NC0021903_Sewer Use Ordinance_20200317

M
MCDAVID ASSOCIATES, INC.
INC. Engineers•Planners•Land Surveyors
CORPORATE OFFICE GOLDSBORO OFFICE
[phone]•Fax[phone] [phone]•Fax[phone]
E-mail:[e-mail] E-mail [e-mail]
3714 N.Main Street•P.O.Drawer 49 109 E.Walnut Street•P.O.Box 1776
Farmville,NC 27828 Goldsboro,NC 27533
March 13,2020
Mr. Monti Hassan, Pretreatment Coordinator
NC PERCS Branch RECEIVED
NC Division of Water Resources MAR 17 2020
1617 Mail Service Center
Raleigh,NC 27699-1617 NCDEQ/DWRINPDES
Subject: Town of Warsaw
Submittal of New SUO
NPDES No.NC00221903
Dear Mr.Hassan:
On March 9,2020,the Town of Warsaw adopted a new Sewer Use Ordinance in order to bring
their ordinance into conformance with the State's Model Sewer Use Ordinance.Enclosed are the
► following for your review and approval:
1. The new Warsaw Sewer Use Ordinance(Approved by the Town Board of Commissioners).
2. The Sewer Use Ordinance Check List.
3. The Town Attorney's Certification regarding the Sewer Use Ordinance.
It appears the Town may have one or more Significant Industrial Users.This new Sewer Use
Ordinance is the first step in developing Warsaw's Industrial Pretreatment Program. We look forward to
your approval.
Sincerely,
cD ASS E , C.
Cecil G. Madden,Jr., P.E.
Goldsboro Office
Enclosures
Cc: Scotty Summerlin
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SUO TO NC PERCS.DOCX

Cecil G. Madden
From: Scotty Summerlin <[e-mail]>
Sent: Friday, March 13, 2020 3:11 PM
To: 'Madden, Cecil, P.E. (McDavid Associates,Inc.)'
Subject: Warsaw Sewer Use Ordinance (March 2020)
Attachments: Warsaw SUO march 2020.pdf
Cecil, C ` ,c
Find attached Warsaw's recently adopted Sewer Use Ordinance (adopted/revised 3/9/20). RECEIVED
MAR 17 2020
Sincerely,
NCDEQ/DWR/NPDES
Scotty Summerlin
Town Manager
Town of Warsaw
PO Box 464
Warsaw, NC 28398
[phone] ext. 105 phone
[phone] fax
[e-mail]
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Pursuant to North Carolina General Statutes Chapter 132,Public Records, this electronic mail message and any attachments hereto,as well as any
electronic mail message(s)that may be sent in response to it may be considered public record and as such are subject to request and review(with
statutory exceptions)by anyone at any time.
1

Town of Warsaw
RECEIVED
Sewer Use Ordinance MAR 17 2020
NCDEQIDWRINPDES
(SUO)
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SUo
TABLE OF CONTENTS
Page#
SECTION 1 -GENERAL PROVISIONS
1.1 Purpose and Policy 3
1.2 Definitions and Abbreviations 3
SECTION 2-GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards 9
2.2 National Categorical Pretreatment Standards 10
2.3 Local Limits 10
2.4 State Requirements 11
2.5 Right of Revision 11
2.6 Dilution 11
2.7 Pretreatment of Wastewater 11
2.8 Accidental Discharge/Slug Control Plans 12
2.9 Hauled Wastewater 12
SECTION 3 -FEES
3.1 Purpose 13
3.2 User Charges 13
3.3 Surcharges 13
3.4 Pretreatment Program Administration Charges 13
SECTION 4- WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers 14
4.2 Wastewater Permits 14
SECTION 5 -REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports 20
5.2 Compliance Schedule Progress Reports 21
5.3 Reports on Compliance with Categorical Pretreatment Standard Deadline 21
5.4 Periodic Compliance Reports 21
5.5 Reports of Changed Conditions 21
5.6 Reports of Potential Problems 22
5.7 Reports from Unpermitted Users 22
5.8 Notice of Violation/Repeat Sampling and Reporting 22
5.9 Notification of the Discharge of Hazardous Waste 23
5.10 Analytical Requirements 23
5.11 Sample Collection 23
5.12 Timing 24
5.13 Record Keeping 24
SECTION 6-COMPLIANCE MONITORING
6.1 Monitoring Facilities 25
6.2 Inspection and Sampling 25
6.3 Search Warrants 25
SECTION 7-CONFIDENTIAL INFORMATION 26
SECTION 8-ENFORCEMENT
8.1 Administrative Remedies 27
8.2 Civil Penalties 28
8.3 Other Available Remedies 29
8.4 Remedies Nonexclusive 29
SECTION 9- ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE 30
SECTION 10-ADJUDICATORY HEARINGS 31
SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 31
11.1 Upset 31
11.2 Prohibited Discharge Standards Defense 32
11.3 Bypass 32
SECTION 12-SEVERABILITY 32
SECTION 13-CONFLICT 32
SECTION 14-EFFECTIVE DATE 33
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SECTION 1 -GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and
treatment system for the Town of Warsaw,hereafter referred to as the Town, and enables the Town to comply with
all applicable State and Federal laws, including,the Clean Water Act(33 United States Code§1251 et seq.)and the
General Pretreatment Regulations(40 CFR,Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater
system which will interfere with the operation of the system or contaminate the resulting sludge;
(b) To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater
system which will pass through the system, inadequately treated, into any waters of the State or
otherwise be incompatible with the system;
(c) To promote reuse and recycling of industrial wastewater and sludges from the municipal system;
(d) To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the
course of their employment as well as protecting the general public;
(e) To provide for equitable distribution of the cost of operation,maintenance and improvement of the
municipal wastewater system;and
(f) To ensure that the municipality complies with its NPDES or Non-discharge Permit conditions,
sludge use and disposal requirements and any other Federal or State laws to which the municipal
wastewater system is subject.
This ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater system,
through the issuance of permits to certain non-domestic users and through enforcement of general requirements for
the other users,authorizes monitoring and enforcement activities,requires user reporting 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 municipal wastewater system, as authorized by N.C.G.S. 160A-312
and/or 153A-275. The Town shall designate an administrator of the Publicly Owned Treatment Works or POTW and
pretreatment program hereafter referred to as the Town Manager. Except as otherwise provided herein, the Town
Manager shall administer,implement and enforce theprovisions of this ordinance.Anypowers granted
gp p w s gra t d to or imposed
upon the Town Manager may be delegated by the Town Manager to other Town personnel.
By discharging wastewater into the Town wastewater system, industrial users located outside the Town limits agree
to comply with the terms and conditions established in this Ordinance,as well as any permits,enforcement actions,
or orders issued hereunder.
1.2 Definitions and Abbreviations
(a) Unless the context specifically indicates otherwise,the following terms and phrases,as used in this
ordinance,shall have the meanings hereinafter designated:
(1) Act or"the Act". The Federal Water Pollution Control Act,also known as the Clean Water
Act,as amended,33 U.S.C. §1251,et seq.
(2) Approval Authority. The Director of the Division of Water Resources of the North
Carolina Department of Environment and Natural Resources or his designee.
(3) Authorized Representative of the Industrial User.
(i) If the industrial user is a corporation,authorized representative shall mean:
(A) the president,secretary,or a vice-president of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation,or
B) the manager of one or more manufacturing, production, or operation
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
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recommendations, and initiate and direct comprehensive measures to
assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(ii) If the industrial user is a partnership or sole proprietorship, an authorized
representative shall mean a general partner or the proprietor,respectively.
(iii) If the industrial user is a Federal,State or local government facility,an authorized
representative shall mean a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government facility,
or their designee.
(iv) The individuals described in paragraphs i-iii above may designate another
authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company,and the written authorization is submitted
to the Town.
v) If the designation of an authorized representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the
facility, or overall responsibility for environmental matters for the company, a
new authorization satisfying the requirements of this section must be submitted to
Town Manager prior to or together with any reports to be signed by an authorized
representative.
(4) Biochemical Oxygen Demand(BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five(5)days at 20°
centigrade,usually expressed as a concentration(e.g.mg/I).
(5) Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW.
(6) Bypass. The intentional diversion of waste streams from any portion of a user's treatment
facility.
(7) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment
Standard.
(8) Control Authority. Refers to the POTW organization if the POTW organization's
Pretreatment Program approval has not been withdrawn.
(9) Environmental Protection Agency, or 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.
(10) Grab Sample. A sample which is taken from a waste stream on a one-time basis without
regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
(11) Holding Tank Waste. Any waste from holding tanks, including but not limited to such
holding tanks as vessels,chemical toilets,campers,trailers,septic tanks,and vacuum-pump
tank trucks.
(12) Indirect Discharge or Discharge. The discharge or the introduction from any nondomestic
source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the
POTW including holding tank waste discharged into the system.
(13) Industrial User or User.Any person which is a source of indirect discharge.
(14) Interference. The inhibition, or disruption of the POTW collection system, treatment
processes, operations,or its sludge process, use,or disposal,which causes or contributes
to a violation of any requirement of the Control Authority's NPDES,collection system,or
Non-discharge Permit or prevents sewage sludge use or disposal in compliance with
specified applicable State and Federal statutes,regulations,or permits. The term includes
prevention of sewage sludge use or disposal by the POTW in accordance with section 405
of the Act,(33 U.S.C. 1345)or any criteria,guidelines,or regulations developed pursuant
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to the Solid Waste Disposal Act(SWDA)(42 U.S.C.§6901,el seq.),the Clean Air Act,the
Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act
(MPRSA) 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.
(15) Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes,sharps,body parts,contaminated bedding,surgical wastes,potentially
contaminated laboratory wastes,and dialysis wastes.
(16) National Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with sections
307(b) and (c) of the Act (33 U.S.C. §1317) which applies to a specific category of
industrial users,and which appears in 40 CFR Chapter 1,Subchapter N,Parts 405-471.
