WQCS00032_Renewal (Application)_20220715

Town of Valdese — Collections Sytem Permit Renewal Application
System Permit Number— WQCS00032 RECEIVED
1 5 2022
Contact and System ORC—Greg Padgett NCDEQ/DWRINPDES
Office: 828-874-6789
Cell: 828-455-5593
[e-mail]
Contents
1. Application
2. Pump Station List
3. High Priority Line List
4. Annual Budget from Collections System—Budget is a combined budget containing water and
sewer repair and construction
5. Capital Improvement Plan—Overall System +Individual Department CIP Request
Contracts, Sewer Use Ordinance, Fats, Oils and Grease Ordinance
6. Response Action Plan—Spillages
7. Contingency Plan—Pump Station info and Emergency Contact Numbers
8. Comprehensive Collections System Map—Hard Copy attached—Link to Town of Valdese
Utilities GIS System -
https://wpcoq.maps.arcgis.com/apes/webappviewer/index.html?id=0f10da25800f48c5bf99e5 f
b1f285f1e
9. Thumb drive included with digital and link to GIS mapping

State of North Carolina
DWR Department of Environmental Quality
Division of Water Resources
15A NCAC 02T.0400—SYSTEM-WIDE WASTEWATER COLLECTION SYSTEMS
Division of Water Resources INSTRUCTIONS FOR FORM CSA 04-16&SUPPORTING DOCUMENTATION
Documents shall be prepared in accordance with 15A NCAC 02T .0100, 15A NCAC 02T .0400, and all relevant
Division Policies. Failure to submit all required items will necessitate additional processing and review time.
For more information, visit the System-wide Collection System Permitting website:
General — When submitting an application to the Municipal Permitting Unit, please use the following instructions as a
checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided
boxes will help produce a quicker review time and reduce the amount of requested additional information.
The Applicant shall submit one original and one copy of the application and supporting documentation.
The copy may be submitted in digital format.
A. Cover Letter
® Submit a cover letter listing all items and attachments included in the permit application package
B. No Application Fee Required
> No application fee is necessary. The permittee will be billed an annual fee upon issuance of the permit CX CD C
RDR
> The appropriate annual fee for systemwide wastewater collection system permits may be found at:
> Annual Non-Discharge Fees
C. System-Wide Wastewater Collection System (FORM: CSA 04-16)Application:
❑ Submit the completed and appropriately executed System-wide Wastewater Collection System(FORM: CSA 04-
16) application. Any unauthorized content changes to this form shall result in the application package being
returned. If necessary for clarity or due to space restrictions,attachments to the application may be made, as long
as the attachments are numbered to correspond to the section and item to which they refer.
❑ If the Applicant Type in Section I.3 is a Privately-Owned Public Utility, provide the Certificate of Public
Convenience and Necessity(CPCN)from the North Carolina Utilities Commission demonstrating the Applicant is
authorized to hold the utility franchise for the area to be served by the wastewater collection system,or
❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an
application for a franchise has been received and that the service area is contiguous to an existing franchised area
or that franchise approval is expected.
❑ If the Applicant Type in Section 1.3 is a corporation or company, provide documentation if it is registered for
business with the North Carolina Secretary of State.
D. General Information:
➢ The Authorized signing official listed in Section I.4 should match with that of the Applicant certification page in
accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated
as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T
.0106(b).
> NOTE - Public Works Directors are not authorized to sign this permit application, according to the rule,
unless they are formally delegated.
INSTRUCTIONS FOR APPLICATION CSA 04-16&SUPPORTING DOCUMENTATION Page 1 of 5

E. Summaryof Attachments Required:
9
® Instruction A: Cover Letter
▪ Instruction C: Application
❑ Instruction C: Ownership Documentation(i.e.CPCN) (If necessary)
❑ Instruction D: Delegation Letter(If necessary for signing official)
▪ Section IV.3 Pump Station List
❑ Section IV.4 High Priority Lines List
• Section V.4 Annual Budget for Collection System (Updated and Approved)
® Section V.6 Capital Improvement Plan (Updated and Approved)
® Section VI. 2 Response Action Plan
El Section VI.4 Contingency Plan
Section VI.6 Comprehensive Collection System Map
O Section VII Note Any Potential Compliance Issues
THE COMPLETED APPLICATION PACKAGE,INCLDING ALL SUPPORTING INFORMATION AND
MATERIALS,SHOULD BE SENT TO:
NCDEQ-DWR
Water Quality Permitting Section
MUNICIPAL PERMITTING UNIT
By U.S.Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N.SALISBURY ST.Suite 925
RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone] TELEPHONE NUMBER: [phone]
INSTRUCTIONS FOR APPLICATION CSA 04-16&SUPPORTING DOCUMENTATION Page 2 of 5

I. APPLICANT INFORMATION:
1. Applicant's name(Municipality,Public Utility,etc):Town of Valdese
2. Facility Information: Name: Town of Valdese Collection System Permit No.: WQCS00032
3. Applicant type: ®Municipal ❑State ❑ Privately-Owned Public Utility
❑County ❑Other:
4. Signature authority's name: Seth Eckard per 15A NCAC 02T.0106(b)
Title:Town Manager
5. Applicant's mailing address: PO Box 339
City:Valdese State:NC Zip:28690-
6. Applicant's contact information:
Phone number:[phone] Fax number: ( )= Email address: [e-mail]
II. CONTACT/CONSULTANT INFORMATION:
1. Contact Name:Greg Padgett
2. Title/Affiliation: Water Resources Director
3. Contact's mailing address: PO Box 339
4. City: Valdese State:NC Zip:28690-
5. Contact's information:
Phone number:[phone] Fax number: ( ) - Email address:[e-mail]
III. GENERAL REQUIREMENTS:
1. New Permit or Premit Renewal? ❑New ®Renewal
2. County System is located in: Burke County
3. Owner&Name of Wastewater Treatment Facility(ies)receiving wastewater from this collection system:
Owner(s)&Name(s): Town of Valdese
4. WWTF Permit Number(s): NC0041696
5. What is the wastewater type? 20%Domestic orI 80%Industrial(See 15A NCAC 02T.0103(20))
Ii Is there a Pretreatment Program in effect?®Yes or❑No
6. Wastewater flow: 1.7 MGD(Current average flow of wastewater generated by collection system)
7. Combined permitted flow of all treatment plants: 7_5 MGD
8. Explain how the wastewater flow was determined: ❑ 15A NCAC 02T.0114 or® Representative Data
9. Population served by the collection system: 13,000
IV. COLLECTION SYSTEM INFORMATION:
1. Line Lengths for Collection System:
Sewer Line Description Length
Gravity Sewer 57.6(miles)
Force Main 1.9(miles)
Vacuum Sewer 0(miles)
Pressure Sewer 5.93(miles)
APPLICATION CSA 04-16 Page 3 of 5

2. Pump Stations for Collection System:
Pump Station Type Number
Simplex Pump Stations(Serving Single Building) 0
Simplex Pump Stations(Serving Multiple Buildings) 0
Duplex Pump Stations 5
3. Submit a list of all major(i.e.not simplex pump station serving a single family home)pump stations. Include the following
information:
> Pump Station Name
> Physical Location
➢ Alarm Type(i.e.audible,visual,telemetry, SCADA)
> Pump Reliability(Can convey peak hourly wastewater flow with largest single pump out of service)
➢ Reliability Source(permanent/portable generator,portable pumps)
➢ Capacity of Station(Pump Station Capacity in GPM)
4. Submit a list of all high priority lines according per 15A NCAC 02T .0402(2)known to exist in the collection system. Head
the list with"Attachment A for Condition V(4)"and include the system name.
> Use the same line identification regularly used by the applicant
> Indicate type of high priority line(i.e.aerial),material and general location
V. COLLECTION SYSTEM ADMINISTRATION:
1. Provide a brief description of the organizational structure that is responsible for management, operation and maintenance of
the collection system.
Town Manager—Seth Eckard
Water Resources Director and collection systems ORC—Greg Padgett oversight
Public Works Director-Allen Hudson(Back-up ORC)O&M of collection system
Wastewater Maintenance Supervisor-Alex Garrison O&M of pump stations
Pretreatment Coordinator—Candice Cox
2. Indicate the current designated collection system operators for the collection system per 15A NCAC 08G.0201
Main ORC Name: Greg Padgett Certification Number: 995175
Back-Up ORC Name: Jimmy Allen Hudson Certification Number: 1011775
See the"WQCS Contacts and ORC Report"for a current listing of the ORC(s)the Division has on file for WQCS permit
3. Approximate annual budget for collection system only: $600,000
4. Submit a copy of your current annual budget.
5. Approximate capital improvement budget for the collection system only: $0 for 22/23 (10 year plan included)
6. Submit a copy of your current capital improvement plan.
7. Is this collection system currently a satellite system ❑Yes or®No
8. Do any satellite systems discharge to this collection system ®Yes or❑No(If yes complete table below)
APPLICATION CSA 04-16 Page 4 of 5

Satellite System Contact Information(Name,Address,Phone Number)
Burke County General Services, 828-764-9060 or 828-764-9065
Rutherford College Town Hall, 828-874-0333
Town of Drexel 828-437-7421 —after hours 828-430-1794
Complete for Satellite Systems that have a flow or capacity greater than 200,000 GPD(Average daily flow)
9. List any agreements or ordinances currently in place to address flows from satellite systems:
Contracts included.
Sewer Use Ordinance included
Fats,Oils and Grease Ordinance included
VI. COLLECTION SYSTEM COMPLIANCE:
1. Is a Response Action Plan currently in place®Yes or❑No
2. If Yes,submit a copy of the Response Action Plan or see table 6 below.
3. Is a pump station contingency plan currently in place?®Yes or❑No
4. If Yes,submit a copy of the pump station contingency plan or see table 6 below.
5. Is a comprehensive collection system map currently in place? ® Yes or❑No
6. Submit a submit a copy of the collection system map(CD or hardcopy)or indicate a schedule for completion
7. Thoroughly read and review the System-Wide Collection System Permit Conditions. Typically compliance schedules
are only offered to NEW permit applicants and NOT permit renewals. Any compliance dates must be included within
the permit prior to issuance or the permit holder will be found in violation upon inspection.
Current If no, Indicate a Typical
Permit Condition Compliance Compliance
Compliance? Date Schedule
I(4)—Grease ordinance with legal authority to inspect/enforce ®Yes ❑No 12—18 mo.
I(5)— Grease inspection and enforcement program ®Yes ❑No 12—18 mo.
I(6)—Three to five year current Capital Improvement Plan. ®Yes ❑No 12—18 mo.
I(8)—Pump station contingency plan ❑Yes ❑No 3 mo.
I(9)—Pump station identification signs. ®Yes ❑No 3 mo.
I(11)—Functional and conspicuous audible and visual alarms. ®Yes ❑No 3—6 mo.
II(5)—Spare pumps for any station where one pump cannot
handle peak flows alone(in a duplex station,the 2nd pump is ® Yes ❑ No 6—9 mo.
the spare if pump reliability is met).
II(7)—Accessible right-of-ways and easements. ®Yes ❑No 6—12 mo.
II(9)—Response action plan with Items 9(a—h). Z Yes ❑No 3 mo.
III(3)—Comprehensive collection system map ®Yes ❑No 10%per year
For conditions not listed,compliance dates are not typically offered. List any permit conditions that may be difficult for the
applicant to meet(attach clarification if needed):
N/A
APPLICATION CSA 04-16 Page 5 of 5

VII. APPLICANT'S CERTIFICATION per 15A NCAC 02T.0106(b):
I,Seth Eckard,Town Manager attest that this application for Town of Valdese
(Signature Authority's Name&Title from Item 1.4) (Facility name from Item I.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included,this application package
will be returned to me as incomplete.
Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed
$10,000 as well as civil enalfes up to$25,000 per violation.Signature: Date: I' c i f 2
APPLICATION CSA 04-16 Page 6 of 5

SECTION IV.3
PUMP STATION LIST

Mflhi'IIAN TRACE
GENERAL INFORMATION:
• 24 hour monitoring through Omni-Site, Guard Dog website
• https://guarddog.mmnisite.com/Pages/Account/Login.aspx?US
• Gates have signs with Emergency Numbers
• Generator is under a service contract (see below).
• A back up pump is at the WWTP (see below )
• Padlock # 0536
SERVICE / CONTRACTOR INFORMATION:
• Pump partswere purchased from:
o Water & Waste Equipment Co.
912 Stuart Rd.
Cleveland, TN 37312
[phone]
• Carolina Energies (Auto-fill Propane Program) 437-5585
• Generator Services (Don Nichols) 803-939-1470
• Asbury Septic Service (Jay or Carl) 584-1126 or 443-7104
• Connelly Springs Electric 879-2666
MAINTENANCE:
• Weekly checks include: alarms, noises, pump levels, generator stats,
propane level, grounds and physical pump test.
• Valves are exercised 4x/year ( 2 — 2" gate valves )
• Pump station records kept in notebook (WWTP work truck)
UPDATED May 18,2017

HIS/I MEADOWS
GENERAL INFORMATION:
• 24 hour monitoring through Omni-Site, Guard Dog website
• https://guarddag.amnisite.cam/Pages/Account/Login.aspx?US
• Gates have signs with Emergency Numbers
• A back up pump is at the WWTP (see below )
• Padlock # 0536
SERVICE / CONTRACTOR INFORMATION:
• Pump & parts were purchased from:
ClearWater Inc.
315 9th St. SE PO Box 1469
Hickory, NC 28601
828-855-3182 or 828-455-5951
• Asbury Septic Service (Jay or Carl) 584-1126 or 443-7104
• Connelly Springs Electric 879-2666
• Cat Rental Store (Generator) 234-6903
MAINTENANCE:
• Weekly checks include: alarms, noises, pump levels, generator stats,
propane level, grounds and physical pump test.
• Valves are exercised 4x/year ( 2 — 2" gate valves )
• Pump station records kept in notebook (WWTP work truck)
UPDATED May I8,2017

CL/NE ST/?EET
909 Cline Ave.
GENERAL INFORMATION:
• 24 hour monitoring through Omni-Site, Guard Dog website
• https://guarddag.omnisite.com/Pages/Account/Lagin.aspx?DS
• Gates have signs with Emergency Numbers
• A back up pump is at the WWTP (see below )
• (Hoist on-site )
• Padlock # 0536
SERVICE / CONTRACTOR INFORMATION:
• Pump & parts were purchased from:
o ClearWater Inc.
315 9th St. SE PO Box 1469
Hickory, NC 28601
828-855-3182 or 828-455-5951
• Asbury Septic Service (Jay or Carl) 584-1126 or 443-7104
• Connelly Springs Electric 879-2666
• Cat Rental Store (Generator) 234-6903
MAINTENANCE:
• Weekly checks include: alarms, noises, pump levels, generator stats,
propane level, grounds and physical pump test.
• Valves are exercised 4x/year ( 2 - 2" gate valves )
• Pump station records kept in notebook (WWTP work truck)
UPDATED May 18,2017

John Herry Nd
4319 JOHN BERRY RD
GENERAL INFORMATION:
• 24 hour monitoring through Omni-Site, Guard Dog website
• https://guarddog.omnisite.com/Pages/Account/Login.aspx?DS
• Gates have signs with Emergency Numbers
• A back up pump is at the WWTP (see below )
• (Hoist on-site ) Padlock # 0536
SERVICE / CONTRACTOR INFORMATION:
• Pump & parts were purchased from:
o ClearWater Inc.
315 9th St. SE PO Box 1469
Hickory, NC 28601
828-855-3182 or 828-455-5951
• Asbury Septic Service (Jay or Carl) 584-1126 or 443-7104
• Connelly Springs Electric 879-2666
• Generator Services (Don Nichols) 803-939-1470
MAINTENANCE:
• Weekly checks include: alarms, noises, pump levels, generator stats,
diesel level, grounds and physical pump test.
• Valves are exercised 4x/year ( 2 — 2" gate valves )
• Pump station records kept in notebook (WWTP work truck)
UPDATED May 18.2017

Seitz/1'd
4031 Seitz Rd
Morganton, NC 28655
GENERAL INFORMATION:
• 24 hour monitoring through Omni-Site, Guard Dog website
• https://guarddog.omnisite.com/Pages/Account/login.asp?OS
• Gates have signs with Emergency Numbers
• A back up pump is at the WWTP (see below )
• (Hoist on-site ) Padlock # 0536
SERVICE / CONTRACTOR INFORMATION:
• Pump & parts were purchased from:
o ClearWater Inc.
315 9th St. SE PO Box 1469
Hickory, NC 28601
828-855-3182 or 828-455-5951
• Asbury Septic Service (Jay or Carl) 584-1126 or 443-7104
• Connelly Springs Electric 879-2666
• Generator Services (Don Nichols) 803-939-1470
MAINTENANCE:
• Weekly checks include: alarms, noises, pump levels, generator stats,
propane level, grounds and physical pump test.
• Valves are exercised 4x/year ( 2 - 2" gate valves )
• Pump station records kept in notebook (WWTP work truck)
UPDATED May 18,2017

Cline Street
2 Fairbanks Morse 4" D5433MV submersible, sewage pumps (grinder pumps)
Conditions: 200 gpm @ 150 TDH
30 Hp, 1770 RPM
3/60/230 volt
High Meadows
2 Hydromatic 1.25" HPGH 300 submersible, sewage pumps (grinder pumps)
Conditions: 50 gpm @ 40 TDH
3 Hp 1750 RPM
3/60/230 volt
Morgan Trace
2 Hydromatic 2" HPGH 500M 2 submersible sewage pumps (grinder pumps)
Conditions: 58 gpm
5 Hp 3500 RPM
1/60/230 volt
John Berry Rd
2 Fairbanks Morse: Size & Model 4D5434MV
Conditions: 683 gpm @ 226 TDH
100 Hp, 1780 RPM
3/60/460 volt

Seitz Road
2 Fairbanks Morse: Size & Model 4D5432MV
Conditions: 400 gpm @ 40' TDH
10 Hp, 1800 RPM
3/60/230 volt
UPDATED 3/17/15

SECTION IV.4
HIGH PRIORITY LINES LIST
Town of Valdese Collection System
Permit # WQCS00032

Asset Listing
Valdese Town of Valdese
Model Number Install Date Retirement Date
Asset ID Asset Description Asset Type ID Manufacturer ID Serial Number Location ID Line ID Install Cost Replacement Cost Status ID
Bleynat Aerial Bleynat Aerial-Bleynat Active
and Mitchel outfall �
junction `J 4 c-1' 1
Campbell Aerial Campbell Aerial-From Active
cul da sac Mountian View
Childress Park Childrens Park Aerial Active
Aerial
Church St Aerial Church St Aerial Active
Curville Aerial(4) Curville Aerial(2)- Active
County Flume-(2)
Upstream Coming From
Creekside
Davis Creek Davis Creek Crossing Active
Crossing Aerial Aerial
Eldred St Aerial Eldred St Aerial Active
Hospital Aerial Hospital Aerial Active
Hoyle Creek Hoyle Creek Treatment Active
Treatment Plant Plant Aerial
Aerial
Hwy 70 Aerial Hwy 70 Aerial-700ft Active
north of Bridge at /
Childrens Park
McGalliard Creek McGalliard Creek Aerial Active
Aerial 48
Perkins Field Aerial Perkins Field Aerial Active
Praley North Aerial Praley North Aerial Active
Printed Date:5/15/2014
/15/2014 11:08:34 AM Report ID: 1113 Page 1 OF 2

Asset Listing
Valdese Town of Valdese
Model Number Install Date Retirement Date
Asset ID Asset Description Asset Type ID Manufacturer ID Serial Number Location ID Line ID Install Cost Replacement Cost Status ID
Rutherford College Rutherford College Aerial Active
Aerial -to Hoyle Plant Outfall
Sewer Aerial List Sewer Aerial List-See STREET Active
Comments
Springwood Aerial Springwood Aerial Active
Valdese Weavers Valdese Weavers Aerial- Active
Aerial Waste Treatment Rd
Water Plant Aerial Water Plant Aerial Active
Total Assets for Site: Valdese 18
Total Assets for Report: 18
(id LIKE N'%aerial%)
Printed Date:
5/15/2014 11:08:34 AM l amint Report ID: 1113 Page 2 OF 2

SECTION V.4
Annual Budget for Collection System (Updated and Approved)

+ O14i al "6
0 L
El" I : 1
li
1-
1g1 cfitflu "
Fiscal Year 2022 - 2023
Adopted BUDGET

Table of ontents
BUDGET ORDINANCE 1
GENERAL FUND:
Summary 4
Revenue 6
Expenditure 8
Capital Improvement Plan 21
UTILITY FUND:
Summary 24
Revenue 26
Expenditure 28
Capital Improvement Plan 32
RATE and FEE SCHEDULES 36
WATER and SEWER RATE STUDY and PLAN 46

TOWN OF VALDESE BUDGET ORDINANCE
FISCAL YEAR 2022-2023
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VALDESE, NORTH CAROLINA, THAT:
Section 1: The following amounts are hereby appropriated to the fund set forth for the operation of the town
government and its activities for the fiscal year beginning July 1, 2022, and ending June 30, 2023, in
accordance with the chart of accounts heretofore established for this town:
GENERAL FUND-OPERATIONS $ 6,364,259
Governing Body $ 82,835
Administration 1,139,938
Public Works 193,523
Maintenance&Grounds 261,432
Planning 66,944
Police 1,210,334
Fire 972,961
Street 408,041
Powell Bill 146,300
Sanitation 335,472
Recreation 938,939
Tourism/Community Affairs 607,540
GENERAL FUND-CAPITAL OUTLAY $ 405,000
Governing Body $ 23,000
Administration 2,000
Public Works 20,000
Maintenance&Grounds -
Planning 16,000
Police 45,000
Fire 175,000
Street 32,000
Powell Bill -
Sanitation 32,000
Recreation -
Tourism/Community Affairs 60,000
WATER SEWER FUND-OPERATIONS $ 4,910,641
Water $ 1,907,590
Wastewater 1,739,692
Water&Sewer Construction 1,263,359
WATER SEWER FUND- CAPITAL OUTLAY $ 764,600
Water $ 400,000
Wastewater 364,600
Water& Sewer Construction -
TOTAL BUDGET $ 12,444,500
1

