WQCS00238_Response to Notice_20210915

FITCH CREATIONS, INC.
FEARRINGTON VILLAGE
November 11, 2021
N(' Dept of Environmental Quality
5 2021
Ms. Vanessa E Manuel NOV 1
Assistant Regional Supervisor
Water Quality Regional Office Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
RE: Compliance Evaluation Inspection
Fearrington Village Collection System
WWCS Permit No. WQCS000238
Chatham County
Dear Ms. Manuel:
In response to your letter of September 15, 2021, we respectfully submit the following response to our
inspection by Alys Hannum and Stephanie Goss on August 10th, 2021.
442 Please find enclosed a draft of a Sewer Use Ordinance for Fearrington Utilities. Fearrington
Utilities services approximately 1400 residential customers and 2 commercial complexes all
strategically located within Fearrington Village/Galloway Ridge. Fitch Creations is currently the
only developer utilizing Fearrington Utilities for the new homes built in Fearrington Village.
We request your approvai of this SUO.
tt3 Our current FOG program consists of semi-annual mailings of a Grease Letter sent to all users of
Fearrington Utilities;one sent with annual billing and another mailed in June/July of each year.
In addition,we would like your approval on the below:
Fats,Oil and Grease Management/Food Service Assessment Checklist(Exhibit A). This form will
be utilized by personnel of Fearrington Utilities to perform an assessment of the commercial
kitchens we service. We will provide each establishment with the Grease Control Operations
Checklist as a training tool for their staff. This inspection will provide us with information
required to monitor our commercial customers.
We will provide each Commercial Customer with the Grease Trap/Interceptor Visual Inspection
Form(Exhibit 8)and request this visual inspection be performed semi-annually and a copy
provided to Fearrington Utilities within 30 days of inspection.
Each commercial property will also be provided a copy of Grease Trap/Interceptor
Cleaning/Maintenance Record and Waste Manifest(Exhibit C). These forms will be prepared
each time grease traps are serviced and will require appropriate signatures by kitchen manager,
Fitch Creations Inc.
zaoo Fearrington Village I Pittsboro, NC 27312 I P: 919.542.400o I F: 919.542.4oz° I
www.learrington.com

2•1 Page
Fearrington Utilities Personnel and Serv'ce provider. Once copy to be retained by Commercial
Customer and two copies will be retained by Fearrington Utilities.
#4 Please accept and approve the enclosed Capital improvement Plan for the Sewer Collection
portion of our sewer Operations
We respectfully submit these recommendations for approval to address our permit requirements.
Thanking you in advance for your review.
Sincere4
R. B. Fi
Presid
c/ John Poteat
Ronnie Wright

•
Nr berg of "v"c�mental Qualitti
FEARRINGTON UTILITIES
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2021
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#, A LITTLE GREASE CAN CAUSE BIG
k.uti ..,:,' PROBLEMS!
Druis Igo
The permit we hold from the State of North Carolina to operate our wastewater system and plant mandates
rules and regulations by which we are required to follow.
As part of our permit requirements we must maintain grease traps on all Fearrington Village restaurant
establishments to prevent grease from entering the sewer system. Fearrington homeowners also have a
critical role to play in maintaining a"grease free" sewer system by reducing the amount of fats, oils and
grease. We all need to help protect our community and the environment by preventing sewer back-ups
and over-flows.
Grease can enter the sewer system at virtually any point, including your kitchen sink. You might think
that it can't do any harm to allow a small amount of grease to go down the drain as you're cleaning up,
especially if you rinse with very hot water. But hot water
cools quickly, and so does hot grease. When it cools, it Where does grease come
solidifies. Imagine that tiny amount of grease that slips down from?
your drain multiplied several thousand times solidifying as it
cools, sticking to the insides of sewer pipes, trapping food Most of us know grease as a byproduct
particles and all kinds of other debris in the wastewater. Over of cooking. Grease is found in such
time, this messy mass can grow until the flow of water is things as
obstructed and sewage begins to back up.
V Meat Fats
Home garbage disposals do not keep grease out of the ✓ Lard
plumbing system. These units only shred solid material into .' Baking goods
smaller pieces and do not prevent grease from going down .r Cooking Oil
the drain Commercial additives, including detergents that 1 Shortening
claim to dissolve grease may pass grease down the line and ,' Sauces
cause problems in other areas. ✓ Butter and margarine
V Food scraps
The results of a grease blocked sewer pipe can be: ✓ Dairy Products
• Raw sewage overflowing in your home or your
neighbor's home
• An expensive and unpleasant cleanup that often must be paid for by you, the homeowner
• Potential contact with disease-causing organisms
(Continued on back)

• An increase in operation and maintenance costs the sewer department, which causes high
sewer bills for customers
Here are a few steps you can take to help prevent this problem:
• Do not put dairy products, fats, oil, grease or greasy foods down the garbage disposal or drain
• Freeze small amounts of fats, oils and grease in a lidded container and dispose of it in a trash
receptacle
• Mix small amounts of cooking oil with an absorbent material such as cat litter or coffee grounds,
place it in a lidded container and dispose of it in a trash receptacle
• Wipe additional grease from pots, pans, and plates with a paper towel before placing them in the
sink or dishwasher
What else should NOT go down the drain?
While we're talking about the health of our wastewater system, please do not put the following items
down the drain:
• Paper towels, disposable(and cloth)diapers, and feminine products cause a great deal of
problems in the property owner's line as well as in the main. These products do not deteriorate
quickly as does bathroom tissue. They become lodged in portions of the lines where there is an
accumulation of any type of debris, and dam up the line, causing sewer backup. These products
should be disposed of in the garbage can.
• Chemicals: Though they may not clog your sewer line, most chemicals cannot only cause
damage to your sewer line,they can make it difficult to treat the wastewater. These include:
✓ Antifreeze ✓ Cleaners/solvents
✓ insecticides ✓ Herbicides
✓ Fertilizers V Pool Chemicals
✓ Paint/thinners I Used Motor Oil
✓ Fuels ✓ Hobby Supplies
✓ Pesticides
Following the above guidelines can also save you time and money. A great percentage of sewer
problems occur in the lines from a house to the main sewer connection. In the event of a sewer problem
you would be inconvenienced by not being able to utilize the sewer system in addition to, bearing the
expense of the costly repairs to the individual sewer lines connecting your home to the current system
In the event you notice sewage spill within our system area, please contact our offices with location and
details at 919-542-4000.
Help us keep grease out of sinks and drains before it becomes a nuisance.
July 1, 2021
rpe
FITCH CREATIONS, INC.
FEARRINGTON VILLAGE

•
NC llept of Fnvironmenta! Quality
Fats, Oil and Grease Management igh NOV 2
Food Service Assessment Checklist
•
Rale kcgiol�al Uff
itir
This checklist will help identify sources of fats, oil and grease and how ice
they are being managed. By completing this checklist, the surveyor will
know if current practices are adequate to minimize FOG discharges to
the municipal sewer system.
grease Gelb
General Food Service Establishment Information
1 Facility Name: Date:
2. Facility Address
3. Facility Owner: Facility Manager
4. Type of food service operation(cafe, cafeteria): _ _ -
5. Responsible person/organization:__ -.-.._ . . .
6. Hours of operation: _ -- -
7. Number of meals served/day:_
S. Number of seats:
Fats, Oil and Grease Trap/Interceptor
1. Type(under the sink, in-ground,automatic):
2. Number of units:_ __ _
3. Size: gallons
4. Location:
Grease Trap/Interceptor Maintenance
1. Pump out schedule(monthly,weekly,etc):
2. Pumper/service provider:,
3. Yes No Maintenance log available on-site
4. Yes No Is management observing pumping to ensure it is done
properly?
5. Yes No Does service include complete pumping/cleaning of the trap
and sample box, not just removing the grease layer?
6. Yes No Is the vault refilled with clean water, not with water already
pumped out?
7. Yes No Are enzymes/bacteria used? If yes, vender
name
Kitchen Equipment/Devices
Are the following kitchen devices plumbed to discharge to the grease
trap/interceptor?
1. Yes [ Noi ' Dishwashers
2. Yes No Pot sinks,multi-compartment sinks, mop sinks, pre rinse
sinks
3. Yes No! ; Floor drains
4. Yes 'No Food steamers
5, Yes 'No ! Food grinders/pulpers
6. Yes No , Steam kettle(s)
7. Yes ,No Can washer(s)
Other:

Are the following cleaned or maintained periodically? Is the cleanup water
d!scharged to the grease trap? If not, where is it discharged?__,_ __
1. Yes I No Exhaust hoods and filters
2. Yes No Floor mats, floors, and grit tops
3. Yes i No Exterior of the grease traps/interceptor
4. Yes I No Dumpsters/trash cans
5. Yes No Parking lots, sidewalks,
6. Other
Dry Cleanup
1 Yes 0 No 0 Are serving wares, utensils or food preparation surfaces wiped
clean before washing?
2. Yes ❑No ❑ Do employees know not to allow FOG or food wastes into the
drains? Are employees instructed to use dry methods before using water for
cleanup?
3. Yes []No ❑ Are employees provided the necessary train;ng and tools (rubber
scrapers,brooms, absorbent materials for spills)for dry cleanup?
Spill Cleanup and Prevention
1. Yes I No I I Are cleanup kits in vis tile and accessible areas?
2. Yes I Nol I Are employees provided adequate conveyance methods/tools
(ladles, containers with lids)to prevent oil and grease spills while transferring
from inside the restaurant to the outside storage bin?
3. Yes ❑ No ❑is there a designated employee(s; to manage/monitor cleanup?
Employee Awareness Training
1 Yes ❑ No ❑ Have employees received training on BMPs for handling oil and
grease(spill prevention,dry cleanup,etc.)?
2. Yes No Are employees involved in keeping FOG out of the drains?
3. Yes No Are signs posted in key areas that remind staff to keep oil and
grease out of the drains?
4. Yes ❑ No ❑ Are new employees trained on FOG BMPs and existing
employees trained on a routine basis (quarterly)?
Grease Disposal
1. Yes No I Are the outside oil and grease storage bins kept covered?
2. Yes No Are the outside storage bins located away from Storm drains and
catch basins?
3 Yes ❑ No ❑Are Dumpsters and grease recycling bins cleaned and checked for
leaks often?
4. Yes ❑ No ❑Is there a spill prevention plan and materials available .n the event
of a spill?
Grease Management Contractors
1. Yes ❑ No ❑Does your hauler/renderer have the proper 'egal licenses and
permits to handle the oil and grease waste?
2. Who do contact when there is a problem? . _.
3. Yes ❑ No ❑Do you know how and where the waste grease is sent for final
disposal?

GREASE CONTROL OPERATIONS cxECKLIS_T
EXAMPLE
✓ Fats,oils,and grease come from food and can accumulate in the wastewater systems.
o Fats,oils,and grease have the potential to cause sewer backups and increase wastewater
treatment costs.
GI Under no circumstances should any food waste be disposed of into wastewater system
(including sinks and toilets).
o All waste fryer oil should be poured into a rendering tank,never down the drain or into
the toilet.
o Notify the supervisor when the rendering tank is half full. The supervisor is ultimately
responsible for the proper disposal (via the approved contractor)of the rendering tank
contents.
o All food waste should be disposed of in the proper container or trash can.
❑ All cookware, utensils, dishes, serving ware,and all other cooking supplies and
equipment should be scraped to remove all traces of food prior to washing, Waste
should be disposed of in the proper container or trash can.
o Soak up fats,oils, and grease under fryer baskets with food-grade paper and dispose of
in the trash can.
o Wipe down work areas with paper towels. Do not use cloth towels, as the accumulated
grease will enter the wastewater system when the towel is washed.
o Never dispose of solid waste, such as straws, napkins, and mop strings, down any drain.
These items should go into the trash can.
o At least two weeks in advance,post a schedule of all special events and hood cleaning
so that the wastewater system can be adjusted.
❑ Notify the supervisor if there is any problem with slow drainage of the wastewater or a
bad smell.Never"hot flush" the system by running large amounts of hot water down
the drain.
❑ Limit the use of additives. Infrequent,emergency use is acceptable;however, if the
routine use of additives is necessary, evaluate BMPs and/or make plans to correct the
plumbing.

