NC0025348_Sewer_Use_Ordinance_20130201

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ALDERMEN LEE WILSON BETTIS,JP,
MAYOR
SABRINA BENGEL
VICTOR J.TAYLOR MICHAEL R.EPPERSON
CITY MANAGER
DENNIS K.BUCHER
JOHNNIE RAY KINSEY VERONICA E.MATTOCKS
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BERNARD W.WHITE Zhru(Eettturies o North Grolina 1d_ni KEITH M.FIASCHETTI
DANA E.OUTLAW V Ill ' �a4 1 r:
FOUNDED 1710 DIRECTOR OF FINANCE
Phone: [phone] www.newbern-nc.org
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February],2013
Monti Hassan
Environmental Engineer I
PERCS/DWQ
1617 Mail Service Center
Raleigh,NC 27699-1617
Dear Mr. Hassan,
Attached you will find the City of New Bern Sewer Use Ordinance (SUO), which was adopted on
December 11, 2012. This is the SUO which you reviewed in July. The changes were made as
requested by you.
Thank you for your assistance in reviewing this document. Should you need additional
information please contact me(252-639-7555)or majstoravich-ignewbern-nc.org.
Sincerely,
Judy Majstoravich
Treatment Plants Manager
City of New Bern
cc: File Q
Enclosure
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AN ORDINANCE TO AMEND ARTICLE III. CITY WATER AND SEWERAGE
SYSTEMS OF CHAPTER 74 "UTILITIES" OF THE CODE OF ORDINANCES OF THE
CITY OF NEW BERN
THAT WHEREAS, the Board of Alderman of the City of New Bern deems it advisable
and in the public interest to effect certain revisions to Article IV. Sewer Use of Chapter 74
"Utilities" of the Code of Ordinances of the City of New Bern.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF NEW BERN:
SECTION 1. That Article IV "Sewer Use" of Chapter 74 "Utilities" of the Code of
Ordinance of the City of New Bern be and the same is hereby amended by deleting Article IV
"Sewer Use" in its entirety and inserting in its stead the following:
"Article IV. Sewer Use
Division 1. Generally
Sec. 74-131. Purpose and Policy.
(a) This article sets forth uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system of the City of New Bern and enables the
City of New Bern to comply with all applicable state and federal laws, including the Clean Water
Act (33 USC § 1251, et seq.) and the General Pretreatment Regulations (40 CFR 403).
(b) The objectives of this article are to:
(1) Prevent the introduction of pollutants and wastewater discharge into the
municipal wastewater system which will interfere with the operation of the system or
contaminate the resulting sludge;
(2) Prevent the introduction of pollutants and wastewater discharges into the
municipal wastewater system which will pass through the system, inadequately treated, into any
waters of the state or otherwise be incompatible with the system;
(3) Promote reuse and recycling of industrial wastewater and sludges from the
City System;
(4) Protect both city personnel who may be affected by sewage, sludge, and
effluent in the course of their employment as well as to protect the general public;
(5) Provide for equitable distribution of the cost of operation, maintenance
and improvement of the municipal wastewater system; and
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(6) Ensure that the city 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.
(c) This article provides for the regulation of direct and indirect contributors to the
municipal wastewater system, through the issuance of permits to certain nondomestic users and
through enforcement of general requirements for the other users, authorizes monitoring and
enforcement activities, requires user reporting and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein.
(d) This article shall apply to all users of the City Wastewater System. Except as
otherwise provided herein, the Publicly Owned Treatment Works or POTW Director shall
administer, implement, and enforce the provisions of this article. Any powers granted to or
imposed upon the POTW director may be delegated by the POTW Director to other city
personnel. By discharging wastewater into the City of New Bern Wastewater System, industrial
users located outside the city limits agree to comply with the terms and conditions established in
this article, as well as any permits, enforcement actions, or orders issued hereunder.
Sec. 74-132. Definitions.
Unless the context specifically indicates otherwise, the following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates:a different meaning:
J
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 US § 1251, et seq.
Approval Authority means the Director of the Division of Water Quality of the State
Department of Environment and Natural Resources or the Director's designee.
Authorized representative of an industrial user means:
(1) If the industrial user is a corporation, authorized representative shall mean:
a. The president, secretary, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision-
making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship, an authorized
representative shall mean a general partner or the proprietor, respectively.
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(3) If the industrial user is a federal, state or local government facility, an authorized
representative shall mean a director or highest official appointed or designated to oversee the
operation and performance of the activities of the government facility, or their designee.
The individuals described in subsections (1) through (3) of this definition may designate
another authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the company,
and the written authorization is submitted to the City.
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.
Biochemical Oxygen Demand (BOD) means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures for five days at 20
degrees Celsius, usually expressed as a concentration (e.g., mg/1).
POTW.Building sewer means a sewer conveying wastewater from the premises of a user to the
Bypass means the intentional diversion of waste streams from any portion of a user's
treatment facility.
Categorical Standards means the National Categorical Pretreatment Standards or
pretreatment standard.
Control Authority means the Publicly Owned Treatment Works organization if the
POTW organization's Pretreatment Program approval has not been withdrawn.
Environmental Protection Agency or EPA means 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.
Grab sample means a sample which is taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and over a period of time not to exceed 15
minutes.
Holding tank waste means any waste from holding tanks, including but not limited to
such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump
tank trucks.
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Indirect discharge or discharge means the discharge or the introduction from any
nondomestic source regulated under section 307(b), (c), or (d) of the Act (33 USC § 1317) into
the POTW(including holding tank waste discharged into the system).
Industrial user or user means any person who is a source of indirect discharge.
Interference means 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 NPDES, collection system, and/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 USC
§ 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste
Disposal Act (SWDA) (42 USC § 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.
Medical waste means isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
National Categorical Pretreatment Standard or Categorical Standard means any
regulation containing pollutant discharge limits promulgated by EPA in accordance with sections
307(b) and (c) of the Act (33 USC § 1317) which applies to a specific category of industrial
users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405- -471.
National Pollution Discharge Elimination System or NPDES permit means a permit
issued pursuant to section 402 of the Act (33 USC § 1342), or pursuant to G.S. 143-215.1 by the
state under delegation from the EPA.
National Prohibitive Discharge Standard or prohibitive discharge standard means
absolute prohibitions against the discharge of certain substances; these prohibitions appear in
section 74-176 and are developed under the authority of 307(b) of the Act and 40 CFR 403.5.
New source as defined in 40 CFR 403.3(m), including any subsequent amendments and
additions means:
(1) Any building, structure, facility, or installation from which there may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
categorical pretreatment standards under section 307(c) of the Act which will be applicable to
such source if such standards are thereafter promulgated in accordance with section 307(c),
provided that:
a. The building, structure, facility, or installation is constructed at a site at
which no other source is located;
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b. The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an existing source; or
C. The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new
facility is engaged in the same general type of activity as the existing source, should be
considered.
d. 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 subsections (1)a and (1)b of this
definition, but otherwise alters, replaces, or adds to existing process or production equipment.
(2) 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 is 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.
Noncontact cooling water means water used for cooling which does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
National Pollution Discharge Elimination System, or NPDES, Permit. A permit issued
pursuant to section 402 of the Act (33 U.S.C. §1342), OR PURSUANT TO G.S. 143-215.1 by
the State under delegation from EPA.
Non-discharge permit means a permit issued by the State pursuant to G.S. 143-215.1(d)
for a waste which is not discharged directly to surface waters of the State or for a wastewater
treatment works which does not discharge directly to surface waters of the State.
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Pass through means a discharge which exits the POTW into waters of the State in
quantities or concentrations which, alone or with discharges from other sources, causes a
violation, including an increase in the magnitude or duration of a violation, of the Control
Authority's and/or POTW's, if different from the Control Authority NPDES, collection system,
or Non-discharge permit, or a downstream water quality standard even if not included in the
permit.
Person means 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.
pH means 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.
Pollutant means any "waste" as defined in G.S. 143-213(18) and dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of
wastewater(e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor).
POTW Director means the City Engineer of the Publicly Owned Treatment Works, or
his/her designee.
POTW treatment plant means that portion of the POTW designed to provide treatment to
wastewater.
Pretreatment or treatment means 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 collection
system and/or treatment plant. The reduction or alteration can be obtained by physical, chemical
or biological processes, or process changes or other means, except as prohibited by 40CFR Part
403.6(d).
Pretreatment program means the program for the control of pollutants introduced into
the POTW from non-domestic sources which was developed by the city in compliance with 40
CFR 403.8 and approved by the approval authority as authorized by G.S. 143-215.3(a)(14) in
accordance with 40 CFR 403.11.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard.
Pretreatment standards means prohibited discharge standards, categorical standards, and
local limit which applies to an industrial user.
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Publicly Owned Treatment Works (POTW) or municipal wastewater system means a
treatment works as defined by section 212 of the Act (33 USC § 1292), which is owned in this
instance by the city. 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 article, "POTW" shall also
