WQCS00223_Comments_20181219

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TOWN OF DENTON
RECEIVED/DENR/DWR
December 19, 2018
JAN 0 3 ?3!9
Paul DiMatteo
North Carolina Division of Water Quality Water Resources
Permitting Section
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
Subject: Response to Compliance Evaluation Inspection and Notice of Deficiency
Wastewater Collection System Permit WQCS00223
NOD Tracking Number NOD-2018-PC-0324
Town of Denton Wastewater Collection System, Davidson County
Dear Mr. DiMatteo:
In response to your letter dated November 26, 2018 we have made the following changes and
improvements to the collection system and submit these for your review and approval;
Condition I.7— Contingency Plan for Pump Failure Required at Each Pump Station. Per your
recommendations, we have modified our collection system logs using the documents provided
by your office as a template. We conducted in-house training for the employees that will be
using these documents to ensure accurate and legible documentation. I have enclosed a copy
of each of the collection system logs for your review.
Condition 1I.8—Cleaning Requirements. We has I have met with the utility director as well as
the personnel responsible for operating the Jet-Vac truck and we have gone over the
requirements and documentation procedures for logging their cleaning events.
Condition III.1 —Records. We have placed our FOG policy, Summary and Enforcement
Response Plan on the Town of Denton website. We will also be placing an ad on the website
twice per year to run for at a minimum of 1 week on the front page of the website expressing
the need for attention to control FOG in our POTW. We will continue to hand deliver the
FOG brochures to the FSE's during their FOG inspections. We will also be placing an ad in
the Denton Orator newspaper twice per year with the same information that will be seen on
the website asking for assistance in controlling the FOG's in the POTW.
ConditionlII.3 —Comprehensive map requirements. We are approximately 40% completed
with the additional information that is needed. We have run into some confusion as to when
some of these lines were installed. We are attempting to get within a decade for some of the
older sections in Town.
Condition IV.3 —Notification Requirements. We have reviewed the reporting requirements
for SSO's and initiated a new filing system to ensure that we complete Press releases and
201 W. HME5111Mfreeselvhere required.
P.O. Box 306 Phone: [phone]
Denton, NC 27239 Fax: [phone]
This institution is an equal opportunity provider and employer

If you require further clarification or have further instructions, please contact me at 336-859-
4460 or at [e-mail]. Thank you for your assistance in these matters.
Sincerely,
B. Branch
Town Of Denton
Collection System ORC
Enclosures— Capital Improvement Plan
Sewer Use Ordinance
Contingency Plan for Pump Failure

FIVE YEAR CAPITAL IMPROVEMENT PLAN
CAPITAL OUTLAY
WWTP FY'19 FY'20 FY'21 FY '22 FY'23
Repair of Oxidation Ditch#1
1 (Engineering Required) $ 25,000 $ 175,000 $0 $0 $0
2 Grit Removal and Debris Collection $ 25,000 $ 50,000 $0 $0 $0
Automated Return Activated Sludge
3 (R.A.S.) Pump Station $ 25,000 $ 50,000 $ 50,000 $ 50,000 $0
Influent Pump Station Suction Piping
4 Retro-Fitted $ 25,000 $0 $0 $0 $0
Office Building Repair(i.e. Plumbing,
5 Roof, Guttering, HVAC) $ 20,000 $0 $0 $0 $ 10,000
6 Basic Pickup Truck $ 23,000 $0 $0 $0 $0
Pump Capacity
Gorman Rupp Sewer Pump
7 Replacement $ 15,000 $0 $0 $0 $0
Wastewater Collection System
Sewer Service Line Camera and Repair
8 (Contracted) $ 50,000 $ 25,000 $0 $0 $0
Water Distribution System
9 Hydrant Replacements $ 15,000 $ 15,000 $ 15,000 $ 15,000 $0
Valve Replacements for Main Trunk
10 Line (16 inch) $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000
Valve Replacements for in Town
11 Valves(4,6,8,10, &12 inch) $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000
I

CAPITAL OUTLAY
Public Works-Water&Sewer FY'19 FY'20 FY'21 FY'22 FY'23
Replace Mack Dump Truck(Heavy
12 Duty Tandum) $ 44,000 $0 $0 $0 $0
Replace ford Dump Truck(Light Duty
13 Truck) $ 15,000 $0 $0 $0 $0
Emergency Generator for Public
14 Works Building $ 10,000 $0 $0 $0 $0
Water Treatment Plant
15 Alum Sludge Containment Area $ 25,000 $ 50,000 $0 $0 $0
16 Telemetry for Both Water Tanks $ 15,000 $0 $0 $0 $0
Total Capital Outlay Expenditures-
Water/Sewer $397,000 $430,000 $130,000 $130,000 $75,000
Sources of Funds Water and Sewer
Impact Fees $0 $0 $0 $0 $0
Grants $0 $0 $0 $0 $0
Loans $0 $0 $0 $0 $0
Capital funding Required From Rates $ 397,000 $ 430,000 $ 130,000 $ 130,000 $ 75,000
Total Funding Sources $397,000 $430,000 $130,000 $130,000 $75,000

CAPITAL OUTLAY
Government Buildings FY'19 FY'20 FY'21 FY'22 FY'23
Town Hall Space Needs HVAC, Lighting
17 & Professional Services $10,000 $0 $0 $0 $0
18 Emergency Generator for Town Hall $10,000
Parks and Recreation
Harrison Park Handicapped
19 Bathrooms&Parking $50,000 $49,875 $0 $0 $0
Police Department
Security Cameras at Major
20 Intersections $ 11,000 $0 $11,000 $0 $11,000
21 New Patrol Car $0 $ 24,100 $0 $ 24,100 $0
Fire Department
22 Replace 1987 Pumper $0 $ 65,000 $ 65,000 $ 65,000 $ 65,000
Public Works-General Fund
23 Replace Tyco Street Sweeper $ 30,000 $0 $0 $0 $0
Total Capital Outlay Expenditures-
General Fund $101,000 $148,975 $76,000 $89,100 $76,000
Source for Funds-General Fund
Match for PARTF Grant $50,000 $49,875 $0 $0 $0
Loans-Fire Pumper Truck $0 $ 65,000 $ 65,000 $ 65,000 $ 65,000
Capital Funding Required From Town $ 51,000 $ 34,100 $11,000 $ 24,100 $11,000
Total Funding Sources $101,000 $ 148,975 $ 76,000 $ 89,100 $ 76,000

RECEIVED/DENR/DWR
JAN 0 3 2012
Water Resources
Permitting Section
Sewer Use Ordinance
(SUO)
(updated November 30, 2012)
Filename:Model Sewer Use Ordinace Updated Nov 30 2012 MOST RECENT.docx Page 1 of 34

SUO
TABLE OF CONTENTS
Page#
SECTION 1 -GENERAL PROVISIONS
1.1 Purpose and Policy 2
1.2 Definitions and Abbreviations 2
SECTION 2-GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards 10
2.2 National Categorical Pretreatment Standards 11
2.3 Local Limits 12
2.4 State Requirements 12
2.5 Right of Revision 12
2.6 Dilution 12
2.7 Pretreatment of Wastewater 12
2.8 Accidental Discharge/Slug Control Plans 13
2.9 Hauled Wastewater 13
SECTION 3 -FEES
3.1 Purpose 15
3.2 User Charges 15
3.3 Surcharges 15
3.4 Pretreatment Program Administration Charges 15
SECTION 4- WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers 16
4.2 Wastewater Permits 16
SECTION 5-REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports 20
5.2 Compliance Schedule Progress Reports 20
5.3 Reports on Compliance with Categorical Pretreatment Standard Deadline 21
5.4 Periodic Compliance Reports 21
5.5 Reports of Changed Conditions 21
5.6 Reports of Potential Problems 22
5.7 Reports from Unpern fitted Users 22
5.8 Notice of Violation/Repeat Sampling and Reporting 22
5.9 Notification of the Discharge of Hazardous Waste 22
5.10 Analytical Requirements 23
5.11 Sample Collection 23
5.12 Timing 24
5.13 Record Keeping 24
SECTION 6-COMPLIANCE MONITORING
6.1 Monitoring Facilities 25
6.2 Inspection and Sampling 25
6.3 Search Warrants 25
SECTION 7-CONFIDENTIAL INFORMATION 26
SECTION 8-ENFORCEMENT
8.1 Administrative Remedies 27
8.2 Civil Penalties 28
8.3 Other Available Remedies 29
8.4 Remedies Nonexclusive 29
SECTION 9- ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE 30
SECTION 10-ADJUDICATORY HEARINGS 31
SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
11.1 Upset 32
11.2 Prohibited Discharge Standards Defense 32
11.3 Bypass 32
SECTION 12-SEVERABILITY 33
SECTION 13 -CONFLICT 33
SECTION 14-EFFECTIVE DATE 34
Filename:Model Sewer Use Ordinace Undated Nov 30 2012 MOST RECENT.docx Page 2 of 34