(17) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
section [2.11 of this ordinance and are developed under the authority of 307(b)of the Act
and 40 CFR,section 403.5.
(18) New Source. As defined in 40 CFR 403.3(m),including any subsequent amendments and
additions.
(19) Noncontact Cooling Water.Water used for cooling which does not come into direct contact
with any raw material,intermediate product,waste product,or finished product.
(20) National Pollution Discharge Elimination System, or NPDES, Permit. A permit issued
pursuant to section 402 of the Act(33 U.S.C. §1342),or pursuant to N.C.G.S. 143-215.1
by the State under delegation from EPA.
(21) Non-discharge Permit. A permit issued by the State pursuant to G.S. 143-215.1(d) for a
waste which is not discharged directly to surface waters of the State or for a wastewater
treatment works which does not discharge directly to surface waters of the State.
(22) Pass Through. A discharge which exits the POTW into waters of the State in quantities or
concentrations which, alone or with discharges from other sources, causes a violation,
including an increase in the magnitude or duration of a violation,of the Control Authority's
NPDES,collection system,or Non-discharge Permit.
(23) Person. Any individual, partnership, co-partnership, firm, company, corporation,
association,joint stock company,trust,estate,governmental entity or any other legal entity,
or their legal representatives,agents or assigns. This definition includes all Federal, State,
and local government entities.
(24) pH. A measure of the acidity or alkalinity of a substance,expressed as standard units,and
calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen
ions expressed in grams per liter of solution.
(25) Pollutant. Any"waste"as defined in N.C.G.S. 143-213(18)and dredged spoil,solid waste,
incinerator residue,sewage,garbage,sewage sludge,munitions,medical wastes,chemical
wastes,biological materials,radioactive materials,heat,wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste and certain
characteristics of wastewater(e.g., pH,temperature, TSS, turbidity, color, metals, BOD,
COD,toxicity,and odor).
(26) POTW Director.The chief administrative officer(Town Manager)of the Control Authority
or his/her delegate.
(27) POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
(28) Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to or in lieu of
discharging or otherwise introducing such pollutants into a POTW collection system and/or
treatment plant. The reduction or alteration may be obtained by physical, chemical, or
biological processes,or process changes or other means,except as prohibited by 40 CFR
Part 403.6(d).
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(29) Pretreatment Program. The program for the control of pollutants introduced into the
POTW from non-domestic sources which was developed by the Town in compliance with
40 CFR 403.8 and approved by the approval authority as authorized by N.C.G.S. 143-
215.3(a)(14)in accordance with 40 CFR 403.11.
(30) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment,other than a pretreatment standard.
(31) Pretreatment Standard. Any prohibited discharge standard,categorical standard,or local
limit which applies to an industrial user.
(32) Publicly Owned Treatment Works(POTW)or Municipal Wastewater System. A treatment
works as defined by section 212 of the Act, (33 U.S.C. §1292) which is owned in this
instance by the Town. This definition includes any devices or systems used in the
collection,storage,treatment,recycling,and reclamation of municipal sewage or industrial
wastes of a liquid nature.It also includes sewers,pipes,and other conveyances only if they
convey wastewater to the POTW treatment plant. For the purposes of this ordinance,
"POTW"shall also include any sewers that convey wastewaters to the POTW from persons
outside the Town who are, by contract or agreement with the Town,or in any other way,
users of the POTW of the Town.
(33) Severe Property Damage. Substantial physical damage to property, damage to the user's
treatment facilities which causes them to become inoperable,or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
(34) Significant Industrial User or SIU. An industrial user that discharges wastewater into a
publicly owned treatment works and that:
(A) Discharges an average of 25,000 gallons per day or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewaters);or
(B) contributes process wastewater which makes up five percent or more of the
NPDES or Non-discharge permitted flow limit or five percent or more of the
maximum allowable headworks loading of the POTW treatment plant for any
POTW pollutant of concern;or
(C) is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40
CFR chapter I,Subchapter N,Parts 405-471;or
(D) is designated as such by the Control Authority on the basis that the industrial user
has a reasonable potential for adversely affecting the POTW's operation, or for
violating any Pretreatment Standard or requirement, or for contributing to
violations of the POTW's effluent limitations and conditions in its NPDES or non-
discharge permit,or for limiting the POTW's sludge disposal options.
(E) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraphs
(A)and(B)above has no reasonable potential for adversely affecting the POTW's
operation or for violating any Pretreatment Standards or requirement, or for
contributing to violations of the POTW's effluent limitations and conditions in its
NPDES or non-discharge permit,or for contributing to violations of the POTW's
receiving stream standard, or for limiting the POTW's sludge disposal options,
and thus is not a Significant Industrial User.
(F) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph
(C)above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a Non-
Significant Categorical Industrial User.
(G) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph
(C) above meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a
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Middle Tier Significant Industrial User. Sampling and inspection requirements
may be cut in half as per 40 CFR Parts 403.8(f)(2)(v)(C).and 403.12(e)(3).
(35) Significant Noncompliance or SNC is the status of noncompliance of a Significant
Industrial User when one or more of the following criteria are met, Additionally, any
Industrial User which meets the criteria in Subparagraph(a)(35),Parts(C),(D),or(H)shall
also be SNC,
(A) Chronic violations of wastewater discharge limits,defined here as those in which
sixty-six(66)percent or more of all the measurements taken for the same pollutant
parameter (not including flow) during a six month period exceed (by any
magnitude) a numeric Pretreatment Standard or Requirement including
instantaneous limits,as defined by 40 CFR Part 403.3(1);
(B) Technical Review Criteria(TRC)violations,defined here as those in which thirty-
three(33)percent or more of all the measurements taken for the same pollutant
parameter during a six-month period equal or exceed the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits,as defined
by 40 CFR Part 403.3(1)multiplied by the applicable TRC;(TRC=1.4 for BOD,
TSS,fats,oil and grease, 1.2 for all other pollutants(except flow and pH);
(C) Any other violation of a Pretreatment Standard or Requirement as defined by 40
CFR Part 403.3(1) (daily maximum, long-term average, instantaneous limit, or
narrative standard) that the Control Authority and/or POTW determines has
caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the general
public);
(D) Any discharge of a pollutant or wastewater that has caused imminent
endangerment to human health,welfare or to the environment or has resulted in
either the Control Authority's or the POTW's, if different from the Control
Authority, exercise of its emergency authority under 40 CFR Part
403.8(f)(1)(vi)(B) and Section 8.1(e) of this SUO to halt or prevent such a
discharge;
(E) Violations of compliance schedule milestones,contained in a pretreatment permit
or enforcement order, for starting construction, completing construction, and
attaining final compliance by 90 days or more after the schedule date.
(F) Failure to provide reports for compliance schedule,self-monitoring data,baseline
monitoring reports, 90-day compliance reports, and periodic compliance reports
within 45 days from the due date.
(G) Failure to accurately report noncompliance.
(H) Any other violation or group of violations that the Control Authority and/or
POTW determines will adversely affect the operation or implementation of the
local pretreatment program.
(36) Slug Load or Discharge. Any discharge at a flow rate or concentration which has a
reasonable potential to cause Interference or Pass-Through, or in any other way violates
the POTW's regulations, local limits, or Industrial User Permit conditions. This can
include but is not limited to spills and other accidental discharges; discharges of a non-
routine,episodic nature;a non-customary batch discharge;or any other discharges that can
cause a violation of the prohibited discharge standards in section 2.1 of this ordinance.
(37) 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, 1987.
(38) Storm Water. Any flow occurring during or following any form of natural precipitation
and resulting there from.
(39) Suspended Solids. The total suspended matter that floats on the surface of,or is suspended
in,water,wastewater or other liquids,and which is removable by laboratory filtering.
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(40) Upset. An exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include noncompliance to the extent
caused by operational error,improperly designed treatment facilities,inadequate treatment
facilities,lack of preventive maintenance,or careless or improper operation.
(41) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, mobile sources, treatment facilities and
institutions, together with any groundwater, surface water, and storm water that may be
present,whether treated or untreated,which are contributed into or permitted to enter the
POTW.
(42) Wastewater Permit. As set forth in section 4.2 of this ordinance.
(43) Waters of the State. All streams, rivers, brooks, swamps, sounds, tidal estuaries, bays,
creeks,lakes,waterways,reservoirs and all other bodies or accumulations of water,surface
or underground, natural or artificial, public or private, which are contained within, flow
through,or border upon the State or any portion thereof.
(b) This ordinance is gender neutral and the masculine gender shall include the feminine and vice-versa.
(c) Shall is mandatory;may is permissive or discretionary.
(d) The use of the singular shall be construed to include the plural and the plural shall include the
singular as indicated by the context of its use.
(e) The following abbreviations when used in this ordinance,shall have the designated meanings:
(1) BOD Biochemical Oxygen Demand
(2) CFR Code of Federal Regulations
(3) COD Chemical Oxygen Demand
(4) EPA Environmental Protection Agency
(5) gpd Gallons per day
(6) I Liter
(7) mg Milligrams
(8) mg/1 Milligrams per liter
(9) N.C.G.S. North Carolina General Statutes
(10) NPDES National Pollution Discharge Elimination System
(11) 0&M Operation and Maintenance
(12) POTW Publicly Owned Treatment Works
(13) RCRA Resource Conservation and Recovery Act
(14) SIC Standard Industrial Classification
(15) SWDA Solid Waste Disposal Act
(16) TSS Total Suspended Solids
(17) TKN Total Kjeldahl Nitrogen
(18) U.S.0 United States Code.
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SECTION 2-GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
(a) General Prohibitions. No user shall contribute or cause to be contributed into the POTW,directly
or indirectly,any pollutant or wastewater which causes interference or pass through.These general
prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or
subject to any National,State,or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW the
following pollutants,substances,or wastewater:
(I) Pollutants which create a fire or explosive hazard in the POTW,including,but not limited
to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test
methods specified in 40 CFR 261.21.
