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HomeMy WebLinkAboutWQCS00294_Response to CEI Report_20241029MAYOR Byron James McAllister MAYOR PRO-TEM Joe Scarboro COUNCILMEMBERS Amy West Whitley Susan Parrish Watson William Overby INTERIM TOWN MANAGER Phillip McDaniel TOWN CLERK DfA Dalton Larsen -Batten TOWN ATTORNEY Alan "Chip" Hewett TN OSSROADB OF TRADITION AMP 1KN Selma Response to Compliance Evaluation Inspection Report Permit No. WQCS00294 Violations. 1. Contingency Plans have been updated. This plan is present at all 19 Lift Stations, Water Plant, and in Clerks Office. A copy is attached. 2. The High Priority Line inspection book is available at the water sewer department and was present the day of the inspection. Mr. Wall was not aware of its place. The book goes back to 2009 and is updated with each inspection performed by Staff. Items of Concern. 3. Permit was on file; Mr. Wall was unaware of its location. The permit is now displayed in the Water Sewer Office. 4. A Sewer use Ordinance is in place and available for review in Town of Selma's Municide section of our web -site at Selma- nc.com. for reference the code is Sec 16-191 5. A FOG Ordinance will be adopted by the Council in the November Town Council Meeting. 6. The Capital Improvement Plan was completed by our Staff and Engineers in November of 2023. This was implemented with our Sewer AIA Project. 7. A binder of all sewer work orders including sewer inspections, maintenance, operational logs are available at the water plant. Mr. Wall was not aware of their location. 8. Again, these are in a binder at the water plant and available for inspection. 9. Sewer maps were updated with the 2023 AIA that includes size, material, and Pump Station Capacity. 10. APR 11. AR pump stations will be updated to 919-934-9411 by November 30 12. All water alarm levels will be tested and repaired by November 30. 13. Sewer Staff will inspect every 30 days and operate a vac truck as needed until conditions improve. Phi 'p c aniel Interi own Manager Town of Selma 114 N. Raiford Street • Selma, NC 27576 • P: (919) 965-9841 • F: (919) 965-4637 • www.selma-nc.com Mayor Byron James McAllister Interim Town Manager Phillip McDaniel Mayor Pro-Tem Joseph Scarboro Councilmembers Amy West Whitley Susan Watson William Overby w Algol f � A 1 Pump Failure Plan Town Clerk Dalton Larsen -Batten Town Attorney Alan "Chip" Hewett • Notify Supervisor of pump failure • Pull pump and inspect for damage clean motor plate so that spare pump can be matched up from the warehouse • If no spare pump for that station is available prepare to use trailer pump and bypass valves • If pump trucks are needed, we have emergency contacts for 10 local companies available for pump and haul until the problem can be resolved • A+ (919)894-1919 • Stay Clean (919)427-1623 • Klebs (919)938-3116 • Johnsons Septic (919) 369-7602 • Baileys (919)934-9455 • Hardees (919)934-9455 • Adels (919)989-6741 • Adels (919)553-9659 • Mitchell's (252)243-2226 • Greenway Solutions (919)605-7024 10WithersRavenet Our People. Your Success. Model Documentation Report Summary of process used to structure data for Town of Selma, North Carolina Sewer Lifecycle Model July 2023 A. Introduction This document lists the tasks performed to prepare Town of Selma's Sewer Lifecycle Models in Capital Predictor software using the Town's GIS data and WithersRavenel's subject matter experts involved in Selma's AIA project. Separate lifecycle models were built for the different components of the Town's sewer system which include water mains and lift stations as their GIS datasets are separate as well as the treatment that's applied to each. B. Preparing your Data We utilized the Town's GIS data to model the assets within the Town's sewer system. WithersRavenel requested that additional data be added to the Town's GIS that was required to develop an accurate model within Capital Predictor. Those new data fields are listed below. Sewer Mains • INFT - Calculated by multiplying the length of the pipe by diameter. The estimated treatment costs are based on In*ft measurements therefore the estimated cost to treat each pipe is unit cost multiplied by In*ft. • Rehab_Type - The last rehab treatment that was performed on the main. • PropCDBGYr - The proposed year to rehab the main using CDBG funding. • Condition - Condition of the pipe was estimated based on the pipe's material and diameter. For gravity mains, the following criteria was used to determine condition: Primary Method Secondary Method Condition CCTV Analysis GIS Analysis Failed Assets that have failed and are no longer contributing to the system Poor Grade 4 or Grade 5 Material: VCP and Structural Defect Observed Diameter: Less than 8-inch, Greater than 12-inch Fair Grade 2 or Grade 3 Material: CONC, VCP and Structural Defect Observed Diameter: 8-inch, 10-inch, and 12-inch Good Grade 1 Structural Defect Material: CONC, DIP, PVC, RCP, TRUSS and Observed Diameter: Less than 8-inch, Greater than 12-inch Excellent Zero Structural Defects Material: DIP, PVC, RCP, TRUSS and Observed Diameter: 8-inch, 10-inch, and 12-inch 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10WithersRavenet Our People. Your Success. For force mains, the following criteria was used to determine condition: Condition GIS Analysis Failed Assets that have failed and are no longer contributing to the system Poor Material: VCP and Diameter: 8-inch and 10-inch Fair Material: VCP and Diameter: 2 to 6-inch Good Material: DIP and PVC and Diameter: 8-inch and 10-inch Excellent Material: DIP and PVC and Diameter: 2 to 6-inch Cond-No. - Scale from 1-5 based on the mains Condition rating. (5 - Excellent, 4 - Good, 3 - Fair, 2 - Poor, 1 - Failed) Lift Stations Age - The age of the lift station based on the construction year. Expected -Life - The estimated life expectancy for each lift station. • Remaining Life - Calculated by subtracting the age from the life expectancy then dividing by the life expectancy to determine the percentage of remaining life that asset has remaining before it reaches end of life. C. Establish the Unit of Measure The Unit of Measure is a foundational metric whereby the value of the assets is calculated. For Selma's sewer mains the line's calculated "In*ft", which is the pipe's length multiplied by the diameter, is used as the unit of measure as these treatment costs are based on length and diameter of the pipe. For lift stations, a value of 1 is entered as the unit of measure as a predetermined estimated cost is added to Capital Predictor as the Treatment Unit Cost for each individual lift station. D. Establish Expected Lives Life Expectancy and Condition are factors of deterioration rates and thereby a key element in a life cycle model as it influences when assets will be replaced. For Selma, using Life Expectancy or Condition was determined by the data available. A life expectancy of 20 years was given to all lift stations and the following life expectancies are estimated based on the main's pipe material. Sewer Main Material Expected Life Asbestos Cement 75 years Cast Iron 50 years Concrete 75 years Ductile Iron 100 years Polyvinyl Chloride 100 years Reinforced Concrete 100 years Reinforced Plastic Truss 100 years Vitrified Clay 50 years 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10WithersRavenet Our People. Your Success. E. Treatment We ran a "run to failure" model which predicts the end of life for each asset and then calculates the replacement costs of all assets due for replacement each year. Each model was uniquely configured and the treatments for each model are highlighted below. The Sewer Mains model has the following treatments, rehab gravity main, replace gravity main, replace force, and then treatments for CDBG funding for 2025, 2028, and 2031. The estimated cost to rehab a gravity main is $22 per inch*foot which includes the cost to rehab the manhole as well. To replace a gravity main, the estimated cost is $25 per inch*foot. The estimated cost to replace a force main is $21 per inch*foot. The Lift Station model has one treatment for replace lift station which is based on the life expectancy of the main. The estimated cost to replace a lift station differs between each location. The following replacement costs were used for each lift station: Lift Station Name Estimated Replacement Cost King Circle $600,000 Jones and Massey $600,000 Industrial Drive $300,000 Citgo Station $300,000 Cracker & Graham Street $500,000 Gurley Feed Mill $300,000 Campground Road $450,000 Sadisco Street $300,000 East Oak Street $300,000 Redwood Drive $400,000 Lizzie Street $350,000 Douglas Court $350,000 North Webb Street $350,000 Selma Trailer Park $450,000 School House $450,000 Brack Wilson Park $750,000 Triad Station $450,000 Dept. of Corrections $650,000 Sysco Station $400,000 F. Treatment Criteria The established Treatment Criteria is what triggers the asset for treatment in the model. The Treatment Criteria set up for Selma's sewer model is based on the asset's remaining life or condition. For the Sewer Mains model, the model will trigger a Rehab for Gravity Mains when the main reaches Poor or worse condition and only if the main has not yet been lined or rehabbed previously. