town
Board of Commissioners why the proposed enforcement action
should not be taken. The Town Board of. Commissioners
itself may conduct the hearing and take evidence, or may
direct any of its members or an officer or employee to do
so.
•
(2) Issuance of Order. After the Town Board of
Commissioners has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing
that, following a specified time period, the sewer service
be. discontinued unless adequate treatment facilities,
devices or other related appurtenances shall have been
installed or existing treatment facilities, devices or
other related appurtenances are properly operated. Further
orders and directives as are necessary and appropriate may
be issued.
4-35

•
•
.7
SECTION 4-2-7.
Section 4-2-7. PENALTIES..
(a) Civil Penalties.
PENALTIES
Any user who is found to have violated an Order of
the Town Board of Commissioners or who failed to comply
with any provision of this Ordinance, and the orders,
rules, regulations and permits issued hereunder, shall be
fined not less than One Hundred Dollars ($100.00) nor more
than One Thousand Dollars ($1,000.00) for each offense.
Each day on which a violation may occur or continue shall
be deemed a separate and distinct offense. The user also -
shall reimburse the Town upon demand for any expenses,
loss, or damage actually sustained by the Town to its sewer
system, treatment plant, treatment processes or receiving
waters as a result of such a violation, and for the amount
of any fine or penalty imposed upon the Town by any State
or Federal regulatory agency as a result of such violation,
and for other actual costs, including payroll costs,
incurred by the Town as a result of such violation. In
addition to the penalties provided herein, the Town may
recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by
appropriate suit at law against the person found to have
violated this Ordinance or the orders, rules, regulations,
and permits issued hereunder. 1 -
(b) Falsifying Information.
Any person who knowingly makes any false state-
ments, representation or certification in any application,
record, report, plan or other document filed or required to
be maintained pursuant to this Ordinance, or Wastewater
Discharge Permit, or who falsifies, tampers with, or know-
ingly renders inaccurate any monitoring device or method
required under this Ordinance, shall, upon conviction, be
punished by a fine of not more than $1,000 or by imprison-
ment for not more than six (6) months, or by both.
(c) Malicious Damage.
No person(s) shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which
is a part of the Town's wastewater treatment system. Any
person(s) violating this provision shall, upon conviction,
be punished as provided for under Section 14-4 of the
General Statutes of North Carolina.
4-36

SECTION 4-2-8. SEVERABILITY
Section 4-1-8. SEVERABILITY.
If any provision, paragraph, word, section or article
of this Ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words,
sections, and chapters shall not be affected and shall
continue in full force and effect.
Section 4-2-9. CONFLICT.
All other Ordinances, Regulations and portions of such
documents inconsistent or.conflicting with any part of this
Ordinance are hereby .repealed to the extent of such
inconsistency or conflict.
Section 4-2-10. ORDINANCE IN FORCE.
This Ordinance shall be in full force and effect from
and after its passage, approval, and recording.
Adopted this the 12th day of December,-1988.
Town Administrator
4-37
Mayor

.•
APPENDIX A
Calculation of User Charge
•

a
ble 1
VENUES AND EXPENDITURES
TOWN OF BATH SEWER SYSTEM
--------------------------------------------------------------
REVENUES Estimated
($) 1989
--------------------------------------------------------------
User fees (estimated at $3,300 per month) 39,600
Connection fees
Reconnection fees
Interest
Miscellaneous
TOTAL 39,600
-----------------------------------
EXPENDITURES
-----------------------------------
Salaries (1)
FICA
Insurance
bt Service
ilities (at $150/month)
Chemicals (at $50/month)
Office (postage & telephone)
Contracted services (lab work)
Extensions (2)
-----------------------------------
Subtotal
Maintenance, repair, & replacement
--------------------------
Estimated
1989
--------------------------
99900
640
500
16,645
1,800
600
300
350
3,000
--------------------------
331735'
3,374
u� cyui�..rmc♦��. ♦ avi• u� uuuyc�.cu- cnr c�wa au� c�i
TOTAL 37,109
(1) Utilities engineer (estimated at $825/mo)
(2.) at 500 ft/yr at $6/ft
NET EARNINGS ()= negative dollars 2,492
Source: Town estimates
0