SECTION 1-GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and
treatment system for the Town of Denton, hereafter referred to as the Town,and enables the Town to comply with
all applicable State and Federal laws,including,the Clean Water Act(33 United States Code §1251 et seq.)and the
General.Pretreatment Regulations(40 CFR,Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater
system which will interfere with the operation of the system or contaminate the resulting sludge;
(b) To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater
system which will pass through the system, inadequately treated, into any waters of the State or
otherwise be incompatible with the system;
(c) To promote reuse and recycling of industrial wastewater and sludges from the municipal system;
(d) To protect both municipal personnel who may be affected by sewage, sludge,and effluent in the
course of their employment as well as protecting the general public;
(e) To provide for equitable distribution of the cost of operation,maintenance and improvement of the
municipal wastewater system;and
(f) To ensure that the municipality complies with its NPDES or Non-discharge Permit conditions,
sludge use and disposal requirements and any other Federal or State laws to which the municipal
wastewater system is subject.
This ordinance provides for the regulation of direct and indirect contributors to the municipal wastewater system,
through the issuance of permits to certain non-domestic users and through enforcement of general requirements for
the other users,authorizes monitoring and enforcement activities,requires user reporting and provides for the setting
of fees for the equitable distribution of costs resulting from the program established herein.
This ordinance shall apply to all users of the municipal wastewater system, as authorized by N.C.G.S. 160A-312
and/or 153A-275. The Town shall designate an administrator of the Publicly Owned Treatment Works or POTW and
pretreatment program hereafter referred to as the POTW Director. Except as otherwise provided herein,the POTW
Director shall administer,implement and enforce the provisions of this ordinance. Any powers granted to or imposed
upon the POTW Director may be delegated by the POTW Director to other Town personnel.
By discharging wastewater into the Town wastewater system,industrial users located outside the Town limits agree
to comply with the terms and conditions established in this Ordinance,as well as any permits,enforcement actions,
or orders issued hereunder.
1.2 Definitions and Abbreviations
(a) Unless the context specifically indicates otherwise,the following terms and phrases,as used in this
ordinance,shall have the meanings hereinafter designated:
(1) Act or"the Act". The Federal Water Pollution Control Act,also known as the Clean Water
Act,as amended, 33 U.S.C. §1251,et seq.
(2) Approval Authority. The Director of the Division of Water Resources of the North
Carolina Department of Environment and Natural Resources or his designee.
(3) Authorized Representative of the Industrial User.
(i) If the industrial user is a corporation,authorized representative shall mean:
(A) the president,secretary,or a vice-president of the corporation in charge
of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation,or
(B) the manager of one or more manufacturing, production, or operation
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
Filename:Model_Sewer Use Ordinace Updated Nov 30 2012 MOST RECENT.docx Page 3 of 34

recommendations, and initiate and direct comprehensive measures to
assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(ii) If the industrial user is a partnership or sole proprietorship, an authorized
representative shall mean a general partner or the proprietor,respectively.
(iii) If the industrial user is a Federal,State or local government facility,an authorized
representative shall mean a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government facility,
or their designee.
(iv) The individuals described in paragraphs i-iii above may designate another
authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the
facility from which the discharge originates or having overall responsibility for
environmental matters for the company,and the written authorization is submitted
to the Town.
v) If the designation of an authorized representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the
facility, or overall responsibility for environmental matters for the company, a
new authorization satisfying the requirements of this section must be submitted to
POTW Director prior to or together with any reports to be signed by an authorized
representative.
(4) Biochemical Oxygen Demand(BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five(5)days at 20°
centigrade,usually expressed as a concentration(e.g.mg/1).
(5) Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW.
(6) Bypass. The intentional diversion of waste streams from any portion of a user's treatment
facility.
(7) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment
Standard.
(8) Control Authority. Refers to the POTW organization if the POTW organization's
Pretreatment Program approval has not been withdrawn.
(9) Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency,
or where appropriate the term may also be used as a designation for the Administrator or
other duly authorized official of said agency.
(10) Grab Sample. A sample which is taken from a waste stream on a one-time basis without
regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
(11) Holding Tank Waste. Any waste from holding tanks, including but not limited to such
holding tanks as vessels,chemical toilets,campers,trailers,septic tanks,and vacuum-pump
tank trucks.
(12) Indirect Discharge or Discharge. The discharge or the introduction from any nondomestic
source regulated under section 307(b), (c), or(d) of the Act, (33 U.S.C. 1317), into the
POTW including holding tank waste discharged into the system
(13) Industrial User or User.Any person which is a source of indirect discharge.
(14) Interference. The inhibition, or disruption of the POTW collection system, treatment
processes,operations, or its sludge process, use,or disposal, which causes or contributes
to a violation of any requirement of the Control Authority's(and/or POTW's,if different
from the Control Authority) NPDES, collection system, or Non-discharge Permit or
prevents sewage sludge use or disposal in compliance with specified applicable State and
Federal statutes, regulations,or permits. The term includes prevention of sewage sludge
use or disposal by the POTW in accordance with section 405 of the Act, (33 U.S.C. 1345)
Filename Model Sewer Use Ordinace Undated Nov 30 2012 MOST RECENT.docx Pane 4 of 34

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 state
criteria(including those contained in any State sludge management plan prepared pursuant
to Title IV of SWDA)applicable to the method of disposal or use employed by the POTW.
(15) Medical Waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes,sharps,body parts,contaminated bedding,surgical wastes,potentially
contaminated laboratory wastes,and dialysis wastes.
(16) National Categorical Pretreatment Standard or Categorical Standard. Any regulation
containing pollutant discharge limits promulgated by EPA in accordance with sections
307(b) and (c) of the Act (33 U.S.C. §13 17) which applies to a specific category of
industrial users,and which appears in 40 CFR Chapter 1,Subchapter N,Parts 405-471.
(17) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in
section 12.11 of this ordinance and are developed under the authority of 307(b)of the Act
and 40 CFR,section 403.5.
(18) New Source.
(1) 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.
(2) 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(1)(B)or
(C)above but otherwise alters,replaces,or adds to existing process or production
equipment.
(3) 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 placement,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.
Filename:Model_Sewer Use Ordinace Updated Nov 30 2012 MOST RECENT.docx Page 5 of 34
l

(19) Noncontact Cooling Water.Water used for cooling which does not come into direct contact
with any raw material,intermediate product,waste product,or finished product.
(20) National Pollution Discharge Elimination System, or NPDES, Permit. A permit issued
pursuant to section 402 of the Act(33 U.S.C. §1342),or pursuant to N.C.G.S. 143-215.1
by the State under delegation from EPA.
(21) Non-discharge Permit. A permit issued by the State pursuant to G.S. 143-215.1(d) for a
waste which is not discharged directly to surface waters of the State or for a wastewater
treatment works which does not discharge directly to surface waters of the State.
(22) Pass Through. A discharge which exits the POTW into waters of the State in quantities or
concentrations which, alone or with discharges from other sources, causes a violation,
including an increase in the magnitude or duration of a violation,of the Control Authority's
(and/or POTW"s, if different from the Control Authority) NPDES, collection system, or
Non-discharge Permit or a downstream water quality standard even if not included in the
permit.
(23) Person. Any individual, partnership, co-partnership, firm, company, corporation,
association,joint stock company,trust,estate,governmental entity or any other legal entity,
or their legal representatives,agents or assigns. This definition includes all Federal, State,
and local government entities.
(24) pH. A measure of the acidity or alkalinity of a substance,expressed as standard units,and
calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen
ions expressed in grams per liter of solution
(25) Pollutant. Any"waste"as defined in N.C.G.S. 143-213(18)and dredged spoil,solid waste,
incinerator residue,sewage,garbage,sewage sludge,munitions,medical wastes,chemical
wastes,biological materials,radioactive materials,heat,wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste and certain
characteristics of wastewater(e.g., pH, temperature, TSS, turbidity, color, metals, BOD,
COD,toxicity,and odor).
(26) POTW Director. The Town administrator design ed with the responsibility for the
pretreatment program and enforcement of this Sewer Use Ordinance.
(27) POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
(28) Pretreatment. The reduction of the amount of pollutants,the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to or in lieu of
discharging or otherwise introducing such pollutants into a POTW collection system and/or
treatment plant. The reduction or alteration may be obtained by physical, chemical, or
biological processes,or process changes or other means,except as prohibited by 40 CFR
Part 403.6(d).
(29) Pretreatment Program The program for the control of pollutants introduced into the
POTW from non-domestic sources which was developed by the[Town]in compliance with
40 CFR 403.8 and approved by the approval authority as authorized by N.C.G.S. 143-
215.3(a)(14)in accordance with 40 CFR 403.11.
(30) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment,other than a pretreatment standard.
(31) Pretreatment Standard. Any prohibited discharge standard, categorical standard,or local
limit which applies to an industrial user.
(32) Publicly Owned Treatment Works(POTW)or Municipal Wastewater System. A treatment
works as defined by section 212 of the Act, (33 U.S.C. §1292) which is owned in this
instance by the Town. This definition includes any devices or systems used in the
collection,storage,treatment,recycling,and reclamation of municipal sewage or industrial
wastes of a liquid nature.It also includes sewers,pipes,and other conveyances only if they
convey wastewater to the POTW treatment plant. For the purposes of this ordinance,
"POTW"shall also include any sewers that convey wastewaters to the POTW from persons
outside the Town who are,by contract or agreement with the Town,or in any other way,
users of the POTW of the Town.
Filename:Model Sewer Use Ordinace Updated Nov 30 2012 MOST RECENT.docx Page 6 of 34

