WQCS00170_Sewer Use Ordinance_20211018

Chapter
Sewer Use
TITLE V. PUBLIC WORKS
52. SEWER, USE
(AD of
10-

Section
CHAPTER 52: SEWER USE
General Provisions
52.001 Responsibility for sewer system
52.002 Purpose of chapter
52.003 Definitions
52.004 Abbreviations
Specific Use Re i remerrts
52.015
Control of wastewater
52.016
Use of public sewers req'Liired
52.017
Prohibited use of public sewers
52.018
Right of revision
52.019
Dilution
52.020
Flow equalization
52.021.
Monitoring facilities
52.022
Federal categorical pretreatment staiid.ards
52.023
Accidental discharges
52.024
Appeal of findings
52.025
Power and authority for inspection
Waste water Discharge .Parmiis
52.035 General
52.036 Permit application
52.037 Application review and evaluation.
52.038 Permit modifications, conditions, duration and trans£er
52,039 Compliance date report
52.040 Periodic compliance report
52.041. Industrial preti:oatinent
52.042 Confidential information
52.043 Harmful contributions
52.044 Enforcement
52.045 Notification of violation
1)

52.046 Show cause hearing, transcript
52.047 Orders
52.048 Legal action
Seger Service Requirements
52.063
Application for service
52.064
Minimum charge
52.065
bates, Deposit schedule and fees
52.066
Server service charge
52.067
Surcharge
52.063
Sampling and testing procedures
52.069
TQvvn's responsibility and liability
52.070
Consumer's responsibility
52.07I
Extensions to mains and services
52.072
Access to premises
52.073
Change of occupancy
52.074
Billing and Collections
52,075
Suspension of service
52.999
Civil penalties
3

GEAWRAL PRO VISIO S
' 52.001 RESPONSIBILITY FOR SEWER SYSTEM.
The Town: of Bryson City will provide any required maintenance and/or repair of all
sewer mains, service lines to property line: and the operation of all public pump stations.
(Ord. passed )
' 52.002 PURPOSE OF CHAPTER..
(A) This chapter sets forth uniform requirements for direct and indirect contributors
into the Town of Bryson City's wastewater collection system and enables the Town of
Bryson City to comply with all applicable state and federal laws required by the Clean
Water Act of 1977 and the general pretreatment regulations (40 C.F_R.. pant 403).
(B) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the municipal wastewater system
which will interfere with the operation of the system or contaminate the resulting sludgo;
(2) To prevent the introduction of pollutants into the municipal wastewater system
which will pass through the system, inadequately treated, into receiving waters or the
atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and sludges
from the system, and
(4) To provide for equitable distribution of the cost of the municipal wastewater
system.
(C) This subchapter provides for the regulations of direct and indirect contributors to
the municipal wastewater system through the issuance of permits to all proposed users
and through enforcement of this chapter, authorizes monitoring activities, requires user
reporting and provides for the setting of fees for the equitable distribution of costs resulting
from. the program established herein.
(D) This subchapter shall apply to all users of the Town sewer system. The Town
Manager or designee shall aami dster, implement and enforce the provisions of tliis
chapter.
{Ord. passed )
' 52.003 DEFINITIONS,
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
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ACTor THEACT The Federal Water Pollution Control Act, also know is as the Clean
Water .Act, as amended, 33 U.S.C. " 1251 et seq.
APPROVAL AUTMORITY. The Director of the State Division of Environmental
Management or designees.
A UTFORIZED .REP.RESEIWATTVE OF LND USTRLI L OR CO OMRCL L USER
An authorized representative of an industrial or commercial user may be:
(I) A principal executive officer of at least the level of vice president, if the user is
a corporation;
(2) A general partner or proprietor, if the user is a partnership or proprietorship,
respectively; or
(3) A duly authorized representative of the individual designated above if the
representative is responsible for the overall operation of the facilities from which the
indirect discharge originates.
AVERAGE .FLOW PER WORKDAY The total metered consumption measured
during 5 consecutive 24-hour periods of discharge divided by 5.
AVERAGE HOURLY PLOW RATE. The average flow per workday divided by the
number of hours during which the process discharge occurs.
BIOGR'.EAHCAL OXYGENDEAL41VD (BO.D) The quantity of oxygen utilized in the
biochenneal oxidation of organic matter tinder standard laboratory procedure, 5 days at
20" centigrade expressed in terms of concentration (milligranis per liter mgl11).
BUILDING SEWER. A privately owned sewer line conveying wastewater Lrom the
premises of a user to the publicly owned sewer collection system.
BYPASS. The intentional diversion of wastewater from any portimi of a sewer system.
CATEGORICAL STA MARDS. National categorical pretreatment standards or
pretreatment standard.
TOWN The Town of Bryson. City, North Carolina or the Town Board of Aldermen of
the Town of Bryson City.
CHLOR AW D-MMAND. The difference between the amount of chlorine applied to a
sample of waste and the amount of available chlorine residual remaining, after a contact
period of 20 minutes, under analytical procedures given in the latest edition of Standa-rd
11Iet11ods.
COOLING WATER. The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
COMPATT&LE .POLLUTANT Biochemical oxygen demand, suspended solids, ph
and fecal coliform bacteria, plus any additional pollutants identified in the publicly owned

treatment work's NPi3ES permit, where the Publicly owned treatment work is designated
to treat pollutants and, in fact, does treat pollutants to the degree required by the POTW's
permit.
.DIRECT.DISC L4RGE. The discharge of treated or untreated wastewater directly to
the waters of the State of North Carolina.
DOMESTIC SEWAGE. That waste froan residence sewer fixtures, public rest rooms
in commercial or industrial establishments and garbage grinders. dishwashers and clothes
washers which are not operated on a commercial basis.
ENV1".RONI"ENTAL PROTECTION AGENCY or EPA. The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a designation for
the adm.inistr-ator or other duly authorized official of the agency.
GARBAGE Solid waste from the domestic and commercial preparation, cookingand
dispensing of food and from the handling, storage. and sale of produce.
GEA.aBSA1MIPLE. A sample which is taken from a waste streain on a 1-time basis with
no regard to the flow rate of the waste stream and over a period of time not to exceed 15
minutes,
.BOLDING TANK WASTE Any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
IDOD aALV IEDL TE.DISS'O.LVED OXYGENDE1lIAND) That quantity of molecular
oxygen that is required immediately in the oxidation of certain substances which is not
included in the oxygen consumed in the 5-day I30D test and is conductod according to
analytical procedures given in the 'latest: edition of Standard lllethods.
INI. ERECT .D.TSCI G.E The discharge or the .introduction of non -domestic
pollutants frown any source regulated under' 307(b) or (c) of the Act, (33 U.S.C.' 1317), into
the POTTf (including holding tank waste discharged into the system).
flMUSTEM USER A. source of indirect discharge which does not constitute a
discharge of pollutants under regulation-5 issued puxsr.rant to' 402 of the Act (33 U.S.C.
1342) .
INTERFERENCE. The inhibitioal ar disruption of the POTW treatment processes or
operations which contribute to a violation of any requirements of the POTW's NPDES
permit. The term includes prevention of sewage sludge use or disposal by the POTW izx
accordance with' 405 of the Act (33 U.S.C. ' 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic
Substances Control Act or more stringent; state criteria (including those contained ill any
State Sludge Management Plan prepared pursuant to Title IV of SWDA) applicable to the
method of disposal or use employed by the POTW.
NEDICAL TASTE. Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body pants, contaminated beddiDg, surgical wastes,
potentially contaminated laboratory wastes and dialysis wastes.
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NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREA YMENT
STANDARD. Any regulation containing pollutant discharge limits promulgated by the
EPA in accordance with 307(b) and (c) of the Act (33 U.S.0 1347) which applies to a specific
category of industrial users -
NATIONAL POLLUTION DISCHARGE ELlWAXTION SYSTEM OR NPDE'S
PERAHT: A permit issued pursuant to 402 of the Act (33 U.S.C. 1.342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE
D-rSCLM-RGE STANDARD. Any regulation developed under the authority of 307 (b) of
the Act (33 U-S.C. 1.317) and 40 C.F.R. 403.5.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
POLLUTANT; Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical. wastes, biological materials, radioactive materials.
Beat, wrecked or discharged equipment, rock, sand, cellar flirt and industrial,, municipal
and agricultural waste discharged into water.
PRETREATMENT ar TREATMENT The reduction of the amount of pollutants, the
elimination of pollixtants or the alteration of the nature; of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing pollutants into a POTW. The reduction or alteration can be obtained by
physical, chemical or biological processes or process changes of other means, except as
prohibited by 40 C.F.R, ' 403-6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement
related to pretreatment;, other than a national, pretreatment standard imposed on an
industrial user.
PRETREATME'NTPR(. GRA. The program for the control of pollutants introduced
into the POTW from non -domestic sources which was developed by the Town or the POTIAT
owner in compliance with 40 C.F.R. ' 403.8 and approved by the approval authority as
authorized by G.& ' 1.43-215.3(a)(14) in accordance with 40 C-F.R. ` 403.1 L
.PRETREATMENT STANDARDS. Prohibited discharge standards, categox•ical
standards and local limits.
PROF.ERLYSBREDDED GARBAGE. The wastes from the preparation, cooking and
dispensing of food that have been shredded to a degree: that all particles will be carried
fz-sely under the flow conditions, noranally prevailing in public sewers, with no particle
greater than. 2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined
by ' 212 of the Act, (33 U.S.C. ' 1292) which is owned either by the Town of Bryson City or
neighboring cities to which the Town of Bryson City transfers wastewater for treatment
and disposal. This definition includes any sewers that convey wastewater to the POTW
treatment plant.
7

