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HomeMy WebLinkAboutWQCS00009_Regional Office Historical File Pre 2018 (4)Ma r. 21. 2019 11:15AM No. 0183 P. 1 WATER POLLUTION CONTROL. SYSTEM OPERATOR DESIGNATION FORM NCAC 15A 8G .0201 TAB to Navigate Form Facility Name: Water & Sewer Authority of Cabarrus County (WSACC) Permit # WQCS00009 FacilltyType: CS it Facility Grade: 1V 'Ej SUBMITASEPARATE FORM FOR EACH CLASSIFICATION Permittee Owner/Officer Name: WSACC 1 Chad VonCannon Email Address: evoneannon@wsace.org Permittee Signature: /i _ Date: _'?/j 9% /9 Full Name: Joseph Wayne Lyles Work Phone: (704) 788-4164 Email Address: wlyles@wsacc_org Certificate Type: CS A4re_ 6'v, Effective Date: 3//V i 1 certify that 1 agree to my designation as the Operator in Responsible Charge for the facility noted. 1 understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in DiscipiinaryActions by the Water Pollution Control System Operators Certification Commission." Signature Full Name: 0 Certificate Grade: IV 0 Certificate #. 24978 John Gregory Faggart Work Phone: (704) 788-4164 Certificate Type: CS l -Certificate Grade: IV 0 Certificate #:_ . 26291 Signature: Effective Date: `17 certify that i agree to Of 34—ignation as a Back-up Operator in Responsible Charge for the facility noted. 1 understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in DlsciplingryActions by the Water Pollution Control System Operators Certification Commission." Kull Name: Justin Lee Ritchie Work Phone: (704) 788-4164 Certificate Type: CS 0 Certificate Grade: IV Certificate #: 994822 Signature: ;, _ Effective Date: 3f %i-i// j CVertify that 1 agree to my deslgnotlon as a Back-up Operator In Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the respansibllitles of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in DisclplinaryActions by the Water Pollution Control System Operators Certification Commission." Mail, fax or email ORIGINALto: WPCSOCC, 1618 Mall Service Center, Raleigh, NC 27699-1618 1 rAX: 919 715-Z726 lcertadmin@ncdenr.gov Mail or fax a COPY to: I Mooresville-610 E. Center Ave., Suits 301, Mooresville, NC 281115 J FAX: 704-663-60401 PH: 704-663-1699 s Revised aoY018 WQC,-5 0000cl WSAC <- o I1 c_11—, Ua+$ : 1 2/12117 Mrr, 1 av��o�r'ly 1\sS:ir� l�nvlr:'la.y;�^ict� fiIf^¢aT�L^ J`f-Yr'� . 10 .1/�'•;�eq N G'1 O3 i o 1 �`�.'31�a(d ¢-mot S ��ed va'1-y 1 ✓1 S ; Dltvl CU /1 a Y'4-, N2 r4 b C-ct-''Qk, Ac4 TQ;9 fQ�z Inspection Checklist General Information Iy 1 - i-'G S --, 2.( r /r t 1. Number of Pump stations I SCADA system PS Lj- 5" p s 3. Telemetry PS ` ✓ G I �� w::L �- h:,s 4,R G 4. Audible and Visual 5. Generators Permanent A a. Frequency tested #T[Al k' , 1F. Generators Portable ✓,2 •ay e.�' / Jc. ,- v �ems.. A. Quick -connect plugin PS 'AA it ra q B. Frequency tested Pump stations served , by same generator. 6. ORC 1- s B-ORC T- jh h f�� �r �_�,. s �' CS- r� •J c�.5"1' i n 1' is Sewer Use Ordinance -s::al �_� Iv j) s Ap H• 5 -� i �.� ,, Enforcements lust Year FOG Program.- ' •.�h r �. �'" N� r� t�.z .-� 1 _ lqr Q ,�s o e � .i N rn l•a.a l to 7C.q, N1�aj,A.'yr�.—`�M1�1hY�/yS %11)/o-�Ir¢-sSe�� r/e-t�" / -�� y✓ ,,,• p;ik- •9'!'1 row `— Inspections—L/s:l _)s„����i ����✓��'�,/�icr :✓I`�1=� Lc � -o.:�i.�', nec� PublicED How€4+e V--k-, .�%-moo f9 Annual Report Date" Root Control Program- h-,s n J)i'� ��p• jjM. u�-� _ �r -� l� y,: Fi, f!, : % � `.' I : A �s ` �1E ✓�I '11Ac1 ca U Ir�c �ctSr_! D .'°` Yoe`', CIP Budget 1 i7�j�_`!"_:�a:,r�S 1. -- =�. -=�--;�•-�,;a��-�.� Documentation of 1. 1. Line Cleaning (10%) r +,e A0 4 t, y H priority lines (6 mo) - 4� VV,.-IT /y z i< ,, 3. System observation annual ,41AA 40ljj� '; Lijslx..•---" —1 6 .1'a yr i %/ ,�'�•- ✓l 4. ROVE' mowing Review logs for PS O&M Nl e s4 a V c� ryyry Reportable Spills �Nfii� c. - rS-',o�► �� .a /i � i 20�,•. 1 � /�� WN e�� L> � � �-�'�� �^ �.� o �S{,•.,- np`f ��' �i. � i�l L C �.J C�� � :✓L•5 s'1 ...�[ 1 il�",t. �/� nv S C I 'B--Y riD v��� Repeat Location/Cause IVA Mon reportable spills jC21 Customer complaint �% I .- :y` B S'T , � •' '•�'_ > G%> r: c,v � " l ` 3' .a c V� ciS %oJ �o :% 1 �! 1 rU I N W .G r L r .� i. / ,r �y- u1 !1 r7 G, �� v��'��.-.c.7 ct 5 j n c• Spare parts inventory Map of system % complete 5 Y in ti H Nd /i?S Pump Station Inspection Checklist L Name G' No of Pumps 1 h Address Operational 1 �= t I h :wa k �• r ` Capacity of eac`'(gpm) Imo( "` ✓ ' ' S 1J L+ y 'Y 4- 1 LL J 2 Runtime hour meter reading average 2 Housekeeping Secure Accessible i/' I 1� Identification Signage Inspection Schedule Daily t/�Weekly ,ems" Lf Wet Well — Floats '''! �%., ��- �� r, (,, IL , (. Free of debris High water float — ., 1 i . ✓r c c �J, %�G «y J— f-%v( Telemetry Audio -Visual �/'� ✓J I I Alarm system tested for communications ter �� 2 n Iry �l ! u— Emergency power Generator �� Portable Quick -connect 'Oiisite Fuel tank j a/ 600-" ^ Gallons per hour usage rate . Testing schedule ,,.i <,t 1, /, Automatic Bypass pumping configured Overflow piping Manhole upstream Inspection Logs J A Collection. System Inspection Checklist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity %a %2 3/a diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Pump Station Inspection Checklist Name JM f- I .� s -1- - Address f , of =' �"�'=z ,y✓{ z Housekeeping ° ✓� Secure i.- Il . Accessible L�" " Identification Signage ✓ `= Inspection Schedule Daily Weekly No of Pumps 1 2 Operational 1 Capacity of each (gpm) 1 2 Runtime hour meter reading average l 2 wPt WPII — Flnata Free of debris High water float. Telemetry I/ Audio -Visual �'~�~ J k2z, cc, `;3 l � SCADA Alarm system tested for communications JJ11 a� . Emergency power Generator grtaUle Quick -connect` On-:: e Fuel tank ii S T -# ? '� )'� GalfoZper hour usage rate . Testing schedule Automatic Bypass pumping configured Overflow piping Manhole upstream Inspection Logs Collection. System Inspection Checklist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity 1/a 1/2 3/a diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic 3. Aerials - High Priority lines" Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Pump Station Inspection Checklist- Name- '� s -+ No of Pumps 1 �� 2 Address Operational 1 I � 2 Capacity of each (gpm) 2 Runtime hour meter reading average .. 1 2 l Housekeeping.._ [/ Secure i/ Accessible Identification Signage r% , Inspection Schedule Daily Weekly Ll , Wet Well — Floats Free of debris High water float P Telemetry tl� Audio -Visual ✓ SCADA �- Alarm system tested for communications ✓'� Emergency power- Generator) Portable Quick -connect Onsite Fuel tank Gallons per hour usage rate Testing schedule — } I ,1 �, f� �s Automatic Bypass pumping configured. °+ . Overflow piping Manhole upstream Inspection Logs Collection. System Inspection Checklist M Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present L.-' ' Invert in good condition Size j_ S -inches Pipe capacity,/7 Y2 3/4 diameter. Line free flowing and unrestricted / Excessive grease, roots, or sand L/ 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage ✓ i'' Free of non -utility motorized traffic 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Pump Station Inspection Checklist Name iq t , f�, . , ,> ' 3 Address Housekeeping t,,,}' Secure Accessible Identification Signage"1,,*,, Inspection Schedule Daily Wet Well — Floats Free of debris High water float: Telemetry v- Audio-Visual '(�'�� SCADA ✓'" Weekly ✓ Alarm system tested for communications Emergency power , Generator-� Fuel tank ,' . i Testing schedule Bypass pumping configured Overflow piping Manhole upstream Inspection Logs No of Pumps 1,r ✓ 2 Operational 1 2 Capacity of each (1gppmm) 1 2 Runtime hour meter reading average 1 V Portable Quick -connect Gallons per hour usage rate Automatic Collection. System Inspection Checklist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address ,r Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present ' Invert in good condition Size 1 L inches Pipe capacity(%4) 1/2 % diameter. Line free flowing and unrestricted Excessive grease, roots, or sand •`" 2. Right of Way - location or name of outfall line Accessible ✓ Free of sinkholes or depressions No evidence of leakage 1=' Free of non -utility motorized traffic 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Pump Station Inspection Checklist Name No of Pumps 1 2 Address Operational 1 2 Capacity of each (gpm) 1 2 Runtime hour meter reading average 1 2 Housekeeping Secure Accessible Identification Signage Inspection Schedule Daily Weekly Wet Well — Floats Free of debris High water float Telemetry Audio -Visual SCADA Alarm system tested for communications Emergency power Generator Fuel tank Testing schedule Bypass pumping configured Overflow piping Manhole upstream Inspection Logs Portable Quick -connect Onsite Gallons per hour usage rate . Automatic Collection. System Inspection Checklist Manhol/es- Lines- Right Of Way- Aerials 1. Manhole location or address /� -j L,; „ ni) {, �� ..► s c G ; I Cover present - vent and cover above grade - vent screened Visible signs of overflow n c�; Sinkholes and depressions c> -- Good condition properly seated 4� Bypass structures or pipes present Invert in good condition Size 30 inches Pipe capacity 1/4 %2 % diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible ✓� Free of sinkholes or depressions r No evidence of leakage Free of non -utility motorized traffic ✓� 3. Aerials - High Priority lines v-- Exposed line of ductile material Water crossings and supports in good condition i✓A Level of debris on or behind line ✓� �� t- Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) V//0{,��v w.� ��`^��✓AKTh 0VN Zhu, oT C--l66kv'rtis (-o µ.n`Yy Po lgox �z8 G o nco,v'�� /y G 2.c4��6 •-06j-2g J,% A�l;aolit Inspection Checklist General Information sl r�x I°S 1. Number of Pump stations 2. 3. 4. 5. SCADA system PS Telemetry PS 2 u10,�lb �o Ti ✓`7 � `S'}ar+: IOC o 4; 0 v✓ay„--�'o�c L-.W,.,r 7i� Audible and Visual only 0 Yv4Ct Generators Permanent Al, { G �)� w"-1� o F h. � -1� •� b.ran�s� ���;, J,� a. Frequency tested , .4 h y Generators Portable A. Quick -connect plugin PS B. Frequency tested. 3 Ar Pump stations served by same generator. �xv, 6. ay �5►� cs ��L 6.5 1 r ORC was v �� W� L v 1 �5 B-ORC Tel, �, G, Fq �� Cs- � - o 11 C- T� s� ; ., l , R o+,1-79':�' - N-I6L+ 26g -ql ZF o L v,o11,-2 y Sewer Use Ordinance Enforcements Last Year_ P..,��'C �salr J" FOG Program.. � v n � / h ✓ K to c z l Y� S of iG •f �4S � / he V c9 ct � u/ � N(� ` ! = ci 5�"j Inspections Public ED How Annual Report Date Root Control Program _ ,,,; + CIP Budget/$/.J x 0 dYears :3 1 tI •^/.,v �G�1� Cv I /.'iG7�� , �VVrncl' O i Pb\u. S f,.q I I•e. , c:r- 0 -For Documentation of /per �a�� ham_ c�pc�9(ci c 1. Line Cleaning (10%) Tv I d�� -4- �' f' `�" �� `" Ae-- i2l�lr-V—.611f�/�` GJqt49/TV.,,( 2. High priority lines (6 mOS)1—/si .4_ y wa►- k c e 4 r o rt j„1 t 3. System observation annual L_�V_ co C., r qjj 4. ROW mowing ., I I a,1414a If �' �-P C 11 J^ a- 0 � y mil' �y. W a V •1 a i'.'!ct i^J 40�( Gp�'G ,1►�/� �✓��/��1�5 i.NGd( H�cL✓nU C oij Wot 4,,e✓ 3cr r✓ rti Review to s for PS O&M P H w �� ro r �`A}�� K j� �'ar +-t - 1--k"' c `/ ]'.. *'�'' t .J Pl P i D / /) f �`c e- 1 J l� r0..�I scl— w VL ) d r�rs .��i ✓.._. y.. z6-4, 'cJBC Cal ���ov/ Y•ml rt „ry,` �t✓Str �.��J Fl-, LIJ7 Itiw+•.- wr�S" hpq✓a. .�� �-/ r� JCS, ff / � ✓ •Q r I �o •c/ yt 3 �.� S q vt � bt� �OrJ- f � S 7v //y t � ccUS' �/�u�.� 7J ortable Spills 4G`��� y -� "t /��/1`� f�' y R r� ( J �.� �1av �fhovoLJ�+ -y f t� t !mr �� r CT�zJ1 Ll n.��r.9 � 1'a✓V �co. o�a c+ a.1� h .4�0;c.'f'y _.%,SS>� vk - T/LS ✓a- cb R' rV--d ei fie.✓/lCt w[. 1. � Y r Repeat Location/Cause Non reportable spills a L ", Customer complaints— r—Go1,4s Spare parts inventory Map of system % complete / r it 'Id -- ins�K Ifd� l wu+�✓, a icy �J s�a� ho/ S "I Y "I Pump Station Inspection Checklist Name jvj No of Pumps 2 Address 16 Operational 1 -2 `1 _2 1!`) Z L-)-Capacity of each (gpm) 1 2 Runtime hour meter reading average 2 Housekeeping Secure Accessible Identification Signage Inspection Schedule Daily Weekly,,\-:­7 Wet Well - Floats Free of debris High water float Telemetry Audio -Visual ICCXNAK'�) A-15'rmsystem tested for communications Emergency power 'Generator Portable Quick -connect Onsite Fuel tank Gallons per hour usagerate`' Testing schedule Automatic Bypass, pumping configured Overflow piping 4" Manhole upstream Inspection Logs Collection System inspection cChecldflst Manholes- Lines- Right Of Way -,Aerials J-0ice. s V1 ,). j ­)�--- 1. Manhole location or address -r" Vj Cover present - vent and cover above grade screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures -or pipes present Invert in good condition Size _inches Pipe capac tf 1/4 %2 3/a diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records , Visual inspection of off street lines General observation of system (annual) I Pump Station Inspection Checklist �S f Name �'�%�,� 5 �+ / No of Pumps 2 Address I .� ��%, _� �� „ 4-Operational 1 ji ./ 2 1 ✓` Cacit of each ( ) a P Y gPm 1 2 Runtime hour meter reading average 2 Housekeeping Secure Accessible Identification Signage Inspection Schedule Daily Weekly Wet Well — Floats�..