include any sewers that convey wastewaters to the POTW from persons outside the City who
are, by contract or agreement with the city, or in any other way, users of the City's POTW.
Severe property damage means substantial physical damage to property, damage to the
user's treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a bypass.
Severe property damage does not mean economic loss caused by delays in production.
Significant Industrial User means any industrial user that discharges wastewater into a
Publicly Owned Treatment Works and that:
(1) Discharges an average of 25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater; or
(2) Contributes process wastewater which makes up five percent or more of the
NPDES or Non-discharge permitted flow limit or five percent or organic capacity of the POTW
treatment plant. In this context, organic capacity refers to BOD, TSS and Ammonia; or
(3) Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40
CFR chapter a, Subchapter N, Part 405-471 required to meet a national categorical pretreatment
standard; or
(4) Is designated as such by the Control Authority on the basis that the industrial user
has a reasonable potential for adversely affecting the POTW's operation, or for violating any
Pretreatment Standard or requirement, or for contributing to violations of the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit, or for limiting the POTW's
sludge disposal options.
(5) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraphs (A) and (B)
above has no reasonable potential for adversely affecting the POTW's operation or for violating
any Pretreatment Standards or requirement, or for contributing to violations of the POTW's
effluent limitations and conditions in its NPDES or non-discharge permit, [or for contributing to
violations of the POTW's receiving stream standard,] or for limiting the POTW's sludge
disposal options, and thus is not a Significant Industrial User.
(6) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph (3) above
meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a Non-Significant Categorical
Industrial User.
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(7) Subject to Division approval under 15A NCAC 02H .0907(b), the Control
Authority may determine that an Industrial User meeting the criteria in paragraph (3) above
meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a Middle Tier Significant
Industrial User. Sampling and inspection requirements may be cut in half as per 40 CFR Parts
403.8 (f) (2) (v) (C).and 403.12 (e) (3).
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 Parts (3), (4) or (8) shall also be SNC.
(1) Chronic violations of wastewater discharge limits, defined here as those in which.
sixty-six percent (66) percent or more of 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, defined by 40 CFR Part
403.3 (1);
(2) Technical Review Criteria (TRC) violations. defined here as those in which.
Thirty-three percent (33) percent or more of 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, defined by 40 CFR Part
403.3 (1) multiplied by the applicable TRC; (TRC = 1.4 for BOD. TSS, fats, oil and grease, 1.2
for all other pollutants (except flow and pH);
(3) Any other violation of a Pretreatment Standard or requirement as defined by 40
CFR Part 403.3(1) (daily maximum long-term average, instantaneous limit, or narrative
standard) that the Control Authority and/or POTW determines has caused, alone or in
combination with other discharges, interference or pass through (including endangering the
health of the POTW personnel or the general public.
(4) Any discharge of a pollutant or wastewater that has caused imminent
endangerment to human health, welfare, or to the environment and has resulted in either the
Control Authority's or POTW's, if different from the Control Authority, exercise of its
emergency authority under 40 CFR Part 403.8(f) (1) (vi) (B) and Section [8.1(e)] of this SUO to
halt or prevent such a discharge.
(5) Violations of compliance schedule milestones, contained in a pretreatment
permit or enforcement order, for starting construction, completing construction, and attaining
final compliance by 90 days or more after the schedule date.
(6) Failure to provide reports for compliance schedule, self-monitoring data, baseline
monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days
from the due date.
(7) Failure to accurately report noncompliance.
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(8) Any other violation or group of violations that the Control Authority and/or
POTW determine will adversely affect the operation or implementation of the local Pretreatment
Program.
Slug load means any discharge at a flow rate or concentration which has a reasonable
potential to cause Interference or Pass-Through, or in any way violates the POTS'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 could cause a violation of the prohibited discharge
standards in section 74-176 of this ordinance.
Standard Industrial Classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1987.
Storm water means any flow occurring during or following any form of natural
precipitation and resulting there from.
Suspended solids means 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.
Upset means 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.
Wastewater means 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.
Wastewater permit means as set forth in division 5 of this article.
Waters of the State means all streams, rivers, brooks, swamps, sounds, tidal estuaries,
bays, creeks, lakes, waterways, reservoirs lakes, 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.
See. 74-133. Abbreviations.
The following abbreviations, when used in this article, shall have the designated
meanings:
BOD means Biochemical Oxygen Demand.
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CFR means the Code of Federal Regulations.
COD means Chemical Oxygen Demand.
EPA means the Environmental Protection Agency.
gpd means gallons per day.
L means liter.
mg means milligrams.
mg/L means milligrams per liter.
N.C.G.S. means North Carolina General Statues.
NPDES means the National Pollution Discharge Elimination System.
O&M means Operation and Maintenance.
POTW means publicly-owned treatment works.
RCRA means the Resource Conservation and Recovery Act.
SIC means the Standard Industrial Classification.
SWDA means the Solid Waste Disposal Act.
TSS means total suspended solids.
TKN means total Kjeldahl nitrogen.
USC means the United States Code.
Secs. 74-134 — 74-145. Reserved.
Division 2. Administration and Enforcement
Sec. 74-146. Monitoring facilities.
(a) The City of New Bern requires the user to provide and operate at the user's own
expense, monitoring facilities to allow inspection, sampling, and flow measurement of the
building sewer and/or internal drainage systems. The monitoring facility should normally be
situated on the user's premises, but the City may, when such a location would be impractical or
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cause undue hardship on the user, allow the facility to be constructed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to
allow accurate sampling and preparation of samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
(c) Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the city's requirements and all
applicable local construction standards and specifications. Construction shall be completed
within 90 days following written notification by the City.
Sec. 74-147. Inspection and sampling.
The City of New Bern will inspect the facilities of any user to ascertain whether the
purpose of this article is being met and all requirements are being complied with. Persons or
occupants of premises where wastewater is created or discharged shall allow the City,
approval authority and EPA or their representative ready access at all reasonable times to all
parts of the premises for the purposes of inspection, sampling, records examination and
copying or in the performance of any of their duties. The City, approval authority, and EPA
shall have the right to set up on the user's property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and/or metering operations. Where a user has
security measures in force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements with their security
guards so that upon presentation of suitable identification, personnel from the city, approval
authority, and EPA will be permitted to enter, without delay, for the purposes of performing
their specific responsibilities. Denial of access to the City of New Bern, the approval
authority, or EPA shall be a violation of this article. Unreasonable delays may constitute
denial of access.
Sec. 74-148. Search warrants.
If the City of New Bern, 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 article, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the City designed to verify
compliance with this article or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, the City, approval authority, or EPA may
endeavor to procure a search warrant from the general court of justice of the county, which
would enable them or each of them to have access to any building, structure, or property, or
part thereof, access to which they have been denied.
Sec. 74-149. Information confidential.
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(a) Information and data on a user obtained from reports, questionnaires, permit
applications, permits and monitoring programs and from inspections shall be available to the
public or other governmental agency without restriction unless the user specifically requests
and is able to demonstrate to the satisfaction of the POTW director that the release of such
information would divulge information, processes or methods of production entitled to
protection as trade secrets of the user. Any such request must be asserted at the time of
submission of the information or data.
(b) When requested by the person furnishing a report, the portions of a report which
might disclose trade secrets or secret processes shall not be made available for inspection by the
public, but shall be made available upon written request to governmental agencies for uses
related to this article, 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.
(c) All records relating to compliance with Pretreatment Standards shall be made
available to officials of the approval authority and EPA upon request.
Sec. 74-150. Notification of violation.
Whenever the POTW Director finds that any industrial user has violated or is violating
this article, wastewater permit, or any prohibition, limitation or requirements contained therein
or any other pretreatment requirement, the POTW Director may serve upon such a person a
written notice stating the nature of the violation. Within 30 days from the date of this notice, an
explanation of the violation and a plan for the satisfactory correction thereof shall be submitted
to the City of New Bern by the user. Submission of this plan does not relieve the discharger of
liability for any violations occurring before or after receipt of the notice of violation.
Sec. 74-151. Consent orders.
The POTW Director is hereby empowered to enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with the person
responsible for the noncompliance with the provisions of this article. Such orders will include
specific action to be taken by the discharger to correct the noncompliance within a time period
also specified by the order. Consent orders shall have the same force and effect as an
administrative order issued pursuant to section 74-153.
Sec. 74-152. Show cause hearing.
(a) The POTW Director may order any industrial user who causes or is responsible
for an unauthorized discharge, has violated this article, or is in noncompliance with a wastewater
discharge permit, to show cause why a proposed enforcement action should not be taken. If 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
Page 12 of 41