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10 WithersRavenel Our People. Your Success. ■ Rehab Gravity Main - Rehab Line Triggers for Service Critena 0 Sennce State Natiue Sde 6ervire Name NIA State 0 State 1 State 2 State 3 State 4 State S End of Lit Ll=—t) (Good) ka) (Poor) 1 Conditon ❑ 1 ElEl ❑ ❑ 2 2 M o x Triggers for Treatment Filters Treatment Fltr Name NJA Label 1 Label Land 3 Land 4 Land 5 Labe' 6 Labe' 7 trio Rdrab] Qned) Main Type ❑ e ❑ ❑ ❑ ❑ ❑ ❑ 17, x t Lined Material M M ❑ ❑ ❑ ❑ ❑ ❑ 0 x Previous Rehab 2 ❑ ❑�/ ❑ ❑ ❑ ❑ ❑ e x COnG Year e ❑ ❑ ❑ M M M M x Figure 1 Treatment Criteria for rehabbing a gravity main based on condition Replacing a Gravity Main will trigger when the main reaches Poor or worse condition and has been rehabbed previously either indicated as Lined in the pipe's material or has a previous rehab listed in the GIS. ■ Replace Gravity Main - Replace Line (Lined Material) Triggers for Service Criteria 0 Service State =— Native Scale Service Name Nil state 0 Scat 1 `cage 2 State 3 State 4 state 5 End of Life (Excellent) (Good) (Fair) (Poor) t conditon ❑ ❑ ❑ ❑ ❑ ❑J M M x Triggers far T—Arnett Filters Treatment Filter Name NJA Label 1 Label 2 Labe' 3 Label 4 Labd 5 Label 6 Label 7 (Gravity) (Form) r Main Type ❑ ❑J ❑ ❑ ❑ ❑ ❑ ❑ x Arad Material ❑ ❑ M ❑ ❑ ❑ 1 ❑ ❑ w' x Previous Rehab M M M M M M M M x cDEG Year M ❑ ❑ ❑ M M e M x Figure 2 Treatment Criteria for replacing a gravity main based on condition and the pipe's material ■ Replace Gravity Main - Replace Line (Prior Rehab) Trigg ers; gers for Service Criteria Service State Native Scale Service Name MIA State 0 State 1 state 2 state 3 state 4 state 5 End of Life (Excellent) (Good) OFa) (Poor) r Condticn ❑ I ❑ I ❑ I ❑ I ❑ 1 M e e Tril for Treatment Fillers Treatment Filter Name MIA Land 1 (Gravity) Labe' 2 (Force) Label 3 Label 4 Labd 5 Label 5 Labd 7 r Main Type Lined Material Previous Rehab C06G Year ❑ ❑J ❑ ❑ ❑ ❑ ❑ ❑ J x M M M M M M M M 11 x ❑ M ❑ ❑ ❑ ❑ ❑ ❑ x e El El El M M M J x Figure 3 Treatment Criteria for replacing a gravity main based on condition and the pipe's previous rehab treatment 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10WithersRavenet Our People. Your Success. Replacing a Force Main will trigger when the main reaches Poor or worse condition. ■ Replace Force Main - Replace Force Main Triggers for service Criteria O Service state = Native smle Service Name NjA sit 0 smt 1 It.. 2 smt 3 smt 4 sit 5 End of Life (Excellent] (Good] (Fair] (Poor] r Condib- ❑ ❑ ❑ ❑ ❑ 0 0 0 Triggers far Treat.nerrt Fillers ireatent Filter Name NjA (Gbd I Label Lam 3 Labd 9 L.&d S Labd 6 L.a6d 7 t Main Type I ❑ i ❑ I ❑J I ❑ 1 ❑ 1 ❑ I❑ ❑ Lined Material 0 1 2 0 2 2 2 2 0 x Previous Rehab o 0 0 0 0 0 0 0 x CDFG Year o I 0 0 0 0 0 0 0 77 Figure 4 Treatment Criteria for replacing a force main based on condition Replacing a Lift Station will trigger when the lift station reaches end of life based on a 20 year life expectancy. G Replace Lift Station - Replace Lift Station Triggers for Service Criteria Servroe State � Native Smle servim Name NfA Smt 0 State 1 slat 2 State 3 State i State 5 nLie r Remaining Lit ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑J = 1i Figure 5 Treatment Criteria for replacing a lift station based on remaining life G. Proposed Upcoming CDBG Projects We incorporated potential upcoming CDBG funded projects in the model to account for that additional funding and to see how those projects would impact the overall condition of Selma's sewer system along with how it would impact the annual recommended budget. Displayed below are the three proposed CDBG projects for years 2025, 2028, and 2031. A estimated budget of $3 million was allocated towards each project. • - CDBG projects that are currently underway • Blue Mains - Proposed CDBG project for 2025 • Teal Mains - Proposed CDBG project for 2028 • Red Mains - Proposed CDBG project for 2031 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10 WithersRavenel Our People. Your Success. H. Service State based on Age and Condition Another key factor in a Life Cycle Model is the Service State of the asset, often expressed in terms of Condition. Capital Predictor utilizes a standardized 0 to 6 Service State to assign where assets are on their lifecycle degradation curve. Two degradation curves were selected, one to represent the remaining life of the asset, and the other to represent condition. The Generic Life Cycle Profile was selected for Selma's remaining life degradation profile to illustrate that their assets degrade evenly over time. The following breakpoints (labeled Native Scale below) have been assigned to those standardized ranges based on the asset's remaining life. This degradation profile was used in the Lift Stations model. Profile Details Service State Remaining Life {%) Q So Ace Potential Native Scale m ► State 0 100% 100% IN State 1 83% 83% 83 State 2 67% 67% 67 State 3 50% 50% 50 State 4 33% 33% 33 State S 17% 17% 17 End of Life 0% 0% 0 Service State f RL Sire Sta. f SP Sire Sta. INS NS I E SP j R seats o state 1 seatez .'9 to State3 v � State9 States State EOL 100 H Eu 70 50 50 40 30 20 10 0 Remaining Life (%) Figure 5 Remaining Life to Service State Assignment Table and Degradation Profile A custom degradation profile was created for Selma's condition scale. An asset with an Excellent condition rating will be considered Service State 1 with 99% remaining life, Good assets are Service State 2 with 75% remaining life, Fair assets are Service State 3 with 50% remaining life, and Poor assets are Service State 4 with 25% remaining life. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10 WithersRavenel Our People. Your Success. Profile Details i Service State Remaining Life (%) State 0 State 1 State 2 State 3 State 4 State 5 End of Life (K) Service Potential (%) 100 % 999E 75 % 509E 25% 10% 0% (D I Native Sde (D 100 % 6 99 % 5 75 % 4 50 % 3 25 % 2 10% 1 0% 0 ��„�5�rt� s�5,atersP Se,���smterNs Nsr� SPr� state a State 1 Stzte2 ZI Q� State3 N Rate State 5 Sate EOL 100 00 30 70 60 5D 40 SD 20 10 0 Remaining Life (%) Figure 6 Condition to Service State Assignment Table and Degradation Profile 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10WithersRavenet Our People. Your Success. Model Results Narrative Selma, NC Sewer Models July 2023 A. Introduction The Life Cycle Model created for Selma's Sewer System utilized the Town's GIS data which contains condition and/or estimated life expectancy. A technical explanation of how this data was used to develop the model may be found in the accompanying Model Documentation Report. Separate models were built for each component of the systems and the following Model Scenarios (aka Simulations) were created: Sewer Mains 1. No Funding 2. $100,000 3. $100,000 w/$10K increase 4. $100,000 w/$50K increase 5. Calibration Lift Stations 1. No Funding 2. $250,000 3. $250,000 w/$25K increase 4. Calibration These budget scenarios are preliminary and may be subject to change. The sewer mains scenarios were carried out for a 100 year timeframe to account for their lengthy life span, whereas lift stations were carried out for a 50 year timeframe. The Calibration budget is used for the purposes of calibration and shows the model results as if there were no caps on available funding. B. Overview of Results Sewer Mains The simulation called $100,000 w/$10K increase was determined to be an effective model as it keeps up with the costs to maintain and replace over the next 100 years. The light blue represents unlimited funding which shows there's a $3.4 million backlog of mains that are either due or past due for treatment. By allocating $100,000 and increasing that budget by $10,000 each year (teal) the model indicates that it is able to keep up with recommended treatments and chip away at that backlog over the next 100 years. One thing to note for Sewer Mains is there are 56 gravity mains that exceed the budget of $100,000 to rehab or replace, as well as 10 force mains that exceed the budget to replace. The model must reserve unused funds over time to treat accordingly. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10 WithersRavenel Our People. Your Success. I�e-coat /Y-osl (overallservice Index) 9MM Stale C O 7.9OM Stale 1 N =1110O 6MM Stale 2 1. 0 4.9OM Stale 3 rr U Z 300M 5-4 1.50M Stale 5 Q V 0.00 EOL 0 3 6 9 12 1S 13 21 2d 27 30 33 36 39 42 45 43 51 54 57 60 63 56 69 72 7S 7S 81 34 87 90 93 96 99 Year usememnenelovto�elexwnr�nam��i�man�wintneoprvie matt. View All © Ready® In -Progress O Failed O REFRESH A_. LITE ADVANCED SIMULATIONS START DATE LAST UPDATED Report SYaa• r.Pat4mc ❑ NOFunding-over100y 26/08/2021 12/07/2023 RepotReady• Report Ready• .• ❑ 8100K W810K increase -over 100 y 26JO812021 12/07/2023 Report Ready • Repo. Ready • .- ❑ $100 K.1$50K increase -over 100y 26/08/2021 12/0712023 Report Ready• Report Ready■ .• ❑ $100K-ove110Uy 26/08/2021 1210W=3 Report Ready• Report Ready• •• ❑ Calibra<ion-overlCOy 26/08/2021 12107/2023 Report Ready• Report Ready■ .• Figure 1 Simulation Comparison comparing the Sewer Main overall service state over 100 years given each budget scenario. Lift Stations The simulation called $250,000 w/$25K increase was determined to be an effective model as it keeps up with the costs to replace lift stations over the next 50 years. The light blue represents unlimited funding which shows a backlog of $3.4 million of lift stations that are past their expected life. By allocating $250,000 and increasing by $25,000 each year (yellow) the model is reserving unused funds to replace accordingly in upcoming years. Using this budget strategy, the backlog is eliminated by year 18. 1�1-coat JY-96I (Overall service Index) 3.6C11 - Stale o O LOOM Stale 1 u, O 2dIXN 51- 2 1.SIXN Stale 3 'r U 12IXN Staled � EilR00K Sm[e 5 � N L I IL I I L if, I V OW EOL 0 2 4 6 S 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 4 42 U 46 48 50 Year �' lleethetade belowmeeleet which amula�immahow in the O.erviek char. View Ally Ready In -Progress FailedO REFRESHA... SIMULATIONS START DATE LASTUPDATED LITE ADVANCED ❑ NOFun0ing-over50y 2WOB12021 1VO712023 Repo. Ready. Reporc Ready. •• $250Kw1$25Kintxease-over50y 2W0812021 - 07/07/2023 Repo. Ready. Reporc Ready• •• ❑ $250K-over50y 2W0812021 O610712023 Repo.Ready■ ueporc Ready■ •• ❑ Calibration - over 50 y 2W0812021 O6/07/2023 Repo. Ready • Reporc Ready • •• Figure 2 Simulation Comparison comparing the Lift Station overall service state over 50 years given each budget scenario. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington 10WithersRavenet Our People. Your Success. C. Calibration Calibration of the model was conducted to validate that the model triggers the expected treatments without any budget caps in place. All models were validated with the Calibration model and then additional budget scenarios were run. D. Treatment Costs Predictor utilizes an optimization engine that selects the treatment of each asset based on the estimated life expectancy and/or condition data provided. The below charts show the recommended treatment costs required over the 40 year period for each model with no budget restraints in place. Treatment CDst by Yearand Treatment Name Grd1 Treatment Name GCDBG 2025 4r.1 o CDBG 2028 o _ CDBG 2031 2r.1 Rehab Gravity Main *Replace Force Main OM Replace Gravity Main Year Figure 3 The treatment costs for the Sewer Mains model selected over a 40 year period Treatment Cast by Year and Treatment Name 3r,1 2M 101 Treatment Name 0 Replace Lift Station rd OM 1 , ' ■' , ' 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 32 33 34 35 36 37 38 39 40 Year Figure 4 The treatment costs for the Lift Stations model selected over a 40 year period E. Further investigations & Next Steps It is encouraged to continue to evaluate your asset data and to continue to keep it updated in Capital Predictor. We also encourage the Town to explore additional budget scenarios to determine the optimal amount to maintain the sewer system at the desired service state. We encouraged you to continue to work with the life cycle model, continue to collect asset data, and to consult with WithersRavenel Consultants to further refine your models, create additional scenarios, enhance reporting and similar activity. The goal is to integrate the life cycle model into the Town's capital planning process. