WQCS00206_2023 Compliance Evaluation Response_20230929

Town of Spring Hope, NC
118 W Railroad St; PO Box 87; Spring Hope, NC 27882 www.springhope.net
17 October 2023

NCDEQ Water Quality Regional Operations Section
Division of Water Resources Raleigh Regional Office
3800 Barrett Dr.
Raleigh, NC 27609
[transmitted electronically]
Attn: Ms. Vanessa Manuel, Assistant Regional Supervisor

RE: Compliance Evaluation Inspection WWCS Permit WQCS00206

Dear Ms. Manuel:
The Town is in receipt of the inspection report dated 2 October 2023. Regarding the items
identified in the accompanying correspondence, the Town of Spring Hope offers the
following responses:
• Item 2 :(Fats, Oils, and Grease Program) – The Town of Spring Hope has both a utility
ordinance, attached, and a FOG grease trap inspection program, but I was unaware
that with the small staff we were not completing annual inspections at non-
residential sites and will reinitiate that procedure with a 30 day notification to
property owners. Target date is 4 December 2023.
• Item 4 Contingency Plan for Pump Failure – The attached contingency plan developed
with assistance from North Carolina Rural Water Association (NCRWA) will be
located at all 6 lift station locations.
• Item 9 Pump Station High Water Alarms – The alerts at NC581 N; Ryans Ct, and
Montgomery St all functioned at inspection. However, the inspector commented that
the audible alarm was not sufficiently loud. The audible alert is not adjustable. We
will explore replacement audible alarms. It’s important to note that the high water
alerts all have associated Omni Beacons that call out to the on-call person as well as
the Public Works Director.
• Item 11 Designated Operators – The Town of Spring Hope filed ORC designations both
on August 2022 and as recently as September 2023. The State system was not
updated accordingly, attached is confirmation from the database of system update.
• Item 12 Cleaning Sewer Lines – Sewer line cleaning was completed post inspection
from pre-inspection 2,200 linear feet to 5,360 linear feet. This slightly exceeds the
10% annual system requirement.
• Items 13 Spill Response Action Plan – The Town of Spring with assistance from
NCRWA completed an official Spill Response Action Plan that combines all the
Town of Spring Hope, NC
118 W Railroad St; PO Box 87; Spring Hope, NC 27882 www.springhope.net
required elements. The plan is located at the DPW Truck Shed and all
staff members will be instructed to consult the plan for information in case of a spill.
• Item 14 SSO Records – On 5 July 2022 the Town of Spring Hope assumed the
operation and maintenance of the collection and treatment systems from a third party
operator that controlled record keeping for the eleven previous years. No SSO
records were provided when the Town asked for monthly reports, NOVs, or other
historical documents. Going forward the Town of Spring Hope understands that we
are to maintain records of SSOs.
• Item 15 Comprehensive Sewer Map – At the time of inspection, the field inspector
stated that pipe material, pipe age, and number of active taps are often missing from
older system’s maps. Those details are generally mapped as system improvements
are made and details are identified as a result of repairs and replacement. While the
Town possesses a digital map from the Wooten Company (attached), the Town of
Spring Hope is working with NCRWA to digitize and self-administer a digital map that
will fill in these blanks.

Please feel free to contact this office or Bobby Ball, the Public Works Director, with any
questions. We appreciate the opportunity to respond to the evaluation and look forward to
a continued positive working relationship with DEQ Water Quality.

Sincerely,

Andrew DeIonno, Town Manager

CC: Board; Bobby Ball, Director Public Works; Michele Collins, Town Clerk
Town of Spring Hope
Wastewater Treatment and Collection System
Performance Annual Report

I. General Information Permit No.: NC 0020061 Person in Charge/Contact: Andrew DeIonno, Town Manager – 252-478-5186 Bobby Ball, Public Works Director – 919- 625-2572
II. Description of Treatment Process
The Town of Spring Hope has a wastewater treatment facility with a permitted flow of 0.4 million gallons per day (MGD) consisting of a mechanical bar screen, manual grit removal, influent ultrasonic flow meter, two aeration basins, dual clarifiers, one aerobic digester, two tertiary clarifiers, liquid chlorination/de-chlorination system, a effluent cascade aeration, and a backup generator. The total amount of gallons treated for the fiscal year 2022/23 was 30,660,000 gallons.

III. Performance: Treatment Plant Test Summary of System Performance for the Fiscal Year 2022/23. The Wastewater Treatment Facility was in Compliance for Monitoring, Reporting & Permit Limits for 2022/23, except:
Date Reason for Non-Compliance
July 2022 The Town of Spring Hope liquid chlorine feed pump failed while under contract with Envirolink causing a violation of fecal coliform and chlorine residual for the month. August 2022 The Town of Spring Hope’s spare liquid chlorine feed pump failed causing a violation of fecal coliform and chlorine residual for the month. Caustic feed was started for pH adjustment due to violation during the month. The town had one (1) violation for total suspended solids. If you would like any further information or a copy of this report, Contact Town Hall at: 252-478-5186
IV. Description: Collection System
The network of pipes that constitutes the wastewater collection system includes approximately 10 miles of gravity sewer, approximately 2 miles of force main, 6 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve the Town of Spring Hope. The wastewater is then pumped via the pump stations and gravity lines to the Spring Hope WWTP which is owned and operated by the
town. Our wastewater collection system is operated and maintained under a system- wide Wastewater Collection System Permit (#WQCS00206) issued by the State of North Carolina Division of Water Resources. The ORC of the system is Bobby Ball, Public Work Director, phone number 919-625-2572.
V. Performance: Collection System
The Town of Sprin Hope is routinely working to maintain and improve the efficiency of our Collection System by increasing routine maintenance of lines and lift stations and participating in an ongoing education program in which citizens are instructed in the importance of proper disposal of household waste, including fats, oils, and grease. The Town is encouraging its citizens and system users to recycle used cooking oil and avoid the use of ‘flushable’ wipes.
Sanitary Sewer Overflows (SSOs): Sanitary sewer overflows may result from a variety of causes: inflow and infiltration due to high water levels; blocked pipes from rags, roots, and grease accumulation; broken lines from corrosion or construction activity; power failures at pump and lift stations within the system. The Town of Spring Hope Collection System had no reportable sewer SSO during this report period. The SSO was reported in accordance with State regulations to the NC Division of Water Resources. There were no environmental impacts noted as a result of the sewer overflow. A summary of reportable sanitary sewer overflow for this report period:
Date Location Reported
Gallons
Cause None

How We Protect the System We'd like to reduce system overflows to zero, so we work hard to protect our system. The following is an overview of the ways we try to protect our system and prevent overflows:
I/ I Investigations. Infiltration/ Inflow (I/ I) is extraneous water that gets into the wastewater collection system— any water other than sewage. We have an extensive program that includes smoke testing, closed- circuit TV inspection and flow monitoring to assist us in identifying areas of extraneous flow. Once we have located problem areas, we take steps to remediate the problem.
Routine Pipe Cleaning. Each year we routinely have at least 10% of the collection system cleaned, an average of more than 15,000 linear feet of sewer pipe, with special high-pressure equipment designed to remove grease and other debris from the system and inspected manholes. This routine cleaning and inspection program further reduces the potential for system blockages and overflows.
Fats, Oils and Grease (FOG) Program. Residual fats, oils and grease are a by-product of food service establishments and individual homes. Commercial customers that serve food or process meat, etc. are required to have grease interceptors. These grease removal devices are designed to remove animal fats and vegetable oils, leading causes of sewer line blockages. Commercial customers that service or wash motorized vehicles are also required to have sand/oil interceptors. These devices help protect the wastewater collection system by removing sediments, oil, grease, and light petroleum products from the wastewater discharge.
Education. We have an educational campaign involving newsletters designed to inform the public on ways they can help us protect the sanitary sewer system.
VI. Notification This report was made available to users by mail in the customer’s monthly utility bill, via the Town’s Website (www.springhope.net) or one can be obtained from the Town Hall.
VII. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users of Spring Hope’s Waste Water
Treatment Facility and that the users were notified of its availability.

________________________ _____________________
Bobby Ball, Public Works Director Date
Town of Spring Hope
10/17/2023

Town Of Spring Hope
Spill Response Plan
Permit # WQCS00206

SECTIONS

I. Purpose

II. Objectives

III. Procedures
A. Receipt of Information Regarding a Sanitary Sewer
Overflow
B. Dispatch of Sewer Maintenance Personnel to Site of
Sewer Overflow
C. Overflow Correction, Containment, and Clean Up
D. Overflow Report
E. Customer Satisfaction

IV. SSO Response Plan Maintenance

V. Appendices
Appendix A – Contacts
Appendix B – Equipment List
Contents
I. Purpose

This Response Action Plan has been prepared in accordance with 15A NCAC
02T .0403 Permitting by Regulation. The purpose of this Response Action
Plan is to ensure proper sanitary sewer overflow (SSO) reporting and
minimize the adverse effects that may be caused by a Sanitary Sewer
Overflow.

This plan was revised in: October 2023

This plan will be reviewed and/or updated annually to incorporate any
changes in contact information, system components; and/or personnel.

II. Objectives

The objectives of this plan are:

➢ To protect the public health and the environment.

➢ To meet regulatory and deemed permitted requirements.

➢ To develop and implement procedures to mitigate the effects of an
SSO.

➢ To protect the collection system.

➢ To ensure the longevity of the collection system.

➢ To protect both public and private property .

➢ To minimize regulatory enforcement and/or penalties, resulting from
an SSO.

➢ To provide appropriate customer service.
III. Procedures

A. Receipt of Information Regarding a Sanitary Sewer Overflow
Sanitary Sewer Overflow’s may be recognized and reported by system
personnel or by others. The System is responsible for acting, in a timely
manner, on all reports of a possible SSO. Reports may be received via
telephone, email, or by other means.
1. Typically reports received from the public will be received at Town Hall.
Personnel collecting information regarding a possible SSO, please obtain the
following:
a. Time and date call was received
b. Specific location
c. Description of problem
d. Time possible overflow was noticed
e. Reporter’s name and phone number
f. Observations of the reporter
g. Relevant information that will enable system personnel to quickly
locate, assess and stop the overflow
2. Appropriate system personnel will be notified when a possible spill is
reported. All reports of an SSO must be investigated by staff within two
hours. System personnel must confirm the spill before it will be considered
an SSO. Only after confirmation by system personnel will a spill be
considered an SSO.
3. As soon as possible, but no later than 24 hours of the confirmation of a
reportable Sanitary Sewer Overflow, the NC DWR Fayetteville Regional
Office will be notified according to the rules of NC Division of Water
Resources. The rule is:

Sanitary Sewer Overflow (SSO) Reporting Requirements to the Division
of Water Resources
The Permittee shall verbally report to a Division of Water Resources staff
member at the appropriate Regional Office, as soon as possible, but in no
case more than 24 hours following first knowledge of the occurrence of
either of the following:

• Any SSO and/or spill over 1,000 gallons to the ground; or
• Any SSO and/or spill, regardless of volume, that reaches surface
water
Voice mail messages or faxed information shall not be considered as the
initial verbal report. SSOs (and other types of spills) occurring outside
normal business hours may also be reported to the Division of Emergency
Management at [phone] or [phone].
4. Spills that are fully contained and removed quickly and are less than one
thousand gallons that do not reach surface waters are not required to be
reported to NC DWR. However, a full spill report form will be filled out and
kept on file.

B. Dispatch of Sewer Maintenance Personnel to Site of Sewer Overflow

Confirmation of a Sanitary Sewer Overflow will activate an immediate
response to isolate and correct the problem. Personnel and equipment shall be
available to respond to all SSO locations.

1. Dispatching Personnel Instructions

➢ When an SSO report is received by the system, staff and equipment
shall be dispatched to isolate and correct the problem in a timely
manner.
➢ Staff will be dispatched by telephone.
➢ Dispatching personnel must verify that all notified staff have received
the message.

2. Maintenance Personnel Instructions

➢ All dispatched staff should proceed immediately to the site of the SSO.
Any delays and/or conflicts should be promptly reported to the
dispatcher.
➢ Upon arrival at the site of the SSO, staff will report all findings to the
appropriate person. These findings should include damage to both
public and private property.

3. Supervisor Instructions
➢ The system will contact and dispatch additional personnel (including
contractors), supplies, and equipment as needed or requested by
dispatched staff.
➢ Staff will update the Town Manager on a continuing basis if the SSO
and/or repairs are not easily abated and fixed.

4. Initial Damage Assessment

➢ All dispatched staff must use discretionary action when responding to
an SSO. Dispatched personnel must be aware that the System may be
responsible and/or liable for further damage to private property.
➢ Dispatched personnel should not enter private property without
authorization.
➢ To thoroughly document the affected area, the dispatched staff will take
appropriate photos and/or video. Any photos and/or video will be
retained and filed with the SSO report.

5. Supervision and Inspection

➢ The Operator in Responsible Charge (ORC), or designee, will ensure
that the guidelines outlined in this SSO Response Plan are properly
implemented.
➢ The Operator in Responsible Charge, or designee, is responsible for
properly notifying NC DWR Washington Regional Office within the
amount of time specified within the reporting requirement.
➢ The ORC or staff will coordinate with the Mayor for the availability of
funds.

C. SSO Correction, Containment, and Clean-up

The objectives of the actions taken by system personnel are:
➢ To protect public health, the environment, and property from an SSO.
➢ To restore the surrounding area/property back to normal as quickly as
possible.
➢ To establish an appropriate perimeter to contain the SSO, using
equipment (traffic cones, barricades), existing infrastructure (fencing,
etc.), and/or natural boundaries (berm, ditch, stream, etc.).
➢ To notify the appropriate regulatory agencies within regulatory
timeframe.
➢ To protect surface water from contamination.
➢ To minimize regulatory enforcement resulting from an SSO.

1. Upon arrival at an SSO, the dispatched system staff will perform the
following:

➢ Determine the cause of the SSO (collection line blockage, lift station
malfunction, line break, etc.).
➢ Identify or request additional personnel and equipment to minimize the
effects of the SSO.
➢ Should it be determined the cause of the SSO is not the responsibility
of the system, dispatched personnel will:
➢ Take appropriate action to protect public health, property (public
and private), and surface water bodies from immediate danger.

2. Containment of a SSO will be of utmost priority and will include, but are not
limited to, the following measures:

➢ Determine the immediate destination of the SSO (storm drain, water
body, ditch, etc.).
➢ Identify and request the necessary personnel and equipment to contain
and minimize the effects of the SSO.
➢ Take the appropriate, immediate action to contain the SSO.

3. Additional measures may be necessary to contain a prolonged SSO. These
measures will be determined and implemented by the ORC or designee.

4. Clean-up of an SSO will be prompt and thorough. The necessary measures
will be taken to eliminate any identifiable evidence of the SSO.