reasons for such action, and a request that the user show cause why this proposed enforcement
action should not be taken. The notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) at least ten days before the hearing. Service may be
made on any agent or officer of a corporation.
(b) The POTW Director shall review the evidence presented at the hearing and
determine whether the proposed enforcement action is appropriate.
(c) A show cause hearing under this section is not a prerequisite to the assessment of
a civil penalty under section 74-156 nor is any action or inaction taken by the POTW Director
under this section subject to an administrative appeal under section 74-220.
Sec. 74-153. Administrative orders.
When the POTW Director finds that an industrial user has violated or continues to violate
this article, permits or orders issued hereunder, or any other pretreatment requirement, the
POTW Director may issue an order to cease and desist all such violations and direct those
persons in noncompliance to do any of the following:
(1) Immediately comply with all requirements.
(2) Comply in accordance with a compliance time schedule set forth in the order.
(3) Take appropriate remedial or preventive action in the event of a continuing or
threatened violation.
(4) Disconnect unless adequate treatment facilities, devices or other related
appurtenances are installed and properly operated within a specified time period.
Sec. 74-154. Emergency suspensions.
(a) 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 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.
(b) Any user notified of a suspension of the wastewater treatment service and/or the
wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held
within 15 days of the notice of suspension to determine whether the suspension may be lifted or
the user's waste discharge permit terminated. Upon 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 to the POTW Director
Page 13 of 41

describing the causes of the harmful contribution and the measures taken to prevent any future
occurrence, prior to the date of the above-described hearing.
Sec. 74-155. Termination of permit.
(a) Any user who violates the following conditions of this article, or applicable state
and federal regulations, is subject to having its permit terminated:
(1) Failure to accurately report the wastewater constituents and characteristics
of his discharge;
(2) Failure to report significant changes in operations, or wastewater
constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring; or
(4) Violation of conditions of the permit.
(b) 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 74-152 why
the proposed action should not be taken.
Sec. 74-156. Civil penalties.
(a) Any user who is found to have failed to comply with any provision of this article,
or the orders, rules, regulations and permits issued hereunder, may be fined assessed a civil
penalty of up to twenty-five thousand dollars ($25,000) per day per violation. No penalty shall
be assessed until the person alleged to be in violation is given notice to comply by registered
mail, certified mail return receipt requested, or personal service. The notice shall set forth in
detail a description of the violation for which the penalty has been invoked.
(b) In determining the amount of the civil penalty, the POTW Director shall consider
the following:
(1) The degree and extent of the harm to the natural resources, to the public
health, or to public or private property resulting from the violation.
(2) The duration and gravity of the violation.
(3) The effect on groundwater or surface water quantity or quality or on air
quality.
(4) The cost of rectifying the damage.
(5) The amount of money saved by noncompliance.
Page 14 of 41