(33) Severe Property Damage. Substantial physical damage to property,damage to the user's
treatment facilities which causes them to become inoperable,or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
(34) Significant Industrial User or SIU. An industrial user that discharges wastewater into a
publicly owned treatment works and that:
(A) Discharges an average of 25,000 gallons per day or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewaters);or
(B) contributes process wastewater which makes up five percent or more of the
NPDES or Non-discharge permitted flow limit or organic capacity of the POTW
treatment plant. In this context, organic capacity refers to BOD, TSS, and
Ammonia;or
(C) is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40
CFR chapter I, Subchapter N,Parts 405-471;or
(D) is designated as such by the Control Authority on the basis that the industrial user
has a reasonable potential for adversely affecting the POTWs operation, or for
violating any Pretreatment Standard or requirement, or for contributing to
violations of the POTW's effluent limitations and conditions in its NPDES or non-
discharge permit,or for contributing to violations of the POTW's receiving stream
standard,or for limiting the POTW's sludge disposal options.
(E) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraphs
(A)and(B)above has no reasonable potential for adversely affecting the POTWs
operation or for violating any Pretreatment Standards or requirement, or for
contributing to violations of the POTW's effluent limitations and conditions in its
NPDES or non-discharge permit,or for contributing to violations of the POTW's
receiving stream standard, or for limiting the POTW's sludge disposal options,
and thus is not a Significant Industrial User.
(F) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph
(C)above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a Non-
Significant Categorical Industrial User.
(G) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph
(C) above meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a
Middle Tier Significant Industrial User. Sampling and inspection requirements
may be cut in half as per 40 CFI(Parts 403.8(f)(2)(v)(C).and 403.12(e)(3).
(35) Significant Noncompliance or SNC is the status of noncompliance of a Significant
Industrial User when one or more of the following criteria are met. Additionally, any
Industrial User which meets the criteria in Subparagraph(a)(35),Parts(C),(D),or(H)shall
also be SNC.
(A) Chronic violations of wastewater discharge limits,defined here as those in which
sixty-six(66)percent or more of all the measurements taken for the same pollutant
parameter (not including flow) during a six month period exceed (by any
magnitude) a numeric Pretreatment Standard or Requirement including
instantaneous limits,as defined by 40 CPR Part 403.3(1);
(B) Technical Review Criteria(TRC)violations,defined here as those inwhichthirty-
three (33)percent or more of all the measurements taken for the same pollutant
parameter during a six-month period equal or exceed the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits,as defined
by 40 CFR Part 403.3(1)multiplied by the applicable TRC;(TRC= 1.4 for BOD,
TSS,fats,oil and grease, 1.2 for all other pollutants(except flow and pH);
(C) Any other violation of a Pretreatment Standard or Requirement as defined by 40
Filename- Mndel Sewer The ardinaee Iinflated Nov 10 701? MOST RF(FNT rinrx Noe.7 of�4