➢ If possible, photos will be taken before and after cleaning up. Photos
will be filed with the SSO report.
➢ The affected area will be cleaned of sewage and debris. All materials
collected will be properly disposed of.
➢ The area will be secured to prevent public contact, until the affected
area has been thoroughly cleaned.
➢ The SSO site should be disinfected and deodorized, if appropriate.
➢ If SSO has affected a surface water body, the NC DWR Fayetteville
Regional Office will be contacted for specific instructions.

D. Overflow Reporting

A written report to the NC DWR Washington Regional Office is required
within five days. The Supervisor will complete the required reports and
submit them to the NC DWR Washington Regional Office. Additional
reporting requirements to the public may be required based upon volume
discharged. For accurate reporting purposes, system personnel should gather
the following information:

➢ Determine if the SSO has affected any surface water bodies.

➢ Estimate the start time of the of the SSO:
o Date/time reported and confirmed by system personnel.
o Visual observations.

➢ Estimate the stop time of the SSO:
o Date/time the blockage or equipment malfunction has been
corrected.
o Date/time system personnel arrived onsite, if SSO stopped
before system personnel arrived.

➢ Visual Observations
o Estimate the flow rate of the SSO.
o Estimate the volume of the SSO.
o Take photos for documentation.
o Assess damage to public and private property (System personnel
will not enter private property to assess damage, unles s
authorized by the Supervisor).

E. Customer Satisfaction

To ensure good public relations and customer satisfaction, the appropriate
system personnel will follow up with the reporting party. This follow -up will
include either a personal visit or telephone call. The ORC or designee will
determine the information to be disclosed to the reporting party.

IV. SORP Maintenance

This Sanitary Sewer Overflow Response Plan will be reviewed annually.
Amendments may include:
➢ Changes in procedure.
➢ Changes in contact personnel.
➢ Changes due to regulatory requirements.

V. Appendices

Appendix A – Contact Phone Numbers
Appendix B – Equipment List and Spare Parts Inventory
Appendix A

Division of Emergency Management
800-858-0368

Contact / Affiliation Phone Email
Spring Hope Town Hall W/S 252-478-5186 [e-mail]
Spring Hope After Hours W/S 252-969-1074
Bobby Ball - ORC 919-625-2572 [e-mail]
Andrew DeIonno 252-406-2364 [e-mail]
Ryan Hendrix – Crew Leader 919-497-6353 [e-mail]
Matt Pearce 919-437-4166 [e-mail]
Mary Terry 252-290-7457
Bradley Phillips 252-308-3440

Contacts

Appendix B

Public Works Bld.
Mini-Excavator
Kubota Tractor w/access.
Jet Trailer
Pipe Saw
Chain Saw
(3) Trash Pumps
Equipment Trailer
6 Ton Dump Trailer
Power Washer w/Jetter Kit

Equipment and
Materials List
Town of Spring Hope
Pump Station Contingency Plan
WQCS00206

The Town of Spring Hope operates and maintains seven duplex pump stations. In the case of pump
station failure, the following steps will be taken:

• Type of failure will be determined: Mechanical or Electrical
• Electrical Failure
➢ Country Inn and Montgomery pump stations have on-site generators if needed.
➢ US 64, Ryan Court, 581 North and Premier pump stations do not have generators.
➢ Electrical contractor will be called as needed.
• Mechanical Failure
➢ Pump will be inspected to check for blockages
➢ Control floats will be checked
➢ Belts will be checked on belt-driven pumps
• Pump Failure
➢ If pump cannot be made operational on-site:
▪ Submersible pumps will be sent to pump/motor repair shop
• If both pumps in the pump station fail or if the remaining pump cannot maintain the water level:
➢ Charles Underwood and Associate would be called for bypass pumps and repair.

North Carolina Department of Environmental Quality
Division of Water Resources
Spring Hope, NC 27882
PO Box 87
Spring Hope Collection System
Collection system management and operation
WQCS00206
Permit Type:
Facility Name:
Facility Address1:
Facility Address2:
City, State & Zip:
Permit Number:
*** Legally Responsible for Permit ***
Spring Hope, NC 27882-0087
Owner Information Details:
Organization
Town of Spring Hope
Government - Municipal
[e-mail]
252-478-5186 Ext. 225
PO Box 87
Andrew Deionno
(Responsible corporate officer/principle executive officer or ranking elected official/general partner or proprietor;
or any other person with delegated signatory authority from the legally responsible person.)
MUST submit a Change of Name/Ownership form to DWR to make any changes to this Owner information.
(Click Here for "Change of Name/Ownership Form)
Fax:
Title:
Owner Type Group:
Owner Name:
Owner Type:
Owner Affiliation:
Address1:
Address2:
Work Phone:
Email Address:
City, State & Zip:
EmailFaxAddressPhoneContact Name Title
Owner Contact Person(s)
If any information related to specified contact persons is incorrect or no longer valid, please contact the regional office with jurisdiction
for your facility. Changes must be requested by an individual with signature authority in accordance with 15A NCAC 02T.0106.
Information and area of coverage for regional offices can be obtained at https://deq.nc.gov/contact/regional-offices.
EmailFaxPhoneAddressTitleContact Name
Facility Contact Person(s)
EmailFaxPhoneAddressTitleContact Name
Permit Contact Person(s)
EmailFaxPhoneAddressTitleContact Name
Permit Billing Contact Person(s)
kpritchard@springhope.n
et
252-478-5186PO Box 87, Spring Hope, NC 27882MayorWilliam Kyle
Pritchard
EmailFaxPhoneAddressTitleContact NameType
Persons with Signatory Authority
252-478-51861346 Tant Rd, Spring Hope, NC
27882
PermitPermit Matthew ``
Pearce
828-428-0776PermitPermitBobby Ball
Page 110/17/2023
Spring Hope, NC 27882
PO Box 87
Spring Hope Collection System
Collection system management and operation
WQCS00206
Permit Type:
Facility Name:
Facility Address1:
Facility Address2:
City, State & Zip:
Permit Number:
Designated Operators
If the designated operators listed below are incorrect or no longer associated with the collection system, the information can be updated by submitting a completed
"Operator Designation Form" (Click Here for ORC Designation Form). Please provide specific details as to the changes requested, including the addition/removal of
designated operators. For all other operator questions or issues, please call 919-807-6353.
CS1Facility Classification:
Operator Name Role Cert Type Cert Status Cert #Effective Date
Bobby Travis Ball ActiveCS-4 985228ORC 9/1/2023
Matthew `` Pearce ActiveCS-1 1013373Backup 9/1/2023
Page 210/17/2023
PART II - CODE OF ORDINANCES
Chapter 22 UTILITIES

Spring Hope, North Carolina, Code of Ordinances Created: 2022-03-28 15:39:09 [EST]
(Supp. No. 4)

Page 1 of 53
Chapter 22 UTILITIES1
ARTICLE I. IN GENERAL
Secs. 22-1—22-18. Reserved.
ARTICLE II. WATER AND SEWER SYSTEM
Sec. 22-19. Board of commissioners to regulate.
The sewer and water system of the town shall be under the control of the board of commissioners, and
the duty prescribing and enforcing full compliance with all the rules and regulations governing all connect ions
with the public sewer and water system shall be vested in the town manager or his authorized agent.
(Prior Code, ch. V, § 1)
Sec. 22-20. Permit for connection required.
No person, firm or corporation shall connect with the water system of the town until they shall have made
application in writing to the water and sewer clerk. This application shall be made before any part of the
draining system of the building or other co nnection shall have been laid or constructed. Said application shall
be accompanied with a plan or drawing showing the location of the building and the entire proposed
connection from the public sewer line through the building to its end, showing the location of all fixtures, traps,
ventilating pipes, etc., and shall state the name of the street and name of the person, firm or corporation.
(Prior Code, ch. V, § 2)
Sec. 22-21. Separate connections required.
Each individual business or residential building or structure shall install a separate water and sewer
connection unless waived by the town manager.
(Prior Code, ch. V, § 3)
Sec. 22-22. Sewer required.
(a) All owners of improved property which is or may be located upon or within a reasonab le distance of the
sewer system of the town, where the sewer system is in operation, shall connect with such sewer system
all water closets, bathtubs, lavatories, sinks, drains, shower baths and other connections upon their
respected properties or premises so that the contents may be made to empty into such sewer or sewer
system.

1State law reference(s)—Solid waste, G.S. 130A-290 et seq.; state drinking water act, G.S. 130A-290 et seq.;
wastewater systems, G.S. 130A-333 et seq.

Created: 2022-03-28 15:39:06 [EST]
(Supp. No. 4)

Page 2 of 53
(b) No outdoor privies may be constructed in the town.
(Prior Code, ch. V, § 4)
Sec. 22-23. Use of town water.
(a) Consumer not allowed to supply or sell water. No consumer will be allowed to supply or sell water, to
other persons, families, or corporations, nor shall any person take or carry water away from any hydrant,
watering trough, or public fountain.
(b) Unauthorized use of fire hydrants. The fire hydrants are for the use of the fire department for fighting
fires, and are not to be used by any unauthorized person for any purpose, without permission from the
town manager.
(c) Extra taps. Any person willing to pay the tap fee and/or any additional expense incurred by the town may
have a water meter installed by the town in order to use the water outside any building to wate r gardens,
lawns, or to wash vehicles or the like without having to connect with such sewerage systems as required
by this section, and without paying the sewer charge for the water so used. This water line cannot be
connected or used inside any building. Anyone violating this section shall be guilty of a general
misdemeanor as provided by statute and be subjected to the removal of the water meter and line.
(Prior Code, ch. V, § 5)
State law reference(s)—State rules regarding drinking water, G.S. 130A-315.
Sec. 22-24. Water and sewer rates.
Water and sewer rates and connection charges shall generally be determined in July of each year with the
beginning of each new fiscal year budget. The rates shall be kept on file in the office of the town clerk.
(Prior Code, ch. V, § 6)
Sec. 22-25. Tampering with or obstructing water and sewer lines prohibited.
No person shall tamper, or in any manner manipulate or turn the cut -off on the water mains forming a
part of the water system of the town, nor shall any person tamper with or harm in any manner whatsoever any
water or sewer line or main. No person shall throw or deposit any material or substance in any water or sewer
line that will in any manner obstruct such line.
(Prior Code, ch. V, § 7)
Sec. 22-26. Private water supply regulated.
It shall be unlawful for any person, firm or corporation to furnish, supply, or provide any water from a
private well or pumps in or to any dwelling house, boardinghouse, inn, hotel, cafe, or other commercial
establishment, or any rooms of the same. No private well can be hooked to town water lines in any manner.
(Prior Code, ch. V, § 8)
Sec. 22-27. Public works director.
The town manager may select a competent person to supervise under his general control the entire water
and sewer system of the town. The board of commissioners may from time to time prescribe the duties and

Created: 2022-03-28 15:39:07 [EST]
(Supp. No. 4)

Page 3 of 53
responsibilities of the public works director. The public works director, or his assistant, shall, at all reasonable
hours, have free access to all premises for the purpose of examining hydrants, fixtures, or connections on which
town water pressure is maintained.
(Prior Code, ch. V, § 9)
Sec. 22-28. Maintenance of water and sewer system.
All work on the water and sewer system and all connections or disconnections thereto shall be performed
by the authorized employees of the town or their representatives, or plumbers approved by the town. All work
shall be performed in accordance with regulations which the board of commissioners or town manager may
from time to time prescribe.
(Prior Code, ch. V, § 10)
Sec. 22-29. Application for water and sanitary sewer mains within the corporate limits.
(a) From and after the effective date of the ordinance from which this article is derived, any property owner
or developer desiring to have water or sanitary sewer services extended to and along any public street or
other public way where no water or sanitary sewer main exists, such property owner or developer shall
apply in writing to the public works director or other persons designated by the board of commissioners
requesting such water and/or sewer services.
(b) When application is made for water and sewer extensions to serve an area or development project that
is planned as a part of a larger project all of which is not to be developed at the time application is made,
the owner or developer shall submit plans in sufficient detail to the public works director or other person
designated by the board of commissioners in order that adequate size facilities can be d etermined and
plans for the orderly extension of services can be made.
(Prior Code, ch. V, § 11)
Sec. 22-30. Extension of water and sanitary sewer mains within corporate limits.
(a) The extension of either water or sanitary sewer service to properties not previously served and for which
application is required by section 22-20 shall be made only in accordance with the requirements of this
article.
(b) The minimum distance for any extension of a water main or sewer main shall be determined by the town
manager or public works director. In general, the minimum distance for extensions shall be one platted
block, or in case of water mains from main line valve to valve and in the case of sanitary sewer extensions
from manhole to manhole.
(c) The size of water mains and sanitary sewer mains to be installed and the other required system facilities
shall be determined by the public works director or other person designated by the town manager. No
application shall be approved and no connection to the town systems shall be authorized unless the size
of facilities and other requirements of the town are complied with.
(Prior Code, ch. V, § 12)
Sec. 22-31. Financing water and sanitary sewer main extensions within corporate limits.
(a) When an application for water or sewer extension or both is received, the public works director or town
manager shall estimate the cost of the project and present the application to the board of commissioners.