(6) Whether the violation was committed willfully or intentionally.
(7) The prior record of the violator in complying or failing to comply with the
pretreatment program.
(8) The costs of enforcement to the City of New Bern.
(c) For continuous violations, a second notice shall be sent fourteen (14) calendar
days after the original notice. If payment is not received or equitable settlement reached after
twenty-one (21) days after demand for payment is first made, the matter shall be referred to the
city attorney for institution of a civil action in the name of the city in the appropriate division of
the general court of justice of Craven County for recovery of the penalty.
(d) Appeals of civil penalties assessed in accordance with this section shall be as
provided in section 74-220.
See. 74-157. Other available remedies.
(a) Remedies, in addition to those previously mentioned in this article, are available
to the POTW Director, who may use any single one or combination against a noncompliant user.
(b) Additional available remedies include, but are not limited to:
(1) Criminal violations. The City may request the District Attorney for the 3-
B Judicial District to prosecute noncompliant users who violate the provisions of G.S. 143-
215.613.
(2) Injunctive relief. Whenever a user is in violation of the provisions of this
article or an order or permit issued hereunder, the POTW Director, through the City Attorney,
may petition the general court of justice for the issuance of a restraining order or a preliminary
and permanent injunction which restrains or compels the activities in question.
(3) Water supply severance. Whenever an industrial user is in violation of the
provisions of this article or an order or permit issued hereunder, water service to the industrial
user may be severed and service will only be restored, at the user's expense, after the user has
satisfactorily demonstrated ability to comply.
(4) Public nuisances. Any violation of the prohibitions or effluent limitations
of this article, or of a permit or order issued hereunder, is hereby declared to be a public health
nuisance and shall be corrected or abated as directed by the POTW Director. Any person
creating a public health nuisance shall be subject to the terms of G.S. 160A-193, which provides:
The City shall have authority to summarily remove, abate, or remedy everything in the city
limits, or within one mile thereof, that is dangerous or prejudicial to the public health or public
safety. The expense of the action shall be paid by the person in default, and, if not paid, shall be
a lien upon the land or premises where the trouble arose, and shall be collected as unpaid taxes.
Page 15 of 41

Sec. 74-158. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The POTW Director may take
any, all, or any combination of these actions against a noncompliant user. Enforcement of
pretreatment violations will generally be in accordance with the city's enforcement response
plan. However, the POTW Director may take other action against any user when the
circumstances warrant. Further, the POTW Director is empowered to take more than one
enforcement action against any noncompliant user.
Sec. 74-159. 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 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.
Sec. 74-160. Upset.
(a) An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements of subsection (b) of
this section are met.
(b) A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the POTW Director
within 24 hours of becoming aware of the upset. If this information is provided orally, a written
submission containing the following must be provided within five days:
a. A description of the indirect discharge and cause of
noncompliance;
b. The period of noncompliance, including exact dates and times or,
if not corrected, the anticipated time the noncompliance is expected to continue; and
C. Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(c) In any enforcement proceeding, the user seeking to establish the occurrence of an
upset shall have the burden of proof.
Page 16 of 41

(d) Users will have the opportunity for a judicial determination on any claim of upset
only in an enforcement action brought for noncompliance with categorical pretreatment
standards.
(e) Users shall control production of all discharges to the extent necessary to
maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of
its treatment facility until the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other things, the primary
source of power of the treatment facility is reduced, lost, or fails.
Sec. 74-161. 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 subsection 74-176(a) or the specific prohibitions
in subsections 74-176(b)(2), (3) and (5) through (7) if it can prove that it did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges from other sources,
would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance
with each limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the City was regularly in compliance with its
NPDES permit, and in the case of interference, was in compliance with applicable sludge use or
disposal requirements.
Sec. 74-162. Bypass.
(a) A user may allow any bypass to occur which does not cause pretreatment
standards or requirements to be violated, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provision of subsections (b) and (c) of
this section.
(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 days before the date of the bypass, if possible.
(1) A user shall submit oral notice to the POTW Director of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass.
(2) A written submission shall also be provided within five days of the 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.
Page 17 of 41

(3) The POTW Director may waive the written report on a case-by-case basis
if the oral report has been received within 24 hours.
(c) Bypass is prohibited, and the POTW Director may take an enforcement action
against a user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The user submitted notices as required under subsection (b) of this section.
(4) The POTW Director may approve an anticipated bypass, after considering
its adverse effects, if the POTW Director determines that it will meet the three conditions listed
in this subsection.
Secs. 74-163—74-175. Reserved.
Page 18 of 41

Division 3. General Requirements
Sec. 74-176. 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 the POTW whether or not the user is a
significant industrial user or subject to any national, state, or local pretreatment standards or
requirements.
(b) Specific prohibitions. No user shall contribute or cause to be contributed into the
POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including
but not limited to the discharge of any flammable substance and waste streams with a closed cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) 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 in
any dimension, including but not limited to wood, glass, ashes, sand, cinders, and unshredded
garbage.
(3) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil
origin in amounts that will cause interference or pass through.
(4) Any wastewater having a pH less than 5.0, or more than 12.0, 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 degrees Fahrenheit
(66 degrees Celsius), or which will inhibit biological activity in the POTW treatment plant
resulting in interference, but in no case wastewater which causes the temperature at the
introduction into the treatment plant to exceed 104 degrees Fahrenheit(40 degrees Celsius).
(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.
Page 19 of 41

(9) Any noxious or malodorous liquids, gases, or solids or other wastewater
which, either singly or by interaction with other wastes, are sufficient to create a public nuisance
or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(10) Any substance which may cause the POTW's effluent or any other product
of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or
to interfere with the reclamation process. In no case shall a substance discharged to the POTW
cause the POTW to be in noncompliance with sludge use or disposal regulations or permits
issued under section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or state criteria applicable to the sludge management method being
used.
(11) Any wastewater which imparts color which cannot be removed by the
treatment process, including, but not limited to, dye wastes and vegetable tanning solutions,
which consequently impart sufficient color to the treatment plant's effluent to render the waters
injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely
affect the palatability of fish or aesthetic quality or impair the receiving waters for any
designated uses.
(12) Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the POTW Director in compliance with applicable state or federal
regulations.
(13) Storm water, surface water, groundwater, artesian well water, roof runoff,
subsurface drainage, condensate, deionized water, noncontact or uncontaminated cooling water
and unpolluted industrial wastewater, unless specifically authorized by the POTW Director or
when separate storm and sanitary sewers are available and in accordance with local, state and
federal laws and permits.
(14) Fats, oils, or greases of animal or vegetable origin in concentrations
greater than 100 mg/l.
(15) Any sludges, screenings or other residues from the pretreatment of
industrial wastes.
(16) Any medical wastes, except as specifically authorized by the POTW
Director in a wastewater discharge permit.
(17) Any material containing ammonia, ammonia salts, or other chelating
agents which will produce metallic complexes that interfere with the municipal wastewater
system.
(18) Any material that would be identified as hazardous waste according to 40
CFR 261 if not disposed of in a sewer except as may be specifically authorized by the POTW
Director.
Page 20 of 41