4 , ( l U ; gept of Environmental Q
Nov 7 5
Grease Trap/interceptor Visual Inspection Norm
(To be completed by kitchen manager or delegate) Raleigh Regional Offit
Um( ID' Date of Inspection:
Building Number Inspector:
Building Name Phone Number:
' Non: Ars rs a vor:al ta.rprcivm.. Please do mit attempt to open the 1rd
further ml'on'ration or Naito 'tenon s required for a specific item,please check the corresponding boa
11 LIT ten orma-ion
} t . Are tie appropriate pollution prevention and best Management pracrices being fa'lowed? Yes No
is used grease from fryers and food preparation collected in grease recycling bins' Yes.No
Are excess grease and solids removed from equipment and dishes with dry methods(e.g.,scrapers towels)before rrnsing"Are Yes No
floors swept and cleared of food solids and debris before mopping or hosing down? Yns.Nu
If spilled grease=nil cleaned using dry methods(eg towels absorbents)/ Yes No
Are food solids from d ishes food preparation activities and hour or sink (taske.s%screens disposed of to the oast.
t r compost collection bins.rather than down the dram'' Yes No
W are.!f the answer in any ufirrrre questions is NO',appropriate pail:awn Pr evenrrnn and best management practicesure
MOT being rmplamnred.C'nrrract DPW A'NVfor more information regarding pallu/Wnpre eerurnn and heat management
prucrrces.
02. Are additives or drain cleaners that contain emulsifiers 4detergenis)andror degreasers added to the drams', Yes.No
n irtr Planar.rarnac-r DPW PNV for appnr.rol rf arklnir'n OM/drrr,r dinners if may are.rvrpvcvrd ql containing
einrdsifirrr and no degreatera.
Visual Inspection
0 7
! , Is there evidence that she unit is overflowing has overflowed recently, Yes No
Signs of an overflow include:grease•debr•s andtor greasy water accumulation near unit greasy soil
'f i'r.r,nanfy the DPW.
02. Does the unit appear to be operating properly' Yes Nu
it'maintenance r tryrnred.cnmoc!UPW'
Ocher Notes a Observations'
Airy immediate MarntenanceReparr Yes" 1rr0
Requtredl' Not fy lire DP" .mrnedrately
1F yes, swrorrarrze above action items•
Inspector Signature _ DateCompteted'

Building Number:
Building Name:
Inspector:
Phone Number _
7,+ ismuuct ac inspeeI i.n the lids oft/i (il ruin; be renur..er!or opened to riruble mutt!nnpecteurr of the isle:tor contpunerut
(anima .torlle r.tic are heavy FA-iafety,twn people should be present Jot'every tnspec'non
If oiler information of fol•ow up action is required for a spectfi,.Item please check the corresponding box
Visual Inspection
0 1 . is there evidence that the UI-s overflowing or has overflowed recently? Yes/No
Signs n:an overflow include grease/debrrs and/or greasy water accumulation near GI,greasy
02. visually inspect the depth of grease and solids,if applicable. Yes/No
Does the loot need to be cleaned? Yes/No
Does the unit appear to be operating properly?
Internal Inspection
NiCe Answer tiny rime yursoon% rho(Are applicoh/e In the Gl non being impacted
0 1 . Does the GI appear to be in good condition? Yes/No
Are there any visible cracks in the concrete walls or baffles° Yes/No/NA
Is there any significant rust or corrosson visible on titer,I 1 he chambers or components? Yes/NorNA
Dothe pipes or baffles appear to be broken,plugged or otherwise damaged? Yes/No;NA
Are the licks?and lid handles in good condition? Yes/No/NA
Please note any observations below.
❑2 Measure the depth of grease and sludge it.the ui it
Inset]the gauging suck all the way to the bottom of the unit to determine depth of fluid. Approximate the depth of sludge accunlu aced or the
bottom of the unit by noting the depdt at which a change in cons.stency is encountered Sludge depths may vary over the length of te,e unit _'sc
visual observation to approximate tie depth of grease accumulated on the surface.
Influent Chamber Second Chamber Effluent Chamber Other:
Grease in Grease in Grease. in. Grease: in
Sludge en Sludge: m Sludge •i Sludge. tit
1stc.uee a!h ck accumulation of grease,grease-than 50 percent of the total capacity of the GI? Yes:N:.
Is there a thick accumu!at on of so ids,greater than I/3 the total rapacity of the GI? Yes N:
•'.dii- leaning cchedrrr.nerrh in he rewwed
Other Notes or Observations:
Any Immediate Maintenance/Repair Requited? Ve#IVn
f yes.umrnanze above action items
;inspector Signature' Date Completed

Grease Trap/Interceptor Cleaning/Maintenance Record and Waste Manifest
PRINT NAME SIGNATURE DATE CERTIFICATION
KITCHEN — — certifI document MumisMister
olpdc nrtbe i dine[lo fede:.v
• SUPERVISOR regulntioas as hazardous warty
SERVICE [certify that materiels and serum:es detenbed
PROVIDER I this document are correct
•
I certify dt.t rrrr ices described in this dreement
iNSPECTOR were performed completely and correctly
RECORD OF SERVICE
Type of Service Event(Circle One):Skimming/Pump Out/Other
Waste Source:
Name:
•
Address: -
Pittsboro,North Carolina
Size of Grease Interceptor/Trap: - gallons
Total Volume Pumped and Removed from Site: __gallons
Description of Service:
Inc.ude all servvices performed(cleaned sohdn f Per.tcspected&cleaned balk tees.added deodorizer,added bieaugmenlation agent,checked vent,eat).
Waste Hauler:
Name:
Address:
City Stare Zip Code
Telephone:
Driver Name:
Destination of Discharge:
Name _ . .-- -—
Address' ... •
-now ZipCocW
I eptl:n•
LAS Permit#:
Permit Operator: _
Suggestions for Maintenance/Management:
Please retain one col % on premises for inspection and send two
copies to:
Fitch Creations, Inc.
d/b/a Fearrington Utilities
2000 Fearrington Village
Pittsboro,NC 27312

NC Dept of Environmental Qua
NOV 15 2021
Capital Improvement Goals Raleigh Regional Office
Fearrington Utilities is committed to devoting funds to maintain and improve the operation of
the Fearrington Utilities collection system. The collection lines will be cleared, inspected, and
repaired as necessary for safe and efficient operation. The pump stations will be regularly
inspected and maintained as required to sustain adequate pumping capacity as required by
State regulations. Equipment will be serviced and replaced following failure or prior to the end
of useful life.
Fearrington Utilities Service Area
Fearrington Utilities currently serves the Fearrington Planned Unit Development, The Woods
Subdivision and Whitaker Ridge Subdivision within Fearrington, Galloway Ridge, Henderson
Place Subdivision, and the North Chatham Fire Department station on US 15-501.

Projected Future Needs
FY 2021-2025
CAPITAL
IMPROVEMENT
PLAN
SUMMARY
COLLECTION
PERMIT
ANTIPCATE
D FUNDING FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 TOTALS
PUMP STATION
MAINTENANCE
(CLEANING) CASH $4,800.00 $4,800.00 $4,800.00 $4,800.00 $4,800.00 $24,000.00
LINE CLEANING CASH $5,283.00 $5,283.00 $5,283.00 $5,283.00 $5,283.00 $26,415.00
PUMP $27,000.0
REPLACEMENTS CASH 0 $27,000.00
MOWING OF
ROW LINES CASH $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $10,000.00
ROOF
REPLACEMENT
WEATHERSFIEL
D LIFT STATION CASH $2,200.00 $2,200.00
ROOF
REPLACEMENT
BARNSLEY LIFT
STATION CASH $2,000.00 $2,000.00
MISC
MAINTENANCE
&REPAIRS CASH $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $12,500.00
NEW FENCE
BARNSLEY AND
WEATHERSFIEL
D CASH $6,820.00 $ 6,820.00
$ 110,935.00

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
51.1 General provisions NC Dept of Environmental Quality
51.2 General sewer use requirements
NOV 1 5 2021
51.3 Fees
51.4 Wastewater discharge permit application and issuance Raleigh Regional Office
51.5 Reporting requirements
51.6 Compliance monitoring
51.7 Confidential information
51.8 Enforcement
51.9 Annual publication of significant noncompliance
51.10 Affirmative defenses to discharge violations
51.11 Private sewage disposal
51.12 Fats, oil and grease control
51.13 Severability
51.14 Conflict
51.15 Effective date
1

1,
FEARRINGTON UTILITIES--SEWER USE REQUIREMENTS
51.01 GENERAL PROVISIONS.
(A) Purpose and policy.
(1) This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for Fearrington Utility,hereafter referred to as the utility,and
enables the Utility 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).
(2) The objectives of this chapter are:
(a) To prevent the introduction of pollutants and wastewater discharges into the public
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 public 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 public system;
(d) To protect both utility 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 public wastewater system; and
(f) To ensure that the utility complies with its NPDES or non-discharge permit conditions,sludge
use, and disposal requirements and any other federal or state laws to which the public
wastewater system is subject.
(3) This chapter provides for the regulation of direct and indirect contributors to the public 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.
(4) This chapter shall apply to all users of the public wastewater system, as authorized by G.S. §§ 160A-
312 and/or 153A-275. The Utility shall designate an administrator of the public treatment works or
PTW and pretreatment program hereafter referred to as the PTW Director. Except as otherwise
provided herein,the PTW Director shall administer,implement,and enforce the provisions of this
chapter. Any powers granted to or imposed upon the PTW Director may be delegated by the PTW
Director to other Utility personnel.
(5) By discharging wastewater into the public wastewater system,industrial users located inside or outside
the Utility service area agree to comply with the terms and conditions established in this chapter,as well
as any permits,enforcement actions,or orders issued hereunder.This includes all industrial users
2

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
discharging in the wastewater collection system owned by any satellite PTW.
(B) Definitions and Abbreviations.
(1) Unless the context specifically indicates otherwise,the following terms and phrases, as used in this
chapter, shall have the meanings hereinafter designated:
(a) "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.
(b) "APPROVAL AUTHORITY." The Director of the Division of Water Resources of the
North Carolina Department of Environmental Quality or his or her designee.
(c) "AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER."
1. 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
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.
2. If the industrial user is a partnership or sole proprietorship,an authorized representative shall mean
a general partner or the proprietor, respectively.
3. 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.
4. The individuals described in division(B)(I)(c)1 through 3 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 Utility.
5. 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 PTW Director prior to or together with any
reports to be signed by an authorized representative.
(d) "BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the
3

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
biochemical oxidation of organic matter under standard laboratory procedures for five days at
20°C,usually expressed as a concentration (e.g., milligrams per liter (mg/1)).
(e) "BUILDING SEWER." A sewer conveying wastewater from the premises of a user to the PTW.
(f) "BYPASS." The intentional diversion of waste streams from any portion of a user's treatment facility.
(g) "CATEGORICAL STANDARDS." National categorical pretreatment standards or pretreatment standard.
(h) "CONTROL AUTHORITY." Refers to the PTW organization if the PTW organization's
Pretreatment Program approval has not been withdrawn.
1. "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.
2. "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.
(i) "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.
(j) "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
PTW (including holding tank waste discharged into the system).
(k) "INDUSTRIAL USER"or "USER." Any person which is a source of indirect discharge.
(1) "INTERFERENCE." The inhibition,or disruption of the PTW 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 PTW'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 PTW in
accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria,guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA)(42 U.S.C. 6901,et
seq.),the Clean Air Act (33 U.S.C. 1251 et seq.), the Toxic Substances Control Act (42 U.S.C.
2601 et seq.), the Marine Protection Research and Sanctuary Act (MPRSA) (33 U.S.C. 1401 et
seq.) or more stringent state criteria (including those contained in any state sludge management
plan prepared pursuant to Tide IV of SWDA) applicable to the method of disposal or use
employed by the PTW.
(m) "LIMITING METAL POLLUTANT." Any metal, such as but not limited to silver,cadmium,
chromium,copper, nickel, lead,and zinc,discharged into the sanitary system, which in comparison
to the concentration and characteristics of other metals discharged into the system, causes the
most interference with the operation of the PTW, and/or the most contamination of sludge for its
disposal or restage.
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
(n) "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.
(q) "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL
STANDARD." Any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific
category of industrial users, and which appears in 40 CFR Chapter 1,Subchapter N,Parts 405-471.
(r) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE
STANDARD." Absolute prohibitions against the discharge of certain substances; these
prohibitions appear in Section 02 Paragraph(A) and are developed under the authority of Section
307(b) of the Act and 40 CFR, Section 403.5.
(s) "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 which no other source is
located;
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 division(B)(1)(s)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:
i Any placement,assembly,or installation of facilities or equipment; or
u. 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.
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
(t) "NON CONTACT COOLING WATER." Water used for cooling which does not come into direct
contact with any raw material,intermediate product,waste product,or finished product.
(u) "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 G.S.§ 143-215.1 by the
state under delegation from the EPA.
(v) "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.
(w) "PASS THROUGH." A discharge which exits the PTW 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 PTW'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.
(x) "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.
(y) "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.
(z) "POLLUTANT." Any "waste" as defined in 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,Public,and agricultural waste and certain characteristics of
wastewater(for example, pH, temperature,TSS,turbidity,color, metals, BOD, COD, toxicity,and
odor).
(aa) "PTW DIRECTOR." The Utility Director or his or her duly authorized representative.
(bb) "PTW TREATMENT PLANT." That portion of the PTW designed to provide treatment to
wastewater.
(cc) "PRETREATMENT"or "TREATMENT." 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 pollution into a PTW collection system
and/or treatment plant. The reduction or alteration can be obtained by physical,chemical or
biological processes,or process changes or other means,except by diluting the concentration of
the pollutants unless allowed by an applicable pretreatment standard.
(dd) "PRETREATMENT PROGRAM." The program for the control of pollutants introduced into the
PTW from non domestic sources which was developed by the Utility in compliance with 40
CFR, Section 403.8 and approved by the approval authority as authorized by G.S. § 143-
215.3(a)(14) in accordance with 40 CFR 403.11.
(ee) "PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to
6

EEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
pretreatment, other than a pretreatment standard.
(ff) "PRETREATMENT STANDARDS." Prohibited discharge standards, categorical standards, or
local limit which applies to an industrial user.
(gg) "PUBLIC UTILITY TREATMENT WORKS (PTW)"or "PUBLIC 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 Utility. This definition includes any devices or systems used in the
collection, storage, treatment,recycling, and reclamation of Public sewage or industrial wastes of
a liquid nature. It also includes sewers,pipes,and other conveyances only if they convey
wastewater to the PTW treatment plant. For the purposes of this chapter, "PTW" shall also
include any sewers that convey wastewaters to the PTW from persons outside the service area
who are,by contract or agreement with the Utility,or in any other way, users of the Utility's
PTW.
(hh)"SATELLITE PTW." Utility,town or entity which the Utility has agreed to receive and treat their
wastewater.
(ii) "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.
(jj) "SIGNIFICANT INDUSTRIAL USER"or "SRL" An industrial user that discharges wastewater
into a Public treatment works and that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the PTW(excluding
sanitary,noncontact cooling and boiler blowdown wastewaters),or
2. Contributes process wastewater which makes up 5%or more of the NPDES or non-discharge permitted
flow limit or 5%of more of the maximum allowable headworks loading of the PTW treatment plant for
any PTW pollutant of concern,or
3. Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR chapter I,
Subchapter N,Parts 405-471;or
4. Is designated as such by the Control Authority,the Division Of Water Resources or the U.S.
Environmental Protection Agency(EPA)on the basis that the industrial user has a reasonable potential,
either singly or in combination with other contributing industrial users,for adversely affecting the
PTW's operation,or for violating any pretreatment standard or requirement,or for contributing to
violations of the PTW's effluent limitations and conditions in its NPDES or non-discharge permit,or
for contributing to violations of the PTW's receiving stream standard,or for limiting the PTW's sludge
disposal options,or
5. Subject to Division approval under I 5A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in paragraphs(1)and(2)above has no reasonable potential
for adversely affecting the PTW's operation or for violating any pretreatment standards or requirement,
or for contributing to violations of the PTW's effluent limitations and conditions in its NPDES or non-
discharge permit,or for contributing to violations of the PTW's receiving stream standard,or for
limiting the PTW's sludge disposal options,and thus is not a significant industrial user,or
7

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
6. Subject to Division approval under 15A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in Section 01 Paragraph(B)(1)(jj)3 above meets the
requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical industrial user.
7. Subject to Division approval under 15A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in Section 01 Paragraph(B)(1)(jj)3.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 CFR Parts 403.8(f)(2)(v)(C)and 403.12
(e)(3).
(kk) "SIGNIFICANT NONCOMPLIANCE" or "SNC."The status of noncompliance of a
significant industrial user or any industrial user which meets the criteria in Subparagraph(B)(1)(jj)
when one or more of the following criteria are met.
1. Chronic violations of wastewater discharge limits,defined here as those in which 66%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);
2. Technical Review Criteria(TRC)violations,defined here as those in which 33% 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);
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(1)(daily
maximum,long-term average,instantaneous limit,or narrative standard)that the control authority
and/or PTW determines has caused,alone or in combination with other discharges,interference or pass
through(including endangering the health of PTW personnel or the general public);
4. 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 PTW's,if different
from the control authority,exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B)
and Section[8.1(e)]of this SUP to halt or prevent such a discharge;
5. 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.
6. Failure to provide reports for compliance schedule,self-monitoring data,baseline monitoring reports,
90-day compliance reports,and periodic compliance reports within 30 days from the due date.
7. Failure to accurately report noncompliance.
8. Any other violation or group of violations that the control authority and/or PTW determines will
adversely affect the operation or implementation of the local pretreatment program.
(11) "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
PTW'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
8

FEARRINGTON UTILITIES-SEWER USE REQUIREMENTS
non-customary batch discharge; or any other discharges that can cause a violation of the
prohibited discharge standards in Section 02 Paragraph(A) of this chapter.
(mm) "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.
(nn) "STORM WATER," Any flow occurring during or following any form of natural precipitation
and resulting therefrom.
(oo) "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
(EPA Method 160.2).
(pp) "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.
(qq) "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 PTW.
(rr) "WASTEWATER PERMIT." As set forth in Section 04 Paragraph(B).
(ss)"WATERS OF THE STATE." All streams, rivers, brooks, swamps,sounds, tidal estuaries, bays,
creeks, lakes, waterways,reservoirs and all other bodies or accumulations of water, surface or
underground, natural or artificial,public or private, which are contained within,flow through,or
border upon the state or any portion thereof.
2. This chapter is gender neutral and the masculine gender shall include the feminine and vice-
versa.
3. Shall is mandatory;may is permissive or discretionary.
4. 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.
5. The following abbreviations when used in this chapter,shall have the designated meanings:
a. BOD - Biochemical Oxygen Demand.
b. CFR - Code of Federal Regulations.
c. COD - Chemical Oxygen Demand.
d. EPA - Environmental Protection Agency.
9

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
e. gpd - Gallons per day.
f. I- liter.
g. mg - Milligrams.
h. mg/l- Milligrams per liter.
i. G.S. - North Carolina General Statutes.
j. NPDES - National-Pollutant Discharge Elimination System.
k. O&M - Operation and Maintenance.
1. PTW - Public treatment works.
m. RCRA - Resource Conservation and Recovery Act.
n. SIC - Standard Industrial Classification.
o. SWDA - Solid Waste Disposal Act.
p. TSS - Total suspended solids.
q. U.S.C. - United States Code.
51.2 GENERAL SEWER USE REQUIREMENTS.
(A) Prohibited Discharge Standards.
(1) General Prohibitions. No user shall contribute or cause to be contributed into the PTW, directly or
indirectly,any pollutant or wastewater which causes interference or pass through. These general prohibitions
apply to all users of a PTW whether or not the user is a significant industrial user or subject to any national,
state, or local pretreatment standards or requirements.
(2) Specific Prohibitions.
(a) No user shall contribute or cause to be contributed into the PTW the following pollutants, substances,
or wastewater:
1. Pollutants which create a fire or explosive hazard in the PTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140°F. (60°C.)using the test methods
specified in 40 CFR 261.21.
2. Solid or viscous substances in amounts which will cause obstruction of the flow in the PTW
resulting in interference but in no case solids greater than/inch 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 12.5 or wastewater having any other
corrosive property capable of causing damage to the PTW or equipment.
5. Any wastewater containing pollutants, including oxygen-demanding pollutants,(BOD and the
10

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
like) in sufficient quantity, (flow or concentration) either singly or by interaction with other
pollutants to cause interference with the PTW.
6. Any wastewater having a temperature greater than 150°F. (66°C.), or which will inhibit biological
activity in the PTW 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 PTW 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 PTW Director in
accordance with division(I) of this section.
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 PTW's effluent or any other product of the PTW 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 PTW cause the PTW 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 containing any radioactive wastes or isotopes except as specifically approved by
the PTW Director in compliance with applicable state or federal regulations.
12. 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 PTW Director.
13. Fats,oils,or greases of animal or vegetable origin in concentrations greater than 100 mg/1
unless authorized by the PTW Director.
14. Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
15. Any medical wastes, except as specifically authorized by the PTW Director in a wastewater
discharge permit.
16. Any material containing ammonia,ammonia salts, or other chelating agents which will produce
metallic complexes that interfere with the Public wastewater system.
17. 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 PTW Director.
18. Any wastewater causing the treatment plant effluent to violate state water quality standards
for toxic substances as described in 15A NCAC 2B .0200.
19. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail
a toxicity test.
20. Recognizable portions of the human or animal anatomy.
11

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
21. Any wastes containing detergents,surface active agents, or other substances which may cause
excessive foaming in the Public wastewater system.
22. Any wastes causing two successive readings on an explosion hazard meter, at the point of
discharge into the system(or at any point in the system) to be more than 5%, nor any single
reading over 10% of the lower explosive limit(LEL) of the meter.
(b) 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 Public 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 PTW Director determines that a user(s) is
contributing to the PTW, any of the above enumerated substances in such amounts which may cause or
contribute to interference of PTW operation or pass through, the PTW Director shall:
I. Advise the user(s) of the potential impact of the contribution on the PTW in accordance with
Section 08 Paragraph(A); and
2. Take appropriate actions in accordance with Section 04 for such user to protect the PTW from
interference or pass-through.
(B) 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.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the PTW Director may impose equivalent concentration or mass
limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard,the PTW Director shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment standard if the user can prove,pursuant
to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical pretreatment
standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(C) Industrial Waste Survey and Local Limits.
(1) An industrial waste survey is required prior to a user discharging wastewater containing in excess
of the following average discharge limits:
300mg/1 BOD
300mg/1 TSS
800mg/1 COD
15mg/1 NH 3
0.003mg/1 arsenic
12

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
O.O03mg/1 cadmium
0.061 mg/1 copper
O.013mg/1 cyanide
O.049mg/1 lead
0.0001 mg/1 mercury
0.021 mg/1 nickel
O.005mg/1 silver
O.O5mg/1 total chromium
O.175mg/I zinc
(2) Industrial waste survey information will be used to develop user specific local limits when necessary
to ensure that the PTW's maximum allowable headworks loading is not exceeded for particular pollutants of
concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater
permits. The PTW Director may impose mass limits in addition to, or in place of,concentration-based limits.
(D) 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 chapter.
(E) Right of Revision. The Utility 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 01 Paragraph (A) or the general and specific prohibitions in division(A) of
this section,as is allowed by 40 CFR 403.4.
(F) 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 Utility or state.
(G) Pretreatment of Wastewater.
(1) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this
chapter and wastewater permits issued under Section 04 Paragraph (B) and shall achieve compliance with
all national categorical pretreatment standards, local limits,and the prohibitions set out in division(A) of this
section within the time limitations as specified by EPA, the state, or the PTW 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
Utility for review,and shall be approved by the PTW 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 Utility under the provisions of this chapter. Any
subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved
by the PTW Director prior to the user's initiation of the changes.
(2) Additional Pretreatment Measures.
(a) Whenever deemed necessary, the PTW 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
13