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington TABLE OF CONTENTS Introduction....................................................................................................................................................... 1 RevenueRequirement..................................................................................................................................... 2 FinancialHistory............................................................................................................................................... 3 CapitalImprovements Plan............................................................................................................................ 5 Debt Service Requirements........................................................................................................................... 7 FinancialAnalysis...........................................................................................................................................10 Outcomes........................................................................................................................................................15 Conclusions.....................................................................................................................................................16 TABLES AND CHARTS Table 1 Revenue Requirement..................................................................................................................... 2 Chart 2 FY 2018 - 2022 Revenues vs Expenditures............................................................................... 3 Chart 3 FY 2018 - 2022 Unrestricted Net Assets................................................................................... 4 Table 4 Capital Improvements Plan............................................................................................................ 6 Table5 Existing Debt Service....................................................................................................................... 8 Table 6 Proposed Debt and Grant Packages............................................................................................. 9 Table7 Financial Analysis...........................................................................................................................11 Chart8 Days Cash on Hand.......................................................................................................................13 Chart 9 Projected Revenues and Expenditures......................................................................................14 Town of Selma Sewer CIP and Financial Analysis Study Introduction The Town of Selma (Town) engaged WithersRavenel to create a long-term capital and financial plan for its Sewer Fund, as part of its Asset Inventory and Assessment (AIA). This plan is utilized to evaluate and enhance decision making and to ensure there is sufficient funding for the program's needs. This report documents the resultant findings and analysis with future revenue projections. The sewer utility was established in the 1960s and currently serves a population of approximately 3,000. The Town directs wastewater to the Johnston County collection system that treats flow at the Central Johnston County Regional Wastewater Facility and discharges into the Neuse River. The Town operates the sewer fund as a separate self-supporting enterprise, with revenues and expenditures accounted for separately from its General and Water funds. WithersRavenel assisted the Town in creating and prioritizing its Capital Improvements Plan (CIP) and reviewed the order and timing in which projects should occur. In addition to the CIP, the analysis addresses financing and future sewer revenue needs for the Town of Selma. In conducting this study, WithersRavenel examined usage projections and projected the financial impact changes would have on the fund and its users. The following objectives were identified for the study: • Assist the Town with creating a 10-year CIP for the sewer fund and summarize capital funding assumptions. • Create a 10-year financial analysis of the fund. • Determine the adequacy of existing charges to recover current and future operating and capital costs. • Assess the implications of projected financial trends for user rates, reserves, and fund balances. Certain assumptions have been made with respect to conditions that may occur in the future. While these assumptions are reasonable for the purposes of this study, they are dependent upon future events and actual conditions may differ from those assumed. In addition, information has been used and relied upon which has been provided by others. This information includes, among other things, audited financial statements and annual operating budgets. While this information is deemed reliable, the information has not been independently verified and no assurances are offered with respect thereto. To the extent that actual future conditions differ from those assumed herein or provided by others, the actual results may differ from those anticipated. This analysis addresses revenue requirements, the financial analysis, the CIP summary, debt service requirements and packages, and presents findings and conclusions. Page 1 Town of Selma Sewer CIP and Financial Analysis Study Revenue Requirement The revenue requirement for the sewer fund consists of the costs required to assure the adequacy and continuity of safe and reliable services, and includes costs associated with operations, maintenance, financing of capital improvements, and replacement of facilities. The determination of the fund's revenue requirements was made in a manner consistent with standard accounting and American Water Works Association (AWWA) utility rate -making principles. The revenue requirement for the system consists of the following cost components: • Operating Expenses: The operation costs, equipment, utilities, sewer treatment costs, purchased services, and other expenses necessary to operate the system and maintain the facilities. Also included are the costs incurred from staffing the system. These costs consist of items such as salaries, retirement programs, insurance plans, and other benefits for the employees. • Capital Outlay: One-time expenses paid with available funds to purchase items such as equipment, facility improvements, and additions. • Debt Service: The annual payments of principal and interest to pay back funds used for past finance capital projects. The total of all the above items is the required revenue for the fund and is shown in the following table for the last audited fiscal year, FY 2022. These figures serve as the basis for helping project the financial status of the fund in the future. TABLE 1 Revenue Requirement CATEGORY FY 2022 COST OPERATIONS AND MAINTENANCE $ 2,394,455 CAPITAL OUTLAY $ 170,189 DEBT SERVICE $ 120,922 TOTAL $ 2,685,566 Page 2 Town of Selma Sewer CIP and Financial Analysis Study Financial History In conducting the financial analysis, the Town's audited financial statements from FY 2018 through FY 2022 were compiled along with the Year -to -Date and Budget reports for FY 2023 and FY 2024. Non -recurring capital outlays were separated from other expenditures to ensure the costs used for projections were consistent with prior years. Historical trends for each of the line items were analyzed to anticipate how each revenue and expenditure would change over the next ten (10) years. As shown in Chart 2, the sewer fund revenues have exceeded their expenditures before accruals two (2) of the past five (5) years. The three (3) years of losses were primarily due to increases in sewer treatment charges. Chart 2 FY 2018 - 2022 Revenues vs Expenditures 4.500,cU0 4.WO COO $3.882,192 3,500,000 3p00,000 2,500,000 $2,143,286 2,000,000 11500,000 100,000 500,000 0 $2,880,231 2018 2019 2020 2021 2022 TOTAL EXPEN01TMES -TOTALREVENUES Page 3 Town of Selma Sewer CIP and Financial Analysis Study Unrestricted Net Assets have declined during the three (3) years of losses but increased in FY 2022 when the weather was dry, yielding less Infiltration Inflow and sewer treatment charges. Details are shown in Chart 3. 