CFR Part 403.3(1) (daily maximum, long-term average, instantaneous limit, or
narrative standard) that the Control Authority and/or POTW determines has
caused, alone or in combination with other discharges, interference or pass
through (including endangering the health of POTW personnel or the general
public);
(D) Any discharge of a pollutant or wastewater that has caused imminent
endangerment to human health,welfare or to the environment or has resulted in
either the Control Authority's or the POTW s, if different from the Control
Authority, exercise of its emergency authority under 40 CFR Part
403.8(f)(1)(viXB) and Section 8.1(e) of this SUO to halt or prevent such a
discharge;
(E) Violations of compliance schedule milestones,contained in a pretreatment permit
or enforcement order, for starting construction, completing construction, and
attaining final compliance by 90 days or more after the schedule date.
(F) Failure to provide reports for compliance schedule,self-monitoring data baseline
monitoring reports, 90-day compliance reports, and periodic compliance reports
45 days from the due date.
(G) Failure to accurately report noncompliance.
(H) Any other violation or group of violations that the Control Authority and/or
POTW determines will adversely affect the operation or implementation of the
local pretreatment program.
(36) Slug Load or Discharge. Any discharge at a flow rate or concentration which has a
reasonable potential to cause Interference or Pass-Through,or in any other way violates
the POTW's regulations, local limits, or Industrial User Permit conditions. This can
include but is not limited to spills and other accidental discharges; discharges of a non-
routine,episodic nature;a non-customary batch discharge;or any other discharges that can
cause a violation of the prohibited discharge standards in section 2.1 of this ordinance.
(37) Standard Industrial Classification (SIC). A classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President,Office of
Management and Budget, 1987.
(38) Storm Water. Any flow occurring during or following any form of natural precipitation
and resulting there from.
(39) Suspended Solids. The total suspended matter that floats on the surface of,or is suspended
in,water,wastewater or other liquids,and which is removable by laboratory filtering.
(40) Upset. An exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include noncompliance to the extent
caused by operational error,improperly designed treatment facilities,inadequate treatment
facilities,lack of preventive maintenance,or careless or improper operation
(41) Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, mobile sources, treatment facilities and
institutions, together with any groundwater, surface water, and storm water that may be
present,whether treated or untreated,which are contributed into or permitted to enter the
POTW.
(42) Wastewater Permit. As set forth in section 4.2 of this ordinance.
(43) Waters of the State. All streams,and all other bodies or accumulations of water, surface
or underground, natural or artificial, public or private, which are contained within, flow
through,or border upon the State or any portion thereof.
(b) This ordinance is gender neutral and the masculine gender shall include the feminine and vice-versa.
(c) Shall is mandatory;may is permissive or discretionary.
(d) The use of the singular shall be construed to include the plural and the plural shall include the
singular as indicated by the context of its use.
(e) The following abbreviations when used in this ordinance,shall have the designated meanings:
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(1) BOD Biochemical Oxygen Demand
(2) CFR Code of Federal Regulations
(3) COD Chemical Oxygen Demand
(4) EPA Environmental Protection Agency
(5) gpd Gallons per day
(6) 1 Liter
(7) mg Milligrams
(8) mg/1 Milligrams per liter
(9) N.C.G.S. North Carolina General Statutes
(10) NPDES National Pollution Discharge Elimination System
(11) 0&M Operation and Maintenance
(12) POTW Publicly Owned Treatment Works
(13) RCRA Resource Conservation and Recovery Act
(14) SIC Standard Industrial Classification
(15) SWDA Solid Waste Disposal Act
(16) TSS Total Suspended Solids
(17) TKN Total Kjeldahl Nitrogen
(18) U.S.0 United States Code.
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SECTION 2-GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
(a) General Prohibitions. No user shall contribute or cause to be contributed into the POTW,directly
or indirectly,any pollutant or wastewater which causes interference or pass through.These general
prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or
subject to any National,State,or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW the
following pollutants,substances,or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW,including,but not limited
to, waste streams with a closed cup flasbpoint of less than 140°F (60°C) using the test
methods specified in 40 CFR 261.21.
(2) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in interference but in no case solids greater than one half inch(1/2")in
any dimension.
3 Petroleum oil,nonbiodegradable cutting oil, or products of mineral oil origin,in amounts
that will cause interference or pass through
(4) Any wastewater having a pH less than 5.0 or more than 21.0 or wastewater having any
other corrosive property capable of causing damage to the POTW or equipment.
(5) Any wastewater containing pollutants, including oxygen-demanding pollutants, (BOD,
etc)in sufficient quantity,(flow or concentration)either singly or by interaction with other
pollutants,to cause interference with the POTW.
(6) Any wastewater having a temperature greater than 150°F (66° C), or which will inhibit
biological activity in the POTW treatment plant resulting in Interference,but in no case
wastewater which causes the temperature at the introduction into the treatment plant to
exceed 104°F(40°C).
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW
Director in accordance with section 2.9 of this ordinance.
(9) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either
singly or by interaction with other wastes, are sufficient to create a public nuisance or
hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(10) Any substance which may cause the POTW's effluent or any other product of the POTW
such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to
interfere with the reclamation process. In no case, shall a substance discharged to the
POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or
permits issued under section 405 of the Act;the Solid Waste Disposal Act,the Clean Air
Act, the Toxic Substances Control Act, or State criteria applicable to the sludge
management method being used.
(11) Any wastewater which imparts color which cannot be removed by the treatment process,
including, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts sufficient color to the treatment plant's effluent to render the waters
injurious to public health or secondary recreation or to aquatic life and wildlife or to
adversely affect the palatability of fish or aesthetic quality or impair the receiving waters
for any designated uses.
(12) Any wastewater containing any radioactive wastes or isotopes except as specifically
approved by the POTW Director in compliance with applicable State or Federal
regulations.
(13) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage,swimming pool drainage,condensate,deionized water,noncontact cooling water
and unpolluted industrial wastewater, unless specifically authorized by the POTW
Director.
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(14) Fats,oils,or greases of animal or vegetable origin in concentrations greater than 200 mg/1
unless authorized by the POTW Director.
(15) Any sludges,screenings or other residues from the pretreatment of industrial wastes.
(16) Any medical wastes, except as specifically authorized by the POTW Director in a
wastewater discharge permit.
(17) Any material containing ammonia, ammonia salts, or other chelating agents which will
produce metallic complexes that interfere with the municipal wastewater system.
(18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if
not disposed of in a sewer except as may be specifically authorized by the POTW Director.
(19) Any wastewater causing the treatment plant effluent to violate State Water Quality
Standards for toxic substances as described in 15A NCAC 2B .0200.
(20) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test.
(21) Recognizable portions of the human or animal anatomy.
(22) Any wastes containing detergents, surface active agents, or other substances which may
cause excessive foaming in the municipal wastewater system.
(23) At no time, shall two successive readings on an explosion hazard meter, at the point of
discharge into the system(or at any point in the system)be more than five percent(5%)
nor any single reading over ten percent(10%) of the lower explosive limit(LEL) of the
meter.
Pollutants,substances,wastewater,or other wastes prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains
located in process or materials storage areas must discharge to the industrial user's pretreatment facility
before connecting with the system.
When the POTW 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 POTW 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 POTW 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 POTW Director shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(c) A user may obtain a variance from a categorical pretreatment standard if the user can prove,pursuant
to the procedural and substantive provisions in 40 CPR 403.13,that factors relating to its discharge
are fundamentally different from the factors considered by EPA when developing the categorical
pretreatment standard.
(d) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15.
(e) A user may request a removal credit adjustment to a categorical standard in accordance with 40 CFR
403.7.
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2.3 Local Limits
An industrial waste survey is required prior to a User discharging wastewater containing in excess of the following
average discharge limits.
BOD 250 mg/1
TSS 250 mg/1
NH3 25 mg/1
Arsenic 0.003 mg/1
Cadmium 0.003 mg/1
Chromium 0.05 mg/1 (total chromium)
Copper 0.061 mg/1
Cyanide 0.015 , mg/1
Lead 0.049 mg/1
Mercury 0.0003 mg/1
Nickel 0.021 mg/1
Silver 0.005 mg/I
Zinc 0.175 mg/1
Industrial Waste Survey information will be used to develop user-specific local limits when necessary to ensure that
the POTW's maximum allowable headworks loading are not exceeded for particular pollutants of concern. User-
specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The POTW Director
may impose mass based limits in addition to,or in place of concentration based limits.
2.4 State Requirements
State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal
requirements and limitations or those in this ordinance.
2.5 Right of Revision
The[Town]reserves the right to establish limitations and requirements which are more stringent than those required
by either State or Federal regulation if deemed necessary to comply with the objectives presented in section 1.1 of this
ordinance or the general and specific prohibitions in section 2.1 of this ordinance,as is allowed by 40 CFR 403.4.
2.6 Dilution
No user shall ever increase the use of process water or,in any way,attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations contained in the National categorical
pretreatment standards,unless expressly authorized by an applicable pretreatment standard,or in any other pollutant-
specific limitation developed by the Town or State.
2.7 Pretreatment of Wastewater
(a) Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and wastewater
permits issued under section 4.2 of this ordinance and shall achieve compliance with all National
categorical pretreatment standards, local limits, and the prohibitions set out in section 2.1 of this
ordinance within the time limitations as specified by EPA, the State, or the POTW Director,
whichever is more stringent. Any facilities necessary for compliance shall be provided,operated,
and maintained at the user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the Town for review,and shall be approved by the POTW
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 Town under the provisions of this ordinance. Any subsequent changes
in the pretreatment facilities or method of operation shall be reported to and be approved by the
POTW Director prior to the user's initiation of the changes.
(b) Additional Pretreatment Measures
(1) Whenever deemed necessary, the POTW 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
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to protect the POTW and determine the user's compliance with the requirements of this
ordinance.
(2) The POTW Director may require any person discharging into the POTW to install and
maintain,on their property and at their expense,a suitable storage and flow-control facility
to ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the POTW
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 interception units shall be of type and capacity approved by the
POTW 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.
(4) Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
2.8 Accidental Discharge/Slug Control Plans
(a) The POTW Director shall evaluate whether each significant industrial user needs a plan or other
action to control and prevent slug discharges and accidental discharges as defined in Section 1.2(a)
(36). All SIUs must be evaluated within one year of being designated an SIU. The POTW Director
may require any user to develop,submit for approval,and implement such a plan or other specific
action. Alternatively,the POTW Director may develop such a plan for any user.
(b) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge,discharge of a non-routine,episodic nature,a non-
customary batch discharge,or a slug load. Also see Sections 5.5 and 5.6.
(c) An accidental discharge/slug control plan shall address,at a minimum,the following:
(1) Description of discharge practices,including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW Director of any accidental or slug
discharge,as required by section 5.6 of this ordinance;and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials,loading and unloading operations,control of plant site
runoff, worker training, building of containment structures or equipment, measures for
containing toxic organic pollutants,including solvents,and/or measures and equipment for
emergency response.
2.9 Hauled Wastewater
(a) Septic tank waste may be introduced into the POTW only at locations designated by the POTW
Director,and at such times as are established by the POTW Director. Such waste shall not violate
section 2 of this ordinance or any other requirements established by the Town. The POTW Director
may require septic tank waste haulers to obtain wastewater discharge permits.
(b) The POTW Director shall require haulers of industrial waste to obtain wastewater discharge permits.
The POTW Director may require generators of hauled industrial waste to obtain wastewater
discharge permits. The POTW Director also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all other requirements of this ordinance.
(c) Industrial waste haulers may discharge loads only at locations designated by the POTW Director.
No load may be discharged without prior consent of the POTW Director. The POTW Director may
collect samples of each hauled load to ensure compliance with applicable standards. The POTW
Director may require the industrial waste hauler to provide a waste analysis of any load prior to
discharge.
(d) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include,
at a minimum, the name and address of the industrial waste hauler, permit number, truck
identification, names and addresses of sources of waste, and volume and characteristics of waste.
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The form shall identify the type of industry, known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
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SECTION 3-FEES
3.1 Purpose
It is the purpose of this chapter to provide for the recovery of costs from users of the wastewater disposal system of
the[Town]for the implementation of the program established herein. The applicable charges or fees shall be set forth
in a schedule of sewer use charges and fees by the POTW Director and approved by the Town Board. A copy of these
charges and fees will be made available from the POTW Director.
3.2 User Charges
A user charge shall be levied on all users including,but not limited to,persons,firms,corporations or governmental
entities that discharge,cause or permit the discharge of sewage into the POTW.
(a) The user charge shall reflect,at least,the cost of debt service,operation and maintenance(including
replacement)of the POTW.
(b) Each user shall pay its proportionate cost based on volume of flow.
(c) The Manager of the Town shall review annually the sewage contributions of users,the total costs of
debt service, operation and maintenance of the POTW and will make recommendations to the
Council or Board serving the Town for adjustments in the schedule of charges and fees as necessary.
(d) Charges for flow to the POTW not directly attributable to the users shall be distributed among all
users of the POTW based upon the volume of flow of the users.
3.3 Surcharges: The amount of the surcharges will be based upon the volume of flow and the character and
concentration of the constituents of the wastewater:
(a) The volume of flow used in determining the total discharge of wastewater for payment of user
charges and surcharges shall be based on the following:
(1) Metered water consumption as shown in the records of meter readings maintained by the
Town;or
(2) If required by the Town or at the individual discharger's option, other flow monitoring
devices which measure the actual volume of wastewater discharged to the sewer. Such
devices shall be accessible and safely located,and the measuring system shall be installed
in accordance with plans approved by the Town. The metering system shall be installed
and maintained at the user's expense according to arrangements that may be made with the
Town.
(3) Where any user procures all or part of his or her water supply from sources other than the
Town,the user shall install and maintain at his or her own expense a flow measuring device
of a type approved by the Town
(b) The character and concentration of the constituents of the wastewater used in determining
surcharges shall be determined by samples collected and analyzed by the Town. Samples shall be
collected in such a manner as to be representative of the actual discharge and shall be analyzed using
procedures set forth in 40 CFR Part 136.
(c) The determination of the character and concentration of the constituents of the wastewater discharge
by the POTW Director or his duly appointed representatives shall be binding as a basis for charges.
3.4 Pretreatment Program Administration Charges
The schedule of charges and fees adopted by the Town may include charges and fees for:
(a) reimbursement of costs of setting up and operating the Pretreatment Program;
(b) monitoring,inspections and surveillance procedures;
(c) reviewing slug control plans, including accidental and/or slug load discharge procedures and
construction plans and specifications;
(d) permitting;
(e) other fees as the Town may deem necessary to carry out the requirements of the Pretreatment
Program.
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SECTION 4-WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers
It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the
Town. When requested by the POTW Director, a user must submit information on the nature and characteristics of
its wastewater within thirty (30) days of the request. The POTW 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 discharge
to the POTW. Existing industrial users who are determined by the POTW Director to be significant industrial users
shall obtain a significant industrial user permit within 180 days of receiving notification of the POTW Director's
determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the POTW
Director be required to obtain a wastewater discharge permit for non-significant industrial users.
(a) Significant Industrial User Determination
All persons proposing to discharge non-domestic wastewater,or proposing to change the volume or
characteristics of an existing discharge of non-domestic wastewater shall request from the POTW
Director a significant industrial user determination. If the POTW 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 Town,
an application in the form prescribed by the POTW Director,and accompanied by an application
fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall
apply for a significant industrial user permit within 90 days after notification of the POTW Director's
determination in 4.2(a)above. The application shall include at a minimum:
(A) name of industrial user,
(B) address of industrial user,
(C) standard industrial classification (SIC) code(s) or expected classification and
industrial user category;
(D) wastewater flow;
(E) types and concentrations(or mass)of pollutants contained in the discharge;
(F) major products manufactured or services supplied;
(G) description of existing on-site pretreatment facilities and practices;
(H) locations of discharge points;
(I) raw materials used or stored at the site;
(J) flow diagram or sewer map for the industrial user,
(K) number of employees;
(L) operation and production schedules;and
(M) description of current and projected waste reduction activities in accordance with
G.S. 143-215.1(g);
(c) Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by the current
authorized representative of the user on file with the Control Authority and/or Municipality as
defined in Section 1.2(a)(3)and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is,to the best of my knowledge and belief,true,accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.,,
(d) Application Review and Evaluation
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The POTW Director will evaluate the data furnished by the user and may require additional
information.
(1) The POTW Director is authorized to accept applications for the Town and shall refer all
applications to the POTW staff for review and evaluation.
(2) Within 30 days of receipt the POTW 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 POTW staff shall conduct a review of the application and an on-site inspection of the
significant industrial user,including any pretreatment facilities,and shall prepare a written
evaluation and tentative determination to issue or deny the significant industrial user
permit.
(2) If the staffs tentative determination in Paragraph (1) above is to issue the permit, the
following additional determinations shall be made in writing:
(A) proposed discharge limitations for those pollutants proposed to be limited;
(B) a proposed schedule of compliance,including interim dates and requirements,for
meeting the proposed limitations;and
(C) a brief description of any other proposed special conditions which will have
significant impact upon the discharge described in the application.
(3) The staff shall organize the determinations made pursuant to Paragraphs(1)and(2)above
and the general permit conditions of the Town into a significant industrial user permit.
(f) Permit supporting documentation. The Control Authority staff shall prepare the following
documents for all Significant Industrial User permits.
(1) An allocation table (AT) listing permit information for all Significant Industrial Users,
including but not limited to permit limits, permit effective and expiration dates, and a
comparison of total permitted flows and loads with Division approved maximum allowable
loadings of the POTW,including flow,on forms or in a format approved by the Division.
The AT shall be updated as permits are issued or renewed, and as permits are modified
where the permitted limits or other AT information is revised.
(2) The basis,or rationale,for the pretreatment limitations,including the following:
(A) documentation of categorical determination, including documentation of any
calculations used in applying categorical pretreatment standards;and
(B) documentation of the rationale of any parameters for which monitoring has been
waived under 40 CFR Part 403.12(e)(2).
(g) Final Action on Significant Industrial User Permit Applications
(1) The POTW Director shall take final action on all applications not later than 90 days
following receipt of a complete application.
(2) The POTW Director is authorized to:
(A) issue a significant industrial user permit containing such conditions as are
necessary to effectuate the purposes of this ordinance and N.C.G.S. 143-215.1;
(B) issue a significant industrial user permit containing time schedules for achieving
compliance with applicable pretreatment standards and requirements;
(C) modify any permit upon not less than 60 days notice and pursuant to section
[4.2(i)]of this ordinance;
(D) revoke any permit pursuant to section 8.1 of this ordinance;
(E) suspend a permit pursuant to section 8.1 of this Ordinance;
(F) deny a permit application when in the opinion of the POTW 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 G.S.
143-215.1.
(h) Permit Modification
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(1) Modifications of permits shall be subject to the same procedural requirements as the
issuance of permits except as listed below. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(A) changes in the ownership of the discharge when no other change in the permit is
indicated,
(B) a single modification of any compliance schedule not in excess of four months,
(C) modification of compliance schedules(construction schedules)in permits for new
sources where the new source will not begin to discharge until control facilities
are operational.
(2) Within 9 months of the promulgation of a National categorical pretreatment standard,the
wastewater discharge permit of users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribed by such standard. Where
a user,subject to a National categorical pretreatment standard,has not previously submitted
an application for a wastewater discharge permit as required by section 4.2(b), the user
shall apply for a wastewater discharge permit within 180 days after the promulgation of
the applicable National categorical pretreatment standard.
(3) A request fora modification by the penmittee shall constitute a waiver of the 60-day notice
required b G.S. 143-215.1 for modifications.
�l y (�)
(i) Permit Conditions
(1) The POTW 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 permits shall contain,but are not limited to,the following:
(A) a statement of duration(in no case more than five years);
(B) a statement of non-transferability;
(C) applicable effluent limits based on categorical standards or local limits or both;
(D) applicable monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of pollutants to
be monitored, sampling location,sampling frequency,and sample type based on
Federal,State and local law;
(E) requirements for notifying the POTW in the event of an accidental discharge or
slug load as defined in Section 1.2(ax36);
(F) requirements to implement a Plan or other controls for prevention of accidental
discharges and/or slug loads as defined in Section 1.2(a)(36),if determined by the
POTW Director to be necessary for the User and,
(G) requirements for immediately notifying the POTW of any changes at its facility
affecting the potential for spills and other accidental discharges,or slug load as
defined in 1.2(a)(36). Also see Sections 5.5 and 5.6;
(H) a statement of applicable civil and/or 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:
(A) Limits on the average and/or maximum rate of discharge,and/or requirements for
flow regulation and equalization.
(B) Limits on the instantaneous, daily and/or monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants or
properties.
(C) Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, etc., designed to reduce, eliminate, or prevent
the introduction of pollutants into the treatment works.
(D) Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the municipal wastewater system.
(E) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the system.
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(F) Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(G) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for tests, and reporting
schedules.
(H) Requirements for immediate reporting of any instance of noncompliance and for
automatic resampling and reporting within thirty(30)days where self-monitoring
indicates a violation(s).
(I) Compliance schedules for meeting pretreatment standards and requirements.
(J) Requirements for submission of periodic self-monitoring or special notification
reports.
(K) Requirements for maintaining and retaining plans and records relating to
wastewater discharges as specified in section 5.13 and affording the POTW
Director,or his representatives,access thereto.
(L) Requirements for prior notification and approval by the POTW 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.
(M) Requirements for the prior notification and approval by the POTW Director of
any change in the manufacturing and/or pretreatment process used by the
permittee.
(N) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable Federal and State pretreatment
standards,including those which become effective during the terms of the permit.
(0) Other conditions as deemed appropriate by the POTW Director to ensure
compliance with this ordinance,and State and Federal laws,rules,and regulations.
(j) Permit Duration
Permits shall be issued for a specified time period, not to exceed five(5)years. A permit may be
issued for a period less than a year or may be stated to expire on a specific date.
(k) Permit Transfer
Wastewater permits are issued to a specific user for a specific operation. A wastewater discharge
permit shall not be reassigned or transferred or sold to a new owner,new user, different premises,
or a new or changed operation.
(1) Permit Reissuance
A significant industrial user shall apply for permit reissuance by submitting a complete permit
application in accordance with section 4.2 a minimum of 180 days prior to the expiration of the
existing permit.
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SECTION 5-REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports
(a) Within either one hundred eighty(180) days after the effective date of a categorical pretreatment
standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)
(4),whichever is later,existing categorical users currently discharging to or scheduled to discharge
to the POTW shall submit to the POTW 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 POTW 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 waste stream formula set out in 40 CFR
403.6(e).
(5) Measurement of Pollutants.
(A) The categorical pretreatment standards applicable to each regulated process.
(B) The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the POTW Director, of
regulated pollutants in the discharge from each regulated process. Instantaneous,
daily maximum,and long-term average concentrations,or mass,where required,
shall be reported. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in section 5.10 of this
ordinance.
(C) Sampling must be performed in accordance with procedures set out in section 5.11
r inane and 40 CFR 403.12(b)and including40 CFR 403.12(g)(4).
of this o d (g),
(6) Certification. A statement, reviewed by the user's current authorized representative as