POTS" TREATMENT PLANT or POLLUTION CONTROL PLAN'. That portion of
the POTW designed to provide treatment to wastewater.
PVELIC ,SEWER. A sewer in which all owners of abutting properties have equal
rights; and is controlled by a public authority and includes the service connection up to and
including the clean -out at the right-of-way easement or property line boundary.
RATESCHEDULE, A. document adopted by Town Board of Aldermen that outlines
charges and fees to be paid under this chapter, a copy of which is to be oil file in the office
of the Town Clerk.
SAA TARP S.EffWR A sewer which carries polluted wastes, and to which storm,
surface and ground water are not intentionally admitted.
SEWAGE. A combination of the water -carried wastes from residences, business
buildings, institutions and industrial establishments together with ground, surface and
storm water as may be present because of infiltration or inflow.
SEWER SYSTEM.. All facilities of collection, pumping, treatment and disposition of
sewage.
,SHALL is mandatory; MAYis permissive.
SIG1 IFICANT INDUSTRIAL USER. Any industrial user of the Town's wastewater
system who'.
(1.) Is subject to categorical pretreatment standards (NRDC Consent Decree
Industries);
(2) Is found by the Town of Bryson City, and/or POTW owner, state or the U.S.
Environmental Protection Agency (EPA) to have significant impact, either singly or in
combination with other contributing industries, on the wastewater treatment system, the
quality of sludge, the system's effluent quality or air eanission generated by the system;
(3) .Is a manufacturing industry using substances of concern or has a process
discharge flow of more than 25,000 gallons per average work day;
(4) Contributes more than 6% of the treatment plant capacity (i.e., allowable
pollutant load.) of the wastewater system receiving the indirect discharge; or
(5) Is required to meet a national categorical pretreatment standard.
S`1GA7F[CA1V7'Ar0NC0M,.PLL4NC.Eor REPOP7ABLEIITONCOMP. L4NCK A state
of noncompliance is defined as follows:
(1) Violations of wastewater discharge limits --
(a) Sixty-six percent or more of the measurements exceed (by any magnitude)
the same daily maximum limit or the same average limit in a 0-month period;

(b) Thirty-three percent or more of the measurements equal or exceed the TR,C
tunes the limit (maximum or average) in a 6-month period. There are 2 groups of TRCs:
1. For conventional pollutants BCD, TSS, fats, oil and grease, TR,C=1..4
2. For all other pollutants, TRC=x.
(c) Any other violation(s) of an effluent limit (average or daily maximum) that
the Town believes has caused, alone or in combination with other discharges, interference
or pass -through; or endangered the health of the sewage treatment plant personnel of the
public; and
(d) Any discharge of a pollutant that has caused imminent endangerment to
human health/welfare or to the environment or has resulted 1n the POTW's exercise of its
emergency authority to halt or prevent a discharge.
(2) 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;
(3) Failure to provide reports for compliance schedule, self -monitoring data,
baseline monitoring reports, 90,day compliance reports and periodic compliance reports
within 30 days from the due slate;
(4) Failure to accurately report noncompliance; and
(5) Any other violation or group of violations that the Town considers to be
significant.
SLUG LOAD.
(1) Any discharge at a flow rate or concentration which could cause a violation of
the prohibited discharge standards;
(2) Any discharge of water, sewage or polluted wastes which in concentration of
any given constituent exceeds for any period of duration longer than 10 minutes more than
3 tunes the average hourly flow concentration during normal operation; and
(3) Any discharge of water, sewage or polluted wastes whose flow rate exceeds for
any period of duration longer than 10 minutes more than 3 tunes the average hourly flow
rate.
STAA DARD AM NHOLE. A sewer inspection entrance constructed according to Town
standards and having a minimum horizontal diameter of 4 feet and located on the sewer
collection system.
9

STAIWAR17 IVETHODS. The latest edition of Standard A ethods for the
Examination of Water- and Waste Water as published jointly by the American Public
Health Association, the American Water Warps Association and. the Water Environment
Federation.
STORM SEWER. A pipe or pipes which carry stories, surface water, drainage and
other unpolluted water, but excludes sewage.
STATE State of forth Carolina.
SETAADARD IADUSTRLIL CLASS[FrCATIO.N (SIC) A classification pursuant to
the Standard -[ndusirial Class cation Afanual issued by the Executive Office of the
President, Office of Management and Budget.
STORM WATER. Any flow occurring during or following any forma of natural
precipitation kind resulting therefrom.
SS (denoting SUSPEADED SOLIDS) The material removed from water, sewage or
other liquids by laboratory filtering when performed according to prescribed procedures in
the latest edition of Standard Aletlrods expressed in milligrams per liter.
TOXIC POLLUTAN-T Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the Environmental Protection Agency
under the provision of CWA' 307(a) or other Acts.
VFS.ET 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 incInde noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance or careless or improper operation.
USER, Any person who contributes, causes or permits contribution of wastewater
into the sewer system.
WASTEWATER, The liquid and watex-carried industrial or domestic wastes £tarn
dwellings, commercial buildings, industrial facilities and institutions, together with any
ground water, surface water and staTm water that may be present because of
infiltration.linflow, whether treated or untreated, which is contributed into or permitted to
enter the P'OTW.
WASTEWATER DISCHARGE PERMIT. As set forth in " 52.035 through 52.048 of
this chapter.
WATERS OF III STATE All streams, lakes, ponds, marshes, water courses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and
all other bodies or accumulations of water, surface or underground, natural or artificial,
public or private, which are contained within, flow though or border- upon the state or any
portion. thereof.
(Ord. passed )
10