Created: 2022-03-28 15:39:07 [EST]
(Supp. No. 4)

Page 4 of 53
If the application is approved by the board of commissioners and subject to the availability of funds, the
town will install or have installed by contract under its supervision the facilities and extensions which
have been approved.
(b) When a water or sanitary sewer extension project has been completed and the total cost is determined,
100 percent of the total cost of such water or sanitary sewer extension or both shall be assessed against
the property owners whose property abuts upon such extension at an equal rate per front foot in
accordance with and under the authority granted to the town by G.S. 160A-216 through G.S. 160A-238.
The town shall bear the costs of such extensions incurred at street intersections.
(c) Any property owner shall have the opportunity to pay his proportionate share of the cost of such
extensions after the assessment is confirmed rather than paying his share in equal annual installments
with interest as required by the statute.
(d) When the town determines that it is advisable to install larger size facilities than are necessary to serve
the property requesting such extension, the difference in the cost of the larger size facilities over and
above the cost of the facilities required to serve the property requesting such extension shall be paid for
by the individual or developer, unless waived by the town manager.
(e) Pumping stations and other facilities installed for general public use shall be paid for by the individual or
developer, unless waived by the town manager.
(f) Any new lines laid within the town are to have a minimum diameter of eight inches, whether laid by the
town, an individual, or a developer.
(g) Nothing in this article shall prevent the board of commissioners from extending water and/or sanitary
sewer mains of their own motion when no application has been received for such extension and to assess
the cost of such extensions in accordance with this article when, in the opinion of the board of
commissioners, the general public interest demands such extensions of service.
(Prior Code, ch. V, § 13)
Sec. 22-32. Extensions of water and sanitary sewer mains outside corporate limits.
(a) All applications for water and sewer extensions outside the corporate limits shall be made in the same
manner as required for extensions inside the corporate limits in accordance with section 22-20.
(b) If an application is approved by the town, the town will not participate to any extent in the cost of such
extensions and the owner, owners, or developer shall be required to pay for the entire cost of all
extensions. The town may participate to the extent agreed upon by the board of commissioners in the
cost of facilities required to serve the project. No reimbursement shall be made upon annexation and all
water and sewer mains located outside the corporate limits shall become the property of the town at the
time such facilities are connected to the town system as provided for in section 22 -33.
(c) In the event the property for which application has been made for water and sewer service is contiguous
to the corporate limits and the owner or owners of such property agree to annexation and in the event
such property is annexed to the town, extensions may be made to such property and the cost thereof
shared in accordance with the requirements of section 22-31.
(Prior Code, ch. V, § 14)
Sec. 22-33. Specifications; ownership.
Any water mains or sanitary sewer mains extended under the provisions of this article shall be installed
and constructed in accordance with the approved plans, specifications and requirements of the town. All
facilities installed under the provisions of this article whether within or outside the corporate limits shall

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become the sole property of the town and under its jurisdiction and control for any and all purposes
whatsoever at the time such facilities are connected to the town systems. In addition, a deed to the town for
water and sewer facilities which are located outside the corporate limits the cost of which is borne by individual
property owners, shall be executed prior to the time any extensions provided for in this article are connected
to the town system.
(Prior Code, ch. V, § 15)
Sec. 22-34. Conflicting ordinances repealed.
All ordinances or parts of ordinances in conflict with the provisions of this article are hereby repealed to
the extent of said conflict, provided that this article shall not apply to water and sewer main extensions already
contracted and in progress on the effective date of the ordinance from which this article is derived.
(Prior Code, ch. V, § 16)
Sec. 22-35. Multiple-family dwellings.
All multiple-family residences are required to have a separate water meter for each dwelling or the
landowner will be responsible for a multiple-rate bill.
(Prior Code, ch. V, § 17)
Sec. 22-36. Complaints about water meters.
(a) If a landowner makes a complaint about a water meter, a public works employee will go to the residence
to pull out the meter. The landowner will be given two choices about how to handle the situation:
(1) The landowner may choose to have the meter sent off to a private company to have the meter
checked. If the meter comes back and is determined to be faulty, the town will replace the meter at
not charge to the landowner, and the landowner will be given an a djustment on the next bill for the
faulty reading of the previous meter. If the meter comes back and has been proven to be working
properly, the landowner will be charged for the cost of having the meter checked.
(2) The landowner's other choice upon complaining about a meter is to forego having it checked and to
purchase a new meter.
(b) The town advises that it is generally cheaper to go ahead and replace the meter rather than risk testing a
properly working meter.
(c) All complaints must be made in writing and submitted to the water and sewer clerk.
(Prior Code, ch. V, § 18)
Sec. 22-37. Adjustments.
At certain times it becomes necessary to adjust a customer's water/sewer bill. If a leak is detected at the
customer's home or business, in order to receive an adjustment, the leak must be fixed and a receipt must be
presented to the water and sewer clerk. Only one adjustment will be granted per 12-month period.
(Prior Code, ch. V, § 19)
Secs. 22-38—22-62. Reserved.
PART II - CODE OF ORDINANCES
Chapter 22 - UTILITIES
ARTICLE III. CROSS CONNECTION CONTROL

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ARTICLE III. CROSS CONNECTION CONTROL
Sec. 22-63. Introduction.
(a) The purpose of this article is to define the authority of the town or i ts contractors as the water purveyor
in the elimination of all cross connections within its public potable water supply.
(b) This article shall apply to all users connected to the town's public potable water supply regardless of
whether the user is located within the city limits or outside of the city limits.
(c) This article will comply with the federal, state and local laws and regulations as they pertain to cross
connections within the public water supply.
(Ord. of 8-13-2007(01), § 1)
Sec. 22-64. Definitions.
(a) This article is gender neutral and the masculine gender shall include the feminine and vice versa. The
term "shall" is mandatory; the term "may" is permissive and discretionary. The u se of the singular shall
be construed to include the plural, and the plural shall include the singular as indicated by the context of
its use.
(b) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this subsection, except where the context clearly indicates a different meaning:
Air gap separation means physical separation between the free flowing discharge end of a potable water
supply pipeline and an open or non-pressure receiving vessel. An "approved air gap separation" shall be at least
double the diameter of the supply pipe measured vertically above the overflow rim of the receiving vessel in
no case less than one inch (2.54 cm).
Approved, as herein used in reference to a water supply, means a water supply that has been approved
by the North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) (division of
health services). The term "approved," as used in this article in reference to air -gap separation, a pressure
vacuum breaker, a double check valve assembly, a double check detector assembly, a reduced pressure
principle backflow prevention assembly, a reduced pressure principle detector assembly or other backflow
prevention assemblies or methods, means an approval by the town or it contactors.
Back pressure backflow means any elevation in the consumer water system (by pump, elevation of piping,
or steam and/or air pressure) above the supply pressure at the point of delivery, which would cause or tend to
cause a reversal of the normal direction of flow.
Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases
or other substances into the distribution pipes of the consumer or public potable water system from any source
or sources.
Backflow prevention assembly, approved, means an assembly used for containment and/or isolation
purposes that has been investigated and approved by the town or its contractors and has been shown to meet
the design and performance standards of the Ame rican Society of Sanitary Engineers (ASSE), the American
Water Works Association (AWWA), or the Foundation for Cross Connection Control and Hydraulic Research of
the University of Southern California. The approval of backflow prevention assemblies by the t own or its
contactors is based on a favorable report by the Foundation for Cross Connection Control and Hydraulic

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Research of the University of Southern California, recommending such and approval. (To be approved, an
assembly must be readily accessible for in-line testing and maintenance.)
Backflow prevention assembly tester, certified, means a person who has proven his competency to the
satisfaction of the town or its contractors. Each person who is certified to make competent tests, or to repair,
overhaul, and make reports on backflow prevention assemblies shall be knowledgeable of applicable laws,
rules, and regulations, shall be a licensed plumber or have at least two years' experience under and be
employed by a state licensed plumber or plumbing contra ctor, or have equivalent qualifications acceptable to
the town or its contactors, and must hold a certificate of completion from an approved training program in the
testing and repair of backflow prevention assemblies.
Backflow prevention assembly type means an assembly used to prevent backflow into a consumer or
public potable water system. The type of assembly used should be based on the degree of hazard either existing
or potential (as defined herein). The types are:
(1) Double check valve assembly (DCVA);
(2) Double check detector assembly (fire system) (DCDA);
(3) Pressure vacuum breaker (PVB);
(4) Reduced pressure principle assembly (RP); and
(5) Reduced pressure principle-detect assembly (fire system) (RPDA).
Backflow prevention assembly, unapproved, means an assembly that has been investigated by the town
or its contractor's and has been determined to be unacceptable for installation within the town's water system.
Consideration for disapproval and removal from the approved list shall be based upon, buy not limited to, the
following criteria:
(1) Poor performance standards (i.e., significant failure rate);
(2) Lack of or unavailability of repair parts; and/or
(3) Poor service or response from assembly's factory representative.
Backflow prevention device, approved, means a device used for isolation purposes that has been shown
to meet the design and performance standards of the American Society of Sanitary Engineers (ASSE) and the
American Water Works Association (AWWA).
Back-siphonage backflow means a reversal of the normal direction of flow in the pipeline due to a negative
pressure (vacuum) being created in the supply line with the backflow source subject to atmospheric pressure.
Check valve, approved, means a check valve that is driptight in the normal direction of flow when the inlet
pressure is at least one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction
reversed to the normal flow. The closure element (e.g., clapper, poppet or other design) shall be internally
loaded to promote rapid and positive closure. An approved check valve is only one component of an approved
backflow prevention assembly, i.e., pressure vacuum breaker, double check valve assembly, double check
detector assembly, reduced pressure principle assembly or reduced pressure detector assembly.
Consumer means any person, firm or corporation using or receiving water from the town's water system.
Consumer's potable water system means that portion of the privately owned potable water system lying
between the point of delivery and point of use and/or isolation protection. This system will include all pipes,
conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, store or use
potable water.
Consumer's water system includes any water system commencing at the point of delivery and continuing
throughout the consumer's plumbing system, located on the consumer's premises, whether supplied by public
potable water or an auxiliary water supply. The system may be either a potable water system or an industrial
piping system.

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Containment means preventing the impairment of the public potable water supply by installing an
approved backflow prevention assembly at the service connection.
Contamination means an impairment of the quality of the water, which creates a potential or actual
hazard to the public health, through the introduction of hazardous or toxic substances or through the spread
of disease by sewage, industrial fluids or waste.
Cross connection means any unprotected actual or potential connection or structural arrangement
between a public or a consumer's water system and any other source or system through which it is possible to
introduce any contamination or pollution, other than the intended potable water with which the s ystem is
supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and
other temporary or permanent devices through which or because of which backflow can or may occur are
considered to be cross connections.
Double check detector assembly shall mean a specially designed assembly composed of a line -size
approved double check valve assembly with a specific bypass water meter and a meter-sized approved double
check valve assembly. The meter shall registration for all rates of flow. This assembly shall only be used to
protect against a non-health hazard (i.e., pollutant).
Double check valve assembly means an assembly composed of two independently acting, approved check
valves, including tightly closing shut-off valves, attached at each end of the assembly and fitted with properly
located test clocks. This assembly shall only be used to protect against a nonhealth hazard (i.e., pollutant).
Hazard, degree of, is derived from the evaluation of conditions within a system which ca be classified as
either a pollutional (non-health) or a contamination (health) hazard.
Hazard, health, means an actual or potential threat to the contamination of a physical, hazardous or toxic
nature to the public or consumer's potable water sys tem to such a degree or intensity that there would be a
danger to health.
Hazard, non-health, means an actual or potential threat to the quality of the public or the consumer's
potable water system. A non-health hazard is one that, if introduced into the public water supply system, could
be a nuisance to water customers, but would not adversely affect human health.
Hazard, pollutional, means an actual or potential threat to the quality or the potability of the public or the
consumer's potable water system but which would not constitute a health or a system hazard, as defined. The
maximum degree or intensity of pollution to which the potable water system could be degraded under this
definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system
or its appurtenances.
Health agency means the North Carolina Department of Environment, Health and Natural Resources
(division of health services) (NCDEHNR).
Industrial fluids means any fluid or solution which may be chemically, biologically or otherwise
contaminated or polluted in a form or concentration such as would constitute a health or non -health hazard if
introduced into a public or consumer potable water system. Such fluids may include, but are not limited to
process waters, chemicals in fluid form, acids and alkalis, oils, gases, etc.
Industrial piping system, consumer's, means any system used by the consumer for transmission of or to
confine or store any fluid, solid or gaseous substance other than an approved water supply. Such a system
would include all pipes, conduits, tanks, receptacles, fixtures equipment and appurtenances used to produce,
convey or store substances that are or may be polluted or contaminated.
Isolation means the act of confining a localized hazard within a consumer's water system by installing
approved backflow prevention assemblies. (Disclaimer—The town or it contractors may make
recommendations, upon facility inspection, as to the usages of isolation devices/assemblies, but does not
assume or have responsibility whatsoever for such installations.)

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Point of delivery generally means at the property line of the customer, adjacent to the public street where
the town's mains are located, or at a point on the customer's property where the mete r is located. The customer
shall be responsible for all water piping and control devices located on the customer's side of the point of
delivery.
Pollution means an impairment of the quality of the water to a degree which does not create an actual
hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such
waters for domestic use.
Potable water means water from any source which has been investigated by the state department of
environment, health and natural resources (division of health services) and which has been approved for
human consumption.
Public potable water system means any publicly or privately owned water system operated as a public
utility, under a current state department of environment, health, and natural resources permit, to supply water
for public consumption or use. This system will include all sources, facilities, and appurtenances between the
source and the point of delivery such as valves, pumps, pipes, conduits, tanks, receptacles, fix tures, equipment
and appurtenances used to produce, convey treat or store potable water for public consumption or use.
Reduced pressure principle backflow prevention assembly means an assembly containing within its
structure a minimum of two independently acting, approved check valves, together with a hydraulically
operating, mechanically independent, pressure differential relief valve located between the check valves and
at the same time below the first check valve. The first check valve reduces the supply pressure a predetermined
amount so that during normal flow and at cessation of normal flow, the pressure between the checks shall be
less than the supply pressure. In case of leakage of either check valve, the pressure differential relief valve, by
discharge to the atmosphere, shall operate to maintain the pressure between the checks less than the supply
pressure. The unit includes tightly closing shut-off valves located at each end of the assembly and each assembly
shall be fitted with properly located test cocks. The assembly is designed to protect against a health hazard (i.e.,
contaminant).
Reduced pressure principle-detector assembly means a specially designed assembly composed of a line-
size approved reduced pressure principle backflow prevention assembly with a specific bypass water meter
and a meter-sized approved reduced pressure principle backflow prevention assembly. The meter shall
register (in U.S. gallons) accurately for only very low rates of flow and shall show a registration for all rates of
flow. This assembly shall be used to protect against a health hazard (i.e., contaminant).
Service connections means the terminal end of a service connection from the public potable water system,
i.e., where the town loses jurisdiction and sanitary control over the water at its point of delivery to the
consumer's water system.
Vacuum breaker, atmospheric type, means the terminal end of a service connection from the public
potable water system, i.e., where the town or its contractors loses jurisdiction and sanitary control over the
water at its point of delivery to the consumer's water system.
Vacuum breaker, pressure type, means an assembly containing an independently opera ting internally
loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the
check valve. The assembly is to be equipped with properly located test cocks and tightly closing shut-off valves
attached at each end of the assembly. This assembly is designed to protect against a health hazard (i.e.,
contaminant) under a back-siphonage condition only.
Water purveyor means the owner of operator of a public potable water system, providing an approved
water supply to the public.
Water supply, approved, means any public potable water supply that has been investigated and approved
by the state department of environment, health and natural resources. The system must be operating under a
valid health permit. In determining what constitutes an approved water supply, the North Carolina Division of
Health Services has reserved the final judgment as to its safety and potability.