� Free of debris / High water float Telemetry Audio:-Tysual �� F CADA Alarm system tested for communications 4 Emergency power : Generator Portable Quick -con ect Onsite Fuel tank Gallons per hour usage rate Testing schedule Automati Bypass pumping configured-,,--, onfigured a O fl ver ow piping 1 ' < Manhole upstream �i °" �+ -z y° r tr-► . l� � Inspection Logs C cl Ol C C P' c'� 0 Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address_ Cover present - vent and cover above grade - vent screened Visible signs of overflow v �, Sinkholes and depressions ✓`� Good condition properly seated Bypass structures or pipes present ' Invert in good condition Size finches Pipe capacity i 1/2 3/a diameter. Line free flowing and unrestricte&i Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions �- No evidence of leakage Free of non -utility motorized traffic �y 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Pulp Station Inspec on Cheeldist Name "441- r`� r y s o h Address Housekeeping Secure Accessible Identification Signage Inspection Schedule Daily No of Pumps 1 2, Operational 'l s r 5sr12;/~ `j Capacity of each (gpm) 1 2 Runtime hour meter reading average 1� 2 Weekly _ x ? Wet Well —Floats Free of debris L,— High water float Teleme'��,' Audio'Gual L --' S CADA� `.. Alarm system tested for communications Emergency power Generator Portable ie g y p Quick -connect Onsite . Fuel tank Gallons per'hour usage rate Testing schedule Automatic Bypass pumping configured �, �, �, 3 i ✓ ; ; r Overflow piping' Manhole upstream Inspection Logs r Collection System Inspection ChccUist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity 1/4 %2 3/a diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of 'non -utility motorized traffic 3. Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of -off street lines General observation of system (annual) j l Pump Station Inspection Checklist Name �cf ��,��`� ,� �G No of Pumps 1 2 V-- Address ? �J �, j A Operational 1 L,- . sc - .- �)r-4 -- � V„r, Housekeeping Secure Accessible v Identification Signage Inspection Schedule Daily Weekly ,� 7 Wet Well- Floats I v Free of debris High water float ✓ �� I I �. �t Telemetry L. ", - J Audio -Visual L- ' L., SCADA Alarm system tested for communications Emergency power Generator Fuel tank Testing schedule Bypass pumping configured Overflow piping Manhole upstream Inspection Logs Capacity of each (gpm) 1 2 Runtime hour meter reading average 1 2 Portable /Quick -connect Onsite Gallons per hour usage rate Automatic a Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials I. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size Line free flowing and unrestricted Excessive grease, roots, or sand inches Pipe capacity 1/4 %a 3/a diameter. 2. Right of Way - location or name of outfall line f--, 1, `,, 4 , Accessible Free of sinkholes or depressions U No evidence of leakage Free of non -utility motorized traffic v' 3. Aerials - High Priority lines' Gam, Exposed line of ductile material ✓� Water crossings and supports in good condition Level of debris on or behind hick' , Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) L___ d Pump Station Inspection Checklist Name j�� u-� f C No of Pumps Address g 1 2 Lo���✓ oG�;Y Tperational 1 � 2 � Capacity of eac% (gpm) 1 2 Runtime hour meter reading average 1 2. 1? 2 Housekeeping I Secure Accessible ►/ Identification Si na e '- , y.� Inspection Schedule Dail � Weekl 'A j Wet Well — Floats -- o .,� I ��. r �., Free of debris y.�^- z- i��%�x `► High water float Telemetry Audio- sual L,-'- i✓'- SCADA Alarm system tested for communications Emergency power Generator Portable Quick -connect Onsit� to Fuel tank Gallons per hour usage rate Testing schedule Automatic Bypass pumping configured G ', "I; Overflow piping Manhole upstream Inspection Logs 1 Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials 1. Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity I/4 %2 3/4 diameter. Line free flowing and unrestricted Excessive grease, roots, or sand 2. Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic 3. Aerials - High Priority lines ,� z ,� j,, o c k Exposed line of ductile material ✓`- e, G1 �� s Water crossings and supports in good condition Lam` r Level of debris on or behind.line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) WS 4cC-) Inspection Checklist General Information 1. 1'jumner of r uuik 5tauviis 24 2. SCADA system PS 2 3. Telemetry PS Z 4. Audible and Visual only 5. Generators Permanent a. Frequency tested /14,k Generators Portable A. Quick -connect plugin B. Frequency tested Pump stations served PS i by same generator. 6. ORC (320o-,_ Lt(l L B-ORC Sewer Use Ordinance y Enforcements Last Year J.Qj�- "Q FOG Program Inspections Public ED How - CIP Budget. S Documentation of Years C56(�� 1. Line Cleanintn g (10%) 2. High priority lines (6 mos) ►� 3. System observation annual .� 4. ROW mowing Review logs for PS O&M -" Review PS logs information tn Non repor le spills �Iti� (%� L L�5 �01 CS_ I+k,-,- ' N 14 C�sFn� omp am s Spare parts inventory Pump Station Inspection Checklist Name: Address: o # Pumps - 1 2 Working - 1 2 Run Time - I Weather: . C `�U J YES NO Si na e: �- Housekeeping: Secure: l—. Wet Well Floats: Debris. - Working High Water Float: Telemetry: SCADA: Audio/Visual: Is alarms stem tested, How often: Inspection Logs: n Emergency Power: �r�l�l�lz 1✓0'^'�' c�'�o� Type: Portable Onsife / Fuel - Schedule/Vender - Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: 14 Pump Station Inspection Checklist Name: Address: 26 r� # Pumps - 1 CZ) Working - 1 Run Time - Weather: Cyr YES NO Si na e: ell Housekeeping: Secure: Wet Well Floats: Debris: Working High Water Float: Telemetry: SCADA: Audio/Visual: Is alarms stem tested, How often: Inspection Logs: / Emergency Power: Type: Portable Onsite Fuel - ScheduleNendet - �X Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: ,�,/ *.4 G 0 JY( r- iC)t�,-j , A-- � I,, rj_ -14Y Pump Station Inspection Checklist Name: (�( Address: 2j-1 # Pumps - 1 2 Working - 1 2 Run Time - t I Weather: \� YES NO Si na e: Housekeeping: Secure: Wet Well Floats: Debris: Working High Water Float: Telemetry: SCADA: Audio/Visual: Is alarms stem tested, How often: GL7 Inspection Logs: Emergency Power: i Type: Portable O s e Fuel - Schedule/Vender - Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: U�, 1), pX c L C, �, b� z.-- M °- 0�l y Pump Station Inspection Checklist Name: Address: # Pumps - 1 2 Working - 12 Run Time - s s Weather: � � YES NO Si na e: Housekeeping: Secure. - Wet Well Floats: Debris: Working High Water Float: Telemetry: SCADA: �„l ✓�' Audio/Visual: Is alarms stem tested, How often: Inspection Logs: Emergency Power: Type: Portable en Fuel Schedule/Vender - Ouick Connect: q/ TestingSchedule: /" � Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: 2' to, - L,."1 TI 1 L Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials Manhole location or address 3 N" la- 4A_J^ Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size 30 inches Pipe capacityQ '/2 3/4 diameter. Line free flowing and unrestricted Excessive grease, roots, or sand Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage — -- Free of non -utility motorized traffic Aerials - High Priority lines Exposed line of ductile material Water crossings and supports in good condition. Level of debris on or behind line / Free of damage _— Right of Way mowing records Visual inspection of off street lines General observation of system (annual) Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials Manhole location or address C��� �' e r �' Cover present - vent and cover above grade - vent screened Visible signs of overflov�- Sinkholes and depressions --- Good condition properly seated Bypass structures or pipes present` Invert in good condition Size L1, Z.- inches Pipe capacity 74 '/2 3/4 diameter. Line free flowing and unrestricted Excessive. grease, roots, or sand Right of Way - location or name of outfall line✓ Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic F CF l� Aerials - High Priority lines �'✓"�� JZ �-�`r� 7o Exposed line of ductile material Water crossings.and supports in good condition.- . Level of debris on or behind line Free of damage Right of Way mowing records _ Visual inspection of off street lines^ General observation of system (annual) _ I Inspection Checklist General Information I. Number of Pump stations r 2. SCADA system PS 3 3. Telemetry PS 4. Audible and Visual only 5. Generators Permanent a. Frequency tested Generators Portable A. Quick -connect plugin PS B. Frequency tested Pump stations served 6. ORC ,'9--ev B-ORC Sewer Use Ordinance Enforcements'Last Year, - FOG Program Inspections Public ED How CIP Budget. S Years_ by same generator. Documentation of oo ,Zo�� yw\ ��.� 1. Line Cleaning (10 0) 1 2. High priority lines (6 mos 3. System observation annual' 4. ROW mowing ✓ Review logs for PS O&M 1* 9"\!3 Review PS logs information Non reportable spills { .�Ab d 4 CS - Customer complain Spare parts inventory Map Ul J Y s em (iV v �v,..t . �. Collection S),Stem Inspection Checklist Manholes- Lines- Right Of Way- Aerials Manhole location or address Cover present - vent and cover above grade -vent screened Visible signs of overflow Sinkholes and depressions Good conditionproperly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity 1/e � 4 diameter. Line free flowing and unrestricted Excessive. grease, roots, or sand Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free ofnon-utility motorized traffic Aerials - High Priority lines bw'U'lt Q` J ed., Exposed line of ductile material Water crossings and supports in. good condition. Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) 1 N�� ter Collection System Inspection Checdist Manholes- Lines- Right Of Way- Aerials Manhole location or address UOf M Cover present - vent and cover above grade - vent screened Visible signs of overflow �+ Sinkholes and depressions Oro S `.j I ^j P,(e_jx,�10,N Good condition properly seate&--, Bypass structures or pipes present invert in good condition Size LL{ inches Pipe capacity'/d 1/2 '/adiameter. Line free flowing and unrestricted Excessive grease, roots, or sand Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free ofnon-utility motorized traffic h Priorit y lines Aerials - FEg Exposed line of ductile material�� Water crossings -and supports in good condition Level of debris on or behind line Free of damage Right of Way mowing records Visual inspection of off street lines General observation of system (annual) • Pump Station Inspection Checklist Name: Address: # Pumps - 2 Working - 2 c Run Time — v Weather: YES NO Signage: Housekeeping: Secure: Wet Well Floats. - Debris: Working High Water Float: Telemetry: SCADA: AudioNisual: Is alarm system tested, How often: Inspection Logs: Emergency Power: l Type: Portable O�sit Fuel - ScheduleNender - Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: � � f J� 46A-1&' • Pump Station Inspection Checklist Name: Address: # Pumps - 1 2 Working - 1 2 Run Time — Weather: YES NO Signage: Housekeeping: r- Secure: Wet Well Floats: Debris: Working High Water Float: Telemetry: SCADA: Audio/Visual: Is alarm system tested, How often: Inspection Logs: Emergency Power: Type: Portable' Onsite Fuel - Schedule/Vender - Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: Pump Station Inspection Checklist Name: Address: # Pumps - 2 Working - Run Time — Weather: YES NO Signage: Housekeeping: Secure: Wet Well Floats: Debris: Working High Water Float: / Telemetry: SCADA: AudioNisual: Is alarm system tested, How often: l Inspection Logs: ✓ Emergency Power: Type: Portable' !ansFuel - ScheduleNender - Ouick Connect: Testing Schedule: Backflow: Overflow Piping: Bypass Pumping: Inspection Schedule: Comments/ Observations: 4Q- lZ,o tL,)0o 0-) 0 c 5 o000 'I WS"'ACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY February 27, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Office: 232 Davidson Hwy. Concord, NC 28027 Mail to: P.O. Box 428 Concord, NC 28026-0428 Phone: 704.786.1783 Fax: 704.795.1564 RECEIVED DIVISION Oi= 1,`u'AYER QUALITY System Performance Annual Report MAR 5 2012 North Carolina Division of Water Quality 1617 Mail Service Center rJ� uVII LI L:._: s�IaAi f���I�E Raleigh, N.C. 27699-1617 SUBJECT: NPDES PERMIT NUMBER NCO036269 2011 SYSTEM PERFORMANCE ANNUAL REPORT ROCKY RIVER REGIONAL WASTEWATER TREATMENT PLANT Please find enclosed the subject system performance annual report. If you have any questions, please contact me at (704) 788-4164, ext. 14 or tmauldin@wsace.org. THM:blc Enclosure cc: Mark Fowler (WSACC) Coleman Keeter (WSACC) Sincerely, Timothy H. Mauldin Wastewater Operations Manager In F E29 B 2G12 D �IIZ=Ul1Ae �R QUALf ��, 53� �•i' l,+}ry 7 f`r'"sa z-r -t r G :i .s �'r�. Y from the EXecut�ve�CDArectQr„r I would like to take this opportunity to recognize 1S_ and congratulate WSACC staff on a successful year 0f s " during 2011. WSACC received ISO 14001:2004 Certification W for its Environmental Management System (EMS) program in June 