(19) Any wastewater causing the treatment plant effluent to violate state water
quality standards for toxic substances as described in 15A NCAC 2B .0200.
(20) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test.
(21) Recognizable portions of the human or animal anatomy.
(22) Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the municipal wastewater system.
(23) At no time shall two successive readings on an explosion hazard meter at
the point of discharge into the system (or at any point in the system) be more than five percent,
nor any single reading over ten percent of the lower explosive limit (LEL) of the meter.
(24) At no time shall any sanitary wastewater be discharged or allowed to be
discharged into the storm sewer system without exception.
(25) At no time shall any ground paper products be discharged or allowed to be
discharged into the sewer system.
(c) Storage of wastes. 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.
(d) Duties of Director. 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 74-150, and
(2) Take appropriate actions in accordance with section 74-211 of this article
for such user to protect the POTW from interference or pass through.
Sec. 74-177. National Categorical Pretreatment Standards.
Users subject to categorical pretreatment standards are required to comply with
applicable standards as set out in 40 CFR chapter 1, subchapter N, parts 405-471 and
incorporated herein.
(1) Where a categorical pretreatment standard is expressed only in terms of either the
mass or the concentration of a pollutant in wastewater, the POTW Director may impose
equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
Page 21 of 41

(2) 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 waste stream formula in 40 CFR 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment standard if the user
can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors
relating to its discharge are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
(5) A user may request a removal credit adjustment to a categorical standard in
accordance with 40 CFR 403.7.
Sec. 74-178. Industrial waste survey and local limits.
(a) An industrial waste survey is required prior to a user discharging wastewater
containing in excess of the following instantaneous maximum allowable discharge limits or daily
average discharge limits:
250 mg/l BOD
250 mg/l TSS
40 mg/1 TKN
100 mg/1 oil and grease
7.50 mg/1 ammonia
0.003 mg/l arsenic
0.003 mg/1 cadmium
0.061 mg/l copper
0.015 mg/l cyanide
0.049 mg/l lead
0.0003 mg/1 mercury
0.021 mg/1 nickel
0.005 mg/l silver
0.05 mg/1 total chromium
0.175 mg/1 zinc
6 to 9 units pH
Page 22 of 41

(b) Industrial waste survey information will be used to develop user-specific local
limits when necessary to ensure that the POTW's maximum allowable headworks loading is not
exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants
of concern shall be included in wastewater permits. The POTW Director may impose mass limits
in addition to, or in place of, concentration-based limits.
Sec. 74-179. State requirements.
State requirements and limitations on discharges shall apply in any case where they are
more stringent than federal requirements and limitations or those in this article.
Sec. 74-180. Right of revision.
The City reserves the right to establish limitations and requirements which are more
stringent than those required by either state or federal regulation if deemed necessary to comply
with the objectives of this article or the general and specific prohibitions in section 74-176, as is
allowed by 40 CFR 403.4.
See. 74-181. Dilution.
No user shall ever increase the use of process water or, in any way, attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with
the limitations contained in the National Categorical Pretreatment Standards, unless expressly
authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation
developed by the City or State.
Sec. 74-182. Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this article and
wastewater permits issued under section 74-219 of this article and shall achieve compliance with
all National Categorical Pretreatment Standards, local limits, and the prohibitions set out in
section 74-176 within the time limitations as specified by the 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 city 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 City under the provisions of this article. 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.
Sec. 74-183. Additional pretreatment measures.
(a) 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 waste
Page 23 of 41

streams from industrial waste streams, and such other conditions as may be necessary to protect
the POTW and determine the user's compliance with the requirements of this article.
(b) The POTW Director may require any person discharging into the POTW to install
and maintain, on their property and at their expense, a suitable storage and flow-control facility
to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow
equalization.
(c) Grease, oil, and sand interceptors shall be provided when, in the opinion of the
POTW Director, they are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand; except that such interceptors shall not be required for
residential users. All interception units shall be of type and capacity approved by the POTW
Director and shall be so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their
expense.
(d) Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
Sec. 74-184. Accidental discharges/slug control plans.
The POTW Director shall evaluate whether each significant industrial user needs a plan
or other action to control and prevent slug discharges and accidental changes as defined in
section 74-132. All SIUs must be evaluated within one year of being designated an SIU. The
POTW Director may require any user to develop, submit for approval, and implement such a
plan or other specific action. Alternatively, the POTW Director may develop such a plan for any
user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW Director of any accidental or
slug discharge, as required by section 74-246; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge.
Such procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site runoff,
worker training, building of containment structures or equipment, measures for containing toxic
organic pollutants, including solvents, and/or measures and equipment for emergency response.
Page 24 of 41

Sec. 74-185. Introduction of hauled wastewater to POTW prohibited.
Neither hauled septic tank wastewater nor hauled industrial wastewater may be
introduced into the POTW at any time.
Secs. 74-186— 74-195. Reserved.
Division 4. Fees
See. 74-196. Purpose.
It is the purpose of this division to provide for the recovery of costs from users of the
City's wastewater disposal system for the implementation of the program established herein. The
applicable charges or fees shall be set forth in the City's schedule of charges and fees.
Sec. 74-197. User charges.
A user charge shall be levied on all users including, but not limited to, persons who
discharge, cause or permit the discharge of sewage into the POTW.
(1) The user charge shall reflect at least the cost of debt service, operation and
maintenance (including replacement) of the POTW.
(2) Each user shall pay its proportionate cost based on volume of flow.
(3) The City Manager shall review annually the sewage contributions of users, the
total costs of debt service, operation and maintenance of the POTW and will make
recommendations to the Board of Aldermen for adjustments in the schedule of charges and fees
as necessary.
(4) 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.
Sec. 74-198. Surcharges.
(a) All industrial users of the POTW are subject to industrial waste surcharges on
discharges which exceed the following levels:
(1) BOD - 350 milligrams per liter
(2) TSS - 250 milligrams per liter
(b) The amount of surcharge will be based upon the mass emission rate (in pounds
per day) discharged above the levels listed above. The amount charged per pound of excess will
be set forth in the schedule of charges and fees.
Page 25 of 41