(2) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in interference but in no case solids greater than one half inch(1/2") in
any dimension.
(3) Petroleum oil,nonbiodegradable cutting oil,or products of mineral oil origin,in amounts
that will cause interference or pass through.
(4) Any wastewater having a pH less than 6.0 or more than 9 or wastewater having any other
corrosive property capable of causing damage to the POTW or equipment.
(5) Any wastewater containing pollutants, including oxygen-demanding pollutants, (BOD,
etc.)in sufficient quantity,(flow or concentration)either singly or by interaction with other
pollutants,to cause interference with the POTW.
(6) Any wastewater having a temperature greater than 150° F(66° C),or which will inhibit
biological activity in the POTW treatment plant resulting in Interference, but in no case
wastewater which causes the temperature at the introduction into the treatment plant to
exceed 104°F(40°C).
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designated by the Town
Manager in accordance with section 2.9 of this ordinance.
(9) Any noxious or malodorous liquids, gases, or solids or other wastewater 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 maintenance and repair.
(10) 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 and reuse or to
interfere with the reclamation process. In no case, shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or
permits issued under section 405 of the Act;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.
(11) Any wastewater which imparts color which cannot be removed by the treatment process,
including, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts sufficient color to the treatment plant's effluent to render the waters
injurious to public health or secondary recreation or to aquatic life and wildlife or to
adversely affect the palatability of fish or aesthetic quality or impair the receiving waters
for any designated uses.
(12) Any wastewater containing any radioactive wastes or isotopes except as specifically
approved by the Town Manager in compliance with applicable State or Federal regulations.
(13) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage,swimming pool drainage,condensate,deionized water,noncontact cooling water
and unpolluted industrial wastewater,unless specifically authorized by the Town Manager.
(14) Fats,oils,or greases of animal or vegetable origin in concentrations greater than 100 mg/I
unless authorized by the Town Manager.
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(15) Any sludges,screenings or other residues from the pretreatment of industrial wastes.
(16) Any medical wastes, except as specifically authorized by the Town Manager in a
wastewater discharge permit.
(17) Any material containing ammonia, ammonia salts, or other chelating agents which will
produce metallic complexes that interfere with the municipal wastewater system.
(18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if
not disposed of in a sewer except as may be specifically authorized by the Town Manager.
(19) Any wastewater causing the treatment plant effluent to violate State Water Quality
Standards for toxic substances as described in 15A NCAC 2B .0200.
(20) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test.
(21) Recognizable portions of the human or animal anatomy.
(22) Any wastes containing detergents, surface active agents, or other substances which may
cause excessive foaming in the municipal wastewater system.
(23) 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.
Pollutants,substances,wastewater,or other wastes prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains
located in process or materials storage areas must discharge to the industrial user's pretreatment facility
before connecting with the system.
When the Town Manager determines that a user(s)is contributing to the POTW,any of the above enumerated
substances in such amounts which may cause or contribute to interference of POTW operation or pass
through,the Town Manager shall:
1) advise the user(s)of the potential impact of the contribution on the POTW in accordance
with section 8.1;and
2) take appropriate actions in accordance with section 4 for such user to protect the POTW
from interference or pass through.
2.2 National Categorical Pretreatment Standards
Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40
CFR Chapter 1,Subchapter N,Parts 405-471 and incorporated herein.
(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater,the Town Manager may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the Town Manager shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(c) A user may obtain a variance from a categorical pretreatment standard if the user can prove,pursuant
to the procedural and substantive provisions in 40 CFR 403.13,that factors relating to its discharge
are fundamentally different from the factors considered by EPA when developing the categorical
pretreatment standard.
(d) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15.
(e) A user may request a removal credit adjustment to a categorical standard in accordance with 40 CFR
403.7.
2.3 Local Limits
An industrial waste survey is required prior to a User discharging wastewater containing in excess of the following
average discharge limits.
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BOD 250 mg/I
TSS 250 mg/I
NH3 25 mg/I
Arsenic 0.003 mg/1
Cadmium 0.003 mg/I
Chromium 0.05 mg/I (total chromium)
Copper 0.061 mg/1
Cyanide 0.015 mg/1
Lead 0.049 mg/1
Mercury 0.0003 mg/I
Nickel 0.021 mg/1
Silver 0.005 mg/1
Zinc 0.175 mg/I
Industrial Waste Survey information will be used to develop user-specific local limits when necessary to ensure that
the POTW's maximum allowable headworks loading are not exceeded for particular pollutants of concern. User-
specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The Town Manager
may impose mass based limits in addition to,or in place of concentration based limits.
2.4 State Requirements
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.
2.5 Right of Revision
The Town reserves the right to establish limitations and requirements which are more stringent than those required by
either State or Federal regulation if deemed necessary to comply with the objectives presented in section 1.1 of this
ordinance or the general and specific prohibitions in section 2.1 of this ordinance,as is allowed by 40 CFR 403.4.
2.6 Dilution
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 National categorical
pretreatment standards,unless expressly authorized by an applicable pretreatment standard,or in any other pollutant-
specific limitation developed by the Town or State.
2.7 Pretreatment of Wastewater
(a) Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and wastewater
permits issued under section 4.2 of this ordinance and shall achieve compliance with all National
categorical pretreatment standards, local limits, and the prohibitions set out in section 2.1 of this
ordinance within the time limitations as specified by EPA, the State, or the Town Manager,
whichever is more stringent. Any facilities necessary for compliance 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 for review,and shall be approved by the Town
Manager before construction of the facility. The review of such plans and operating procedures
shall in no way relieve the user from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the Town under the provisions of this ordinance. Any subsequent
changes in the pretreatment facilities or method of operation shall be reported to and be approved
by the Town Manager prior to the user's initiation of the changes.
(b) Additional Pretreatment Measures
(1) Whenever deemed necessary, the Town Manager may require users to restrict their
discharge during peak flow periods,designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams,and such other conditions as may be necessary
to protect the POTW and determine the user's compliance with the requirements of this
ordinance.
(2) The Town Manager may require any person discharging into the POTW to install and
maintain,on their property and at their expense,a suitable storage and flow-control facility
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to ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Town
Manager, they are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil,or sand;except that such interceptors shall not be required for
residential users. All interception units shall be of type and capacity approved by the Town
Manager and shall be so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected,cleaned, and repaired regularly, as needed, by the user at
their expense.
(4) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
2.8 Accidental Discharge/Slug Control Plans
(a) The Town Manager shall evaluate whether each significant industrial user needs a plan or other
action to control and prevent slug discharges and accidental discharges as defined in Section 1.2(a)
(36). All SIUs must be evaluated within one year of being designated an SIU. The Town Manager
may require any user to develop,submit for approval,and implement such a plan or other specific
action. Alternatively,the Town Manager may develop such a plan for any user.
(b) All Sills are required to notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge,discharge of a non-routine,episodic nature,a non-
customary batch discharge,or a slug load. Also see Sections 5.5 and 5.6.
(c) An accidental discharge/slug control plan shall address,at a minimum,the following:
(1) Description of discharge practices,including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the Town Manager of any accidental or slug
discharge,as required by section 5.6 of this ordinance;and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials,loading and unloading operations,control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants,including solvents,and/or measures and equipment for
emergency response.
2.9 Hauled Wastewater
(a) Septic tank waste may be introduced into the POTW only at locations designated by the Town
Manager,and at such times as are established by the Town Manager. Such waste shall not violate
section 2 of this ordinance or any other requirements established by the Town. The Town Manager
may require septic tank waste haulers to obtain wastewater discharge permits.
(b) The Town Manager shall require haulers of industrial waste to obtain wastewater discharge permits.
The Town Manager may require generators of hauled industrial waste to obtain wastewater
discharge permits. The Town Manager also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all other requirements of this ordinance.
(c) Industrial waste haulers may discharge loads only at locations designated by the Town Manager.
No load may be discharged without prior consent of the Town Manager.The Town Manager may
collect samples of each hauled load to ensure compliance with applicable standards. The Town
Manager may require the industrial waste hauler to provide a waste analysis of any load prior to
discharge.
(d) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include,
at a minimum, the name and address of the industrial waste hauler, permit number, truck
identification, names and addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry,known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
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SECTION 3-FEES
3.1 Purpose
It is the purpose of this chapter to provide for the recovery of costs from users of the wastewater disposal system of
the Town for the implementation of the program established herein. The applicable charges or fees shall be set forth
in a schedule of sewer use charges and fees by the Town Manager and approved by the Town Board. A copy of these
charges and fees will be made available from the Town Manager.
3.2 User Charges
A user charge shall be levied on all users including,but not limited to,persons,firms,corporations or governmental
entities that discharge,cause or permit the discharge of sewage into the POTW.
(a) The user charge shall reflect,at least,the cost of debt service,operation and maintenance(including
replacement)of the POTW.
(b) Each user shall pay its proportionate cost based on volume of flow.
(c) The Manager of the Town shall review annually the sewage contributions of users,the total costs of
debt service, operation and maintenance of the POTW and will make recommendations to the
Council or Board serving the Town for adjustments in the schedule of charges and fees as necessary.
(d) Charges for flow to the POTW not directly attributable to the users shall be distributed among all
users of the POTW based upon the volume of flow of the users.
3.3 Surcharges: The amount of the surcharges will be based upon the volume of flow and the character and
concentration of the constituents of the wastewater:
(a) The volume of flow used in determining the total discharge of wastewater for payment of user
charges and surcharges shall be based on the following:
(1) Metered water consumption as shown in the records of meter readings maintained by the
Town;or
(2) If required by the Town or at the individual discharger's option, other flow monitoring
devices which measure the actual volume of wastewater discharged to the sewer. Such
devices shall be accessible and safely located,and the measuring system shall be installed
in accordance with plans approved by the Town. The metering system shall be installed
and maintained at the user's expense according to arrangements that may be made with the
Town.