2011. The benefits of an EMS program include improvement in compliance; devel- Caleman Keeter o ment of universal operating p p g procedures; reduc- tion in major environmental impacts; potential reduction in operating cost; improved communications internally and externally; and po- tential regulatory relief. WSACC is North Carolina's fourth govern- mental entity to become ISO 14001:2004 Certified, The Heat Recovery and Power Generation Project has become a reality for WSACC. The project will produce renewable energy that will be provided to our community in the form of electricity. In conjunction with system enhancements, WSACC will use existing facilities that are already in service such as the multiple hearth furnace incinerator and utilize wastewater biosolids, to produce the electricity. WSACC initiated the construction phase for the Import Biosolids Facilities in November 2011 and projected completion of this portion of the project is early 2013. WSACC also obtained bids for the Heat Recovery/Power Generation Equipment. This steam . and electrical generation equipment will be incorporated into the existing facility and allow for heat capture and conversion to steam that will drive a turbine generator and produce electricity that will be "wheeled" back into the electrical supply grid. This project has already won a CH2M Hill global innovation award and the technical concept has been presented at various water and wastewater pro- fessional association meetings. Economic and financial challenges continued to plague the nation throughout 2011. During these trying times, WSACC is solvent and financially healthy as we traverse the unfortunate nega- tive prevalent and persistent economic conditions. In regards to provision of adequate wastewater infrastructure expansion, planning and construction, the Kings Grant Rocky River Parallel Interceptor Project was completed and closed out in eady 2011. The construction of the Fuda Creek Interceptor line near the Town of Harrisburg was also completed in 2011. The Mount Pleas- ant pump station upgrade project was also completed and put into service in 2011. In closing, we anticipate a safe and productive 2012 as we en- deavor to meet the needs of the region, our jurisdictional customers andaIhe citizens of Cabarrus County. -���omplrla�c�Ir�dustr�a��GusitQ'me!rs� �, WSACC would like to commend all of its significant industrial users for a job, well done in 2011, There was, only one industry in signifi cant non-compliance this year. WSACC is required by federal regulations to report,annually all industries in SNC to the Division of Water Quality. Please continue to notify WSACC' of changed conditions, improvements, or violations at your facility. Keep up the good work! Contact the North Carolina Division of Pollution Prevention and Environmental Assistance (DPPEA). DPPEA provides free assis- tance to state agencies or local governments on ways to eliminate, reduce, reuse, or recycle waste. Website: www,p2pays.org Phone: (800) 763-0136. Email: nowasre P2pays.o[g. ����.�7 `i�ep�� Sanitary Sevtter +C�veriflov�s � -Y y Sewer collection system overflows Yids:* often go unreported. Call 704-788- �'� 4164 immediately if you see water flowing from a manhole or under- y ground pipe. Cabarrus County opened a Household Hazardous Waste disposal facility in 2,002. It's FREE for Cabarrus County. residents. Please remember, materials that are improperly stored or disposed of can be hazardous to your health and the environment. WSACC a l_ PARTNER Rocky River Regional Wastewater Treatment Plant 6400 Breezy Lane, Concord, North Carolina 28025 Phone: 704-788-4164 Fax: 704-786-1967 WSACC, �ory PARTNER WASTEWATER SYSTEM REPORT 2011 This report contains performance highlights of the Rocky River Regional Wastewater Treatment Plant (RRRWWTP) and its Collec- tion System for the year 2011. This annual report is required by the Clean Water Act of 1999. RRRWWTP is owned and operated by the Water and Sewer Authority. of Cabarrus County (WSACC). The facility serves the thriving area:, north of Char- lotte, including the cities of Con- cord and Kanna- polis, the towns of Harrisburg and Mt. Pleasant, and Cabarrus County. The staff per- forms . all func- tions related to the facility includ- ing operations and mainte- nance, laboratory analysis, and industrial and groundwater monitor- ing. The Plant uses a pure -oxygen activated sludge, secondary treatment system that processes domestic and industrial wastewater from both in -plant and off -site sources. The solids processing op- eration relies on a combination of proven technologies, innovations, and cost effective equipment and operations. All current state and federal standards are strongly adhered to for protection. of our air and water resources. RRRWWTP operates under a National Pollutant Discharge Elimi- nation System (NPDES) permit (NC0036269) issued and enforced by the North Carolina Department of Environment and Natural Re- sources. RRRWWTP operates a bio-solids incinerator under its Air Permit (4475R18), which includes an on -site emergency generator. The Plant also has an off -site pump station generator under a sepa- rate Air Permit (08780G01). RRRWWTP's lab conducted over 23,000 water quality control tests in 2011 to comply with its permit. The table to the right sum- marizes those permit compliance results. (continued) . ram• ` i7P has had only two viola- tions. `�a � 4� ifs '�riii��4Pr?�. ��� Y tions.The Incinerator Air Permit has not had an exceedance since i1997. RRRWWTP received its third platinum award from NACWA (National Association of Clean. Water Agency) for 2010. A fourth platinum award is expected for compliance in 201 1. Joint regional projects are ongoing with the City of Charlotte that involve WSACC transporting and treating wastewater from Mecklenburg County. Reedy Creek Pump Station, which will accommodate approximately six MGD of wastewater from Char- lotte Mecklenburg, was completed and is online. A joint effort between .WSACC and local jurisdictions to identify and repair inflow and infiltration issues has shown great success during 201 1,These efforts will continue during-2012. The Collection System consists of 116 miles of interceptor sewer, ranging in pipe size diameters from 12 to 72 inches. Five remote pump stations provide wastewater transportation ser- vices'from the surrounding areas to RRRWWTP. Interceptor staff and the staff engineers are responsible for new construction design and structural review. The interceptor staff is also re- sponsible for general inspections, pump station operations and maintenance, interceptor sewer inspections, manhole rehabilita- tion, right-of-way maintenance, and flow monitoring. The Collection System operates under the Collection System Permit (WQCS00009), and must comply with detailed design, inspection, and monitoring regulations. Any problems or spills must 'be reported to the North Carolina Department of Environ- ment and Natural Resources within 24 hours. Public notification through news releases is also required. WSACC has imple- mented a preventative maintenance program to reduce problems and overflows, and as the table to the right shows, there was one reportable overflow in 2011. WSACC televised 141,152 feet of sewer lines during 2011. ' ;� � � �� dverag+e 4 = Remd�ial�r t ' f Exceeded F'airarneter Unrts' x Permrt Lim�tsf ; .Average: ! 'i ' Limrt�-�, r � ,; r influent Effluent Efficiency % CBOD5 (mg/L) 17 summer/25 winter 327.7 mg/L 6.05 mg/L 98.2% 0 rfi 4I, 0 Q� j NH3 N m L ) ( 4 summer/I0 wIter 3 mg/L 68 mg/L 49 a I �., O' y s ...-cnn.,.( 't �..1Y r, llr, .. , „o . r ^.� S TSS (mg/L) 45 weekly/ 30 monthly 536.8 mg/L 17.55 mg/L 96.7% 0 6 0 Dissolved Oxygen.- M m �;PPm PH 6.0 - 9.0 — 6.0 - 7.2 0 Fecal Coliform (ml/ 100) Chlorine Residual (ug/L) <50 ug/L (Compliance) <50 ug/L 0 Flow (MGD) 24 MGD 14.19 MGD 0 The Rocky River Regional Wastewater Treatment Plant Operator in Responsible Charge (ORC) is Timothy H. Mauldin. 1 6/30/201 1 1 5 iO4 Highway 49 1 5,610 1 ¢roken sewer line; repaired line and added lime to affected area. The WSACC Collection System Operator in Responsible Charge (ORC) is Wayne Lyles. Cert�frlca#ialn"` 4 I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. 02/24/2012 Timothy H. Mauldin Date Wastewater Operations Manager (ORC) Notifica#lon x WSACC is a wholesale, supplier of wastewater services for area municipalities. This report was distributed to the following govern- ment officials on February 28, 2012. Mike Downs, Cabanus County Manager Kim Eagle, Charlotte Mecklenburg Utilities Deputy Director W. Del Eudy, Mayor, Town of Mt. Pleasant Jim Greene, Concord Interim Wastewater Resources Director Barry Gullet, Charlotte Mecklenburg Utilities Director Timothy Hagler, Mayor, Town of Harrisburg Brian Hiatt, Concord City Manager Kathy Kitts, Mayor, Town of Midland Michael Legg, Kannapolis City Manager Robert Misenheimer, Mayor, City of Kannapolis ' J.'Scott Padgett, Mayor, City of Concord Elizabeth Poole, Chairman, Cabarrus County Commissioners PROCEDURE 4 REQUEST FORM DIVISION OF WATER QUALITY PERCS UNIT TO FROM ❑ Mike Mickey- Winston-Salem Regional Office ® Dee Browder- Mooresville Regional Office ❑ Hughie White - Fayetteville Regional Office ❑ Wayne Bryant - Washington Regional Office ❑ Barry Herzberg - Raleigh Regional Office ❑ Dean Hunkele - Wilmington Regional Office ❑ Roy Davis - Asheville Regional Office Date: July 23, 2007 �SAcG � C �Q� SC� C�Ci�7 TO FROM Adrian Eaton 919-733-5083 x 580 919-733-0059 (FAX) adrian.eaton@ncmail.net Application Number: WQ0031726 County: Cabarru Applicant: Water and Sewer Authority of Cabarrus Count(!n�' Project Name: Kings Grant Rocky River Parallel Interceptor Project Type: Fast -Track ❑ Pressure Sewer ❑ Name Change ❑ Change of Ownership ❑ Pump Station/Force Main ❑ Vacuum Sewer ❑ Gravity Sewer Flow Type: DOM ® COM ® IND ❑ Receiving Facility: WSACC WWTF Receiving Facility Permit: NCO036269 Flow Volume (GPD): N/A (this project is to install a new gravity parallel pipe interceptor from Rocky River US29 to just south of Derita Road (SR 1445)). It will parallel the existing 30" sewer pipe that currently serves this area. Engineer: Greg J Wells, P.E. @ Willis Engineers SOC Project? ❑ YES ® NO SEPA Project ❑ YES ® NO FONSI Issued? ® YES ❑ NO Pretreatment Program? ❑ YES ® NO Other Issues: .................................................................. WWTP Approval: Disp. Method (Spray, Drip, etc.) Approval: Comments: Regional Office Signature: dee browder ❑ YES ❑ NO ❑ YES ❑ NO ❑N/A Date: 8/22/07 PLEASE RESPOND WITHIN FIVE DAYS OF RECEIPT TABLE OF CONTENTS Page SECTION1 - GENERAL PROVISIONS ................................. 3 1.1 Purpose and policy.......... ...................... 3 1.2 Definitions ........................................ 4 SECTION 2 - GENERAL SEWER USE REQUIREMENTS .................... 15 2.1 Prohibited Discharge Standards .................... 15 2.2 National Categorical Pretreatment Standards....... 19 2.3 Local Limits.......... .......................... 20 2.4 State Requirements........... 20 2.5 Right of Revision ................................. 21 2.6 Dilution .......................................... 21 2.7 Pretreatment of Wastewater ........................ 21 2.8 Accidental Discharge/Slug Control Plans........... 23 2.9 Hauled Wastewater ................................. 24 SECTION3 - FEES .............................................. 25 3.1 Purpose ........................................... 25 3.2 User Charges ...................................... 25 3.3 Surcharges ........................................ 26 3.4 Pretreatment Program Administration Charges....... 27 SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION AND....... 28 ISSUANCE 4.1 Wastewater Dischargers ............................ 28 4.2 Wastewater Permits ................................ 28 SECTION 5 - REPORTING REQUIREMENTS ............................ 39 5.1 Baseline Monitoring Reports ....................... 39 5.2 Compliance Schedule Progress Reports .............. 40 5.3 Reports on Compliance with Categorical............ 41 Pretreatment Standard Deadline 5.4 Periodic Compliance Reports ....................... 41 5.5 Reports of Changed Conditions ..................... 42 5.6 Reports of Potential Problems ..................... 42 5.7 Reports from Unpermitted Users .................... 43 5.8 Notice of Violation/Repeat Sampling and........... 43 Reporting 5.9 Notification of the Discharge of Hazardous Waste.. 43 5.10 Analytical Requirements ........................... 44 5.11 Sample Collection ................................. 45 5.12 Timing ............................................ 45 5.13 Record Keeping .................................... 45 SECTION 6 - COMPLIANCE MONITORING ............................. 45 6.1 Monitoring Facilities ............................. 45 6.2 Inspection and Sampling ........................... 46 6.3 Search Warrants ................................... 47 TABLE OF CONTENTS Page SECTION 7 - CONFIDENTIAL INFORMATION .......................... 