1,000, 000 900,0nn 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 Chart 3 FY 2018 - 2022 Unrestricted Net Assets $988,791 2015 2019 2020 2021 %0i2 After discussions with Town staff, it is assumed that investment income will approximate $25,000, exceeding its FY 2024 budget of $7500 as their year-end FY 2023 total was $23,115. In future years, Town staff concur that sewer revenues will increase by an average annual rate of 1.5%. Other operating revenues are expected to increase by 1.5%. This growth rate is a prudent adjustment of the North Carolina Office of State Budget and Management County growth rate, which projects Johnston County's annual population growth of 3%. Salaries and benefits are projected to increase by an average annual rate of 6% and other operating costs are expected to increase by an average annual rate of 4-5%. Page 4 Town of Selma Sewer CIP and Financial Analysis Study Capital Improvements Plan The Capital Improvements Plan reflects the fund's planned capital improvements for the next ten (10) years. Discussions with Town staff led to the update of the Town's CIP, which includes projects of various priorities totaling approximately $16.8 million. As illustrated in Table 4, there are 22 sewer improvement projects proposed for the fund through FY 2034. Due to the financial hardships that these projects may place upon the fund, the analysis assumes that each improvement is planned to be paid for by grant funds, capital outlay / paygo cash in a specific fiscal year or by new debt issuance resulting in annual debt service payments. It is assumed that the Town will pursue grant funds to pay for $9 million of projects, utilize paygo / cash for $4.3 million of projects, and issue debt for the remaining $3.46 million. The yearly costs exceed $1 million during some years, which may place pressure upon the fund budget. The largest projects include: • $9 million for Rehabilitation and Replacements. • $956,000 for King Circle Lift Station replacement. • $717,000 for School House Lift Station replacement. • $536,000 for Selma Trailer Park Lift Station replacement. Page 5 Town of Selma Sewer CIP and Financial Analysis Study TABLE 4 Capital Improvements Plan PROJECT NAME COST 2024 DOLLARS CUMULATIVE COST 2024 YEAR 1 2025 YEAR 2 2026 YEAR 3 2027 YEAR 4 2028 YEAR 5 2029 YEAR 6 2030 YEAR 7 2031 YEAR 8 2032 YEAR 9 2033 YEAR 10 2034 SEWERIMPROVEMENTS 2025 CDBG-I Rehab Replacement Grant Funded 3,000,000 3,000,000 2028 CDBG-1 Rehab Replacement Grant Funded 3,000,000 3,000,000 2031 CDBG-I Rehab Replacement Grant Funded 3,000,000 3,000,000 W Oak St Sewer Rehabilitation Project 192,000 192,000 192,000 Dixie Dr Sewer Rehabilitation Project 153,000 1 172,000 172,000 W Richardson St Sewer Rehabilitation Project 323,000 385,000 385,000 N Center St Sewer Rehabilitation Project 277,000 350,000 350,000 S Church St Sewer Rehabilitation Project 229,000 306,000 306,000 W Anderson St Sewer Rehabilitation Project 200,000 284,000 284,000 River Rd Sewer Rehabilitation Project 214,000 322,000 322,000 Primrose St Sewer Rehabilitation Project 249,000 397,000 397,000 N Pollock St Sewer Rehabilitation Project 300,000 1 507,000 507,000 N Raiford St Sewer Rehabilitation Project 214,000 383,000 383,000 LIFT STATION REPLACEMENTS Triad Station 450,000 477,000 477,000 North Webb Street 350,000 1 393,000 393,000 Selma Trailer Park 450,000 536,000 536,000 Douglas Court 350,000 468,000 468,000 School House 450,000 717,000 717,000 King Circle 600,000 956,000 956,000 Cit o Station 300,000 507,000 507,000 ROLLING STOCK Dump Truck 180,000 180,000 180,000 MISCELLANEOUS 20,000 279,000 21,000 22,000 24,000 25,000 27,000 28,000 30,000 32,000 34,000 36,000 TOTAL 16,811,000 180,000 3,690,000 587,000 945,000 3,375,000 801,000 312,000 3,352,000 2,102,000 1,048,000 419,000 DEBT FINANCING ANNUAL DEBT FINANCING ANNUAL GRANTS ANNUAL CAPITAL OUTLAY 1l:13111WI(e7 3,467,000 0 0 0 0 0 0 0 0 2,070,000 1,014,000 383,000 9,000,000 0 3,000,000 0 0 3,000,000 0 0 3,000,000 0 0 0 4,344,000 180,000 690,000 587,000 945,000 375,000 801,000 312,000 352,000 32,000 34,000 36,000 Page 6 Town of Selma Sewer CIP and Financial Analysis Study Debt Service Requirements The sewer fund has four (4) outstanding debt obligations in FY 2024. One (1) installment loan will mature in FY 2024 and a Water fund repayment will mature in FY 2027. The remaining two (2) loans issued by the USDA will continue beyond the ten-year planning period to FY 2050. The installment and water loan maturities reduce the annual debt service payments from approximately $189,000 in FY 2024 to approximately $74,000 in FY 2028. Consequently, some financial capacity will become available to the fund. A summary of the existing debt packages is shown in Table 5. Page 7 Town of Selma Sewer CIP and Financial Analysis Study TABLE 5 Existing Debt Service YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 NAME 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 KS BANK INSTALLMENT 2018 41,223 WATER FUND REPAYMENT 75,000 75,000 75,000 50,000 USDA 2013 49,056 49,504 48,930 49,356 49,761 49,145 49,529 48,800 49,254 49,595 48,915 USDA 2016 24,194 24,950 24,688 24,425 24,163 24,900 24,619 24,338 25,056 24,756 24,456 TOTAL 189,473 149,454 148,618 123,781 73,924 74,045 74,148 73,138 74,310 74,351 73,371 Page 8 Town of Selma Sewer CIP and Financial Analysis Study To maintain a positive net income with large capital improvement projects, the analysis assumes that funds will be acquired using borrowed capital. The remaining yearly capital requirements will be paid by cash outlays and grants. Annual average cash outlay thereafter is expected to be approximately $416,000. The planned method to finance the improvements in the CIP is shown in the following table: TABLE 6 Proposed Debt and Grant Packages FISCAL YEAR TYPE PRINCIPAL RATE TERM (YEARS) 2025 CDBG GRANT $ 3,000,000 N/A N/A 2028 CDBG GRANT $ 3,000,000 N/A N/A 2031 CDBG GRANT $ 3,000,000 N/A N/A 2032 INSTALLMENT LOAN $ 3,467,000 5% 15 When including the debt package into the fund's financial analysis, it was concluded that the net income will remain positive over most of the next ten (10) years. Furthermore, net income will abide by General Statue 159-181, which states that net income should not be negative for three (3) or more consecutive fiscal years. Page 9 Town of Selma Sewer CIP and Financial Analysis Study Financial Analysis Each of the columns in the financial model shown in Table 7 represents the Town's sewer fund revenues and expenditures for a specific fiscal year. Revenues and expenditures from past audited years appear in columns on the left side of the table, with adjacent columns on the right showing projections for the current fiscal year and ten (10) additional years thereafter. Each row in the table shows a revenue or expense line item from the audit and/or projections. Revenues are listed at the top of the table followed by operating expenses, capital outlays, and debt payments. Several notable line items are highlighted in yellow including capital outlay, debt, and new revenue sources. Also highlighted is each fiscal year's net income or loss followed by projected Unrestricted Net Position. Highlighted in blue is the adjusted forecast of interest income for FY 2024. The proposed sewer revenue increases for the next ten (10) years are also highlighted in the table. These increases are high enough to yield feasible operations for the funds yet not so high as to create excessive Unrestricted Net Position or Cash balances. Page 10 Town of Selma Sewer CIP and Financial Analysis Study TABLE 7 Financial Analysis 1.5% User Growth TABLE 7 ELMA SEWER FUND FINANCIAL ANALYSIS WITH 1. % USER GROWTH AUDIT AUDIT AUDIT AUDIT AUDIT ESTIMATE ESTIMATE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 2018 2019 2020 2021 2022 1 2023 1 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 034 ■PYfESTMENTS 5,9M 9,292 5,046 604 1,462 23,115 25W 26,000 24,000 24,000 21,000 26,000 27�13DD 34�13DD 42�13DD 53,000 62,000 LOAN PROCEEDS 230,30D 23,625 TRAIN SFER IN 25 97,265 TOTAL PRESENT REVENUES 2,377,OD2 2,722023 2,952,373 3,672,691 3,531,421 3,449,334 3,825,167 3,883,170 3,939,027 3,997,752 4,054,359 4,119,859 4,182,267 4,251,5% 4,322,860 4,398,073 4,472,249 NEW SOURCES OF REVENUE; REVENUE FROM SEWER RATE INCREASES imm 217,,454 446,311 700,091 9M,126 1,182,2D7 1,451,562 1,741,502 2,053,423 2,388,815 2,749,262, PRGJECTED RATE OF INCREASE 6,0% 6,0% 6.0% 5JD% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% TOTAL REVENUES E.XCPEN01TURES ADMINISTRATION 2,377,M2 2,722,027, 2,952,373 3,672,691 3,531,421 3,449,334 3,825,167 4,0%,623 4,385,338 4,697,844 4,986,485 5,3o2,d66 5A6 eRn 5,993,098 6,376,283 6,786,887 7,221,512 SALARIES AND BENEFITS 227,156 18E ,139 222,040 106,136 81,196 154, 333 1565.852 166,263 176, 239 186,813 198,022 209,902, 222,498 235,847 249,993 264,998 284,898 PROFESSIONAL SERVCES 55,144 57,220 59,846 24,958 32,161 20,005 30.000 31,200 32.448 33,746 35,0% 36,500 37,960 39,478 41957 42,699 44,447 UTILITIES 62,865 61,416 66,092, 66,71a 57,806 59,255 60,000 62,400 64.896 67,492 70,192 72,999 75,919 78,956 82,114 85,399 88,815 INSURANCE 46,963 67,765 49,999 39,299 24,154 12,403 16,644 17,310 18,002 18,722 19,471 20,250 21,060 21,902 4778 23,690 24,637 MAINTENANCE AND REPAIRS 101 16 300 0 _ 0 0 4,000 4,200 4,410 4,631 4,862 5,105 5,360 5,628 5,910 6,205 6,516 OTHER 7,731 17,900 235,349 36,387 123,636 37,101 68,750 63,750 68,750 68,750 61,750 68,750 68.750 68,750 68,750 68,750 68,750 OPERATION S _ SALARIES AND BENEFITS 121,133 224,462 217,393 210,409 224,749 204,097 268,825 284,955 3.02,052 320,175 339, 38 5 2,59, 748 381, 333 [__ 4041213 428,466 454,174 481,425 SUPPLIES 6,792 3,462 2,469 5,069 3,592 7,786 7,000 7,2W 7,571 7,874 8,189 8,517 8,857 9,212 9,584 9,963 10,362 MAINTENANCE AND REPAIRS 41,732 58,897 70,665 34,276 19,026 54,723 140, 500 147,525 154,901 162,646 170,779 179, 318 188, 287, 197,698 207,582 217,962 228,860 TRANSMISSIONAND TREATMENT FEE S 1,240,"9 1,811,370 1,878,719 2,154,132 1,647,858 1,551,221' 2,300,000' 2A51,225' 2,612,393' 2,734,153' 2,%7,216' 3,162,311' 3,370,233' 3,591,825' 3,827,988' 4,079,678' 4,347,917 OTHER 22 037 11,927 17,211 782 793 180,277 90 388 185 44e 195,646 206 406 217,753 229 735 242,371 255,701 269,7434 284 601 300 255 316 769 TOTAL OPERATING EXPENDITURES 1,831,703 2,499,574 2,820,084 3,460,472 2,394,455 2,191,329 3,238,017 3,436,753 3,648,068 3,872,765 4,111,697 4,365,TT1 4,635,954 4,923,274 5,228,826 5,553,773 5,899,354 CAPITAL OUTLAY 64,612 264,328 46,666 10%090 170,189 74,341 13opw 690,000 557,000 945,DOD 375PW 801,000 312,000 352,000 32,000 34,000 36,000 EXISTING DEBT 91,577 114,950 120.34)a 121,572 120,922 196,018 139,473 149,454 148,618 123,781 73,924 74, 045 74,148 73,13 8 74, 310 74, 351 73, 371 NEW DEBT 0 0 0 0 0 0 0 0 165,645 331,29U 331,29U OTHER FINANCING USES; TRAN SFER OUT y55 m-�=o CAPITAL PROJECT FUND CAPITAL RESERVE FUND 194 356 194 665 TOTAL EXCPENDITURES 211431286 2,883,852 2,987,053 3,882,192 2,880,231 214611698 3M7,490 4,276,207 4,383A6 4,941,546 4,5%621 5,240,816 5,022,102 5,348,412 5,500,781 5,993,414 6,340,016 REVENUE OVER EXPENDITURES 233,716 (161,829) (34,680) (209,501) 651,190 987,646 217,677 (179,583) 1,652 Q43,703) 425,864 61,250 611,728 644,686 875,502 793,473 881,497 ACCRUAL ADJUSTMENTS (117,124) 732,399 (347,891) 620,914 564,862 or NET INCOME 116,592 570,570 (382,571) 411,412, 1,216,052 987,646 217A77 (179,583) 1,652 (243,703) 425,864 61,250 611,728 644,666 875,502 793,473 881,497 Page 11 Town of Selma Sewer CIP and Financial Analysis Study