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Water supply, auxiliary, means any water supply on or available to the premises other that the purveyor's
approved public potable water supply. These auxiliary water may include water from another purveyor's
public water supply. These auxiliary water may include water from another purveyor's public water supply or
any natural source such as well, spring, river, stream, etc., used water, or industrial fluids. These waters may
be polluted, contaminated, or objectionable and constitute an unacceptable water source over which the water
purveyor does not have sanitary control.
Water supply, unapproved, means a water supply which has not been approved for human consumption
by the state department of environment, health and natural resources.
Water, used, means any water supplied by a water purveyor from a public water system to a consumer's
water system after it has passed through the point of delivery and is no longer under the control of the water
purveyor.
(Ord. of 8-13-2007(01), § 4)
Sec. 22-65. Objectives.
The specific objectives of this article are as follows:
(1) To protect the public potable water supply of the town against actual or potential contamination by
isolating, within the consumer's water system, contaminants or pollutants which could, under
adverse conditions, backflow through uncontrolled cross connections into the public water system.
(2) To eliminate or control existing cross connections, actual or potential, between the consumer's
potable water system and nonpotable or industrial piping system.
(3) To provide a continuing inspection program of cross connection control which will systematically
and effectively control all actual or potential cross connections that may be installed in th e future.
(Ord. of 8-13-2007(01), § 2)
Sec. 22-66. Responsibilities.
(a) Health agency. The state department of environment, health and natural resources (division of health
services) has the responsibility for promulgating and enforcing laws, rules, regulations and policies to be
followed in carrying out an effective cross connection control program. The state division of health
services also has the primary responsibility of ensuring that the water purveyor operates the public
potable water system free of actual or potential sanitary hazard, including unprotected cross connections.
They have the further responsibility of ensuring that the water purveyor provides an approved water
supply at the service connection to the consumer's water system and, further, that he requires the
installation, testing and maintenance of an approved backflow pre vention assembly on the service
connection when required.
(b) Water purveyor. Except as otherwise provided herein, the water purveyor's responsibility to ensure a
safe water supply begins at the source and includes all of the public water distribution sys tem, including
the service connection, and ends at the point of delivery to the consumer's water system. In addition, the
water purveyor shall exercise reasonable vigilance to ensure that the consumer has taken the proper
steps to protect the public potable water system. To ensure that the proper precautions are taken, the
town or its contractors is required:
(1) To determine the degree of hazard or potential hazard to the public potable water system;
(2) To determine the degree of protection required; and
(3) To ensure proper containment protection through an on-going inspection program.

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(c) Backflow prevention. When it is determined that a backflow prevention assembly is required for the
protection of the public system, the town or its contractors shall require the consumer, at the consumer's
expense, to install an approved backflow prevention assembly at each service connection, to test
immediately upon installation and thereafter at a frequency as determined by the town or its contractors,
to properly repair and maintain such assembly or assemblies and to keep adequate records of each test
and subsequent maintenance and repair, including materials and/or replacement parts.
(d) Plumbing inspections.
(1) The plumbing inspection department of the county has the responsibility to not only review
building plans and inspect plumbing as it is installed; but, the explicit responsibility of preventing
cross connections from being built into the plumbing system within its jurisdiction. Where the
review of building plans suggests or detects the potential for cross connections being made an
integral part of the plumbing system, the plumbing inspector has the responsibility, under the state
building code, for requiring that such cross connections be either eliminate d or provided with
backflow prevention equipment approved by the state building code.
(2) The plumbing inspector's responsibility begins at the point of delivery (downstream of the first
installed backflow prevention assembly) and continues throughout the entire length of the
consumer's water system. The plan inspector should inquire about the intended use of water at any
point where it is suspected that a cross connection might be made or where one is actually called
for by the plans. When such is discovered it shall be mandatory that a suitable, approved backflow
prevention assembly approved by the state building code be required by the plans and be properly
installed. The primary protection assembly for containment purposes only shall have approval from
the town or it contractors, the state building code and the state department of environment, health
and natural resources.
(e) Consumer. The consumer has the primary responsibility of preventing pollutants and contaminants from
entering his potable water system or the public potable water system. The consumer's responsibility
starts at the point of delivery from the public potable water system and includes all of his water system.
The consumer, at his own expense, shall install, operate, test and maintain approved backflow prevention
assemblies as directed by the town or it contractors. The consumer shall maintain accurate records of
tests and repairs made to backflow prevention assemblies and shall maintain such records for minimum
period of three years. The records shall be on forms approved by the town or its contractor and shall
include the list of materials or replacement parts used. Following any repair, overhaul, repiping or
relocation of an assembly, the consumer shall have it tested to ensure that it is in good operating condition
and will prevent backflow. A certified backflow prevention assembly tester shall make tests, maintenance
and repairs of backflow prevention assemblies.
(f) Certified backflow prevention assembly tester. When employed by the consumer to test, repair, overhaul
or maintain backflow prevention assemblies, a backflow prevention assembly tester will have the
following responsibilities:
(1) The tester will be responsible for making competent inspections and for repairing or overh auling
backflow prevention assemblies and making reports of such repair to the consumer and responsible
authorities on forms approved by the town or its contractors. The tester shall include the list of
materials or replacement parts used. The tester shall be equipped with and be competent to use all
the necessary tools, gauges, manometers and other equipment necessary to properly test, repair
and maintain backflow prevention assemblies. It will be the tester's responsibility to ensure that
original manufactured parts are used in the repair of or replacement of parts in a backflow
prevention assembly. It will be the tester's further responsibility not to change the design, material
or operational characteristics of an assembly during repair or maintenance wi thout prior approval
of the town or its contractors. A certified tester shall perform the work and be responsible for the
competency and accuracy of all tests and reports. A certified tester shall provide a copy of all test
and repair reports to the consumer and to the town or its contractors within ten business days of

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any completed test or repair work. A certified tester shall maintain such records for a minimum
period of three years.
(2) All certified backflow prevention assembly testers must obtain and employ backflow prevention
assembly test equipment that has been evaluated and/or approved by the town or its contractors.
All test equipment shall be checked for accuracy annually (at a minimum), calibrated, if necessary,
and certified to town or its contractors as to such accuracy/calibration, employing a calibration
method acceptable to town or it contractors.
(3) All certified backflow prevention assembly testers must become re -certified every two years
through an approved backflow prevention certification program.
(Ord. of 8-13-2007(01), § 3)
Sec. 22-67. Enforcement policy.
(a) Failure of a customer or certified tester to submit any record required by this article, or the submission
of falsified reports/records may result in a civil penalty of up to $1,000.00 per violation as prescribed by
current policy.
(b) Guidelines for civil penalty assessment. Failure to submit reports/records as required by this article:
(1) First offense: Reminder/warning by certified mail.
(2) Second offense: Civil penalty of $50.00.
(3) Additional offenses: Civil penalty of $50.00 times number of offenses, up to $1,000.00.
(c) Submission of falsified reports/records as required by this article:
(1) First offense (if backflow prevention devise protection is not interrupted): Civil penalty of $50.00.
(2) Any other offense: Civil penalty of $1,000.00.
(Ord. of 8-13-2007(01), intro.)
Sec. 22-68. Right of entry.
(a) Authorized representatives from the town or its contractors shall have the right to enter, upon
presentation of proper credentials and identification, any building, structure or premises during normal
business hours, or at any time during the event of an e mergency, to perform any duty imposed by this
article. Those duties may include sampling and testing of water or inspections and observations of all
piping systems connected to the public water supply. Where a user has security measures in force that
would require proper identification and clearance before entry into their premises, the user shall make
necessary arrangements with the security guards so that, upon presentation of suitable identification,
town or its contractors personnel will be permitted to enter, without delay, for the purposes of
performing their specific responsibilities. Refusal to allow entry for these purposes may result in
discontinuance of water service.
(b) On request, the consumer shall furnish to the town or its contractors, any pertinent information regarding
the water supply system on such property where cross connections and backflow are deemed possible.
(Ord. of 8-13-2007(01), § 5)

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Sec. 22-69. Elimination of cross connections; degree of hazard.
(a) When cross connections are found to exist, the owner, his agent, occupant or tenant will be notified in
writing to disconnect the same within the time limit established by the town or it contractors. Degree of
protection required and maximum time allowed for compliance will be based upon the potential degree
of hazard to the public water supply system. The maximum time limits are as follows:
(1) Cross connections with private wells or other auxiliary water supplies: immediate disconnection.
(2) All facilities that pose a health hazard to the potable water system must have a containment
assembly in the form of a reduced pressure principle backflow prevention assemb ly: within six
months.
(3) All industrial and commercial facilities not identified, as a health hazard shall be considered non -
health hazard facilities. All non-health hazard facilities must install, as a minimum containment
assembly, a double check valve assembly: within six months.
(4) If, in the judgment of town or its contractors, an imminent health hazard exists, water service to the
building or premises where a cross connection exits may be terminated unless an air gap is
immediately provided, or the cross connection is immediately eliminated.
(b) Based upon recommendation from the town or its contractors, the consumer is responsible for installing
sufficient internal isolation backflow prevention assemblies and/or methods (i.e., air gap, pressure
vacuum breakers, reduced pressure principle backflow prevention assembly, double check valve
assembly).
(c) Water mains served by the town but not maintained by the town or its contractors should be considered
cross connections, with degree of hazard to be determined by town or its contractors. Degree of
protection shall be based upon the degree of hazard as determined by town or its contractors. Degree of
protection shall be based upon the degree of hazard, as determined by town or its contractors.
(d) In the event that a town or its contractors does not have sufficient access to every portion of private water
system (i.e., classified research and development facilities; federal government property) to allow a
complete evaluation of the degree of hazard associated with such private water systems, an approved
reduced pressure principle assembly shall be required as a minimum of protection.
(e) No person shall fill special use tanks or tankers containing pesticides, fertilizers, other toxic chemicals or
their residues from the public water system except at a location equipped with an air gap or an approved
reduced pressure principle backflow prevention assembly properly installed on the public water supply.
(Ord. of 8-13-2007(01), § 6)
Sec. 22-70. Installation of assemblies.
(a) All backflow prevention assemblies shall be installed in accordance with the specifications furnished by
the town or its contractors and/or the manufacturer's installation instructions and/or in the latest edition
of the state building code, whichever is most restrictive.
(b) All new construction plans and specifications, when required by the North Carolina Buildi ng Code and
the North Carolina Division of Health Services (NCDEHNR), shall be made available to the town or its
contractors for review and approval, and to determine the degree of hazard.
(c) Ownership, testing and maintenance of the assembly shall be the responsibility of the customer.
(d) All double check valve assemblies must be installed in drainable pits wherever below ground installation
is necessary, in accordance with detailed specifications provided by the town or its contractors.

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(e) Reduced pressure principle assemblies must be installed in horizontal position and in a location in which
no portion of the assembly can become submerged in any substance under any circumstances (pit and/or
below grade installations are prohibited). Double check valve assemblies may be installed in a vertical
position with prior approval from the town or its contractors, provided the flow of water is in an upward
direction.
(f) The installation of a backflow prevention assembly that is not approved must be replaced with an
approved backflow prevention assembly.
(g) The installer is responsible to make sure a backflow prevention assembly is working properly upon
installation and is required to furnish the following information to the town or its contractors within 15
days after a reduced pressure principle backflow preventer (RP), double check -detector assembly
(DCDA), pressure vacuum breaker (PVB), double check-detector assembly (DCDA) or reduced pressure
principle detector assembly (RPDA) is installed:
(1) Service address where assembly is located.
(2) Owner (and address, if different from service address).
(3) Description of assembly's location.
(4) Date of installation.
(5) Installer (including name, plumbing company represented, plumber's license number and project
permit number).
(6) Type of assembly, size of assembly.
(7) Manufacturer, model number, serial number.
(8) Test results/reports.
(h) When it is not possible to interrupt water service, provisions shall be made for a parallel installation of
backflow prevention assemblies. The town or its contractors will not accept an unprotected bypass
around a backflow preventer when the assembly is i n need of testing, repair, or replacement.
(i) The consumer shall, upon notification, install the appropriate containment assembly not to exceed the
following time frame:
(1) Health hazard: Six months.
(2) Non-health hazard: Six months.
(j) Following installation, all RPs, DCVAs, PVBs, DCDAs and RPDAs are required to be tested by a certified
backflow prevention assembly tester within ten days.
(Ord. of 8-13-2007(01), § 7)
Sec. 22-71. Testing and repair of assemblies.
(a) Testing of backflow prevention assemblies shall be made by certified backflow prevention assembly
tester at the customer's expense. Such tests are to be conducted upon installation and annually thereafter
or at a frequency established by the town or it contractors. A record of all testing and repairs is to be
retained by the customer. Copies of the records must be provided to the town or its contractors within
ten business days after the completion of any testing and/or repair work.
(b) Any time that repairs to backflow prevention assemblies are deemed necessary, whether through annual
or required testing or routine inspection by the owner or by the town or its contrac tors, these repairs
must by completed within a specified time in accordance with the degree of hazard. In no case shall this
time period exceed:

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(1) Health hazard facilities: 14 days.
(2) Non-health hazard facilities: 21 days.
(c) All backflow prevention assemblies with test cocks are required to be tested annually or at a frequency
established by the town or its contractors. Testing requires a water shutdown usually lasting five to 20
minutes. For facilities that require an uninterrupted supply of water, and when it is not possible to
provide water service from two separate meters, provisions shall be made for a parallel installation of
backflow prevention assemblies.
(d) All certified backflow prevention assembly testers must obtain and employ backflow prevention
assembly test equipment, which has been evaluated and/or approved by the prevention assembly test
equipment, which has been evaluated and/or approved by the town or its contractors. All test equipment
shall be registered with the town or it contractors. All test equipment shall be checked for accuracy
annually (at a minimum), calibrated, if necessary, and certified to the town or its contractors as to such
accuracy/calibration, employing a calibration method acceptable to the town or its contrac tors. (See
section 22-65.)
(e) It shall be unlawful for any customer or certified tester to submit any record to the town or it contractors
that is false or incomplete in any material respect. It shall be unlawful for any customer or certified tester
to fail to submit to the town or its contractors any record that is required by this article. Such violations
may result in any of the enforcement actions outlined in section 22-75.
(Ord. of 8-13-2007(01), § 8)
Sec. 22-72. Facilities requiring protection.
(a) Approved backflow prevention assemblies shall be installed on the service line to any premises that the
town or it contractors has identified as having a potential for backflow.
(b) The following types of facilities or services have been identified by the town or its contractors as having
a potential for backflow of nonpotable water into the public water supply system. Therefore, an approved
backflow prevention assembly will be required on all such services according to the degree of hazard
present. Other types of facilities or services not listed in this subsection may also be required to install
approved backflow prevention assemblies if determined necessary by the t own or its contractors. As a
minimum requirement, all new commercial services will be required to install a double check valve
assembly, unless otherwise listed as follows:
DCVA Double check valve assembly
RP Reduced pressure principle assembly
DCDA Double check detector assembly
RPDA Reduced pressure detector assembly
AG Air gap
PVB Pressure vacuum breaker

(1) Aircraft and missile plants: RP.
(2) Automotive services station, dealerships, etc.: RP.
(3) Automotive plants: RP.
(4) Auxiliary water systems:
a. Approved public/private water supply: RP.
b. Unapproved public/private water supply: AG.