' 52,004 ABBREVIATIONS.
The following abbreviation shall have the designated meanings:
BOD. Biochemical oxygen, demand..
CPR. Code of Federal Regulations.
COD. Chemical oxygen demand_
EPA, Enviroamental Protection Agency.
gpd Gallons per day.
L Liter.
rig. Milligrams.
mgll Milligrams per liter.
G.S. North Carolina General Statutes
1VPDES. National pollutant discharge elimination system..
O&M. Operation and maintenance.
PGTW. Publicly owned treatment works.
SIC, Sta - dard Industrial Classification.
SW.DA. Solid Waste Disposal Act, 42 U.S.C. " 0001 of sect,
PSS: Total suspended solids.
TKN. Total kjeldahl nitrogen,
US C United States Code.
(Ord. passed )
11

SPECIFIC USE REQb7REMEs
52.0I5 CONTROL OF WASTEWATER.
All wastewater from homes, commercial establishments and manufacturing plants,
whether water is obtained from the public water system or not, when polluted by its use,
shall be transferred into the Town's sanitary sewer system provided that wastes meet the
requirement of this chapter, and provided that access to the Town's sanitary sewer system
is readily available. Where public sewer service is not available, wastewater shall be
discharged into a private sewage disposal system perrzaitted by the Swain County Health
Department.
(Ord.. passed )
52.016 USE OF PUBLIC SEWERS REQUIRED.
(A) .It shall be unlawful for any person to place, deposit or permit to be deposited in
any unsanitary manner on public or private property within. the Town or in any area under
the jurisdiction of the Town, any septage, garbage or other objectionable waste.
(B) It shall be unlawful to discharge to any natural outlet within the 'I'awn or in any
area under its jurisdiction any sewage or other polluting material, except where suitable
treatment has been provided in accordance with applicable local, state and federal. laws,
ordinances and policies. In. the event that polluting material is discharged, whether
accidental or otherwise, or where an objectionable or offending condition shall exist, as
determined by the Town Manage) or designee, the person causing the discharge will
immediately take corrective measures to remove or otherwise eliminate the offending
condition in a manner approved by the Town Manager or designee. In any unusual
circumstances where an imminent threat to the health and safety of the public may deem
to exist, or where corrective measures are not taken promptly by the person causing the
offending condition, the Town may then take actions as determined necessary to remove
the polluting materials and eliminate the offending condition with costs to be borne by the
person causing the condition.
(C) Except as hereinafter provided, it shall be unlawful to construct or maintain any
privy, privy vault; septic tank, cesspool or other permanent facility intended or used for
the disposal of sewage. Temporary portable toilet facilities shall be allowed at construction
sites, provided that these units are self-contained and are pumped out on a regular basis.
Teznpoa.•a y toilet facilities shall not be allowed to discharge into private sewage disposal
systems or the Town's public sewer system. Upon completion of construction projects,
temporary toilet facilities shall promptly be removed from the project sites. The owners of
all houses, buildings or properties used for human occupancy, employment, recreation, or
either purpose, situated within the Town and abutting on any street, alley or right-of-way
in which there is located a public sanitary sewer of the Town, is hereby recliured at their
expense to install suitable toilet facilities therein and to connect facilities directly with the
proper public sewer in accordance with the 13rovisions of this chapter, within 90 days after
date of official written notice from the Town Manager to do so; provided, that the public
12

sewer is within 20€1 feet of the specific property and can be reached by gravity flow. V here
a public sanitary sewer is not available under the provisions of this chapter, the building
sewer shall be connected to a private sewage disposal system complying with the
provisions of 52.061 of this chapter and with applicable local, state and federal laws,
ordinances and policies.
(Ord. passed) Penalty, see' 52.999
' 52-017 PROHIBITED USE OF PUBLIC SEWERS.
(A) No person shall discharge or cause to be discharged any stoma water, surface
water, ground water, roof run-off or subsurface drainage into any sanitary sewer. Storm.
water and surface drainage shall be admitted to only the sewers that axe specifically
designated as storm sewers or storm drains. Unpolluted process and cooling waters may,
upon written application and approval by the Town, be discharged to storm sewers or storm
drains.
(B) Except, as hereinafter provided, no person shall discharge ox cause to be discharged
any of the following described waters or wastes to any public sanitary sewer:
(1) Any clothing, rags, textile remnants or waste, cloth, scraps and the like, except
.materials of a size that will pass through a lf2-inch mesh screen or its equivalent in
screening ability,
(2) Any Liquid or vapor having a tornperature higher than 1401E measured at a
suitable point of access on the building sewer nearest the point; of entry to the public sewer;
(3) Any wastes or water containing mineral or hydrocarbon fats, wax, grease or
oils (including vegetable and animal fats, grease or oil.) whether emulsified or not, in exeess
of 100 milligrams per liter: or containing substances which may solidify car become viscous
at temperatures between 32°F and 140" .
(4) Any liquids, solids or gases which by reason of their nature or duality may
cause fire or explosion, or in any way be injurious to persons, the public sewer system, the
pollution control plants or the operation of the pollution control plants;
(5) Airy radioactive wastes or isotopes of a half-life or concentration as may exceed
limits established by the Town in compliance with applicable state or federal regulations;
(6) Any waters or wastes having a pH lower than 5.5 or higher than 0.5 which
also have some demonstrable property capable of causing damage or hazard to structures,
treatment processes, egrupment or personnel of the sewerage system;
(7) Any waters, except as hereinafter provided in ' 52.069, which have the
following characteristics
(a) BOD greaten` than 250 mgll;
N TSS greater than 250 mg11; or
(c) TXN greater than 40 mgfl.
13

(8) Liquid wastes containing any toxic or poisonous substan.cea in sufficient
quantities to'
(a) Constitute a hazard to personnel operating or maintaining the sower
system and pollutions control, plants;
(b) Interfere with the biological processes used in the treatment plant;
(c) Which, in combination with ether liquid wastes, upon passing through: the
sewer system will be harmful to persons, livestock or aquatic life utilizing the receiving
streams into which water fzoin the treatment plant is discharged; or
(d) As may be restricted by local, state and federal regulations.
(9) Any noxious or malodorous gas or substance capable of creating a public
nuisance while being conveyed through the sewerage system or at the treatment pI'ant;
(1.0)Any garbage that has not been properly shredded;
(11)Any ashes, cinders, sand, mud, straw, shavings, metal, grease, fats, glass,
bones, glue, feathers, fish or poultry offal, tar, plastics, wood, rubbex, parch manure or any
other solids or viscous substances capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the public sewers or pollution control plants;
(12)Any materials which form excessive amounts of scum that may interfere with
the operation of the pollution control plants or cause undue additional labor in connection
with their operation;
(1.3)Any waters or wastes containing dyes ar other substances which are not
removable by existing sewage treatment plant processes;
(14)A.ny waters or wastes in unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein and where, in the opinion of the Town slugs may
interfere with the process operation and/or maintenance of the sewerage system;
(15)Any waters or wastes that have an ira.mediate dissolved oxygen demand in
excess of 3 mgtl;
(16)Petroleuzn oils or greases and exhaust gases from internal combustion
engines; or
(1.7)Any waters or waste having a concentration greater than the specific
concentration listed below:
(a.) 0.003 rngll arsenic;
(b) 0,003 -mg/1 cadmium;
14