defined in Section 1.2(a)(3) and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis,and,if not,whether additional
operation and maintenance(O&M)and/or additional pretreatment is required to meet the
pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards,the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in section 5.2 of this
ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified
in accordance with section 4.2(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:
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(a) The schedule shall contain progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards(such events include,but are not
limited to,hiring an engineer,completing preliminary and final plans,executing contracts for major
components, commencing and completing construction, and beginning and conducting routine
operation);
(b) No increment referred to above shall exceed nine(9)months;
(c) The user shall submit a progress report to the POTW 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 POTW
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 POTW 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(1 R 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
Municipalities may sample and analyze user discharges in lieu of requiring the users to conduct sampling and analysis.
(a) All significant industrial users shall, at a frequency determined by the POTW Director but in no
case less than once every six months, submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards and the applicable flows for
the reporting period. Sampling and analysis must be performed in accordance with procedures set
out in section 5.10 and 5.11 of this ordinance. All periodic compliance reports must be signed and
certified in accordance with section 4.2(c)of this ordinance.
(b) If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the POTW Director, using the procedures prescribed in section 5.10 and 5.11 of
this ordinance,the results of this monitoring shall be included in the report.
5.5 Reports of Changed Conditions
Each user must notify the POTW 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[thirty(30)]days before the change. The permittee
shall not begin the changes until receiving written approval from the Control Authority and/or Municipality. See
Section 5.6(d)for other reporting requirements.
(a) The POTW 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 POTW 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 or
pollutant increases of Twenty percent (20 %) or greater, and the discharge of any previously
unreported pollutants. increases or decreases to production; increases in discharge of previously
reported pollutants; discharge of pollutants not previously reported to the Control Authority and/or
Municipality; new or changed product lines; new or changed manufacturing processes and/or
chemicals;or new or changed customers.
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5.6 Reports of Potential Problems
(a) In the case of any discharge, including,but not limited to, accidental discharges, discharges of a
non-routine,episodic nature,a non-customary batch discharge,or a slug load as defined in Section
1.2(aX36),that may cause potential problems for the POTW,the user shall immediately telephone
and notify the POTW 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 POTW 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.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising
employees who to call in the event of a discharge described in paragraph(a), above. Employers
shall ensure that all employees, who may cause such a discharge to occur, are advised of the
emergency notification procedure.
(d) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge,discharge of a non-routine,episodic nature,a non-
customary batch discharge,or a slug load as defined in Section 1.2(a)(36).
5.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW
Director as the POTW Director may require.
All users classified as Non-Significant Categorical Industrial Users under Section 1.2(a)(34)(F)shall
provide appropriate reports to the POTW Director as the POTW Director may require. At a minimum,this
shall include the Annual Certification of continuing to meet the Non-Significant Categorical Industrial User
criteria as required under 40 CFR 403.12(q).
5.8 Notice of Violation/Repeat Sampling and Reporting
(a) If sampling performed by a user indicates a violation, the user must notify the POTW 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 POTW Director within
thirty(30)days after becoming aware of the violation If allowed by the POTW Director,the_user
is not required to resample:
(1) if the[POTW Director]monitors at the user's facility at least once a month; or
(2) if the [POTW Director] samples between the user's initial sampling and when the user
receives the results of this sampling.
(b) If the POTW Director has performed the sampling and analysis in lieu of the industrial user and the
POTW sampling of the user indicates a violation,the POTW Director shall repeat the sampling and
obtain the results of the repeat analysis within thirty (30) days after becoming aware of the
violations,unless one of the following occurs:
(1) the POTW Director monitors at the user's facility at least once a month; or
(2) the POTW Director samples the user between their initial sampling and when the POTW
receives the results of this initial sampling; or
(3) the POTW Director requires the user to perform sampling and submit the results to the
POTW Director within the 30 day deadline of the POTW becoming aware of the violation.
5.9 Notification of the Discharge of Hazardous Waste
The Town prohibits the discharge of any hazardous wastes without notification to and approval by the POTW Director.
(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
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waste as set forth in 40 CFR Part 261,the EPA hazardous waste number,and the type of discharge
(continuous,batch,or other). If the user discharges more than one hundred(100)kilograms of such
waste per calendar month to the POTW,the notification also shall contain the following information
to the extent such information is known and readily available to the user: an identification of the
hazardous constituents contained in the wastes,an estimation of the mass and concentration of such
constituents in the wastestream discharge during the calendar month,and an estimation of the mass
and concentration of such constituents in the wastestream expected to be discharged during the
following twelve(12) months. All notifications must take place no later than 180 days before the
discharge commences. The user shall not begin the discharge until receiving written approval from
the Town. Any notification under this paragraph need be submitted only once for each hazardous
waste discharge. However,notifications of changed conditions must be submitted under section 5.5
of this ordinance. The notification requirement in this section does not apply to pollutants already
reported by users subject to categorical pretreatment standards under the self-monitoring
requirements of sections 5.1,5.3,and 5.4 of this ordinance.
(b) Dischargers are exempt from the requirements of paragraph[(a)],above,during a calendar month
in which they discharge no more than fifteen(15)kilograms of hazardous wastes,unless the wastes
are acute hazardous wastes as specific in 40 CFR 261.30(d)and 261.33(e). Discharge of more than
fifteen(15)kilograms of nonacute hazardous wastes in a calendar month,or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d)and 261.33(e),requires a one-time notification.
Subsequent months during which the user discharges more than such quantities of any hazardous
waste do not require additional notification.
(c) In the case of any new regulation under section 3001 of RCRA identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous waste, the user must notify
the POTW Director, the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within ninety (90) days of the
effective date of such regulations.
(d) In the case of any notification made under this section,the user shall certify that it has a program in
place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance,a permit issued thereunder,or any applicable Federal or State law.
5.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed by a laboratory certified by the state to perform the wastewater analyses in
accordance with the techniques prescribed in 40 CPR Part 136,unless otherwise specified in an applicable categorical
pretreatment standard or unless otherwise performed in accordance with procedures approved by EPA or Town. If 40
CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question,sampling and analyses
must be performed in accordance with procedures approved by EPA and Town. Analyses must be performed by a
State certified lab for each parameter analyzed,if such certification exists for that parameter.
5.11 Grab and Composite Sample Collection
(a) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and
flow measurement facilities shall be properly operated,kept clean,and maintained in good working
order at all times. The failure of a user to keep its monitoring facility in good working order shall
not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(b) Grab Samples must be used for pH,cyanide,total phenols,oil and grease,sulfide,volatile organic
compounds,and any other pollutants as required by 40 CFR 136. The POTW shall determine the
number of grabs necessary to be representative of the User's discharge. See 40 CFR 403.12(g)(5)
for additional grab sample number requirements for BMR and 90 Day Compliance Reports.
Additionally, the POTW Director may allow collection of multiple grabs during a 24 hour period
which are composited prior to analysis as allowed under 40 CFR 136.
(c) Composite Samples: All wastewater composite samples shall be collected with a minimum of
hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples
shall be collected using flow proportional composite collection techniques,unless time proportional
composite sampling or grab sampling is authorized by the POTW Director. When authorizing time-
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proportional composites or grabs,the samples must be representative and the decision to allow the
alternative sampling must be documented.
5.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed,
postage prepaid,into a mail facility serviced by the United States Postal Service,the date of receipt of the report shall
govern.
5.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and
copying,all records of information obtained pursuant to any monitoring activities required by this ordinance and any
additional records of information obtained pursuant to monitoring activities undertaken by the user independent of
such requirements. Records shall include the date,exact place, method,and time of sampling,and the name of the
person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used;and the results of such analyses. These records shall remain available for a period of at
least three(3)years. This period shall be automatically extended for the duration of any litigation concerning the user
or the Town,or where the user has been specifically notified of a longer retention period by the POTW Director.
5.14 Electronic Reporting
The POTW Director may develop procedures for receipt of electronic reports for any reporting requirements of this
Ordinance. Such procedures shall comply with 40 CFR Part 3. These procedures shall be enforceable under Section
8 of this Ordinance.
5.15 Special Reporting Requirements for His in Satellite POTWs
In the case of industrial user located in a Satellite POTW organization's jurisdiction, all information required to be
reported to the industrial user's Pretreatment Program Control Authority by this Ordinance shall also be reported to
the POTW treatment plant organization.
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SECTION 6-COMPLIANCE MONITORING
6.1 Monitoring Facilities
The Town requires the user to provide and operate at the user's own expense,monitoring facilities to allow inspection,
sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility
should normally be situated on the user's premises,but the Town may,when such a location would be impractical or
cause undue hardship on the user,allow the facility to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation
of samples for analysis. The facility, sampling,and measuring equipment shall be maintained at all times in a safe
and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in
accordance with the requirements of the Town and all applicable local construction standards and specifications.
Construction shall be completed within 90 days following written notification by the Town.
6.2 Inspection and Sampling
The Town will inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all
requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged
shall allow the Town, approval authority and EPA or their representative ready access at all reasonable times to all
parts of the premises for the purposes of inspection,sampling,records examination and copying or in the performance
of any of their duties. The Town,approval authority and EPA shall have the right to set up on the user's property such
devices as are necessary to conduct sampling,inspection,compliance monitoring and/or metering operations. Where
a user has security measures in force which would require proper identification and clearance before entry into their
premises,the user shall make necessary arrangements with their security guards so that upon presentation of suitable
identification,personnel from the Town,approval authority and EPA will be permitted to enter,without delay,for the
purposes of performing their specific responsibilities. Denial of the Town's,approval authority's,or EPA's access to
the user's premises shall be a violation of this ordinance. Unreasonable delays may constitute denial of access.
6.3 Search Warrants
If the Town, approval authority, or EPA has been refused access to a building, structure, or property, or any part
thereof,and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to
verify compliance with this ordinance or any permit or order issued hereunder,or to protect the overall public health,
safety and welfare of the community,then the Town,approval authority,or EPA may seek issuance of a search warrant
from the court having jurisdiction within the Town.
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SECTION 7- CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or other governmental agency without restriction unless
the user specifically requests and is able to demonstrate to the satisfaction of the POTW 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 or secret
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, the National Pollutant Discharge Elimination System
(NPDES)Permit,Non-discharge permit and/or the pretreatment programs;provided,however,that such portions of a
report shall be available for use by the State or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report. Wastewater constituents and characteristics 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.
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SECTION 8 -ENFORCEMENT
8.1 Administrative Remedies
(a) Notification of Violation
Whenever the POTW Director finds that any industrial user has violated or is violating this
Ordinance, wastewater permit, or any prohibition, limitation or requirements contained therein or
any other pretreatment requirement the POTW Director may serve upon such a person a written
notice stating the nature of the violation. Within 30 days from the date of this notice,an explanation
for the violation and a plan for the satisfactory correction thereof shall be submitted to the Town by
the user. Submission of this plan does not relieve the discharger of liability for any violations
occurring before or after receipt of the notice of violation.
(b) Consent Orders
The POTW 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 POTW 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 POTW
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 POTW Director shall review the evidence presented at the hearing and determine whether the
proposed enforcement action is appropriate.
A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty
under section 8.2 nor is any action or inaction taken by the POTW Director under this section subject
to an administrative appeal under section 10.
(d) Administrative Orders
When the POTW 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 POTW
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 preventive action in the event of a continuing or threatened
violation;
(4) Disconnect unless adequate treatment facilities,devices or other related appurtenances are
installed and properly operated within a specified time period.
(e) Emergency Suspensions
The POTW Director may suspend the wastewater treatment service and/or wastewater permit when
such suspension is necessary in older 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 maybe lifted or the user's waste discharge
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permit terminated. In the event of a failure to comply voluntarily with the suspension order,the
POTW 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 POTW Director shall reinstate the wastewater permit and the wastewater treatment
service upon proof of the elimination of the noncompliant discharge. The industrial user shall
submit a detailed written statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence to the POTW Director prior to the date of the
above-described hearing.
(f) Termination of Permit or Permission to Discharge
The POTW Director may revoke a wastewater discharge permit or permission to discharge for good
cause,including,but not limited to,the following reasons:
(1) Failure to accurately report the wastewater constituents and characteristics of his discharge;
(2) Failure to report significant changes in operations, or wastewater constituents and
characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring;or,
(4) Violation of conditions of the permit or permission to discharge, conditions of this
ordinance,or any applicable State and Federal regulations.
Noncompliant industrial users will be notified of the proposed termination of their wastewater
permit and will be offered an opportunity to show cause under section 8.1 of this ordinance why the
proposed action should not be taken.
8.2 Civil Penalties
(a) Any user who is found to have failed to comply with any provision of this ordinance,or the orders,
rules,regulations and permits issued hereunder,may be assessed a civil penalty of up to twenty-five
thousand dollars($25,000)per day per violation.
(1) Penalties between$10,000 and $25,000 per day per violation may be assessed against a
violator only if:
(A) For any class of violation, only if a civil penalty has been imposed against the
violator with in the five years preceding the violation,or
(B) In the case of failure to file, submit,or make available, as the case may be,any
documents, data, or reports required by this ordinance, or the orders, rules,
regulations and permits issued hereunder,only if the POTW Director determines
that the violation was intentional and a civil penalty has been imposed against the
violator within the five years preceding the violation
(b) In determining the amount of the civil penalty,the POTW Director shall consider the following:
(1) The degree and extent of the harm to the natural resources,to the public health,or to public
or private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with the pretreatment
program;
(8) The costs of enforcement to the Town
(c) Appeals of civil penalties assessed in accordance with this section shall be as provided in section
10.
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8.3 Other Available Remedies
Remedies,in addition to those previously mentioned in this ordinance,are available to the POTW 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 applicable Judicial District may,at the request of the Town,prosecute
noncompliant users who violate the provisions of N.C.G.S. 143-215.6B. Note: Under North
Carolina law, it is a crime to negligently violate any term, condition, or requirement of a
pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local
governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or
requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment
permit, issued by local governments (G.S. 143-215.6B(g)), to knowingly violate any term,
condition,or requirement of a pretreatment permit issued by local governments,or knowingly fail
to apply for a pretreatment pennit,knowing at the time that a person is placed in imminent danger
of death or serious bodily injury, (G.S. 143-215.6B(h)),and to falsify information required under
Article 21 of Chapter 143 of the General Statutes(G.S. 143-215.6B(i)).
(b) Injunctive Relief
Whenever a user is in violation of the provisions of this ordinance or an order or permit issued
hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of
Justice for the issuance of a restraining order or a preliminary and permanent injunction which
restrains or compels the activities in question.
(c) Water Supply Severance
Whenever an industrial user is in violation of the provisions of this ordinance or an order or permit
issued hereunder, water service to the industrial user may be severed and service will only
recommence,at the user's expense,after it has satisfactorily demonstrated ability to comply.
(d) Public Nuisances
Any violation of the prohibitions or effluent limitations of this ordinance or of a pennit or order
issued hereunder,is hereby declared a public nuisance and shall be corrected or abated as directed
by the POTW Director. Any person(s)creating a public nuisance shall be subject to the provisions
of the appropriate ordinances of the Town governing such nuisances, including reimbursing the
POTW for any costs incurred in removing,abating or remedying said nuisance.
8.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The POTW 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 Town's enforcement response plan. However, the POTW Director may take other action
against any user when the circumstances warrant. Further,the POTW Director is empowered to take more than one
enforcement action against any noncompliant user.
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SECTION 9-ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
At least annually,the POTW Director shall publish in a newspaper of general circulation that provides meaningful
public notice within the jurisdiction(s)served by the POTW,a list of those industrial users which were found to be in
significant noncompliance, also referred to as reportable noncompliance, in 15A NCAC 2H .0903(b)(34), with
applicable pretreatment standards and requirements,during the previous 12 months.
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SECTION 10—ADJUDICATORY HEARINGS
(a) Hearings.
An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a
permittee/user assessed a civil penalty under section 8.2,or one issued an administrative order under section
8.1 shall have the right to a hearing or hearing(s) in accordance with regular local government hearing
procedures upon making written demand, identifying the specific issues to be contested, to the POTW
Director within 30 days following receipt of the si nificant industrial user permit,civil penalty assessment,
or administrative order. Unless such written demand is made within the time specified herein, the action
shall be final and binding and further appeal is barred. For modified permits,only those parts of the permit
being modified may be adjudicated. The term and conditions of a permit under review shall be as follows:
(1) New Permits. Upon appeal, including judicial review in the General Courts of Justice,of
the terms or conditions of a newly issued permit, the terms and conditions of the entire
permit are stayed and the permit is not in effect until either the conclusion of judicial review
or until the parties reach a mutual resolution.
(2) Renewed Permits. Upon appeal,including judicial review in the General Courts of Justice,
of the terms or conditions of a renewed permit, the terms and conditions of the existing
permit remain in effect until either the conclusion of judicial review or until the parties
reach a mutual resolution.
(3) Terminated Permits. Upon appeal, including judicial review in the General Courts of
Justice,of a terminated permit,no permit is in effect until either the conclusion of judicial
review or until the parties reach a mutual resolution.
(b) Judicial Review
Any person against whom a final order or decision of the Council serving the Town is entered, may seek
judicial review of the order or decision by filling a written request for review by the Superior Court
of Davidson County.
(c) Official record. When a final decision is issued under paragraph(b)above,the Council serving the
Town shall prepare an official record of the case that includes:
(1) All notices,motions,and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) 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.
(4) A copy of the final decision of the Council serving the Town.
(d) Judicial Review. Any person against whom a final order or decision of the Council serving the
Town is entered,pursuant to the hearing conducted under paragraph(b)above, may seek judicial
review of the order or decision by filing a written request for review by the Superior Court of
Davidson County within 30 days after receipt of notice by registered or certified mail of the order
or decision,but not thereafter along with a copy to the Town. Within 30 days after receipt of the
copy of the written request for review by the Court,the Council serving the Town shall transmit to
the reviewing court the original or a certified copy of the official record.
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SECTION 11-AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
11.1 Upset
(a) An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of paragraph(b),below,are met.
(b) A user who wishes to establish the affirmative defense of upset shall demonstrate,through properly
signed,contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s)of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and in
compliance with applicable operation and maintenance procedures;and
(3) The user has submitted the following information to the POTW 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:
(A) A description of the indirect discharge and cause of noncompliance;
(B) The period of noncompliance,including exact dates and times or,if not corrected,
the anticipated time the noncompliance is expected to continue;and
(C) Steps being taken and/or planned to reduce,eliminate,and prevent recurrence of
the noncompliance.
(c) In any enforcement proceeding,the user seeking to establish the occurrence of an upset shall have
the burden of proof.
(d) Users will have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical pretreatment standards.
(e) Users shall control production of all discharges to the extent necessary to maintain compliance with
categorical pretreatment standards upon reduction, loss,or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided. This requirement applies in
the situation where, among other things, the primary source of power of the treatment facility is
reduced,lost,or fails.
11.2 Prohibited Discharge Standards Defense
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the
general prohibitions in section 2.1 (a)of this ordinance or the specific prohibitions in sections 2.1(b)(2),(3),and(5-
7)and(9-23)of this ordinance if it can prove that it did not know,or have reason to know,that its discharge,alone or
in conjunction with discharges from other sources,would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to,and during,the pass through or interference;or
(b) No local limit exists,but the discharge did not change substantially in nature or constituents from
the user's prior discharge when the Town was regularly in compliance with its NPDES permit,and
in the case of interference,was in compliance with applicable sludge use or disposal requirements.
11.3 Bypass
(a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements
to be violated,but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provision of paragraphs(b)and(c)of this section.
(b)
(1) If a user knows in advance of the need for a bypass,it shall submit prior notice to the
POTW Director,at least ten(10)days before the date of the bypass,if possible.
(2) A user shall submit oral notice to the POTW 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
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the bypass. The POTW Director may waive the written report on a case-by-case basis if
the oral report has been received within twenty-four(24)hours.
(c)
(1) Bypass is prohibited, and the POTW Director may take an enforcement action against a
user for a bypass,unless
(A) Bypass was unavoidable to prevent loss of life,personal injury,or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities,retention of untreated wastes,or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-
up equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance;and
(C) The user submitted notices as required under paragraph(b)of this section.
(2) The POTW Director may approve an anticipated bypass,after considering its adverse effects,
if the [POTW Director] determines that it will meet the three conditions listed in paragraph
(c)(1)of this section.
SECTION 12-SEVERABILITY
If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall
continue in full force and effect.
SECTION 13-CONFLICT
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ordinance are hereby
repealed to the extent of such inconsistency or conflict.
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SECTION 14-EFFECTIVE DATE
This ordinance shall be in full force and effect on the day of 19 .
INTRODUCED the day of 19
FIRST READING: ,19_
SECOND READING: ,19 .
PASSED this_day of , 19_
AYES:
NAYS:
ABSENT:
NOT VOTING:
APPROVED this_day of , 19_
MAYOR,of the [Town]
ATTEST: (Seal)City Clerk
Published the day of , 19
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CONTINGENCY PLAN FOR PUMP FAILURE
IN THE EVENT THERE IS A PUMP FAILURE AT ANY OF THE 6 SEWER PUMPING
STATIONS, THE FOLLOWING STEPS SHALL BE TAKEN;
1) ANALYZE THE TYPE AND SEVERITY OF THE FAILURE/EMERGENCY;
2) TAKE IMMEDIATE ACTION IF LIVES ARE IN DANGER;
3) TAKE ACTION TO REDUCE INJURIES AND SYSTEM DAMAGE;
4) INFORM THE PERSON RESPONSIBLE FOR MANAGING THE EMERGENCY AND
KEY MAKING DECISIONS;
5) MAKE REPAIRS BASED ON PRIORITY DEMAND;
6) CLEAN UP ANY DEBRIS OR/AND TOOLS USED IN REPAIRS;
7) RETURN THE SYSTEM TO NORMAL OPERATION
THE FOLLOWING TABLES IDENTIFY THE ASSESSMENT, SET FORTH
IMMEDIATE RESPONSE ACTIONS, DEFINE WHAT NOTIFICATIONS NEED TO
BE MADE, AND DESCRIBE IMPORTANT FOLLOW-UP ACTIONS.
A. Power outage
Assessment
Immediate Actions For properties with emergency generator, ensure automatic transfer switch
operated properly where applicable. Pump stations without ATS's, start
generator, transfer power, monitor generator for proper operation. Contact
Duke Energy to offer Town's assistance in locating cause of power loss.
Notifications Duke Energy, Police Department, VFD, and Town crew
Follow-up Actions After power is restored, refill generators with fuel, check fluids, and secure
pump station areas. Reset equipment at\NWTP that may not have come
on after loss of power.