TOWN OF VALDESE BUDGET ORDINANCE
FISCAL YEAR 2022-2023
Section 2: It is estimated, and therefore appropriated, that the following revenues will be made available
to the respective funds for the fiscal year beginning July 1, 2022 as follows:
GENERAL FUND $ 6,769,259
UTILITY FUND 5,675,241
TOTAL REVENUES $ 12,444,500
Section 3: There is hereby levied an ad valorem tax at the rate of fifty-four and one half cents($0.545) per
one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2021, for the purpose
of raising a portion of the revenue listed in the General Fund appropriation in Section II of this ordinance.
This rate, based upon an estimated total valuation of$390,920,742 will generate a levy of$2,081,302 with
an estimated collection rate of 97.69%.
Section 4: As set forth in the Utility Fund Debt Service of the FY 2022-2023 budget document, the amount
of$360,688 is appropriated for the purpose of debt service and that this amount is sufficient for the complete
and proper payment of all bond principal, bond interest and commissions on the outstanding debt of the
town relating thereto for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
Section 5: As set forth in the General Fund Debt Service Section of the FY 2022-2023 budget document,
the amount of$260,244 is appropriated for the purpose of debt service and that this amount is sufficient for
the complete and proper payment of all bond principal, bond interest and commissions on the outstanding
debt of the town relating thereto for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
Section 6: The operating funds encumbered on the financial records of June 30, 2022 are hereby
reappropriated into this budget.
Section 7: The corresponding "Fiscal Year 2022-2023 Rate and Fee Schedule" is approved with the
adoption of this Annual Budget Ordinance.
Section 8: The Budget Officer is hereby authorized to transfer appropriations within a fund as contained
herein under the following conditions:
a. He may transfer amounts between line-item expenditures within a department
without limitation and without a report being required.
b. He may transfer amounts of $10,000 between departments of the same fund
without a report being required.
c. He may not transfer any amounts between funds or from any fund balance
appropriation within any fund without approval of the Town Council.
Section 9: The Budget Officer is hereby authorized to execute agreements, within funds included in the
Budget Ordinance or other actions by the Governing Body, for the following purposes:
a. Form grant agreements to public and non-profit organizations
b. Leases of routine business equipment
c. Consultant, professional, or maintenance service agreements
d. Purchase of supplies, materials, or equipment where formal bids are not required by law
e. Applications for and agreements for acceptance of grant funds from federal, state, public, and non-
profit organizations, and other funds from other governmental units, for services to be rendered
which have been previously approved by the Governing Body
f. Construction or repair projects
g. Liability, health, life, disability, casualty, property, or other insurance or performance bonds
h. Other administrative contracts which include agreements adopted in accordance with the directives
of the Governing Body.
2

TOWN OF VALDESE BUDGET ORDINANCE
FISCAL YEAR 2022-2023
Section 10: Copies of this budget ordinance and accompanying documents shall be furnished to the finance
office, budget officer, and other department heads of the Town of Valdese to be kept on file by them for
their direction in the disbursement of funds.
Upon introduction by Town Manager Seth B. Eckard, motion to adopt by
CouncilWOr l Tl[Lie biarI , and seconded by Council woman Low marl , the vote
was J�_ � i JO
(1iberrO
This ordinance is adopted on this the 6in day June, 2022.
WG
Charles Watts., Mayor
Attest:
J ica Lail, Towntlerk O\t‘N OF No
� cD�
INCORPORATED
1920
209T �\�Q.
CA110
3

UTILITY FUND
SUMMARY

2022-2023 Budget
Utility Fund Summary
OPERATING BUDGET
Department FY20-21 Budget FY21-22 Budget FY22-23 Adopted
WATER PLANT 1,956,317 1,871,061 1,907,590
WASTE WATER PLANT 1,858,506 1,689,112 1,739,692
WATER & SEWER CONSTRUCTION 1,093,558 1,235,157 1,263,359
Operating Total 4,908,381 4,795,330 4,910,641
CAPITAL BUDGET
WATER PLANT 45,000 165,000 400,000
WASTE WATER PLANT 45,000 274,300 364,600
WATER & SEWER CONSTRUCTION 40,600 82,000 0
Capital Total 130,600 521,300 764,600
TOTAL BUDGET 5,038,981 5,316,630 5,675,241
REVENUE
TOTAL REVENUES 5,675,241
25

2022-2023 Budget Allocation
WASTE WATER PLANT
Line Item Description Account Code 2019-20 Actual 2020-21 Actual 2020-21 Budget 2021-22 Budget 2022-23 Adopted
SALARIES&WAGES 30-8110-020 389,620 362,577 390,668 374,886 395,009
OVER TIME PAY 30-8110-021 0 0 0 0 0
PART TIME PAY 30-8110-022 0 0 0 0 0
PROFESSIONAL SERVICES 30-8110-040 2,419 80 2,500 2,500 2,500
FICA TAX 30-8110-050 29,088 27,030 30,285 28,560 30,099
GROUP INSURANCE 30-8110-060 83,280 72,805 83,272 80,398 87,814
RETIREMENT 30-8110-070 34,931 36,899 40,499 42,596 47,843
TELEPHONE&INTERNET 30-8110-110 1,365 2,479 3,264 3,264 3,264
ELECTRIC 30-8110-130 217,318 248,499 272,580 225,000 225,000
FUEL OIL 30-8110-132 3,785 6,934 7,500 7,500 7,500
TRAINING 30-8110-140 2,842 5,317 5,425 4,925 4,925
MAINT.&REPAIR BLDGS 30-8110-150 106,207 102,242 110,000 110,000 110,000
MAINT.&REPAIR EQUIPMENT 30-8110-160 15,578 11,354 12,000 12,000 12,000
MAINT.&REPAIR AUTO 30-8110-170 667 177 2,090 2,090 2,090
ADVERTISING 30-8110-260 0 0 100 100 100
AUTO SUPPLIES GAS 30-8110-311 2,970 1,254 4,050 4,860 5,670
AUTO SUPPLIES DIESEL 30-8110-312 0 0 0 0 0
AUTO SUPPLIES TIRES 30-8110-313 5,510 944 2,900 2,900 2,900
AUTO SUPLIES OIL 30-8110-314 216 0 750 750 750
DEPT.SUPPLIES&MATERIALS 30-8110-330 6,077 6,036 12,000 12,000 12,000
CHEMICALS 30-8110-332 44,527 41,745 57,615 59,014 77,318
LAB SUPPLIES 30-8110-333 8,918 7,484 9,000 9,000 12,000
WOOD CHIPS 30-8110-336 29,796 40,040 51,000 51,000 51,000
UNIFORMS 30-8110-360 3,711 3,131 3,750 3,750 3,750
CONTRACTED SERVICES 30-8110-450 14,812 12,116 13,060 13,060 13,860
IT 30-8110-490 375 0 500 500 500
LONG TERM MONITORING 30-8110-500 16,263 17,399 18,500 18,500 18,500
DUES AND SUBSCRIPTIONS 30-8110-530 7,690 8,010 8,670 8,670 8,670
INSURANCE AND BONDS 30-8110-540 28,000 28,000 28,000 28,000 28,000
MISCELLNEOUS EXPENSE 30-8110-570 0 0 0 0 0
SAFETY 30-8110-572 2,123 1,500 2,500 2,500 2,500
CAPITAL OUTLAY 30-8110-740 0 0 45,000 274,300 364,600
DEBT SERVICE 30-8110-910 157,948 154,115 154,116 7,650 0
PRO RATA 30-8110-920 550,000 550,000 550,000 550,000 550,000
VEDIC 30-8110-930 12,500 10,000 12,500 12,500 12,500
ECONOMIC DEV BPED 30-8110-931 9,695 5,161 9,695 10,639 11,630
TOTAL 1,788,231 1,763,329 1,943,789 1,963,412 2,104,292
30

2022-2023 Budget Allocation
WATER SEWER CONSTRUCTION
Line Item Description Account Code 2019-20 Actual 2020-21 Actual 2020-21 Budget 2021-22 Budget 2022-23 Adopted
SALARIES&WAGES 30-8120-020 284,260 319,389 319,389 352,177 382,276
OVER TIME PAY 30-8120-021 8,309 6,508 18,030 18,030 18,030
PART TIME PAY 30-8120-022 0 0 0 0 0
PROFESSIONAL SERVICES 30-8120-040 71,503 56,531 76,456 76,806 76,996
FICA TAX 30-8120-050 21,188 23,668 24,936 27,963 30,265
GROUP INSURANCE 30-8120-060 61,887 69,913 72,232 86,104 95,164
RETIREMENT 30-8120-070 26,122 32,291 33,346 40,320 46,387
TELEPHONE&INTERNET 30-8120-110 4,398 4,057 5,520 2,700 2,700
POSTAGE 30-8120-111 10 0 510 510 510
PRINTING 30-8120-120 694 0 980 1,481 1,481
ELECTRIC 30-8120-130 12,513 19,313 23,208 18,108 20,088
NATURAL GAS 30-8120-131 3,040 366 4,260 0 0
TRAINING 30-8120-140 1,305 2,287 2,970 2,970 2,970
MAINT.&REPAIR BLDGS 30-8120-150 43,696 48,896 56,881 43,250 43,250
MAINT.&REPAIR EQUIPMENT 30-8120-160 5,022 4,121 9,100 10,650 10,650
MAINT&REPAIR AUTO 30-8120-170 4,252 2,615 5,715 3,693 3,693
ADVERTISING 30-8120-260 100 0 100 100 100
AUTO SUPPLIES GAS 30-8120-311 13,522 7,287 12,965 8,763 8,763
AUTO SUPPLIES DIESEL 30-8120-312 1,258 946 2,510 3,668 3,668
AUTO SUPLIES TIRES 30-8120-313 2,682 0 5,700 5,200 5,200
AUTO SUPPLIES OIL 30-8120-314 1,306 86 2,531 2,180 2,180
DEPT.SUPPLIES&MATERIALS 30-8120-330 68,315 52,772 57,418 57,418 68,902
METERS 30-8120-331 2,303 1,084 7,750 5,000 8,000
CHEMICALS 30-8120-332 447 1,582 1,700 1,700 1,700
UNIFORMS 30-8120-360 6,354 6,350 6,380 6,730 3,328
CONTRACTED SERVICES 30-8120-450 81,528 71,166 87,989 102,283 102,063
IT 30-8120-490 500 0 1,000 1,000 1,000
DUES AND SUBSCRIPTIONS 30-8120-530 4,848 2,825 5,309 5,449 5,449
INSURANCE AND BONDS 30-8120-540 28,612 28,612 28,612 28,612 28,612
MISCELLANEOUS EXPENSE 30-8120-570 0 0 0 0 0
SAFETY 30-8120-572 1,291 310 1,400 1,400 2,660
CAPITAL OUTLAY 30-8120-740 32,850 111,805 141,234 82,000 0
DEBT SERVICE 30-8120-910 147,188 199,088 223,372 308,681 287,274
TOTAL 941,303 1,073,865 1,239,503 1,304,946 1,263,359
31

SECTION V.6
Capital Improvement Plan (Updated and Approved)

CAPITAL
IMPROVEMENT
PLAN
UTILITY FUND

Town of Valdese Water and Sewer Utility Fund
Capital Improvements Plan
Water Distribution/Wastewater Collection
Project 10.Yr CIP Cost FY 1 FY 2 FY 3 FV 4 FY 5 FY6 FY7 FY 8 FY 9 FY 10 Years 11+Number Project Description Cost 2023 2024 2025 2026 2027 '�i 2028 2029 2030 2031 2032 2033
Vehicles and Equipment
1 2022 Chevy 3500 Dmeel 444 - 76,130
2 2014 Cat Mini Trackhoe 87.300 87.300
3 2009 Pipe Hunter Jet M 35418 45.800
4 2018 Ford F150 Meter Truck 40,000 40011t1
5 Trailer 16,700 16,100
6 2021 Chevy 4x4 40,000 40,000
7 2011 Ford 444 F350 33.400 33,400
8 2006 Chevy Dump Trunk 1.5 Ton 52.200 52.200
9 2017 Ford F250 444 60,200 60,200
10 2016 Ford F150444 30.500 30,500
Subtotal Vehicles and Equipment 406,100 - 172,900 - 76,300 76,900 40,000 - - 40,000 - 78,130
Infrastructure Improvements
11 Advent St.Tank and Booster Station - 3,850,500
12 Meter Replacements 154,100 15,700 16,000 16,400 16,700 17,100 17.500 17,900 18,200 10800
13 Renew Arc-Flash Study 7,200 3,400 3,800
14 Hams Avenue PS Gravity Sewer Extension - 2,081,470
15 Holly Hills Sewer System Extension - 4,403.660
18 Ridgewood-185 Loop 907,200 907,200
17 Mt.Home-Hawkins Loop 1,784,100 1.764.100
18 Jacumin Rd.Loop - 3.837,720
19 Water Main Replacement 750,000 750,000
20 Sewer Main Rehabilitation 3250.000 1,500.000 1,750,000
• Subtotal-Infrastructure Improvements 6.832,600 - 15,700 926.600 1,516,400 16,700 1,785,000 17,500 1,767,900 760.200 18,600 14,183,350
10-Yr GIP:Water DielributWo I Wastewater Collection FY23-32 7,238,700 - 185.800 926,600 1.592,700 93,800 1,825,000 17,500 1,767,000 800,200 16,800 14.259,480
33

Town of Valdese Water and Sewer Utility Fund
Capital Improvements Plan
Wastewater Treatment Division
•
Project 10-Yr CIP Cost FYI FY2 FY3 FY4 FY5 FY6 FY] FYI li FY9 FY 10 Veers 170
Number Protect Description Cost 2023 2026 I2025 I 2026 I 2027 2026 2029 I2030 2031 I 2032
Vehicles and Equipment I
1 1998 Bioso6ds Truck 62,400 62 400 1
2 Sludge Trailer 38,500 38.500
3 2008 Compost Loader 158,600 158.600 '.
4 2014 Plant Truck 32,700 0,1i_
5 Maint Vehicle 2013 -
6 2017 Lab Truck 28,500 .05.0
7 Riding Mower(2004) 11.800 __ ,2: i 0 100
Subtotal Vehicles and Equipment 332,500 158,600 100,900 - 32.700 - 26.500 11,600 - - - 10,100
Plant Upgrades and Improvements
8 Seal Replacement for Influent Pumps 162 7,400 '.030 i 8.300
9 Seal Replacement for Influent Pumps 384 16,900 16.900 6.000
10 Seal Replacement for Secondary Waste Pumps -
11 Seal Replacement for Sludge Recycle Pumps 11,000 11,000
12 Centrifuge#2 Overhaul 80.600 80,600
13 Centrifuge#1 Overhaul 83.000 83,000
14 Roof SO2 Building
15 Admin Building Roof 70.000 ]0,011n
16 Dewatenng Building Roof 115.000 115.000
17 Sludge Recycle PS Building Roo/ 56.000 56,000
18 Sludge Grinder#1 - 20.h00
19 Sludge Gnnder#2 - a'0o
20 Aeration Basin -
21 Spare Pump Cline Street 6,500 6,500
22 Cline Street PS Modifications 1,490.000 1 490,000
23 Spare Pump Morgan Trace 8.700 8.700
24 Spare Pump High Meadows 8,700 8,700
25 Spare Pump John Bemy - 05
26 Spare Pump Seitz -
27 Primary Clarifier#2 Drive&Bridge Replacement -
28 SCADA 29.200 13,500 15.700
29 Renew Arc-Flash Study 31.700 13.700 18.000
30 6'Compound Flow Meter 63.050
31 Biosol4s Drying Equipment - 10.800000
32 Converaion to Ultraviolet Disinfection - 937.000
33 Concrete Work at Compost Pad 85,000 40,000 25.000
34 WWTP Equipment Rehab&Replacement 436,500 116,500 120,000 200,000
35 Recycle Pump/Moor/VFD Replace 206,000 206,000
Subtotal Plant Upgrades and Improvements 2,722,200 206,000 1,617,100 125,100 100,400 - 215,500 127,400 315,000 15,700 - 16,000,250
10-Yr CIP Wastewater Treatement FY23-32 3,054,700 364.600 1.316000 125.100 133,100 - 244,000 139,200 315,000 15,700 - 18.010,350
Total System Capital Improvements Plan
10-Yr CIP: Total Water and Wastewater 6Y23-32 20,207.430 764,600 6,719,600 1,076,300 1,901,000 128,200 2,089,000 156,700 2,207,900 823,900 4,340,230 37,037,210
35

STATE OF NORTH CAROLINA
EXTENSION TO
COUNTY OF BURKE SUPPLEMENTAL AGREEMENT
THIS ACREEL\IENT, made and entered into this the 2nd day of
Februzy
iantrery- 7, by and between the TOWN OF VALDESE, a North Carolina Municipal
Corporation, hereinafter called the "Town", and BURKE COUNTY, North Carolina, a.
body corporate and politic, hereinafter called the "County";
WITNESSETH:
WHEREAS, the parties entered into a Supplemental Agreement (the
"Supplemental Agreement") dated May 22, 1979, by which the Town agreed to •
provide water and wastewater treatment services to the County; and
WHEREAS, the parties amended said Supplemental Agreement by an Addendum
(the "Addendum") dated January 3, 1981; and
WHEREAS, the Supplemental Agreement and Addendum expire on January 31,
1987; and
WHEREAS, the parties desire to extend the terms of the Supplemental
Agreement and Addendum to January 31, 1990.
NOW THEREFORE, for and in consideration of the premises and the mutual
covenants, terms and conditions contained herein, the parties agree as follows:
I. That Paragraph 1 of Section 5 of the Supplemental. Agreement dated
May 22, 1979 , is heceby amended to read as follows :
(a) nce Town shall supply an amount of wa! - and wastewater treatment
sufficient to meet the needs of the County up to a maximum of 700,000 gallons of
water per day and 300,000 gallons of wastewater per day. That any monthly average
flow exceeding these guaranteed capacities of 700,000 gallons per day and 300,000
gallons per day for water and wastewater respectively, shall be assessed a surcharge
to the County of twenty percent (20°6) of the then current rate.
2. That Paragraph 12 of the Supplemental Agreement dated .blay 22, 1979, is
hereby amended to include the following:

•
(a) The Town shall reserve the right to increase the water rate.schedule
during the term of this contract in an amount not to exceed five percent (5%) over
the three-year period. The Town shall meet conditions listed under Paragraph 13 of
the Supplemental Agreement dated May 22, 1979, prior to the implementation of a
rate increase.
3. That each party to this agreement shall maintain general public liability
insurance in minimum amounts of $500,000 which shall provide coverage for matters
and events arising out of the construction, operation, maintenance,
and control of
the water distribution system. Further, each party agrees to provide the other with a
current certificate of insurance evidencing such coverage. Further, each party agrees
to save, hold harmless, and indemnify the other from claims of third parties against
each for damages arising out of the construction, operation, maintenance, and
control of the water distribution system.
4. That the Supplemental Agreement and Addendum as amended are hereby
extended until January 3l, 1990. Except as amended herein, all other terms and
conditions of said Supplemental Agreement, as amended by the Addendum, shall
remain in full force and effect.
IN TESTIMONY WHEREOF, the Town has caused this instrument to be
executed by its Mayor, and the County has caused the same to be executed by its
Chairman of the Board of County Commissioners, and each party
has caused its
official seal to be affixed and attested in duplicate originals, all the day and year
first written above.
TOWN OF VA LDESE
BY:
MA OR
ATTEST: T
/
- ,
TOWN CLERK
(CORPORATE SEAL)
-2 •
-

•
BURKE COUNT •
BY: a�Z C7_'<<%_C_
Y A. . MAHON, Chairman
rke Cou y Board of Commissioners
ATTEST: -
JA • # r
e County Board •f Commissioners
(CORPORATE SEAL)
•
-3-

VALDESE AND RUTHERFORD COLLEGE
WATER SUPPLY AND WASTE WATER
TREATMENT AGREEMENT
THIS AGREEMENT is made and entered into this lo ' day of (J Lie)e_, ,2016
between the TOWN OF VALDESE, a municipal corporation, ("Valdese") and the TOWN OF
RUTHERFORD COLLEGE, a municipal corporation, ("Rutherford College").
WITNESSETH:
WHEREAS, Valdese owns and operates a water distribution system capable of providing
Rutherford College with the quantity of water provided in this agreement; and
WHEREAS, Valdese also owns and operates a waste water treatment facility; and
WHEREAS, for many years Valdese has supplied water and waste water treatment services
to Rutherford College; and
WHEREAS,the water and waste water agreements between Valdese and Rutherford
College have expired, and the parties desire to enter into a new agreement setting forth the terms
under which Valdese shall continue to supply water and provide waste water treatment services to
Rutherford College;
NOW,THEREFORE,in consideration of the mutual covenants and agreements hereinafter
contained, the parties agree as follows:
A. WATER SUPPLY:
Valdese agrees to supply water to Rutherford College, and Rutherford College agrees to
purchase water from Valdese, upon the following terms and conditions:
WATER QUALITY
1. The water supplied by Valdese to Rutherford College shall meet applicable purity
standards of NCDEQ (or the then current state regulatory authority) and other applicable
regulatory agencies to the best of Valdese's ability and consistent with industry practices and
standards. Any and all regulatory compliance problems or issues shall be resolved with all possible
dispatch.
RATES AND PAYMENTS
2. Valdese shall furnish to Rutherford College not later than the 10`h day of each
month an itemized statement of the amount of water furnished to Rutherford College during the
preceding month and a bill for such water. The itemized statement shall include a statement of
the amount of water furnished to Rutherford College through each master meter and a statement
of the amount of water furnished through the Hospital meter.