(c) 0.061 mg/l copper:
(d) OM5 mg/1 cyanide,
(e) 0,049 mg/l lead:
(f) 0.0003 mg/l mercury:
(g) 0.021 mg/1 nickel,
(h) 0.005 mg/l silver,'
(1) 0.05 mg/l total chromium; or
�) 0.175 mg/1 zinc.
(k) 40 mg/l Total Kjeidahl Nitrogen
(1) 200 mg/l Oil and grease (animal and vegetable origin)
(m) 25 mg/l Oil and grease (petroleum and mineral origin)
(C) No user shall increase the use of process water or in any way attempt to dilute a
discharge as a partial or complete snbstitLite for adequate treatment to achieve compliance
with this chapter. Equalization of process water is not to be construed as dilution.
(D) The Town. may impose mass (weight) limitations in the permits of users which axe
using dilution to meet applicable pretreatment standards or where the Town Manager
deems the imposition of mass (weight) limitation as appropriate-
(E) The spirit and intent of this section will apply in any situation involving liquid
wastes not specifically covered by this section.
(Ord. passed ) Penalty, see ` 52.999
52,018 RIGHT OF REVISION.
This Town reserves the right to establish limitations and requirements which are more
stringent than those necessary by either state or federal regulation if deemed necessary to
comply with the objectives promnted in this chapter.
(Ord. passed )
W64 U 0111to,MI oh1
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_
1S

(Ord., passed )
52.020 FLOW EQUALIZATION.
In order to promote equalization of flaws andlor BOD or SS loadings on the sewer
system., each person who discharges slug loadings of more than 40,000 gallons per 24-hour
day may be required by the Town to install and maintain at his or her own expense a
suitable storage or holding tank. The holding or storage tank and the outlet device
controlling the discharge of wastes to the san.itaiy sewer shall be approved by the Town
who will also determine the settings for the outlet control. device.
(Ord. passed )
' 52.021 MONITORING FACILITIES.
(A) To facilitate observations, flow measurements and sampling of liquid wastes
discharged to the Town's sanitary sever, any person who discharges or proposes to
discharge liquid wastes into the Town's sanitary sewer shall construct a suitable
monitoring facility, located on the building sewer and downstream from any pretreatment
works, provided.
(1) The BOD concentration exceeds 250 m94;
(2) The SS concentration exceeds 250 mg/lf
(3) The average flow per work day exceeds 25,000 gallons; or
(4) The manufacturing processes produce toxic or poisonous wastes such as, but
not Iimited to cyanides, heavy metals, insecticides, herbicides and the like.
(B) All industrial users subject to categorical pretreatment standards will also be
required to provide and operate, at the user's own expense, monitoring facilities for flow
measurement and any sampling required by the Town or the categorical pretreatment
standard. Plans for the location and construction of the control manhole and monitoring
facilities shall be approved by the Town prior to commencing the installation.
(C) In special and unusual ci.rcuinstances pertaining to the requirement that a
monitoring facility be installed, the Town, shall make disposition of those instances in
keeping with the intent of this chapter and the best interests of the Town.
(D) Any person who discharges or proposes to discharge polluted wastes other than
domestic sewage and who is not required to install monitoring facility shall provide a
standard manhole located on the building sewer or other approved access to the wastes.
(E) Certain categories of industries, who by virtue of the volume, strength or toxicity
of their waste water discharge, will be required. to fiirnish, install and maintain an
automatic sampler and flow meter of a type approved by the Town. Categories of industries
will include but not be limited to electroplaters, chemical manufacturers and any industry
required to pretreat their wastes prior to discharge.
I.Ir

(1{) Grease, oil, volatile liquids and sand interceptors shall be provided when, in the
opinion of the Town, these constituents are present in excessive amounts and may interfere
with collecting and treating of wastes. Intercepters shall be of a type and capacity ,"object
to approval by the Town, shall be located to be readily and easily accessible for cleaning
and inspection and shall be maintained at all times by the person discharging the wastes.
(G) Any person who is required under provisions of this section to install any of the
following structures, namely a bolding tank, monitoring facility, sewer manhole or other
approved access, an interceptor or any other pretreatment device, shall submit plans and
specification to the Town for approval within 3 months -following written notice of this
requirement.
(H) Within G months from the date of written approval of Submitted plans and
specifications by the Town, the device shall be completed and in operation.
(Ord. passed )
' 52.022 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.
Upon the promulgation of the federal categorical pretreatment standard for a
particular industrial subcategory, the federal standard, if more stringent than limitations
imposed under this chapter for :sources in that subcategory, shall immediately supersede
the limitations imposed under this chapter_ The Town shall notify all affected users of the
applicable reporting requirements under 40 C.F,R. ' 403,12,
(Ord. passed )
' 52.023 ACCIDENTAL DISCHARGES.
(A) Each riser shall provide protection from accidental discharge into the public sewer
system of prohibited materials or other substances regulated by this chapter. Facilities to
prevent accidental discharge of prohibited materials into the public sewer system shall be
provided and maintained at the owner or user's own cost and expense.
(B) The Town shall require an approved "Spill Control and Prevention Program" of all
users under permit and all users deemed by the Town to have significant pote-ratial for
accidental spills, such as users who at any time, use, consume, produce or store on their
premises any flammable, volatile, explosive or corrosive materials in excess of 52 gallons.
(C) A Spill Control and Prevention Program shall include: but not necessarily be
limited to:
(1) The submission of detailed plans showing facilities and operating procoduxes
to provide protection from spills prior to construction of new facilities;
(2) Procedures for immediate notification of the Town Manager or his or her
designee in case of accidental spills into the public sewer system. The notification shall
include location of discharge, type of waste, concentration autd volume and corrective
actions;
17

(3) TfVi tten notice. Within h daya following an accidental discharge into the public
server system, the user shall submit to the Town a detailed written report describing the
cause of the discharge and the measures to be taken by the 'aser to prevent similar future
occurrences. Notification shall not relieve fhe user of any expense, loss, damage or other
liability which may be incurred as a result of damage to the sewer system, kills or any
other damage to person or property; or shall notification relieve the user of any fines, civil
penalties or other liability which may be imposed by this section or other applicable law*,
and
(4) j'1rotice to employees. A notice shall be permanently posted on the user's
bulletin board or other prominent place advising employees whom to call in the event of a
dangerous discharge into the public sewer system. Employers shall ensure that all
employees who may cause or suffer a dangerous discharge to occur to be advised of the
emergency notification procedure of the specific user.
(Ord. passed )
' 52.024 APPEAL OF FINDINGS.
In the event of difference-, or disputes over findings, rulings or interpretations of this
chapter by the Town. Manager, an appeal may be made to the Town Council..
(Ord. passed. )
' 52.02b POWER AND AUTHORITY FOR INSPECTION
(A) The Town Manager or duly authorized employees shall inspect the facilities of any
user to ascertain whether the purpose of this chapter is being met and all requirements
are being compiled with. Persons or occupants of premises where wastewater is created or
discharged shall allow the Town ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination or in the
performance of any of their duties.
(B) (1) The Town, approval authority and the EPA shall have the right to set up on
the user's property devices that are necessary to conduct sampling inspection, compliance
mo-ni.torzn.g a.ndlor metering operations.
(2) Whew 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.
(3) In they event any authorised employee is refused admittance to the premises
for the above purposes or is hindered or prevented from making inspection, the water shall
be turned off and not turned on again until fiae access is permitted,
(Ord. passed )
18