B. Collection system pumping facilities failure
Assessment
Immediate Actions Call department head and/or ORC to notify of pump failure. Contact and
sewerage pumping company(Robbins septic tank)to come and pump
down wet well. Using electrical and pumping schematics, locate and repair
the problem.
Notifications Sewerage pumping company, If spill occurred, contact Regional DWQ
office. Inform Town Manager.
Follow-up Actions Clean up area if spill occurred. Order and/or replace spare parts used to
correct the malfunction.
C. Vandalism or terrorist attack
Assessment
Immediate Actions Contact law enforcement whether it is vandalism or terrorist activities.
Repair or isolate situation. Call outside municipalities, government agencies
for assistance if necessary.
Notifications Law enforcement agencies, appropriate government agencies.
Follow-up Actions Issue warnings to populous if necessary and give the"all clear"when
situation is rectified.
1

D. Electronic equipment failure
Assessment
Immediate Actions Ensure all emergency generators are operating correctly and those sans
ATS's, have been transferred properly. If power to pump stations and/or
WWTP is still intact but equipment has failed then ORC and Department
Head shall gather power panel schematics and trace out the problem(s). If
problem is found to be on power company, Duke Energy will be notified.
Notifications DESCO electrical supply, Duke Energy, Collection System ORC, Sewer
Department Head, State DWQ if SSO occurred.
Follow-up Actions Replace spare parts used in repair of pump station or WWTP
Returning to normal operations
Action Description and Actions
Power Outage Check emergency generators for fluid levels and conduct
maintenance as needed or schedule maintenance. Maintain a
presence around town to ensure power has been restored
throughout town and whatever had caused the outage has been
repaired. Contact with local Duke Energy personnel would aide in
this.
Collection System Failure Follow Spill Response Plan Clean-up procedures. Contact down-
or line break stream water systems if necessary. File written reports as per State
DWR rules and regulations.
Collection system Follow Spill Response Plan Clean-up procedures. Contact down-
pumping facilities stream water systems if necessary. Inform industrial customers of
failure/Treatment Facility return to normal if they were asked to cease operations while pump
Failure stationNWUTP was being repaired.