(3) Where any user procures all or part of his or her water supply from sources other than the
Town,the user shall install and maintain at his or her own expense a flow measuring device
of a type approved by the Town.
(b) The character and concentration of the constituents of the wastewater used in determining
surcharges shall be determined by samples collected and analyzed by the Town. Samples shall be
collected in such a manner as to be representative of the actual discharge and shall be analyzed using
procedures set forth in 40 CFR Part 136.
(c) The determination of the character and concentration of the constituents of the wastewater discharge
by the Town Manager or his duly appointed representatives shall be binding as a basis for charges.
3.4 Pretreatment Program Administration Charges
The schedule of charges and fees adopted by the Town may include charges and fees for:
(a) reimbursement of costs of setting up and operating the Pretreatment Program;
(b) monitoring,inspections and surveillance procedures;
(c) reviewing slug control plans, including accidental and/or slug load discharge procedures and
construction plans and specifications;
(d) permitting;
(e) other fees as the Town may deem necessary to carry out the requirements of the Pretreatment
Program.
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SECTION 4-WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers
It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the
Town. When requested by the Town Manager,a user must submit information on the nature and characteristics of its
wastewater within thirty(30)days of the request. The Town Manager is authorized to prepare a form for this purpose
and may periodically require users to update this information.
4.2 Wastewater Permits
All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge
to the POTW. Existing industrial users who are determined by the Town Manager to be significant industrial users
shall obtain a significant industrial user permit within 180 days of receiving notification of the POTW Director's
determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the Town
Manager be required to obtain a wastewater discharge permit for non-significant industrial users.
(a) Significant Industrial User Determination
All persons proposing to discharge non-domestic wastewater,or proposing to change the volume or
characteristics of an existing discharge of non-domestic wastewater shall request from the Town
Manager a significant industrial user determination. If the Town Manager determines or suspects
that the proposed discharge fits the significant industrial user criteria he will require that a significant
industrial user permit application be filed.
(b) Significant Industrial User Permit Application
Users required to obtain a significant industrial user permit shall complete and file with the Town,
an application in the form prescribed by the Town Manager,and accompanied by an application fee
in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply
for a significant industrial user permit within 90 days after notification of the Town Manager's
determination in 4.2(a)above. The application shall include at a minimum:
(A) name of industrial user;
(B) address of industrial user;
(C) standard industrial classification (SIC) code(s) or expected classification and
industrial user category;
(D) wastewater flow;
(E) types and concentrations(or mass)of pollutants contained in the discharge;
(F) major products manufactured or services supplied;
(G) description of existing on-site pretreatment facilities and practices;
(H) locations of discharge points;
(I) raw materials used or stored at the site;
(J) flow diagram or sewer map for the industrial user;
(K) number of employees;
(L) operation and production schedules;and
(M) description of current and projected waste reduction activities in accordance with
G.S. 143-215.1(g);
(c) Food Service Establishments
(A) All food service establishments shall have grease-handling facilities approved by
the Town Superintendent of Public Works or his or her designee. Fats, oils, or
greases are prohibited discharges in accordance with section 2.1(b)(14).
Establishments whose grease-handling facilities or methods are not adequately
maintained to prevent floatable oils, fat or grease from entering the sewerage
system shall be notified in writing of any noncompliance and required to provide
a schedule whereby corrections will be accomplished.
(B) All food service establishments' grease-handling facilities shall be subject to
review, evaluation, and inspection by the Superintendent or his or her designee
during normal working hours.Results of inspections will be made available to the
facility owner,lease-holder or operator.The Superintendent or his or her designee
may lend assistance and make recommendations for correction and improvement.
(C) Food service establishments receiving unsatisfactory evaluations or inspections,
may be subject to penalties or other corrective actions as provided for in Section
8 of this chapter.
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(D) Food service establishments whose operations cause or allow excessive grease to
discharge or accumulate in the town collection system may be liable to the town
for costs related to town service calls for line blockages, line cleanings,line and
pump repairs,and the like,including all labor,materials,and equipment.Failure
to pay all service-related charges may also be grounds for water service
discontinuance and thereby sewer service discontinuance.
(E) Regularly scheduled maintenance of grease-handling facilities is required to
insure adequate operation.In the maintaining of these grease interceptors, the
owner, lease-holder or operator shall be responsible for the proper removal and
disposal of grease by appropriate means and shall maintain on-site records of
dates and means of disposal. A report of grease removals and disposals shall be
submitted to the town each quarter of a calendar year and those records shall be
maintained for a period of three years.
(F) Any food service establishment whose effluent discharge to the sewerage system
is determined by the Superintendent to cause interference in the conveyance or
operation of the sewerage system may be required to sample its grease trap
discharge and have it analyzed for oil and grease at the expense of the owner,
lease-holder or operator.Results of the analyses shall be reported to the town.
(G) All grease traps/interceptors shall be designed and installed to allow for the
complete access for inspection and maintenance of the inner chamber(s) and
viewing and sampling of effluent wastewater discharged to the sewer.
(H) Food service establishments shall adopt procedures for handling sources of
floatable oils, fat or grease originating within their facility. A notice shall be
permanently posted at a prominent place in the facility advising employees of the
procedures to be followed.
(I) All new food service establishments shall be required to install a grease
interceptor,approved by the Superintendent of Public Works.Grease interceptors
shall be adequately sized,with no interceptor less than 1,000 gallons total capacity
unless otherwise approved by the Superintendent.
(J) No new food service establishments will be allowed to initiate operations until
grease-handling facilities are installed and approved by the Superintendent.
(K) All grease interceptors, whether singular or two tanks in series, must have each
chamber directly accessible from the surface to provide means of servicing and
maintaining the interceptor in working and operating condition.
(L) A basket, screen or other intercepting device shall prevent passage into the
drainage system of solids one half inch or larger in size. The basket or device
shall be removable for cleaning purposes.
(M) Where food-waste grinders are installed, the waste from those units shall
discharge directly into the building drainage system without passing through a
grease interceptor. All other fixtures and drains receiving kitchen or food
preparation wastewaters shall pass through a grease interceptor.
(N) Where food-waste grinders are installed, the waste from those units shall
discharge directly into the building drainage system without passing through a
grease interceptor. All other fixtures and drains receiving kitchen or food
preparation wastewaters shall pass through a grease interceptor.
(0) All existing food service establishments shall have grease-handling facilities,
approved by the Superintendent.Food service establishments without any grease-
handling facilities will be given a compliance deadline not to exceed six months
from date of notification to have approved and installed grease handling
equipment in compliance with this standard.
(P) In the event an existing food service establishment's grease-handling facilities are
either under-designed or substandard in accordance with this policy,the owner(s)
will be notified in writing of the deficiencies and required improvements, and
given a compliance deadline not to exceed six months to conform with the
requirements of this grease standard.
(Q) For cases in which outdoor type grease interceptors are infeasible to install,
existing food service establishments will be required to install adequate and
approved under-the-counter grease traps for use on individual fixtures including
dishwashers,sinks and other potentially grease-containing drains.
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(R) Sizing of under-the-counter grease trap units will be in accordance with
recommended ratings for commercial grease traps,attached to this standard.The
grease retention capacity rating in pounds shall be at least two times the gpm flow
rate of the type fixture which it serves.Flow control fittings must be provided to
the inlet side of all under-the-counter units to prevent overloading of the grease
trap and to allow for proper operation.
(S) The location of under-the-counter units must be near the source of the wastewater
as physically possible.
(T) Wastewater from garbage grinders should not be discharged to grease
traps/interceptors.
(U) In maintaining grease traps/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 Superintendent.
use ofen
zymes,The enzym s,grease solvents, emulsifiers and the like is not considered
acceptable grease trap maintenance practice.
(W) Where practical, new food service establishments locating in existing buildings
will be required to comply with the grease trap standards applicable to new
facilities.
(X) Where physically impossible to install outdoor units,under-the-counter units may
be allowed as with existing food service establishments provided prior approval
of unit type,size,location,and the like is approved by the Superintendent.
(d) Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by the current
authorized representative of the user on file with the Control Authority and/or Municipality as
defined in Section 1.2(a)(3)and contain the following certification statement:
"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."
(e) Application Review and Evaluation
The Town Manager will evaluate the data furnished by the user and may require additional
information.
(1) The Town Manager is authorized to accept applications for the Town and shall refer all
applications to the POTW staff for review and evaluation.
(2) Within 45 days of receipt the Town Manager shall acknowledge and accept the complete
application;or if not complete,shall return the application to the applicant with a statement
of what additional information is required.
(f) Tentative Determination and Draft Permit
(1) The POTW staff shall conduct a review of the application and an on-site inspection of the
significant industrial user,including any pretreatment facilities,and shall prepare a written
evaluation and tentative determination to issue or deny the significant industrial user
permit.
(2) If the staffs tentative determination in Paragraph (1) above is to issue the permit, the
following additional determinations shall be made in writing:
(A) proposed discharge limitations for those pollutants proposed to be limited;
(B) a proposed schedule of compliance,including interim dates and requirements,for
meeting the proposed limitations;and
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(C) a brief description of any other proposed special conditions which will have
significant impact upon the discharge described in the application.
(3) The staff shall organize the determinations made pursuant to Paragraphs(1)and(2)above
and the general permit conditions of the Town into a significant industrial user permit.
(g) Permit supporting documentation. The Control Authority staff shall prepare the following
documents for all Significant Industrial User permits.
(1) An allocation table (AT) listing permit information for all Significant Industrial Users,
including but not limited to permit limits, permit effective and expiration dates, and a
comparison of total permitted flows and loads with Division approved maximum allowable
loadings of the POTW,including flow,on forms or in a format approved by the Division.