WASTEYVATER DI'SCHARGR PERHITS
' 52.036 GENERAL.
(A) It shall be unlawful to discharge without a Town permit to any public sewer within
the Town. or in any area under the jurisdiction of the Town and/or to the POTW any
wastewater except as authorized by the Town in accordance with the provision of this
chapter.
(B) Any person who discharges or proposes to discharge any wastes into the ;unitary
sewers shall make application to the Town for a wastewater discharge permit. The Town
Manager shall approve applications only when evidence is submitted by the applicant that
discharge wilt comply with all requirements of this chapter.
(Orel. passed ) Penalty, see ' 10.99
' 52.036 PERMIT APPLICATION.
(A) All. sewer system users are required to obtain a wastewater discharge permit. Each
applicant shall complete and file with the Town an application in the form prescribed by
the Town and accompanied by a fee as prescribed. in a rate schedule adopted by Town
Council. Each domestic single-family residence shall complete and file a residential short
foraa wastewater discharge permit. All other wastewater users other than single family
residences shall complete the standard wastewater discharge permit application as
described below and shall also submit allinformation required by 40 C.F.R. ' 403_12.
Include information on the nature of the industrial processes on the premises. the
characteristics of the wastewater and its constituents, a statement regarding whether or
not the pretreatment standards are being zn.et on a consistent basis and if the pretreatment
standards are not being net consistently, the shortest schedule with which the user will
provide the necessary pretreatment and/or operation and maintenance to meet the
pretreatment standards. Permit application forms will be provided by the crown.
(B) The single-family residence short form application shall include the name and
address of applicant. location of site and number of bedrooms to be included in the home.
(C) All other applications shall also include the following support data
(l) Name, address and location of site;
(2) Standard industrial classification (SIC) codes for pretreatment, the industry
as a whole and any processes for which categorical pretreatment standards have been
promulgated;
(3) Analytical data on wastewater constituents and characteristics including but
not limited to those mentioned in. " 52.01.5 through 52.025 of this chapter, any of the priority
pollutants of the Act which the applicant knows or suspects are present in the discharge
as detormined by a reliable laboratory and any other pollutant of coucearn to the Town or
POTW owner; sampling and analysis shall. be performed
19

in accordance with procedures established by the EPA pursuant to' 304(g) of the Act and
contained in 40 C.F.R- part 136, as amended;
(d) Average daily and 30-minute peak wastewater flow rates, including daily,
monthly and seasonable variations if any;
(5) Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, floor drains, sewer connections, direction of flow and appurtenances by the size,
location and elevation;
(0) Description of activities, facilities and plant processes on the premises
including all materials which are, or could be accidentally or intentionally, discharged;
(7) Where known, the nature and concentration ofany pollutants in the discharge
which are limited by any Town, state or federal pretreatment standards and a statement
regarding whether or not the pretreatment standards are being met on a consistent basis
and if not, whether additional operation and maintenance (O&AI) andior additional
pretreatment is required for the user to meet applicable pretreatment standards;
(8) Each product produced by type, amount, process or processes and rate of
production;
(9) Type and amount of raw materials processed (average and maximum per clay);
(10)Number and type of employees and hours of operation of plant and proposed
or actual hours of operation of pretreatment system (if required); and
(11) if subject to a categorical standard, a baseline monitoring report in accoi dance
with 40 C.F.R. ' 403S 12 and 15A NCAC 2H. 0008 (a).
(Ord. passed )
' 52,037 APPLICATION REVIEW AND EVALUATION.
(A) The Town Manager or designee will evaluate the data furnished by the user and
may require additional information. The Towrn Manager or designee is authorized to accept
applications for the Town. If industrial pretreatment is required, the application shall also
be forwarded to the POTW owner for review and evaluation_ Within 30 days of receipt of
the application, the Town Manager or designee shall acknowledge receipt of the completed
application, or if not complete, shall return the application to the applicant with a
statement of -what additional information is xequirecl.
(B) The Town will evaluate the data furnished by the user and may require additional
information.
(C) After evaluation and acceptance of the data. furnished, the Town may issue a
wastewater discharge permit subject to tens and conditions provided herein..
20

(D) All wastewater discharge permit applications and user reports must be signed by
are authorized representative of the user and contain the following certification statement.
'II certify under penalty of law that this document and all attachments were prepared under
my di-rection 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 s-abmitted 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."
(Ord. passed
' 52.038 PERMIT MODIFICATIONS, CONDITIONS, DURATION AND TRANSFER.
(A) -within. 9 months of the promulgation of a national categorical pretreatment
standard, the wastewater discharge permit of users subject to standards shall be revised
to require compliance with the standard within the time frame prescribed by the standard.
Where a user, subject to a national categorical pretreatment standard, has not previously
submitted an application for a wastewater discharge permit, the user shall apply for a
wastewater discharge permit within 1€ 0 days after the promulgation of the applicable
national categorical pretreatment standard. In addition, the user with an existing
wastewater discharge permit shall submit to the director within 180 days after the
promulgation of an applicable federal categorical pretreatment standard the information
required.
(B) Wastewater discharge permits shall be expressly subject to all provisions of this
chapter and all other applicable regulations, user charges and fees established by the
Town. Permits may contain the following:
(1) Limits on the average- and maximum wastewater constituents and
characteristics;
(2) Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
(3) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards, for tests and reporting schedule,
(4) Compliance schedules:
(5) Requirements for submission of technical reports or discharge reports;
(6) Requirements for ma41taining and retaining users system records relating to
wastewater discharge as specified by flee Town and affording Town access thereto;
(7) Requirements for notification of the Town of any new introduction of
wastewater constituents or any substantial change in the voluine or character of the
wastewater constituents being introduced into the wastewater system;
21.

(8) Requirements for notification of slug discharges; andfor
(9) Other conditions as deemed appropriate by the Town to ensure compliance
with this chapter.
(C) Residential permits shall, be issued for the physical life of the structure as long as
the structure is used solely for residential purposes. All other permits shall be issued for a
specified time period, not to exceed 5 years. A permit may be issued for a period less than
a year or may be stated to expire on a specific date. The user shall apply for permit
reissuance a minimum of 1.80 days prior to the expiration of the user's existing permit. The
terms and Conditions of the permit may be subject to modification by the Town during the
term of the permit as limitations or requirements as identified in' 52.01.7 are modified or
other just cause exists. The user shall be informed of any proposed changes in his or her
permit at least 30 days prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule fbr compliance.
(D) No pennit renewal is requirod for residential users. All other wastewater
discharge permits are issued to a specific user for a specific; operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation without the approval of'the Town.
(Ord. passed )
52.039 CO1V1PLUNCE DATE REPORT.
Within 90 days following the: date for final compliance with applicable pretreatment
standards or, in the case of a new source, follow izig commencement of the introduction: of
wastewater into the POTW, any user suj)ject to pretreatment standards and requirements
shall submit to the Town a report indicating the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these process units in the
user facility which are limited bypretreairnent standards or requirements_ The report shall
state whether the applicable pretreatment standards or requirements are being mot on a
consistent basis and, if not, what additional O&M andfor pretreatment is necessary to
bring the user into compliance with the applicable pretreatment standards or
requirements. This statement shall be signed by an authorized representative of the
industrial user and certified to by a. qualified professional registered engineer.
(Ord. passed )
' 52.04€3 PERIODIC COMPLIANCE REPORT.
(A) Any user subject to a pretreatment standard after- the compliance date of the
pretreatment standard, or, in the case of a new source, after commencement of the
discharge into the POTW, shall submit to the Town during the rnonths of June and
December, unless required more frequently in the pretreatment standard or by the Town,
a report indicating the mature and concentration of pollutants in the effluent which are
limited by pretreatment standards. In addition, this report shall include a record of all
daily flows which during the reporting period exceed the average reported daily flow. At
22