AUDIT AUDIT AUDIT AUDIT AUDIT ESTIMATE ESTIMATE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 2018 2019 2020 2021 � 2022 1 2023 1 2024 2025 2026 2027 2028 2029 2030 _ 2031 2032 2033 2034 UNRESTRICTED NET POSITION + EXPENDITURES 26-15% 7.31% 1.87% 2.90 34M% 80.29% 60.52% 47.11% 45.99% 35.a7% 48.W% 43.12% 57.17% 65.74% 79.8a% 86.51 95B9% CASH 1,150,065 766,713 732,258 762,891 1,252,893 2,240,539 2,453,216 2,278,633 2,280,285 2.036,583 2,462,447 2,-,MM 3,780,110 4,655,643 5,4490M 613WI553 3,135jM DAYS CASH ON HAND 196 97 89 72 159 332 249 194 190 150 197 176 228 255 309 332 364 NEW DEBT: LOAN AMOUNT PAYMENT ANNUAL PAYMENTS RATE _ TERM NOTES: AVE RAGEANNUAL REVEN U E. GROWTH OF 1.5%. BULK TREATMENT VOLUME RATE INCREASES BY IkVE RAG E ANNUAL RATE OF 5%. FLOW INCEEASES BY 1.5%. EXPE N DITU RES IN CREASE BY AVERAGE AN N UAL RATES0F4-6%. BULK IMASTB'VATER FLOW AND TREATMENT CHA RGES ASSUMPTIONS: 3.4 iT.000 166.645 331.290 5,00=� 15 WA STEWATER FLOW WASTEWATER RATE 416,905.871 4.40 519,086,845 4.06 382,585,211 4.22 325,197,429 4.43 494,709,831 4.65 502,130,479 4.88 509,662,436 5.1a 517,307,372 5,36 525,066,98a 5.65 532,942,988 5.93 540,937,133 6.23 549,051,189 6.54 557,286,957 6.87 565,646,262 7.21 574,130,956 7.57 WASTEWATER CHARGE 1,834.316 2.107.493 1,813,012 1,439,909 2,300,000 2,451,225 2,612,393 2,784,158 2,967,216 3,162,311 3,370,233 3,591,825 3,827,988 4,079,678 4,347,917 Page 12 Town of Selma Sewer CIP and Financial Analysis Study Lastly, Days Cash on Hand, an estimate of the number of days the fund can pay its daily operation and maintenance costs before running out of cash, is projected to grow to 384 days through FY 2034. The impacts on the fund are shown in Charts 8 and 9. 400 350 300 250 200 194 197 190 150 150 100 50 Chart 8 Days Cash on Hand 176 228 258 309 332 364 0 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Page 13 Town of Selma Sewer CIP and Financial Analysis Study 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 Chart 9 Projected Revenues and Expenditures 1221,512 ,844 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 MTOTALOPERATING EXPENDITURES CAPITAL OUTLAY EXISTING DEBT ANEW DEBT -TOTAL REVENUES As discussed next, the current rates charged by the sewer fund are high enough to yield feasible operations but may not be adequate for funding future increases in operating costs and capital needs. Page 14 Town of Selma Sewer CIP and Financial Analysis Study Outcomes As a result of WithersRavenel's analysis, the following sewer revenue increases have been modeled to plan for inflation and capital needs. The sewer increases are based upon all fixed and volume charges but not tap or other miscellaneous charges. These increases, as shown below, are arranged over time to minimize the impact to most users yet address the need for more revenue. • FY 2025 - 2027 6% annual increases in sewer revenues. • FY 2028 - 2034 5% annual increases in sewer revenues. The increases will help strengthen unrestricted net position and fund large capital needs and operating costs, while considering growth in sewer usage. It is worth mentioning that if the increases are generated from higher rates, an increase in sewer revenue requires a greater increase in rates due to the price elasticity of demand. When rates increase, customers' usage slightly decreases. However, the revenue loss from the lower sewer usage is less than the revenue gained from higher rates. Consequently, rate increases generate more revenue for the program but the percentage increases in rates must exceed the percentage increases in required revenues. Page 15 Town of Selma Sewer CIP and Financial Analysis Study Conclusions Based upon the analysis, the sewer fund recovers its system costs through current revenues and has grown its unrestricted net position and cash levels. However, current sewer revenues will not be enough to support future increases in operating costs and planned capital projects. The estimated annual revenue increases will prepare for the phase -in of additional debt service payments, and operating and capital costs associated with the CIP. The Town should consider the issuance of debt for the long-term financing of capital improvements. This would allow debt service payments to be spread over a longer period to avoid rate shock for current customers. Additionally, it allows future customers, who will benefit from the improvements, to pay a fair share of the costs. Furthermore, it should consider the implementation of structural changes to rates to ensure they continue to be fair, equitable, and easy to understand and implement. The increases are estimated from the current fiscal year's data and projections of future events. If net income declines due to several risks, rates may need to increase further to replace the lost revenue. The risks include, but are not limited to, the following: • Declines in usage and tourism due to new COVID-19 outbreaks. • Sewer flow decline due to higher fees. • Operating costs increasing at unsustainable levels, exceeding those projected. • Higher than projected CIP cost estimates. • Rising interest rates or unobtainable funding. Due to the multiple risks facing the Town, it is recommended that the Town continues to review the assumptions and calculations regularly using updated information to determine if adjustments are required at that time to meet established financial objectives. Page 16 See.16-191. SEWER USE REGULATIONS ABLE )F CONTENT ARTICLE] GENERAL PROVISIONS AND DEFINITIONS 1. Purpose 2. Definitions (a) Terms Defined (b) Terms Not Defined ARTICLIs 11. REGUL,4 TIONS GOVERNING SEWER USI.. 3. Prohibition on Wastewater Discharges 4. Prohibition of Storm Drainage and Groundwater 5. Prohibition of Unpolluted Water 6. Limitations of the Use of Garbage Grinders 7. Limitations on Point of Discharge 8. Holding Tank Wastes 9. Flow Equalization 10, Special Requirements for Industrial risers 11. Disposal of Unacceptable Waste 12. Special provisions concerning Discharges to Public Sanitary Sewers 11 Grease Trap and Interceptor Installation, Maintenance, Record -Keeping, and Removal (a) installation (b) Exemptions (c) Maintenance (d) Record -Keeping (e) Removal (0 Enforcement ARTICLE III. WASTEWATER VOLUME DETERMINATION 14. Generally 15. Special Wastewater Volume Determinations for Industry ARTICLE I V. WASTEWATER CHARACTER AND CONCENTRATION DETER"INATION 16. Town Authority 17. Sampling Site Locations 18. Method of Collecting Samples 19. Determination to be Binding as Basis for Charges 20. Cost of Sampling and Analyzing Wastes ARTICLE V WASTEWATER CONNECTIONS 21. Generally 22, Separate Wastewater Connections 23. Materials for Sewer Service sines 24. Installation of Seaver Service Lines and Connection to Sewer Laterals 25_ Repair of Broken or Clogged Sewers 26. Outside Connections 27. All Substances to Enter Sewerage System through Proper Connections 28. 29. 30. 31. 32. 33. 34. 35. 36. 3T 3& 39. 4©. 41_ 42. 43. 44. 45. 46, 47. 4s. 49. 50. 51. 52, 53. 54. 55_ 56. 57, 58. ARTICLE W POWERS AND AUTHORITY FOR INSPEC71ON Generally ARTICLE VII. DISCHARGE REPORT, WASTEWATER DISCHARGE PERMITSAND ADMINISTRATION Discharge Reports Wastewater Discharge Permits —Mandatory Wastewater Discharge Permits —Optional Permit Application Permit Conditions Duration of Permits Suspension or Revocation of Permit Monitoring Facilities Wastewater Different than that Produced by Domestic Premises Monitoring Facilities —Separate Facilities Required When Monitoring Facilities —User's Expenses Location Monitoring Facilities --Access Monitoring Facilities —Construction Inspection and Plumbing Pretreatment Protection front Accidental Discharge Flow -Control Measuring Equipment ARTICLE P7H. USER CHARGES Generally Classification of Users Types of Charges and Fees Basis for Determination of Surcharges Method of Determining Surcharges Method of Determining Charge Rates Sampling Procedures and Analysis ARTICLE LV ENFORCEMENT Discharge of Wastes in Violation of Chapter —Notice and Report Discharge of Wastes in Violation of Chapter —Liability Criminal Penalty Civil Penalty Injunction and Abatement Termination of Services ---Revocation ofPermits—Issuanceof Cease -and -Desist Orders Notice and Hearing Set:. 16.191. SEWER USE REGULATIONS ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS 1. Purpose. The sewer use ordinance is designed to provide uniform requirements for discharge into We town's wastewater collection system. Nothing included in this article shall contravene Elie requirements and conditions of the county of Johnston NPDES permil(s). (Ord. of 12/9180, Div. 1, §1---§ 13.34,005) 2. Definitions, (a) for the purpose of this artiole, the following terms shall have die uneanings set out in this section. (Ord, of 12/9M0, Div. 1, §2—§ 13.34.010) Act means the federal Water Pollution Control Act, also known as the. Clean Water Act, as amended, 33 U.S.C. 1251, et. Seq. (Ord. of 1219180, Div. 1, §2[11-13.34.015) Ad valorem tar rneauts a tax based upon tile, value ofreal property: (Ord. of 12/9180, Div. 1, §2[2]—§ 13.34.020) Approval authority means the director_ (Ord. of 1219/80, Div. 1, §2[3]—§ 13.34.025) Approved P07TV pretreatment prograin or POT1V pretreattent prograut means a program administered by a POTW that meets the criteria established in Sections 403.8 and 403.9 of the Act and which has been approved by a Regional Administrator of EPA or State Director in accordance with Section 403.11 of the Act. (Ord. of 12/9/80, Div. 1, §2[4]—§ 13.34.030) Average daily flow is the total quantity of liquid tributary to a point divided by the number of days of flow tneasurcntent. (Ord. of 12/9/80, Div. 1, §2[5]—§ 13.34,035) BOD (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five dabs at twenty deErees Celsius expressed in pmilligranis per liter or parts per million by weight. (Ord, of 12/9180, Div. 1, §2[6]-§ 13.34.040) Central Johnston County, Regional Wastewater Facilities are the ;wastewater interceptor, pumping, equalization, and treatment facilities which serve the towns of Smithfield, Selina, Pine Level, and Four Oaks; the West Smithfield Sark -in, District; and environs. (Ord. of 1219180, Div. 1, §2[8]—§ 13.34,045) COD (denoting chemical oxygen demand) is the quantity of equivalent oxygen utilized itt the clietnical oxidation of organic matter as measured by standard laboratory