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c. Used water and industrial fluids: RP.
(5) Bakeries:
a. No health hazard: DCVA.
b. Health hazard: RP.
(6) Beauty shops/barbershops: RP.
(7) Beverage bottling plants: RP.
(8) Breweries: RP.
(9) Buildings hotels, apartment houses, public and private buildings, or other structures having
unprotected cross connections: RP.
(10) Canneries, packing houses, and rendering plants: RP.
(11) Chemical plants manufacturing, processing, compounding or treatment: RP.
(12) Chemically contaminated water systems: RP.
(13) Commercial carwash facilities: RP.
(14) Commercial greenhouses: RP.
(15) Commercial sales establishments (department stores, malls, etc.).
a. Non-health hazard: DCVA.
b. Health hazard: RP.
(16) Concrete/asphalt plants: RP.
(17) Dairies and cold storage plants: RP.
(18) Dye works: RP.
(19) Film laboratories: RP.
(20) Fire system:
a. Systems three-quarter-inch to two inches:
1. No health hazard: DCDA.
2. Health hazard (booster pumps, foam, antifreeze solution, etc.): RPDA.
b. Systems 2½ inches to ten inches or larger:
1. No health hazard: DCDA.
2. Health hazard (booster pumps, foam, antifreeze solutions, etc.): RPDA.
(21) Hospitals, medical building, sanitariums, morgues, mortuaries, autopsy Facilities, nursing and
convalescent homes, medical clinics, and veterinary hospitals: RP.
(22) Industrial facilities:
a. No health hazard: DCVA.
b. Health hazard: RP.
(23) Laundries: RP.
(24) Lawn irrigation systems (split taps): RP.
(25) Metal manufacturing, cleaning, processing, and fabricating plants: RP.

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(26) Mobile home parks:
a. No health hazard: DCVA.
b. Health hazard: RP.
(27) Oil and gas production, storage or transmission properties: RP.
(28) Paper and paper products plants: RP.
(29) Pest control (exterminating and fumigation): RP.
(30) Plating plant: RP.
(31) Power plants: RP.
(32) Radioactive materials or substances—plants or facilities handling: RP.
(33) Restaurants:
a. No health hazard: DCDA.
b. Health hazard: RP.
(34) Restricted, classified or other closed facilities: RP.
(35) Rubber plants (natural or synthetic): RP.
(36) Sand and gravel plants: RP.
(37) Schools and colleges: RP.
(38) Sewage and storm drain facilities: RP.
(39) Swimming pools: RP.
(40) Waterfront facilities and industries: RP.
(c) All assemblies and installations shall be subject to inspection and approval by the town or its contractors.
(Ord. of 8-13-2007(01), § 9)
Sec. 22-73. Connections with unapproved sources of supply.
(a) No person shall connect or cause to be connected any supply of water not approved by the state
department of environment, health and natural resources to the water system supplied by the town. Any
such connections allow by the town must be in conformance with the backflow prevention requirements
of the article.
(b) In the event of contamination or pollution of a public or consumer potable water system, the consumer
shall notify the town or its contractors immediately in order that appropriate measures may be taken to
overcome and eliminate the contamination or pollution.
(Ord. of 8-13-2007(01), § 10)
Sec. 22-74. Fire protection systems.
(a) All connection for fire protection systems connected with the public water system, two inches and
smaller, shall be protected with an approved double check valve assembly as a minimum requirement.
All fire systems using toxic additives or booster pumps shall be protected by an approved reduced
pressure principle assembly at the main service connection.

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(b) All connections for fire protection systems connected with the public water system, greater than two
inches, shall be protected with an approved double check detector assembly as a minimum requirement.
All fire protection systems using toxic or hazardous additives or booster pumps shall be protected by an
approved reduced pressure principle detector assembly at the main service connection.
(c) All existing back flow prevention assemblies, 2½ inches and larger, installed on fire protection systems
(that were initially approved by the town or its contractors) shall be allowed to remain on the premises,
as long as they are being properly maintained, tested and repaired as required by this article. If, however,
the existing assembly must be replaced (once it ca n no longer be repaired), or in the event of proven
water theft through an unmetered source, the consumer shall be required to install an approved double
check detector assembly or reduced pressure principle detector assembly as required by this section.
(Ord. of 8-13-2007(01), § 11)
Sec. 22-75. Enforcement.
(a) The owner, manager, supervisor or person in charge of any installation found not to be in compliance
with the provisions of this article shall be notified in writing with regard to the corrective actions to be
taken. The time for compliance shall be in accordance with section 22-69.
(b) The owner, manager, supervisor or person in charge of any installation which remains in noncompliance
after the time prescribed in the initial notification, as outlined in section 22 -69, shall be considered in
violation of this article and may be issued a civil citation by the town or its contractors. Said citation shall
specify the nature of the violation and the provisions of this article violated, and further notify the
offender that the civil penalty for said violation is as set forth in subsection (c) of this section and is to be
paid to the Town of Spring Hope at 118 W. Railroad St., Spring Hope, NC, within 30 days. If the penalty
prescribed herein is not paid within the time allowed, the town may initiate a civil action in the nature of
a debt and recover the sums set forth in subsection (c) of this section plus the cost of the action.
(c) Any offender who shall continue any violation beyond the time limit provided for in the aforementioned
notification shall be subject to a civil penalty of up to $1,000.00 per violation. Each day in which a violation
of any provision of this article shall occur or continue shall constitute a separate and distinct offense.
(d) If, in the judgment of the town or its contractors, any owner, manager, supervisor or person in charge of
any installation found to be in noncompliance with the provisions of this article, neglects their
responsibility to correct any violation, it may result in discontinuance of water service until compliance
is achieved.
(e) Failure of a customer or certified tester to submit any record required by this article, or the submission
of falsified reports/records may result in a civil penalty of up to $1,000.00 per violation. If a certified
backflow prevention assembly tester submits falsified records to the town or its contractors, the town or
its contractors shall take the necessary actions to permanently revoke certification to test backflow
prevention assemblies within the potable water system in addition to a civil penalty (as stated in
subsection (c) of this section).
(f) Enforcement of this article shall be administered by the town or its contractors.
(g) Requests for extension of time shall be made in writing to the town or its contractors. All other appeals
shall be made in accordance with the following procedures:
(1) Appeals. A customer assessed a civil penalty under this section shall have the right to appeal before
the board of commissioners upon making written demand, identifying the specific issues to be
contended, to the town within 30 days following notice of final decision to assess a civil penalty.
Unless such demand is made within the time specified herein, the decision on the civil penalty
assessment shall be final and binding. The board of commiss ioners shall make a decision on the

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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.
(2) Official record. When a final decision is issued under subsection (a) of this section, the board of
commissioners shall prepare an official record of the decision that includes:
a. A copy of the official minutes for all meetings related to its decision.
b. A copy of all documentary evidence reviewed.
c. A copy of the final decision of the board of commissioners.
(3) Any customer against whom a final decision of the board of commissioners is entered, pursuant to
subsection (b) of this section, may appeal the order or decision by filing a written petition for
judicial review within 30 days after receipt of notice by certified mail of the order or decision to the
general court of justice of the county or of the county where the order or decision is effective, along
with a copy to the town. Within 30 days after receipt of the copy of the petition of judicial review,
the town shall transmit to the reviewing court the original or a certified copy of the official record,
as outlined in subsection (b) of this section.
(Ord. of 8-13-2007(01), § 12)
Secs. 22-76—22-93. Reserved.
ARTICLE IV. SEWER USE REGULATIONS2
DIVISION 1. GENERALLY
Sec. 22-94. Purpose and policy.
(a) This article sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the town, hereafter referred to as the town, and enables the town to
comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.)
and the General Pretreatment Regulations (40 CFR 403).
(b) The objectives of this article are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere
with the operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into any waters of the state or otherwise be incompatible
with the system;
(3) To promote reuse and recycling of industrial wastewater and sludges from the municipal system;
(4) To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the
course of their employment as well as protecting the general public;
(5) To provide for equitable distribution of the cost of operation, maintenance and improve ment of the
municipal wastewater system; and

2State law reference(s)—Wastewater systems, G.S. 130A-333 et seq.

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(6) To ensure that the municipality complies with its NPDES or non-discharge permit conditions, sludge
use and disposal requirements and any other federal or state laws to which the municipal
wastewater system is subject.
(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 municipal wastewater system, as authorized by G.S. 153A -275
and/or 160A-312. The town shall designate an administrator of the POTW and pretreatment program
hereafter referred to as the town manager. Except as otherwise provided herein, the town manager shall
administer, implement, and enforce the provisions of this article. Any powers granted to or imposed upon
the town manager may be delegated by the town manager to other town personnel. By discharging
wastewater into the municipal wastewater system, industrial users located outside the town limits agree
to comply with the terms and conditions established in this article, as well as any permits, enforcement
actions, or orders issued hereunder.
(Ord. of 5-12-2008, § 1.1)
Sec. 22-95. Definitions and abbreviations.
(a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251 et seq.
Approval authority means the director of the division of water quality of the state department of
environment and natural resources or his designee.
Authorized representative of the industrial user.
(1) If the industrial user is a corporation, the term "authorized representative" means:
a. The president, secretary, or a vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision -making
functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities, provided, the
manager is authorized to make management decisions which govern the operation of the
regulated facility, including having the explicit or implicit duty of making major capital
investment recommendations, and initiate and direct comprehensive measures to ensure
long-term environmental compliance with environmental laws and regulations; can ensure
that the necessary systems are established or actions taken to gather complete and accurate
information for control mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship, an authorized representative shall
mean a general partner or the proprietor, respectively.
(3) If the industrial user is a federal, state or local government facility, an authorized representative
shall mean a director or highest official appointed or designated to oversee the operation and
performance of the activities of the government facility, or their designee.
(4) The individuals described in subsections (1) through (3) of this definition may designate another
authorized representative if the authorization is in writing, the authorization specifies the

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individual or position responsible for the overall operation of the facility from which the discharge
originates or having overall responsibility for environmental matters for the company, and the
written authorization is submitted to the town.
(5) If the designation of an authorized representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying the
requirements of this section must be submitted to the town manager 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 Centigrade, usually expressed
as a concentration (e.g., mg/l).
Building sewer means a sewer conveying wastewater from the premises of a user to the POTW.
Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.
Categorical standards means national categorical pretreatment standards or pretreatment standard.
Environmental Protection Agency (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.
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 which is a source of indirect discharge.
Interference means the inhibition, or disruption of the treatment processes, operations, or its sludge
process, use, or disposal, which causes or contributes to a violation of any requirement of the NPDES or non -
discharge permit or prevents sewage sludge use or dispos al in compliance with specified applicable state and
federal statutes, regulations, or permits. The term "interference" includes prevention of sewage sludge use or
disposal by the town 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 section 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 (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 EPA.

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National prohibitive discharge standard or prohibitive discharge standard means absolute prohibitions
against the discharge of certain substances; these prohibitions appear in section 22 -119 and are developed
under the authority of 307(b) of the Act and 40 CFR 403.5.
New source 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) of the Act, provided that:
a. The building, structure, facility, or installation is constructed at a site at which no other source
is located;
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors such as the extent to which the
new facility is integrated with the existing plant, and the extent to which the new facility is engaged
in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a
new source if the construction does not create a new building, structur e, facility, or installation
meeting the criteria of this section but otherwise alters, replaces, or adds to existing process or
production equipment.
(3) For purposes of this definition, construction of a new source has commenced if the owner or
operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment;
2. Significant site preparation work including clearing, excavation, or removal of existing
buildings, structures or facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss , and contracts for
feasibility, engineering, and design studies do not constitute a contractual obligation under
this definition.
Non-contact 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.
Non-discharge permit means a disposal system permit issued by the state pursuant to G.S. 143 -215.1.
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 town's NPDES or non-discharge permit, or a downstream water
quality standard.
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. The term "person" includes all federal, state, and local government entities.

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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,
BOD, COD, toxicity, or odor).
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 the town's POTW. The reduction or alteration can be obtained by
physical, chemical or biological processes, or process changes or other means, except by diluting the
concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment program means the program for the control of pollutants introduced into the POTW from
nondomestic sources which was developed by the town 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 limits.
Publicly owned treatment works (POTW) means a POTW as defined by section 212 of the Act (33 USC
1292), which is owned in this instance by the town. The term "publicly owned treatment works (POTW)"
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 wastewater treatment plant. For the purposes of this article, the term
"POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the town
who are, by contract or agreement with the town, or in any other way, users of the POTW of the town.
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. The term "severe property damage" does
not mean economic loss caused by delays in production.
Significant industrial user means any industrial user of the wastewater disposal system who:
(1) Has an average daily process wastewater flow of 25,000 gallons or more;
(2) Contributes more than five percent of any design or treatment capacity (i.e., allowable pollutant
load) of the wastewater treatment plant receiving the indirect discharge;
(3) Is required to meet a national categorical pretreatment standard; or
(4) Is found by the town, the division of water quality or the U.S. Environmental Protection Agency
(EPA) to have the potential for impact, either singly or in combination with other contributing
industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent
quality, or compliance with any pretreatment standards or requirements.
Significant noncompliance or reportable noncompliance means a status of noncompliance defined as
follows:
(1) Violations of wastewater discharge limits.
a. Chronic violations: 66 percent or more of the measurements exceed (by any magnitude) the
same daily maximum limit or the same average limit in a six-month period.