the discretion of the Town and in consideration of factors such as local high or low flow
rates, holidays, budget cycles and the like, the Town Manager or designee may agree to
alter the months during which the above reports are to be submitted.
(B) The Town Manager or designee may impose mass (weight) limitations on users
which are using dilution to meet applicable pretreatment standards or requirements or in
other cases where; the imposition of mass weight limitations is appropriate. In those cases,
the report required by division (A) above shall include the mass of pollutants regulated by
pretreatment standards in the effluent of the user. These reports shall contain the results
of sampling and analysis of the discharge, including the flow and the nature and
concentration, or production and mass where requested by the Town, of pollutants
contained therein which are limited by the applicable pretreatment standards. The
frequency of monitoring shall be prescribed in the applicable pretreatment standard. All
analysis shall be performed in accordance with procedures established by the Regional.
EPA Administrator pursuant to f 304(9) of the Act and contained in 49 C.F.R. part 136 and
amendments thereto or with any other test procedures approved by the Administrator.
Sampling, shall be performed in accordance with the techniques approved by the Regional.
EPA Administrator.
(C) Each user, other than residential users, must notify the Town of any planned
significant changes to the user's operations or system which might alter the nature,
quality, quantity or volume of its wastewater at least 90 clays before the change. The Town
may require the user to submit information as may be deemed necessary to evaluate the
changed condition. The Town may issue a wastewater discharge permit or madif�, an
existing wastewater discharge permit in response to changed conditions or anticipated
changed conditions. For purposes of this requiz•ement significant changes include, but are
not limited to, flow increases of ` 0% or greater and the discharge of any previously
unreported pollutants.
(D) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of nonroutine, episodic nature, a aoncustomaay batch discharge or a slug load,
that may, cause potential problems for the sewer system., the user shall immediately
telephone and notify the Town 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-
(E) Within 6 days following the discharge, the -user shall, -Luiless waived by the Town
Manager or designee, submit ra detailed written report describing the cause(s) of the
discharge and the occurrences. 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 sewer system,
natural resources or any other damage to person or property; ,nor shall notification relieve
the user of any fines, penalti"-±s or other liability which may be imposed pursuant to this
chapter.
(F) Where 40 C.F.R. part 136 does not include -asampling or analytical technique for
the pollutant in question, sampling and analysis shall be performed in accordance with the
procedures set forth in the EPA publication, SampAlug and Analysis Procedures for
Screening of .Industrial E°fflu--ntQ fig• P-r a3ity Pollutants, April., 19 i r and amendments
thereto or with any other sampling and analytical procedures approved by the Regional
23

EPA Administrator.
(Ord. passed )
52.441 iNDUSTRLAL PRETREATMENT.
(A) Users shall provide nece-gew'y wastewater treatment as required to comply, with
this chapter and shall achieve compliance with all federal categorical pretreatment:
standards, except that where state or Town standards are more stringent, then the more
stringent standards shall apply; within the time limitations as specified by the federal
pretreatment regulations. Any facilities required to pretreat wastewater to a level
acceptable to the Town shall be provided, operated and maintained at the user's expense.
Detailed plans showing the pretreatment facilities and operating procedure shall be
submitted to the Town for review and shall be acceptable to the Town before construction
of the facility. The review of plans and operating procedures will 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 chapter. Any subsequent changes in
the pretreatment facilities or method of operation shall be reported to and be acceptable to
the 'Town prior to the user's initiation of the changes_
(B) If construction of pretreatment facilities or additional pretreatment facilities
andlor O&M will be required to meet the pretreatment standards, the shortest schedule by
which the user will provide additional pretreatment shall be undertaken. The completion
date in this schedule shall not be longer than the compliance date established for the
applicable pretreatment standard. The following conditions apply to this schedule:
(1) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the constructioli and operation
of additional pretreatment required for the user to meet the applicable pretreatment
standards. No increment in the schedule shall exceed 9 months.
(2) No later than 14 days following each elate in the schedule and the final date
for compliance, the user shall submit a progress report to the Town including, as a
minimum, whether or: not it complied with the increment of pxogross, the reason for any
delay and if appropriate, the steps being taken by the user to return to the established
schedule, In no event shall more than 9 months elapse between progress reports to the
Town. If pretreatment is necessary, special discharge limitations for the specific user may
be established by the Town of Bryson City and/or by the POTW owner.
(C) The Town may annually publish in a newspaper of goneral local circulation, a list
of the users which were not in compliance with any pretreatment requirements or
standards at least once during the 12 previous months. The notification may also
summarize any enforcement actions taken against the user(s) during the slams; 12 months.
(D) All records relating to compliance with pretreatment standards shall be made
available to officials of the EPA or approval authority upon request.
(Ord. passed)
24

52.042 CONFIDENTIAL INFORMATION.
(A) 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 Town that the release of the
information would divulge information, processes or methods of production entitled to
protection as trade secrets of the uses.
(B) 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 chapter, the national pollutant discharge elimination system
(NPDES) permit, state disposal ss=stem permit and/or the pretreatment programs;
provided, however, that 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.
(C) Information accepted by the Town as confidential Ball not be transmitted to any
governmental agency or to the general public by the; Town until a I.0-day notifieatioll is
given to the user.
(Ord. passed)
' 52.043 HARMFUL CONTRIBUTIONS.
(A,) The Town may suspend the wastewater treatment service and/or a wastewater
discharge permit when suspension is necessary, in the opinion of the Town, in order to stop
actual or threatened discharge which. presents or may present imminent or substantial
endangerment to the health or welfare of persons, to the environment or cause interference
to the POTW, which results or could result in a violation of any condition of the POW's
NPDES permit.
(B) W Any person notified of a suspension of the wastewater treatment service
and/or the wastewater discharge permit shall immediately stop or eliminate the
contribution. in the event of a failure of the persons to comply voluntarily with the
suspensions order, the Town shall take steps as deemed necessary including im. mediate
severance of the sewer connection., to prevent or minimize damage to the POTW system or
endangerment to any individuals.
(2) The Town Manager shall reinstate the wastewater discharge permit and/or
the wastewater treatment service upon proof.' of the elimination of the non -complying
discharge. A detailed written statement submitted by the user describing the cause of the
harmful. contribution and the measures taken to prevent any future occurrences shall be
submitted to the Town Manager or designee within la lays of the date of occurrence.
(Ord. passed )
25

52.044 ENFORCEMENT.
Any user who violates the following conditions of this chapter, or applicable state and
federal regulations, is subject to having his or .her permit revoked in accordance with the
procedures of this chapter
(A) Failure of a uses: to factually report the wastewater constituents and
characteristics of his or her discharge;
(B) Failure of the user to report significant changes in openitions, or wastewater
constituents and characteristics;
(C) Refusal of reasonable access to the user's promises for the purpose of inspection or
monitoring; or
(D) Violation of conditions of the permit.
(Ord. passed )
' 52.045 NOTIFICATION OF VIOLATION.
Whenever the Town. finds that any Buser has violated or is violating this chapter,
wastewater contribution permit or any prohibitions, limitation of requirements contained
herein, the Town may serve upon the parson a written notice stating the nature of the
violation. Within 30 days of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the Town by the user.
(Ord. passed )
' 52.046 SHOW CAUSE HEARING; TRANSCRIPT.
(A) (1) The Town may order any Laser who causes or allows an unauthorized discharge
to show cause before the Town Board of Aldermen why the proposed enforcement action
should not be takers. A notico shall be serviced on the user specifying the time and place of
a hearing to be held by Town Board of Aldermen regarding the violation, the reasons why
the action is to be taken and the proposed enforcement action. The notice of the hearing
shall be served personally or by registered or certified snail (return receipt requested) at
least 10 days before the hearing. Service may be made on any agent or officer of a
corporation.
(2) The Town Board of Aldermen may itself conduct the hearing and take the
evidence, or may designate any of its members or any officer or employee of the Town to'
(a) Issue in the name of the Town Board of Aldermen notices of hearings
requesting the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in the hearings
26