(1) 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:
a. Metered water consumption as shown in the records of meter
readings maintained by the City; or
b. If required by the City or at the individual discharger's option,
other flow monitoring devices which measure the actual volume of wastewater discharged to the
sewer. Such devices shall be accessible and safely located, and the measuring system shall be
installed in accordance with plans approved by the City. The metering system shall be installed
and maintained at the user's expense according to arrangements that may be made with the City.
C. Where any user procures all or part of his water supply from
sources other than the City, the user shall install and maintain at his own expense a flow
measuring device of a type approved by the City.
(2) The character and concentration of the constituents of the wastewater used
in determining surcharges shall be determined by samples collected and analyzed by the city.
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 136.
(3) 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.
Sec. 74-199. Pretreatment Program administration charges.
The schedule of charges and fees adopted by the City may include charges and fees for:
(1) Reimbursement of costs of setting up and operating the Pretreatment Program.
(2) Monitoring, inspections and surveillance procedures.
(3) Reviewing slug control plans, including accidental and/or slug load discharge
procedures and construction plans and specifications.
(4) Permitting.
(5) Other fees as the city may deem necessary to carry out the requirements of the
Pretreatment Program.
Secs. 74-200— 74-210. Reserved.
Page 26 of 41

Division 5. Wastewater Discharge Permits
Sec. 74-211. General requirements.
It shall be unlawful for any person to connect or discharge to the POTW without first
obtaining the permission of the City. When requested by the POTW Director, a user must submit
information on the nature and characteristics of its wastewater within 30 days of the request. The
POTW Director is authorized to prepare a form for this purpose and may periodically require
users to update this information.
Sec. 74-212. Permit required; transitional provision.
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.
Sec. 74-213. Significant industrial user—Determination.
All persons proposing to discharge nondomestic wastewater, or proposing to change the
volume or characteristics of an existing discharge of nondomestic wastewater shall request from
the POTW Director a significant industrial user determination. If the POTW Director determines
or suspects that the proposed discharge fits the significant industrial user criteria he will require
that a significant industrial user permit application be filed.
Sec. 74-214. Permit application.
Users required to obtain a significant industrial user permit shall complete and file with
the City, 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 section 74-213. In support of the
application, the user shall submit, in units and terms appropriate for evaluation the following
information:
(1) Name, address, and location (if different from the address).
(2) Standard Industrial Classification (SIC) codes for pretreatment, the industry as a
whole, and any processes for which categorical pretreatment standards have been promulgated.
(3) Analytical data on wastewater constituents and characteristics, including, but not
limited to, those mentioned in division 3 of this article, any of the priority pollutants (section
307(a) of the Act) which the applicant knows or suspects are present in the discharge as
determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW;
Page 27 of 41