The AT shall be updated as permits are issued or renewed, and as permits are modified
where the permitted limits or other AT information is revised.
(2) The basis,or rationale,for the pretreatment limitations,including the following:
(A) documentation of categorical determination, including documentation of any
calculations used in applying categorical pretreatment standards;and
(B) documentation of the rationale of any parameters for which monitoring has been
waived under 40 CFR Part 403.12(e)(2).
(h) Final Action on Significant Industrial User Permit Applications
(1) The Town Manager shall take final action on all applications not later than 90 days
following receipt of a complete application.
(2) The Town Manager is authorized to:
(A) issue a significant industrial user permit containing such conditions as are
necessary to effectuate the purposes of this ordinance and N.C.G.S. 143-215.1;
(B) issue a significant industrial user permit containing time schedules for achieving
compliance with applicable pretreatment standards and requirements;
(C) modify any permit upon not less than 60 days notice and pursuant to section 4.2(j)
of this ordinance;
(D) revoke any permit pursuant to section 8.1 of this ordinance;
(E) suspend a permit pursuant to section 8.1 of this Ordinance;
(F) deny a permit application when in the opinion of the Town Manager such
discharge may cause or contribute to pass-through or interference of the
wastewater treatment plant or where necessary to effectuate the purposes of G.S.
143-215.1.
(i) Permit Modification
(1) Modifications of permits shall be subject to the same procedural requirements as the
issuance of permits except as listed below. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(A) changes in the ownership of the discharge when no other change in the permit is
indicated,
(B) a single modification of any compliance schedule not in excess of four months,
(C) modification of compliance schedules(construction schedules)in permits for new
sources where the new source will not begin to discharge until control facilities
are operational.
(2) 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(b), the user
shall apply for a wastewater discharge permit within 180 days after the promulgation of
the applicable National categorical pretreatment standard.
(3) A request for a modification by the permittee shall constitute a waiver of the 60-day notice
required by G.S. 143-215.1(b)for modifications.
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(j) Permit Conditions
(1) The Town Manager shall have the authority to grant a permit with such conditions attached
as he believes necessary to achieve the purpose of this ordinance and N.C.G.S. 143-215.1.
Wastewater permits shall contain,but are not limited to,the following:
(A) a statement of duration(in no case more than five years);
(B) a statement of non-transferability;
(C) applicable effluent limits based on categorical standards or local limits or both;
(D) applicable monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of pollutants to
be monitored,sampling location,sampling frequency,and sample type based on
Federal,State and local law;
(E) requirements for notifying the POTW in the event of an accidental discharge or
slug load as defined in Section 1.2(a)(36);
(F) requirements to implement a Plan or other controls for prevention of accidental
discharges and/or slug loads as defined in Section 1.2(a)(36),if determined by the
Town Manager to be necessary for the User and,
(G) requirements for immediately notifying the POTW of any changes at its facility
affecting the potential for spills and other accidental discharges,or slug load as
defined in 1.2(a)(36). Also see Sections 5.5 and 5.6;
and/or criminal penalties for violation of
(H) a statement of applicablecivil
pretreatment standards and requirements and any applicable compliance schedule.
(2) In addition,permits may contain,but are not limited to,the following:
(A) Limits on the average and/or maximum rate of discharge,and/or requirements for
flow regulation and equalization.
(B) Limits on the instantaneous, daily and/or monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants or
properties.
(C) Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, etc., designed to reduce, eliminate, or prevent
the introduction of pollutants into the treatment works.
(D) Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the municipal wastewater system.
(E) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the system.
(F) Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(G) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for tests, and reporting
schedules.
(H) Requirements for immediate reporting of any instance of noncompliance and for
automatic resampling and reporting within thirty(30)days where self-monitoring
indicates a violation(s).
(I) Compliance schedules for meeting pretreatment standards and requirements.
(J) Requirements for submission of periodic self-monitoring or special notification
reports.
(K) Requirements for maintaining and retaining plans and records relating to
wastewater discharges as specified in section 5.13 and affording the Town
Manager,or his representatives,access thereto.
(L) Requirements for prior notification and approval by the Town Manager of any
new introduction of wastewater pollutants or of any significant change in the
volume or character of the wastewater prior to introduction in the system.
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(M) Requirements for the prior notification and approval by the Town Manager of any
change in the manufacturing and/or pretreatment process used by the permittee.
(N) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable Federal and State pretreatment
standards,including those which become effective during the terms of the permit.
(0) Other conditions as deemed appropriate by the Town Manager to ensure
compliance with this ordinance,and State and Federal laws,rules,and regulations.
(k) Permit Duration
Permits shall be issued for a specified time period,not to exceed five(5)years. A permit may be
issued for a period less than a year or may be stated to expire on a specific date.
(1) Permit Transfer
Wastewater 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.
(m) Permit Reissuance
A significant industrial user shall apply for permit reissuance by submitting a complete permit
application in accordance with section 4.2 a minimum of 180 days prior to the expiration of the
existing permit.
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SECTION 5-REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports
(a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment
standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)
(4),whichever is later,existing categorical users currently discharging to or scheduled to discharge
to the POTW shall submit to the Town Manager a report which contains the information listed in
paragraph (b), below. At least ninety (90) days prior to commencement of their discharge, new
sources,and sources that become categorical users subsequent to the promulgation of an applicable
categorical standard, shall submit to the Town Manager a report which contains the information
listed in paragraph(b),below. A new source shall report the method of pretreatment it intends to
use to meet applicable categorical standards. A new source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged.
(b) Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including the name of the
operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for the
facility.
(3) Description of Operations. A brief description of the nature, average rate of production,
and standard industrial classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4) Flow Measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams,
as necessary, to allow use of the combined waste stream formula set out in 40 CFR
403.6(e).
(5) Measurement of Pollutants.
(A) The categorical pretreatment standards applicable to each regulated process.
(B) The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the POTW Director, of
regulated pollutants in the discharge from each regulated process. Instantaneous,
daily maximum,and long-term average concentrations,or mass,where required,
shall be reported. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in section 5.10 of this
ordinance.
(C) Sampling must be performed in accordance with procedures set out in section 5.11
of this ordinance and 40 CFR 403.12(b)and(g),including 40 CFR 403.12(g)(4).
(6) Certification. A statement, reviewed by the user's current authorized representative as
defined in Section 1.2(a)(3) and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis,and,if not,whether additional
operation and maintenance(O&M) and/or additional pretreatment is required to meet the
pretreatment standards and requirements.
(7) Compliance Schedule. 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 and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in section 5.2 of this
ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified
in accordance with section 4.2(d)of this ordinance.
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5.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by section 5.1(b)(7)of this ordinance:
(a) The schedule shall contain progress increments 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(such events include,but are not
limited to,hiring an engineer,completing preliminary and final plans,executing contracts for major
components, commencing and completing construction, and beginning and conducting routine
operation);
(b) No increment referred to above shall exceed nine(9)months;
(c) The user shall submit a progress report to the Town Manager no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason for any delay, and, if
appropriate,the steps being taken by the user to return to the established schedule;and
(d) In no event shall more than nine (9) months elapse between such progress reports to the Town
Manager.
5.3 Reports on Compliance with Categorical Pretreatment Standard, Deadline
Within ninety(90)days following the date for final compliance with applicable categorical pretreatment standards,or
in the case of a new source following commencement of the introduction of wastewater into the POTW, any user
subject to such pretreatment standards and requirements shall submit to the Town Manager a report containing the
information described in section 5.1(b)(4-6)of this ordinance. For users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(c),this report shall contain a reasonable measure
of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production(or other measure of operation),this report shall include
the user's actual production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with section 4.2(d)of this ordinance.
5.4 Periodic Compliance Reports
Municipalities may sample and analyze user discharges in lieu of requiring the users to conduct sampling and analysis.
(a) All significant industrial users shall,at a frequency determined by the Town Manager but in no case
less than once every six months,submit a report indicating the nature and concentration of pollutants
in the discharge which are limited by pretreatment standards and the applicable flows for the
reporting period. Sampling and analysis must be performed in accordance with procedures set out
in section 5.10 and 5.11 of this ordinance. All periodic compliance reports must be signed and
certified in accordance with section 4.2(d)of this ordinance.
(b) If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the Town Manager, using the procedures prescribed in section 5.10 and 5.11 of
this ordinance,the results of this monitoring shall be included in the report.
5.5 Reports of Changed Conditions
Each user must notify the Town Manager of any planned significant changes to the user's operations or system which
might alter the nature,quality,or volume of its wastewater at least thirty(30)days before the change. The permittee
shall not begin the changes until receiving written approval from the Control Authority and/or Municipality. See
Section 5.6(d)for other reporting requirements.
(a) The Town Manager may require the user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of a wastewater discharge permit
application under section 4.2 of this ordinance.
(b) The Town Manager may issue a wastewater discharge permit under section 4.2 of this ordinance or
modify an existing wastewater discharge permit under section 4.2 of this ordinance in response to
changed conditions or anticipated changed conditions.
(c) For purposes of this requirement, significant changes include, but are not limited to, flow or
pollutant increases of 20 percent(20%)or greater,and the discharge of any previously unreported
pollutants, increases or decreases to production; increases in discharge of previously reported
pollutants; discharge of pollutants not previously reported to the Control Authority and/or
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Municipality; new or changed product lines; new or changed manufacturing processes and/or
chemicals;or new or changed customers.
5.6 Reports of Potential Problems
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
non-routine,episodic nature,a non-customary batch discharge,or a slug load as defined in Section
1.2(a)(36),that may cause potential problems for the POTW,the user shall immediately telephone
and notify the Town Manager of the incident. This notification shall include the location of the
discharge,type of waste,concentration and volume, if known,and corrective actions taken by the
user.