3. Rutherford College agrees to pay Valdese (not later than on the 15th day of each
month) for the water supplied to Rutherford College during the prior calendar month. The initial
rate charged for water supplied to Rutherford College shall be the bulk rate of$3.24 per 1,000
gallons of water,the rate Valdese charges its other bulk rate customers (presently Burke County and
Icard Water Corporation). From time to time Valdese may increase the rate it charges
Rutherford College for water; however, the rate Valdese charges Rutherford College shall at
no time be greater than the rate Valdese charges its other bulk rate water customers.
The Valdese Hospital Campus(the Hospital)is located within the corporate limits of
Valdese, and the Hospital is a Valdese water customer. Valdese shall bill the Hospital directly for
the water the Hospital uses,and Valdese shall not include the number of gallons used by the
Hospital in its calculations of the amount of water supplied to Rutherford College.
Rutherford College guarantees that it will purchase from Valdese a minimum of 3
million gallons of water per month. If Rutherford College uses less than 3 million gallons of water
during a month,Rutherford College shall nevertheless be required to pay for 3 million gallons of
water.
4. If any bill for water used during a calendar month is not paid by the 15th day of the
following month, a late payment penalty of 10%of the past due bill will be assessed monthly until
the water bill is paid in full.
5. If Rutherford College defaults in the payment of any monthly water bill or if
Rutherford College otherwise defaults under its obligations set forth in the agreement and
Rutherford College fails to cure such default within ten (10) days after mailing of written notice
of such default, Valdese, in addition to other available remedies, shall have the right to shut off
the water to Rutherford College upon obtaining an order from a court of competent jurisdiction
declaring Rutherford College to be in default. Any discontinuance of service for such cause shall
not release Rutherford College from its obligation to pay all water bills due in accordance with
this agreement.
EQUIPMENT AND OPERATIONS
6. Valdese is the owner of the existing master water meters serving Rutherford
College, including the Hospital meter, and Valdese shall be responsible for maintaining those
existing meters used to measure the supply of water furnished to Rutherford College. In the event
any additional meters are required to be installed,Rutherford College shall be responsible for
providing those meters,meter pits,check valves, and all other related devices. Plans and
specifications for any additional meters and meter pits must be submitted to and approved in
advance by Valdese. Such approval shall not be unreasonably withheld. All such meters and
related devices must be installed by qualified contractors, and the installation of that equipment
must be inspected and approved by Valdese's engineer. All such other meters and related devises
shall become the property of Valdese, and Valdese shall be responsible for maintaining such
additional meters as are installed according to terms of this paragraph.
2

7. Both Valdese and Rutherford College shall have access to the master meters at all
reasonable times in order to have the master meters tested and to otherwise insure that the master
meters are in good working order. If a party has a master meter tested, the party obtaining the test
shall bear the full expense of having the master meter tested and calibrated. The testing party
must promptly provide all test results to the other party.
The readings of any meter disclosed by tests to be inaccurate shall be corrected
for the six (6) months prior to such test in accordance with the percentage of inaccuracy found by
the test. A meter registering not more than 3% above or below the test results shall be deemed to be
accurate. If any meter fails to register for any period, the amount of water furnished during that
period shall be deemed to be the amount of water delivered in the corresponding period
immediately prior to the failure,unless Valdese and Rutherford College agree upon a different
amount.
INTERRUPTION OF DELIVERY
8. Valdese will operate and maintain its system in an efficient manner, and Valdese
agrees that it will use its best efforts to furnish Rutherford College with the quantities of water
required by this agreement. Temporary or partial failures in water delivery shall be remedied with
all reasonable dispatch. The parties agree,however,that Valdese will not be responsible for
damages to either Rutherford College or any of its customers for any interruption or failure to
supply water of the quantity or quality required by this agreement. In the event of an extended
shortage of water or the supply of water available to Valdese is otherwise diminished over an
extended period of time, the supply of water to Rutherford College consumers shall be reduced
or diminished in the same ratio or proportion as the supply to Valdese consumers is reduced or
diminished.
PRESSURE
9. Valdese agrees to provide to Rutherford College that amount of pressure
hydraulically available within Valdese's water system. Valdese makes no other representations
regarding the pressure to be provided to Rutherford College, and Valdese shall not be held
responsible to Rutherford College or to any of its customers as a result of the amount of water
pressure provided to Rutherford College.
STORAGE TANKS
10. Storage tanks installed by Rutherford College may affect the pressure of the overall
water system, including pressure available to Valdese customers. Rutherford College therefore
agrees that it will not install tanks for the storage of water without the prior written approval of
Valdese as to the size and location of the tanks.
USE OF WATER
11. Rutherford College agrees to refuse to sell or deliver water to any property owner or
resident whose property is or becomes contiguous to the corporate limits of Valdese;provided,
3

however,if Valdese elects not to serve a property owner or resident whose property is or becomes
contiguous to the corporate limits of Valdese, Rutherford College may serve such customer until
such time as Valdese elects to serve such property owner or resident. Likewise, Valdese agrees to
refuse to sell or deliver water to any property owner or resident whose property is or becomes
contiguous to the corporate limits of Rutherford College;provided,however,if Rutherford College
elects not to serve a property owner or resident whose property is or becomes
p Y p p y contiguous to the
corporate limits of Rutherford College,Valdese may serve such customer until such time as
Rutherford College elects to serve such property owner or resident. If the customer is contiguous to
the corporate limits of both towns,the town initially serving the customer shall continue to provide
water to the customer unless and until that customer is annexed into one of the towns, at which time
the customer shall be served by the town into which the property was annexed.
12. Valdese is able to supply Rutherford College with the water Rutherford College
presently uses and such additional amounts of water as the parties expect that Rutherford College
will need during the term of this agreement based on historical increases in Rutherford College's
water use. If Rutherford College were to supply water to one or more new customers who use large
amounts of water,depending on the amount of the unexpected increase in water use it is possible
that Valdese would not be able to meet that increased demand. Therefore,before Rutherford
College agrees to provide water to a new industry or customer that is expected to use a large amount
of water, Rutherford College shall first consult with Valdese to make sure that Valdese has
sufficient capacity available to supply that additional amount. In such event,Valdese's consent to
supply the needed additional amount of water shall not be unreasonably withheld.
PURCHASE FROM OTHER SOURCES
13. Rutherford College shall not purchase water from any other source unless Valdese is
unable to supply the amount of water needed by the Rutherford College. In the event Valdese is
unable to supply the amount of water needed by Rutherford College, Rutherford College shall
notify Valdese in writing prior to its purchase of water from other sources and Rutherford College
shall purchase from other sources only that quantity of water Valdese is unable to supply.
RESALE OF WATER
14. Rutherford College shall use the water it purchases only to supply water to its water
customers. Rutherford College shall not sell water to any governmental unit or to any other water
provider.
B. WASTE WATER TREATMENT SERVICES:
Valdese agrees to treat Rutherford College's waste water, and Rutherford College agrees to
purchase its needed waste water treatment from Valdese, upon the following terms and conditions:
AGREEMENT TO TREAT WASTE WATER
15. Valdese shall supply to Rutherford College waste water treatment pursuant to the
provisions hereinafter set forth. In the event Valdese, because of acts beyond its control, such as,
4

but not limited to, acts of God, strikes, earthquakes, fire, mechanical breakdowns or other
casualties, cannot meet the requirements of this agreement, Valdese shall not be liable for its
failure to meet such requirements but agrees to reduce its services to all of its users located
outside its corporate limits on a pro-rata basis.
RATES AND PAYMENTS
16. Valdese shall furnish to Rutherford College not later than the 10`h day of each
month an itemized statement of the amount of Rutherford College's waste water treated by
Valdese during the preceding month and a bill for such treatment.
17. Rutherford College agrees to pay Valdese (not later than on the 15th day of each
month) for waste water treatme
nt supplied to Rutherfordthe prior calendar month.
The initial rate charged for treatment f Rutherford College's waste water
shall be the rate of$2.23
per 1,000 gallons of waste water treated,the rate Valdese charges its other bulk rate waste
treatment customers(presently Burke County and Drexel). Valdese may from time to time
ter
increase the rate it charges Rutherford College for waste water treatment; however, the rate
Valdese charges Rutherford College for waste water treatment shall at no time be greater
than the rate Valdese charges its other bulk rate waste water treatment customers.
18. If any bill for waste water treatment during a calendar month is not paid by the 15`h
day of the following month,a late penalty of 10%of the past due payment will be assessed monthly
until the water bill is paid in full.
19. If Rutherford College defaults in the payment of any monthly waste water treatment
bill or otherwise defaults under its obligations set forth in the agreement and Rutherford College
fails to cure such default within ten (10) days after mailing of written notice of such default,
Valdese, in addition to other available remedies, shall have the right to discontinue waste water
treatment services to Rutherford College upon obtaining an order from a court of competent
jurisdiction declaring Rutherford College to be in default. Any discontinuance of service for such
cause shall not release Rutherford College from its obligation to pay all waste water treatment
bills due in accordance with this agreement.
WASTE WATER CONNECTIONS
20. Rutherford College shall require potential waste water users to execute a tap
application, and that application shall be submitted by Rutherford College to Valdese. The
application shall contain such information as to quantity and type of sewage to be placed in the
line by the applicant, together with other reasonable information as may be required by
Rutherford College of Valdese.
21. Valdese shall have the right and authority to refuse the application of any
applicant for a connection or tap upon waste water lines of Rutherford College or for a direct tap
onto a Valdese line, said refusal to be based upon the inability of Valdese to process said sewage
on account of its quantity, type or content. Taps onto a Rutherford College line shall be made by
Rutherford College upon payment to Rutherford College of the Rutherford College tap fee then
5

in effect, and taps onto a Valdese line shall be made by Valdese upon payment to Valdese of the
Valdese tap fee then in effect.
22. Rutherford College shall require all sewer users to be on a metered water supply
(such meter must be under the control of Rutherford College who shall insure its accuracy), or to
install sewage meters; however, Valdese and Rutherford College may agree in writing to a
monthly usage on which to base charges.
23. Any users located within the corporate limits of Valdese who discharge into the
waste water system of Rutherford College shall be customers of Valdese. Valdese and its
customers shall have the right to tap onto the Rutherford College's existing sanitary sewer line
which flows directly or indirectly into the Valdese sanitary sewer system at any reasonable
feasible location to expand Valdese's sanitary sewage collection system. Rutherford College
shall have the right to approve such taps; however, approval by Rutherford College shall not be
unreasonably withheld. Valdese shall not be required to reimburse Rutherford College for the
expansion and/or usage of Rutherford College's existing sanitary sewer collection system, unless
said expansion and/or usage will result in a measurable expense to the Town of Rutherford
College. Rutherford College will not be responsible to Valdese for improper or illegal discharges
flowing into Rutherford College lines by Valdese customers, and Valdese will hold Rutherford
College harmless for any improper or illegal discharges into said Rutherford College sewer
system by said Valdese customers. In the event Rutherford College, because of acts beyond its
control, such as but not limited to, acts of God, strikes, earthquakes, fire, mechanical breakdowns
or other casualties cannot meet the requirements of this paragraph, Rutherford College shall not
be liable for its for its failure to meet such requirements but agrees to reduce its services to all of
its customers on a pro-rata basis.
SEWER USE ORDINANCES
24. Rutherford College shall demonstrate adoption, within ninety(90) days of written
request by Valdese of a sewer use ordinance containing influent concentrations, characteristics
and quality standards, together with penalties for non-compliance, which are equal to or
surpassing those contained in the sewer use ordinance currently or hereafter adopted by Valdese.
25. Rutherford College shall diligently enforce its sewer use ordinance and shall
enforce industrial pre-treatment standards at such times as industrial pre-treatment is required by
the United States Environmental Protection Agency or the North Carolina Division of
Environmental Management or any other State or Federal agency having jurisdiction. In the
event that Valdese is fined or otherwise penalized by any governmental unit or agency because
of violations or acts occurring on Rutherford College's system, Rutherford College shall
reimburse Valdese the cost of such fine or penalty within thirty(30) days written notice by
Valdese.
26. Rutherford College shall be subject to Valdese's sewer use ordinance in effect
during this agreement with respect to its discharge into the sewage treatment system of Valdese.
6

27. Rutherford College shall assess and use due diligence to collect and enforce any
penalties, fees (including service fees) or assessments pursuant to its sewer use ordinance in at
least an amount that would have been assessable by Valdese on an individual patron or user
located outside its corporate limits, if such patron or user were subject to Valdese's sewer use
ordinance. Rutherford College shall bill on a monthly basis the charges incurred or assessed
against the patron or user for the previous month. Rutherford College shall be liable to Valdese
for all such penalties, fees, or assessments,whether or not it shall asses or collect such charges
against the user. Any payments due by Rutherford College to Valdese shall be paid within fifteen
(15) days from the end of the month in which they were assessed or should have been assessed
under the sewer ordinance.
MONITORING WASTE WATER EFFLUENT
28. Valdese shall have the right to monitor and analyze each waste water customer
effluent to determine actual concentration, characteristics, and quantities. As long as Rutherford
College has reasonable advance notice of each occasion on which Valdese desires to monitor and
analyze the waste water of the Rutherford College customer(s) and so long as Rutherford College
is given a reasonable opportunity to participate in the entire analysis and monitoring process. If
required by State or Federal regulation or law, Valdese may require Rutherford College to
monitor and analyze each waste water user's effluent to determine actual concentrations,
characteristics and quantities, and in such event Rutherford College shall report its analysis to
Valdese, or if Rutherford College should fail to monitor its users as above provided, Valdese
may undertake such monitoring and assess the costs of monitoring to Rutherford College.
INSURANCE
29. Rutherford College shall maintain liability insurance coverage providing coverage
for all liability for personal injury and property damage arising out of the ownership, operation
and maintenance of its waste water system. Coverage shall not be less than the following
amounts:
(a) $1,000,000 for personal injury to one person;
(b) $1,000,000 for personal injury relating to one occurrence; and
(c) $500,000 for property damage relating to one occurrence.
OWNERSHIP AND SALE OF WASTE WATER LINES AND SYSTEM
30. Rutherford College shall be solely responsible for the construction and
maintenance of its system. Valdese waives any ownership interest in the lines currently existing
within the Town of Rutherford College, except that sewer main line currently serving the
Hospital and all present users located within the corporate limits of Rutherford College shall be
customers of Rutherford College.
31. In the event that Rutherford College should decide to dispose of its waste water
treatment system or discontinue waste water services, Valdese shall be offered the first option to
obtain,take over, or acquire the facilities which are flowing directly into the Town's system on
7

the following basis: At a price equal to the original net costs of such lines, less any State and
Federal grants and less 3.33 percent depreciation each year from the date of construction, and
less the outstanding balance of any debt financing which can be assumed by Valdese.
PURCHASE FROM OTHER SOURCES
32. Rutherford College shall not purchase waste water treatment services from any other
source unless Valdese is unable to treat the amount of waste water produced by the Rutherford
College. In the event Valdese is unable to treat the amount of waste water produced by Rutherford
College, Rutherford College shall notify Valdese in writing prior to its purchase of waste water
treatment services from other sources and Rutherford College shall purchase waste water treatment
services from other sources only for the quantity of waste water Valdese is unable to treat.
The parties acknowledge that Rutherford College discharges part of its waste
water into the Burke County waste water system, that that waste water then flows into the
Valdese system, and that that waste water is eventually treated by Valdese. This paragraph is
not intended to prevent Rutherford College from running waste water through the county
distribution lines before the waste water is channeled to the Valdese system for treatment.
Rutherford College is only prohibited from having its waste water treated by entities other than
Valdese.
SALE OF WASTE WATER TREATMENT SERVICES
33. Rutherford College shall not contract with governmental units or other water
providers or otherwise allow waste water generated outside of the corporate limits of Rutherford
College to flow into the Rutherford College waste water system unless that flow is properly
metered and the amount of that flow is reported to Valdese on a monthly basis to enable Valdese
to bill Rutherford College for the treatment of that waste water.
In the event one or more such meters are to be installed, Rutherford College shall
be responsible for providing such meters and related devices. Plans and specifications for such
meters must be submitted to and approved in advance by Valdese, such approval not to be
unreasonably withheld. Also such meters and related devices must be installed by qualified
contractors, and the installation of that equipment must be inspected and approved by Valdese's
engineer. All such meters and related devices shall become the property of Valdese, and Valdese
shall be responsible for maintaining such meters as are installed according to the terms of this
paragraph.
Both Valdese and Rutherford College shall have access to such meters at all
reasonable times in order to have the meters tested and to otherwise insure that the meters are in
good working order. If a party has a meter tested, the party obtaining the test shall bear the full
expense of having the meter tested and calibrated. The testing party must promptly provide all
test results to the other party.
The readings of any meter disclosed by tests to be inaccurate shall be corrected
for the six (6) months prior to such tests in accordance with the percentage of inaccuracy found
8

by the test. A meter not registering more than three percent(3%) above or below the test results
shall been deemed to be accurate. If any meter fails to register for any period, the amount of
waste water that would have passed through that meter had it been working shall be deemed to
be the amount of waste water metered in the corresponding period immediately prior to the
failure, unless Valdese and Rutherford College agree upon a different amount.
C. MISCELLANEOUS:
34. The term of this agreement shall be ten (10) years beginning July 1, 2016. This
agreement shall automatically renew for 10-year periods unless more than twelve(12) months
prior to expiration of the term of this agreement then in effect a party provides written notice to
the other that this agreement will be terminated and not renewed for another 10-year period.
35. This agreement may be amended at any time by written agreement of both parties.
IN WITNESS WHEREOF,the parties have hereunto caused this agreement to be executed
as of the day and year first above written.
TO V ESE
By:
. B ,Jr., yor
ATTEST:/10/friti MM
///.
Town Clerk I
O
(Corporate Seal)
INCORPORATED
1920 TOWN RUTHERFORD COLLEGE
y �r
O tr By �u
9TH CAA° cClure,Mayor
ATT ST:
T n Clerk
(Corporate Seal)
9

STATE OF NORTH CAROLINA
COUNTY OF BURKE AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of
April _ , 1980, by and between the Town of Valdese,
North Carolina, a municipal corporation (hereinafter called "Valdes ")
and the Town of Drexel, North Carolina, a municipal corporation
(hereinafter called "Drexel");
W I T N E S S E T H :
THAT WHEREAS, the Town of Valdese has been acting as the lead
agency in the grant acquisition, design, and construction process for
waste treatment facilities designated by the United States Environmental
Protection Agency, the State of North Carolina Environmental Management
Commission, and various units of government in Burke County to serve
an area larger than the corporate limits of Valdese, and to be called
the Lake Rhodhiss Wastewater Treatment Facility; and
WHEREAS, Drexel is among those units of government in Burke
County to be served by and will benefit from said waste treatment
facilities;
NOW, THEREFORE, in consideration of mutual covenants, terms and
conditions hereto, a receipt of which is hereby acknowledged, Valdese
and Drexel agree as follows:
1. Valdese shall supply to Drexel waste water treatment services
of 500,000 gallons per day pursuant to the provisions hereinafter set
forth; provided, however, that Valdese shall not be liable for the
failure to supply the same in the event that such failure is caused by
an act of God or some other cause over which Valdese has no control,
including, but not limited to the following:
(a) Acts of God including storms, floods, hurricanes,
earthquakes or similar natural occurrences.
(b) Casualty and/or accidents including theft, fire, vandalism,
sabotage, or other criminal acts, acts of war and insurection.
(c) Strikes, equipment and or electrical failure or
unavailability of supplies, negligence of plant operators or employees.
(d) Orders of any kind of the government of the United
States or of the State of North Carolina.