47 SECTION8 - ENFORCEMENT ....................................... 48 8.1 Administrative Remedies ........................... 48 8.2 Civil Penalties ................................... 50 8.3 Other Available Remedies .......................... 51 8.4 Remedies Nonexclusive ............................. 52 SECTION 9 - ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE... 52 SECTION 10 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS..... 52 10.1 Upset ............................................ 52 10.2 Prohibited Discharge Standards Defense........... 53 10.3 Bypass ........................................... 54 SECTION 11 - TAMPERING WITH, DAMAGING SEWAGE WORKS............ 55 SECTION12 - NEW CONSTRUCTION ................................. 55 SECTION13 - USE OF PUBLIC SEWERS..............................55 SECTION 14 - PRIVATE SEWAGE DISPOSAL ...........................55 SECTION15 - OUTSIDE CONNECTIONS...............................56 SECTION16 - USER FEES ........................................ 56 16.1 Residential, Commercial and Unpermitted.......... 56 Nondomestic Users 16.2 Permitted Nondomestic Users ...................... 56 16.3 Penalties for Failure to Pay ..................... 56 16.4 Termination of Services .......................... 56 SECTION17 - SPECIAL AGREEMENTS ............................... 57 SECTION18 - SEVERABILITY..................................... 57 SECTION19 - CONFLICT ......................................... 57 2 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 Water and Sewer Authority of Cabarrus County, hereafter referred to as the Authority, and enables the Authority 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 into the wastewater treatment system which will interfere with the operation of the system or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the wastewater treatment 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 wastewater treatment system; (d) To protect both the Authority's personnel who may be affected by sewage, wastewater, and sludge 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 wastewater treatment plant; and (f) To ensure that the Authority complies with its NPDES or Non - discharge Permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the wastewater treatment system is subject. This ordinance provides for the regulation of direct and indirect contributors to the wastewater treatment 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. 3 This ordinance shall apply to all users of the wastewater treatment system. [ Note: as authorized by N.C.G.S. 160A-312 and/or 153A- 275]. Except as otherwise provided herein, the Executive Director shall administer, implement, and enforce the provisions of this ordinance and shall be responsible for operating and maintaining the wastewater treatment system. Any powers granted to or imposed upon the Executive Director may be delegated by the Executive Director to other Authority personnel. By discharging wastewater into the wastewater treatment system, industrial users located outside the Authority 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" shall mean 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 shall mean the Director of the Division of Environmental Management of the North Carolina Department of Environment, Health 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 employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if 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. 4 (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 Authority. (4) Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees Celsius; usually expressed as a concentration (milligrams per liter). (5) Boundaries of the Authority or service area shall include Cabarrus County, Cities of Concord and Kannapolis, and Towns of Harrisburg and Mt. Pleasant. (6) Building Sewer shall mean a sewer conveying wastewater from the premises of a user to the POTW. (7) Bypass shall mean the intentional diversion of wastestreams from any portion of a user's treatment facility. (8) Categorical Standard or National Categorical Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405-471. (9) Chemical Toilets shall mean the structures used to collect human wastes at mass gatherings, construction sites and labor work camps. (10) Chemical Oxygen Demand (COD) shall mean the quantity of equivalent oxygen utilized in the chemical oxidation of organic matter as measured by standard laboratory methods as set out in this ordinance, expressed in parts per million. 5 (11) Color shall mean the true color due to substances in solution which cause any variation in the hue of the receiving stream and is expressed in parts per million. (12) Cooling Water shall mean the water discharged from any use such as air conditioning, cooling or refrigeration during which the only pollutant added to the water is heat. (13) Domestic Wastes shall mean liquid wastes from the noncommercial preparation, cooking and handling of food; or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions. (14) Environmental Protection Agency (EPA) shall mean 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. (15) Executive Director shall mean the chief administrative officer of the Water and Sewer Authority. (16) Hearing Authority shall mean the Executive Director, Authority Attorney, and Wastewater Treatment Superintendent or duly appointed deputies, agents or representatives thereof. (17 ) Grab Sample shall mean 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. (18) Holding Tank Waste shall mean 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. (19) Indirect Discharge or Discharge shall mean 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). (20) Industrial User or user shall mean any person which is a source of indirect discharge. (21) Industrial Waste shall mean the liquid and waterborne pollutants resulting from processes or operations employed in industrial establishments. 2 ( 22 ) Infiltration shall mean the water entering a sewer system including sewer service connections from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow. (23) Inflow shall mean the water discharged into a sewer system including service connections from such sources as but not limited to roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters,. surface runoff, street washwaters or drainage. Inflow does not include, and is distinguished from, infiltration. (24) Insignificant Industrial User shall mean a facility which discharges nondomestic wastewater into a publicly owned treatment works and which does not meet the criteria of a significant industrial user. (25) Immediate Oxygen Demand (IOD) shall mean the quantity of oxygen, utilized by an industrial waste in excess of that normally attributable to sewage as measured by using standard laboratory methods, as set out in this ordinance, expressed in parts per million. (26) Interference shall mean the inhibition, or disruption of the POTW treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW's NPDES 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 to the Solid Waste Disposal Act (SWDA).(42 U.S.C. 6901, et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent than 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. (27) Maximum Daily Discharge shall mean the total concentration or mass of a pollutant discharged from all production periods during a twenty-four (24) hour calendar day. 7 (28) Medical Waste shall mean 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. (29) National Prohibitive Discharge Standard or Prohibitive Discharge Standard shall mean the absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance and are developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (30) New Source shall mean (i) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed Categorical Pretreatment Standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with Section 307(c), provided that: (A) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (B) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (C) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (ii) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section [(i)(B)] or [(C)] above but otherwise alters, replaces, or adds to existing process or production equipment. 8 (iii) For purposes of this definition, construction of a new source has commenced if the owner or operator has: (A) Begun, or caused to begin as part of a continuous on -site construction program: (1) Any placement, assembly, or installation of facilities or equipment; or (2) Significant site preparation work including , clearing, excavation, or removal of existing buildings, structures:, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or (B) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a'reasonable time. Options to purchase or contracts which can be terminated, or modified without substantial loss, and contracts for feasibility,, engineering, and design studies do not constitute a contractual obligation under this definition. (31) Nitrogen (NH3) as ammonia shall mean the initial product in the decomposition of nitrogenous organic matter as measured by using standardlaboratory methods, as set out in this ordinance, expressed in mg/l. (32) Non -discharge Permit shall mean a disposal system permit issued by the State pursuant to N.C.G.S. 143-215.1. (33) Nondomestic Wastewater shall mean the liquid wastes resulting from the processes employed. in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. (34) NPDES or National Pollutant Discharge Elimination System shall mean the 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. (35) Pass Through shall mean 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 POTWfs NPDES or Non -discharge Permit or a downstream water quality standard. 0 (36) Person shall mean any individual, firm, company, partnership, 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. (37) pH shall mean 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. A pH value of 7.0 is neutral, above 7.0 is alkaline and below 7.0 is acid. (38) Pollutant shall many any "waste" as defined in N.C.G.S. 143-213 (13) 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, BOD, COD, toxicity, or odor). (39) POTW Treatment Plant shall mean that portion of the POTW designed to provide treatment to wastewater. (40) Pretreatment or Treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical and biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (41) Pretreatment Program shall mean the program for the. control of pollutants introduced into the POTW from nondomestic sources which was developed by the Authority in compliance with 40 CFR 403.8 and approved by the State in accordance with 40 CFR 403.11. (42) Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment, other than a pretreatment standard. (43) Pretreatment Standards shall mean the prohibited discharge standards, categorical standards, and local limits. 10 (44) Process Wastewater shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct, or waste product. (45) Properly Shredded Garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no .particle greater than one-half inch in any dimension. (46) Publicly Owned Treatment Works (POTW) shall mean a treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the Authority. 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 Authority who are, by contract or agreement with the Authority, or in any other way, users of the Authority's POTW. (47) Sanitary Sewer shall mean a sewer intended to receive domestic sewage and industrial waste, except that of type expressly prohibited by this ordinance, without the admixture of surface water and stormwater. (48) Septage or septic tank sludge shall mean the liquid and/or solids from septic tanks which contain no wastewater other than domestic. (49) Severe Property Damage shall mean 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. (50) Significant Industrial User shall mean a facility which discharges nondomestic wastewater into a publicly owned treatment works and which: (i) Has an average daily process wastewater flow twenty five thousand (25,000) gallons per day or more; or 11 (ii) contributes more than five (5) percent of any design capacity of the wastewater treatment plant receiving the discharge; or (iii) is required to meet a national categorical pretreatment standard; or (iv) is found by the Authority, the Division of Environmental Management or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements. (51) Significant Noncompliance or Reportable Noncompliance shall mean a status of noncompliance defined as follows: (i) Violations of wastewater discharge limits. (A) Chronic Violations. Sixty-six percent or more of the measurements exceed (by any magnitude) the same daily maximum limit or the same average limit in a six-month period. (B) Technical Review Criteria Thirty-three percent or measurements are more than limit (maximum or average) period. There are two group s BOD, TSS, fats, oil and grease For all other pollutants TRC = For pH any value less than 4.5 TRC = 1.4 1.2 units (C) Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass -through; or endangered the health of the sewage treatment plant personnel or the public. (D) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or -prevent such a discharge. 