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b. Technical review criteria (TRC) violations: 33 percent or more of the measurements equal or
exceed the TRC times the limit (maximum or average) in a six-month period. There are two
groups of TRCs:
1. For the conventional pollutants: BOD, TSS, fats, oil and grease, TRC equals 1.4.
2. For all other pollutants: TRC equals 1.2.
c. Any other violations of an effluent limit (average or daily maximum) that the control authority
believes has caused, alone or in combination with other discharges, interference or pass
through or has endangered the health of the sewage treatment plant personnel or the public.
d. Any discharge of a pollutant that has caused imminent endangerment to human
health/welfare or to the environment or has resulted in the town's exercise of its emergency
authority to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement
order, for starting construction, completing construction, and attaining final compliance by 90 days
or more after the schedule date.
(3) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring
reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due
date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the control authority considers to be significant.
Slug load or discharge means any discharge at a flow rate or concentration which has a reasonable
potential to cause interference or pass through, or in any other way violates the POTW regulations, local limits,
or industrial user permit conditions. This can include, but is not limited to:
(1) Spills and other accidental discharges;
(2) Discharges of a non-routine, episodic nature;
(3) A non-customary batch discharge; or
(4) Any other discharges that can cause a violation of the prohibited discharge standards in section 22 -
119.
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.
Stormwater means any flow occurring during or following any form of natural precipitation and resulting
therefrom.
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.
Town manager means the town administrator designated with the responsibility for the pretreatment
program and enforcement of this article.
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 use r. The term
"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

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any groundwater, surface water, and stormwater 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 section 22-180.
Wastewater treatment plant means that portion of the town designed to provide treatment to
wastewater.
Waters of the state means all streams, lakes, ponds, marshes, watercourse, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are contained within, flow through, or
border upon the state or any portion thereof.
(b) The following abbreviations when used in this article, shall have the designated meanings:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
COD Chemical oxygen demand
EPA Environmental Protection Agency
gpd Gallons per day
l Liter
mg Milligrams
mg/l Milligrams per liter
G.S. North Carolina General Statutes
NPDES National Pollution Discharge Elimination System
O & M Operation and maintenance
RCRA Resource conservation and recovery act
SIC Standard industrial classification
SWDA Solid Waste Disposal Act
TSS Total suspended solids
TKN Total Kjeldahl Nitrogen
USC United States Code

(Ord. of 5-12-2008, § 1.2)
Secs. 22-96—22-118. Reserved.
DIVISION 2. REGULATIONS GOVERNING SEWER USE
Sec. 22-119. Prohibitions—Discharges.
(a) No person shall discharge wastes to a community sanitary sewer which cause, threaten to cause, or are
capable of causing either alone or by interaction with other substances:
(1) A fire or explosion;
(2) Obstruction of flow or injury to the POTW;
(3) Danger to life or safety of personnel;
(4) A strong offensive odor that inhibits the effective maintenance or operation of the POTW;
(5) Air pollution by the release of toxic or malodorous gases or noxious gas -producing substances;

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(6) Interference with the treatment process;
(7) The town's effluent or any other product of the treatment process, residues, sludges or scums, to be
unsuitable for reclamation and reuse or to interfere with the reclamation process;
(8) A condition unacceptable to any public agency having regulatory jurisdiction over the final
discharge of the town's POTW;
(9) Conditions at or near the town's POTW which violate any statute or any lawful rule, regulation, or
ordinance of any state or federal agency having jurisdiction over the town;
(10) The town's POTW to be hydraulically overloaded or cause physical damage or injury to the
collection system or POTW.
(b) The list of prohibited discharges in subsection (a) of this section is in addition to the pollutants of 40 CFR
403.5, which are hereby included as part of this list of prohibited pollutant discharges to the sanitary
sewer system.
(Ord. of 5-12-2008, § 2.1)
Sec. 22-120. Same—Inflow sources.
Inflow sources, as defined in 40 CFR 35.905, shall be prohibited in new connections to the sanitary sewer
system.
(Ord. of 5-12-2008, § 2.2)
Sec. 22-121. Same—Unpolluted water.
(a) Unpolluted water, included by way of illustration but not limited to cooling water, process water or blow-
down water from cooling towers or evaporative coolers shall not be discharged through direct or indirect
connection to a community sewer unless a permit is issued by the town. The town shall approve the
discharge of such water only when there is no reasonable alternative method of disposal available.
(b) If a permit is granted for the discharge of such water into a community sewer, the user shall pay s uch
charges and fees and shall meet such other conditions as required by the town.
(Ord. of 5-12-2008, § 2.3)
Sec. 22-122. Limitations—On radioactive wastes.
Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the
town manager in compliance with applicable state or federal regulations is prohibited.
(Ord. of 5-12-2008, § 2.4)
Sec. 22-123. Same—Direct discharges.
No person shall discharge any substances directly into a manhole or other opening in a community sewer
other than through an approved building sewer, unless he has been issued a permit by the town. If a permit is
issued for such a direct discharge, the user shall pay the applicable charges and fees and shall meet such other
conditions necessary to properly treat this discharge as required by the town.
(Ord. of 5-12-2008, § 2.5)

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Sec. 22-124. Holding tank wastes.
No person shall discharge any holding tank waste, including by definition, but not limited to, pumping
from septic tanks into a community sewer unless he has been issued a permit by the town. Unless otherwise
allowed by the town under the terms and conditions of the permit, a separate permit must be secured for each
separate discharge. The permit will state the specific location of the discharge, the time of day the discharge is
to occur, the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted
for discharge of such waste into a community sewer, the user shall pay the applicable charges and fees and shall
meet such other conditions necessary to properly treat this discharge as required by the town. An exception to
the above is that no permit will be required for discharge of domestic wastes from recreational motor home
holding tanks provided that such discharges are made into a town approved facility to receive such wastes.
(Ord. of 5-12-2008, § 2.6)
Sec. 22-125. Limitations on wastewater strength.
(a) In order that the biological treatment process is not subjected to unacceptable levels o f toxic wastes and
so that the process can function properly to meet state and federal standards, it shall be unlawful for any
person to discharge into the town's wastewater collection system, waters containing an excess of:
Constituent Code Maximum
Concentration
Arsenic As 0.003 mg/l
Cadmium Cd 0.003 mg/l
Chromium Cr 0.05 mg/l
Copper Cu 0.061 mg/l
Cyanide CN- 0.015 mg/l
Lead Pb 0.049 mg/l
Mercury Hg 0.0003 mg/l
Nickel Ni 0.021 mg/l
Silver Ag 0.005 mg/l
Zinc Zn 0.175 mg/l
Biochemical oxygen
demand
BOD 2.50 mg/l
Chemical oxygen demand COD 500 mg/l
Total suspended solids TSS 250 mg/l
Ammonia NH3 25 mg/l
pH pH 5 to 10 specific units
Temperature N/A 45°C
Oil and grease O & G 150 mg/l

(b) It shall be unlawful for any person to discharge into the town's wastewater collection system, waters:
(1) Containing toxic substances or poisonous substances in sufficient quantities to interfere with the
biological processes used at the town's POTW.
(2) Containing strong iron pickling wastes or concentrated plating solutions unless pretreated in such
a way as to comply with all other limitations of section 22-119.
(3) Containing any solid viscous substances, including but not being limited to ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, bones, feathers, slurry, lime residues, slops, whole blood,

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fleshings, chemical residues, paint residues, waxes, asphalt, hair, tar, plastics, wood, paunch manure,
butcher's offal, animal viscera, lime or any solid or viscous substances capable of causing
obstructions of any kind in either the collection system or at any point in the treatment plant. Also,
any waste that will not pass through a one-fourth-inch mesh screen or its equivalents in screening
ability is not to be discharged into the sanitary sewer collection system, but disposed of by an
alternative means.
(4) Containing any liquid waste or other substance that contains dyes or other color of such character
and quantity as to prevent removal by biological processes employed at the treatment plant.
(5) Containing any liquid or other such substance that require excessive amounts of chlorine for
stabilization in addition to biological treatment. The excess chlorine demand exerted by such waste
shall be determined by comparing the chlorine demand of said waste to the average chlorine
demand of all other wastes entering the treatment plant.
(6) Of the industrial variety with such a volume that the peak hourly flow exceeds 2.5 perce nt of the
design flow of the POTW. In such cases where a peak hourly flow of more than 2.5 percent is
discharged, the town may require the discharger to provide holding facilities of sufficient capacity
so as to discharge into the collection system at an assigned rate over a specified period of time.
(7) Of such a nature that will cause contamination of the wastes in the collection system, or which may
contaminate the treatment plant, or the receiving waters of the state, resulting in injury or harm to
persons, livestock, or aquatic life.
(8) Users in industrial categories subject to effluent guidelines issued under section 304(b) of the Act
which are discharging incompatible pollutants to POTW, are required to adopt best practicable
control technology currently available, as defined by the administrator pursuant to section 304(b)
of the Act. Where the town's POTW was designed to and does achieve substantial removal of BOD,
TSS, pH and fecal Coliform bacteria, the town manager may not require the user to ac hieve best
practicable control technology currently available, since this would lead to an uneconomical
duplication of treatment facilities. For some industrial categories it may be necessary to define
pretreatment guidelines for problems that may arise as a result of the discharge into the town's
POTW. However, any adjustments required for particular industrial categories should be
considered in connection with the town's requirements and the national pretreatment standards.
Limitations on wastewater strength in this article may be supplemented with more stringent
limitations as provided in the Act.
(Ord. of 5-12-2008, § 2.7)
Sec. 22-126. Special provisions.
(a) If any waters or wastes (discharged or proposed to be discharged to the public sewers) contain the
substances or possess the characteristics enumerated in this division and in the judgment of the town
may have a deleterious effect upon the wastewater POTW, processes, equipment or receiving waters, or
which create a hazard to life, or constitute a public nuisance, the town may reject the wastes.
(b) The town may discontinue water service or sewer service, or both to any user who violates this division
when, in the judgment of the town, such action is necessary to protect the wastewater POTW, processes,
equipment or receiving waters from injury or damage, or is necessary to protect life or he alth.
(Ord. of 5-12-2008, § 2.8)
Secs. 22-127—22-150. Reserved.
PART II - CODE OF ORDINANCES
Chapter 22 - UTILITIES
ARTICLE IV. - SEWER USE REGULATIONS
DIVISION 3. WASTEWATER VOLUME DETERMINATION AND FEES

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DIVISION 3. WASTEWATER VOLUME DETERMINATION AND FEES
Sec. 22-151. Purpose.
It is the purpose of this division to provide for the recovery of costs from users of the wastewater disposal
system of the town for the implementation of the program established herein. The applicable charges or fees
shall be set forth in a schedule of sewer use charges and fees by the POTW director and approved by the board
of commissioners. A copy of these charges and fees will be made available from the POTW director.
(Ord. of 5-12-2008, § 3.1)
Sec. 22-152. Metered water supply.
When charges and fees are based upon the water usage, such charges and fees shall be applied against
the total amount of water used from all sources, public and private, determined by means of the user and
approved by the town, adding private sources volume to the metered water consumption.
(Ord. of 5-12-2008, § 3.2)
Sec. 22-153. User charges.
A user charge shall be levied on all users including, but not limited to, persons, firms, corporations or
governmental entities that discharge, cause or permit the discharge of sewage into the POTW.
(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 town 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
commissioners 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.
(Ord. of 5-12-2008, § 3.3)
Sec. 22-154. Surcharges.
The amount of the surcharges will be based upon the volume of flow and the character and concentration
of the constituents of the wastewater:
(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
town;

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b. If required by the town or at the individual dischargers option, other flow monitoring devices
which measure the actual volume of wastewater discharged to the sewer. Such devices shall
be accessible and safely located, and the measuring system shall be installed in accordance
with plans approved by the town. The metering system shall be installed and maintained at
the users expense according to arrangements that may be made with the town; or
c. Where any user procures all or part of his water supply from sources other than the town, the
user shall install and maintain at his own expense a flow measuring device of a type approved
by the town.
(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 town. Samples shall be
collected in such a manner as to be representative of the actual discharge and shall be analyzed
using procedures set forth in 40 CFR 136.
(3) The determination of the character and concentration of the constituents of the wastewater
discharge by the town manager or his duly appointed representatives shall be binding as a basis for
charges.
(Ord. of 5-12-2008, § 3.4)
Sec. 22-155. Pretreatment program administration charges.
The schedule of charges and fees adopted by the town may include charges and fees for:
(1) Reimbursement of costs of setting up and operating a 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 town may deem necessary to carry out the requirements of a pretreatment
program.
(Ord. of 5-12-2008, § 3.4)
Secs. 22-156—22-178. Reserved.
DIVISION 4. INDUSTRIAL DISCHARGE REPORTS AND WASTEWATER
DISCHARGE PERMITS
Sec. 22-179. Connecting or discharging to the POTW.
It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the
permission of the town. When requested by the town manager, a user must submit information on the nature
and characteristics of its wastewater within 30 days of the request. The town manager is authorized to prepare
a form for this purpose and may periodically require users to update this information.
(Ord. of 5-12-2008, § 4.1)

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Sec. 22-180. Significant industrial user—Permit.
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 town manager to be significant
industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the
town manager's determination. Industrial users who do not fit the significant industrial user criteria may at the
discretion of the town manager be required to obtain a wastewater discharge permit for non-significant
industrial users.
(Ord. of 5-12-2008, § 4.2)
Sec. 22-181. Same—Determination.
All persons proposing to discharge non-domestic wastewater, or proposing to change the volume or
characteristics of an existing discharge of non-domestic wastewater shall request from the town manager a
significant industrial user determination. If the town manager 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.
(Ord. of 5-12-2008, § 4.2(a))
Sec. 22-182. Same—Permit application.
Users required to obtain a significant indust rial user permit shall complete and file with the town, an
application in the form prescribed by the town manager, 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 town manager's determination in section 22-181. 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 2 of this article, any of the priority pollutants (section 307(a) of the Act)
which the applicant knows or suspects are present in the d ischarge as determined by a reliable
analytical laboratory, and any other pollutant of concern to the POTW; 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 and as required in sections 22-234 and 22-235;
(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 town, state, or federal pretreatment standards, and a statement regarding whether or not the

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pretreatment standards are being met on a consistent basis and if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required 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 town manager 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 town manager.
(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 hour s of
operation of pretreatment system;
(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 22-225;
(14) Any other information as may be deemed by the town manager to be necessary to evaluate the
permit application.
(Ord. of 5-12-2008, § 4.2(b))
Sec. 22-183. Application—Signatories and certification.
All wastewater discharge permit applications and user reports must be signed by the current authorized
representative of the user on file with the control authority and/or municipality as defined in section 22 -95
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 ensure 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 the re are
significant penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations."
(Ord. of 5-12-2008, § 4.2(c))
Sec. 22-184. Review and evaluation.
(a) The town manager will evaluate the data furnished by the user and may require additional information.
(b) The town manager is authorized to accept applications for the town and shall refer all applications to the
POTW staff for review and evaluation.