methods, as set out in this chapter, expressed in milligrams per liter. (Ord. of 12/9/80, Div. 1, §2[7]---§ 13.34.050) Collector (or collection) titles are the conduits to which laterals and service connections from residential, commercial, institutional, and industrial users are comiceted. (Ord. of 1219/80, Div. 1, §2[9]—§ 13.34.055,) Color is the "true color" due to the substances in solution expressed in wavelengths of light. (Ord. of 12/9/80, Div. 1, §2[10]—§ 13.34.060) Combined setter means a sorer intended to serve as a sanitary sewer and a storm setter, or as an industrial sewer and a storm serer_ (Ord. of 1219180, Div. 1, §2111] § 13.34.065,) Connuercial establishment or industrial establishment shall rnean any user that has tlue potential to use, contribute to or otherwise impact the town's w3stetvater collection system or POTW. Stich establishments include, but are not limited to, nraintennuce facilities, repair facilities and equipment cleaning facilities. (Ord. of 419/02) Compatible pollwant incans BOD, suspended solids, phi, fecal coliform bacteria, and such 'additional pollutants as are now or may be in tine future speciiicd and controlled in the country's NPDES pennit(s) for its wastewater treatment works where said works Have been designed and used to reduce or remove such pollutants. (Ord_ of 1219180, Div. t, §2j131—§ 13.34,070) Complete wastewater treatment system consists of all tlue connected treatment works necessary to: (1) transport wastewaters from individual homes or buildings to a plant or facility wiercin treatment of the wastewater is accomplished; (2) the treatment of the Nvasteivaters to remove pollutants; and (3) the ultimate disposal, including recycling or reuse, of the treated wastewaters and residues resulting from the, treatment process. The term may also be referred to as a sewerage system or wastewater system. (Ord_ of 1219180, Div. 1, §2[14]—§ 13,34,075) Construction trte811S any one or more of the following. preliminary planning to detetnnine the feasibility of treatment works; engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions; erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works; or the inspecting or supervision of any of the foregoing items, 7'Ite phrase, initiation of construction, as used in this article, means vvith reference to a project for: A. Step l: The approval of a plan of study [see Sections 35.920-3(a)(I) and 35-925-18(a)]; B. Step 2: The award of a Step 2 grant; and C. Step 3: Issuance of a notice to proceed under a construction contract for arty segment of a Step 3 project work or, if notice to proceed is not required, execution of the construction contract. (Ord. of 12/9/80, Div. 1, §2[ 15]-§ 13.34 080) Cooking establishinent shall mean any person primarily engaged in the activities of cooking, preparing, serving, or otherwise making available for human consumption any form of foodstuff, and i%iiich uses one or more of the following cooking or preparation methods in connection midi such activities: cooking or preparation by flying (all methods), baking (all methods), grilling, saut6ing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, poaching, or any type of cooking or preparation that produces a hot, non -potable produce in or on a receptacle that requires washing, rinsing or other foram of cleaning. Such establishments include, but are not limited to, restaurants, cafeterias, extended care facilities, school cafeterias (public and private), and daycare facilities where mcals for nmore than six (6) children are prepared, served or otherwise trade available for human consumption. (Ord. of 419/02) Cooling seater means the seater discharged from any use such as air conditioning, cooling, refrigeration, during which the only pollutant added to the water is heat. (Ord. of 12/9/80, Div. 1, §2[12]--§ 13.34.095) County means Johnston County, North Carolina, or any duly authori7Ad official(s) acting on behalf of the county. (Ord. of 12/9/80, Div. 1, §2[ 16]-§ 13.34-090) Director means the chief administrative officer of the Division of Environmental Management, North Carolina Department of Natural Resources and Community Development. (Ord. of 1219/80, Div. 1, §2{l7j-§ 13,34.095) Domestic wastes mean liquid wastes. (1) from noncommercial preparation, cooking and handling of food, or (2) containing human excrement and wash waters from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions. (Ord. of 12/9/80, Div. 1, §2[ 181-§ 13.34.100) Enforceable requirements of the Act means those conditions or limitations of Sections 402 and 404 permits, which, if violated, could result in the issuance of compliance order or initiation of a civil or criminal action under Section 309 of the Act. 1f a permit has not been issued, the term shall include any requirement which, in the Regional Administrator's judgment, would be included in the permit when issued. Mere no permit applies, the term shall include any requirement wWch the Regional Administrator determines is necessary to meet applicable criteria for }rest practicable waste treatment technology (BPWTT). (Ord. of 12/9/80, Div, 1, §2[ 19]-§ 13.34. I05) EPA meats the federal agency named the United States Environmental Protection Agency. (Ord. of 1219/90, Div. 1, §2[20" 13.34.110) Grcessive infiltrattort/iny7ow means the quantities of infiltration/inflow that can be economically eliminated from a sewerage system by rehabilitation, as determined in a cost- etTectiveness analysis that compares the costs for correcting the infiltrationlinliow conditions to the total costs for transportation and treatment of the itmtiltration/inflow, subject to the provisions in Section 35.927. (Ord. of 12/9180, Div_ 1, §2[2l]-§ 13,34,115) Ercesstve radiation dose means a dose of radiation in excess of the maximum permissible dose. Maxtinutn permissible dose means a dose of radiation to any part of the body, internal and external or both that, in the light of current knowledge, is not expected to cause appreciable bodily injury, to a person at any time during his lifetime. Application of this section will conform to all federal and state regulations concerning the use of radioactive materials. (Ord_ of 12/9/80, Div. 1, §2[221-§ 13.34.120) &pausion of a treatment %narks means increasing the hydraulic capacity and treatment capacity of a facility but not increasing the level or degree of efficiency of treatment. (Ord. of 12/9180, Div. 1, §2[23]-§ 13,34,125) Federal Acts means Public Law 92-500, the Federal Water Pollution Control Act Amcudnmcmts of 1972; and/or Public Law 95-217, the Federal Water Pollution Control Act Amendments of 1977. (Ord. of 1219/80, Div. 1, §2[24]-§ 13.34. BO) Garbage means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (Ord. of 12/9/80, Div. 1, §21251----§ 13.34.135) Grease and oils means all greases, grease complexes, fats, oils, scum, sludge, and all other organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain tryglyeeride molecules. Such substances are detectable and measurable using analytical procedures established in 40 CYK 136. (Ord. of 12/9/80, Div, 1, §21261-§ 13,34.140, Ord. of 4/9102) Grease trap or grease interceptor shall mean a device for separating and retaining waterbome greases before tlme wastewater which contains such grease exits the grease trap or interceptor into the town's wastewater collection system or POTW. The grease trap or interceptor also collects settable, solids generated by or incidental to commercial, industrial mud food preparation activities. (Ord. of 4/9/02) Holding tank waste means any mute from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank tracks. (Ord. of 12/9180, Div. 1, §2[27]-§ 13.34.145) Hydraulic load means the tributary wastewater flow to a line segment, pumping station, treatment plant, etc., measured in million gallons per day, gallons per day, or gallons per minute. (Ord, of 1219180, Div. 1, §2[281-§ 13.34,150) Incompatible polhitant means any pollutant that is not a "compatible pollutant" as defined in this article. (Ord. of 12/9/80, Div, 1, §2[29]—§ 13-34,155) Industrial riser A, hithistrial user means ally nongovernmental, nonresidential user of a publiely owned treatment works which discharges more titan the equivalent of twenty-five thousand gallons per day (gpd) of sanitary wastes and which is identified un the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions: Division A -.. agriculture, forestry, and fishing Division B -- mining Division D — manufacturing Division E — electric, sanitary services, transporlatiotn, gas, and communications Division I — services 13- In determining the amount of a user's discharge for purposes of classification as an industry, the town may exclude domestic wastes or discharges from sanitary conveniences. C. After applying the sanitary waste exclusion in subparagraph (2) above (if the to►► i chooses to do so), dischargers in the divisions listed in subparagraph (1) above that have a volume exceeding twenty-five thousand gpd or the weight of biochemical oNygen demand (BOD) or suspended solids (SS) equivalent to that weight found in tventy-five thousand gpd of sanitary waste are considered industrial users. Sanitary wastes, for purposes of this ealculation of equivalency, are the wastes discharged from residential users. The town, with the Regional Administrator's approval, shall define die strength of the residential discharges in terms of parameters including, as a minimum, BOD and SS per volume of flow. D. InaWtrlal riser means any nongovernmental user of the treatment works which discharges wastewater to tire treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of (lie municipal system, or to injure or to interfere with any sewage treatment process, or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any ha7.ard in, or has an adverse effect on, the waters receiving any discharge front the treatment works. E. Industrial riser means all commercial users of art individual system constructed with grant assistance under Section 201(h) of the Act and Subpart E. (Ord. of 12/9180, Div. 1, §2[30]—§ 13,34,160) Industrial wastes means liquid or water -carried wastes from institutional, commercial and industrial processes and operations, as distinguished from domestic sewage. (Ord, of 1219180, Div. t, §2[3l]--§ t3.34.165) Infiltration means the