Chemical Investigate where contamination came from. Discern whether it was
Contamination/Hazardous an accidental release or maliciously added to system.
Materials Spilled in
Collection System Inform State DWQ of our findings, and observe environmental
clean-up of contaminated water that was collected.
Vandalism or Terrorist If the population was informed of the vandalism/attack, a public
Attack relations group should be formed within the administration to handle
the concerns and questions of the citizens.
Flood Clean up spill areas following procedures in Spill Response Plan.
Contact the Town's Insurance Company if damage to town property
occurred. Follow up with all utility companies that were affected by
flood. File written reports as per State DWQ rules and regulations.
Electronic Equipment Conduct maintenance of emergency generators. Inform
Failure Administration if outside personnel were called in to assist town
personnel with repairs.
Pump Station Information
P.S. P.S. Name P.S.Address Pump Type Alarm Type Phase Capacity
1 Nicoma 399 Howell Duplex Flyght SCADA 3 1 pump=200gpm
Park Drive submersible grinder Missions 2 pump=280 gpm
monitoring
2 Uttra-Mek 527 Bombay Duplex Gorman Rupp T3 SCADA 3 1 pump=200gpm
Road Centrifugal Missions 2 pump=280 gpm
monitoring
4 Wilson 18819 South Duplex Barnes SCADA 3 1 pump=200gpm
Carter NC Hwy. 109 submersible grinder Missions 2 pump=280 gpm
monitoring
5 North Main 11251 North Duplex Gorman Rupp T3 SCADA 3 1 pump=200gpm
Main Street Centrifugal Missions 2 pump=280 gpm
monitoring
6 Spring 363 Spring Duplex Myers SCADA 1 1 pump=200gpm
Street Street Submersible grinder Missions 2 pump=280 gpm
monitoring