(b) Within five(5)days following such discharge,the user shall,unless waived by the Town Manager,
submit a detailed written report describing the cause(s)of the discharge and the measures to be taken
by the user 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 POTW,
natural resources,or any other damage to person or property;nor shall such notification relieve the
user of any fines,penalties,or other liability which may be imposed pursuant to this ordinance.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees who to call in the event of a discharge described in paragraph (a), above. Employers
shall ensure that all employees, who may cause such a discharge to occur, are advised of the
emergency notification procedure.
(d) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge,discharge of a non-routine,episodic nature,a non-
customary batch discharge,or a slug load as defined in Section 1.2(a)(36).
5.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Town
Manager as the Town Manager may require.
All users classified as Non-Significant Categorical Industrial Users under Section 1.2(a)(34)(F)shall
provide appropriate reports to the Town Manager as the Town Manager may require. At a minimum,this
shall include the Annual Certification of continuing to meet the Non-Significant Categorical Industrial User
criteria as required under 40 CFR 403.12(q).
5.8 Notice of Violation/Repeat Sampling and Reporting
(a) If sampling performed by a user indicates a violation,the user must notify the Town Manager within
twenty-four(24)hours of becoming aware of the violation. The user shall also repeat the sampling
and analysis and submit the results of the repeat analysis to the Town Manager within thirty(30)
days after becoming aware of the violation. If allowed by the Town Manager the user is not required
to resample:
(1) if the Town Manager monitors at the user's facility at least once a month; or
(2) if the Town Manager samples between the user's initial sampling and when the user
receives the results of this sampling.
(b) If the Town Manager has performed the sampling and analysis in lieu of the industrial user and the
POTW sampling of the user indicates a violation,the Town Manager shall repeat the sampling and
obtain the results of the repeat analysis within thirty (30) days after becoming aware of the
violations,unless one of the following occurs:
(1) the Town Manager monitors at the user's facility at least once a month; or
(2) the Town Manager samples the user between their initial sampling and when the POTW
receives the results of this initial sampling; or
(3) the Town Manager requires the user to perform sampling and submit the results to the
Town Manager within the 30 day deadline of the POTW becoming aware of the violation.
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5.9 Notification of the Discharge of Hazardous Waste
The Town prohibits the discharge of any hazardous wastes without notification to and approval by the Town Manager.
(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities,in writing,
of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261,the EPA hazardous waste number,and the type of discharge
(continuous,batch,or other). If the user discharges more than one hundred(100)kilograms of such
waste per calendar month to the POTW,the notification also shall contain the following information
to the extent such information is known and readily available to the user: an identification of the
hazardous constituents contained in the wastes,an estimation of the mass and concentration of such
constituents in the wastestream discharge during the calendar month,and an estimation of the mass
and concentration of such constituents in the wastestream expected to be discharged during the
following twelve(12)months. All notifications must take place no later than 180 days before the
discharge commences. The user shall not begin the discharge until receiving written approval from
the Town. Any notification under this paragraph need be submitted only once for each hazardous
waste discharge. However,notifications of changed conditions must be submitted under section 5.5
of this ordinance. The notification requirement in this section does not apply to pollutants already
reported by users subject to categorical pretreatment standards under the self-monitoring
requirements of sections 5.1,5.3,and 5.4 of this ordinance.
(b) Dischargers are exempt from the requirements of paragraph(a),above,during a calendar month in
which they discharge no more than fifteen(15)kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specific in 40 CFR 261.30(d)and 261.33(e). Discharge of more than
fifteen(15)kilograms of nonacute hazardous wastes in a calendar month,or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d)and 261.33(e),requires a one-time notification.
Subsequent months during which the user discharges more than such quantities of any hazardous
waste do not require additional notification.
(c) In the case of any new regulation under section 3001 of RCRA identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous waste, the user must notify
the [POTW Director], the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within ninety (90) days of the
effective date of such regulations.
(d) In the case of any notification made under this section,the user shall certify that it has a program in
place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance,a permit issued thereunder,or any applicable Federal or State law.
5.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed by a laboratory certified by the state to perform the wastewater analyses in
accordance with the techniques prescribed in 40 CFR Part 136,unless otherwise specified in an applicable categorical
pretreatment standard or unless otherwise performed in accordance with procedures approved by EPA or Town. If 40
CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question,sampling and analyses
must be performed in accordance with procedures approved by EPA and Town. Analyses must be performed by a
State certified lab for each parameter analyzed,if such certification exists for that parameter.
5.11 Grab and Composite Sample Collection
(a) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated,kept clean,and maintained in good working
order at all times. The failure of a user to keep its monitoring facility in good working order shall
not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(b) Grab Samples must be used for pH,cyanide,total phenols,oil and grease,sulfide,volatile organic
compounds,and any other pollutants as required by 40 CFR 136. The POTW shall determine the
number of grabs necessary to be representative of the User's discharge. See 40 CFR 403.12(g)(5)
for additional grab sample number requirements for BMR and 90 Day Compliance Reports.
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Additionally,the Town Manager may allow collection of multiple grabs during a 24 hour period
which are composited prior to analysis as allowed under 40 CFR 136.
(c) Composite Samples: All wastewater composite samples shall be collected with a minimum of
hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples
shall be collected using flow proportional composite collection techniques,unless time-proportional
composite sampling or grab sampling is authorized by the Town Manager. When authorizing time-
proportional composites or grabs,the samples must be representative and the decision to allow the
alternative sampling must be documented.
5.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed,
postage prepaid,into a mail facility serviced by the United States Postal Service,the date of receipt of the report shall
govern.
5.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and
copying,all records of information obtained pursuant to any monitoring activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken by the user independent of
such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used;and the results of such analyses. These records shall remain available for a period of at
least three(3)years. This period shall be automatically extended for the duration of any litigation concerning the user
or the Town,or where the user has been specifically notified of a longer retention period by the Town Manager.
5.14 Electronic Reporting
The Town Manager may develop procedures for receipt of electronic reports for any reporting requirements of this
Ordinance. Such procedures shall comply with 40 CFR Part 3. These procedures shall be enforceable under Section
8 of this Ordinance.
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SECTION 6-COMPLIANCE MONITORING
6.1 Monitoring Facilities
The Town requires the user to provide and operate at the user's own expense,monitoring facilities to allow inspection,
sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility
should normally be situated on the user's premises,but the Town may,when such a location would be impractical or
cause undue hardship on the user,allow the facility to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility,sampling,and measuring equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in
accordance with the requirements of the Town and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification by the Town.
6.2 Inspection and Sampling
The Town will inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all
requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged
shall allow the Town, approval authority and EPA or their representative ready access at all reasonable times to all
parts of the premises for the purposes of inspection,sampling,records examination and copying 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. Where
a user has security measures in force which would require proper identification and clearance before entry into their
premises,the user shall make necessary arrangements with their security guards so that upon presentation of suitable
identification,personnel from the Town,approval authority and EPA will be permitted to enter,without delay,for the
purposes of performing their specific responsibilities. Denial of the Town's,approval authority's,or EPA's access to
the user's premises shall be a violation of this ordinance. Unreasonable delays may constitute denial of access.
6.3 Search Warrants
If the Town, approval authority, or EPA has been refused access to a building, structure, or property, or any part
thereof,and is able to demonstrate probable cause to believe that there may be a violation of this ordinance,or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to
verify compliance with this ordinance or any permit or order issued hereunder,or to protect the overall public health,
safety and welfare of the community,then the Town,approval authority,or EPA may seek issuance of a search warrant
from the court having jurisdiction within the Town.
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SECTION 7-CONFIDENTIAL INFORMATION
(a) Information and data provided by an industrial user to the Town Manager pursuant to this ordinance identifying
the nature and frequency of a discharge, shall be available to the public without restriction. All other information
which may be so submitted by an industrial user to the Town Manager in connection with any required reports shall
also be available to the public unless the industrial user or other interested person specifically identifies the information
as confidential upon submission and is able to demonstrate to the satisfaction of the Town Manager that the disclosure
of such information or a particular part thereof to the general public would divulge methods or processes entitled to
protection as trade secrets.
(b) Information provided by an industrial user to the Town Manager that is determined to be entitled to confidential
treatment shall be made available upon written request to the Division of Water Resources or any state agency for
uses related to the Pretreatment Program, the National Pollutant Discharge Elimination System (NPDES) Permit,
collection system permit,stormwater permit,and/or Non-discharge permit,and for uses related to judicial review or
enforcement proceedings involving the person furnishing the report.
(c) Information and data received by the Division or other state agency under paragraph(b)above shall be subject to
the processes set forth in G.S. 143-215.3C.
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SECTION 8-ENFORCEMENT
8.1 Administrative Remedies
(a) Notification of Violation
Whenever the Town Manager finds that any industrial user has violated or is violating this
Ordinance, wastewater permit, or any prohibition, limitation or requirements contained therein or
any other pretreatment requirement the Town Manager may serve upon such a person a written
notice stating the nature of the violation. Within 30 days from the date of this notice,an explanation
for the violation and a plan for the satisfactory correction thereof shall be submitted to the Town by
the user. Submission of this plan does not relieve the discharger of liability for any violations
occurring before or after receipt of the notice of violation.
(b) Consent Orders
The Town Manager is hereby empowered to enter into consent orders, assurances of voluntary
compliance,or other similar documents establishing an agreement with the person responsible for
the noncompliance. Such orders will include specific action to be taken by the discharger to correct
the noncompliance within a time period also specified by the order. Consent orders shall have the
same force and effect as an administrative order issued pursuant to section 8.1(d),below.
(c) Show Cause Hearing
The Town Manager may order any industrial user who causes or is responsible for an unauthorized
discharge,has violated this ordinance or is in noncompliance with a wastewater discharge permit to
show cause why a proposed enforcement action should not be taken. In the event the Town Manager
determines that a show cause order should be issued,a notice shall be served on the user specifying
the time and place for the hearing,the proposed enforcement action,the reasons for such action,and
a request that the user show cause why this proposed enforcement action should not be taken. The
notice of the hearing shall be served personally or by registered or certified mail (return receipt
requested)at least ten(10)days before the hearing. Service may be made on any agent or officer
of a corporation.