water entering a wastewater system, including wastewater service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole ►►al Is. (Ord. of 12/9/80, Div. 1, §2[32]---§ 13.34.170) Infiltrationlinjlow means the total quantity of water from both infiltration and inflow without distinguishing the source. (Ord. of 12/9/80, Div. 1, §2[33]—§ 13.34.175) Inflow means water, other than wastewater, that enters a se►vcrage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross -connections between storm severs and sanitary sewers, catch basins, cooling towers, storm -waters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from infiltration. (Ord. of 12/9/80, Div. 1, §2[34]—§ 13.34.180) Interceptor line means a conduit whose primary purpose is to transport wastewaters from collector (or collection) lines to a pumping station or treatment facility. (Ord. of 12/9/80, Div. 1, §2[35]—§ 13.34. t 85) Interference means inhibition or disruption of the to►►it's sewer systems, treatment processes, or operations that contributes to a violation of any requirement of the: NP1)ES permit(s). The temp includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained iti any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to die method of disposal or use employed by the POTW. (Ord. of 1219/80, Div. 1, §2[36]—§ 13.34,190) Literal lure means a line that discharges into a branch or other wastewater conduit and has no other common wastewater line tributary to it- (Ord- of 12/9/80, Div. 1, §2[37]. -§ 13.34.195) Mass ernrrssion rate means the weight of material discharged to the town's wastewater collection system during a given taco interval. Unless othenivise specified, the mass Clt]]SSlon rate shall means pounds per day of a particular constituent or combination of constituents. (Ord. of 12/9180, Div. 1, §2[38]--§ 13.34.200) Monitoring facility means a manhole, flume box, junction box, or outer structure approved by the town flint shall provide access to a wastewater stream for the purpose of visual observation, sampling and flow measurement. (Ord. of 1219/80, Div. 1, §2[39]—§ 13.34.205) Municipality National l'ollulant Discharge Glitnination System (NPDFS) means the federal and/or state managed program for issuing, conditioning, and denying permits for Vic discharge of pollutants from point sources into navigable waters. (Ord, of 12/9/80, Div. 1, §2[41" 13.34.215) National pretreatment standard or pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. (Ord. of I2/9/80, Div. 1, §2{42]—§ 13.34.220) A. Municipality means a city, town, Non -cooking establisirnrews shall mean any person borough, eoutity, parish, district, association, primarily engaged in the rendering or preparation of pre - or other public body (including an cooked foodstuffs that do not required or involve any form of intem7unicipal agency of two or more of the cooking. Such establishments include, but are not limited to, foregoing entities) created under state law, or establishments that are primarily engaged in the rendering an Indian tribe or an authorized Indian tribal preparation of cold dairy and frozen foodstuffs. organization, having jurisdiction over (Ord. of419/02) disposal of sewage, industrial wastes, or other waste, or a designated and approved NPDCS permit or permit means a permit issued to a management agency under Section 208 f the POTW pursuant to Section 402 of the Act. Act. (Ord. of 12/9/80, Div. I, §2[43]--§ 13.34.225) B. This definition includes a special district created under state low such as a water district, sewer district, sanitary district, utility district, drainage district, or similar entity or an integrated waste management facility, as defined in Section 201(e) of the Act, which has as one of its principal responsibilities the treatment, transport or disposal of liquid wastes of mite general public in a particular geographic area, C. This definition excludes the following: (Ord_ of 12/9180, Div. Any revenue -producing entity which has as its principal responsibility an activity other than providing wastcwater treatment services to the general public, such as all airport, turnpike, port facility, or other municipal utility; and 2. Any special district (such as school district or park district) which has the responsibility to provide wastewater treatment services in support of its principal activity at specific facilities, unless the special district has the responsibility under state law to provide wastewater treatment services to the oommurity surrounding llte special district's facility and no other municipality, with concurrent jurisdiction to serve the community, serves or Intends to serve the special district's facility or the surrounding community, 1, §2[40]—§ 13,34.210) Operable treatment works means a treatment Avorks that: A. Upon completion of construction %i4ll treat wastewater, transport wastewater to or from treatment, or transport and dispose of wastewater in a manner which Nviil significantly improve an objectionable water quality situation or health hazard; and B. Is a component pars of a complete waste treatment system which, upon completion of construction for the complete waste treatment system (or completion of construction of other treatment works in the systcm in accordance Nntli a schedule approved by Vie Regional Administrator), will comply with all applicable statutory and regulatory requirements. (Ord. of 1219180, Div. 1, §2[44]--§ 13.34.230) Owner means the person(s) holding legal title to the premises or the tenant(s) occupying same, whoever is obligated to pay the towtt for water consumed on the premises taken from the town water system and/or who is obligated to pay the to%m for servo services. (Ord. of 12/9/80, Div. 1, §2[45]—§ 13.34.235) ,Peak flomv means die maximum rate of flow occurring at any time measured in terms of gallons per normal calendar day of twenty-four hours. (Ord. of 12/9180, Div. 1, §2[46]—§ 13,34.240) Person means any actual person, individual, firm, company, partnership, association, tuvncorporated association, society, corporation, institution, group as indicated by the context in which used, or any governmental entity or political subdivision and departments mid agencies thereof. (Ord. of 1219/80, Div. 1, §2[47]—§ 13.34,245, Ord of 4/9/02) pH nncans tine iogaritlun of the reciprocal of ilia Concentration of hydrogen ions in grans per liter of Solution. A stabilized pH will be considered as a pH ►+licit does not change beyond the specified limits when the wastewater is subjected to aeration. A pH valtte indicates the degree of acidity or alkalinity. (Ord. of 12/9180, Div. 1, §2[481-§ 13.34.250) Pollution means an alteration of the quality of rite waters of the state by waste to a degree which unreasonably affects such water for beneficial use or affects the facilities which serve such beneficial uses, (Ord. of 12/9/80, Div, 1, §2[50]-§ 13.34.255) ppni means parts per million by weight in water and wastewater analysis and is the equivalent of milligrams per liter (mgll ). (Ord. of 12/9180, Div. 1, §2[49]-§ 13.34.260) Premises means a parcel of real estate or portion thereof including any improvements thereon which is determined by tine town to be a single user for purposes of receiving, using and paying for sc►►er service. (Ord. of 12/9180, Div. 1, §21511-§ 13.34.265) Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or Ilia alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by Section 403.6(d). (Ord. of 12/9/80, Div. 1, §2[521---§ 13,34.270) Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, unposed on an industrial user_ (Ord. of 1219180, Div. I, §2[53]-§ 13.34.275) Pretreatment standards means all applicable federal rules and regulations implementing section 307 of the Act, as ►well as any riotnconflicting state and local standards. in cases of conflicting standards or regulations, the more stringent thereof shall be applied. (Ord. of 12/9/80, Div. 1, §2[54]----§ 13.34.280) Project means the scope of work for which a grant or grant ancndmentt is awarded under this subpart. The scope of work is defined as Step 1, Step 2 or Stop 3 of treatment ►►orks construction or segments. (See definition of treatment snorts segment and Section 35-930-4.) (Ord. of 1219180, Div. 1, §2[55]-§ 13.34.285) Properly shredded garbage means tine wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under tite flow conditions normally prevailing in public waste►rater lines, with no particle greater than one-half inch in any dimension. (Ord. of 1219/80, Div. 1, §2[56]-§ 13.34.290) Publicly -aimed Treatment Works orPOT7Ymeans a treatment works as defined by Section 212 of tine Act, which is owned by a state or municipality (as defined by Section 502(4) of tine Act). This definition includes any sewers that convey wastewater to such a treatment works, but does not include pipes, severs or other conveyances not connected to a facility providing treatment. The term also riicans the municipality as defined in Section 502(4) of the Act, which his jurisdiction over tine indirect discharges to and the discharges from such a treatment works. (Ord. of 1219/80, Div. 1, §2[581-§ 13.34.295) Public sanitary server or public server means a sewer owned or controlled by the town or county and tributary sewer o►► led by the to►►ro which carries wastewater or polluted industrial wastes, and to which storm, surface and ground waters and unpolluted industrial wastes are not intentionally admitted. (Ord. of 12/9/80, Div. 1, §2[57]-§ 13.34.300)7 Regional Administrator intcans the appropriate EPA Regional Adniitristrator. (Ord, of 1219180, Div. 1, §2[591-§ 13.34.305)7 Replacement costs means the expenditure for obtaining and installing equipment, accessories, or appurtenances which are necessary during the servieC life of the collection, interception, pu nnping, and treatment works to maintain the capacity and performance for %vhich such works ►were designed and contracted. The term "operation and maintenance" includes replacement. (Ord. of 12/9180, Div. 1, §2[60]--§ 13.34.310)7 Sanitary ses►'ers mean sewers which are untended to earns' only sanitary or sanitary and acceptable strength industrial wastewater from residences, commercial buildings, industrial plants, and institutions. (Ord. of 12/9/80, Div. 1, §2[6l]-§ 13.34.315) Sewage collection system means, for the purpose of Section 