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other
conditions as may be necessary to protect the PTW and determine the users' compliance with the requirements
of this chapter.
(b) The PTW Director may require any person discharging into the PTW 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.
(c) Grease,oil,and sand interceptors shall be provided when, in the opinion of the PTW 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 capaUtility approved by the PTW 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.
(d) Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
(H) Accidental Discharge/Slug Control Plans.
(1) The PTW 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 01 Paragraph(B)(I)(ll).
All STUB must be evaluated within one year of being designated an SIU. The PTW Director may require any
user to develop, submit for approval,and implement such a plan or other specific action. Alternatively,the
PTW Director may develop such a plan for any user.
(2) All SIUs are required to notify the PTW Director 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 Section 05 Paragraph(E) and Section 05 Paragraph(F).
(3) An accidental discharge/slug control plan shall address, at a minimum,the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
Procedures for immediately notifying the PTW Director of any accidental or slug discharge, as required by §
51.05(F);and
(c) 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.
(I) Hauled Wastewater. N/A
(I) Septic tank waste may be introduced into the PTW only at locations designated by the PTW Director,
and at such times as are established by the PTW Director. Such waste shall not violate this section or any
other requirements established by the Utility. The PTW Director may require septic tank waste haulers to
obtain wastewater discharge permits.
(2) The PTW Director shall require haulers of industrial waste to obtain wastewater discharge permits.
The PTW Director may require generators of hauled industrial waste to obtain wastewater discharge
permits. The PTW Director also may prohibit the disposal of hauled industrial waste if he or she adopts a
14

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
uniform rule for determining which wastes are prohibited. The discharge of hauled industrial waste is subject
to all other requirements of this chapter.
(3) Industrial waste haulers may discharge loads only at locations designated by the PTW Director. No
load may be discharged without prior consent of the PTW Director. The PTW Director may collect samples
of each hauled load to ensure compliance with applicable standards. The PTW Director may require the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include,
at a minimum,the name and address of the industrial waste hauler,permit number,truck identification,
names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify
the type of industry,known or suspected waste constituents,and whether any wastes are RCRA hazardous
wastes.(J) Special Agreement. Any wastewater or wastes discharged by a user, which has characteristics
prohibited in this section,may be admitted into the sanitary sewers when the discharge is approved by the
PTW Director within the wastewater discharge permit as a special agreement.
51.03 FEES.
(A)_ Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the
Utility's wastewater disposal system 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 proposed by the PTW
Director and approved by the Utility Board. A copy of these charges and fees will be made available from
the PTW Director.
(B)_ 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 PTW.
(1) The user charge shall reflect at least the cost of debt service,operation and maintenance
(including replacement) of the PTW.
(2) Each user shall pay its proportionate cost based on volume of flow.
(3) The Utility Manager shall review annually the sewage contributions of users, the total costs of debt
service, operation and maintenance of the PTW and will make recommendations to the Council or Board
serving the Utility for adjustments in the schedule of charges and fees as necessary.
(4) Charges for flow to the PTW not directly attributable to the users shall be distributed among all
users of the PTW based upon the volume of flow of the users.
(C) Surcharges. All industrial users under special agreement with the Utility are subject to industrial
waste surcharges for COD, TSS,NH3-N, and limiting metal pollutant. The surcharges shall reflect the total
cost of treating the pollutant pounds of industrial waste. The method to determine the surcharge amount
shall consist of dividing the total budget cost for operating each unit process of the Utility's wastewater
treatment which is affected by COD, TSS,NH3-N, or limiting metal pollutant,by the total poundage of COD,
TSS,NH3-N, or limiting metal pollutant discharged to the wastewater treatment system during the preceding
fiscal year. The rates shall be adjusted more frequently if warranted. The amount of surcharge will be based
upon the mass emission rate (in pounds per day) discharged. The amount charged per pound will be set forth
in the schedule of charges and fees.
(I) The volume of flow used in determining the total discharge of wastewater for payment of user
15

FEARRINGTON UTIL'TIES SEWER USE REQUIREMENTS
charges and surcharges shall be based on the following:
(a) Metered water consumption as shown in the records of meter readings maintained by the Utility; or
(b) If required by the Utility or at the individual dischargers 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
Utility. The metering system shall be installed and maintained at the user's expense according to arrangements
that may be made with the Utility.
(c) Where any user procures all or part of his or her water supply from sources other than the
Utility,the user shall install and maintain at his or her own expense a flow-measuring device of a type
approved by the Utility.
(2) The character and concentration of the constituents of the wastewater used in determining surcharges
shall be determined by samples collected analyzed by the Utility. 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.
(3) The determination of the character and concentration of the constituents of the wastewater discharge
by the PTW Director or his or her duly appointed representatives shall be binding as a basis for charges.
_ (D) Pretreatment Program Administration Charges. The schedule of charges and fees adopted by the
Utility may include charges and fees for:
(1) Reimbursement of costs of setting up and operating the pretreatment program;
(2) Monitoring, inspections and surveillance procedures;
(3) Reviewing slug control plans, including accidental and/or slug load discharge procedures
and construction plans and specifications;
(4) Permitting; and
(5) Other fees as the Utility may deem necessary to carry out the requirements of the pretreatment
program.
(C) Purpose and policy.
(1) This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for Fearrington Utility,hereafter referred to as the utility,and
enables the Utility 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).
(2) The objectives of this chapter are:
(a) To prevent the introduction of pollutants and wastewater discharges into the public
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 public wastewater
system which will pass through the system, inadequately treated, into any waters of the state or
16

FEARRINGTON UTILITIES--SEWER USE REQUIREMENTS
otherwise be incompatible with the system;
(c) To promote reuse and recycling of industrial wastewater and sludges from the public system;
(d) To protect both utility 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 public wastewater system; and
(f) To ensure that the utility complies with its NPDES or non-discharge permit conditions,sludge
use,and disposal requirements and any other federal or state laws to which the public
wastewater system is subject.
(3) This chapter provides for the regulation of direct and indirect contributors to the public 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.
(4) This chapter shall apply to all users of the public wastewater system,as authorized by G.S. §§ 160A-
312 and/or 153A-275. The Utility shall designate an administrator of the public treatment works or
PTW and pretreatment program hereafter referred to as the PTW Director. Except as otherwise
provided herein, the PTW Director shall administer,implement,and enforce the provisions of this
chapter. Any powers granted to or imposed upon the PTW Director may be delegated by the PTW
Director to other Utility personnel.
(5) By discharging wastewater into the public wastewater system,industrial users located inside or outside
the Utility service area agree to comply with the terms and conditions established in this chapter,as well
as any permits,enforcement actions,or orders issued hereunder.This includes all industrial users
discharging in the wastewater collection system owned by any satellite PTW.
(D) Definitions and Abbreviations.
(1) Unless the context specifically indicates otherwise,the following terms and phrases,as used in this
chapter, shall have the meanings hereinafter designated:
(a) "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.
(b) "APPROVAL AUTHORITY." The Director of the Division of Water Resources of the
North Carolina Department of Environment and Natural Resources or his or her designee.
(c) "AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER."
1. 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
17

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
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
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.
2. If the industrial user is a partnership or sole proprietorship,an authorized representative shall mean
a general partner or the proprietor, respectively.
3. 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.
4. The individuals described in division(B)(1)(c)I through 3 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 Utility.
5. 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 PTW Director prior to or together with any
reports to be signed by an authorized representative.
(d) "BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five days at
20°C,usually expressed as a concentration (e.g.,milligrams per liter (mg/l)).
(e) "BUILDING SEWER." A sewer conveying wastewater from the premises of a user to the PTW.
(f) "BYPASS." The intentional diversion of wastestreams from any portion of a user's treatment facility.
(g) "CATEGORICAL STANDARDS." National categorical pretreatment standards or pretreatment standard.
(h) "CONTROL AUTHORITY." Refers to the PTW organization if the PTW organization's
Pretreatment Program approval has not been withdrawn.
1. "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.
2. "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.
(i) "HOLDING TANK WASTE." Any waste from holding tanks, including but not limited to such
18

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
holding tanks as vessels, chemical toilets,campers, trailers, septic tanks, and vacuum pump tank
trucks.
(j) "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
PTW (including holding tank waste discharged into the system).
(k) "INDUSTRIAL USER"or "USER." Any person which is a source of indirect discharge.
(1) "INTERFERENCE." The inhibition,or disruption of the PTW 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 PTW'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 PTW in
accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria,guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act (SWDA)(42 U.S.C. 6901,et
seq.), the Clean Air Act (33 U.S.C. 1251 et seq.), the Toxic Substances Control Act (42 U.S.C.
2601 et seq.), the Marine Protection Research and Sanctuary Act (MPRSA) (33 U.S.C. 1401 et
seq.) 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 PTW.
(m) "LIMITING METAL POLLUTANT." Any metal,such as but not limited to silver,cadmium,
chromium,copper,nickel, lead,and zinc,discharged into the sanitary system, which in comparison
to the concentration and characteristics of other metals discharged into the system, causes the
most interference with the operation of the PTW,and/or the most contamination of sludge for its
disposal or restage.
(n) "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.
(x) "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL
STANDARD." Any regulation containing pollutant discharge limits promulgated by the EPA in
accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific
category of industrial users, and which appears in 40 CFR Chapter 1,Subchapter N, Parts 405-471.
(y) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE
STANDARD." Absolute prohibitions against the discharge of certain substances; these
prohibitions appear in Section 02 Paragraph(A) and are developed under the authority of Section
307(b) of the Act and 40 CFR,Section 403.5.
(z) "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:
19

I EARRINGTON UTILITIES—SEWER USE REQUIREMEN1S
a. The building,structure, facility,or installation is constructed at a site which no other source is
located;
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 division(B)(I)(s)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:
i. Any placement,assembly, or installation of facilities or equipment; or
ii. 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.
(aa) "NON CONTACT COOLING WATER." Water used for cooling which does not come into direct
contact with any raw material,intermediate product,waste product,or finished product.
(bb) "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 G.S. § 143-215.1 by the
state under delegation from the EPA.
(cc) "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.
(dd) "PASS THROUGH." A discharge which exits the PTW 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 PTW'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.
(ii) "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,
20

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
agents or assigns.This definition includes all federal,state,and local government entities.
(jj) "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.
(kk) "POLLUTANT." Any "waste"as defined in 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,Public,and agricultural waste and certain characteristics of
wastewater(for example, pH, temperature,TSS, turbidity,color, metals, BOD, COD, toxicity,and
odor).
(1i) "PTW DIRECTOR." The Utility Director or his or her duly authorized representative.
(min) "PTW TREATMENT PLANT." That portion of the PTW designed to provide treatment to
wastewater.
(nn) "PRETREATMENT" or "TREATMENT." 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 pollution into a PTW collection system
and/or treatment plant. The reduction or alteration can be obtained by physical,chemical or
biological processes, or process changes or other means,except by diluting the concentration of
the pollutants unless allowed by an applicable pretreatment standard.
(oo) "PRETREATMENT PROGRAM." The program for the control of pollutants introduced into the
PTW from non- domestic sources which was developed by the Utility in compliance with 40
CFR, Section 403.8 and approved by the approval authority as authorized by G.S. § 143-
215.3(a)(14) in accordance with 40 CFR 403.11.
(pp) "PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard.
(qq) "PRETREATMENT STANDARDS." Prohibited discharge standards, categorical standards, or
local limit which applies to an industrial user.
(rr) "PUBLIC UTILITY TREATMENT WORKS (PTW)" or "PUBLIC 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 Utility. This definition includes any devices or systems used in the
collection,storage, treatment, recycling,and reclamation of Public sewage or industrial wastes of
a liquid nature. It also includes sewers,pipes, and other conveyances only if they convey
wastewater to the PTW treatment plant. For the purposes of this chapter, "PTW"shall also
include any sewers that convey wastewaters to the PTW from persons outside the service area
who are,by contract or agreement with the Utility,or in any other way, users of the Utility's
PTW.
(ss) "SATELLITE PTW." Utility,town or entity which the Utility has agreed to receive and treat their
wastewater.
21