2. Valdese may supply at its option and for designated cost plus
ten percent (10%) administrative fee, maintenance and service to the
sewer lines, sewer lift stations, etc. , upon request by Drexel.
3. Valdese may perform at Drexel's request, for designated cost
plus a ten percent (10%) administrative fee, all services and operations
required for the tapping and connection to the Drexel facilities of
individual, commercial, or industrial users thereof.
4. A. This agreement shall be effective for a period of forty
(40) years to begin upon the commencement of services by Valdese.
Nevertheless, upon the happening of the following occurrences, this
agreement may be terminated by either party upon the later of two (2)
years written notice or the awarding of a construction contract required
by (a), (b) , or (c) of this paragraph, and the parties hereto shall
renogotiate this contract and bargain in good faith to resolve the
pertinent issues:
(a) EPA or other state or federal agencies shall
mandate major plant renovations, upgrading, plant replacement, resizing
or other similar capital investments, exceeding $2,000,000.00.
(b) EPA or other state or federal agencies shall
mandate material changes in the treatment process or additional treatment
methods requiring major capital investments, exceeding $2,000,000.00
whether those alterations shall be directly required or shall be
required by reason of effluent or discharge limitations which cannot
otherwise be met.
(c) Major plant renovations, alterations, equipment
replacement, plant upgrading, plant replacement or other similar
capital investments exceeding $2,000,000.00 brought about by factors
beyond the control of Valdese including the following:
(1) Acts of God including storms, floods, hurricanes,
earthquakes or similar natural occurrences.
(2) Casualty and/or accidents including theft,
fire, vandalism, sabotage, or other criminal acts, acts of war and
insurection.
(3) Plant obsolescence or unusual and unforseen
depreciation or deterioration.
(4) Failure of the plant and treatment process to
properly operate.
-2-

B. If upon termination of this agreement as above provided,
Valdese and Drexel are unable to negotiate a new agreement, Valdese
agrees to continue providing wastewater treatment services to Drexel
of 500,000 gallons per day for the lesser of the remainder of the
forty (40) year term or until services to all users is terminated,
upon the same terms and conditions and at no higher price than is or
would be charged by Valdese to users with similar effluents located
within its corporate limits pursuant to its ordinances in effect at
the time service is provided.
C. In the event Valdese, because of acts of God or other
causes beyond its control, as defined in Paragraph 1, cannot meet the
requirements of this agreement, Valdese shall not be liable for its
failure to meet such requirement, but Valdese agrees to reduce its
service equally to all users of the Lake Rhodhiss Wastewater Treatment
facility on a pro-rata basis.
D. The wastewater supply of 500,000 gallons per day is.
further defined and regulated by each of the following, individually
and cumulatively:
(a) That the quantity is based upon a thirty (30) day
average with no single daily amount allowed to exceed the guaranteed
amount by more than ten percent (10%) based upon the flow meter installed
at Drexel's lift station.
(b) That should the daily flow exceed the guaranteed
amount more than two (2) days following notification by Valdese in any
thirty (30) day period, the subsequent excess daily flows shall be
assessed a surcharge of ten percent (10%) of the then current rate on
such excess flow.
(c) That any monthly average flow exceeding the guaranteed
limit of 500,000 for wastewater shall be assessed a surcharge of
twenty percent (20%) of the then current rate on such excess flow.
(d) That any monthly average wastewater flows over
550,000 gallons per day shall be assessed a surcharge of fifty percent
(50%) of the then current rate on such excess flow.
-3-

(e) That there shall be no wastewater instantaneous
discharge exceeding the lesser of 2. 5 times the average daily flow or
eight-hundred-sixty-eight (868) gallons per minute.
5. Drexel shall require all industrial and commercial users
to submit a sewer line tap application, which application shall be
submitted to Valdese by Drexel. Such application shall contain
such information as to quantity and type of sewage to be placed in
said line by the applicant, together with such other reasonable
information as may be required by Drexel or by Valdese. Drexel
shall not allow any users to tap on to its lines or to discharge
into its systems any waste not meeting the Federal or State laws,
or guidelines or regulations of the Environmental Protection Agency
or other State or Federal agencies, with respect to wastewater
quantities, quality, type, or content.
6. Drexel shall not commit and agrees not to commit the Lake
Rhodhiss Waste Treatment facility beyond Drexel's capacity of
500,000 gallons per day without first having renegotiated this •
agreement with Valdese.
7. A. Drexel shall demonstrate adoption, within ninety (90)
days of written request by Valdese, of a Sewer Use Ordinance which
shall be approved by the United States Environmental Protection
Agency or its successor agency and which shall meet all State and
Federal rules, regulations, and guidelines with respect to such
ordinance.
B. The Town of Drexel's discharges at the metering point
shall be subject to Valdese's Sewer Use Ordinances as approved by
EPA in effect during this agreement, provided such sewer ordinance
shall not be discriminatory, but treat Drexel in a similar manner
as other users with similar effluents.
C. Drexel shall diligently enforce its Sewer Use Ordinance
and shall enforce industrial pretreatment standards at such times
as industrial pretreatment is required by the United States Environmental
Protection Agency or the North Carolina Division of Environmental
Management or the State or Federal Agency. In the event that
Valdese is fined or otherwise penalized by any governmental unit or
agency because of violations or acts occurring on the Drexel system,
Drexel shall reimburse Valdese the costs of such fine or penalty
within thirty (30) days of written notice by Valdese.
-4-

D. If required by State or Federal regulation or law,
Valdese may require Drexel to monitor and analyze each wastewater
users effulent to determine actual concentration, characteristics, and
quantities and Drexel shall report its analysis to Valdese, or if
Drexel should fail to monitor its users as above provided, Valdese may
undertake such monitoring.
8. Drexel shall install, at its expense, at the Drexel lift
station, one (1) sewer meter (which shall be a flow type with recorder
totalizer) ; such meter be maintained with a +2% accuracy factor and
shall be calibrated not less than semi-annually, the cost of such
calibration to be at Drexel's expense. Such meter shall be read by
Valdese, in the presence of Drexel, on or about the 15th day of each
month. Valdese shall invoice Drexel on or about the 1st day of each
month. Drexel shall remit within twenty (20) days following such
invoice. Any invoice not remitted and received by Valdese within -
twenty (20) days following such invoice shall be assessed a penalty of
ten percent (10%). Services may be discontinued for non-payment
thirty (30) days after the mailing of the invoice by Valdese.
9. A. Drexel shall pay to the Town for wastewater treatment
services an amount per thousand gallons treated, such price to be
determined by Valdese, as provided herein, at least sixty (60) days
prior to beginning wastewater treatment services. Upon sixty (60)
days notice prior to the effective billing date, Valdese may amend
such price paid by Drexel to Valdese for said services.
B. Valdese shall not amend the price charged Drexel for
wastewater treatment more often than once in any fiscal year of Valdese
unless cause for such services escalate to the extent that Valdese
rates applicable to all users are also amended.
-5-

10. The price paid by Drexel for wastewater treatment services
shall be the total "cost" with respect to wastewater treatment services
divided by the total gallons of wastewater treated, said "cost" to be
determined by:
A. The "direct cost" of operation and maintenance of the
Lake Rhodhiss facilities.
B. The indirect cost of administration, operation and
maintenance of the Lake Rhodhiss Facilities.
(1) It is stipulated by the parties that indirect
costs through the first full fiscal year of operation shall be twenty-
five percent (25%) of "direct costs".
(2) Unless otherwise agreed by the parties, Valdese
shall implement an indirect cost study plan. Drexel agrees to bear
annually the lesser of $1,000.00 or fifty percent (50%) of the cost of
implementing and maintaining such study and plan. The indirect cost
of the operation and maintenance of the Lake Rhodhiss Facility shall
be allocated according to such plan for the second full fiscal year of
operation and for the remainder of the term of this agreement. The
indirect plan may be amended as required during the term of this
agreement, with the cost of such amendments or new study to be borne
by Drexel as above provided. Such indirect cost studies shall be
conducted by a third party mutually agreed upon.
11. In addition, Drexel shall pay to Valdese:
A. Drexel shall remit to Valdese thirty (30) days prior to
debt service being due, an amount equal to 6.67% of the total costs of
planning and constructing the Lake Rhodhiss facility less any State or
Federal grants as its share of the Debt Service (Principal and Interest)
upon the bonds issued for the construction of the project, plus ten
percent (10%) of such amount as a service charge.
-6-

B. (a) Drexel shall also remit to Valdese an amount equal
to 6.67% of the depreciation (excluding any depreciation or replacement
that is contained in Paragraph 10A, of the total costs of the project,
such depreciation being based upon the estimated life of equipment and
plant as defined by the EPA approved Industrial Cost Recovery program
for the Lake Rhodhiss facility or thirty (30) years, whichever is
less, as Drexel's share of a Capital Reserve Fund (hereinafter called
the "Fund"), for use as Valdese shall determine for capital improvements
or replacement of the Lake Rhodhiss Wastewater Treatment Facility.
(b) In the event Valdese shall contribute an amount
less than its full share of depreciation or its portion of the capacity
of the Lake Rhodhiss facility to said Capital Reserve, Drexel's share
shall be reduced so that its contributions shall be on a proportional
basis with Valdese's contributions.
(c) Contribution by Drexel shall be required in any
year the balance shown in the Fund is less than $2,000,000.00 as a
result of contributions for all participants in the Lake Rhodhiss
Facility, if a contribution is made by Valdese in such year.
(d) All such contributions from all participants shall
be held in a separate interest bearing fund and Drexel shall be entitled
to have returned to Drexel all unused contributions (if any) plus
earned interest at such time as Drexel shall no longer be served by
the Lake Rhodhiss Facility.
(e) In the event the costs of capital improvements or
replacement of the Lake Rhodhiss Facility shall exceed the amount
accumulated in the replacement fund, Drexel shall, subject, however,
to the terms of Paragraph 4A:
(1) Contribute its pro-rata share of the costs of
such improvements or replacements in excess of the funds available in
the replacement fund.
(2) Participate in such improvements or replacements
by reimbursing Valdese its costs less State and Federal grants plus
ten percent (10%) service fee by such payments as provided in Para-
graph 11A if Valdese shall issue its bonds or in equal quarterly
payments over the remaining terms of contract if Valdese does not
issue its bonds.
-7-

(f) Such Fund shall be used as the parties should
mutually agree, or, after prior consultation, as Valdese shall determine
for capital improvements or replacements in the event of one or more
of the occurrences set out in Paragraph 4A not withstanding the cost
of such improvement or replacement.
12. A. In the event that the price charged by Valdese within a
fiscal year for wastewater treatment services (excluding fees, penalties
and assessments, but not surcharges), should exceed "cost" as defined
in Paragraph 10, supra, Valdese shall rebate Drexel such excess amount.
B. In the event that the price charged by Valdese within a
fiscal year for wastewater treatment services (excluding fees, penalties
and assessments, but not surcharges) , should be less than "cost" as
defined in Paragraph 10, then in such event Drexel shall pay to Valdese
the amount necessary to reimburse Valdese for such underpayment.
C. Drexel or its auditors shall have the right to inspect
Valdese's books and records at reasonable times in connection with the
operation of the Lake Rhodhiss Facility.
D. "Cost" shall be determined by Valdese's independent
auditors, and any overpayment due Drexel or underpayment due Valdese
shall be made within ninety (90) days following completion of the
audit. Drexel, at its expense,
p e, shall have the option to have its
independent auditor audit the Lake Rhodhiss accounts. If the audit by
Valdese and by Drexel are not in agreement, the parties will attempt
to mutually resolve such differences, but if the parties cannot resolve
the differences by mutual agreement, then Valdese and Drexel shall
then jointly appoint and pay a third independent auditor whose findings
shall be final and binding on the parties.
13. Drexel shall maintain liability insurance providing coverage
for all liability for personal injury and property damage arising out
of the ownership, operation and maintenance of said line. Coverage
shall be not less than the following amounts: $100,000 for personal
injury to one person; $300,000 for personal injury relating to one
occurrence, and $100,000 for property damage relating to one occurrence.
-8-

14. In the event that Drexel should decide to dissolve itself of
a portion or all interest that it may have in any wastewater lines or
other sewage treatment facilities, the Town of Valdese shall have the
first option to purchase such system and Drexel shall not dispose of
its system upon any terms and conditions more favorable than those
offered Valdese. Valdese shall have ninety (90) days in which to
accept or reject any offer of sale by Drexel.
15. This agreement is made in contemplation of the construction
of the Lake Rhodhiss Wastewater Treatment Facilities which Valdese
contemplates being completed in 1982, but it is understood by Drexel
that Valdese makes no representations as to the completion date of the
facility and shall not be held liable for any damages or inconveniences
caused by any delays or failure of completion of the facilities. This
agreement shall be null and void unless the Lake Rhodhiss Wastewater
Treatment Facilities are put into full operation as previously planned
within ten (10) years of this date. This agreement and all of its
covenants, terms and conditions shall not begin until the commencement
of services by Valdese of sewer treatment services to Drexel.
16. This agreement shall terminate at the end of forty (40)
years or earlier as provided above, however, said term may be renewed
by agreement between the parties hereto annually thereafter.
-9-

IN TESTIMONY WHEREOF, each party has caused this instrument to be
executed by its Mayor; and each party has caused its official seal to
be affixed and attested in duplicate originals, all the day and year
first above written.
TOWN OF VA] ;SE
(CORPORATE SEAL)
BY:
ATTEST MA 0
•
Town lerk
TOWN OF DREXEL
(CORPORATE SEAL)
LC/7i
ATTEST BY:
b1AY0
Town Clerk
-10-

TOWN OF VALDESE SEWER USE
ORDINANCE

TABLE OF CONTENTS
SECTION 1 - GENERAL PROVISIONS 3
1.1 Purpose and Policy 3
1.2 Definitions and Abbreviations 4
SECTION 2 - GENERAL SEWER USE REQUIREMENTS 12
2.1 Prohibited Discharge Standards 12
2.2 National Categorical Pretreatment Standards 15
2.3 Local Limits 15
2.4 State Requirements 16
2.5 Right of Revision 16
2.6 Dilution 16
2.7 Pretreatment of Wastewater 16
2.8 Accidental Discharge/Slug Control Plans 17
2.9 Hauled Wastewater 18
SECTION 3 - FEES 18
3.1 Purpose 18
3.2 User Charges 18
3.3 Surcharges 19
3.4 Pretreatment Program Administration 19
Charges
3.5 Partial Payment of Bills 20
SECTION 4 - WASTEWATER DISCHARGE PERMIT 20
APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers 20
4.2 Wastewater Permits 20
SECTION 5 - REPORTING REQUIREMENTS 26
5.1 Baseline Monitoring Reports 26
5.2 Compliance Schedule Progress Reports 28
5.3 Reports on Compliance with Categorical 28
Pretreatment Standard Deadline
5.4 Periodic Compliance Reports 29
5.5 Reports of Changed Conditions 29
5.6 Reports of Potential Problems 30
5.7 Reports from Un-permitted Users 30
5.8 Notice of Violation-Repeat Sampling 30
and Reporting
5.9 Notification of the Discharge of 31
Hazardous Waste
5.10 Analytical Requirements 31
5.11 Sample Collection 31
5.12 Timing 32
1

r
5.13 Record Keeping 32
SECTION 6 - COMPLIANCE MONITORING 32
6.1 Monitoring Facilities 32
6.2 Inspection and Sampling 33
6.3 Search Warrants 33
SECTION 7 - CONFIDENTIAL INFORMATION 33
SECTION 8 - ENFORCEMENT 34
8.1 Administrative Remedies 34
8.2 Civil Penalties 37
8.3 Other Available Remedies 38
8.4 Remedies Nonexclusive 38
SECTION 9 -ANNUAL PUBLICATION OF SIGNIFICANT 39
NONCOMPLIANCE
SECTION 10—ADJUDICATORY HEARINGS 39
SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGE 40
VIOLATIONS
11.1 Upset 40
11.2 Prohibited Discharge Standards Defense 41
11.3 Bypass 41
SECTION 12—SEVERABILITY 42
SECTION 13 —CONFLICT 42
SECTION 14 - EFFECTIVE DATE 43
2

SECTION I- GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect contributors into the
wastewater collection and treatment system for the Town of Valdese, hereafter referred to as the
Town, and enables the Town to comply with applicable state and federal laws, including the
Clean Water Act(33 United States Code § 1251 et seq.) and the General Pretreatment
Regulations(40 CFR, Part 403).
The objectives of this ordinance are:
(a)To prevent the introduction of pollutants into the municipal wastewater system which
will interfere with the operation of the system or contaminate the resulting sludge;
(b)To prevent the introduction of pollutants into the municipal wastewater system which
will pass through the system, inadequately treated, into any waters of the State or
otherwise be incompatible with the wastewater treatment system;
(c) To promote reuse and recycling of industrial wastewater and sludges from the
municipal system;
(d) To protect both municipal personnel who may be affected by sewage, sludge, and
effluent in the course of their employment and the general public;
(e) To provide for equitable distribution of the cost of operation, maintenance and
improvement of the municipal wastewater system; and
(0 To ensure that the Town complies with its NPDES or Non-discharge Permit
conditions, sludge use and disposal requirements and any other Federal or State laws
to which the municipal wastewater system is subject.
This ordinance provides for the regulation of direct and indirect contributors to the municipal
wastewater system through the issuance of permits to certain non-domestic users and through the
enforcement of general requirements for the other users, authorizes monitoring and enforcement
activities, requires user reporting and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
This ordinance shall apply to all users of the municipal wastewater system as authorized by
N.C.G.S. 160A-312. The Town shall designate an administrator of the Publicly Owned
Treatment Works or POTW and pretreatment program hereafter referred to as the POTW
Director. Except as otherwise provided herein, the POTW Director shall administer, implement
and enforce the provisions of this ordinance. Any powers granted to the POTW Director may be
delegated by the POTW Director to other Town personnel.
3

By discharging wastewater into the Town wastewater system, industrial users located within or
outside the Town limits agree to comply with the terms and conditions established in this
Ordinance, as well as with any permits, enforcement actions,or orders issued hereunder. This
includes all industrial users discharging in the wastewater collection system owned by any
Satellite POTW.
1.2 Definitions And Abbreviations.
(a)Unless the context specifically indicates otherwise,the following terms and phrases, as
used in this ordinance, shall have the meanings hereinafter designated:
(1)Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. §1251, et seq.
(2)Approval Authority. The Director of the Division Of Water Quality of the North
Carolina Department of Environment and Natural Resources.
(3)An Authorized Representative of the Industrial User may be:
(i) A principle executive officer of at least the level of vice president, if the
industrial user is a corporation.
(ii)A general partner or proprietor if the industrial user is a partnership or
proprietorship, respectively.
(iii)A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from
which the discharge to the POTW originates.
(iv) A director or the highest official appointed or designated to oversee the
operation and performance of the activities of the government facility, or his
designee, if the industrial user is a federal, state or local facility.
(v) If the designation of an authorized representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility, or overall responsibility for environmental matters
for the company, a new authorization satisfying the requirements of this
Section must be submitted to the POTW Director prior to or together
with any reports to be signed by an authorized representative.
(4) Biochemical Oxygen Demand (BOD). The quantity of oxygen used in the
biochemical oxidation of organic matter under standard laboratory procedures for
five (5) days at 20° centigrade, usually expressed as a concentration(e.g. mg/1 )
(5)Building Sewer. A sewer conveying wastewater from the premises of a user to the
4

POTW.
(6) Bypass. The intentional diversion of wastestreams from any portion of a user's
treatment facility.
(7)Categorical Pretreatment Standards. Regulations promulgated by the State of North
Carolina or local agencies or by the EPA in accordance with Section 307(b) and(1)
of the Act and designated as national categorical pretreatment standards or
pretreatment standard.
(8) Control Authority. Refers to the POTW organization if the POTW organization's
Pretreatment Program approval has not been withdrawn.
(9) Environmental Protection Agency, or EPA. The U.S. Environmental Protection
Agency, or where appropriate the term may also be used as a designation for the
Administrator or other duly authorized official of said agency.
(10) Grab Sample. A sample which is taken from a wastestream on a one-time basis,
without regard to the flow in the wastestream and over a period of time not to
exceed 15 minutes.
(11) Hauled Wastewater. Any waste transported by a moving vehicle, such as a septic
tank hauler,to a disposal site.
(12) Holding Tank Waste. Any waste from holding tanks, including but not limited to
such holding tanks as vessels, chemical toilets, campers, wailers, septic tanks,and
vacuum-pump tank trucks.
(13) Indirect Discharge or Discharge. The discharge or the introduction of waste from
any non-domestic source regulated under Section 307(b), (c), or(d) of the Act, (33
U.S.C.1317), into the POTW(including holding tank waste discharged into the
system).
(14) Industrial User or User. Any user of a publicly owned treatment works identified
in the U.S. "Standard Industrial Classification Manual, 1972,"' or latest revision
under the following divisions:
Division A - Agriculture, Forestry, and Fishing.
Division B - Mining.
Division D - Manufacturing.
Division E - Transportation, Communication, Electric, Gas, and Sanitary
Services.
Division I - Services.
Division J -Public Administration.
Division K—Non-classifiable establishments.
5

(15) Interference. The inhibition or disruption of the POTW collection system,
treatment processes, operations or its sludge process,use, or disposal,which
causes or contributes to a violation of any requirement of the Control Authority's
(and/or POTW's, if different from the Control Authority) NPDES, collection
system, or Non-discharge Permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or
permits. The term includes prevention of sewage sludge use or disposal by the
POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345)or any
criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal
Act(SWDA)(42 U.S.C. §6901, et seq.), the Clean Air Act,the Toxic Substances
Control Act,the Marine Protection Research and Sanctuary Act(MPRSA)or
more stringent state criteria(including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA)applicable to the
method of disposal or use employed by the POTW.
(16) Medical Waste. Isolation wastes, infectious agents, human blood and blood
products,pathological wastes, sharps, body pans, contaminated bedding, surgical
wastes,potentially contaminated laboratory wastes, and dialysis wastes.
(17) National
a Categorical Pretreatment Standard or Categorical Standard. Any
regulation containing pollutant discharge limits promulgated by EPA in
accordance with Sections 307(b) and(c)of the Act(33 U.S.C. §1317)which
applies to a specific category of industrial users, and which appears in 40 CFR
Chapter 1, Subchapter N, Parts 405-471.
(18) National Prohibitive Discharge Standard or Prohibitive Discharge Standard.
Absolute prohibitions against the discharge of certain substances; these
prohibitions appear in Section 2.1 of this ordinance and are developed under the
authority of 307(b) of the Act and 40 CFR, Section 403.5.
(19) New Source.
(i)Any building, structure, facility, or installation from which there may
be a discharge of pollutants, the construction of Which commenced
after the publication of proposed categorical pretreatment standards
under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with
Section 307(c),provided that:
(A)the building, structure, facility, or installation is constructed at a site at
which no other source is located; or
(B)the building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
6