12 (ii) 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. (iii) Failure to provide reports for compliance schedule, self -monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date. (iv) Failure to accurately report noncompliance. (v) Any other violation or group of violations that the control authority considers to be significant. (52) Slug Load shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance. (53) Standard Industrial Classification (SIC) shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987. (54) Stormwater shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom. (55) Suspended Solids shall mean 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. (56) Unpolluted Water shall mean water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards. (57) Upset shall mean an exceptional incident in which there is unintentional and temporary categorical pretreatment standards beyond the reasonable control of the not include noncompliance to the operational error, improperly facilities, inadequate treatment f preventive maintenance, or care operation. 13 noncompliance with because of factors user. An upset does extent caused by iesigned treatment acilities, lack of less or improper (58) User shall mean any person who contributes, causes or permits the contribution of wastewater into the wastewater treatment system, including persons who contribute such wastes from mobile sources. (59) Wastewater shall mean 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 stormwater that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW. (60) Wastewater Permit shall mean as set forth in Section 4.2 of this ordinance. (61) Waters of the State shall mean all streams, lakes, ponds, marshes, watercourse, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems 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. This ordinance is gender neutral and the masculine gender shall include the feminine and vice -versa. Shall is mandatory; may is permissive or discretionary. 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. (b) 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) mg/l - Milligrams per liter (6) NCAC - North Carolina Administrative Code (7) N.C.G.S. - North Carolina General Statutes (8) NH3 - Nitrogen Ammonia (9) NPDES - National Pollution Discharge Elimination System (10) O & M - Operation and Maintenance (11) POTW - Publicly Owned Treatment Works (12) RCRA - Resource Conservation and Recovery Act (13) SIC - Standard Industrial Classification (14) SWDA - Solid Waste Disposal Act (15) TSS - Total Suspended Solids (16) U.S.C. - United States Code 14 SECTION 2 - GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharae 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 the 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: (1) Explosive mixtures. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances. Solid or viscous substances in amounts which will cause obstruction of the POTW resulting in interference but in no case solids greater than one half inch in any dimension. Prohibited materials include but are not limited to: grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, tar, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, ground paper products, and material from grinders, residues or solids from a pretreatment facility, and similar substances. (3) Petroleum, cutting or mineral oils. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (4) Corrosive wastes. Any wastewater having a pH less than 5.0 or more than 9.0 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment. 15 (5) Excessive discharge rate and/or concentration. Any wastewater containing pollutants, including oxygen - demanding pollutants, (BOD, etc.) insufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW. (6) Temperature limit. Any wastewater having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-six (66) degrees Celsius), 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 one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius) . (7) Toxic gases. 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) Truck or hauled pollutants. Any truck or hauled pollutants, except at discharge points designated by the Executive Director in accordance with Section 2.9 of this ordinance. (9) Oils and grease. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l. (10) Noxious materials. Any noxious or malodorous solids, liquids or gases, 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. (11) Improperly shredded garbage. Garbage that has not -been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than one-half inch in any dimension. (12) Radioactive wastes. Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Executive Director in compliance with applicable State and Federal regulations. (13) Toxic substances. Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B .0200. 16 (14) Unpolluted waters. Storm water, surface water, ground water, arterisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Executive Director. No person shall connect or cause to be connected to the sanitary sewer .system any pipe or conduit which will allow discharge from any inflow sources listed in this section into the sanitary sewer system. (15) Cloth or textile waste. Any clothing rags, textile remnants or waste, cloth, scraps, except fibers of scrap that will pass through a one -fourth -inch mesh screen or its equivalent in screening ability, provided such fibers do not interfere with the normal operation of the treatment plant. (16) IOD limit. Any waters or wastes in which the IOD exceeds five (5.0) mg/ 1. (17) Fixed solids limit. Any waters or wastes in which the total fixed solids exceed one thousand five hundred (1,500) mg/l. (18) Excessive residues. 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. (19) Heavy metals. Any waters or wastes containing amounts of arsenic, cadmium, chromium, copper, lead, nickel, zinc, or other heavy metals which exceed national categorical standards, local limits, interfere with treatment efficiency or sludge disposal criteria or cause the POTW to exceed NPDES permit limitations. (20) Poisons. Any waters or wastes containing cyanide or other such poisonous substances. (21) Interfering solids. Any waters or wastes containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the POTW. 17 (22) Color. 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. (23) Pretreatment sludges. Any sludges, screenings or other residues from the pretreatment of industrial wastes. (24) Medical wastes. Any medical wastes, except as specifically authorized by the Executive Director in a wastewater discharge permit. (25) Ammonia compounds. Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the wastewater treatment system. (26) Hazardous waste. 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 Executive Director. (27) Human or animal parts. Recognizable portions of the human or animal anatomy. (28) Toxicity. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (29) Excessive foaming. Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the wastewater treatment. system. (30) Explosive limit. 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. 18 (31) Discharge of untreated wastewater. Within the boundaries of the Authority, it shall be unlawful for any person to discharge to any outlet, other than a sanitary sewer, any domestic or industrial waste except where suitable treatment has been provided in accordance with provisions of this ordinance or where an appropriate NPDES permit has been obtained. (32) Alkyl Phenol Ethoxylates (APEs). Any compounds containing APEs shall be prohibited due to the inhibiting and toxic effect of APEs on the biological treatment at the POTW. Linear alcohol ethoxylates, a more readily biodegradable surfactant, may be substituted for APEs. 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 accidentally or illegally to the wastewater treatment system. All floor drains located in process or materials storage areas must discharge to the industrial users pretreatment facility before connecting with the system. When the Executive Director 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 Executive Director 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 Executive Director 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 Executive Director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). 19 (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. 2.3 Industrial Waste Survey and Local Limits An Industrial Waste Survey is required prior to a user discharging wastewater containing in excess of the following maximum daily discharge limits. BOD - 300 MG/L COD - 675 MG/L TSS - 175 MG/L NH3 - 15 MG / L Aluminum - 1.80 MG/L Arsenic - 0.003 MG/L Cadmium - 0.003 MG/L Copper - 0.090 MG/L Chromium - 0.020 MG/L Cyanide - 0.041 MG/L Lead - 0.049 MG/L Mercury - 0.0003 MG/L Nickel - 0.021 MG/L Silver - 0.005 MG/L Zinc - 0.176 MG/L 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 is not exceeded for particular pollutants of concern. User -specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The Executive Director may impose mass 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. 20 2.5 Right Of Revision The Authority 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 Authority 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 the ordinance within the time limitations as specified by the EPA, the State, or the Executive Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Users'shall not discharge wastewater requiring treatment either directly or indirectly to the Authority's wastewater treatment system without first notifying and obtaining approval from the Executive Director. Detailed plans showing the.pretreatment facilities and operating procedures shall be submitted to the Authority for review, and shall be approved by the Executive Director 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 Authority 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 Executive Director prior to the user's initiation of the changes. 21 (b) Additional Pretreatment Measures (1) Whenever deemed necessary, the Executive Director 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) Grease, oil and sand interceptors shall be provided when, in the opinion of the Executive Director, 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 restaurants and slaughtering operations shall have grease interceptors or grease removal facilities. All interception units shall be of type and capacity approved by the Executive Director 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. (3) Flow Equalization. The Executive Director may require any person discharging into the POTW to install and maintain, on the property and at their expense, a suitable storage and flow -control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. Such facility shall have a capacity of at least eighty (80) percent of the normal volume of one (1) twenty four hour production period of wastewater and outlet to the sewer controlled by a waterworks -type controller, or other approved device, the setting of which shall be directed by the Executive Director. (4) Control Manhole. Any person discharging nondomestic- wastewater into the Authority's sanitary sewer shall construct and maintain a suitable control manhole to facilitate observation, measurements and sampling of all wastewater including domestic wastewater from the industry. The control manhole shall be constructed downstream from any treatment, storage or other approved system at a suitable and satisfactory location and built in a manner approved by the Executive Director or his designee. 22 (5) Measuring Device. Where a storage tank is not required, the control manhole shall be equipped with a permanent type volume measuring device such as a nozzle, or other device approved by the Executive Director. The manhole shall be installed. by the person discharging the wastewater at his own expense and shall be maintained by him so as to be safe, accessible and in proper operating condition at all times. (6) Interrupted Service Note. Notice shall be given to the Executive Director or his designee when normal industry will be interrupted for seventy two (72) hours or longer and wastewater will not be available for discharge, or when a change of process is contemplated or malfunction of the treatment facility occurs or is anticipated which will alter demands on the wastewater treatment facilities: Normal operations shall include allowance for legal holidays and other announced plant shutdowns. (7) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. Plans for the construction of the equalization tank, control manhole, controlling devices, and volume measuring devices shall be approved by the Executive Director prior to the beginning of construction. 