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(iii) "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.
(tt) "SIGNIFICANT INDUSTRIAL USER" or "SRL"An industrial user that discharges wastewater
into a Public treatment works and that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the PTW(excluding
sanitary,noncontact cooling and boiler blowdown wastewaters),or
2. Contributes process wastewater which makes up 59:or more of the NPDES or non-discharge permitted
flow limit or 5%of more of the maximum allowable headworks loading of the PTW treatment plant for
any PTW pollutant of concern,or
3. Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR chapter I,
Subchapter N,Parts 405-471;or
4. Is designated as such by the Control Authority,the Division Of Water Resources or the U.S.
Environmental Protection Agency(EPA)on the basis that the industrial user has a reasonable potential,
either singly or in combination with other contributing industrial users,for adversely affecting the
PTW's operation,or for violating any pretreatment standard or requirement,or for contributing to
violations of the PTW's effluent limitations and conditions in its NPDES or non-discharge permit,or
for contributing to violations of the PTW's receiving stream standard,or for limiting the PTW's sludge
disposal options,or
5. Subject to Division approval under 15A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in paragraphs(1)and(2)above has no reasonable potential
for adversely affecting the PTW's operation or for violating any pretreatment standards or requirement,
or for contributing to violations of the PTW's effluent limitations and conditions in its NPDES or non-
discharge permit,or for contributing to violations of the PTW's receiving stream standard,or for
limiting the PTW's sludge disposal options,and thus is not a significant industrial user,or
6. Subject to Division approval under 15A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in Section 01 Paragraph(B)(1)(jj)3 above meets the
requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical industrial user.
7. Subject to Division approval under 15A NCAC 02H .0907(b),the Control Authority may determine
that an industrial user meeting the criteria in Section 01 Paragraph(B)(1)(jj)3.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 CFR Parts 403.8(f)(2)(v)(C)and 403.12
(e)(3).
(uu) "SIGNIFICANT NONCOMPLIANCE"or "SNC."The status of noncompliance of a
significant industrial user or any industrial user which meets the criteria in Subparagraph (B)(1)(jj)
when one or more of the following criteria are met.
9. Chronic violations of wastewater discharge limits,defined here as those in which 66%or more of all
the measurements taken for the same pollutant parameter(not including flow)during a six month
period exceed(by any magnitude)a numeric pretreatment standard or requirement including
instantaneous limits,as defined by 40 CFR Part 403.3(1);
22

FEARRINGTON UTILITIES- SEWER USE REQUIREMENTS
10.Technical Review Criteria(TRC) violations,defined here as those in which 33%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);
11.Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(1)(daily
maximum,long-term average,instantaneous limit,or narrative standard)that the control authority
and/or PTW determines has caused,alone or in combination with other discharges,interference or pass
through(including endangering the health of PTW personnel or the general public);
12.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 PTW's,if different
from the control authority,exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B)
and Section[8.1(e))of this SUP to halt or prevent such a discharge;
13.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.
14.Failure to provide reports for compliance schedule,self-monitoring data,baseline monitoring reports,
90-day compliance reports,and periodic compliance reports within 30 days from the due date.
15.Failure to accurately report noncompliance.
16.Any other violation or group of violations that the control authority and/or PTW determines will
adversely affect the operation or implementation of the local pretreatment program.
(vv) "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
PTW'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 02 Paragraph(A) of this chapter.
(ww) "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.
(xx) "STORM WATER." Any flow occurring during or following any form of natural precipitation
and resulting therefrom.
(yy) "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
(EPA Method 160.2).
(zz)"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.
23

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(aaa) "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 PTW.
(bbb) "WASTEWATER PERMIT." As set forth in Section 04 Paragraph(B).
(ccc) "WATERS OF THE STATE." All streams,rivers,brooks,swamps, sounds,tidal estuaries,
bays,creeks, lakes, waterways, reservoirs and all other bodies or accumulations of water, surface
or underground,natural or artificial,public or private, which are contained within,flow through,or
border upon the state or any portion thereof.
(2) This chapter is gender neutral and the masculine gender shall include the feminine and vice-versa.
(3) Shall is mandatory;may is permissive or discretionary.
(4) 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.
(5) The following abbreviations when used in this chapter,shall have the designated meanings:
(a) BOD - Biochemical Oxygen Demand.
(b) CFR - Code of Federal Regulations.
(c) COD - Chemical Oxygen Demand.
(d) EPA - Environmental Protection Agency.
(e) gpd- Gallons per day.
(f) 1- liter.
(g) mg- Milligrams.
(h) mg/I- Milligrams per liter.
(i) G.S. - North Carolina General Statutes.
(j) NPDES - National-Pollutant Discharge Elimination System.
(k) O&M - Operation and Maintenance.
(I) PTW - Public treatment works.
(m) RCRA - Resource Conservation and Recovery Act.
(n) SIC - Standard Industrial Classification.
(o) SWDA - Solid Waste Disposal Act.
(p) TSS - Total suspended solids.
24

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(q) U.S.C. - United States Code.
GENERAL SEWER USE REQUIREMENTS.
(I) Prohibited Discharge Standards.
(1) General Prohibitions. No user shall contribute or cause to be contributed into the PTW, directly or
indirectly,any pollutant or wastewater which causes interference or pass through. These general prohibitions
apply to all users of a PTW whether or not the user is a significant industrial user or subject to any national,
state, or local pretreatment standards or requirements.
(2) Specific Prohibitions.
(a) No user shall contribute or cause to be contributed into the PTW the following pollutants, substances,
or wastewater:
1. Pollutants which create a fire or explosive hazard in the PTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140°F. (60°C.)using the test methods
specified in 40 CFR 261.21.
2. Solid or viscous substances in amounts which will cause obstruction of the flow in the PTW
resulting in interference but in no case solids greater than kh inch 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 12.5 or wastewater having any other
corrosive property capable of causing damage to the PTW or equipment.
5. Any wastewater containing pollutants,including oxygen-demanding pollutants, (BOD and the
like) in sufficient quantity, (flow or concentration) either singly or by interaction with other
pollutants to cause interference with the PTW.
6. Any wastewater having a temperature greater than 150°F. (66°C.), or which will inhibit biological
activity in the PTW 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 PTW 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 PTW Director in
accordance with division(I) of this section.
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 PTW's effluent or any other product of the PTW 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 PTW cause the PTW 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 containing any radioactive wastes or isotopes except as specifically approved by
25

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
the PTW Director in compliance with applicable state or federal regulations.
12. 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 PTW Director.
13. Fats,oils,or greases of animal or vegetable origin in concentrations greater than 100 mg/I
unless authorized by the PTW Director.
14. Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
15. Any medical wastes, except as specifically authorized by the PTW Director in a wastewater
discharge permit.
16. Any material containing ammonia,ammonia salts,or other chelating agents which will produce
metallic complexes that interfere with the Public wastewater system.
17. 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 PTW Director.
18. Any wastewater causing the treatment plant effluent to violate state water quality standards
for toxic substances as described in 15A NCAC 2B .0200.
19. Wastewater causing,alone or in conjunction with other sources,the treatment plant's effluent to fail
a toxicity test.
20. Recognizable portions of the human or animal anatomy.
21. Any wastes containing detergents, surface active agents, or other substances which may cause
excessive foaming in the Public wastewater system.
22. Any wastes causing two successive readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system) to be more than 5% nor any single
reading over 10% of the lower explosive limit(LEL) of the meter.
(b) 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 Public 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 PTW Director determines that a user(s) is
contributing to the PTW, any of the above enumerated substances in such amounts which may cause or
contribute to interference of PTW operation or pass through,the PTW Director shall:
1. Advise the user(s) of the potential impact of the contribution on the PTW in accordance with
Section 08 Paragraph(A); and
2. Take appropriate actions in accordance with Section 04 for such user to protect the PTW from
interference or pass-through.
(J)_ 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.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the PTW Director may impose equivalent concentration or mass
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limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater
not regulated by the same standard,the PTW Director shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment standard if the user can prove,pursuant
to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical pretreatment
standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(K) Industrial Waste Survey and Local Limits. N/A
(1) An industrial waste survey is required prior to a user discharging wastewater containing in excess
of the following average discharge limits:
300mg/1 BOD
300mg/1 TSS
800mg/1 COD
15mg/1 NH 3
0.003mg/1 arsenic
0.003mg/1 cadmium
0.061 mg/1 copper
0.013mg/1 cyanide
0.049mg/1 lead
0.0001 mg/1 mercury
0.021 mg/1 nickel
0.005mg/1 silver
0.05mg/1 total chromium
0.175mg/1 zinc
(2) Industrial waste survey information will be used to develop user specific local limits when necessary
to ensure that the PTW's maximum allowable headworks loading is not exceeded for particular pollutants of
concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater
permits. The PTW Director may impose mass limits in addition to, or in place of,concentration-based limits.
(L) 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 chapter.
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FEARRINGTON UTILITIES-SEWER USE REQUIREMENTS
(M) Right of Revision. The Utility 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 01 Paragraph (A) or the general and specific prohibitions in division(A) of
this section,as is allowed by 40 CFR 403.4.
(N) 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 Utility or state.
(0) Pretreatment of Wastewater.
(1) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this
chapter and wastewater permits issued under Section 04 Paragraph (B) and shall achieve compliance with
all national categorical pretreatment standards,local limits,and the prohibitions set out in division (A) of this
section within the time limitations as specified by EPA,the state,or the PTW 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
Utility for review,and shall be approved by the PTW 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 Utility under the provisions of this chapter. Any
subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved
by the PTW Director prior to the user's initiation of the changes.
(2) Additional Pretreatment Measures.
(a) Whenever deemed necessary, the PTW Director may require users to restrict their discharge during
peak flow periods,designate that certain wastewater be discharged only into specific sewers, relocate,and/or
consolidate points of discharge,separate sewage wastestreams from industrial wastestreams,and such other
conditions as may be necessary to protect the PTW and determine the users' compliance with the requirements
of this chapter.
(b) The PTW Director may require any person discharging into the PTW 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.
(c) Grease, oil,and sand interceptors shall be provided when,in the opinion of the PTW 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 capaUtility approved by the PTW 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.
(d) Users with the potential to discharge flammable substances may be required to install
and maintain an approved combustible gas detection meter.
(P) Accidental Discharge/Slug Control Plans.
(1) The PTW 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 01 Paragraph(B)(1)(11).
All SIUs must be evaluated within one year of being designated an SIU. The PTW Director may require any
user to develop,submit for approval,and implement such a plan or other specific action. Alternatively,the
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FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
PTW Director may develop such a plan for any user.
(2) All Sills are required to notify the PTW Director 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 Section 05 Paragraph(E) and Section 05 Paragraph(F).
(3) An accidental discharge/slug control plan shall address, at a minimum,the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
Procedures for immediately notifying the PTW Director of any accidental or slug discharge, as required by §
51.05(F); and
(c) 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.
(II) Hauled Wastewater. N/A
(1) Septic tank waste may be introduced into the PTW only at locations designated by the PTW Director,
and at such times as are established by the PTW Director. Such waste shall not violate this section or any
other requirements established by the Utility. The PTW Director may require septic tank waste haulers to
obtain wastewater discharge permits.
(2) The PTW Director shall require haulers of industrial waste to obtain wastewater discharge permits.
The PTW Director may require generators of hauled industrial waste to obtain wastewater discharge
permits. The PTW Director also may prohibit the disposal of hauled industrial waste if he or she adopts a
uniform rule for determining which wastes are prohibited. The discharge of hauled industrial waste is subject
to all other requirements of this chapter.
(3) Industrial waste haulers may discharge loads only at locations designated by the PTW Director. No
load may be discharged without prior consent of the PTW Director. The PTW Director may collect samples
of each hauled load to ensure compliance with applicable standards. The PTW Director may require the
industrial waste hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include,
at a minimum,the name and address of the industrial waste hauler,permit number,truck identification,
names and addresses of sources of waste,and volume and characteristics of waste. The form shall identify
the type of industry, known or suspected waste constituents,and whether any wastes are RCRA hazardous
wastes.(]) Special Agreement. Any wastewater or wastes discharged by a user, which has characteristics
prohibited in this section,may be admitted into the sanitary sewers when the discharge is approved by the
PTW Director within the wastewater discharge permit as a special agreement.
§ 51.04 WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE.
(A) Wastewater Dischargers. It shall be unlawful for any person to connect or discharge to the PTW
without first obtaining the permission of the Utility. When requested by the PTW Director, a user must
submit information on the nature and characteristics of its wastewater within 30 days of the request. The
PTW Director is authorized to prepare a form for this purpose and may periodically require users to update
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
this information.
(B) Wastewater Permits. All significant industrial users shall obtain a significant industrial user permit prior
to the commencement of discharge to the PTW. Existing industrial users who are determined by the PTW
Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of
receiving notification of the PTW Director's determination. Industrial users who do not fit the significant
industrial user criteria may at the discretion of the PTW Director,be required to obtain a wastewater
discharge permit for non-significant industrial users.
(1) 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 PTW Director a significant industrial user determination. If the PTW
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.
(2) _ Significant Industrial User Permit Application. Users required to obtain a significant
industrial user permit shall complete and file with the Utility,an application in the form prescribed by the
PTW 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 PTW Director's determination in division(B)(1) 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;
(1) Operation and production schedules; and
(m) Description of current and projected waste reduction activities in accordance with G.S. 143-
215.1(g);
(3) - 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 Utility
as defined in § 51 Al(B)(l)(c) and contain the following certification statement:
"1 certify under penalty of law that this document and all attachments were prepared under my direction or
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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. [ am aware that there are significant penalties for
submitting false information,including the possibility of fine and imprisonment for knowing violations."
(4) _ Application Review and Evaluation. The PTW Director will evaluate the data
furnished by the user and may require additional information.
(a) The PTW Director is authorized to accept applications for the Utility and shall refer all
applications to the PTW staff for review and evaluation.
(b) Within 30 days of receipt the PTW 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.
(5) _ Tentative Determination and Draft Permits.
(a) The PTW 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.
(b) If the staffs tentative determination in division(a) above is to issue the permit,the following
additional determinations shall be made in writing:
1. Proposed discharge limitations for those pollutants proposed to be limited;
2. A proposed schedule of compliance, including interim dates and requirements, for meeting the
proposed limitations; and
3. A brief description of any other proposed special conditions which will have significant
impact upon the discharge described in the application.
(c) The staff shall organize the determinations made pursuant to divisions (B)(5)(a) and(B)(5)(b)
above and the Utility's general permit conditions into a significant industrial user permit.
(6) Permit supporting documentation. The Control Authority staff shall prepare the following
documents for all significant industrial user permits.
(a) 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 PTW, 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.
(b) The basis, or rationale, for the pretreatment limitations, including the following:
1. Documentation of categorical determination, including documentation of any calculations used
in applying categorical pretreatment standards; and
2. Documentation of the rationale of any parameters for which monitoring has been waived under 40
CFR Part 403.12(e)(2). (7) Final Action on Significant Industrial User Permit Applications.
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FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(a) The PTW Director shall take final action on all applications not later than 90 days following
receipt of a complete application.
(b) The PTW Director is authorized to:
1. Issue a significant industrial user permit containing such conditions as are necessary to
effectuate the purposes of this chapter and G.S. § 143 215.1;
2. Issue a significant industrial user permit containing time schedules for achieving compliance with
applicable pretreatment standards and requirements;
3. Modify any permit upon not less than 60 days notice and pursuant to division(B)(9) of this section;
4. Revoke any permit pursuant to § 51.08(A);
5. Suspend a permit pursuant to § 51.08(A); and
6. Deny a permit application when in the opinion of the PTW 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.
(8) Hearings. Utility may conduct hearings in accordance with its regular hearing procedure.
(a) Initial Adjudicatory Hearing. An applicant whose permit is denied,or is granted subject to conditions
he deems unacceptable, a permitteeluser assessed a civil penalty under § 51.08(B),or one issued an
administrative order under § 51.08(A) shall have the right to an adjudicatory hearing before a hearing officer
designated by the PTW Director upon making written demand, identifying the specific issues to be contested,
to the PTW Director within 30 days following receipt of the significant industrial user permit,civil penalty
assessment,or administrative order. Unless such written demand is made within the time specified herein, the
action shall be final and binding. The hearing officer shall make a final decision on the contested permit,
penalty,or order within 45 days of the receipt of the written demand for a hearing. The PTW Director shall
transmit a copy of the hearing officer's decision by registered or certified mail.
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) _ Final Appeal Hearing. Any decision of a hearing officer made as a result of an adjudicatory
hearing held under division(B) (8)(a) of this section may be appealed,to the Utility Council upon filing a
written demand within ten days of receipt of notice of the decision. Hearings held under this division shall be
conducted in accordance with local hearing procedures. Failure to make written demand within the time
specified herein shall bar further appeal. The Utility Board shall make a final decision on the appeal within 90
days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified
mail.
(c)_ Official Record. When a final decision is issued under division (B)(8)(b) of this section,the
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FEARRINGTON UTILITIES - SEWER USE REQUIREMENTS
Utility Council or Board 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 Utility Council or Board serving the Utility.
(d) Judicial Review. Any person against whom a final order or decision of the Utility Council is
entered,pursuant to a hearing conducted under division (B)(8)(b) of this section,may seek judicial review of
the order or decision by filing a written petition within 30 days after receipt of notice by registered or certified
mail of the order or decision,but not thereafter, with the Superior Court of Stanly County along with a copy to
the Utility. Within 30 days after receipt of the copy of the petition of judicial review,the Utility Council shall
transmit to the reviewing court the original or a certified copy of the official record.
(9) Permit Modification.
(a) 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.
1. Changes in the ownership of the discharge when no other change in the permit is indicated.
2. A single modification of any compliance schedule not in excess of four months;
3. 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.
(b) Within nine months of the promulgation of a national categorical pretreatment standard, the
wastewater discharge permits 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 division (B)(2) of this section, the user shall apply for a wastewater discharge permit
within 180 days after the promulgation of the applicable national categorical pretreatment standard.
(c) A request for a modification by the permittee shall constitute a waiver of the 60-day notice required
by G.S. § 143-215.1(b) for modifications.
(10) Permit Conditions.
(a) The PTW Director shall have the authority to grant a permit with such conditions attached as he
believes necessary to achieve the purpose of this chapter and G.S. § 143-215.1. Wastewater permits shall
contain,but are not limited to, the following:
1. A statement of duration(in no case more than five years);
2. A statement of nontransferability;
3. Applicable effluent limits based on categorical standards or local limits or both;
4. Applicable monitoring, sampling, reporting, notification, and record keeping requirements. These
requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency,
33