The Town Manager shall review the evidence presented at the hearing and determine whether the
proposed enforcement action is appropriate.
A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty
under section 8.2 nor is any action or inaction taken by the Town Manager under this section subject
to an administrative appeal under section 10.
(d) Administrative Orders
When the Town Manager finds that an industrial user has violated or continues to violate this
ordinance, permits or orders issued hereunder, or any other pretreatment requirement the Town
Manager may issue an order to cease and desist all such violations and direct those persons in
noncompliance to do any of the following:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3) Take appropriate remedial or preventive action in the event of a continuing or threatened
violation;
(4) Disconnect unless adequate treatment facilities,devices or other related appurtenances are
installed and properly operated within a specified time period.
(e) Emergency Suspensions
The Town Manager may suspend the wastewater treatment service and/or wastewater permit when
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 or the
environment,interferes with the POTW or causes the POTW to violate any condition of its NPDES
or Non-discharge permit.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit
shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the
notice of suspension to determine whether the suspension may be lifted or the user's waste discharge
permit terminated. In the event of a failure to comply voluntarily with the suspension order, the
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Town Manager shall take such steps as deemed necessary including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW system or endangerment to any
individuals. The Town Manager shall reinstate the wastewater permit and the wastewater treatment
service upon proof of the elimination of the noncompliant discharge. The industrial user shall
submit a detailed written statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence to the Town Manager prior to the date of the above-
described hearing.
(f) Termination of Permit or Permission to Discharge
The Town Manager may revoke a wastewater discharge permit or permission to discharge for good
cause,including,but not limited to,the following reasons:
(1) Failure to accurately report the wastewater constituents and characteristics of his discharge;
(2) Failure to report significant changes in operations, or wastewater constituents and
characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring;or,
(4) Violation of conditions of the permit or permission to discharge, conditions of this
ordinance,or any applicable State and Federal regulations.
Noncompliant industrial users will be notified of the proposed termination of their wastewater
permit and will be offered an opportunity to show cause under section 8.1 of this ordinance why the
proposed action should not be taken.
8.2 Civil Penalties
(a) Any user who is found to have failed to comply with any provision of this ordinance,or the orders,
rules,regulations and permits issued hereunder,may be assessed a civil penalty of up to twenty-five
thousand dollars($25,000)per day per violation.
(1) Penalties between$10,000 and $25,000 per day per violation may be assessed against a
violator only if:
(A) For any class of violation, only if a civil penalty has been imposed against the
violator with in the five years preceding the violation,or
(B) In the case of failure to file,submit,or make available, as the case may be, any
documents, data, or reports required by this ordinance, or the orders, rules,
regulations and permits issued hereunder,only if the POTW Director determines
that the violation was intentional and a civil penalty has been imposed against the
violator within the five years preceding the violation.
(b) In determining the amount of the civil penalty,the Town Manager shall consider the following:
(1) The degree and extent of the harm to the natural resources,to the public health,or to public
or private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with the pretreatment
program;
(8) The costs of enforcement to the Town.
(c) Appeals of civil penalties assessed in accordance with this section shall be as provided in section
10.
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8.3 Other Available Remedies
Remedies, in addition to those previously mentioned in this ordinance are available to the Town Manager who may
use any single one or combination against a noncompliant user. Additional available remedies include, but are not
limited to:
(a) Criminal Violations.
The District Attorney for the applicable Judicial District may,at the request of the Town,prosecute
noncompliant users who violate the provisions of N.C.G.S. 143-215.6B. [Note: Under North
Carolina law, it is a crime to negligently violate any term, condition, or requirement of a
pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local
governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or
requirement of a pretreatment permit,or knowingly and willfully fail to apply for a pretreatment
permit, issued by local governments (G.S. 143-215.6B(g)), to knowingly violate any term,
condition,or requirement of a pretreatment permit issued by local governments,or knowingly fail
to apply for a pretreatment permit,knowing at the time that a person is placed in imminent danger
of death or serious bodily injury, (G.S. 143-215.6B(h)), and to falsify information required under
Article 21 of Chapter 143 of the General Statutes(G.S. 143-215.6B(i)).]
(b) Injunctive Relief
Whenever a user is in violation of the provisions of this ordinance or an order or permit issued
hereunder,the Town Manager,through the City Attorney,may petition the Superior Court of Justice
for the issuance of a restraining order or a preliminary and permanent injunction which restrains or
compels the activities in question.
(c) Water Supply Severance
Whenever an industrial user is in violation of the provisions of this ordinance or an order or permit
issued hereunder, water service to the industrial user may be severed and service will only
recommence,at the user's expense,after it has satisfactorily demonstrated ability to comply.
(d) Public Nuisances
Any violation of the prohibitions or effluent limitations of this ordinance or of a permit or order
issued hereunder,is hereby declared a public nuisance and shall be corrected or abated as directed
by the Town Manager. Any person(s)creating a public nuisance shall be subject to the provisions
of the appropriate ordinances of the Town governing such nuisances, including reimbursing the
POTW for any costs incurred in removing,abating or remedying said nuisance.
8.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Town Manager may take any, all, or any
combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be
in accordance with the Town's enforcement response plan. However,the Town Manager may take other action against
any user when the circumstances warrant. Further, the Town Manager is empowered to take more than one
enforcement action against any noncompliant user.
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SECTION 9-ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
At least annually,the Town Manager shall publish in the largest daily newspaper circulated in the service area,a list
of those industrial users which were found to be in significant noncompliance, also referred to as reportable
noncompliance in 15A NCAC 2H.0903(b)(34),with applicable pretreatment standards and requirements,during the
previous 12 months.
•
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SECTION 10—ADJUDICATORY HEARINGS
(a) Hearings.
An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a
permittee/user assessed a civil penalty under section 8.2,or one issued an administrative order under section
8.1 shall have the right to a hearing or hearing(s) in accordance with regular local government hearing
procedures upon making written demand,identifying the specific issues to be contested,to the Town Manager
within 30 days following receipt of the significant industrial user permit, civil penalty assessment, or
administrative order. Unless such written demand is made within the time specified herein,the action shall
be final and binding and further appeal is barred. For modified permits,only those parts of the permit being
modified may be adjudicated. The term and conditions of a permit under review shall be as follows:
(1) New Permits. Upon appeal,including judicial review in the General Courts of Justice,of
the terms or conditions of a newly issued permit, the terms and conditions of the entire
permit are stayed and the permit is not in effect until either the conclusion of judicial review
or until the parties reach a mutual resolution.
(2) Renewed Permits. Upon appeal,including judicial review in the General Courts of Justice,
of the terms or conditions of a renewed permit, the terms and conditions of the existing
permit remain in effect until either the conclusion of judicial review or until the parties
reach a mutual resolution.
(3) Terminated Permits. Upon appeal, including judicial review in the General Courts of
Justice,of a terminated permit,no permit is in effect until either the conclusion of judicial
review or until the parties reach a mutual resolution.
(b) Judicial Review
Any person against whom a final order or decision of the Board of Commissioners serving the Town is
entered, may seek judicial review of the order or decision by filling a written request for review by the
Superior Court of Duplin County.
SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
11.1 Upset
(a) An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of paragraph(b),below,are met.
(b) A user who wishes to establish the affirmative defense of upset shall demonstrate,through properly
signed,contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s)of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures;and
(3) The user has submitted the following information to the Town Manager within twenty-four
(24)hours of becoming aware of the upset.If this information is provided orally,a written
submission must be provided within five(5)days:
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance,including exact dates and times or,if not corrected,
the anticipated time the noncompliance is expected to continue;and
(C) Steps being taken and/or planned to reduce,eliminate,and prevent recurrence of
the noncompliance.
(c) In any enforcement proceeding,the user seeking to establish the occurrence of an upset shall have
the burden of proof.
(d) Users will have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical pretreatment standards.
(e) Users shall control production of all discharges to the extent necessary to maintain compliance with
categorical pretreatment standards upon reduction,loss,or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided. This requirement applies in
the situation where, among other things, the primary source of power of the treatment facility is
reduced,lost,or fails.
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11.2 Prohibited Discharge Standards Defense
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the
general prohibitions in section 2.1(a)of this ordinance or the specific prohibitions in sections 2.1(b)(2),(3),and(5-
7)and (9-23)of this ordinance if it can prove that it did not know,or have reason to know,that its discharge, alone
or in conjunction with discharges from other sources,would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to,and during,the pass through or interference;or
(b) No local limit exists,but the discharge did not change substantially in nature or constituents from
the user's prior discharge when the Town was regularly in compliance with its NPDES permit,and
in the case of interference,was in compliance with applicable sludge use or disposal requirements.
11.3 Bypass
(a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements
to be violated,but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provision of paragraphs(b)and(c)of this section.
(b)
(1) If a user knows in advance of the need for a bypass,it shall submit prior notice to the
Town Manager,at least ten(10)days before the date of the bypass,if possible.
(2) A user shall submit oral notice to the Town Manager of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty-four(24)hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five(5)
days of this time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause;the duration of the bypass,including exact
dates and times,and,if the bypass has not been corrected,the anticipated time it is expected
to continue;and steps taken or planned to reduce, eliminate,and prevent reoccurrence of
the bypass. The Town Manager may waive the written report on a case-by-case basis if
the oral report has been received within twenty-four(24)hours.
(c)
(1) Bypass is prohibited, and the Town Manager may take an enforcement action against a
user for a bypass,unless
(A) Bypass was unavoidable to prevent loss of life,personal injury,or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities,retention of untreated wastes,or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-
up equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance;and
(C) The user submitted notices as required under paragraph(b)of this section.