2.8 Accidental Discharge/Slug Control Plans At least once every two (2) years, the Executive Director shall evaluate whether each significant industrial user needs an accidental discharge/ slug. control plan. The Executive Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Executive Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at.a minimum, the following: (a) Description of discharge practices, including nonroutine batch discharges; (b) Description of stored chemicals; (c) Procedures for immediately notifying any accidental or slug discharge, a of this ordinance; and 23 the Executive Director of s required by Section 5.6 (d) 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 Any person engaging in the transport of septage, wastes from chemical toilets or other liquid or semi -liquid wastewater for the purpose of disposal shall be referred to herein as contractors. Contractors shall be allowed to empty wastewater permitted by this subsection into the sewer system at designated structures located at the POTW subject to the following limitations and conditions: (a) Before emptying septic tank sludge or wastes from chemical toilets into the sewer system at the POTW, contractors shall have obtained and have in their possession a currently valid permit to provide scavenger service issued by the North Carolina Department of Solid Waste. The number of the permit shall be prominently displayed by the contractor on the cab of the truck or on the tank in which sludge or waste is transported. (b) The contractor must apply for and receive a septage discharge permit from the Authority, accompanied by the applicable fee prior to discharging to the POTW. By accepting the permit to introduce septic tank sludge and chemical toilet wastes derived only from domestic sources into the sewer system the contractor agrees to dump or empty such sludge and waste only at designated structures, at such times as are established by the POTW, and to maintain these structures and the area surrounding them in a proper condition of cleanliness. Such waste shall not violate Section 2 of this ordinance or any other requirements established by the Authority. (c) Contractor shall not empty into the sewer system grease trap wastes. (d) Contractor shall not empty into the sewer system any industrial wastes without prior written approval from the Authority. Contractor must provide any and all information, including sampling analysis, requested by the wastewater treatment staff. 24 (e) The contractor shall supply with every load a representative sample of the waste being emptied as prescribed by the Executive Director. The contractor may also be required to provide the name, address and phone number of the customer for which the sample was provided. (f) Upon failure to maintain structures in a proper condition of cleanliness, failure to have a currently valid permit from the North Carolina Department of Solid Waste or failure to pay charges due to the Authority as hereinafter provided, the Authority may deny a contractor permission to dispose of septic tank sludge and waste from chemical toilets into the sewer system. The Authority will notify the Cabarrus County Health Department and State of such denial of permission to any contractor. (g) Failure of the contractor to comply in accordance with the ordinance or septage permit may result in revocation of permit and/or penalties as provided for in Section 8. (h) User fees shall be established at a rate to recover the cost of treatment and administration of the contract hauler program. Fees and payment policy shall be approved by the Board of Directors and shall be paid in accordance with the procedure established by the Executive Director. SECTION 3 - FEES 3.1 Purpose It is the purpose of this section to provide for the recovery of costs from users of the Authority's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Authority's schedule of charges and fees. 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. 25 (c) The Executive Director 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 Board of Directors for adjustments in the Rate Schedule 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 All industrial users of the POTW are subject to industrial waste surcharges on discharges which exceed the following levels: BOD - 300 MG/L COD - 675 MG/L TSS - 175 MG/L NH3 - 15 MG / L Oil/Grease - 100 MG/L Aluminum - 1.80 MG/L Arsenic - 0.003 MG/L Cadmium - 0.003 MG/L Copper - 0.090 MG/L Chromium - 0.020 MG/L Cyanide - 0.041 MG/L Lead - 0.049 MG/L Mercury -'0.0003 MG/L Nickel - 0.021 MG/L Silver - 0.005 MG/L Zinc - 0.176 MG/L The amount of surcharge will be based upon the mass emission rate (in pounds) discharged in excess of the levels listed above. An industrial user shall never increase the amount of water to dilute pollutant concentrations to avoid or reduce surcharges. The amount charged per pound of excess will be set forth in the Surcharge Rate Schedule. (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 Authority. If a person discharging wastewater into the public sewers produces evidence to the Executive Director that a .significant percent of the total annual volume of water used for all purposes does not reach the public sewers, then an estimated percentage of total water consumption to be used in determining nondomestic wastewater discharge may 26 be agreed upon between the Executive Director and the person discharging such nondomestic wastewater into the public sewer. The Executive Director shall ascertain whether substantial evidence has been provided to prove a significant percent of water does not reach the public sewers; or (2) If required by the Authority or at the individual discharges option, other flow monitoring devices which measure the actual volume of wastewater discharged to the i! sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the Authority. The metering system shall be installed and maintained at the users expense according to arrangements that may be made with the Authority. (3) Where any user procures all or part of his water supply from sources other than the Authority, the user shall install and maintain at his own expense water meters of a type approved by the Authority for the purposes of determining the proper volume of wastewater discharged to such sewers. (b) The character and concentration of wastewater used in determining surcharges shall be determined by samples collected and analyzed'by the Authority. Samples shall be collected in such 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 by the Executive Director or his duly appointed representatives of the character and concentration of the wastewater discharge shall be binding as a basis for charges. (d) Any source that discharges nondomestic wastewater in excess of the levels listed above may be subject to surcharges. (e) The Executive Director may assess surcharges to users to recover any additional costs incurred by the Authority for the handling and disposal of sludge. 3.4 Pretreatment Program Administration Charges The schedule of charges and fees adopted by the Authority may include charges and fees for: (a) reimbursement of costs of setting up and operating the pretreatment program; 27 (b) monitoring, inspections and surveillance procedures; (c) reviewing accidental discharge procedures and construction plans and specifications; (d) permitting; and (e) other fees as the Authority may deem necessary to carry out the requirements of the pretreatment program. SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE 4.1 Wastewater Discharaers It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the Authority. When requested by the Executive Director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Executive Director 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 construction or operations which will result in a discharge to the POTW. Existing industrial users who are determined by the Executive Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the Executive Director's determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the Executive Director be required to obtain a wastewater discharge permit for non -significant or insignificant industrial users. For purposes of this definition, construction or operation has commenced if the owner or operator has: (i) Begun, or caused to begin as part of a continuous on -site construction program: (A) Any placement, assembly, or installation of facilities or equipment; or (B) Significant site preparation work including clearing, excavation, or removal or existing buildings, structures, or facilities which is necessary for the replacement, assembly, or installation of new source facilities or equipment; or 28 (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial obligation under this definition in accordance with that Section with the provisions as stated in 40 CFR 403.3.(K). (a) Significant Industrial User Determination All persons proposing to discharge nondomestic wastewater, or proposing to change the volume or characteristics of an existing discharge of nondomestic wastewater shall request from the Executive Director a significant industrial user determination. If the Executive Director 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 Executive Director an application in the form prescribed by the Executive Director, and accompanied by the applicable fee in the amount prescribed in the Schedule of Charges and Fees. Significant industrial users shall apply for a permit within 90 days after notification of the Executive Director's determination in Section 4.2 (a) above. In support of this application, the user shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address, location, (if different from the address) ; (2) Volume of wastewater to be discharged on a daily basis and over a specified timeframe; (3) Standard Industrial Classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated; (4) Analytical data on wastewater constituents and characteristics including, but not limited to, those set forth in Section 2 of this ordinance, any of the priority pollutants ISection 307(a) of the Act} which the applicant knows or suspects are present in the discharge as determined by, a reliable analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended; 29 (5) Time and duration of the indirect discharge; (6) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; (7) Description of all pretreatment facilities, existing and proposed; (8) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flow and appurtenances by size, location and elevation; (9) Description of activities, facilities and plant processes on the premises including all materials which are or could be accidentally or intentionally discharged; (10) List of all hazardous or toxic chemicals used in plant processes including information concerning handling, storage and potential for aqueous contract; (11) Number of employees and hours of operation of plant proposed or actual hours of operation of pretreatment system; (12) Where known, the nature and concentration of any pollutants in the discharge which are limited by any Authority, State or Federal Pretreatment Standards, and - a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable Pretreatment Standards; (13) If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule: (i) 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. No increment in the schedule shall exceed nine (9) months. 30 No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Executive Director 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. In no event shall more than nine (9) months elapse between. such progress reports to the Executive Director. (14) Each product produced by type, amount, process or processes and rate of production; (15) Type and amount of raw materials processed (average and maximum.per day); (16) If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12 (b) and 15A NCAC 2H .0908(a), as outlined in Section 5.1 of this ordinance; (17) Any other information as may be deemed by the Executive Director to be necessary to evaluate the permit application. (c) Application Signatories and Certification All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user 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 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." (d) Application Review and Evaluation The Executive Director will evaluate the data furnished by the user and may require additional information. 