r -
7 Garner 651 Garner Duplex 3 HP SCADA 3 1 pump=150gpm
Road Submersible grinder Missions 2 pump=200 gpm
monitoring
Emergency Notification List
Chain of Command- Lines of Authority
Name and Title Responsibilities During an Emergency Contact Numbers
Troy B. Branch, ORC ORC of POTW. May delegate personnel and 336-859-4460 office
resources to facilitate repairs of pump stations. 336-250-0248 cell
Documents repairs and notifies personnel pertinent
to the emergency.
Mike High, Sewer Foremen of POTW. Delegates personnel, tasks and 336-859-5885 office
Sys. Department equipment to their needed locations. 336 250 0842 cell
Head and Back-up
ORC
Authorizes the use of equipment and personnel and 336-859-4231 office
occasionally the emergency purchases/lease of
Larry Ward, Mayor equipment. 336-880-9455 cell
Town manager and primary purchasing agent. 336-859-4231 office
John Gray, Interim
Town Manger
336-859-4460 office
Steven Abercrombie, Follows orders laid out by ORC, Department Head,
Back-up ORC Mayor, and Town Manager
WWTP

First Responders Emergency Notification List
Organization or Department Name&Position Telephone Night or Cell Phone
Local Law Enforcement Mark Hick, Chief 336-250-1033 336-250-1033
Denton PD
Fire Department Travis Morris, Chief 336-859-4231 911
Denton VFD
Emergency Medical Services Davidson County 336-859-2166 911
Ambulance Service
Rescue Squad Davidson County Rescue 336-859-2599 911
Squad
Primacy Agency Contact NCDENR/DWQ, 336-771-5000
Paul DiMatteo
Hazmat Hotline Davidson County Emerg. 336-242-2280
Mgmt.
Priority Customer List
Organization or Department Name& Position Telephone Night or Cell
Phone
Hospitals or Clinic(s) Denton Healthcare 336-859-5001 911
Dentist Davidson Family Dentistry 336-859-4435
Public or Private Schools Denton Elem. 336-859-2126
South Davidson Middle 336-242-5503
School 336-242-5503
South Davidson High School
Public Water System Denton WTF 336-859-3139 250-0889
Adult Care Facility Mt.Vista 336-859-2181
Century Hosiery Malcolm Martin 336-859-3806
Denton Animal Hospital Cathy 336-859-2828
Ultra-Mek Steve Hoffman 336-859-4552

1---
Service/ Repair Notifications
1 Organization or Department Name& Position Telephone Night or Cell Phone
Electric Utility Co. Duke Energy 1-800-POWERUP
Electrician Hammond Elec. Motors 704-983-3178
Water Testing Lab. Meritech, Inc. 336-742-4748
Sewer Utility Companies Hughes Supply 336-312-1864
Preferred Pump& Equip. 855-211-0689
Pump Rental and repair Charles Underwood 919-776-7210 1-800-729-2463
Pump Controls and SCADA Clear Water, Inc. 800-947-0852
Telephone Co. Windstream 1-800-843-9214 1-800-782-6206
Pump Supplier Tencarva 888-714-8217 336-210-7600 1
"Call Before You Dig" NC One-Call Center 811* 811*
Rental Equipment Supplier Sunbelt Rentals [phone]
Media Notification List
Name& Position Name Contact Number
Organization or
Department
Newspaper-Local Denton Orator 859-3131
Lexington Dispatch 336-248-5980
Newspaper-
Regional/State/Tribal High Point 336-888-3500
Enterprise
Radio AM 1440 336-242-1440
WGHP Channel 8 [phone]
TV Station
WXII Channel 12 [phone]