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(c) Within 30 days of receipt the town manager 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.
(Ord. of 5-12-2008, § 4.2(d))
Sec. 22-185. 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 staff's 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;
(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 general permit conditions of the town into a significant industrial user permit.
(Ord. of 5-12-2008, § 4.2(e))
Sec. 22-186. Permit synopsis.
A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for
submission to the applicant and the approval authority and shall be made available to the public upon request.
The contents of such fact sheets shall include at least the following information:
(1) A sketch and detailed description of the industrial facilities and pretreatment facilities including the
location of all points of discharge to the town and all established compliance monitoring points.
(2) A quantitative description of the discharge described in t he application which includes at least the
following:
a. The rate or frequency of the proposed discharge; if the discharge is continuous, the average
daily flow;
b. The actual average daily discharge in pounds per day of any limited pollutant and any
pollutant identified in the application as known or suspected present; and
c. The basis for the pretreatment limitations including the documentation of any calculations in
applying categorical pretreatment standards.
(Ord. of 5-12-2008, § 4.2(f))
Sec. 22-187. Final action on significant industrial user permit applications.
(a) The town manager shall take final action on all applications not later than 90 days following receipt of a
complete application.
(b) The town manager is authorized to:

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(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 this division;
(4) Revoke any permit pursuant to division 7 of this article;
(5) Suspend a permit pursuant to division 7 of this article;
(6) Deny a permit application when in the opinion of the town manager 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.
(Ord. of 5-12-2008, § 4.2(g))
Sec. 22-188. Hearings.
The local government may conduct hearings in accordance with its regular hearing procedure.
(1) Initial adjudicatory hearing. An applicant whose permit is denied, or is granted subject to conditions
he deems unacceptable, a permittee/user assessed a civil penalty under division 7 of this article, or
one issued an administrative order under division 7 of this article shall have the right to an
adjudicatory hearing before a hearing officer designated by the town manager upon making written
demand, identifying the specific issues to be contested, to the town manager within 30 days
following receipt of the significant industrial user permit, civil penalty assessment, or
administrative order. Unless such written demand is made within the time specified herein, t he
action shall be final and binding. The hearing officer shall make a final decision on the contested
permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The town
manager shall transmit a copy of the hearing officer's decision by registered or certified mail.
a. 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.
b. 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.
(2) Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing
held under subsection (1) of this section may be appealed to the board of commissioners upon filing
a written demand within ten days of receipt of notice of the decision. Hearings held under this
section shall be conducted in accordance with lo cal hearing procedures. Failure to make written
demand within the time specified herein shall bar further appeal. The board of commissioners 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.
(3) Official record. When a final decision is issued under subsection (2) of this section, the board of
commissioners shall prepare an official record of the case that includes:
a. All notices, motions, and other like pleadings;
b. A copy of all documentary evidence introduced;

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c. 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;
d. A copy of the final decision of the board of commissioners serving the town.
(4) Judicial review. Any person against whom a final order or decision of the board of commissioners
serving the town is entered, pursuant to the hearing conducted under subsection (2) of this section,
may seek judicial review of the order or decision by filing a written petition within 30 days after
receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the
superior court of the county along with a copy to the town. Within 30 days after receipt of the copy
of the petition of judicial review, the board of commissioners serving the town shall transmit to the
reviewing court the original or a certified copy of the official record.
(Ord. of 5-12-2008, § 4.2(h))
Sec. 22-189. Permit modification.
(a) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits
except as listed in subsection (a)(1) through (3) of this section. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
(1) Changes in the ownership of the discharge when no other change in the permit is indicated;
(2) A single modification of any compliance schedule not in excess of four months;
(3) Modification of compliance schedules (construction sch edules) in permits for new sources where
the new source will not begin to discharge until control facilities are operational.
(b) Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater
discharge permit of users subject to such standards shall be revised to require compliance with such
standard within the timeframe 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 22-182, 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.
(Ord. of 5-12-2008, § 4.2(i))
Sec. 22-190. Permit conditions.
(a) The town manager shall have the authority to grant a permit 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 nontransferability;
(3) Applicable effluent limits based on categorical standards or local limits or both;
(4) Applicable monitoring, sampling, reporting, notification, and record keeping requirements. These
requirements shall include an identification of pollutants to be monito red, sampling location,
sampling frequency, and sample type based on federal, state and local law;
(5) Requirements for notifying the POTW in the event of an accidental discharge or slug load as defined
in section 22-95;

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(6) Requirements to implement a plan or other controls for prevention of accidental discharges and/or
slug loads as defined in section 22-95 if determined by the town manager to be necessary for the
user;
(7) Requirements for immediately notifying the POTW of any changes at its facility affecting the
potential for spills and other accidental discharges, or slug load as defined in section 22-95; and
(8) 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.
(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 POTW.
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants
discharged to the municipal wastewater system.
(5) The unit charge or schedule of user charges and fees for the management of the wastewater
discharged to the system.
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(7) Specifications for monitoring programs which may include sam pling locations, frequency of
sampling, number, types, and standards for tests, and reporting schedules.
(8) Requirements for immediate reporting of any instance of noncompliance and for automatic
resampling and reporting within 30 days where self-monitoring indicates a violation.
(9) Compliance schedules for meeting pretreatment standards and requirements.
(10) Requirements for submission of periodic self-monitoring or special notification reports.
(11) Requirements for maintaining and retaining plans and records relating to wastewater discharges as
specified in section 22-237 and affording the town manager, or his representatives, access thereto.
(12) Requirements for prior notification and approval by the town manager of any new introduction of
wastewater pollutants or of any significant change in the volume or character of the wastewater
prior to introduction in the system.
(13) Requirements for the prior notification and approval by the town manager of any change in the
manufacturing and/or pretreatment process used by the permittee.
(14) A statement that compliance with the permit does not relieve the permittee of responsibility for
compliance with all applicable federal and state pretreatment standards, including those which
become effective during the terms of the permit.
(15) Other conditions as deemed appropriate by the town manager to ensure compliance with this
article, and state and federal laws, rules, and regulations.
(Ord. of 5-12-2008, § 4.2(j))

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Sec. 22-191. Permit duration.
Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a
period less than a year or may be stated to expire on a specific date.
(Ord. of 5-12-2008, § 4.2(k))
Sec. 22-192. 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.
(Ord. of 5-12-2008, § 4.2(l))
Sec. 22-193. Permit reissuance.
A significant industrial user shall apply for permit reissuance by submitting a complete permit application
in accordance with division 4 of this article a minimum of 180 days prior to the expiration of the existing permit.
(Ord. of 5-12-2008, § 4.2(m))
Secs. 22-194—22-224. Reserved.
DIVISION 5. REPORTING REQUIREMENTS
Sec. 22-225. Baseline monitoring reports.
(a) Within either 180 days after the effective date of a categorical pretreatment stand ard, 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 town manager 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 s ubmit to the town
manager a report which contains the information listed in subsection b below. A new source shall report
the method of pretreatment it intends to use to meet applicable categorical standards. A new source also
shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) Users described in subsection (a) of this section shall submit the information set forth as follows:
(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 operations 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.

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(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in
gallons per day, to the POTW from regulated process streams and other streams, as necessary, to
allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(5) Measurement of pollutants.
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 town manager, 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 22 -
234.
c. Sampling must be performed in accordance with procedures set out in section 22-235 and 40
CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4).
(6) Certification. A statement, reviewed by the user's current authorized representative as defined in
section 22-95 and certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional operation and maintenance
(O&M) and/or additional pretreatment is required to meet the pretreatment standards and
requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or O&M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in section 22-226.
(8) Signature and certification. All baseline monitoring reports must be signed and certified in
accordance with section 22-183.
(Ord. of 5-12-2008, § 5.1)
Sec. 22-226. Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by section 22-225:
(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 ope ration 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 in subsection (1) of this section shall exceed nine months;
(3) The user shall submit a progress report to the town manager 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 town manager.
(Ord. of 5-12-2008, § 5.2)

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Sec. 22-227. 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 town manager a
report containing the information described in section 22-225. 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 22-183.
(Ord. of 5-12-2008, § 5.3)
Sec. 22-228. Periodic compliance reports.
Municipalities may sample and analyze user discharges in lieu of requiring the users to conduct sampling
and analysis.
(1) All significant industrial users shall, at a frequency determined by the town manager but in no case
less than once every six months, submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards and the applicable flows
for the reporting period. Sampling and analysis must be performed in accordance with procedures
set out in sections 22-234 and 22-235. All periodic compliance reports must be signed and certified
in accordance with section 22-183.
(2) If a user subject to the reporting requirement in this section monitors any pollutant more frequently
than required by the town manager, using the procedures prescribed in sections 22 -234 and 22-
235, the results of this monitoring shall be included in the report.
(Ord. of 5-12-2008, § 5.4)
Sec. 22-229. Reports of changed conditions.
Each user must notify the town manager of any planned significant changes to the user's operation s or
system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
(1) The town manager 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 4 of this article.
(2) The town manager may issue a wastewater discharge permit under division 4 of this article or
modify an existing wastewater discharge permit under division 4 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 of permitted flow or greater, and the discharge o f any previously unreported
pollutants.
(Ord. of 5-12-2008, § 5.5)

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Sec. 22-230. Reports of potential problems.
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non -
routine, episodic nature, a noncustomary batch discharge, or a slug load as defined in section 22 -95 that
may cause potential problems for the POTW, the user shall immediately telephone and notify the town
manager of the incident. This notification shall include the location of the discharge, type of waste,
concentration and volume, if known, and corrective actions taken by the user.
(b) Within five days following such discharge, the user shall, unless waived by the town manager, submit a
detailed written report describing the causes 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 whom to call in the event of a discharge described in subsection (a) of this section. Employe rs
shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency
notification procedure.
(d) All significant industrial users (SIUs) are required to notify the town manager or designated personnel
immediately of any changes at its facility affecting the potential for spills and other accidental discharge,
discharge of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load as defined in
section 22-95.
(Ord. of 5-12-2008, § 5.6)
Sec. 22-231. Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
town manager as the town manager may require.
(Ord. of 5-12-2008, § 5.7)
Sec. 22-232. Notice of violation/repeat sampling and reporting.
(a) If sampling performed by a user indicates a violation, the user must notify the town manager 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 town manager within 30 days after becoming aware of the
violation.
(b) If the town manager does not require the user to perform any self-monitoring and the POTW sampling of
the user indicates a violation, the town manager shall repeat the sampling and obtain the results of the
repeat analysis within 30 days after becoming aware of the violations, unless one of the following occurs:
(1) The town manager monitors at the user's facility at least once a month;
(2) The town manager samples the user between their initial sampling and when the POTW receives
the results of this initial sampling; or
(3) The town manager requires the user to perform sampling and submit the results to the town
manager within the 30-day deadline of the POTW becoming aware of the violation.
(Ord. of 5-12-2008, § 5.8)

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Sec. 22-233. Notification of the discharge of hazardous waste.
The town prohibits the discharge of any hazardous wastes without notification and approval of the town
manager.
(1) Any user who commences the discharge of hazardous wast e shall notify the POTW personnel, the
EPA regional waste management division director, and state hazardous waste authorities, in
writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste
as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous,
batch, or other). If the user discharges more than 100 kilograms of such waste per cale ndar month
to the POTW, the notification also shall contain the following information to the extent such
information is known and readily available to the user:
a. An identification of the hazardous constituents contained in the wastes;
b. An estimation of the mass and concentration of such constituents in the wastestream
discharge during the calendar month; and
c. An estimation of the mass of constituents in the wastestream expected to be discharged during
the following 12 months.
All notifications must take place no later than 180 days after the discharge commences. Any
notification under this subsection need be submitted only once for each hazardous waste discharge.
However, notifications of changed conditions must be submitted under section 22 -229. The
notification requirement in this section does not apply to pollutants already reported by users
subject to categorical pretreatment standards under the self -monitoring requirements of sections
22-225, 22-227 and 22-228.
(2) Dischargers are exempt from the requirements of subsection (1) of this section, during a calendar
month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge of more than
15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute
hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one -time notification.
Subsequent months during which the user discharges more than such quantities of any hazardous
waste do not require additional notification.
(3) In the case of any new regulation under section 3001 of RCRA identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous waste, the user must notify
the town manager, the EPA regional waste management waste division director, and state
hazardous waste authorities of the discharge of such substance within 90 days of the effective date
of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in
place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(5) This section does not create a right to discharge any substance not otherwise permitted to be
discharged by this article, a permit issued thereunder, or any applicable federal or state law.
(Ord. of 5-12-2008, § 5.9)
Sec. 22-234. Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharg e
permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136,

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unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain
sampling or analytical techniques fo r the pollutant in question, sampling and analyses must be performed in
accordance with procedures approved by the EPA.
(Ord. of 5-12-2008, § 5.10)
Sec. 22-235. Grab and composite sample collection.
(a) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow
measurement facilities shall be properly operated, kept clean, and maintained in good working order at
all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds
for the user to claim that sample results are unrepresentative of its discharge.
(b) Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, volatile organic
compounds, and any other pollutants as required by 40 CFR 136. The POTW shall determine the number
of grabs necessary to be representative of the user's discharge. See 40 CFR 403.12(g)(5) for addition al
grab sample number requirements for BMR and 90-day compliance reports. Additionally, the town
manager may allow collection of multiple grabs during a 24 -hour period which are composited prior to
analysis as allowed under 40 CFR 136.
(c) Composite samples. All wastewater composite samples shall be collected with a minimum of hourly
aliquots or grabs for each hour that there is a discharge. All wastewater composite samples shall be
collected using flow proportional composite collection techniques, unless time-proportional composite
sampling or grab sampling is authorized by the town manager. When authorizing time -proportional
composites or grabs, the samples must be representative and the decision to allow the alternative
sampling must be documented.
(Ord. of 5-12-2008, § 5.11)
Sec. 22-236. 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.
(Ord. of 5-12-2008, § 5.12)
Sec. 22-237. Recordkeeping.
(a) Users subject to the reporting requirements of this article shall retain, and make ava ilable for inspection
and copying, all records of information obtained pursuant to any monitoring activities required by this
ordinance and any additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall include:
(1) The date, exact place, method, and time of sampling, and the name of the person taking the samples;
(2) The dates analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques or methods used; and
(5) The results of such analyses.

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(b) 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 town, or where the user has been
specifically notified of a longer retention period by the town manager.
(Ord. of 5-12-2008, § 5.13)
Secs. 22-238—22-267. Reserved.
DIVISION 6. COMPLIANCE MONITORING
Sec. 22-268. Monitoring facilities.
(a) The town requires the user to provide and operate at the user's own expense, monitoring facilities to
allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the user's premises, but the town may,
when such a location would be impractical or cause undue hardship on the user, allow the facility to be
constructed in the public street or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
(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 equipm ent 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 requirements of the town and all applicable local construction standards
and specifications. Construction shall be completed within 90 days following written notification by the
town.
(Ord. of 5-12-2008, § 6.1)
Sec. 22-269. Inspection and sampling.
The town 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 town, approval authority and EPA or their representative ready access at
all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination
and copying or in the performance of any of their duties. The town, approval authority and EPA shall have the
right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations. Where a user has security measures in force whic h would require
proper identification and clearance before entry into their premises, the user shall make necessary
arrangements with their security guards so that upon presentation of suitable identification, personnel from
the town, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing
their specific responsibilities. Denial of the town manager's or designated town employee's, approval
authority's, or EPA's access to the user's premises shall be a violation o f this article. Unreasonable delays may
constitute denial of access.
(Ord. of 5-12-2008, § 6.2)

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Sec. 22-270. Search warrants.
If the town manager, 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 town 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, then th e town manager, approval
authority, or EPA may seek issuance of a search warrant from the court having jurisdiction within the town.
(Ord. of 5-12-2008, § 6.3)
Sec. 22-271. Confidential information.
(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and
monitoring programs and from inspections shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of
the town manager 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 asse rted 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 in formation.
(c) All records relating to compliance with pretreatment standards shall be made available to officials of the
approval authority and EPA upon request.
(Ord. of 5-12-2008, § 7)
Secs. 22-272—22-290. Reserved.
DIVISION 7. ENFORCEMENT
Sec. 22-291. Administrative remedies.
(a) Notification of violation. Whenever the town manager 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 town manager may serve upon such a person a written notice
stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the
violation and a plan for the satisfactory correction thereof shall be submitted to the town by the user.
Submission of this plan does not relieve the discharger of liability for any violations occurring before or
after receipt of the notice of violation.
(b) Consent orders. The town manager is hereby empowered to enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with the person responsible
for the noncompliance. Such orders will include specific action to be taken by the discharger to correct