31 (1) The Executive Director is authorized to accept applications for the Authority and shall refer all applications to the Authority staff for review and evaluation. (2) Within 30 days of receipt the Executive Director 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. (e) Tentative Determination and Draft Permit (1) The Authority 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 wastewater discharge permit. (2) If the staff's tentative determination is to issue the permit, the following additional determinations shall be made in writing: (i) Proposed discharge limitations for those pollutants proposed to be limited; (ii) A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and (iii) 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 Authority's general permit conditions into a wastewater discharge permit. (f) Permit Synopsis A fact sheet providing a brief synopsis of the application shall be prepared by the Authority staff for submission to the applicant and, the approval authority and shall be made available to the public upon request. The contents of such fact sheets shall include at least the following information: (1) A sketch and detailed description of the industrial facilities and pretreatment facilities including the location of all points of discharge to the POTW and all established compliance monitoring points. 32 (2) A quantitative description of the discharge described in the application which includes at least the following: (i) The rate or frequency of the proposed discharge; if the discharge is continuous,. the average daily flow; (ii) The actual average daily discharge in pounds per day or concentration of any limited pollutant and any pollutant identified in the application as know or suspected present; and (iii) The basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards. (g) Final Action On Wastewater Discharge Permit Applications (1) The Executive Director shall take final action on all applications not later than 90 days following receipt of a complete application. (2) The Executive Director is authorized to: (i) Issue a wastewater discharge permit containing such conditions as are necessary to effectuate the purposes of this ordinance and N.C.G.S. 143-215.1; (ii) Issue a wastewater discharge permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements; (iii) Modify any permit upon not less than 60 days notice and pursuant to Section 4.2 (i) of this ordinance; (iv) Revoke any permit pursuant to Section 8.1 of this ordinance;- (v) Suspend a permit pursuant to Section 8.1 of this ordinance; and (vi) Deny a permit application when in the opinion of the Executive Director such discharge may cause or contribute to pass through or interference of the wastewater treatment plant or where necessary.to effectuate the purposes of N.C.G.S. 143-215.1. 33 (h) Hearings The Authority may conduct hearings as designated in Section 8.1. (1) Initial Adjudicatory 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 an adjudicatory hearing before a hearing officer designated by the Executive Director upon making written demand, identifying the specific issues to be contested, to the Executive Director 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. The hearing officer shall make a final decision on the contested permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The Executive Director shall transmit a copy of the hearing officer's decision by registered or certified mail. (i) 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. 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. (2) Final Appeal Hearings. Any decision of a hearing officer made as a result of an adjudicatory hearing held under Section 4.2(h)(1) above may be appealed, to the Board of Directors upon filing a written demand within 10 days of receipt of notice of the decision. Hearings held under this subordinance shall be conducted in accordance to the general guidelines of a hearing. Failure to make written demand within the time specified herein shall bar further appeal. The Board of Directors shall make a final decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail. 34 (3) Official record. When a final decision is issued under Section 4.2(h)(2) above, the Board of Directors shall prepare an official record of the case that includes: (i) All notices, motions, and other like pleadings; (ii) A copy of all documentary evidence introduced; (iii) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken. (iv) A copy of the final decision of the Board of Directors. (4) Judicial Review. Any person against whom a final order or decision of the Board of Directors is entered, pursuant to the hearing conducted under Section 4.2(h)(2) above, may seek judicial review of the order or decision, by filing a written petition within 30 days receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of Cabarrus County along with a copy to the Authority. Within 30 days after receipt of the copy of the petition of judicial review, the Board of Directors shall transmit to the reviewing court the original or a certified copy of the official record. (i) Permit Modification (1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows: (i) changes in the ownership of the discharge when no other change in the permit is indicated; (ii) a single modification of any compliance schedule not in excess of four months; and (iii) 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. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (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 35 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 N.C.G.S. 143-215.1 (b) for modifications. (j) Permit Conditions (1) The Executive Director 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 discharge permits shall contain, but are not limited to, the following: (i) a statement of duration (in no case more than five years) ; (ii) a statement of non -transferability; (iii) applicable effluent limits based on categorical standards or local limits or both; (iv) 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. (v) Notification requirements for slug loads; and (vi) a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. ( 2 ) In addition, permits may contain, but are not limited to, the following: (i) Limits on the average and/or maximum rate and time of discharge, and/or requirements for flow regulation and equalization; (ii) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. 36 (iii) 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 wastewater treatment system. (iv) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non -routine discharges. (v) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the wastewater treatment system. (vi) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system. (vii) Requirements for installation and maintenance of inspection and sampling facilities and equipment. (viii) specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules. (ix) 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). (x) Compliance schedules for meeting pretreatment standards and requirements. (xi) Requirements for -submission of periodic self - monitoring or special notification reports. (xii) Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in section 5.13 and affording the Executive Director, or his designee, access thereto. (xiii) Requirements for prior notification and approval by the Executive Director 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. 37 (xiv) Requirements for the prior notification and approval by the Executive Director of any change in the manufacturing and/or pretreatment process used by the permittee. (xv) Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system. (xvi) 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. (xvii) Other conditions as deemed appropriate by the Executive Director to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. (k) Permits 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 discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation. (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. These same permitting procedures may be applied for all other nondomestic discharges, such as insignificant industrial users which do not meet the criteria of a significant industrial user. Wastewater discharge permits for insignificant industrial users shall be issued by the Executive Director or his designee. 38 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 Executive Director 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 Executive Director 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 wastestream formula set out in 40 CFR 403.6(e). (5) Measurement of Pollutants. (i) The categorical pretreatment standards applicable to each regulated process. 39 (ii) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Executive 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. (iii) Sampling must be performed in accordance with procedures set out in section 5.11 of this ordinance. (6) Certification. A statement, reviewed by the user's authorized representative 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 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(c) of this ordinance. 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; 40 (b) No increment referred to above shall exceed nine (9) months; (c) The user shall submit a progress report to the Executive Director 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 Executive Director. 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 Executive Director 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(c) of this ordinance. 5.4 Periodic Compliance Reports (a) All significant industrial users shall, at a frequency determined by the Executive Director but in no case less than twice per year (in June 'and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 4.2(c) of this ordinance. (b) 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. (c) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Executive Director, using the procedures prescribed in Section 5.10 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 Executive Director 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 sixty (60) days before the change. (a) The Executive Director 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 Executive Director 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 increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. 5.6 Reports of Potential Problems (a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Executive Director 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 Executive Director, 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. 42 (c) A notice shall be,permanently posted on the user's bulletin board or other prominent place advising employee's whom to call in the event of a discharge described in paragraph (a), above. Employees shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 5.7 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Executive Director as the Executive Director may require. 5.8 Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the Executive Director 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 Executive Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Executive Director monitors at the user's facility at least once a month, or if the Executive Director samples between the user's initial sampling and when the user receives the results of this sampling. 5.9 Notification of the Discharge of Hazardous Waste (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 of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph needs to 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 43 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 Executive 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 in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard, by a certified wastewater laboratory. 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. 44 5.11 Sample Collection (a) Except as indicated in section (b) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Executive Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a. representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 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 of 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 Authority, or where the user has been specifically notified of a longer retention period by the Executive Director. SECTION 6 - COMPLIANCE MONITORING 6.1 Monitoring Facilities The Authority requires the user to provide and operate at the user's. 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 Authority may, when 45 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 monitoring facilities shall be provided in accordance with the Authority's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Authority. 6.2 Inspection and Sampling The Authority 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 Authority, 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 Authority, State and Environmental Protection Agency 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 Authority, State and Environmental Protection Agency will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the access to the user's premises shall be a violation of this ordinance. Unreasonable delays may constitute denial of access. The Executive Director or authorized representative may enter upon the property at any hour under emergency circumstances. 