(2) The Town Manager may approve an anticipated bypass,after considering its adverse effects,if
the Town Manager determines that it will meet the three conditions listed in paragraph(c)(1)
of this section.
SECTION 12-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 13-CONFLICT
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby
repealed to the extent of such inconsistency or conflict.
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SECTION 14-EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage,approval and publication, as provided by
law.
APPROVED this 9th day of March,2020
MAY ,of the Town of Warsa +u+%t tittut,,%��
r,,,,.•���15� ,,,�,,,,,Pl�.A
ATTEST�I,',Q�„�t(,1,�,4.Q.�(Seal)Town Clerk` `� n 0'4q. �N
Published the day of /{1Q,yc.k ,2020. e 1— 5 EAj -
S01, dam :=V;
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Checklist for SUO updated August 2011 Completed for Town of Warsaw(SUO was Approved at March 9,2020,Board Meeting)
DISCUSSION
The Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit published our 2011 NC DWR Model SUO on our web-site on August 12, 2011.
This Model SUO includes many revisions to address the revisions to NCAC 15A 02H.0900—Local Pretreatment Programs.
Additional comments were received and revisions were made to 1.2 (a) (34) (D) & (E) to clarify that it is the POTW's NPDES permit, not the SIU's. If you
downloaded the Model prior to August 17, please make sure that you review these two sections and make the correction if you feel it is necessary to provide
clarification. The version posted August 17 includes the informational boxes for both the required and optional 2006 streamlinig changes. The August 26, 2011
revision has removed the informational boxes regarding the 2006 required streamlining changes, making it somewhat easier to read. There are 4—2006 Optional
Changes in the model,you may make the same choice as before or make a different choice at this time.
If you use a different numbering system than the Model note the Section number in your SUO in the appropriate column.
Many of these sections contain optional changes that are designed to strengthen or clarify. Please indicate your choice by checking Yes [you did make the change]
or No [you did not make the change].
Several changes are aimed at establishing legal authority for satellite POTW situations. If your POTW is part of such an arrangement you may wish to consult with
your partners to ensure the respective SUOs are compatible with each other and with any other agreements or established procedures.
After all choices have been made and informational boxes removed check the page numbering in the Table of Contents.
WHAT TO SUBMIT TO PERCS FOR SEWER USE ORDINANCE(SUO)REVISIONS
• The revised Sewer Use Ordinace
• The completed 2011 SUO checklist.
o Include discussion about any significant changes that deviate from the Division's 2011 NC Model SUO on the PERCS Web-site.
• Documentation of Council adoption,including signatures and effective date of changes.
o POTWs may submit their SUO as a draft(before adoption) if you wish. This is especially recommended/requested for significant changes, especially
where they deviate from the Division's Model.
• Attorney's Statement.
o Particular attention should be given to sections regarding multiple POTW organizations and to Section 10—Hearings. Several suggestions are presented
in Section 10,however it is up to each POTW to determine what language is compatible with their local hearing procedures.
o See Appendix 2-E of the Comprehensive Guidance for NC Ptretreatment Programs.

SUO Section Type of Comments POTW SUO Indicate choices below
DWR Web-site Change Section#if
different from
SUO page# DWR Model
Required 1) The Model SUO contains BRACKETS [ ] 1) References Changed (if needed):
All Sections around references to other sections. The Yes
references inside the brackets will need to be N/A_X_
CHANGED if your SUO IS NOT numbered
the same as the Model SUO.
2)Throughout the SUO, [Town] indicates a 2) [Town] replaced_Town
place for the name of the organization to be
entered. See first paragraph of 1.1: "for the 3) [POTW Director] changed (if needed)
[Town of ] hereafter referred to as the Yes_X
[Town]" N/A 1
3) If the administrator of the program is not
referred to as the POTW Director replace 4) Brackets Deleted_YES_
[POTW Director] with the correct reference.
4) In any case,the brackets themselves must be 5) Notes Deleted_YES
DELETED.
5) The Model SUO also contains several
NOTES to alert the POTW to various
instructions and discussions about how to 1
adapt the Model SUO to meet your local
needs. REMOVE THESE NOTES from
you SUO before finalizing your SUO.
1.1 (a) &(b) Optional 1.1 (a) Yes X_ No
1.1 (b) Yes _X_ No
1.1 last two Optional There are 3 choices. Indicate which one is used. 1. Yes_X_ No
paragraphs Also indicate if the minor wording changes 2. Yes X No
Publicly Owned Treatment Works or and — —
[Town] were made. 3. Yes_X No
1.2 (a)(3)(B) 2006 Optional Indicate which paragraph B was used. Original _X_Streamlining
If streamlining option was used which phrase _X investment recommendations
was used. investment decisions
1.2(a) (8) Optional Add definition Yes X No

1.2 (a)(8) Typographical Indicate if this definition was deleted. If"no", Yes _X_ No
change renumber subsequent definitions.
1.2 (a) (12) Optional Yes _X_ No
1.2 (a) (14) Required for Indicate if the change was made or if it is not Yes X No N/A
CAs with applicable to your program. — —
multiple Optional:l: X Yes No
POTW Others—indicate if optional change made
organizations
1.2 (a)(18) Optional Indicate the chosen option. Remove definition and renumber
_X Reference 40 CFR
Retain original definition
1.2 (a) (21) Optional Yes _X_ No
1.2 (a)(22) Required& Indicate which of the changes were made or if Req'd for multiple organizations
Optional not applicable to your program Yes X No N/A
Req'd change Yes _X_ No
Opt. change Yes No_X_
1.2 (a) (25) Optional Yes _X_ No
1.2 (a)(26) Optional Yes _X_ No
1.2 (a)(28) Optional Yes _X_ No
1.2 (a)(31) Optional Yes _X_ No
1.2 (a) (34) Optional Yes _X_ No
1.2 (a) (34) (A) Optional Yes _X_ No
1.2 (a)(34) (B) Optional Indicate which paragraph(B) was chosen 1 X 2 3 4
1.2 (a)(34) (C) Optional Yes _X_ No
1.2 (a)(34) (D) Optional Indicate which paragraph(D)was chosen X 1 2 3
1.2 (a)(34) (E) Optional Included definition Yes _X_ No
Included stream standard criteria Yes X No
1.2 (a) (34) (F) Optional Yes _X_ No
1.2 (a)(34) (G) Optional Yes _X_ No
1.2 (a)(35) Optional Retained Original:
Yes No X_
Deleted"reportable non-compliance"
Yes_X No N/A

1.2(a) (35) (A- Required To be consistent with 40 CFR 403 &NCAC Yes _X_ No
D) .0900
1.2 (a) (35) (F) Optional Yes _X_ No
1.2 (a) (35) (H) Required for Indicate if change made or if not applicable to
CAs with your program Yes No N/A_X
multiple
POTW If not a required change, indicate if optional Yes_X No N/A
organizations change made
1.2 (a) (43) Optional Yes _X_ No
2.1 (b) (4) Choose an upper pH limit or delete [or more Upper limit chosen:
than_9_] Also changed the lower limit to 6 Yes X_ No
2.1 (b) (9—23) It is suggested that these optional prohibitions be Suggestion considered _X and
included Included
2.1 (b) (14) Optional Yes _X_ No
2.2 (e) Optional Yes _X_ No
2.3 Optional Any changes made to local limits? Yes No X
2.8 (a) 2006 Optional Yes X No
4.2 (b) Required Indicate which paragraph(b)was chosen and if 1 X 2
additional requirements were included if the 2nd Additional req's:
paragraph(b) was chosen Yes X No
4.2 (c)(A)— Added by Food Service Establishments
(0) Town
4.2 (e) (2) Optional Indicate number of days chosen # of days 45
4.2 (g) Required Use this wording to be consistent with .0916 Yes X No
4.2 (j) (1) (H) Optional Yes _X No
4.2 (j)(2) (B) Optional Yes _X No
4.2 (m) Optional Indicate number of days chosen # of days 180
5.5 Required Yes _X No
5.5 (c) Required& Clarification of changed conditions requirements Req: Yes _X_ No
Optional Percent(%)entered_20_
Opt: Yes _X_ No
5.7 Optional Required if 1.2 (a)(34)(F) Non-Significant Yes _X_ No
Categorical has been included in SUO
5.8 (b) Optional Yes _X_ No
5.9 (a) Optional Yes _X_ No

5.10 Optional Choose no change to wording,or change to No change
allow possible alternative procedures, or change Alt. procedures
to require all analysis be done by certified lab. X_ Certified lab
5.14 2006 Optional CROMERR change Yes X No
5.15 Optional for Indicate if the change was made or if it is not
CAs with applicable to your program. Yes No N/A X
multiple —
POTW
organizations
6.2& 6.3 Required Same change to both sections Yes X No
7 Optional Yes_X_ No
8.2 Optional Yes X No
9 2006 Optional Yes X No
10 Required Was Included
11.2 Indicate if this section is included in the SUO. Included? Yes X No
If yes, indicate if affirmative defense offered for
additional specific prohibitions(9—23). (9—23)? Yes_X No
14 Indicate option chosen X Option A
Option B

LAW OFFICE OF
Thompson eZ' hiompson,
PO Box 901
WARSAW, NORTH CAROLINA 28398-0901
TELEPHONE [phone]
March 9, 2020
Ms. Deborah Gore
PERCS Unit Supervisor
North Carolina Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
Subject: Sewer Use Ordinance and Sewer Use Check List, Warsaw,North Carolina
Dear Ms. Gore:
I certify that I am the duly appointed and acting Town Attorney for the Town of Warsaw,
North Carolina, that I have reviewed the proposed sewer use ordinance for the Town of
Warsaw, North Carolina and also its sewer use ordinance check list as required by 15A
NCAC 2H .0907 (b) (1) and 40 CFR 403.9(b)(1) and they meet with my approval.
Si rely,
Eugene C. Thompson