(C)the production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant and the extent to which the
new facility is engaged in the same general type of activity as the existing
source should be considered.
(ii) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility, or installation meeting the criteria of Section
(i)(B)or(C) above but otherwise alters,replaces, or adds to existing process
or production, equipment.
(iii) For purposes of this definition, construction of a new source has commenced
if the owner or operator has:
(A) Begun, or caused to begin, as part of a continuous on-site construction
program:
1. Any placement, assembly, or installation of facilities or equipment;
or
2. Significant site preparation work including clearing, excavation, or removal
of existing buildings, structures or facilities which is necessary for the
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.
(20) 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.
(21)National Pollutant Discharge Elimination System, or NPDES, Permit. A permit
issued pursuant to Section 402 of the Act(33 U.S.C. §1342), or pursuant to
N.C.G.S.
143-215.1 by the State under delegation from EPA.
(22) 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
7

wastewater r t eatment works which does not discharge directlyto surface waters of
the State.
(23) Pass Through. A discharge which exits the POTW into waters of the State in
quantities or concentrations which, alone or with discharges from other sources,
causes a violation, including an increase in the magnitude or duration of a
violation, of the Control Authority's(and/or POTW's if different from the
Control Authority)NPDES, collection system or Non-discharge Permit, or a
downstream water quality standard even if not listed in the permit.
(24) 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.
(25) 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.
(26) Pollutant. Any "waste" as defined in N.C.G.S. 143-213(18)and dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, biological materials,radioactive materials, heat, wrecked
or discarded equipment,rock, sand, cellar dirt and industrial, municipal, and
agricultural waste and certain characteristics of wastewater(e.g.,pH,temperature,
TSS,turbidity, color, metals, BOD, COD, toxicity, and odor).
(27) POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
(28) 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 POTW. 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.
(29) POTW Director. The Town administrator designated with the responsibility
for the pretreatment program and enforcement of the Sewer Use Ordinance.
(30) Pretreatment Program. The program for the control of pollutants introduced into the
POTW from non-domestic sources which was developed by the Town in
compliance with 40 CFR 403.8 and approved by the approval authority as
authorized by N.C.G.S.143-215.3 (a)(14) in accordance with 40 CFR 403.11.
8

(31) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard.
(32) Pretreatment Standard. Any prohibited discharge standard, categorical standard or
local limit which applies to an industrial user.
(33) Publicly Owned Treatment Works (POTW)or Municipal Wastewater System. A
treatment works as defined by Section 212 of the Act, (33 U.S.C. §1292)which is
owned in this instance by the Town. This definition includes any devices or systems
used in the collection, storage, treatment,recycling, and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and
other conveyances only if they convey wastewater to the POTW treatment plant.
For the purposes of this ordinance, "POTW" shall also include any sewers that
convey wastewaters to the POTW from persons outside the Town who are, by
contract or agreement with the Town, or in any other way, users of the Town's
POTW.
(34) Sewage. The liquid and water-carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities,mobile sources,treatment facilities and
institutions,together with any groundwater, surface water, and storm water that may
be present, whether treated or untreated, which are contributed into or permitted to
enter the POTW.
(35) 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 s in production.
(36) Significant Industrial User or SIU. An industrial user that discharges wastewater
into a publicly owned treatment works and that:
(i)Discharges and average of 25,000 gallons per day or more of process
wastewater to the POTW(excluding sanitary sewer, noncontact cooling water
and boiler blowdown wastewaters; or
(ii) contributes process wastewater which makes up five percent or more of the
NPDES or Non-discharge permitted flow limit or five percent or more of the
maximum allowable headworks loading of the POTW treatment plant for any
POTW pollutant of concern;
(iii) is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and
40 CFR chapter I, Subchapter N,parts 405-471; or
(iv) is found by the Town, the Division Of Water Quality or the U.S.
Environmental Protection Agency, (EPA)to have the potential for impact,
9

either singly or in combination with other contributing industrial users, on the
wastewater treatment system, the quality of sludge, the system's effluent
quality, or compliance with any pretreatment standards or requirements.
(37) Significant Noncompliance or SNC is the status of noncompliance of a Significant
Industrial User when one or more of the following criteria are met. Additionally,
any Industrial User which meets the criteria in Subparagraph (b)(37), Parts (C), (D),
or(H) shall also be SNC.
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six (66) percent or more of all the measurements taken for the
same pollutant parameter (not including flow) during a six-month period
exceed (by any magnitude) a numeric Pretreatment Standard or Requirement
including instantaneous limits, as defined by 40 CFR Part 403.3(1).
B. Technical Review Criteria(TRC)violations, defined here as those in which
thirty-three (33)percent or more of all the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the product of
the numeric Pretreatment Standard or Requirement including instantaneous
limits, as defined by 40 CFR Part 403.3(1) multiplied by the applicable TRC;
(TRC = 1.4 for BOD, TSS, fats, oils and grease, 1.2 for all other pollutants
(except flow and pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined by
40 CFR Part 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the Control Authority and/or POTW
determines has caused, alone or in combination with other discharges,
interference, pass through (including endangering the health of the POTW
personnel or the general public);
D. Any discharge of a pollutant or wastewater that has caused imminent
endangerment to human health, welfare or to the environment or has resulted
in either the Control Authority's or the POTW's, if different from the Control
Authority, exercise of its emergency authority under 40 CFR Part
403.(f)(1)(vi)(B) and Section 8.1(e) of this SUO to halt or prevent such a
discharge;
E. Violations of compliance schedule milestones,contained in a pretreatment
permit or enforcement order, for starting construction, completing
construction, and attaining final compliance by 90 days or more after the
schedule date.
F. Failure to provide reports for compliance schedule, self-monitoring data,
baseline monitoring reports, 90-day compliance reports, and periodic
10

p.
compliance reports within 45 days from the due date.
G. Failure to accurately report noncompliance.
H. Any other violation or group of violations that the Control Authority and/or
POTW determines will adversely affect the operation or implementation of the
local pretreatment program.
(38) Slug Load or Discharge. Any discharge at a flow rate or concentration which has a
reasonable potential to cause Interference or Pass-Through, or in any other way
violates the POTW's regulations, local limits, or Industrial User Permit conditions.
This can include but is not limited to spills and other accidental discharges;
discharges of a non-routine, episodic nature; a non-customary batch discharge; or
any other discharges that can cause a violation of the prohibited discharge standards
Section 2.1 of this ordinance.
(39) 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.
(40) Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting there from.
(41) Superintendent. The person designated by the Town to supervise the operation of
the publicly owned treatment works and who is charged with certain duties
and responsibilities by this ordinance, or his duly authorized representative.
(42) 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.
(43) 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.
(44) Wastewater. The liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, mobile sources,
treatment facilities and institutions, together with any groundwater, surface water,
and storm water that may be present,whether treated or untreated, which are
contributed into or permitted to enter the POTW.
(45) Wastewater Permit. As set forth in Section 4.2 of this ordinance.
11

(46) 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
This ordinance is gender neutral and the masculine gender shall include the feminine and vice-
versa. Shall is mandatory; may is permissive or discretionary. The use of the singular shall be
construed to include the plural and the plural shall include the singular as indicated by the
context of its use.
(b)The following abbreviations when used in this ordinance, shall have the designated
meanings:
(1)BOD - Biochemical Oxygen Demand
(2) CFR- Code of Federal Regulations
(3) COD - Chemical Oxygen Demand
(4)EPA- Environmental Protection Agency
(5) gpd- Gallons per day
(6) 1 - Liter
(7)mg-Milligrams
(8)mg/1 - Milligrams per liter
(9)N.C.A.C. -North Carolina Administrative Code
(10)N.C.G.S. -North Carolina General Statutes
(11)NPDES -National Pollution Discharge Elimination System
(12)O & M- Operation and Maintenance
(13)POTW - Publicly-Owned Treatment Works
(14)RCRA- Resource Conservation and Recovery Act
(15) SIC - Standard Industrial Classification
(16) SWDA - Solid Waste Disposal Act
(17) TSS - Total Suspended Solids
(18) TKN- Total Kjeldahl Nitrogen
(19)U.S.C. - United States Code.
SECTION 2 -GENERAL SEWER USE REQUIIREMENTS
2.1 Prohibited Discharge Standards
(a) General Prohibitions. No user shall contribute or cause to be contributed into the POTW,
directly or indirectly, any pollutant or wastewater which causes interference or pass
through. These general prohibitions apply to all users of a POTW whether or not the user
is a significant industrial user or subject to any National, State, or local pretreatment
standards or requirements.
(b) Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW
the following pollutants, substances, or wastewater:
12

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not
limited to,wastestreams with a closed cup flashpoint of less than 140°F (60°C)
using the test methods specified in 40 CFR 261.21.
(2) Solid or viscous substances in amounts which will cause obstruction of the flow
in the POTW resulting in interference, but in no case solids greater than one half
inch (1/2") in any dimension.
(3) Petroleum oil,non-biodegradable 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 wastewater having any other
corrosive property capable of causing damage to the POTW or equipment.
(5) Any wastewater containing pollutants, including oxygen-demanding pollutants,
(BOD, etc) in sufficient quantity, (flow or concentration)either singly or by
interaction with other pollutants,to cause interference with the POTW.
(6) Any wastewater having a temperature greater than 150 ° F (66° C) , or which will
inhibit biological activity in the POTW treatment plant resulting in interference,
but in no case wastewater which causes the temperature at the introduction into
the treatment plant to exceed 104°F (40°C).
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within
the POTW in a quantity that may cause acute worker health and safety problems.
(8) Any trucked or hauled pollutants.
(9) Any noxious or malodorous liquids, gases, or solids or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a public
nuisance or hazard to life or are sufficient to prevent entry into the sewers for
maintenance and repair.
(10) Any substance which may cause the POTW's effluent or any other product of the
POTW such as residues, sludges, or scums,to be unsuitable for reclamation and
reuse or to interfere with the reclamation process. In no case shall a substance
discharged to the POTW cause the POTW to be in noncompliance with sludge
use or disposal regulations or permits issued under Section 405 of the Act; the
Solid Waste Disposal Act,the Clean Air Act,the Toxic Substances Control Act,
or State criteria applicable to the sludge management method being used.
(11) Any wastewater which imparts color which is not removed by the treatment
process, including, but not limited to, dye wastes and vegetable tanning solutions,
which consequently imparts sufficient color to the treatment plant's
effluent to render the waters injurious to public health or secondary recreation or
13

to aquatic life and wildlife or to adversely affect the palatability of fish or
aesthetic quality or impair the receiving waters for any designated uses.
(12) Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the POTW Director in compliance with applicable
State or Federal regulations.
(13) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized water, non-
contact cooling water and unpolluted industrial wastewater, unless specifically
authorized by the POTW Director.
(14) Fats, oils, or greases of animal or vegetable origin in concentrations greater than
three hundred(300)mg/1, unless authorized by the POTW Director.
(15) Any sludges, screenings or other residues from the pretreatment of industrial
wastes.
(16) Any medical wastes, except as specifically authorized by the Pretreatment
Director in a wastewater discharge permit.
(17) Any material containing ammonia, ammonia salts, or other chelating agents which
will produce metallic complexes that interfere with the municipal wastewater
system.
(18) Any material that would be identified as hazardous waste according to 40 CFR
Part 261 if not disposed of in a sewer except as may be specifically authorized by
the POTW Director.
(19) Any wastewater causing the treatment plant effluent to violate State Water
Quality Standards for toxic substances as described in 15A NCAC 2B .0200.
(20) Wastewater causing, alone or in conjunction with other sources,the treatment
plant's effluent to fail a toxicity test.
(21) Recognizable portions of the human or animal anatomy.
(22) Any wastes containing detergents, surface active agents, or other substances which
may cause excessive foaming in the municipal wastewater system.
(23) 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) of more
than five percent(5%) or which causes any single reading ten percent(10%) of
higher than the lower explosive limit(LEL) of the meter.
14

Pollutants, substances, wastewater, or other wastes prohibited by this Section shall not be
processed or stored in such a manner that they could be discharged to the municipal wastewater
system. All floor drains located in process or materials storage areas must discharge to the
industrial user's pretreatment facility before connecting with the system.
When the POTW Director determines that a user is contributing to the POTW any of the above
enumerated substances in such amounts which may cause or contribute to interference of POTW
operation or pass through,the POTW Director shall:
1)advise the user of the potential impact of the contribution on the POTW in accordance
with Section 8.1; and
2)take appropriate actions in accordance with Section 4 for such user to protect the
POTW from interference or pass through.
2.2 National Categorical Pretreatment Standards
Users subject to categorical pretreatment standards are required to comply with applicable
standards as set out in 40 CFR Chapter 1, Subchapter N, Parts 405-471 and incorporated herein.
(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or
the concentration of a pollutant in wastewater,the POTW Director may impose
equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(b) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard,the POTW Director shall impose an
alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
(c)A user may obtain a variance from a categorical pretreatment standard if the user can
prove,pursuant to the procedural and substantive provisions in 40 CFR 403.13, that
factors relating to its discharge are fundamentally different from the factors considered by
EPA when developing the categorical pretreatment standard.
(d) A user may obtain a net gross adjustment to a categorical standard in accordance with
40 CFR. 403.15.
(e) A user may request a removal credit adjustment to a categorical standard in accordance
with 40 CFR 403.7
2.3 Local Limits
To implement the general and average discharge prohibitions listed in this ordinance, industrial
user-specific discharge limits will be developed ensuring that the POTW's maximum allowable
headworks loading is not exceeded for particular pollutants of concern for each industrial user.
Where specific local limits are not contained for a given parameter or pollutant in an industrial
15

user permit,the following limits will apply to all users:
250 mg/1 BOD
250 mg/1 TSS
25 mg/1 NH3
0.003 mg/1 arsenic
0.003 mg/1 cadmium
0.061 mg/1 copper
0.015 mg/1 cyanide
0.049 mg/1 lead
0.0003 mg/1 mercury
0.021 mg/1 nickel
0.005 mg/1 silver
0.05 mg/1 total chromium
0.175 mg/1 zinc
Industrial user-specific discharge limits for appropriate pollutants of concern shall be included in
wastewater permits and are considered pretreatment standards. The POTW Director may impose
mass limits in addition to, or in place of, the concentration-based limits above.
2.4 State Requirements
State requirements and limitations on discharges shall apply in any ease where they are more
stringent than Federal requirements and limitations or those in this ordinance.
2.5 Right of Revision
The Town reserves the fight to establish limitations and requirements which are more stringent
than those required by either State or Federal regulation if deemed necessary to comply with the
objectives presented in Section 1.1 of this ordinance or the general and specific prohibitions in
Section 2.1 of this ordinance, as is allowed by 40 CFR 403.4.
2.6 Dilution
No user shall ever increase the use of process water or in any way attempt to dilute a discharge
as a partial or complete substitute for adequate treatment to achieve compliance with the
limitations contained in the National Categorical Pretreatment Standards unless expressly
authorized by an applicable pretreatment standard or other pollutant-specific limitation
developed by the Town or State.
2. 7 Pretreatment of Wastewater
(a)Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance
16

and wastewater permits issued under Section 4.2 of this ordinance and shall achieve
compliance with all National Categorical Pretreatment Standards, local limits, and the
prohibitions set out in Section 2.1 of this ordinance within the time limitations as
specified by EPA, the State, or the POTW Director, whichever is more stringent. Any
facilities necessary for compliance shall be provided, operated, and maintained at the
user's expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Town for review, and shall be approved by the
POTW Director before construction of the facility. The review of such plans and
operating procedures shall in no way relieve the user from the responsibility of
modifying the facility as necessary to produce an effluent acceptable to the Town
under the provisions of this ordinance. Any subsequent changes in the pretreatment
facilities or method of operation shall be reported to and be approved by the POTW
Director prior to the user's initiation of the changes.
b) Additional Pretreatment Measures
1. Whenever deemed necessary, the POTW Director may require users to restrict
their discharge during peak flow periods, designate that certain wastewater be
discharged only into specific sewers, relocate and/or consolidate points of
discharge, separate sewage wastestreams from industrial wastestreams, and
take such other actions as may be necessary to protect the POTW and enable
the POTW Director to determine whether the user is complying with the
requirements of this ordinance.
2. The POTW Director may require any person discharging into the POTW to
install and maintain, on his property and at his expense, a suitable storage and
flow-control facility to ensure equalization of flow. A wastewater discharge
permit may be issued solely for flow equalization.
3. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
POTW Director,they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand; .except that such
interceptors shall not be required for residential users. All interception units
shall be of type and capacity approved by the POTW Director and shall be so
located to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, and repaired regularly, as needed, by the user at
his expense.
4. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
2.8 Accidental Discharge/Slug Control Plans
(A) At least once every two (2)years,the POTW Director shall evaluate whether
each significant industrial user needs a plan to control and prevent slug discharges
and accidental discharges as defined in Section 1.2(a)(38). All SIU's must be
17

evaluated within one year of being designated an SIU. The POTW Director
may require any user to develop, submit for approval and implement such a plan.
Alternatively,the POTW Director may develop such a plan for the user.
(B) All SIUs are required to notify the POTW immediately of any changes at its facility
affecting the potential nature for spills and other accidental discharge, discharge of a
non-routine, episodic nature, a non-customary batch discharge, or a slug load. Also,
see Sections 5.5 and 5.6.
2.9 Hauled Wastewater
Hauled Wastewater is prohibited.
SECTION 3 -FEES
3.1 Purpose
The Town shall adopt, at least annually, an adequate schedule of user charges and surcharges and
tap fees to defray the cost of administering, operating and maintaining the wastewater disposal
system. The costs to be used as a basis for determining the charges shall include,but are not
necessarily limited to, administration, direct operation and maintenance, collection and billing of
charges, bond redemption, studies and reports, professional fees, repairs, capital improvements
and cost of service line connections. The user charges, surcharges and tap fees are to be used
only for the purpose of administering, operating, and maintaining the wastewater disposal
system, and shall be published on a form for public distribution and notice and shall become
Appendix A and B of this chapter upon adoption and public notification. The current fees and
charges schedule shall continue in effect until revised by the Town.
3.2 User Charges
A user charge shall be levied on all users including, but not limited to, persons, firms,
g
corporations or governmental entities that discharge, cause or permit the discharge of sewage
into the POTW.
(a) The user charge shall reflect at least the cost of debt service, operation and
maintenance (including replacement) of the POTW.
(b)Each user shall pay its proportionate cost based on volume of flow.
(c) The Town Manager shall review annually the sewage contributions of users,the total
costs of debt service, operation and maintenance of the POTW and make
recommendations to the Town Council for adjustments in the schedule of charges and
fees as necessary.
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(d) Charges for flow to the POTW not directly attributable to the users shall be
distributed among all users of the POTW based upon the volume of flow of the users.
3.3 Surcharges
An industrial user of the POTW whosewastes
astes exceed
ceed the limitations established by Section 2.3
of this ordinance is in the discretion of the Town of Valdese Town Council subject to an
industrial waste surcharge as set forth in Appendix A to this chapter.
(a) The volume of flow used in determining the total discharge of wastewater for
payment of user charges and surcharges shall be based on the following:
(1) Metered water consumption as shown in the records of meter readings
maintained by the Town; or
(2) If required by the Town or at the individual 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 Town. The metering system shall be installed and maintained at the
user's expense according to arrangements that may be made with the Town.
(3) Where any user procures all or part of his water supply from sources other
than the Town,the user shall install and maintain at his own expense a flow
measuring device of a type approved by the Town.
(b)The character and concentration of the constituents of the wastewater used in
determining surcharges shag be determined by samples collected and analyzed by the
Town. Samples shall be collected in such a manner as to be representative of the actual
discharge and shall be analyzed using procedures set forth in 40 CFR Part 136.
(c)The determination of the character and concentration of the constituents of the
wastewater discharge by the POTW Director or his duly appointed
representatives shall be binding as a basis for charges.
3. 4 Pretreatment Program Administration Charges
The schedule of charges and fees adopted by the Town may include charges and fees for:
(a)reimbursement of costs of setting up and operating the Pretreatment Program;
(b)monitoring, inspections and surveillance procedures;
(c)reviewing slug control plans, including accidental and/or slug load discharge
19

Pr-
procedures and construction plans and specifications;
(d)permitting;
(e) other fees as the Town may deem necessary to carry out the requirements of the
Pretreatment Program.
3.5 Partial payments of bills
Partial payments toward a bill covering recycling, sewage and water services are to be applied
among these services in the following order:
(a)Recycling services;
(b) Sewage services; and
(c) Water services.
SECTION 4 -WASTEWATER DISCHARGE PERMIT APPLICATION AND
ISSUANCE
4.1 Wastewater Dischargers
It shall be unlawful for any person to connect or discharge to the POTW without first obtaining
the permission of the Town of Valdese. When requested by the POTW Director, a user must
submit information on the nature and characteristics of its wastewater within ninety(90)days of
the request. The POTW Director is authorized to prepare a form for this purpose and may
periodically require users to update this information.
4.2 Wastewater Permits
All significant industrial users shall obtain a significant industrial user permit prior to the
commencement of discharge to the POTW. Existing industrial users who are determined by the
POTW Director to be significant industrial users shall obtain a significant industrial user permit
within 180 days of receiving notification of the POTW Director's determination. Industrial users
who do not fit the significant industrial user criteria may at the discretion of the POTW Director
be required to obtain a wastewater discharge permit for non-significant industrial users.
(a) Significant Industrial User Determination
All persons proposing to discharge non-domestic wastewater, or proposing to
change the volume or characteristics of an existing discharge of non-domestic
wastewater, shall request from the POTW Director a significant industrial user
determination. If the POTW Director determines or suspects that the proposed
20