Oble 2
FIXED AND VARIABLE COSTS 1989
----------------------------------------------------------------------------
Expenditure
Fixed
Cost
Variable
Total Cost
Item (% Total
Cost)
( )
Cost ( )
t )
---------------------------------------------------------------------------
Salaries
75
79425
2,475
91900
FICA.
75
480
160
640
Insurance
100
500
0
500
Debt Service
100
169645
0
16,645
Utilities
25
450
1,350
1,800
Chemicals
25
150
450
600
Office
100
300
0
300
Contracted services
100
350
0
350
Extensions
0
0
3,000
39000
Maintenance & repair
----------------------------------------------------------------------------
50
1,687
1,687
3,374
TOTAL
-
27,987
99122
379109
Source: Mid -East Commission calculations
Table 3
USER CHARGE CALCULATIONS
-----------------------------------------
puts Estimated 1989
--------------------------------------
N= Number of Users
155
F= Fixed Expenses (>
27,987 -
V= Variable Expenses ()
9,122
T= Total Volume Flow
71628,500
(gallons per year)
(based on 95% of water
flow of 22,OOO gpd)
-----------------------------------------
Monthly Charge= base rate + variable rate
= C(F/12)/N3 + (V/T)
Base rate ($/month) 15.05
Variable rate ($/1000 gal)= 1.20
Source: Mid -East Commission calculations
Table 4
SAMPLE USER -CHARGE
-----------------------------------------
Monthly water use (gal) 39500
Base rate ($) 15.05
ariable rate O (3,500 g 4.19
x $x.xx per 19000 gal)
-----------------------------------------
TOTAL CHARGE ($) 19.23
Source: Mid -East Commission calculations

Table 5
CHARGE COMPARISONS WORKSHEET (charges in S)
Monthly
Fixed
Variable
Total
Total
Total Charge
Difference
Water Use
Charge
Charge
Sewer
Hater &
Under Current
(Proposed -
(gal)
----------------------------------------------------------------------------------
-S ewer (1)
System
Current)
1,400
15.05
1.67
16.72
24.22
20.00
4.22
1,600
15.05
1.91
16.96
24.46
20.00
4.46
11800
15.05
2.15
17.20
24.70
20.00
4.70
21000
15.05
2.39
17.44
24.94
20.00
4.94
21200 '
15.45
2.63
17.69
25.18
21.00
4.18
21400
15.05
2.87
17.92
25.42
22.00
3.42
2,600
15.05
3.11
18.16
25.66
23.00
2.66
21800
15.05
3.35
18.39
25.69
24.00
1.89
31000
15.05
3.59
18.63
26.13
25.00
1.13
39200
15.05
3.83
18.87
26.37
26.00
0.37
31400
15.05
4.07
19.11
26.61-
27.00
-0.39
31600
15.05
4.30
19.35
26.85
29.00
-1.15
3,800
15.05
4.54
19.59
27.09
29.00
-1.91
4,000
15.05
4.78
19.83
27.33
30.00
-2.67 "
41200
15.05
5.02
220.07
27.57
31.00
-3.43
41400
15.05
5.26
20.31
27.81
32.00
-4.19
4,600
15.05
5.50
20.55
28.05
33.00
-4.95
• .
4,800
15.05
5.714
20.79
26.29
34.00
-5.71
5,000
----------------------------------------------------------------------------------
15.05
5.98
21.03
28.53
35.00
-6.47
(1) add $7.50 for water usage up to 5,000 gal/month
Source: Mid -East Commission calculations
9

•
35
34
33
32
31
30
29
28
27
26
25
24
23
22
21
20
1,400
CHARGE COMPARISONS
Bath Utility Rates
1,800 2,200 2,600 3,000 3,400 3,800 4,200 4,600 5,000
Monthly Water Useacge
(Sal)
r--
1
y i