sampling and analysis shall be performed in accordance with procedures established by the EPA
pursuant to section 304(g) of the Act and contained in 40 CFR 136, as amended.
(4) Time and duration of the indirect discharge.
(5) Average daily and 30-minute peak wastewater flow rates, including daily,
monthly and seasonal variations if any.
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all
sewers, floor drains, sewer connections, direction of flow and appurtenances by the size, location
and elevation.
(7) Description of activities, facilities and plant processes on the premises including
all materials which are or could be accidentally or intentionally discharged.
(8) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any city, state, or federal pretreatment standards, and a statement regarding
whether or not the pretreatment standards are being met on a consistent basis and if not, whether
additional operation and maintenance and/or additional pretreatment is required for the user to
meet applicable pretreatment standards.
(9) If additional pretreatment and/or O&M will be required to meet the pretreatment
standards; the shortest schedule by which the user will provide such additional pretreatment. The
completion date in this schedule shall not be longer than the compliance date established for the
applicable pretreatment standard. The following conditions apply to this schedule:
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. No
increment in the schedule shall exceed nine months.
b. No later than 14 days following each date in the schedule and the final
date for compliance, the user shall submit a progress report to the POTW Director including, at a
minimum, whether or not it complied with the increment of progress, the reason for any delay,
and if appropriate, the steps being taken by the user to return to the established schedule. In no
event shall more than nine months elapse between such progress reports to the POTW Director.
(10) Each product produced by type, amount, process or processes and rate of
production.
(11) Type and amount of raw materials processed (average and maximum per day).
(12) Number and type of employees, and hours of operation of plant and proposed or
actual hours of operation of pretreatment system.
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(13) If subject to a categorical standard, a baseline monitoring report in accordance
with 40 CFR 403.12(b) and 15A NCAC 2H.0908 (a), as outlined in section 74-241.
(14) Any other information as may be deemed by the POTW Director to be necessary
to evaluate the permit application.
Sec. 74-215. Application signatories and certification.
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user on file with the City as defined in section 74-132(3) and
contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
knowing violations.
Sec. 74-216. 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 City 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.
Sec. 74-217. Tentative determination and draft permit.
(a) 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.
(b) If the staffs tentative determination in subsection (a) of this section is to issue the
permit, the following additional determinations shall be made in writing:
(1) Proposed discharge limitations for those pollutants proposed to be limited;
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(2) A proposed schedule of compliance, including interim dates and
requirements, for meeting the proposed limitations; and
(3) A brief description of any other proposed special conditions which will
have significant impact upon the discharge described in the application.
(c) The staff shall organize the determinations made pursuant to subsections (a) and
(b) of this section and the City's general permit conditions into a significant industrial user
permit.
Sec. 74-218. 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
User, including but not limited to permit limits, permit effective and expiration dates, and a
comparison of total permitted flows and loads with Division approval maximum allowable
loadings of the POTW, including flow, on forms or in a format approved by the Division. The
AT shall be updated as permits are issued or renewed, and as permits are modified where the
permitted limits or other AT information is revised.
(2) The basis, or rational, for the pretreatment limitations, including the following:
a. Documentation of categorical determination, including documentation of
any calculations used in applying categorical pretreatment standards.
b. Documentation of the rationale of any parameter for which monitoring has
been waived under CFR Part 403.12(e) (2).
Sec. 74-219. Final action applications.
(a) The POTW Director shall take final action on all applications not later than 90
days following receipt of a complete application.
(b) The POTW Director is authorized to:
1. Issue a significant industrial user permit containing such conditions as are
necessary to effectuate the purposes of this article and G.S. 143-215.1.
2. Issue a significant industrial user permit containing time schedules for
achieving compliance with applicable pretreatment standards and requirements.
3. Modify any permit upon not less than 60 days notice and pursuant to
section 74-213.
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4. Revoke any permit pursuant to section 74-155.
5. Suspend a permit pursuant to section 74-154.
6. 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.
Sec. 74-220. Initial adjudicatory hearing.
An applicant under this division whose permit is denied, or is granted subject to
conditions he deems unacceptable, a permittee/user assessed a civil penalty under section 74-
156, or one issued an administrative order under section 74-152 shall have the right to an
adjudicatory hearing the POTW Director or other hearing officer appointed by the POTW
Director upon making written demand, identifying the issues to be contested to the POTW
Director within thirty (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 the contested permit, penalty, or order within forty-five (45) 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.
(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 General Courts of
Justice, of a terminated permit, no permit is in effect until the conclusion of judicial review or
until the parties reach a mutual resolution.
Sec. 74-221. Final appeal hearing.
Any decision of a hearing officer made as a result of an adjudicatory hearing held under
section 74-220 may be appealed, to the board of aldermen upon filing a written demand within
ten days of receipt of notice of the decision. Failure to make written demand within the time
specified herein shall bar further appeal. The Board of Aldermen shall make a final decision on
the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its
decision by registered or certified mail, return receipt requested, to the appellant.
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Sec. 74-222. Official record.
When a final decision is issued under section 74-221, the Board of Aldermen 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 Board of Aldermen.
Sec. 74-223. Judicial review.
(a) Both the initial adjudicatory hearing, if any, and the adjudicatory hearing before
the Board of Aldermen under this division shall be quasi judicial in nature, but the rules of
evidence applicable to civil suits in the general court of justice shall not apply. All testimony
shall be given under oath. A record of the proceeding shall be taken by a Court Reporter. The
appellant may be represented by counsel at the hearing, and the City Attorney shall appear on
behalf of the city if requested to do so by the City Manager.
(b) Any person against whom a final order or decision of the Board of Aldermen is
entered pursuant to the hearing conducted under section 74-221, may appeal from the order or
decision of the board of aldermen within 30 days after he shall have received written notice of
the order or decision by certified or registered mail, return receipt requested, but not thereafter,
to the superior court division of the general court of justice of the county. Such appeal shall be in
the nature of certiorari and shall be initiated by filing a petition for a writ of certiorari in the
office of the clerk of Superior Court of the county, a copy of which shall be filed with the City
Clerk. Upon issuance of the writ, the city shall, within 30 days, transmit the entire record to the
office of the clerk of the Craven County Superior Court.
Sec. 74-224. Permit modification.
(a) Modifications of permits issued under this division shall be subject to the same
procedural requirements as the issuance of permits except as follows:
(1) Changes in the ownership of the discharge when no other change in the
permit is indicated.
(2) A single modification of any compliance schedule not in excess of four
months.
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(3) Modification of compliance schedules (construction schedules) in permits
for new sources where the new source will not begin to discharge until control facilities are
operational.
(4) Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
(b) Within nine months of the promulgation of a national categorical pretreatment
standard, the wastewater discharge permit of users subject to such standards shall be revised to
require compliance with such standard within the time frame prescribed by such standard. Where
a user, subject to a national categorical pretreatment standard, has not previously submitted an
application for a wastewater discharge permit as required by section 74-214, the user shall apply
for a wastewater discharge permit within 180 days after the promulgation of the applicable
national categorical pretreatment standard.
(c) A request for a modification by the permittee shall constitute a waiver of the 60-
day notice required by G.S. 143-215.1(b) for modifications.
Sec. 74-225. Permit conditions.
(a) The POTW Director shall have the authority to grant a permit under this division
with such conditions attached as he believes necessary to achieve the purpose of this article and
G.S. 143-215.1. Wastewater permits shall contain, but are not limited to, the following:
(1) A statement of duration (in no case more than five years);
(2) A statement of nontransfer ability;
both; (3) Applicable effluent limits based on categorical standards or local limits or
(4) Applicable monitoring, sampling, reporting, notification, and record
keeping requirements. These requirements shall include an identification of pollutants to be
monitored, sampling location, sampling frequency, and sample type based on federal, state and
local law;
(5) Notification requirements for slug loads; and
(6) A statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements and any applicable compliance schedule.
(b) In addition, permits may contain, but are not limited to, the following:
(1) Limits on the average and/or maximum rate of discharge, and/or
requirements for flow regulation and equalization.
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(2) Limits on the instantaneous, daily and monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants or properties.
(3) Requirements for the installation of pretreatment technology or
construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent
the introduction of pollutants into the treatment works.
(4) Development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges.
(5) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the municipal wastewater system.
(6) The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the system.
(7) Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(8) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
(9) Requirements for immediate reporting of any instance of noncompliance
and for automatic resampling and reporting within 30 days where self-monitoring indicates a
violation.
(10) Compliance schedules for meeting pretreatment standards and
requirements.
(11) Requirements for submission of periodic self-monitoring or special
notification reports.
(12) Requirements for maintaining and retaining plans and records relating to
wastewater discharges as specified in section 74-253 and affording the POTW Director, or his
representative, access thereto.
(13) Requirements for prior notification and approval by the POTW Director of
any new introduction of wastewater pollutants or of any significant change in the volume or
character of the wastewater prior to introduction in the system.
(14) Requirements for the prior notification and approval by the POTW
Director of any change in the manufacturing and/or pretreatment process used by the permittee.
(15) Requirements for immediate notification of excessive, accidental, or slug
discharges, or any discharge which could cause any problems to the system.
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(16) 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 term of the permit.
(17) Other conditions as deemed appropriate by the POTW Director to ensure
compliance with this article, and state and federal laws, rules, and regulations.
Sec. 74-226. Permit duration.
Permits shall be issued under this division for a specified time period, not to exceed five
years. A permit may be issued for a period less than a year or may be stated to expire on a
specific date.
Sec. 74-227. 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.
Sec. 74-228. Permit reissuance.
A significant industrial user shall apply for permit reissuance by submitting a complete
permit application in accordance with section 74-214 a minimum of 180 days prior to the
expiration of the existing permit.
Secs. 74-229—74-240. Reserved.
Division 6. Reporting Requirements
Sec. 74-241. Baseline monitoring reports.
(a) Within either 180 days after the effective date of a categorical pretreatment
standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)
(4), whichever is later, existing categorical users currently discharging to or scheduled to
discharge to the POTW shall submit to the POTW Director a report which contains the
information listed in subsection (b) of this section. At least 90 days prior to commencement of
their discharge, new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to the POTW Director a report
which contains the information listed in subsection (b) of this section. A new source shall report
the method of pretreatment it intends to use to meet applicable categorical standards. A new
source also shall give estimates of its anticipated flow and quantity of pollutants to be
discharged.
(b) Users described above shall submit the information set forth below.
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(1) Identifying information. The name and address of the facility, including
the name of the operator and owner.
(2) Environmental permits. A list of any environmental control permits held
by or for the facility.
(3) Description of operations. A brief description of the nature, average rate
of production, and standard industrial classifications of the operation(s) carried out by such user.
This description should include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4) Flow measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR
403.6(e).
(5) Measurement ofpollutants.
a. The categorical pretreatment standards applicable to each
regulated process.
b. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the POTW Director, of
regulated pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required, shall be reported. The
sample shall be representative of daily operations and shall be analyzed in accordance with
procedures set out in section 74-250.
C. Sampling must be performed in accordance with procedures set out
in section 74-251.
(6) Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating whether pretreatment
standards are being met on a consistent basis, and, if not, whether additional operation and
maintenance and/or additional pretreatment is required to meet the pretreatment standards and
requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by which the user will provide
such additional pretreatment and/or O&M. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in section 74-242.
(8) Signature and certification. All baseline monitoring reports must be
signed and certified in accordance with section 74-215.
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Sec. 74-242. Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by section
74-241(b) (7):
(1) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable pretreatment standards (such
events include, but are not limited to, hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing construction, and
beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the POTW Director no later than 14
days following each date in the schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to
the POTW Director.
Sec. 74-243. Reports on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a new source following commencement of the
introduction of wastewater into the POTW, any user subject to such pretreatment standards and
requirements shall submit to the POTW Director a report containing the information described in
section 74-241(b). 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 74-215.
Page 37 of 41