1
discharge fits the significant industrial user criteria, he will require that a significant
industrial user permit application be filed.
(b) Significant Industrial User Permit Application
Users required to obtain a significant industrial user permit shall complete and file
with the Town an application in the form prescribed by the POTW Director
and accompanied by an application fee in the amount prescribed in the schedule of
charges and fees. Significant industrial users shall apply for a significant industrial
user permit within 90 days after notification of the POTW Director's
determination in 4.2(a) above. The application shall include at a minimum:
(1) Name of industrial user;
(2) Address of industrial user;
(3) Standard industrial classification(SIC)code(s) or expected classification and
industrial user category;
(4) Wastewater flow;
(5) Types and concentrations (or mass)of pollutants contained in the discharge;
(6) Major products manufactured or services supplied;
(7) Description of existing on-site pretreatment facilities and practices;
(8) Locations of discharge points;
(9) Raw materials used or stored at this site;
(10) Flow diagram or sewer map for the industrial user;
(11) Number of employees;
(12) Operation and production schedules; and
(13) Description of current and projected waste reduction activities in accordance
with G.S. 143-215.1(g);
(c)Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by the
current authorized representative of the user on file with the Control Authority and/or
Municipality as defined in Section 1.2(a)(3) and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information,the
information submitted is,to the best of my knowledge and belief,true, accurate,
and complete. I am aware that there are significant penalties for submitting false
21

information, including the possibility of fine and imprisonment for knowing
violations."
(d)Application Review and Evaluation
The POTW Director will evaluate the data furnished by the user and may require
additional information.
(1) The POTW Director is authorized to accept applications for the Town and shall
refer all applications to the POTW staff for review and evaluation.
(2) Within 30 days of receipt the POTW Director shall acknowledge and accept the
complete application or, if not complete, shall return the application to the applicant with
a statement of what additional information is required.
(e)Tentative Determination and Draft Permit
(1) The POTW staff shall conduct a review of the application and an on-site inspection of the
significant industrial user, including any pretreatment facilities, and shall prepare a
written evaluation and tentative determination to issue or deny the significant industrial
user permit.
(2) If the staff's tentative determination in Paragraph (1) above is to issue the permit, the
following additional determinations shall be made in writing:
(i)proposed discharge limitations for those pollutants proposed to be limited;
(ii)a proposed schedule of compliance, including interim dates and requirements, for
meeting the proposed limitations; and
(iii) a brief description of any other proposed special conditions which will have
significant impact upon the discharge described in the application.
(3) The staff shall organize the determinations made pursuant to Paragraphs (1) and (2)
above and the Town's general permit conditions into a significant industrial user permit.
(f) Permit Supporting Documentation
The Control Authority staff shall prepare the following documents for all Significant
Industrial User permits.
(1) An allocation table (AT) listing permit information for all Significant Industrial
Users, including but not limited to permit limits,permit effective and expiration
dates, and a comparison or total permitted flows and loads with the Division
approved maximum allowable loadings of the POTW, including flow, on forms or in
a format approved by the Division. The AT shall be updated as permits are issued or
renewed, and as permits are modified where the permitted limits or other AT
22

information is revised.
(2) The basis, or rationale, for the pretreatment limitations, including the following:
(i) documentation of categorical determination, including documentation of any
calculations used in applying categorical pretreatment standards; and
(ii)documentation of the rationale of any parameters for which monitoring has been
waived under 40 CFR Part 403.12(e)(2).
(g) Final Action on Significant Industrial User Permit Applications
(1) The POTW Director shall take final action on all applications not later than 90 days
following receipt of a complete application.
(2)The POTW Director is authorized to:
(i)issue a significant industrial user permit containing such conditions as are
necessary to effectuate the purposes of this ordinance and N.C.G.S. 143-215.1;
(ii) issue a significant industrial user permit containing time schedules for achieving
compliance with applicable pretreatment standards and requirements;
(iii)modify any permit upon not less than 60 days notice and pursuant to Section
4.2(i) of this ordinance;
(iv)revoke any permit pursuant to Section 8.1 of this ordinance;
(v) suspend a permit pursuant to Section 8.1 of this ordinance;
(vi) deny a permit application when in the opinion of the POTW Director such
discharge may cause or contribute to pass-through or interference of the
wastewater treatment plant or where necessary to effectuate the purposes of G.S.
143-215.1.
(h) Permit Modification
(1)Modifications of permits shall be subject to the same procedural requirements as
the issuance of permits except as listed below. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
(i) changes in the ownership of the discharge when no other change in the permit
is indicated,
(ii) a single modification of any compliance schedule not in excess of four
23

months,
(iii)modification of compliance schedules(construction schedules) in permits for
new sources where the new source will not begin to discharge until control
facilities are operational.
(2) Within 9 months of the promulgation of a National Categorical Pretreatment
Standard, the wastewater discharge permit of users subject to such standards shall be
revised to require compliance with such standard within the time frame prescribed by
such standard. Where a user, subject to a National Categorical Pretreatment Standard,
has not previously submitted an application for a wastewater discharge permit as
required bySection 4.2 b the user shall apply for a wastewater discharge permit
q ( ), pp Y g
within 180 days after the promulgation of the applicable National Categorical
Pretreatment Standard.
(3)A request for a modification by the permittee shall constitute a waiver of the 60 day
notice required by G.S. 143-215.1 (b) for modifications.
(i) Permit Conditions
(1) The POTW Director shall have the authority to grant a permit with such
conditions attached as he believes necessary to achieve the purposes of this ordinance
and N.C.G.S. 143-215.1. Wastewater permits shall contain, but are not limited to, the
following:
(i) a statement of duration( in no case more than five years);
(ii) a statement of non-transferability;
(iii) applicable effluent limits based on categorical standards or local limits or
both;
(iv) applicable monitoring, sampling, reporting,notification, and record keeping
requirements. These requirements shall include an identification of pollutants
to be monitored, sampling location, sampling frequency, and sample type
based on Federal, State and local law;
(v)notification requirements for slug loads as defined in Section 1.2(a)(38)
(vi)requirements to implement a Plan or other controls for prevention of
accidental discharges and/or slug loads as defined in Section 1.2(a)(38), if
determined by the Pretreatment Coordinator to be necessary to the User and,
(vii)requirements for immediately notifying the POTW of any changes at its
facility affecting the potential for spills and.other accidental discharges, or
slug load as defined in Section1.2(a)(38). Also see Sections 5.5 and 5.6.
24

1
(viii)a statement of applicable civil and/or criminal penalties for violation of
pretreatment standards and requirements and any applicable compliance
schedule.
(2)In addition, permits may contain, but are not limited to,the following:
(i)Limits on the average and/or maximum rate of discharge, and/or requirements
for flow regulation and equalization.
(ii) Limits on the instantaneous, daily and/or monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants or
properties.
(iii) Requirements for the installation of pretreatment technology or construction
of appropriate containment devices, etc., designed to reduce, eliminate, or
prevent the introduction of pollutants into the treatment works.
(iv) Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the municipal wastewater system.
(v) The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the system.
(vi)Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(vii) Specifications for monitoring programs which may include sampling
locations, frequency of sampling,number,types, and standards for tests, and
reporting schedules.
(viii) Requirements for immediate reporting of any instance of noncompliance and
for automatic re-sampling and reporting within thirty(30) days where self-
monitoring indicates a violation(s).
(ix) Compliance schedules for meeting pretreatment standards and requirements.
(x) Requirements for submission of periodic self-monitoring or special
notification reports.
(xi)Requirements for maintaining and retaining plans and records relating to
wastewater discharges as specified in Section 5.13 and affording the
POTW Director, or his representatives, access thereto.
(xii)Requirements for prior notification and approval by the Pretreatment
Director of any new introduction of wastewater pollutants or of any
25

significant change in the volume or character of the wastewater prior to
introduction in the system.
(xiii)Requirements for the prior notification and approval by the Pretreatment
Director of any change in the manufacturing and/or pretreatment process
used by the permittee.
(xiv) 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.
(xv) Other conditions as deemed appropriate by the POTW Director to
ensure compliance with this ordinance, and State and Federal laws, rules,
and regulations.
(j) Permits Duration
Permits shall be issued for a specified time period, not to exceed five (5) years. A permit
may be issued for a period less than a year or may be stated to expire on a specific date.
(k) Permit Transfer
Wastewater permits are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner,new user,
different premises, or a new or changed operation.
(1) Permit Re-issuance
A significant industrial user shall apply for permit re-issuance by submitting a complete
permit application in accordance with Section 4.2 a minimum of 180 days prior to the
expiration of the existing permit.
SECTION 5- REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports
(a) Within either one hundred eighty(180)days after the effective date of a categorical
pretreatment standard or the final administrative decision on a category determination under
40 CFR 403.6(a)(4),whichever is later, existing categorical users currently discharging to or
scheduled to discharge to the POTW shall submit to the POTW Director a report which
contains the information listed in paragraph(b), below. At least ninety(90) days prior to
commencement of their discharge, new sources and sources that become categorical users
subsequent to the promulgation of an applicable categorical standard shall submit to the
POTW Director a report which contains the information listed in paragraph(b)below. A new
source shall report the method of pretreatment it intends to use to meet applicable categorical
26

standards. A new source also shall give estimates of its anticipated flow and quantity of
pollutants to be discharged.
(b)Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including the name of the
operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for the
facility.
(3) Description of Operations. A brief description of the nature, average rate of production,
and standard industrial classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(4)Flow Measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams,
as necessary,to allow use of the combined wastestream formula set out in 40 CFR
403.6(e):
(5) Measurement of Pollutants as follows:
(i) The categorical pretreatment standards applicable to each regulated process.
(ii) The results of sampling and analysis identifying the nature and concentration and/or
mass, where required by the standard or by the POTW Director, of regulated
pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required, shall be
reported. The sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in Section 5.10 of this ordinance.
(iii) Sampling must be performed in accordance with procedures set out in Section 5.11
of this ordinance and 40 CFR 403.12(b) and(g), including 40 CFR 403.12(g)(4).
(6) Certification. A statement, reviewed by the user's authorized representative as defined in
Section 1.2(a)(3)and certified by a qualified professional, indicating whether
pretreatment standards are being met on a consistent basis and, if not,whether
additional operation and maintenance (O&M) and/or additional pretreatment is
required to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet
the pretreatment standards,the shortest schedule by which the user will provide such
additional pretreatment and/or O&M. The completion date in this schedule shall not be
later than the compliance date established for the applicable pretreatment standard. A
compliance schedule pursuant to this Section must meet the requirements set out in
27

Section 5.2 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified
in accordance with Section 4.2(c) of this ordinance.
5.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Section 5.1 (b)(7)
of this ordinance:
(a)The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to,hiring an engineer
completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting routine
operation);
(b)No increment referred to above shall exceed nine(9)months;
(c) The user shall submit a progress report to the POTW Director no later than fourteen
(14) days following each date in the schedule and the final date of compliance
including, as a minimum, whether or not k complied with the increment of progress,
the reason for any delay and, if appropriate, the steps being taken by the user to return
to the established schedule; and
(d) In no event shall more than nine(9)months elapse between such progress reports to
the POTW Director.
5.3 Reports on Compliance with Categorical Pretreatment Standard
Deadline
Within ninety(90)days following the date for final compliance with applicable categorical
pretreatment standards or, in the case of a new source, following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to the POTW Director a report containing the information described in
Section 5.1(b)(4-6)of this ordinance. For users subject to equivalent mass or concentration limits
established in accordance with the procedures in 40 CFR 403.6(c),this report shall contain a
reasonable measure of the user's long-term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of
production(or other measure of operation),this report shall include the user's actual production
during the appropriate sampling period. All compliance reports must be signed and certified in
accordance with Section 4.2(c) of this ordinance.
28

5.4 Periodic Compliance Reports
Municipalities may sample and analyze user discharges in lieu of requiring the users to
conduct sampling and analysis.
(a) All significant industrial users shall, at a frequency determined by the Pretreatment
Director but in no case less than once every six months, submit a report indicating the
nature and concentration of pollutants in the discharge which are limited by
pretreatment standards and the applicable flows for the reporting period. Sampling
and analysis must be performed in accordance with procedures set out in Section 5.10
and 5.11 of this ordinance. All periodic compliance reports must be signed and
certified in accordance with Section 4.2(c)of this ordinance.
(b) If a user subject to the reporting requirement in this Section monitors any pollutant
more frequently than required by the POTW Director,using the procedures
prescribed in Section 5.10 and 5.11 of this ordinance,the results of this monitoring
shall be included in the report.
5.5 f o Reports Changed Conditions
p
Each user must notify the POTW Director of any planned significant changes to the user's
operations or system which might alter the nature, quality, or volume of its wastewater at least
thirty (30) days before the change. The permittee shall not begin the changes until receiving
written approval from the Control Authority and/or Municipality. See Section 5.6(d) for other
reporting requirements.
(a) The POTW Director may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a
wastewater discharge permit application under Section 4.2 of this ordinance.
(b)The POTW Director may issue a wastewater discharge permit under Section 4.2
of this ordinance or modify an existing wastewater discharge permit under Section
4.2 of this ordinance in response to changed conditions or anticipated changed
conditions.
(c) For purposes of this requirement, significant changes include,but are not limited to,
flow or pollutant increases of twenty percent(20%)or greater, and the discharge of
any previously unreported pollutants. Increases or decreases to production; increases
in discharge of previously reported pollutants; discharge of pollutants not previously
reported to the Control Authority and/or Municipality; new or changed product lines;
new or changed manufacturing processes and/or chemicals; or new or changed
customers.
29

5.6 Reports of Potential Problems
(a) In the case of any discharge including, but not limited to, accidental discharges,
discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug
load as defined in Section l.2(a)(38),that may cause potential problems for the POTW,
the user shall immediately notify the of the incident in person or by telephone. This
notification shall include the location of the discharge, type of waste, concentration and
volume, if known, and corrective actions taken by the user.
(b) Within five (5) days following such discharge, the user shall, unless waived by the
POTW Director, submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the user to prevent similar future occurrences. Such
notification shall not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources, or any
other damage to person or property; nor shall such notification relieve the user of any
fines, penalties, or other liability which may be imposed pursuant to this ordinance.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent
place advising employees who to call in the event of a discharge described in paragraph
(a), above. Employers shall ensure that all employees who may cause such a discharge to
occur are advised of the emergency notification procedure.
(d) All SIUs are required to notify the POTW immediately of any changes at its facility
affecting the potential for spills and other accidental discharge, discharge of a non-
routine, episodic nature, a non-customary batch discharge, or a slug load as defined in
Section 1.2(a)(38).
5. 7 Reports from Un-permitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports
to the POTW Director as the POTW Director may require.
5.8 Notice of Violation/Repeat Sampling and Reporting
(A) If sampling performed by a user indicates a violation, the user must notify the POTW
Director within twenty-four(24) hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the repeat analysis to the
POTW Director within thirty(30) days after becoming aware of the violation. The user
is not required to resample:
(i) if the POTW Director monitors at the user's facility at least once a month, or
(ii)if the POTW Director samples between the users initial sampling and when the
30

user receives the results of this sampling.
(B) If the POTW Director has performed the sampling and analysis in lieu of the industrial user
and the POTW sampling of the user indicates a violation,the POTW Director shall repeat
the sampling and obtain the results of the repeat analysis within thirty(30) days after
becoming aware of the violations, unless one of the following occurs:
(i) the POTW Director monitors at the users' facility at least once a month; or
(ii) the POTW Director samples the user between their initial sampling and when
the POTW receives the results of the initial sampling; or
(iii)the POTW Director requires the user to perform sampling and submit the
results to the POTW Director within the 30 day deadline of the POTW
becoming aware of the violation.
5. 9 Discharge of Hazardous Waste
Discharge of hazardous waste is prohibited.
5.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. 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 Town. Analyses must be performed by a State certified lab
for each parameter analyzed, if such certification exists for that parameter.
5.11 Sample Collection
(a)All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for the user to claim
that sample results are unrepresentative of its discharge.
(b) Grab samples must be used for pH, cyanide,total phenols, oil and grease, sulfide,
volatile organic compounds, and any other pollutant as required by 40 CFR 136. The
POTW shall determine the number of grabs necessary to be representative of the
User's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number
requirements for BMR and 90 Day Compliance Reports. Additionally, the POTW
Director may allow collection of multiple grabs during a 24 hour period which are
31

composited prior to analysis as allowed under 40 CFR 136.
(c)Composite Samples: All wastewater composite samples shall be collected with a
minimum of hourly aliquots or grabs for each hour there is a discharge. All
wastewater composite samples shall be collected using flow proportional composite
collection techniques, unless time-proportional composite sampling or grab sampling
is authorized by the POTW Director. When authorizing time-proportional
composites or grabs,the samples must be representative and the decision to allow the
alternative sampling must be documented.
5.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports
which are not mailed postage prepaid at a mail facility serviced by the United States Postal
Service,the date of receipt of the report shall govern.
5.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
required by this ordinance and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements. Records shall
include the date, exact place, method, and time of sampling, and the name(s)of the person(s)
taking the samples,the dates analyses were performed,the name(s) of the person(s)who
performed the analyses; the analytical techniques or methods used; and the results of such
analyses. These records shall remain available for a period of at least three (3)years. This period
shall be automatically extended for the duration of any litigation concerning the user or the
Town, or where the user has been specifically notified of a longer retention period by the POTW
Director.
SECTION 6—COMPLIANCE MONITORING
6.1 Monitoring Facilities
The Town requires the user to provide and operate, at the user's expense,monitoring facilities to
allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the user's premises, but the
Town may, when such a location would be impractical or cause undue hardship to the user, allow
the facility to be constructed in the public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility, sampling, and measuring
32

1
equipment shall be maintained at all times in a safe and proper operating condition at the expense
of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall
be provided in accordance with the Town's requirements and all applicable local construction
standards and specifications. Construction shall be completed within 90 days following written
notification by the Town.
6.2 Inspection and Sampling
The Town will inspect the facilities of any user to ascertain whether the user is complying with
the requirements of this ordinance. Persons or occupants of premises where wastewater is created
or discharged shall allow the Town, approval authority and EPA or their representative's access
at all reasonable times to all parts of the premises for the purposes of inspection, sampling,
records examination, copying and otherwise performing their duties. The Town, approval
authority and EPA shall have the right to set up on the user's property such devices as are
necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper identification and
clearance before entry into their premises,the user shall make necessary arrangements with his
security guards so that upon presentation of suitable identification,personnel from the Town,
approval authority and EPA will be permitted to enter, without delay, for the purposes of
performing their specific responsibilities. Denial of the Town's, approval authority's,or EPA's
access to the user's premises shall be a violation of this ordinance. Unreasonable delays in
allowing entry and/or inspection shall constitute denial of access.
6. 3 Search Warrants
If the Town, approval authority, or EPA has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable cause to believe that there may
be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program of the Town designed to verify compliance
with this ordinance or any permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community,then the Town, approval authority, or EPA may
seek issuance of a search warrant.
SECTION 7-CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, questionnaires,permit applications,
permits and monitoring programs and from inspections shall be available to the public or other
governmental agency without restriction unless the user specifically requests and is able to
demonstrate to the satisfaction of the POTW Director that the release of such information would
divulge information, processes or methods of production entitled to protection as trade secrets of
33

the user. Any such request must be asserted at the time of submission of the information or data.
When requested by the person furnishing a report, the portions of a report which might disclose
trade secrets shall not be made available for inspection by the public,but shall be made available
upon written request to governmental agencies for uses related to this ordinance,the National
Pollutant Discharge Elimination System (NPDES) Permit,Non-discharge permit and/or the
pretreatment programs;provided, however, that such portions of a report shall be available for
use by the State or any state agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics will not be recognized
as confidential information.
All records relating to compliance with Pretreatment Standards shall be made available to
officials of the approval authority and EPA upon request.
SECTION 8 -ENFORCEMENT
8.1 Administrative Remedies
(a)Notification of Violation
Whenever the POTW Director finds that any industrial user has violated or is
violating this ordinance, wastewater permit, or any prohibition, limitation or
requirements contained therein or any other pretreatment requirement the Pretreatment
Director shall 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 of the violation shall be submitted by the user
to the Town. Submission of this plan does not relieve the discharger of liability for
any violations occurring before or after receipt of the notice of violation.
(b) Consent Orders
The POTW Director is hereby empowered to enter into consent orders,
assurances of voluntary compliance, or other similar agreements with the person in
noncompliance. Such orders and agreements 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 and voluntary compliance agreements shall have the same
force and effect as an administrative order issued pursuant to Section 8.1(d),below.
(c) Show Cause Hearing
The POTW Director may order any industrial user who causes or is responsible
for an unauthorized discharge or who has violated this ordinance or is in
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noncompliance with a wastewater discharge permit to show cause why a proposed
enforcement action should not be taken. In the event the POTW Director
determines that a show cause order should be issued, a notice shall be served on the
user specifying the time and place for the hearing,the proposed enforcement action,
the reasons for such action, and a request that the user show cause why this proposed
enforcement action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)at least ten(10)
days before the hearing. Service may be made on any agent or officer of a
corporation.
The POTW Director shall review the evidence presented at the hearing and
determine whether the proposed enforcement action is appropriate.
A show cause hearing under this Section is not a prerequisite to the assessment of a
civil penalty under Section 8.2 nor is any action or inaction taken by the POTW
Director under this Section subject to an administrative appeal under Section 10.
(d)Administrative Orders
When the POTW Director finds that an industrial user has violated or continues
to violate this ordinance,permits or orders issued hereunder, or any other
pretreatment requirement,the POTW Director may issue an order to cease and
desist all such violations and direct those persons in noncompliance to do any of the
following:
(1) Immediately comply with this ordinance,the permits or orders issued under this
ordinance and with all other applicable requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3)Take appropriate remedial or preventive action in the event of a continuing or
threatened violation;
(4) Disconnect from the sewer system unless adequate treatment facilities, devices or
other related appurtenances are installed and properly operated within a specified
time period.
Appeal of an administrative order issued in accordance with this Section
shall be as provided in Section 10.
(e) Emergency Suspensions
The POTW 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
35