FEARRINGTON UTILITIES-SEWER USE REQUIREMENTS
and sample type based on federal, state, and local law;
5. Requirements for notifying the PTW in the event of an accidental discharge or slug load as defined
in § 51.01(B)(1)(11);
6. Requirements to implement a Plan or other controls for prevention of accidental discharges and/or
slug loads as defined in
§ 51.01(B)(1)(ll), if determined by the PTW Director to be necessary for the User; and
7. Requirements for immediately notifying the PTW of any changes at its facility affecting the
potential for spills and other accidental discharges,or slug load as defined in § 51.01(B)(1)(11). Also see §
51.05(E) and § 51.05(F);
8. A statement of applicable civil and/or criminal penalties for violation of pretreatment standards
and requirements and any applicable compliance schedule.
(b) In addition,permits may contain,but are not limited to,the following:
1. Limits on the average and/or maximum rate of discharge,and/or requirements for flow regulation
and equalization.
2. Limits on the instantaneous,daily and/or monthly average and/or maximum concentration,
mass,or other measure of identified wastewater pollutants or properties.
3. Requirements for the installation of pretreatment technology or construction of appropriate
containment devices, and the like,designed to reduce,eliminate,or prevent the introduction of pollutants
into the treatment works.
4. Development and implementation of waste minimization plans to reduce the amount of
pollutants discharges to the Public wastewater system.
5. The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the system.
6. Requirements for installation and maintenance of inspection and sampling facilities and equipment.
7. Specifications for monitoring programs which may include sampling locations,frequency of
sampling,number,types, and standards for tests, and reporting schedules.
8. Requirements for immediate reporting of any instance of noncompliance and for automatic
resampling and reporting within 30 days where self-monitoring indicates a violation(s).
9. Compliance schedules for meeting pretreatment standards and requirements.
10. Requirements for submission of periodic self-monitoring or special notification reports.
11. Requirements for maintaining and retaining plans and records relating to wastewater discharges
as specified in § 51.05(1) and affording the PTW Director,or his or her representatives,access thereto.
12. Requirements for prior notification and approval by the PTW 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.
13. Requirements for the prior notification and approval by the PTW Director of any change
in the manufacturing and/or pretreatment process used by the permittee.
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FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
14. 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.
15. Other conditions as deemed appropriate by the PTW Director to ensure compliance with this
chapter, and state and federal laws,rules, and regulations.
(11) - Permit Duration. Permits shall be issued for a specified time period,not to exceed five years.
A permit may be issued for a period less than a year or may be stated to expire on a specific date.
(12) - 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.
(13) Permit Reissuance. A significant industrial user shall apply for permit reissuance by
submitting a complete permit application in accordance with division(B) of this section a minimum of 180 days
prior to the expiration of the existing permit.
(Ord. 90-27,passed 9-17-90; Am. Ord. 94-19,passed 9-19-94; Am. Ord. 07-12,passed 5-21-07; Am. Ord. 14-
04,passed 2-17-14)
§ 51.05 REPORTING REQUIREMENTS.
(A) Baseline Monitoring Reports.
(I) Within either 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 PTW shall submit to the PTW
Director a report which contains the information listed in division(A)(2) of this section. At least 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 PTW Director a report which
contains the information listed in division(A)(2) of this section. 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.
(2) Users described above shall submit the information set forth below.
(a) Identifying Information. The name and address of the facility,including the name of the operator and
owner.
(b) Environmental Permits. A list of any environmental control permits held by or for the facility.
(c) 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 PTW from the
regulated processes.
(d) Flow Measurement. Information showing the measured average daily and maximum daily flow, in
gallons per day,to the PTW from regulated process streams and other streams,as necessary,to allow use of
the combined wastestream formula set out in 40 CFR 403.6(e).
(e) Measurement of Pollutants.
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
1. The categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration,and/or mass, where
required by the standard or by the PTW 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 division(.1) of this section.
3. Sampling must be performed in accordance with procedures set out in division(K) of this section
and 40 CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4).
(f) Certification. A statement,reviewed by the user's current authorized representative as defined in §
51.01 (B)(1)(c) 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.
(g) 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 division(B) of this section.
(h) Signature and Certification. All baseline monitoring reports must be signed and certified in accordance
with § 51.04(B)(3).
(B) Compliance Schedule Progress Reports. The following conditions shall apply to the compliance
schedule required by division (A)(2)(g) of this section:
(1) 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);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the PTW Director no later than 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
(4) In no event shall more than nine months elapse between such progress reports to the PTW Director.
(C) Reports on Compliance with Categorical Pretreatment Standard Deadline. Within 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 PTW, any user subject to such
pretreatment standards and requirements shall submit to the PTW Director a report containing the information
described in division(A)(2)(d) through (f) of this section. For users subject to equivalent mass or concentration
limits established in accordance with the procedures in 40 CFR 403.6(C),this report shall contain a reasonable
measure of the user's long-term production rate. For all other users subject to categorical pretreatment
standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of
operation),this report shall include the user's
actual production during the appropriate sampling period. All compliance reports must be signed and
36

FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
certified in accordance with § 51.04 (B)(3).
(D) Periodic Compliance Reports. Publicities may sample and analyze user discharges in lieu of requiring
the users to conduct sampling and analysis.
(1) All significant industrial users shall,at a frequency determined by the PTW 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 § 51.05(J) and § 51.05(K)
of this chapter. All periodic compliance reports must be signed and certified in accordance with § 51.04(B)(3)
of this chapter.
(2) If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the PTW Director, using the procedures prescribed in § 51.05(7) and § 51.05(K),the
results of this monitoring shall be included in the report.
(E) _ Reports of Changed Conditions. Each user must notify the PTW 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 30 days before the change. The permittee shall not begin the changes until receiving written approval
from the control authority. See § 51.05(F)(4) for other reporting requirements.
(1) The PTW 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
§ 51.04(B).
(2) The PTW Director may issue a wastewater discharge permit under § 51.04(B) or modify an existing
wastewater discharge permit under § 51.04(B) in response to changed conditions or anticipated changed
conditions.
(3) For purposes of this requirement,significant changes include,but are not limited to,flow or
pollutant increases of 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 Publicity; new or changed product lines;
new or changed manufacturing processes and/or chemicals; or new or changed customers.
(4) _ Reports of Potential Problems. In the case of any discharge,including,but not limited to,
accidental discharges,discharges of a nonroutine,episodic nature,a noncustomary batch discharge, or a slug
load as defined in § 51.01(B)(I)(11),that may cause potential problems for the PTW,the user shall
immediately telephone and notify the PTW 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.
(5) Within five days following such discharge,the user shall,unless waived by the PTW 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 PTW, 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 chapter.
(6) 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 discharge described in division(F)(1) of this section. Employers
shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency
notification procedure.
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FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(7) All SIUs are required to notify the PTW 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 § 51.01(B)(1)(ll).
(F) Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall
provide appropriate reports to the PTW Director as the PTW Director may require. All users classified as
non-significant categorical industrial users under § 51.01(B)(1)(jj)6. shall provide appropriate reports to the
PTW Director as the PTW 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).
(G)_ Notice of Violation/Repeat Sampling and Reporting.
(1) If sampling performed by a user indicates a violation,the user must notify the PTW Director within
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 PTW Director within 30 days after becoming aware of the violation. If
allowed by the PTW Director,the user is not required to resample:
(a) If the PTW monitors at the user's facility at least once a month;
(b) If the PTW samples between the user's initial sampling and when the user receives the results of this
sampling.
(2) If the PTW Director has performed the sampling and analysis in lieu of the industrial user and the
PTW sampling of the user indicates a violation,the PTW shall repeat the sampling and obtain the results of
the repeat analysis within 30 days after becoming aware of the violations,unless one of the following occurs:
(a) The PTW monitors at the user's facility at least once a month; or
(b) The PTW samples the user between their initial sampling and when the PTW receives the
results of this initial sampling; or
(c) The PTW Director requires the user to perform sampling and submit the results to the PTW
Director within the 30 day deadline of the PTW becoming aware of the violation.
(I)_ Notification of the Discharge of Hazardous Waste. The Utility prohibits the discharge of any
hazardous wastes without notification to and approval by the PTW Director.
(1) Any user who commences the discharge of hazardous waste shall notify the PTW,the EPA
Regional Waste Management Division Director,and State hazardous waste authorities, in writing,of any
discharge into the PTW of a substance which,if otherwise disposed of,would be a hazardous waste under
40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR
Part 261,the EPA hazardous waste number,and the type of discharge (continuous,batch,or other). If the
user discharges more than 100 kilograms of such waste per calendar month to the PTW,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 12 months. All notifications must take place no later than 180 days after the discharge commences.
The user shall not begin the discharge until receiving written approval from the Utility. Any notification under
this section need be submitted only once for each hazardous waste discharge. However, notifications of
changed conditions must be submitted under division(E) of this section. The notification requirement in this
section does not apply to pollutants already reported by users subject to categorical pretreatment standards
38

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
under the self-monitoring requirements of divisions (A),(C), and (D) of this section.
(2) Dischargers are exempt from the requirements of division(f)(1), above,during a calendar month in
which they discharge no more than 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 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.
(3) 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 PTW
Director, the EPA Regional Waste Management Waste Division Director,and State hazardous waste
authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) 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 toxiUtility of hazardous wastes generated to the degree it
has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this chapter,a permit issued thereunder, or any applicable federal or state law.
(J)_ Analytical Requirements. All pollutant analyses, including sampling techniques,to be submitted as part
of a wastewater discharge permit application or report shall be performed by a laboratory certified by the
state to perform the wastewater analyses in accordance with the techniques prescribed in 40 CFR Part 136,
unless otherwise specified in an applicable categorical pretreatment standard or unless otherwise performed in
accordance with procedures approved by EPA or Utility. 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 the Utility. Analyses must be performed by a state certified lab for each
parameter analyzed, if such certification exists for that parameter.
(K)_ Grab and Composite Sample Collection.
(1) 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.
(2) 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 PTW 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 PTW Director may
allow collection of multiple grabs during a 24 hour period which are composited prior to analysis as allowed
under 40 CFR 136.
(3) 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 PTW Director. When authorizing time-proportional composites or
grabs,the samples must be representative and the decision to allow the alternative sampling must be
documented.
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
(L) _ 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.
(M) _ Record Keeping. Users subject to the reporting requirements of this chapter shall retain,and make
available for inspection and copying,all records of information obtained pursuant to any monitoring activities
required by this chapter 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 years. This period shall be
automatically extended for the duration of any litigation concerning the user or the Utility,or where the user
has been specifically notified of a longer retention period by the PTW Director.
(N)_ Special Reporting Requirements for BA in Satellite PTWs. In the case of industrial user located in a
Satellite PTW organization's jurisdiction,all information required to be reported to the industrial user's
Pretreatment Program Control Authority by this chapter shall also be reported to the PTW treatment plant
organization.
§ 51.06 COMPLIANCE MONITORING.
(A) Monitoring Facilities.
(1) The Utility 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 Utility 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.
(2) 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.
(3) Whether constructed on public or private property,the sampling and monitoring facilities shall be
provided in accordance with the Utility's requirements and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following written notification by the Utility.
(B)_ Inspection and Sampling. The Utility will inspect the facilities of any user to ascertain whether the
purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharged shall allow the Utility,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
Utility,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 Utility,approval authority and EPA will be permitted
to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the PTW's,
approval authority's,or EPA's access to the user's premises shall be a violation of this chapter. Unreasonable
delays may constitute denial of access.
40

FEARRINGTON UTILITIES- SEWER USE REQUIREMENTS
(C)_ Search Warrants. If the PTW ,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 chapter,or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Utility designed to verify compliance with this chapter or any permit
or order issued hereunder,or to protect the overall public health,safety and welfare of the community,then
the PTW, approval authority,or EPA may seek issuance of a search warrant from the court having
jurisdiction within the Utility.
(Ord. 94-19,passed 9-19-94; Am. Ord. 07-12,passed 5-21-07; Am. Ord. 14-04,passed 2 17. 14)
§ 51.07 CONFIDENTIAL INFORMATION.
(A) Information and data provided by an industrial user to the PTW Director pursuant to this chapter
identifying the nature and frequency of a discharge,shall be available to the public without restriction. All
other information which may be so submitted by an industrial user to the PTW Director in connection with
any required reports shall also be available to the public unless the industrial user or other interested person
specifically identifies the information as confidential upon submission and is able to demonstrate to the
satisfaction of the PTW Director that the disclosure of such information or a particular part thereof to the
general public would divulge methods or processes entitled to protection as trade secrets.
(B) Information provided by an industrial user to the PTW Director that is determined to be entitled to
confidential treatment shall be made available upon written request to the Division of Water Resources or any
state agency for uses related to the Pretreatment Program, the National Pollutant Discharge Elimination
System (NPDES) Permit, collection system permit, stormwater permit,and/or Non-discharge permit,and for
uses related to judicial review or enforcement proceedings involving the person furnishing the report.
(C) Information and data received by the Division or other state agency under paragraph (b)
above shall be subject to the processes set forth in G.S. 143-215.3C.
(Ord. 94-19, passed 9-19-94; Am. Ord. 07-12,passed 5-21-07; Am. Ord. 14-04,passed 2-17-14)
§ 51.08 ENFORCEMENT.
(A) Administrative Remedies.
(1) Notification of Violation. Whenever the PTW Director finds that any industrial user has violated or
is violating this chapter, wastewater permit, or any prohibition,limitation or requirement contained therein or
any other pretreatment requirement, the PTW 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 Utility 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.
(2) Consent Orders. The PTW 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 division(A)(4) below.
(3) Show Cause Hearine. The PTW Director may order any industrial user who causes or is responsible
for an unauthorized discharge,has violated this chapter 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 PTW
41

FEARRINGTON UTILITIES •SEWER USE REQUIREMENTS
•
•
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 days
before the hearing. Service may be made on any agent or officer of a corporation. The PTW 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 division(B) of this section nor is any action or inaction taken by the PTW Director under this section
subject to an administrative appeal under § 51.04(B)(8).
(4) Administrative Orders. When the PTW Director finds that an industrial user has violated or
continues to violate this chapter,permits or orders issued hereunder,or any other pretreatment requirement
the PTW Director may issue an order to cease and desist all such violations and direct those persons in
noncompliance to do any of the following:
(a) Immediately comply with all requirements;
(b) Comply in accordance with a compliance time schedule set forth in the order;
(c) Take appropriate remedial or preventative action in the event of a continuing or threatened violation;
or
(d) Disconnect unless adequate treatment facilities,devices or other related appurtenances are
installed and properly operated within a specified time period.
(5) Emergency Suspensions.
(a) The PTW Director may suspend the wastewater treatment service and/or wastewater permit
when such suspension is necessary in order to stop an actual or threatened discharge which presents or may
present an imminent or substantial endangerment to the health or welfare of persons or the environment,
interferes with the PTW or causes the PTW to violate any condition of its NPDES or non-discharge permit.
(b) Any user notified of a suspension of the wastewater treatment service and/or the wastewater
permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice
of suspension to determine whether the suspension may be lifted or the user's waste discharge permit
terminated. In the event of a failure to comply voluntarily with the suspension order, the PTW Director shall
take such steps as deemed necessary including immediate severance of the sewer connection,to prevent or
minimize damage to the PTW system or endangerment to any individuals. The PTW 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 PTW Director to the
date of the above-described hearing.
(6) Termination of Permit or Permission to Discharge.
(a) The PTW 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 or her 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
42

FEARRINGTON UTILITIES- SEWER USE RE(AUMREMfNIS
(b) Violation of conditions of the permit or permission to discharge,conditions of this chapter,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 division(A) of
this section why the proposed action should not be taken.
(B) Civil Penalties.
(1) Any user who is found to have failed to comply with any provision of this chapter,or the orders,rules,
regulations and permits issued hereunder, may be assessed a civil penalty up to twenty-five thousand dollars
($25,000) per day per violation.
(a) Penalties of up to$25,000 per day per violation may be assessed against a violator:
1. For any class of violation,only if a civil penalty has been imposed against the violator within the
five years preceding the violation; or
2. In the case of failure to file,submit,or make available,as the case may be, any documents,data,
or reports required by this chapter, or the orders, rules,regulations and permits issued hereunder, only if the
PTW Director determines that the violation was intentional and a civil penalty has been imposed against the
violator within the five years preceding the violation.
(2) In determining the amount of the civil penalty,the PTW Director shall consider the following:
(a) 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;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quantity or quality or on air quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(h) The costs of enforcement to the Utility.
(3) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 51.04(B)(8).
(C) Other Available Remedies. Remedies, in addition to those previously mentioned in this chapter,are
available to the PTW Director who may use any single one or combination against a noncompliant user.
Additional available remedies include,but are not limited to:
(1) - Criminal Violations. The District Attorney for the applicable judicial district may, at the
request of the Utility, prosecute noncompliant users who violate the provisions of 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 (GS.
143-215.6B(f)),to knowingly and willfully violate any term,condition,or requirement of a pretreatment permit,
or knowingly and willfully fail to apply for a pretreatment permit,issued by local governments (G.S. 143.
215.6B(g)),to knowingly violate any term, condition,or requirement of a pretreatment permit issued by local
governments,or knowingly fail to apply for a pretreatment permit,knowing at the time that a person is placed
43

FEARRINGTON UTILITIES- SEWER USE REQUIREMENTS
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)).
(2) Injunctive Relief. Whenever a user is in violation of the provisions of this chapter or an order or
permit issued hereunder, the PTW Director, through the Utility Attorney, may petition the Superior Court of
Justice for the issuance of a restraining order and/or a preliminary and permanent injunction which restrain or
compel the activities in question.
(3) Water Supply Severance. Whenever an industrial user is in violation of the provisions of this chapter
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.
(4) Public Nuisances. Any violation of the prohibitions or effluent limitations of this chapter or of a
permit or order issued hereunder,is hereby declared a public nuisance and shall be corrected or abated as
directed by the PTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of
§ 10.99 ,the Utility code governing such nuisances,including reimbursing the PTW for any costs incurred in
removing,abating or remedying that nuisance.
(D) Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The
PTW 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 Utility's
enforcement response plan. However, the PTW Director may take other action against any user
when the circumstances warrant. Further,the PTW Director is empowered to take more than one
enforcement action against any noncompliant user.
§ 51.09 ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE.
At least annually, the PTW Director shall publish in a newspaper of general circulation that provides
meaningful public notice within the jurisdiction(s) served by the PTW a list of those industrial users which
were found to be in significant noncompliance,also referred to as reportable noncompliance in I 5A NCAC
02H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months.
§ 51.10 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
(A) Upset.
(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of division(A)(2) of this section,are met.
(2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly
signed,contemporaneous operating logs,or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) 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
(c) The user has submitted the following information to the PTW Director within 24 hours of becoming
aware of the upset (if this information is provided orally,a written submission must be provided within five
days):
1. A description of the indirect discharge and cause of noncompliance;
44