(b) Take the evidence and/or
(c) Transmit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendations to the flown Board of Aldermen for action
thereon.
(B) At any hearing held pursuant to this chapter, testimony taken must be under oath
and recorded stenographically. The transcript, so recorded, will be made available to any
member of the public or any party to the hearing upon payment of the cost for reproducing
the transcript.
(Ord. passed )
` 52.047 ORDERS.
After the Town Board of Aldermen has reviewed the evidence, it may issue an order to
-the user responsible for the discharge directing that, following a specified time period, the
server service be discontinued unless adequate treatment facilities, devices or other related
appurtenances shall have been installed on existing treatment facilities, devices or other
related appurtenances are properly operated. Additional orders and directives, as are
necessary and appropriate, may be issued.
(Ord., passed )
' 52.048 LEGAL ACTION.
If any person discharges sewage, industrial wastes or other wastes into the Town's
wastewater system contrary to the provisions of this chapter, federal or state pretreatment
requirements or any order of the Town, the Town Attorney may commence an action. for
appropriate legal andlor equitable relief in the appropriate court of this state.
(Ord. passed )
SEWER SER Y 1 fJ11 l Li:JQ UIRL' ML'lWl L7
' 52.063 APPLICATION FOR SERVICE.
(,A) -Application for sewer service shall be made in person., at Town hall and at the
same time, if required, the user shall make the deposit guarantee required by the Town.
A site inspection will also be required from. �)n authorized agent of the Town.
(B) The Town may reject any application for service not available tuider a standard
rate or which involves excessive service cost:, or which may affect the supply of service to
other customers or for other good and sufficient reasons, in which case the deposit will be
refunded.
(C) The Town may reject any application for service when the applicant was
delinquent in payment of bills incurred for service previously supplied at any Town
27

location. The Town shall not be required to render service to any applicant where the sewer
bill for service previously supplied has .not been. paid.
(Ord. passed )
' 52.064 MINIMUM CHARGE.
The minimum charge, as provided in the rare schedule, shall be made for each service
installed, regardless of location.
(Ord> passed )
52.065 RATES, DEPOSIT SCHEDULE AND TAP FEES.
A schedule of all rates and tap fees authorized by this chapter shall be adopted and
revised fi~om time to time by resolution of the Town Board of Aldermen upon
recommendation of the Town Manager. A copy of the current schedule of rates shall be kept
on file in the Clerk's office.
(Ord. passed)
' 52.066 SEWER SERVICE CHARGE.
(A) For the purpose of deft-aying a portion of the expense of maintaining and operating
the public sewers system, there shall. be a sewer service charge levied and collected monthly
in respect to all. property in which there is a. sewer connection with the public sewer system.
The rate for sewer service is set forth by a rate schedule adopted by Town Board of
Aldermen. The occupants of the premises shall be liable for the payment thereof. Charge
shall be added to each water bill monthly and shall be payable at the time that the water
bill is payable.
(B) Any new commercial, industrial or residential account which is connected to the
public sewer system shall also receive potable water from the Town of Bryson City when
water is available. Where water is NOT available (Sec Policy -Sewer Only Account), all
customers who receive public sewer service shall be charged a monthly flat fee for sewer
service in accordance with the most current vate schedule or may have a meter on their
well (See attached policy -Procedure for Users with Unmetered Wastewater)
(Ord, passed. )
' 52.067 SURCHARGE.
(A) In order- that all sewer users bear their equitable share of costs for the collection
and treatment of sewage, a monthly surcharge shall be imposed where the concentration
of BOD or SS exceeds the limits as herein before proscribed. The amount of the monthly
surcharge will be determined by calculating the excess BOD and SS concentration above
the permissible limits of 250 mgll BOD and 250 mg/1 SS, according to the following formula:
(1.) The number of hundreds of pounds of constituent (BOD or SS) subjectto the
surcharge will be determined by: P=U x C x 0.00834 divided by 100.

Sewer Only Account
Policy
Sewer only connections are permitted on a case -by -ease basis where Town water is not
available.
The following initial steps must be taken:
1) The owner must fill out an application with the Town. of Bryson City.
2) Schedule a site visit with the Public Works Director or Maintenance Foreman to see if
sewer is available.
3) Provide a plat of the property.
4) Owner requests to be placed on Board meeting agenda to request approval.
ff permission is granted by the Board for a sewer only account, the following steps
must be taken:
1) Payment of tap fee and deposit (Based on Fee Schedule adopted annually by the
Board).
2) Account MUST stay in property owner's name
Action if account becomes delinquent;
1 j A disconnect notice Will be sent on any account where any amount is owed on- 31d
montb-
2) If payment is not received within date specified on letter (usually 2 weeks), a certified
letter notifying the property owner of lien to be placed on property within 10 days if
payment is not received in the amount specified in letter.

Procedure for Users with Unmetered Wastewater
Any person discharging waste into public sewer which procures all or any part of his water From
sources other than the water department of the Town must adliere to this procedure, The per -son
discharging the waste can install and monitor at his/her expense a water meter approved by the
water department. All unmetered wastewater usage will be set by 1 SA NCAC 02T.0114 2006.
The Town will require all meters to be inspected annually.
Procedure for installation of meters:
1. Request and receive approval from the Town Manager.
2, Submit for approval of water department the type of meter, with specifications, design and
layout of system to be installed; maintenance and replacement schedule.
3. During installation of system allow for inspection of installation by Town, with final approval
of systcan before going fatly operational.
4, Provide written right of entry to the Town to .inspect said meter and take readings.
5. Provide maintenance and repair records at least annually, or as requested by the Town.
Should owner fail to maintain or honor said agreement, the usage would convert back to an
unmetered wastewater system.