endangerment to the health or welfare of persons or the environment, interferes
with the POTW or causes the POTW to violate any condition of its NPDES or
Non-discharge permit.
Any user notified of a suspension of the wastewater treatment service and/or the
wastewater permit shall immediately stop or eliminate the noncompliant
contribution. A hearing will be held within 15 days of the notice of suspension to
determine whether the suspension should be lifted or whether the user's waste
discharge permit terminated. In the event of a failure to comply voluntarily with
the suspension order,the POTW Director shall take such steps as deemed
necessary, including immediate severance of the sewer connection,to prevent or
minimize damage to the POTW system or endangerment to any individuals. The
POTW Director shall reinstate the wastewater permit and the wastewater
treatment service upon proof of the elimination of the noncompliant discharge.
The industrial user shall submit a detailed written statement describing the causes
of the harmful contribution and the measures taken to prevent any future
occurrence to the POTW Director prior to the date of the above-described
hearing.
(f) Termination of Permit or Permission to Discharge
The POTW Director may revoke a wastewater discharge permit or permission to
discharge for good cause, including, but not limited to, the following reasons:
(1) Failure to accurately report the wastewater constituents and characteristics of
his discharge;
(2) Failure to report significant changes in operations, or wastewater constituents
and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring; or,
(4) Violation of conditions of the permit or permission to discharge, conditions of
this ordinance or any applicable State and Federal regulations..
Noncompliant industrial users will be notified of the proposed termination of their
wastewater permit and will be offered an opportunity to show cause under Section 8.1 of
this ordinance why the proposed action should not be taken.
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8.2 Civil Penalties
(a)Any User who is found to have failed to comply with any provision of this ordinance,
or the orders, rules, regulations and permits issued hereunder, may be assessed a civil
penalty up to twenty-five thousand dollars($25,000)per day per violation.
(i) Penalties between$10,000 and$25,000per dayper violation may be assessed
against a violator only if:
(a) for any class of violation, only if a civil penalty has been imposed
against the violator within the five years preceding the violation, or
(b) in the case of failure to file, submit, or make available, as the case
may be, any documents, data, or reports required by this ordinance, or
the orders,rules, regulations and permits issued hereunder, only if the
POTW Director determines that the violation was intentional and
a civil penalty has been imposed against the violator within the five
years preceding the violation.
(b) In determining the amount of the civil penalty, the POTW Director shall consider the
following:
(i) The degree and extent of the harm of natural resources,to the public
health, or to public or private property resulting from violation;
(ii) The duration and gravity of the violation;
(iii) The effect on ground or surface water quantity or quality or on air quality;
(iv) The cost of rectifying the damage;
(v) The amount of money saved by non-compliance;
(vi) Whether the violation was committed willfully or intentionally;
(vii) The prior record of the violator in complying or failing to comply with
the pretreatment program;
(viii)The costs of enforcement to the Town.
(c) Appeals of civil penalties assessed in accordance with this Section shall be as
provided in Section 10.
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8.3 Other Available Remedies
Remedies, in addition to those previously mentioned in this ordinance are available to the POTW
Director who may use any one or combination of additional remedies against a noncompliant
user. Additional available remedies include,but are not limited to:
(a) Criminal Violations. The District Attorney for the 25th Judicial District may, at the
request of the Town,prosecute noncompliant users who violate the provisions of
N.C.G.S. 143-215.6B.
(b) Injunctive Relief
Whenever a user is in violation of the provisions of this ordinance or an order or
permit issued hereunder,the POTW Director,through the Town Attorney,may
petition the Superior Court of Burke County for the issuance of a temporary
restraining order, a preliminary injunction and/or a permanent injunction which
restrains or compels the activities in question.
(c) Water Supply Severance
Whenever an industrial user is in violation of the provisions of this ordinance or
an order or permit issued hereunder,water service to the industrial user may be
severed and service will only recommence, at the user's expense, after it has
satisfactorily demonstrated its ability to comply.
(d) Public Nuisances
Any violation of the prohibitions or effluent limitations of this ordinance or of a
permit or order issued hereunder, is hereby declared a public nuisance and shall
be corrected or abated as directed by the POTW Director. Any person(s) creating
a public nuisance shall be subject to the provisions of the GS160A-193 governing
such nuisances, including reimbursing the POTW for any costs incurred in
removing, abating or remedying said nuisance.
8. 4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The POTW Director may take
any, all, or anycombination of enforcement actions against a noncompliant user. Enforcement of
g P
pretreatment violations will generally be in accordance with the Town's enforcement response
plan. However,the POTW Director may take other action against any user when the
circumstances warrant.
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SECTION 9 -ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
At least annually,the POTW Director shall publish in a newspaper of general circulation that
provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of those
industrial users which were found to be in significant noncompliance, also referred to as
reportable noncompliance, in 15A NCAC 2H .0903 (b)(10),with applicable pretreatment
standards and requirements during the previous 12 months.
SECTION 10—ADJUDICATORY HEARINGS
Hearings: The local government may conduct hearings in accordance with its regular hearing
procedure.
(a) Adjudicatory Hearing. An applicant whose permit is denied, or is granted subject to
conditions he deems unacceptable, a permittee/user assessed a civil penalty under
Section [8.2], or one issued an administrative order under Section [8.1] shall have the
right to an adjudicatory hearing before the POTW Director or other hearing officer
appointed by the POTW Director upon making written demand, identifying the
specific issues to be contested,to the POTW 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 and further appeal is barred. For
modified permits, only those parts of the permit being modified may be adjudicated.
The hearing officer shall make a final decision on contested penalties within 90 or
less days of the receipt of the written demand for a hearing. The hearing officer shall
make a final decision on contested permits or orders within 90 days of the receipt of
the written demand for a hearing.The POTW Director shall transmit a copy of the
hearing officer's decision by registered or certified mail as described in paragraph(b)
below. The decision is a final decision for the purposes of seeking judicial review.
The terms and conditions of a permit under appeal shall be as follows:
(1) New Permits. Upon appeal, including judicial review in the General
Courts of Justice, of the terms or conditions of a newly issued permit,the
terms and conditions of the entire permit are stayed and the permit is not
in effect until either the conclusion of judicial review or until the parties
reach a mutual resolution.
(2) Renewed Permits. Upon appeal, including judicial review in the General
Courts of Justice, of the terms or conditions of a renewed permit, the terms
and conditions of the existing permit remain in effect until either the
conclusion of judicial review or until the parties reach a mutual resolution.
(3) Terminated Permits. Upon appeal, including judicial review in the
General Courts of Justice, of a terminated permit, no permit is in effect
39

until either the conclusion of judicial review or until the parties reach a
mutual resolution.
(b) Official record. When a final decision is issued under paragraph(a) above,the
Hearing Officer shall prepare an official record of the case that includes:
(1) All notices, motions, and other like pleadings;
(2) A copy of all documentary evidence introduced;
(3) A certified transcript of all testimony taken, if testimony is transcribed. If
testimony is taken and not transcribed, then a narrative summary of any
testimony taken.
(4) A copy of the final decision of the Hearing Officer.
(c) Judicial Review. Any person against whom a final order or decision of the Hearing
Officer is entered,pursuant to the hearing conducted under paragraph(a) above,may
seek judicial review of the order or decision by filing a written request for review by
the Superior Count of Burke County within 30 days after receipt of notice by
registered or certified mail of the order or decision, but not thereafter, along with a
copy to the Town. Within 30 days after receipt of the copy of the written request for
review by the Court,the Hearing Officer shall transmit to the reviewing court the
original or a certified copy of the official record.
SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGES VIOLATIONS
11.1 Upset
(a)An upset shall constitute an affirmative defense to an action brought for noncompliance
with categorical pretreatment standards if the requirements of paragraph (b), below, are
met.
(b)A user who wishes to establish the affirmative defense of upset must demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1)An upset occurred and the user can identify the cause(s)of the upset;
(2)The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures; and
(3)The user submitted the followinginformation to the POTW Director orally
within twenty-four(24)hours after becoming aware of the upset and in writing within
five(5) days after the user became aware of the upset:
40

(i)A description of the indirect discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue; and
(iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence
of the noncompliance.
(e) In any enforcement proceeding, the user seeking to establish the occurrence of an upset
shall have the burden of proof.
(d) Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical
pretreatment standards.
(e) Each user shall control production of all discharges to the extent to maintain necessary
maintain compliance with categorical pretreatment standards upon reduction, loss, or
failure of its treatment facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the situation where, among other
things,the primary source of power of the treatment facility is reduced, lost or fails.
11. 2 Prohibited Discharge Standards Defense
A user shall have an affirmative defense to an enforcement action brought against it for
noncompliance with the general prohibitions in Section 2.1 (a) of this ordinance or the specific
prohibitions in Sections 2.1(b)(2), (3), (5)through(7), and(9)through(23)of this ordinance if it
can prove that it did not know, or have reason to know,that its discharge, alone or in conjunction
with discharges from other sources, would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance
with each limit immediately prior to, and during, the pass through or interference;
or
(b) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the Town was regularly in
compliance with its NPDES permit, and in the case of interference, was in
compliance with applicable sludge use and disposal requirements.
11. 3 Bypass
(a) Bypass is prohibited, and the POTW Director may take an enforcement
action against a user for a bypass unless:
41

(1) The bypass did not cause pretreatment standards or requirements to be
violated and the bypass was necessary in order to perform essential
maintenance to ensure efficient operation.
(2) Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage.
(3) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities,retention of untreated wastes, or maintenance during
normal periods of equipment downtime. This condition is not satisfied if
adequate back-up equipment should have been installed in the exercise
of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance.
(b) If a user knows in advance of the need for a bypass, it shall submit prior notice
to the POTW Director, at least ten(10)days before the date of the
bypass, if possible. The POTW Director may approve the anticipated bypass
after considering its adverse effects and determining whether it will meet any of
the exceptions set forth in(a)above.
(c) A user shall submit oral notice to the POTW Director of an unanticipated
Bypass that exceeds applicable pretreatment standards within twenty-four(24)
hours from the time it becomes aware of the bypass. A written submission shall
also be provided within five (5)days of this time the user becomes aware of the
bypass. The written submission shall contain a description of the bypass and its
cause; the duration of the bypass, including exact dates and times, and, if the
bypass has not been corrected,the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The Treatment Director may waive the written report on a case-by-case
basis if the oral report has been received within twenty-four(24)hours.
SECTION 12 - SEVERABILITY
If any provision, paragraph,word, Section or article of this ordinance is invalidated by any court
of competent jurisdiction,the remaining provisions,paragraphs, words, Sections, and chapters
shall not be affected and shall continue in full force and effect.
SECTION 13 - CONFLICT
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of
this ordinance are hereby repealed to the extent of such inconsistency or conflict.
42

TOWN OF VALDESE
FAT,OILS AND GREASE CONTROL ORDINANCE
Section 1 - Purpose
The purpose of this ordinance is to aid in the prevention of sanitary sewer blockages and
obstructions from the accumulation of fats, oils and grease in the town's sewer system.
Section 2- Definitions
Fats, Oils and Grease: Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
Food Service Establishment: Any commercial, industrial or institutional facility
discharging kitchen or food preparation wastewater including, but not limited to,the following:
restaurants, motels, hotels, cafeterias, hospitals, schools, nightclubs, delicatessen, meat cutting-
preparation, bakeries, bagel shops, grocery stores, gas stations, and any other facility that the
Pretreatment Director determines to be in need of a grease interceptor by virtue of its operation.
Grease Interceptor: A device used to effect the separation of fats, oils and grease in
wastewater effluent which prevents the discharge of fats, oils and grease in excess of 300
milligrams per liter(mg/1) concentration, or has been found by the Pretreatment Director to
prevent the discharge of fats, oils and grease in quantities sufficient to cause POTW line
stoppages or necessitate increased maintenance of the POTW in order to keep line stoppages
from occurring. An interceptor may be of the "outdoor"or underground type normally of a
1,000-gallon capacity or more, or"under-the-counter"package unit, which is typically less than
100-gallon capacity. For the purpose of this definition,the terms "grease interceptor",
"interceptor"and"grease trap"are used interchangeably.
Inspector: The Pretreatment Director and persons acting under the Pretreatment
Director's direction who are investigating compliance with this ordinance.
Operator: The operator of a Food Service Establishment.
Owner: An individual,person, firm, company, association, society, corporation, or other
entity upon whose property the building or structure containing the Food Service Establishment
is located or will be constructed. "Owner" shall also include the owner of a Food Service
Establishment which is leasing the building, structure, or a portion thereof containing the Food
Service Establishment.
Plumbing Code: The current edition of the North Carolina Plumbing Code.
POTW(Publicly Owned Treatment Works): The treatment works as defined by
Section 212 of The Federal Water Pollution Control Act, also known as the Clean Water Act, (33
U.S.C. 1292), which is owned by the Town of Valdese. This definition includes any devices or
1

systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid or solid nature. It also includes sewers,pipes and other
conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of
this resolution,"POTW" shall also include any sewers that convey wastewater to the POTW
from persons outside the Town who are, by contract or agreement with the Town, or in any other
way, users of the POTW.
Pretreatment Director: The Pretreatment Director of the Town of Valdese, or his
authorized representative(s).
Town: The Town of Valdese,North Carolina, or any duly authorized agent(s)or
official(s) acting on its behalf.
Waste: Liquid and water-carried wastes,whether treated or untreated. The terms
"sewage" and "wastewater" shall be deemed to be waste by definition.
Section 3- Grease Interceptors Required
Food Service Establishments shall discharge all waste from sinks, dishwashers, drains
and any other fixtures through which fats, oils and grease may be discharged into a properly
maintained and functioning grease interceptor.
Section 4- Compliance Date
(a) Operators of existing Food Service Establishments which are not equipped with a
grease interceptor which is in compliance with the requirements of this ordinance shall install a
grease interceptor within six (6)months of the effective date of this ordinance.
(b) New Food Service Establishments shall be equipped with a grease interceptor
prior to commencement of discharge to the POTW.
(c) Any requests for extensions of time for installing a grease interceptor must be
made in writing to the Pretreatment Director at least thirty(30) days in advance of the
compliance date. The written request shall include the reasons for the operator's failure or
inability to comply with the applicable compliance date,the amount of additional time needed to
complete the remaining work, and the steps to be taken to avoid future delays. The Pretreatment
Director shall determine whether to grant an extension and the date for compliance.
Section 5- Discharge Criteria
The following prohibitions shall apply to Food Service Establishments:
(a) Where fats, oils and grease are byproducts of food preparation and/or cleanup,
reasonable efforts shall be made to separate waste fats, oils and grease into a separate container
for proper disposal. Except as contained in byproducts of food preparation and/or clean up,
2

waste fats, oils and grease shall not be discharged to any drains or grease interceptors. Such
waste shall be placed in a container designed to hold such waste and either used by industry or
disposed of at a suitable location.
(b) The influent to interceptors shall not exceed 140 degrees Fahrenheit(140° F).
The temperature at the interceptor's flow control device inspection port shall be considered
equivalent to the temperature of the influent.
(c) Toilets, urinals, and other similar fixtures shall not discharge through a grease
interceptor.
(d) Waste shall enter the grease interceptor only through the inlet flow control device,
then the inlet pipe.
(e) Where food-waste grinders are installed,the waste from those units shall
discharge directly into the building drainage system without passing through a grease interceptor.
Section 6- Service/Inspection Ports and Monitoring Ports
(a) Except for under the sink grease interceptors, each interceptor shall be located
outside of a building or structure in an area accessible for service, and so installed and connected
that it shall be at all times easily accessible for inspection and for cleaning and removal of the
intercepted waste. Inlet flow control inspection ports, interceptor inspection ports and effluent
monitoring ports shall be in areas where vehicles may not temporarily block access for
inspection. Interceptors shall be deemed to be inaccessible if the use of ladders or the removal of
bulky equipment or stored materials as required to inspect inlet flow control devices, inspect or
service interceptors, or sample interceptor effluent. Inspection ports and monitoring ports shall
be located so as to allow inspectors quick and easy access to the inlet flow control device, each
compartment of the interceptor, and the effluent from the interceptor. An interceptor shall not be
installed in any part of a building where food is handled. The location of all interceptors,
inspection ports, and monitoring ports must be approved by the Pretreatment Director.
(b) An inspection port shall be provided for the flow control device regulating flow
into the interceptor.
(c) A one-piece removable metal plate covering the entire interceptor shall be
preferred as an interceptor inspection port although, in the discretion of the Pretreatment
Director, standard manhole ports may be installed over each divider in the interceptor, but in
either case all parts of the interceptor shall be easily accessible for cleaning and visual inspection.
(d) A monitoring port shall be provided for ease in sampling the effluent from the
interceptor and shall be as close as possible to the connection with the town POTW within the
bounds of the facility property. The port shall be installed and maintained at the operator's
expense. The operator shall properly place, monitor, and maintain the monitoring port so that
wastewater samples taken from the monitoring port are representative of wastewater leaving the
3

interceptor. It shall be unlawful for a operator to divert sewage around a monitoring point into the
POTW.
Section 7- Under the Sink Grease Interceptors
(a) If an outside grease interceptor is not practical, an under the sink grease
interceptor may be installed subject to the approval of the Pretreatment Director. In addition to
the general requirements for grease interceptors as provided in this ordinance, under the sink
grease interceptors shall be subject to the following additional requirements.
(b) Under the sink interceptor requirements.
1. Under the sink interceptors shall be located within twenty-five(25) feet of
the wastewater source and as close to the wastewater source as is
reasonably possible.
2. The lid shall be secured to the body with a single bolt. No wing nuts or
screws shall be permitted.
3. Baffle systems and all other internal pieces shall be removable to facilitate
cleaning and replacement, but must be in place at all other times.
4. The lid shall cover the deep seal interceptor. The deep seal interceptor
shall be constructed so as to eliminate the possibility of sewer gas entering
the kitchen area.
5. The interceptors shall be constructed with bottom supports so that the
body of the interceptor does not corrode by coming into contact with the
floor.
6. The interceptor shall be coated with a powder coated electrostatically
applied cathodic epoxy coating so as to be resistant to corrosion.
7. The interceptor shall be equipped with a flow control fitting.
(c) Installation requirements.
1. The interceptor may be set on the floor,partially recessed in the floor with
top flush with the floor, or fully recessed below the floor to suit piping and
structural conditions, as acceptable to the Pretreatment Director.
2. There shall be sufficient clearance for the removal of the interceptor cover
for cleaning.
3. Unless specifically approved by the Pretreatment Director,runs of pipe
exceeding 25 feet between fixture and interceptor shall not be permitted.
4. The interceptor shall not be installed in a waste line from a garbage
grinder. Any garbage grinder waste shall bypass the interceptor.
5. A suitable flow control fitting shall be installed ahead of the interceptor in
the waste line beyond the fixture and as close as possible to the underside
of the lowest fixture. When wastes of two or more sinks or fixtures are
4

combined to be used by one interceptor, a single flow control fitting shall
be used.
6. Air intake for flow control either shall terminate under the sink drain board
as high as possible to prevent overflow, or shall terminate in a return bend
at the same height and on the outside of the building.
7. To retain water and prevent siphoning, all interceptors must be a vented
and sized in accordance with the applicable plumbing codes.
8. With the approval of Pretreatment Director, one interceptor may be used to
serve multiple fixtures if the fixtures are located close together and the
interceptor is sized to meet the combined flow of all the fixtures.
Section 8- Interceptor Maintenance
(a) Required Cleaning Frequency
1. Unless otherwise specified by the Pretreatment Director, each interceptor
in active use shall be cleaned at least once every six(6) months or more
frequently as needed to prevent the discharge of fats, oils and grease in
excess of 300 mg/1 into the POTW. The Pretreatment Director may
specify cleaning more frequently when pumping every six (6)months is
shown to be inadequate. Additional pumping may be required during time
periods when increased loading is anticipated.
2. If the inspector determines that the interceptor is full, immediate steps
shall be taken by the operator to pump out and clean the interceptor as
soon as is practicable. The Pretreatment Director shall make an evaluation
of the advisability of allowing discharge to continue, and may at his
discretion order an immediate cessation of all discharge from the Food
Service Establishment.
(b) Notice of Cleaning.
Every operator shall, within ten(10)days of each cleaning of an interceptor
located on the operator's premises,notify the Pretreatment Director in writing that the interceptor
has been cleaned. The notice of cleaning shall include the date of the cleaning,the identity of the
hauler,the site to which the contents of the interceptor were hauled and such other information as
the Pretreatment Director may reasonably require. The operator shall submit with each notice of
cleaning an invoice, manifest or other similar document from the hauler evidencing the cleaning
of the interceptor. The operator shall also submit such other documentation relating to the
cleaning of the interceptor as the Pretreatment Director may reasonably require.
5