FEARRINGTON UTIL'TIES—SEWER USE REQUIREMENTS
2. The period of noncompliance,including exact dates and times or, if not corrected, the anticipated
time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate,and prevent recurrence of the noncompliance.
(3) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the
burden of proof.
(4) 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.
(5) 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.
(B) 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 § 51.02(A)(1) or the specific
prohibitions in § 51.02 (A)(2)(b), (c), (e)through(g) and (i) through(v) 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:
(1) 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
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the
user's prior discharge when the Utility was regularly in compliance with its NPDES permit,and in the case
of interference, was in compliance with applicable sludge use or disposal requirements.
(C) Bypass.
(1) 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 division (C)(2) and(3) of this section.
(2) (a) If a user knows in advance of the need for a bypass,it shall submit prior notice to the PTW
Director,at least ten days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the PTW Director of an unanticipated bypass that exceeds
applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five days of this time the user becomes aware of the bypass. The
written submission shall contain a description of the bypass and its cause; the duration of the bypass,
including exact dates and times,and,if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the bypass. The
PTW Director may waive the written report on a case-by-case basis if the oral report has been received
within 24 hours.
(3) (a) Bypass is prohibited,and the PTW Director may take an enforcement action against a user for a
bypass, unless:
1. Bypass was unavoidable to prevent loss of life,personal injury,or severe property damage;
2. There were no feasible alternatives to the bypass,such as the use of auxiliary treatment
45

FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
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
3. The user submitted notices as required under division(C)(2) of this section.
(b) The PTW Director may approve an anticipated bypass,after considering its adverse effects,if
the PTW Director determines that it will meet the three conditions listed in division(C)(3)(a) of this section.
§ 51.11 PRIVATE SEWAGE DISPOSAL.
(A) When Required. Where a public sanitary sewer is not available,a building sewer shall be
connected to a private sewer disposal system complying with the provisions of this section.
(B) Permit Required. Before commencement of construction of a private sewage disposal system, the
owner first shall obtain a written permit signed by the County Health Sanitarian. The application for the
permit shall be made on a form furnished by the Utility which the applicant shall supplement to any plans,
specifications,and other information as are deemed necessary by the Sanitarian.
(C) Effective Date of Permit. A permit for a private sewage system shall not become effective until the
installation is completed to the satisfaction of the County Health Sanitarian. He or she shall be allowed to
inspect the work at any stage of construction,and in any event,the applicant for the permit shall notify the
Sanitarian when the work is ready for final inspection,and before any underground portions are covered. The
inspection shall be made within 48 hours of the receipt of the notice by the Sanitarian.
(D) Type,CapaUtility,Location,Layout. The type,capaUtility,location,and layout of a private sewage
disposal system shall comply with all recommendations of the State Division of Health Services. No permit
shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where
the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted into discharge
into any public sewer or natural outlet.
(E) Connection to Public Sewer; When Required. When a public sewer becomes available to a property
served by a private sewage disposal system,a direct connection shall be made to the public sewer in
compliance with this section at the first malfunction of the private system,and any septic tanks,cesspools,
and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(F) Operation and Maintenance. The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times,at no expense to the Utility.
(G) Additional Requirements by County Health Sanitarian. No statement contained in this section shall be
construed to interfere with any additional requirements that shall be imposed by the County Health
Sanitarian.
§ 51.12 FATS, OIL AND GREASE CONTROL.
(A) Scope and Purpose. To aid in the prevention of sanitary sewer blockages and obstructions from the
contributions and accumulation of fats, oils,and greases into said sewer system from industrial,commercial
and institutional establishments,particularly food preparation and serving facilities.
(B) Definitions.
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FEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
(1) Fats,oils,and greases. Organic polar compounds derived from animal and/or plant sources that
contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using
analytical test procedures in 40 CFR 136,as may be amended from time to time. All are sometimes referred
to herein as "grease" or "greases."
(2) Grease trap or interceptor. A device for separating and retaining waterborne greases and grease
complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment
system. These devices also serve to collect settleable solids,generated by and from food preparation
activities,prior to the water exiting the trap and entering the sanitary sewer collection and treatment
system. Grease traps and interceptors are sometimes referred to herein as "grease interceptors."
(3) Cooking establishments. Those establishments primarily engaged in activities of preparing, serving,
or otherwise making available for consumption foodstuffs and that use one or more of the following
preparation activities:cooking by frying (all methods), baking(all methods), grilling,sautéing ,rotisserie
cooking,broiling,boiling,blanching,roasting, toasting, or poaching. Also included are infrared heating,
searing, barbecuing,and any other food preparation activity that produces hot,non-drinkable food product in
or on a receptacle that requires washing.
(4) Non-cooking establishments. Those establishments primarily engaged in the preparation of
precooked foodstuffs that do not include any form of cooking. These include cold dairy and frozen
foodstuffs preparation and serving establishments.
(5) Minimum design capaUtility. The design features of a grease interceptor and its ability or
volume required to effectively intercept and retain greases from grease-laden wastewaters discharged
to the public sanitary sewer.
(6) User. Any person, including those located outside the jurisdictional limits of the Utility,who
contributes,causes or permits the contribution of discharge of wastewater into the public treatment works
(PTW), including persons who contribute such wastewater from mobile sources, such as those who
discharge hauled wastewater.
(C) Grease Interceptor Maintenance: Record Keeping and Grease Removal.
(1) Grease interceptors shall be installed by users as required by the Utility Code Enforcement Officer.
Grease interceptors shall be installed at the user's expense,when such user operates a cooking
establishment. Grease interceptors may also be required in non- cooking or cold dairy and frozen foodstuffs
establishments and other industrial commercial,or institutional establishments when they are deemed
necessary by the Utility Code Enforcement Officer for the proper handling of liquid wastes containing grease.
(2) No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 100
milligrams per liter.
(3) All grease interceptors shall be of a type,design,and capaUtility approved by the Utility Code
Enforcement Officer or his or her designee and shall be readily and easily accessible for user cleaning and
Utility inspection. No grease in ter c e p t o r shall be less than 1,000 gallons total capaUtility unless otherwise
approved by the Utility Code Officer.
(4) All grease interceptors shall be subject to review,evaluation,and inspection by the Utility Code
Enforcement Officer during normal working hours. Results of inspections will be made available to facility
owner,lease-holder,or operator. The Utility Code Enforcement Officer may make recommendations for
correction and Improvement.
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FEARRINGTON UTILITIES -SEWER USE REQUIREMENTS
(5) All such grease interceptors shall be serviced and emptied of accumulated waste content as
required in order to maintain minimum design capaUtility or effective volume of the grease interceptor,
but not less than every 30 days.
(6) Users who are required to pass water through a grease interceptor shall:
(a) Provide a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the
calculated theoretical peak flow rate predicted by the Uniform Plumbing Code fixture criteria, between
influent and effluent baffles with 20% of the total volume of the grease interceptor being allowed for sludge
to settle and accumulate,identified hereafter as "sludge pocket".
(b) Remove any accumulated grease cap and sludge pocket as required,but at intervals of not longer
than 30 days at the user's expense. Grease interceptors shall be kept free of inorganic solid materials such as
grit,rocks,gravel,sand,eating utensils,cigarettes, shells,towels,rags,etc.,which could settle into the sludge
pocket and thereby reduce the effective volume of the grease interceptor.
(c) Accept the following conditions:If any skimmed or pumped wastes or other materials removed
from grease interceptors are treated in any fashion onsite and reintroduced back into the grease interceptor as
an activity of and after said onsite treatment,the user shall be responsible for the attainment of established
grease numerical limit consistent with and contained in division(C)(2) on all discharges of wastewater from
said grease interceptor into the Utility's sanitary sewer collection and treatment system.
(d) Operate the grease interceptor in a manner so as to maintain said device such that attainment of
the grease limit is consistently achieved. "CONSISTENT" shall mean any wastewater sample taken from the
grease interceptor shall be subject to terms of numerical limit attainment described in division(C)(2). If an
establishment desires to use an alternative to an out-of-building grease interceptor,because of documented
space restraints, the request for an alternative location shall contain the following information: location of
Utility sewer main and easement in relation to available exterior space outside building;and existing plumbing
at or in a site that uses common plumbing for all services at that site.
(e) Understand and agree that the use of biological additives as a grease degradation agent is not
permitted.
(f) Understand and agree that the use of automatic grease removal systems is conditionally
permissible,upon prior written approval by the Utility Code Enforcement Officer. Any establishment using
this equipment shall operate the system in such a manner that attainment of the grease wastewater
discharge limits outlined in(C)(2),as measured from the unit's outlet,is consistently achieved.
(g) Understand and agree the use of hot water flushing to clear the interceptor is prohibited.
(h) Understand and agree that the Utility Code Enforcement Officer reserves the right to make
determinations of grease interceptor adequacy and need, based on a review of all relevant information
regarding grease interceptor performance, facility site and building plan review and to require repairs to,
modifications,or replacement of such traps.
(i) Understand and agree that a minimum of once per year, the Utility Code Enforcement Officer will
conduct an inspection of the user's grease interceptor. The Utility Code Enforcement Officer will
coordinate with the user during regular monthly pumping to inspect the condition of the grease interceptor
walls,bottom,top,cover, inlet and outlet pipes,and baffles.
(7) The user shall submit a grease trap service record form provided by the Utility Code Enforcement
Officer on the first day of each month. The user shall maintain a written record of trap maintenance for
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EEARRINGTON UTILITIES—SEWER USE REQUIREMENTS
three years. All such records will be available for inspection by the Utility at all times.
(8) Non-grease laden sources are allowed to be connected to sewer lines intended for grease interceptor
service.
(9) Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and
sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to
prevent water inflow and infiltration. The manholes shall also have readily removable covers to facilitate
inspection,grease removal, and wastewater sampling activities.
(D) Violations and Penalties.
(1) Any user failing to submit the grease trap service record,due by the first of each month,to the
Utility Code Enforcement officer by the tenth day of the month,may be fined $100 per week until said
document is submitted.
(2) It shall be a violation of this section for any user to allow floatable oils,fats,or greases to enter the
Utility wastewater collection or treatment system,in excess of the limits outlined in division(C)(2), because of
grease interceptors or other grease handling facilities being inadequately serviced or maintained.
(3) Users receiving unsatisfactory evaluations during inspections may be required,at the user's expense,
to sample its grease interceptor discharge and have it analyzed for oil and grease. Results of such analyses
shall be reported to the Code Enforcement Officer.
(4) Any user found to be in violation shall be notified in writing through certified mail of any non-compliance
and will be required to provide a schedule whereby corrections will be completed. Users known to be in violation
shall be subject to fines of$500 per day until actions are taken to prevent said violations from recurring.
(5) Users who continue to violate this section,three violations in 12 months,may be considered for
discontinuance of sewer service.
(6) Users whose operations cause or allow excessive grease to discharge or accumulate in the Utility
wastewater collection and treatment system may be liable to the Utility for costs related to service calls for
sewer line blockages, line cleaning,line and pump repairs including all labor,materials,and equipment. Failure
to pay all service related charges may also be grounds for sewer service discontinuance.
(E) Existing Facilities.
(1) All existing cooking establishments shall have grease interceptors approved by the Utility Code
Enforcement Officer. Cooking establishments without grease interceptors will be given a compliance
deadline not to exceed six months from the date of the ratification of this chapter.
(2) Failure to comply will be considered a violation of this section and such facilities may be subject to
penalties and corrective actions. Existing facilities shall meet the same requirements for design as new
facilities.
(3) In the event an existing cooking establishment's grease interceptor is either under designed or
substandard in accordance with this policy,the owner(s) will be notified in writing through certified mail of the
deficiencies and required improvements and given a compliance deadline not to exceed six months to conform
with the requirements of this chapter.
§ 51.13 SEVERABILITY.
If any provision,division,word,or section of this chapter is invalidated by any court of competent jurisdiction,
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FEARRINGTON UTILITIES SEWER USE REQUIREMENTS
the remaining provisions,divisions,words, and sections shall not be affected and shall continue in full force
and effect.
§ 51.14 CONFLICT.
All other ordinances and parts of ordinances inconsistent or conflicting with any part of this chapter are
hereby repealed to the extent of such inconsistency or conflict.
§ 51.15 EFFECTIVE DATE.
This chapter shall be in full force and effect from and after approval of the NCUC and adoption by
Fearrington Utilities.
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