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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 subsection (d) of this section.
(c) Show cause hearing.
(1) The town manager may order any industrial user who causes or is responsible for an unauthorized
discharge, has violated this division or is in noncompliance with a wastewater discharge permit to
show cause why a proposed enforcement action should not be taken. In the event the town manager
determines that a show cause order should be issued, a notice shall be served on the user specifying
the time and place for the hearing, the proposed enforcement action, the reasons for such ac tion,
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.
(2) The town manager shall review the evidence presented at the hearing and determine whether the
proposed enforcement action is appropriate.
(3) A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty
under section 22-292 nor is any action or inaction taken by the POTW director under this section
subject to an administrative appeal under division 4 of this article.
(d) Administrative orders. When the town manager finds that an industrial user has violated or continues to
violate this article, permits or orders issued hereunder, or any other pretreatment requirement, the town
manager may issue an order to cease and desist all such violations and direct those persons in
noncompliance to do any of the following:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation;
(4) Disconnect unless adequate treatment facilities, devices or other related appurtenances are
installed and properly operated within a specified time period.
(e) Emergency suspensions.
(1) The town manager 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.
(2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater
permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days
of the notice of suspension to determine whether the suspension may be lifted or the user's waste
discharge permit terminated. In the event of a failure to comply voluntarily with the suspens ion
order, the town manager 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 town manager shall reinstate the wastewater permit and the wastewater
treatment service upon proof of the elimination of the noncompliant discharge. The industrial user
shall submit a detailed written statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence to the town manager prior to the date of the
hearing described in this subsection.
(f) Termination of permit or permission to discharge. The town manager may revoke a wastewater discharge
permit or permission to discharge for good cause, including, but not limited to, the following reasons:

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(1) Failure to accurately report the wastewater constituents and characteristics of his discharge;
(2) Failure to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit or permission to discharge, conditions of this article, or any
applicable state and federal regulations.
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will
be offered an opportunity to show cause under this section why the proposed action should not be taken.
(Ord. of 5-12-2008, § 8.1)
Sec. 22-292. 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 up to $25,000.00 per day per violation. Penalties
between $10,000.00 and $25,000.00 per day per violation may be assessed against a violator only if:
(1) For any class of violation, only if a civil penalty has been imposed against the violator with in the
five years preceding the violation; or
(2) In the case of failure to file, submit, or make available, as the case may be, any documents, data, or
reports required by this article, or the orders, rules, regulations and permits issued hereunder, only
if the town manager determines that the violation was intentional and a civil penalty has been
imposed against the violator within the five years preceding the violation.
(b) In determining the amount of the civil penalty, the town manager shall consider the following:
(1) The degree and extent of the harm to the natural resources, to the public health, or to public o r
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with the pretreatment program;
(8) The costs of enforcement to the town.
(c) Appeals of civil penalties assessed in accordance with this section shall be as provided in division 4 of this
article.
(Ord. of 5-12-2008, § 8.2)
Sec. 22-293. Other available remedies.
Remedies, in addition to those mentioned in sections 22-291 and 22-292, are available to the town
manager who may use any single one or combination against a noncompliant user. Additional available
remedies include, but are not limited to:
(1) Criminal violations. The district attorney for the applicable judicial district may, at the request of
the town, prosecute noncompliant users who violate the provisions of G.S. 143 -215.6B. Note—
Under state law, it is a crime to negligently violate any term, condition, or requirement of a

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pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local
governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or
requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment
permit, issued by local governments (G.S. 143-215.6B(g)), to knowingly violate any term, condition,
or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for
a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or
serious bodily injury, (G.S. 143-215.6B(h)), and to falsify information required under article 21 of
chapter 143 of the General Statutes (G.S. 143-215.6.B(i)).
(2) Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit
issued hereunder, the town manager, through the town attorney, may petition the superior court of
justice for the issuance of a restraining order or a preliminary and permanent injunction which
restrains or compels the activities in question.
(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 recommence, at the user's expense, after it has satisfactorily demonstrated ability
to comply.
(4) Public nuisances. Any violation of the prohibitions or effluent limitations of this article or of a permit
or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as
directed by the town manager. Any person creating a public nuisance shall be subject to the
provisions of the appropriate ordinances of the town governing such nuisances, including
reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.
(Ord. of 5-12-2008, § 8.3)
Sec. 22-294. Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The town manager may take any, all, or any
combination of these actions against a noncompliant user. Enforcement of pretreatment violations will
generally be in accordance with the town's enforcement response plan. However, the town manager may take
other action against any user when the circumstances warrant. Further, the town manager is empowered to
take more than one enforcement action against any noncompliant user.
(Ord. of 5-12-2008, § 8.4)
Sec. 22-295. Annual publication of significant noncompliance.
At least annually, the town manager shall publish in a newspaper of general circulation that provides
meaningful public notice within the jurisdictions 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.
(Ord. of 5-12-2008, § 9)
Secs. 22-296—22-323. Reserved.
DIVISION 8. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS

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Sec. 22-324. 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 up set shall demonstrate, through properly
signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause of the upset;
(2) The facility was at the time being operated in a prudent and work man-like manner and in
compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the town manager within 24 hours of becoming
aware of the upset (if this information is provided orally, a written submission 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.
(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 nece ssary 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.
(Ord. of 5-12-2008, § 10.1)
Sec. 22-325. Prohibited discharge standards defense.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance
with the general prohibitions in section 22-119 or the specific prohibitions in sections 22-119, division 3 of this
article, and divisions 6 through 8 of this article 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 co nstituents from
the user's prior discharge when The town was regularly in compliance with its NPDES permit, and
in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(Ord. of 5-12-2008, § 10.2)

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Sec. 22-326. Bypass.
(a) Conditions for allowing bypass. 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 ensure efficient
operation. These bypasses are not subject to the provision of subsections (b) and (c) of this section.
(b) Notice.
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the town manager,
at least ten days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the town manager of an unanticipated bypass that exceeds
applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five days of this time the user becomes aware of
the bypass. The written submission shall contain:
a. A description of the bypass and its cause;
b. 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
c. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The town manager may waive the written report on a case -by-case basis if the oral report has been received
within 24 hours.
(c) Exceptions.
(1) Bypass is prohibited, and the town manager may take an enforcement action against a user for a
bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and
c. The user submitted notices as required under subsection (b) of this section.
(2) The town manager may approve an anticipated bypass, after considering its adverse effects, if the
town manager determines that it will meet the three conditions listed in subsection (c)(1) of this
section.
(Ord. of 5-12-2008, § 10.3)
Secs. 22-327—22-355. Reserved.
ARTICLE V. OIL AND GREASE CONTROL
Sec. 22-356. Scope and purpose.
The purpose of this article is to aid in the prevention of sanitary sewer blockages and obstructions from
the contributions and accumulation of fats, oils, and greases into said sewer system from industrial,
commercial, and institutional establishments, particularly food preparation and serving facilities.

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(Prior Code, ch. VIII, § 10(A))
Sec. 22-357. Definitions.
The following words, terms and phrases, when used in this article have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
Cooking establishments means those establishments primarily engaged in activities of preparing, serving,
or otherwise making available for consumption foodstuffs and that use one or more of the following
preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie
cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared
heating, searing, barbecuing, and any other food preparation activity that produces hot, nondrinkable food
product in or on a receptacle that requires washing.
Fats, oils, and greases means organic polar compounds derived from animal and/or plant sources that
contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using
analytical test procedures. All are sometimes referred to herein as "grease" or "greases."
Grease trap or interceptor means a device for separating and retaining waterborne greases and grease
complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment
system. These devices also serve to collect settleable solids, generated by and from food preparation activities,
prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease
traps and interceptors are sometimes referred to herein as "grease interceptors."
Minimum design capacity means the design features of a grease interceptor and its ability or volume
required to effectively intercept and retain greases from grease -laden wastewaters discharged to the public
sanitary sewer.
Noncooking establishments means establishments primarily engaged in the preparation of precooked
foodstuffs that do not include any form of cooking. These include cold dairy and frozen foodstuffs preparation
and serving establishments.
User means any person, including those located outside the jurisdictional limits of the town, who
contributes, causes or permits the contribution of discharge of wastewater into the publicly owned treatment
works (POTW), including persons who contribute such wastewater from mobile sources, such as those who
discharge hauled wastewater.
(Prior Code, ch. VIII, § 10(B))
Sec. 22-358. Violations and penalties.
(a) Any user failing to submit the grease trap service record, due by the first of each month, to the town by
the seventh day of the month, may be fined $100.00 per week until said document is submitted.
(b) It shall be a violation of this article for any user to allow floatable oils, fats, or greases to ente r the town's
wastewater collection or treatment system, in excess of the limits outlined in section 22 -359(c), because
of grease interceptors or other grease handling facilities being inadequately serviced or maintained.
(c) Users receiving unsatisfactory evaluations during inspections may be required, at the user's expense, to
sample its grease interceptor discharge and have it analyzed for oil and grease. Results of such analyses
shall be reported to the town.
(d) Any user found to be in violation shall be notified in writing of any noncompliance and will be required
to provide a schedule whereby corrections will be accomplished. user's known to be in violation shall be
subject to fines of $500.00 per day until actions are taken to prevent said violations from recurring.
(e) Users who continue to violate this article may be considered for discontinuance of sewer services.

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(f) Users whose operations cause or allow excessive grease to discharge or accumulate in the town
wastewater collection and treatment system may be liable to the town for costs related to service calls
for sewer line blockages, line cleaning, line and pump repairs, etc. including all labor, materials, and
equipment. Failure to pay all service related charges may also be grounds for sewe r service
discontinuance.
(Prior Code, ch. VIII, § 10(D))
Sec. 22-359. Grease interceptor maintenance; recordkeeping; grease removal.
(a) Grease interceptors shall be installed by users as required by the town. Grease interceptors shall be
installed at the user's expense, when such user operates a cooking establishment. Greas e interceptors
may also be required in noncooking or cold dairy and frozen foodstuffs establishments and other
industrial, commercial, or institutional establishments when they are deemed necessary by the town for
the proper handling of liquid wastes containing grease.
(b) No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 325
milligrams per liter, as identified by EPA method 1664 or 275 milligrams per liter, as identified by EPA
method 413.
(c) All grease interceptors shall be of a type, design, and capacity approved by the town and shall be readily
and easily accessible for user cleaning and town inspection. No grease interceptor shall be less than 1,000
gallons total capacity unless otherwise approved by the town.
(d) All grease interceptors shall be subject to review, evaluation, and inspection by the town during normal
working hours. Results of in inspections will be made available to facility owner, lease -holder, or operator.
The town may make recommendations for correction and improvement.
(e) All such grease interceptors shall be serviced and emptied of accumulated waste content as required in
order to maintain minimum design capability or effective volume of the grease interceptor, but not less
often than every 30 days.
(f) Users who are required to pass water through a grease interceptor shall:
(1) Provide a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the
calculated theoretical peak flow rate as predicted by th e Uniform Plumbing Code fixture criteria,
between the influent and effluent baffles with 20 percent of the total volume of the grease
interceptor being allowed for sludge to settle and accumulate, identified hereafter as "sludge
pocket."
(2) Remove any accumulated grease cap and sludge pocket as required, but at intervals of not longer
than 30 days at the user's expense. Grease interceptors shall be kept free of inorganic solid materials
such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle
into the sludge pocket and thereby reduce the effective volume of the grease interceptor.
(3) Accept the following conditions: If any skimmed or pumped wastes or other materials removed
from the grease interceptor are treated in any fashion on site and reintroduced back into the grease
interceptor as an activity of and after said onsite treatment, the user shall be responsible for the
attainment of established grease numerical limit consistent with and contained in subsection (c) of
this section on all discharges of wastewater from said grease interceptor into the town's sanitary
sewer collection and treatment system.
(4) Operate the grease interceptor in a manner so as to maintain said device such that attainment of the
grease limit is consistently achieved. The term "consistent" shall mean any wastewater sample
taken from said grease interceptor shall be subject to terms of numerical limit attainment described
in subsection (c) of this section. If an establishment desires to use an alternative to an out -of-

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building grease interceptor, because of documented space restraints, the request for an alternative
location shall contain the following information:
a. Location of town sewer main and easement in relation to available exterior space outside
building.
b. Existing plumbing at or in a site that uses common plumbing for all services at that site.
(5) Understand and agree that: The use of biological additives as a grease degradation agent is not
permitted.
(6) Understand and agree that the use of automatic grease removal systems is conditionally
permissible, upon prior written approval by the town. Any establishment using this equipment shall
operate the system in such a manner that attainment of the grease wastewater discharge limit
outlined in subsection (c) of this section, as measured from the unit's outlet, is consistently
achieved.
(7) Understand and agree that: The town reserves the right to make determinations of grease
interceptor adequacy and need, based on review of all relevant information regarding grease
interceptor performance, facility site and building plan review and to require repairs to,
modifications, or replacement of such traps.
(8) Understand and agree that: A minimum of once per year, the town will conduct an inspection of the
user's grease interceptor. The town will coordinate with the user during regular monthly pumping
to inspect the condition of the grease interceptor walls, bottom, top, cover, inlet and outlet pipes,
and baffles.
(g) The user shall submit a grease trap service record form provided by the town to the town on the first day
of each month. The user shall maintain a written record of trap maintenance for three years. All such
records will be available for inspection by the town at all times.
(h) No non-grease-laden sources are allowed to be connected to sewer lines intended for grease interceptor
service.
(i) Except as provided herein, for a period of three months following adoption of this article, although
installation and maintenance of grease interceptors will be required, no enforcement actions will be taken
under this article for failure to achieve limits on grease discharges from said grease interceptors. If, during
this three-month period an obstruction of a town sewer main occurs or a sewer lift station problem occurs
that causes a sewer overflow to the extent that an impact on the environment is realized and that said
overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or
in whole to an accumulation of grease from your establishment in the town's sewer main or lift station,
the town will take appropriate enforcement actions and may hold the responsible user liable for costs
related to service calls for sewer line blockages, line cleaning, line and pump repairs, fines, etc., including
all labor, materials, and equipment.
(j) Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and
sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained
to prevent water inflow and infiltration. The manholes s hall also have readily removable covers to
facilitate inspection, grease removal, and wastewater sampling activities.
(Prior Code, ch. VIII, § 10(C))
Sec. 22-360. Existing facilities.
(a) All existing cooking establishments shall have grease interceptors approved by the town. Cooking
establishments without grease interceptors will be given a compliance deadline not to exceed six months
from the date of the ratification of this article.

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(b) Failure to comply will be considered a violation of this article and such facilities may be subject to
penalties and corrective actions. Said installations shall meet the same requirements for design a s new
facilities.
(c) In the event an existing cooking establishment's grease interceptor is either under -designed or
substandard in accordance with this policy, the owner will be notified in writing of the deficiencies and
required improvements, and given a compliance deadline not to exceed six months to conform with the
requirements of this article.
(Prior Code, ch. VIII, § 10(E))
Subpart B LAND USE REGULATIONS