46 6.3 Search Warrants If the Executive Director, State, 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 Authority 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 Executive Director, State, or EPA may seek issuance of a search warrant from the Superior Court of Cabarrus County. SECTION 7 - CONFIDENTIAL INFORMATION Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Executive Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When requested by the person furnishing a report, the.portions of a report which might disclose trade secrets processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this ordinance, NPDES permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.. All records relating to compliance with Pretreatment Standards shall be made available to officials of the approval authority and EPA upon request. 47 SECTION 8 - ENFORCEMENT 8.1 Administrative Remedies (a) Notification of Violation Whenever the Executive Director or'his designee 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, he may serve upon such 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 Authority 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 Order The Executive Director 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 Executive Director 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 Executive Director 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 Executive Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. 48 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 Executive Director under this section subject to an administrative appeal under Section 4.2(h). (d) Administrative Orders When the Executive Director finds that an industrial user has violated or continues to violate this ordinance, permits or orders issued hereunder, or any other pretreatment requirement the Executive Director 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 preventative 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. Appeals of Administrative Orders issued in accordance with this section shall be as provided in Section 4.2(h). (e) Emergency Suspensions The Executive Director 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 wastewater discharge permit terminated. In the event of 'a failure to comply voluntarily with the suspension order, the Executive Director 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 Executive Director shall reinstate the wastewater permit 49 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 Executive Director prior to the date of the above described hearing. (f) Termination of permit Any user who violates the following conditions of this ordinance, or applicable State and Federal regulations, is subject to having its permit terminated: (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 or reasonable access to the user's premises for the purpose of inspection or monitoring; or (4) Violation of conditions of the permit. 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 fined up to ten thousand dollars ($10,000) per day per violation. (b) In determining the amount of the civil penalty, the Executive Director shall consider the following: (i) 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; (ii) The duration and gravity of the violation; (iii) The effect on ground or surface water quantity or quality or on air quality; (iv) The cost of rectifying the damage; (v) The amount of money saved by noncompliance; 50 (vi) Whether the violation was committed willfully or intentionally; (vii) The prior record of the violator in complying or failing to comply with the pretreatment program; (viii) The costs of enforcement to the Authority. (c) Appeals of civil penalties assessed in accordance with this section shall be as provided in section 4.2(h). 8.3 Other Available Remedies Remedies, in addition to those previously mentioned in this ordinance, are available to the Executive Director 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 Cabarrus County Judicial District may, at the request of the Authority, prosecute noncompliant users who violate the provisions of N.C.G.S. 143- 215.6B. (b) Injunctive Relief Whenever a user is in violation of the provisions of this ordinance or an order or permit issued hereunder, the Executive Director, through the Authority Attorney, may petition in 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 user is in violation of the provisions of this ordinance or an order or permit issued hereunder, water service to the 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 contained in a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Executive Director or his designee. Any persons) creating a public nuisance shall be subject to the provisions of this ordinance governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. 51 8.4 Remedies Nonexclusive The remedies provided for in this ordinance are not exclusive. The Executive Director 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 Authority's enforcement response plan. However, the Executive Director may take other action against any user when the circumstances warrant. Further, the Executive Director is empowered to take more than one enforcement action against any noncompliant user. SECTION 9 - ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE At least annually, the Executive Director 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)(10), with applicable pretreatment standards and requirements, during the previous 12 months. SECTION 10 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 10.1 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 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 Executive Director 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): (i) A description of the indirect discharge and cause of noncompliance; 52 (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (iii) 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 necessary to maintain compliance standards upon reduction, loss, facility until the facility is method of treatment is provided. the situation where, among other power of the treatment facility all discharges to the extent with categorical pretreatment or failure of its treatment restored or. an alternative This requirement applies in things, the primary source of is reduced, lost, or fails. 10.2 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), (5) through (7), and (9) through (31) 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 Authority was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. 53 10.3 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) (c) (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Executive Director at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Executive Director 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 Executive Director may waive the written report on a case -by -case basis if the oral report has been received within twenty-four (24) hours. (1) Bypass is prohibited, and the Executive Director may take an enforcement action against a user for a bypass, unless (i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) 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 (iii) The user submitted notices as required under paragraph (b) of this section. 54 (2) The Executive Director may approve an anticipated bypass, after considering its adverse effects, if the Executive Director determines that it will meet the three conditions listed in paragraph (c)(1) of this section. SECTION 11 - TAMPERING WITH, DAMAGING SEWERAGE WORKS No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater treatment system. SECTION 12 - NEW CONSTRUCTION New sewers and new connections shall be properly designated and constructed in accordance with such guidelines as published by the Environmental Protection Agency, reference 40 CFR section 35.927-4. All new connections shall conform with the North Carolina plumbing codes. SECTION 13 - USE OF PUBLIC SEWERS The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes under the jurisdiction of this ordinance and abutting on any.street, alley, or rights -of -way in which there is or may be located a wastewater sewer connected to the treatment facility of the Authority, is required at the •owner's expense to install suitable toilet facilities therein and to connect such facilities directly to the proper sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so provided the proper wastewater sewer is within three hundred (300) feet of the property line. This section shall not apply to any person served by a privately constructed, owned, operated, or maintained wastewater sewer and wastewater treatment facility that discharges directly to a.natural outlet in accordance with the provisions of this ordinance and applicable state and federal laws. SECTION 14 - PRIVATE SEWAGE DISPOSAL Regulations concerning private sewage disposal will be enforced by the Cabarrus County Health Department in accordance to 10 NCAC 10A.1900. 55 SECTION 15 - OUTSIDE CONNECTIONS Any person owning or controlling premises located beyond the corporate limits or boundaries of the Authority and desiring to install a plumbing system for the purpose of discharging domestic sewage and/or industrial waste into the POTW may do so by complying with the requirements of this ordinance and of the public utility having jurisdiction over the sanitary sewer to which the connection is proposed to be made. SECTION 16 - USER FEES The Board of Directors shall approve all rates and fees to be assessed to each user class. Every user of the sewer system will pay the appropriate fees as determined by the Executive Director. 16.1 Residential, Commercial and Unpermitted Nondomestic Users Regular sewer service fees and charges will be assessed to each residential, commercial and unpermitted nondomestic user for the use of the sewer systems to recover the costs incurred for the operation and administration of the collection and wastewater treatment systems. 16.2 Permitted Nondomestic Users In addition to the regular sewer service fees and charges, sewer surcharges shall be assessed to each permitted nondomestic user as applicable and in accordance with Section 3.3. The fees, including sampling and program fees, will be for the use of the sewer system to recover the cost incurred for the operation and administration of the pretreatment program and the treatment system. 16.3 Penalties for Failure to Pay Payment of charges, fees, and assessments shall be made monthly and shall be due as specified on the bill. If any charges remain after the specified due date, a notice will be sent and a penalty will be applied to the unpaid balance in accordance with the terms and 'conditions governing payments set by the Board of Directors. 16.4 Termination of Services If any charges remain, after the final due date set by the Executive Director in accordance with Board of Directors policy and procedures, water and sewer services may be terminated. Before services can be reinstated, the balance must be paid in full. M SECTION 17 - SPECIAL AGREEMENTS Nothing in this ordinance shall be construed as preventing any special agreement or arrangement between the Board of Directors and any user of the wastewater treatment system whereby wastewater of unusual strength, character or quantity is accepted into the system and specially treated subject to any payments or user charges as may be applicable, provided such wastewater will not interfere with the treatment process, sludge disposal options, NPDES permit compliance or cause a violation of water quality standards. SECTION 18 - 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 19 - 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. 57 This ordinance is hereby effective immediately upon adoption. Adopted this �� day of 1994. i AATEST: (seal) G: WATER AND SEWER AUTHORITY OF CABARRUS COUNTY Chairman, Board of Directors APPROVED AS TO FORM: VA /% i - - Authority - I' WATER AND SEWER AUTHORITY OF CABARRUS COUNTY DECLARATION OF INTENT The Board of Directors (Board) of the Water and Sewer Authority of Cabamus County (WSACC) adopted a Sewer Use Ordinance (SUO) on August 18, 1994. It is the f ltent of the Board to adopt Amendment No. 1 to the SUO as shown on Attachment No. 1 in accordance with 162A-6(a)(14c). Amendment No. 1 shall be effective Nwc Pro Tung to July 1,1999. This the 21 day of October,1999 K eth F. Payne Chairman ST: J Y.' Small retary a ATTACHMENT NO. 1 AMENDMENT NO. 1 TO SEWER USE ORDINANCE WHEREAS, the Sewer Use Ordinance (SUO) was adopted on August 18, 1994; WHEREAS, the Water and Sewer Authority of Cabarrus County (WSACC) had a study conducted which showed the Rocky River Regional Wastewater Treatment Plant has the capability to handle and process additional solids; WHEREAS, the current surcharge concentrations listed in the SUO, Section 3.3, are based upon plant design and typical domestic sewage levels; WHEREAS, the total suspended solids (TSS) concentration in typical domestic sewage ranges from 220 to 250 mg/L; and WHEREAS, the TSS surcharge concentration shall be changed from 175 mg/L to 250 mg/L. NOW, THEREFORE, Section 3.3 of the SUO shall be amended to change the TSS surcharge concentration from 175 mg/L to 250 mg/L. IN WITNESS WHEREOF, this Amendment shall become effective July 1, 1999. Adopted this At day of OAV4z,,�, , 1999. WATER AND SEWER AUTHORITY OF CABARRUS COUNTY C. 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