Sec. 74-244. Periodic compliance reports.
(a) All significant industrial users shall, at a frequency determined by the POTW
Director but in no case less than twice per year (in June and December), submit a report
indicating the nature and concentration of pollutants in the discharge which are limited by
pretreatment standards and the measured or estimated average and maximum daily flows for the
reporting period. All periodic compliance reports must be signed and certified in accordance
with section 74-215.
(b) All wastewater samples must be representative of the user's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean,
and maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results are
unrepresentative of its discharge.
(c) If a user subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the POTW Director, using the procedures prescribed
in section 74-250, the results of this monitoring shall be included in the report.
Sec. 74-245. Reports of changes in conditions.
Each user must notify the POTW Director of any planned significant changes to the
user's operations or system which might alter the nature, quality, or volume of its wastewater at
least 30 days before the change.
(1) 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 division 5 of this article.
(2) The POTW Director may issue a wastewater discharge permit under division 5 of
this article or modify an existing wastewater discharge permit under division 5 of this article in
response to changed conditions or anticipated changed conditions.
(3) For purposes of this requirement, significant changes include, but are not limited
to, flow increases of 20 percent or greater, and the discharge of any previously unreported
pollutants.
Sec. 74-246. Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that
may cause potential problems for the POTW, the user shall immediately telephone and notify the
POTW Director of the incident. This notification shall include the location of the discharge, type
of waste, concentration and volume, if known, and corrective actions taken by the user.
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(b) Within five days following such discharge, the user shall, unless waived by the
POTW Director, submit a detailed written report describing the cause 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 article.
(c) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees who to call upon a discharge described in subsection (a) of
this section. Employers shall ensure that all employees, who may cause such a discharge to
occur, are advised of the emergency notification procedure.
Sec. 74-247. Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate
reports to the POTW Director as the POTW Director may require.
Sec. 74-248. Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must notify the POTW
Director within 24 hours of becoming aware of the violation. The user shall also repeat the
sampling and analysis and submit the results of the repeat analysis to the POTW Director within
30 days after becoming aware of the violation. The user is not required to resample if the POTW
Director monitors at the user's facility at least once a month, or if the POTW Director samples
between the users initial sampling and when the user receives the results of this sampling.
Sec. 74-249. Discharge of hazardous waste prohibited.
The discharge of hazardous waste into the wastewater collection and treatment system of
the City is prohibited.
Sec. 74-250. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed by a laboratory certified by
the state to perform the wastewater analyses in accordance with the techniques prescribed in 40
CFR 136, unless otherwise specified in an applicable categorical pretreatment standard or unless
otherwise performed in accordance with procedures approved by EPA or the City. If 40 CFR
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 the EPA.
Page 39 of 41

Sec. 74-251. 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 & 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 may allow collection of multiple grabs during a 24
hour period which are composed prior to analysis as allowed under CFR 136.
(c) Composite samples shall be collected with a minimum of hourly aliquots or grabs
for each hour that there is a discharge. All wastewater composite samples shall be collected
using flow proportional composite collection techniques, unless time-proportional composites 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.
Sec. 74-252. Timing.
Written reports will be deemed to have been submitted on the date postmarked. For
reports which are not mailed, postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
Sec. 74-253. Record keeping.
Users subject to the reporting requirements of this article shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of information obtained pursuant to
monitoring activities undertaken by the user independent of such requirements. Records shall
include the date, exact place, method, and time of sampling, and the name of the person taking
the samples; the dates analyses were performed; who performed the analyses; the analytical
techniques or methods used; and the results of such analyses. These records shall remain
available for a period of at least three years. This period shall be automatically extended for the
duration of any litigation concerning the user or the City, or where the user has been specifically
notified of a longer retention period by the POTW Director."
SECTION 2. This ordinance shall be effective from and after the date of its adoption.
Page 40 of 41

(111ttV of Nj6j ern
ALDERMEN LEE WILSON BETTIS,JR.
SABRINA BENGEL MAYOR
VICTOR J.TAYLOR MICHAEL R.EPPERSON
DENNIS K.BUCHER CITY MANAGER
JOHNNIE RAY KINSEY VERONICA E.MATTOCKS
r�T
BERNARD W.WHITE T4ree Lenturies of Xort4 Tarvlina 'eritage CITY CLERK
DANA E.OUTLAW KEITH M.FIASCHETTI
FOUNDED 1710 DIRECTOR OF FINANCE
Phone: [phone] www.newbern-nc.org
VA Pox 1129-Nefu Pern,XL 28563-1129
MEMORANDUM
TO: Mayor and Board of Aldermen
FROM: Jordan B. Hughes P.E., City Engineer
DATE: December 5, 2012
SUBJECT: Recommendation to Amend City Code of Ordinances
To Update the Sewer Use Ordinance
Background Information:
Recently the Pretreatment, Emergency Response, and Collection Systems (PERCS) unit of the North
Carolina Division of Water Quality has issued revised regulations as to how municipal pretreatment
programs shall be structured. These included revisions to 15A NCAC 2H .0900 and 40 CFR 403.
Municipal pretreatment programs have until December 31, 2012 to come into compliance with the revised
regulations.
Over the past several months City staff have been working with the PERCS unit to draft the appropriate
revisions to the City's existing Sewer Use Ordinance that will conform to the new requirements of 15A
NCAC 2H 0900 and 40 CFR 403. The proposed revisions have been reviewed by the PERCS unit for
content and by the City Attorney for form.
The City currently has (6) six industries that are regulated by the pretreatment program, none of which
will be impacted by the proposed revisions.
Recommendation:
In order to comply with the new regulations of 15A NCAC 2H .0900 and 40 CFR 403, City staff is
recommending adopting an Ordinance to Amend chapter 74 "Utilities" of the Code of Ordinances of the
City of New Bern, to revise Article IV. Sewer Use.
Attached please find a copy of the Amend Chapter 74 "Utilities"of the Code of Ordinances of the City of
New Bern and"redline" copy of the Ordinance, which reflects the changes made.
Please contact me if there are any questions or if additional information should be required.
,�$tribing for '.Xcellenre

ADOPTED THIS 1 I`h DAY OF DECEMBER, 12.
MAYO
n �
CITY CLERK
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