(2) Where
(a) P=Pounds of constituent (BOD or SS) in hundreds.
(b) U=Units of wastewater discharge (1 unit-1,000 gallons).
(c) C=Concentration of constituent in wastowater in mgll in excess of 2,50 for
BOD, or 250 for SS_
(d) 0,00834 =Weight of wastewater (million pounds per 1,000 gallons).
(3) The amount of the surcharge will be calculated by: ST=Rl x P1 +R2 x P2
(4) Where:
(a) ST=Total surcharge.
(b) R1 =Surcharge rate per CWl" BOO.
(c) R2=Surcharge rate per CWT SS.
(d) P1 =Pounds of BOD in hundreds.
(e) P2=Pounds of SS in hundreds.
(f) R1 and R2 are determined by a system of user charge,,;; and are set forth
in a rate schedule adopted by Town Council.
(B) The Town Board of Aldermen, in a meeting with the Town Manager, will
periodically review the actual cost of operation and maintenance of the severer system and
adjust the surcharge rate to reflect the true cost of constituent treatment. Adjnatm.ent, if
any, may become effective with the next billing period following.
(C) The volume of flow used in calculating the amount of surcharge will be based upon
the metered water consumption as shown in the records of meter readings. Where
satisfactory evidence can be produced that more than 10% of the total annual volume of
water mnsumed does not return to the public sewer, water may be metered separately,
subject to the approval of the Town Manager and excluded from the surcharge
computation.
(Ord. passed }
' 52.068 SAMPLING AND TESTING PROCEDURES.
(A) Each person discharging liquid wastes into the public sewer shall be subject to
periodic inspection to determine the character and concentration of wastes. The
concentration of the BOD and SS shall be determined by the Town in a manner to provide
a typical, representative sample.
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(B) The costs incident to the supervision, .inspection, sampling and analysis for regularly
scheduled samplings shall be included in the, surcharge fees. The Town shall also make
inspection and tests immediately after any significant process changes which may affect
the quantity or duality of wastes discharged.
(C) The frequency of sampling shall. be as required by the Town Manager but no less
than the following:
(1) When the amount of the surcharge is $520 or less per month, samples shall be
taken twice per year.
(2) When the amount of the surcharge; is between $520 and $1,O00 per month,
samples shall be taken 3 times per year.
(3) When the amount of the surcharge; is greater than $1.,000 Per anontb. samples
shall be takerx 4 times per year.
(D) The Town, upon request by the industry concerned, shall make available a split
sample of the composite sample collected. If the industry feels the results are not
representative of their wastes, the Town will resanaple at a cost to the industry of $100 per
day which will include the analyses for BOD and SS. The values determined from any
resampling shall be used for future billings (or until the results of the next sampling are
made) but will not. be retroactive for any prior billing.
(E) Samples fyoiu ixionitoring facilities will be composited according to flow. All other
sampling will be conducted in a manner proscribed by the Town Manager or designee.
M Tests and analyses of wastewaters shall be made, in accordance with procedures
contained in the latest edition of Standa -d fathod,,; fay the f'xrrmimltron of Wales• amid
Wastewateras published jointly by the American Public Health Association, the American -
Water Works Association and the Water Pollution Control Federation.
(Ord, passed )
' 52.069 TOWN'S R,ESPONMILITY AND LIABILITY.
CA) The Town shall install a service hi7f', f'oin its collection main to the edge of the
right -of way of the main, for which a tap fee, based upon serve line sire required, shall be
charged.
(B) The Town may install a sewer cleanout at the approximate curly line, or, at the
Towr's option, on the consumer's property or in a location mutually agreed upon.
(C) When. 2 or more services are to be installed on the: same promises for different
consumers, they shall be closely grouped and each clearly designated to which consumer it
applies.
(D) The Town does not assume responsibility for inspecting the consumer's piping or
apparatus and will not be responsible therefore.
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(E) The Town shall not be liable for damage of any kind whatsoever resulting from
water or the use of water on the consumer's premises. The Town shall not be responsible
for any damage done by or lesulting from any defect in the piping, fixtures or appliances
on the consumer's premises. The Town shall not be responsible for negligence of third
persons or forces beyond control of the Town resulting iii any interruption of service.
(F) Under normal conditions, the consumer will be notified of any anticipated
interruption of service.
(Ord, passed )
' 52.070 CONSUMEWS RESPONSIBILITY.
W (1) Piping on the consumer's premises must be so arranged that the: connections
are conveniently located with respect to the Town's service lines or mains.
(2) If the consumer's piping on consumer's premises is so arranged that the Town
is called upon to provide additional services, each service will be considered as a separate
and individual account.
U The consumer's piping and apparatus shall be installed and maintained by the
consumer at the consumer's expense in a safe and efficient manner and in accordance with
the local building code.
(4) The consumer shall guarantee proper protection for the Town's property
placed on the consumer's premises and shall permit access to it only by authorized
representatives of the Town.
(6) In the event that any loss or damage to the property of the Town or any
accident or it&.ry to persons or property is caused by or rosults from the negligence of the
consumer, his or her agents or employees, the cast of the necessary repairs or replacements
shall be paid by the consumer to the Town; and any liability otherwise resulting shall be
assumed by the consuier.
(6) The amount of loss or damage or the cost of repairs shall be added to the
consumer's bill; and if not paid, service may be disconnected by the Town.
(7) After the specific customer's application for service is approved, the custainer
shall pay the appropriate tap fee before the specific tap is constructed or the customer is
allowed to connect his or her plumbing piping,
(8) Each individual unit will be charged a separate tap fee.
(0) Consumers are prohibited from allowing tither consumers. to connect to their
private service line. All connections trust be approved by the Town and connected directly
into the Town's sewer system:.
(Ord. pars

' 62.071 EXTENSIONS TO MAINS AND SERVICES.
(A) Sanitary sewer lines to serve undeveloped property will be handled as follows:
(1) The developer shall design all sewers to serve both the subject property and
the full drainage area tributary to the sewer system. The development may be required
to extend sewer lines to the borders of the development or provide easements to the Town
to allow for future extensions of the collection systenx.
(2) The development will submit flans and specifications for review and approval
by the Town and Division of Environmental Quality (DEQ).
(3) The developer will install the lines in accordance with the approved plans and
specifications.
(4) Upon completion of the new extensions the developer will deed the complete
facility, to include all rights -of -way, easements, permits and other instruments needed for
the operation and maintenance of the facility to the Town.
05) The Town may participate in the cost of any oversizilrg of lines required to
serve land area or improvements beyond the development. Should the Town require
sewer lure extensions (off•szte or an -site larger in sire than required by the applicant), the
Town may pay for that portion of material cost over and above such requirements. Also,
clue allowance may be made to the owner of the development for intersections and alleys
crossed, outside the development.
(B) Extension of sewer lines to sorve other customers within the Town's service area
will be handled as follows*
(1) The plans and specifications for the extension will be submitted for review and
approval by the Town and the respective state agencies.
(2) The lines will be installed in accordance with the approved plans and
specifications.
(3) Prior to or upon completion of the new extension, all rights -of -way, easements,
permits or other instruments needed for installation, operation and maintenance of the
facility, will be deeded to the Town. The cost involved in the new extension will be paid by
the person or persons requesting the extension.
(Ord. passed )
' 52.072 ACCESS TO PREMISES.
(A) Duly authorized agents of the Town shall have access at all reasonable hours to
the premises of the consumer for the purpose of inst<111ing or removing Town property,
inspecting piping or for any other purpose in connection with the Town's service facilities.
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(B) Each consumer shall grant or convey or shall, cause to be granted or conveyed, to
the Town a perpetual easement and right-of-way across property owned or controlled by
the consumer wherever the perpetual easement and right-of-way is necessary for the
Town's utilities so as to be able to furnish service to the consumer.
(Ord. passed )
' 52.073 CHANGE OF OCCUPANCY.
W Notice must be given in person or in writing, at the Towns office, to discontinue
service for a change in occupancy.
(B) Unless a meter has been placed on the well, the outgoingparty shall be responsible
for all sewer Used for the entire month based on the state schedule 15A NCAC 02T. 0114
2006.
(Ord. passed )
' 52.074 BILL-INC and COLLECTIONS.
(B) Bills for sewer service will be figured in accordance with the Town's published
rates that are in effect and will be based on the amount consumed for the period covered
by the meter readings.
(C) Charge for service conimences in aecoi:daz co with the conditions listed on the raze
schedule and fees sheet.
(13) Bills are due when rendered in accordance with the standard procedures of the
duly authorized billing agency. Customers who axe delinquent in payment of bills shah be
subject to applicable penalties and fees defined in the Town.'s most current rate schedule
and/or discontinuance of service policy.
M Failure to receive bills or notices shall not prevent bills from becoming delinquent
or relieve the consumer from payment.
(Ord. passed )
' 52.075 SUSPENSION OF SERVICE.
(A) Wben services are voluntarily discontinued by the customer and all bills are paid. -
the deposit will be refunded.
(B) Upon discontinuance of service for nonpayment of bills, the deposit will be applied
by the Town toward, settlement of the account. Any balance will be refunded to the
consumer; but if the deposit is not sufficient to cover the bill, the Town will proceed to
collect the balance in tho usual way provided by law for the collection of debts.
(C) Service discontiriucd for nonpayment of bills will be restored in accordance to the
33

Town polio- for delinquent accounts.
, 52.909 CIVIL PENALTIES.
(A) .Any user who is found to have violated an order of the Town Board of Aldermen or
who willfully or negligently failed to Comply with any provision of this chapter and the
orders, rules, regulations and permits issued hereunder. shall be fined not less than $100
nor more than $10,000 for each day of violation. Each day on which a violation shall occur
or continue shall be deemed a separate and distract, offense. I.n addition to the penalties
provided herein, the Town may recover reasonable attorneys' fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit at law against the person
found to have violated. this chapter or the orders, rules, regulations and permits issued
here -under.
(B) Any person who knowiligly makes any false statements, representation or certification
in any application, record, report, plan or other document filed or required to be maintained
pursuant to this chapter, or wastewater discharge permit, or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required under this
chapter shall, upon conviction., be punished by a fine of not more than $1,000 or by
imprisonment for no more than 0 months or by both.
(Ord. passed
34