- 1
(c) Cleaning Procedures
1. The operator or an employee of the operator shall supervise the interceptor
cleaning. Such person shall be present during and observe the entire
cleaning operation.
2. An operator shall cause the licensed waste hauler,transporter, or any other
person cleaning or servicing an interceptor to completely evacuate all
contents, including floating materials, wastewater, and bottom sludges and
solids during servicing. Skimming the surface layer of waste material,
partial cleaning of the interceptor or using any method that does not
remove the entire contents of the collection device is prohibited. The
suction of the floating materials shall be done prior to removal of other
contents. After complete evacuation,the walls,top, and bottom of the
interceptor shall be thoroughly scraped and the residue removed.
3. It shall be unlawful for an operator to allow the decanting or discharging
of removed waste back into the interceptor from which the waste was
removed or into any other interceptor.
4. When cleaned,the interceptor shall be fully evacuated unless the
interceptor volume is greater than the tank capacity on the vacuum truck in
which case the transporter shall arrange for additional transportation
capacity so that the interceptor is fully evacuated within a twenty four(24)
hour period following the transporter's inability to fully evacuate the
interceptor.
(d) Disposal of Interceptor Pumpage.
All waste removed from each interceptor shall be disposed of at a facility
permitted and authorized to receive such waste in accordance with all applicable Federal, State,
and local regulations. Fats, oils and grease removed from an interceptor shall not be recycled so
as to become a food product or part of a food product for animal or human consumption. The
operator shall be responsible for assuring that the waste is disposed of in accordance with all
Federal, State and local disposal regulations.
(e) Vacuum Truck Cleaning Service
It shall be unlawful for an operator to allow grease interceptor waste to be
removed from its premises by a transporter which does not have all applicable Federal, State and
local permits or registrations.
6

Section 9- Grease Interceptor Treatment Products
(a) Use of grease interceptor treatment products, including bacteria designed to digest
fats, oils and grease, is specifically prohibited without prior written consent of the Pretreatment
Director.
(b) The Pretreatment Director may revoke permission to use such products where the
effluent from the interceptor or basin in which the product is used fails to meet the requirements
of this ordinance.
Section 10- Monitoring,Inspection and Entry
It shall be unlawful for the operator of a Food Service Establishment to refuse to allow
inspectors to enter its premises during reasonable hours to determine whether the operator is
complying with all of the requirements of this ordinance. The operator shall allow the inspectors
access to all parts of the premises for purposes of inspection, sampling, records examination and
copying, and the performance of additional duties reasonably required to enforce this ordinance.
Section 11- Prohibited Discharges
No person shall discharge fats, oils and grease into the POTW in excess of 300 mg/1.
Section 12- Enforcement
(a) A violation of any of the provision of this ordinance shall subject the offender to a
civil penalties as set forth in the attached schedule of penalties. Penalties shall be assessed on a
calendar year basis. If the offender fails to pay this penalty within fifteen calendar days after being
cited for a violation,the penalty may be recovered by the town in a civil action in the nature of a
debt.
(b) This ordinance may also be enforced by any appropriate equitable action, including
injunctions or orders of abatement.
(c) The town may enforce this ordinance by any one of or any combination of the
foregoing remedies.
(d) The remedies provided above are not exclusive and do not prohibit the Town from
using any other remedy provided by law.
Section 13- Severability
If any part or parts of this ordinance shall be held to be invalid, such invalidity shall not
affect the remaining parts of this ordinance.
ADOPTED This the day of , 2005.
7

TOWN OF VALDESE
BY:
8

SECTION VI
COLLECTION SYSTEM COMPLIANCE

TO \id/NI OF 4' 1.13E5E,
Public Works Department
100 Whisnant Street
P.O. Box 339
Valdese, North Carolina 28690
828-879-2128
Spill Response Plan
1) A 24 hour contact list is provided in this booklet. It includes all phone
numbers and/or pager numbers for personnel that will be needed to
make necessary repairs and address the situation.
2) An equipment list is included. All equipment is located at the Valdese
Public Works Department, 100 Whisnant Street, off Highway 70 east.
All contractors are located in the Drexel and Morganton areas with
equipment and repair parts available. Parts can be obtained from the
City of Morganton (438-5277 *24 hour emergency number) and from
the City of Hickory (323-7500 *24 hour emergency number).
3) An initial assessment of the spill will be made by the first person that
arrives on the scene. The assessment will involve corrective measures
and any environmental protection measures needed. Time of
notification and the time of arrival must be documented (This time shall
not exceed 60 minutes). Area shall be flagged and barricaded off for
the protection of the public.
4) Mobili7.ation of necessary equipment and manpower should be
taking place while the initial assessment is under way. Person making
initial assessment will relay information to other personnel in regards to
equipment and protection measures needed.
Once the cause of the spill or overflow has been corrected and/or
repaired, clean-up of the area needs to be performed. After this, the
Sewage Spill Response Evaluation needs to be completed.
5) Division of Water Quality should be contacted immediately,
if possible, or within 24 hours of the first notification of the spill. All
contact numbers are included in the booklet.

SPILL OCCURRING ON:
MAJOR INTERCEPTOR RIGHT OF WAY
1. Put up warning tape"DO NOT ENTER"around
SSO site to restrict access.
2. In open areas lime, remove debris and lime site
rotor-till if needed. Re-seed and mulch with
straw.
3. In areas were there is under growth and small
trees, flush area with potable water until no
waste remains. Wait twelve to twenty four hours
then lime the area. Be certain that lime does not
flush to receiving stream.
NOTE: DO NOT LIME IF RAIN IS FORECASTED.
IN CITIZEN'S YARD
1. Till entire area if possible.Apply lime and follow
with seed and straw.
2. If waste/debris not visible apply lime and 2
inches of top soil and mix thoroughly.Apply lime
lightly, seed and mulch.
ON ASPHALT
S HALT OR CONCRETE
1. Set up containment at or near the storm drainage
system. Do not let the spill enter the storm drain
system.
2. Put up Black or Red "DO NOT ENTER"tape
around the SSO area.
3. Spread lime on spillage and sand or other material
to a depth of one inch. Let this material absorb for
one hour, then sweep up. Dispose of debris
appropriately. If spill is still evident repeat
application.
4. After removing the contaminated material,wash
down area with high pressure water and bleach.
5. Pump clean up materials and wash water into
sanitary sewer.

SOURCE CONTROL AND CONTAINMENT
PROCEDURE
Depending on the nature of the spill or overflow,the initial assessment
should indicate the priority of source control and/or containment.
1) When the source can be isolated through valves, plugs or other
methods,the flow should be discontinued immediately or reduced
to the least possible volume.
2) If the pumps on the location are not operating the control panel
should be checked for;
a. Power ON?
b. Check breaker.
c. Breaker closed, check thermal overloads. (External button).
d. Overload good, Check fuses, if you are trained to do so.
e. Is pump straining?(Clogged with debris?)
f. Do you smell a burnt motor?(contact vendor from list)
g. Call for Electrician. (From attached list.)
3) Containment methods will typically include;
a. Sand or dirt dikes and dams. (Small streams, creeks.)
b. Holes or pits. (To prevent run off to surface waters.)
If the spill event resulted from an area wide power outage you should contact
Power Company and identify your site as critical. You must have account number
for location.
If the problem is mechanical in nature,retrieve parts from inventory and make
repairs. Re-order parts as they are used!
If the problem results from sewer blockage call for jet rodding machine. (In house
or contractor from list??)

IN A CREEK OR STREAM
1. Take conductivity readings of the creek upstream and
downstream to determine were temporary dam should be
placed.
2. The dam should be constructed near a manhole which is
accessible to the jet rodder and vacuum truck.
3. Dam should be placed below the spill as indicated by low
conductivity reading.
4. Construct a dam sized to contain the flow of water plus any
flush water added during clean up.
5. Station to pumps at clean up site,one to use one for back-
up.
6. Have a back hoe at the site for dam repairs as needed.
7. Wash down all rip rap in stream bed until no residue is
evident.
8. Put up warning tap "DANGER DO NOT ENTER".
At spill site and 400 feet down stream.
9. Pull stream samples for fecal coliform. Upstream and
Downstream.
10. Repeat sampling until normal, background counts 500
cts/100 ml.
11. If settled sludge evident sweep bottom until clean.
12. If creek or stream is recreational water notify the affected
community and local officials as soon as the problem is
discovered.

SPILL RESPONSE PLAN EVALUATION
1. Do you have a current 24 hour contact list which includes phone numbers of key personnel and/or
contractors? Yes No (If Yes, please attach)
2. Do you have an equipment list which includes what functional equipment is available and where it is
located? Yes No (If Yes, please attach)
3. Do you have the staff resources to make an on-site assessment of a spill with in two hours of notification
of the spill? Yes No (If No, please explain below)
4. Please list your standard spill response procedures:
5. Is your spill response plan readily available to all essential personnel? Yes No
if No, please explain why:
6. Are all essential personnel familiar with the spill response plan and clearly understand its contents?
Yes No
If No, please explain why:

Town of Valdese
Pump Station Response Plan
All pump stations:
Cline Street
High Meadows
Morgan Trace
John Berry
Seitz Road
All pump stations are on Omni-Site..
Emergency Contact List:
Maintenance Supervisor: 432-7405
Maintenance Tech: 443-6694
Plant Superintendent 413-0060
Water Resources Dir 455-5593
Plant 879-2131
Additional Resources for Staff
Allen Hudson (Public Works Director) 828-879-2128 Work
704-472-2179 Cell
Town Manager 828-879-2117 Work
Chris Bortnick 828-413-0060 Cell
Greg Padgett(Water Resources Director) 828-455-5593 Cell
828-879-2131 Work
Updated 6/30/2022

Alex Garrison (Maint. Supervisor) 828-432-7405 Cell
Terry Stillwell 828-443-6694 Cell
Burke County Health Department 828-439-4400
Valdese Water Plant 828-879-2127
Asbury's Septic Service 828-584-1126
Cat Rental Store (Generator Rental) 828-234-6903
Connelly Springs Electric 828-443-7609 Nathan Cell
Xylem Pumps (Pump rental) 1-704-588-4592 1-704-634-0753
ClearWater Inc. 828-855-3182
Generator Services 1-803-730-5095 1-803-892-3433
Global Pump 1-585-645-9220 1-810-653-4828
DUKE POWER LOCAL 828-437-4611
Duke Power Power Outage 1-800-769-3766 1-844-343-0825
Cline St. Acc# 1373581
High Meadows Acc# 1373567
Morgan Trace Acc# 2734779
John Berry Acc# 1650547069
Seitz Rd Acc# 1079001106
In case of power outage, Duke Power should be called with the account number. Once the
duration of power outage has been determined, call in pumper trucks if needed.
Collection System ORC is to be notified and kept abreast of the situation.
Updated 6/30/2022

TOWN OF VALDESE
EMERGENCY RESPONSE PLAN
FOR
LAKE RHODHISS WASTEWATER TREATMENT
FACILITY
Updated: June 29, 2022

A. BACKGROUND INFORMATION:
The Lake Rhodhiss Wastewater Treatment Plant is located at 2100 Lake Rhodhiss Drive,
north of Valdese. The plant is designed to treat 7.5 million gallons of wastewater per day.
The plant maintains approximately 9 to 10 one ton cylinders of chlorine on site at any given time,
plus 4 to 6 one ton cylinders of sulfur dioxide.
B. STAFFING:
FACILITY SUPERINTENDENT
MAINTENANCE SPRVSR LAB DIRECTOR
MAINTENANCE TECHS LAB TECHNICIAN
WW OPERATORS
2

1. PURPOSE:
The purpose of the Emergency Response Plan (ERP) is to effectively respond to a chlorine
and/or sulfur dioxide release to minimize injuries, lessen the impact on the community and
environment, and minimize plant damage, and provide guidance to local emergency response
personnel.
2. TYPES OF EMERGENCY:
2.1 Chorine or Sulfur Dioxide Release
In the event of an equipment failure or human error,potential sources for chlorine and
sulfur dioxide releases are:
2.1.1 Chlorine and Sulfur Dioxide cylinder(1 ton)
2.1.2 Chlorine and Sulfur Dioxide delivery system
2.1.3 Chlorine room/Sulfur Dioxide Building
2.1.4 Recycle room
At this facility,the loss of any utilities including electricity will not increase the potential
for a chlorine or sulfur dioxide release.
3. SCOPE:
The scope of this plan includes:
3.1 A chlorine or sulfur dioxide release contained within the plant facilities and controllable by
local emergency response personnel.
3.2 A chlorine or sulfur dioxide release affecting or with the potential to affect the area
surrounding the facility; such a release would require outside assistance from the Burke
County Hazardous Material Response Team, and possibly state and federal response
personnel.
4. PLANNING FOR THE MANAGEMENT OF THE EMERGENCY:
4.1 Responsibility:
The facility superintendent is ultimately responsible for the implementation of the plan.
He is responsible for keeping the plan current and insuring that all employees are properly
trained.
4.2 Assigned Responsibilities:
g P
The following graph list those actions necessary for implementing the facilities ERP,
and assigns those responsibilities to specific employees. However,to assure the success
of the ERP, all employees should be trained in the implementation of the plan in its
entirety.
3

ACTIVITY RESPONSIBILITY
Day Shift Night Shift
Initiating the emergency response plan Any employee Any employee
Overall coordination of Superintendent Superintendent
facility operations
Communications:
Initial report of emergency to On-site supervisor On-site supervisor
response agencies Responsible employee Responsible employee
Initial emergency response Valdese Fire Valdese Fire
agency Department Department
Public Information Officer Appointed by Fire Department Incident Commander
-Town Manager
-Mayor
-Facility's superintendent
-Fire Chief
-Asst. Fire Chief
Brenntag
1-800-424-9300
Contact of emergency repair Jones Chemical Company Carolina Technical Services
contractors [phone] [phone]
Employee Accounting
On-site Contractors/Visitors Superintendent/Assist. Superintendent/Maint.
Contacting of outside emergency
response agencies Fire Department Incident Commander or his designee
NOTE: ON-SITE EMERGENCY EQUIPMENT:
Landline: 828-879-2131
4

5. INITIATION OF THE FACILITY EMERGENCY RESPONSE PLAN:
The ERP can be initiated by any employee who activates the facility's emergency notification
system.
ONCE THE RESPONSE PLAN HAS BEEN INITIATED BY AN EMPLOYEE,ALL
ON-SITE EMPLOYEES WILL BEGIN THE EVACUATION PROCESS AS
DESCRIBED BELOW IN SECTION 8.
Emergency Notification List:
NAME: HOME TELEPHONE: NUMBER:
Greg Padgett - Water Resources Manager 455-5593 Cell
Chris Bortnick—WWTP Supt./ORC 413-0060 Cell
Alex Garrison -Maintenance Supervisor 432-7405 Cell
Terry Stillwell-Maintenance Tech 443-6694 Cell
6. NOTIFICATION OF EMERGENCY RESPONSE AGENCIES:
Facility personnel can utilize various communications equipment to notify emergency response
agencies, some of which are listed below. Initial contact should be made via 911.
6.1 Sirens or horns to notify facility personnel and possibly the general public
6.2 Existing telephone systems
6.3 Manual or automatic alerting or alarm systems
6.4 Mobile or cellular telephones
7. INITIAL INFORMATION REQUIRED BY EMERGENCY RESPONSE AGENCIES:
7.1 What type of emergency exists
7.2 Exact location of emergency
7.3 If chlorine or sulfur dioxide is involved, exactly what has happened and how much
of the chemical is involved.
7.4 Is anyone injured, what type of injuries exist.
7.5 Has the facility been successful evacuated
7.5 Best response route or entrance point for emergency personnel
5

8.0 FACILITY EVACUATION:
Upon notification of an existing emergency, each employee is to secure their job (if required),
and report to the primary assembly area located in the parking area at the intersection of
Lovelady Road and Lake Rhodhiss Drive. If the primary assembly is inaccessible or
untenable, employees should report to a secondary assembly area located at the intersection of
Lovelady Road and Laurel Road. All employees should be aware of any chemical release
and should note the wind direction by observing the facility's flag and/or windsocks located at
the following location:
a. Flag pole
b. windsock located beside sulfur dioxide building
Employees should walk crosswind or stay upwind of any chlorine or sulfur dioxide release.
Remember, chlorine and sulfur dioxide is heavier than air, it will seek out all low laying
areas.
8.1 On-site Contractors/Visitors
On-site contractors/visitors must be made aware of those hazards which exist at the
facility, especially those associated with chemicals, as outlined in the Town of Valdese
Hazard Communications Policy. Other information which must be provided is as follows:
8.1.2 Means of notification of an emergency and/or facility evacuation
8.1.3 Evacuation means and routes
Once in the assembly area, an assigned employee should take a head count to ensure that all employees
are accounted for. Given the small number of employees on site at any given time, it should not be to
difficult for all employees to be accountable to each other.
9. ARRIVAL OF EMERGENCY RESPONSE PERSONNEL:
The on-duty supervisor, or his designee, shall be responsible for meeting arriving emergency
response personnel at a safe location in order to provide essential information concerning the
emergency condition within the facility. This particular responsibility is of vital importance in
the safe mitigation of the emergency and should be conducted by personnel who are familiar
with all aspects of the facilities operation.
10. PUBLIC INFORMATION OFFICER/MEDIA INQUIRY:
10.1 Release of incident information to the media shall be conducted by the Public Information
Officer appointed by the Fire Department Incident Commander. Only the PIO will discuss
any incident information with the media.
10.2 All news releases or other information given to the media shall be approved by the Fire
Department Incident Commander first. This action will ensure that all information is
accurate and factual.
10.3 As soon as the incident allows, a specific area will be designated for the media to
stage. This media staging location shall be located in the cold zone of the incident,
and it is within this area that all news briefings will be conducted.
6

11. GUIDELINES FOR COMMUNICATING WITH THE MEDIA:
To assure current and accurate information is provided to the news media and subsequently to the
the general public, the following practices are recommended:
11.1 In advance of an emergency:
a. Prepare media background information on chlorine and sulfur dioxide/MSDS sheets
b. Develop model/sample press statement
11.2 During an emergency:
a. Have an identified Public Information Officer
b. If possible, PIO should stay in the Media Staging Area
c. Provide information/prepared statement as soon as possible
(if the media does not hear from you soon,they will make up their own story)
d. Advise the media with periodic up-dates and follow-up on any commitments
e. Be prepared to handle requests for photographs and TV pictures
11.3 Following an emergency:
a. Advise media that the incident has been mitigated
b. Provide facts, injuries, community impact, and cause of the emergency if known
c. Provide opportunity for follow-up interviews after the investigation is complete
ANY PERSON DISCUSSING THE INCIDENT WITH THE MEDIA MUST NOT SPECULATE
AS TO THE CAUSE OF THE INCIDENT. IF THE CAUSE IN KNOWN, SO ADVISE THE
MEDIA. IF THE CAUSE IS NOT KNOWN,ADVISE THE MEDIA IT IS CURRENTLY UNDER
INVESTIGATION. NORMALLY THE QUANTITY OF CHLORINE EMITTED DURING A
RELEASE IS UNKNOWN UNTIL A THOROUGH INVESTIGATION IS COMPLETE. IF SUCH
IS THE CASE,SO ADVISE THE MEDIA.
WHEN DEALING THE MEDIA REMEMBER TO BE HONEST, COURTEOUS, STRAIGHT
FORWARD AND CONCERNED. DO NOT SPECULATE—DO NOT GIVE OFF THE RECORD
COMMENTS. ABOVE ALL,MAKE CERTAIN THAT YOU HAVE THE AUTHORITY TO
DISCUSS THE INCIDENT WITH THE MEDIA AND THAT YOU ONLY GIVE FACTUAL
INFORMATION.
7

12. SHELTERING AND EVACUATION:
Once it has been determines an incident has the potential to become a major emergency, the
impact on the community and the need to evacuate or shelter-in-place potentially affected
residents in the impact area must be evaluated.
12.1 Some ways to determine the need to evacuate or shelter include air sampling and
chlorine gas dispersion estimates.
12.2 Consideration should be given to wind shifts, existing weather conditions,time of day,
and the topography of the affected location.
12.3 Notification to the general public of an evacuation and/or sheltering operation will be
conducted by the Valdese Police Department,with any assistance that they deem needed
From other local response agencies.
NOTE: INITIAL INCIDENT EVACUATION DISTANCE IS A 1/2 MILE IN ALL
DIRECTIONS. THIS DISTANCE MAY BE INCREASED DEPENDENT
UPON INCIDENT SPECIFICS.
13. COMMUNICATING WITH THE GENERAL PUBLIC:
The news media generally will provide information to the general public. Accurate and prompt
information to the media is important.
13.1 Consider using radio and television stations to provide prompt information to the public
during an emergency.
13.2 The media can also be utilized to notify the public if evacuation or sheltering-in-place
becomes necessary.
13.3 In order to ensure that all affected persons have been notified to evacuate or shelter,
a door to door notification operation may be required.
14. ALL CLEAR:
The Fire Department Incident Commander shall be responsible for determining when the
incident has been safely mitigated and resources can be demobilized. Once this decision
has been reached, an ALL CLEAR signal shall be given as directed by the incident
commander.
8

15. EMERGENCY TELEPHONE LISTING:
EMERGENCY RESPONSE:
POLICE/FIRE/MEDICAL 911
BURKE COUNTY EMERGENCY MANAGEMENT 764 - 9320
CITY HALL 879 - 2120
FIRE DEPARTMENT (non-emergency) 879 - 2103
POLICE DEPARTMENT (non-emergency) 879 - 2102
PUBLIC WORKS 879 - 2128
SAFETY DIRECTOR 879 - 2111
TOWN MANAGER 879 - 2116
WATER DEPARTMENT 879 - 2127
NORTH CAROLINA STATE AGENCIES REQUIRING NOTIFICATION
OR WORKPLACE ACCIDENT/SPILL/LEAK
*TO BE CONTACTED BY THE SAFETY DIRECTOR OR HIS DESIGNEE
NC DWQ (Asheville) 828 - 296 - 4500
N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (919) 791 - 4200
N.C. EMERGENCY OPERATIONS CENTER 800 - 858 - 0368
N.C. STATE OCCUPATIONAL SAFETY AND HEALTH (919) 790 - 8096
9

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