35.925-13, each, and all, of the common lateral sewers, ►►ithin a publicly owned treatment system, which are primarily installed to receive wastewaters directly from facilities %% ich convey wastewater from individual structures or from private property, and which include service connection "Y" Fillings designed for connection with those facilities. The facilities which convey wastewater from individual structures, from private property to the public lateral se►►er, or its equivalent, are specifically excluded from the definition, with the exception of pumping units, and pressurized lines, for individual structures or groups of structures when such units are cost effective and are owned and maintained by the grantee. (Ord. of 12/9180, Div. 1, §2[621-§ 13,34.320) Se ver means a pipe or conduit that carries wastewater or drainage water. (Ord_ of 1219/80, Div. 1, §2[621-§ 13,34,325) Sewer connection means a so%ver pipeline, normally a four -inch or six-inch diameter pipe, running laterally from a street line, an off-street line or a trunk; line to an individual tract, lot or parcel of land to serve one or more houses or other buildings, whether or not connected to any house or building. The jurisdiction, responsibility and liability of the to%%m concerning sewer connections are limited to rite portion of sever pipelines within public rights -of -way. (Ord. of 12/9/80, Div. 1, §2[64]-§ 13.34.330) Shall is mandatory; May is permissive. (Ord. of 12/9/80, Div. 1, §2[65]--§ 13.34.335) SYgniJicant industrial user means a user who has a flow of twenty-five thousand gallons or more per average day; has a flow greater than five percent of die flow carried by the town's system receiving waste; has in its waste a toxic pollutant as defused in standards issued under Section 307(a) of the Act; or has a significant impact either singly or in combination with other contributing industries, on the treatment works or the quality of effluent discharged from time treatment works. (Ord_ of 12/9/80, Div. 1, §2[66]-§ 13.34.340) State agurcy tneans the state water pollution control agency designated by Ate Governor having responsibility for enforcing state laws relating to the abatement of pollution. (Ord. of 12/9180, Div. 1, §2[67]-§ 13.34,345) Storm sewer or storm drain means a line or drain designed and constructed to carry stonn and surface Waters and drainage, but not wastewater and polluted industrial wastes. (Ord. of 12/9/80, Div. 1, §2[68]--§ 13,34.350) Suspended solids means solids that either float on the surface or are in suspension in water, sewage or other liquids, which are removable by laboratory filtering (cspressed. in parts per million or milligram per liter by dry weight. (Ord. of 12/9/90, Div. 1, y2[69]---§ 13.34.355) Town means the town of Selma, North Carolina, or any authorized off cial(s) acting on behalf of the town, and its utility son -ice area. (Ord. of 12/9180, Div_ 1, §2[70]-§ 13.34,360; Ord, of 4/9/02) Toxic waste means Arose wastes, or combination of wastes, including disease -causing agents, which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformities in such organisms or their offspring. Toxic substances include, by way of illustration and not limitation; lead, cadmium, chromium, mcrcuty, vanadium, arsenic, molybdenum, antimony, nickel, barium, beLyllium, copper, selenium, zinc, orthomtitro-chlorobenzene (ONBC), polychlorinated biphenoyts (PCBs), and dichlordiphtrichloraocthane (DDT); and any other materials that have or may hereafter be determined to have toxic properties. (Ord. of 12/9/80, Div. 1, §2(711--§ 13.34.365) Treatment works means any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes used to implement Section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the useful life of the works. These include intercepting sc%%vrs, outfall so%N ers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, mmodeluig, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulft from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems. (Ord. of 12/9/80, Div. 1, §2[72]---§ 13.34,370) l realment works segment may be any portion of an operable treatment xorks described in an approved facilities plan tuider Section 35.917, which can be identified as a contract or discrete subitem or subcontract for Step 1, 2 or 3 work. Completion of construction of a treatment works segment may, but need not, result in an operable treatment works. (Ord, of 12/9/80, Div. 1, §2[73]-§ 13,34.375) Unpolluted water means water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards. (Ord, of 12/9180, Div, 1, §2[74]-§ 13,34.380) Upgrading a treatment works means increasing the level, degroc, and efficiency of treatment of a facility. (Ord. of 1219180, Div. 1, §2[78]-§ 13.34.385) Useful life means an estimated period during which a treatment works will be operated. (Ord. of 12/9180, Div. 1, §2[75]-§ 13.34.390) User shall mean any person, political entity, corporation, business, organization, or person primarily engaged in any commercial, industrial, institutional, or other non-residential activity who introduces, contributes, discharges, or causes or perrnits the discharge of wastewater into tho town's wastewater collection system or POTW, including, but not limited to, any person who introduces, contributes or discharges wastewater into the wastewater collection system or POTW through any mobile source. (Ord. of 12/980, Div. 1, §2[76]-§ 13.34.395; Ord. of 419/02) User charge tneam a charge levied on users of a wastewater system, or that portion of the ad valorem taxes paid by a user, for the user's proportionate share of the cost of operation and maintenance (including replacement) of such works under Section 204(b)(1)(A) and 201(h)(2) and Subpart E of the Act. (Ord. of 1219/80, Div, 1, §2[77]-§ 13.34,400) Violation means a contravention of one or more points of ibis chapter. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. (Ord. of 1219/80, Div. 1, §2[79]-§ 13.34.405) Waste means and includes sewage and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from tnry producing, manufacturing, or processing operation of whatever nature, including such waste placed ►within containers for whatever nature prior to, and for purposes of disposal. (Ord. of 12/9/80, Div. 1, §2[80]---§ 13.34.410) Wastewater means a combination of the liquid and water-eanied wastes from residences, commercial buildings, industrial plants, and institiitions, together with any groundwater, surface water and storinwater, and any substance introduced, contributed to, or discharged into the to►►n's wastewater collection sys(enr or POTW_ (Ord. of 1219/80, Div. 1, §2[81]--§ 13.34.415; Ord, of 419/02) Wasteirnter collection system means all of the common lateral lines and pumping facilities within a publicly owned wastewater system, which are primarily installed to receive wastewaters directly from facilities which convey wastewaters from individual structures or from private property, and which include service connection "Y" fittings designees for connection with those facilities. The facilities which convey wastewater from individual structures or form private property to the public lateral line or its equivalent, are specifically excluded from the definition, with tho exception of pumping units and pressurized lines for individual structures or groups of structures when such units are cast effective and are owned and maintained by the to►►tit. (Ord. of 1219/80, Div. 1, §2[82" 13.34,420) Wastewater constituents and characteristics [Weans the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality and strength of wastewater. (Ord. of 12/9/80, Div. 1, §2[84]- § 13.34.425) Water pollution eonlrol plant (wastewater treatment plant or facilities) means an arrangement of devices and structures for treatment wastewater to remove or alter its objectionable constituents and thus render it less offensive or dangerous, including any devices and structures used to recycle or reuse the treated wastewater and to process and dispose of any sludge derived from any of the treatment processes. (Ord. of 1219/80, Div. 1, §2[83]—§ 13.34.430) (b) Terms not defured in this article: other terms used in this article, but not defined hi this article, shall have die meaning set forth in die latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association (APHA), the American Waterworks Association (AWWA), and the Water Pollution Control Federation (WPCE). Unless othenvise expressly stated in this section, waste constituents and characteristics shall be measured by metlrods set forth in the latest edition of "Standard methods for the Examination of Water and Wastewater," andlor Methods for Cherttical Analysis of Waters and Wastes," published by the environmental Protection Agency. (Ord. of 12/9/80, Div. 1, §2[85]—§ 13.34A35) ARTICLE 11. 1EGULNnONS GOVERNING SEWER USE 3. Prohibition on -wastewater discharges. (a) It is unlawful for any person to discharge or cause to be discharged any inflow, or any unpolluted industrial and commercial process water into any public sanitary sewer. (b) Except as otherwise provided in this chapter, it is tutlm0ul for any person to discharge or cause to be discharged any of the following described materials, water, liquids, or wastes into any public sanitary sewer: (1) Liquids or vapors having a temperature higher than one hundred fifty degrees Fahrenheit (150°f,) or sixty-six degrees Celsius (66° C). (2) Water or wastes containing more thart one hundred parts per million by weight of animal or vegetable fats, or grease; (3) Any flammable or explosive liquids, solid or gas, including, but not limited to, gasoline, benzene, naphtha, and fuel oil; (4) Waters or wastes having pH lower than six or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater system; (5) Liquid wastes containing any toxic or poisonous substances in sufficient quantities to: A. Interfere with the biological processes used in a water pollution control plant, or B. Which, in combination with other liquid wastes, upon passing through a water pollution control plant will be harmful to persons, livestock, or aquatic life utilizing the receiving streams into which water from a waste treatment plant is discharged; (6) Noxious or malodorous gases or substances capable of creating a public nuisance ►►Rile being conveyed through the sewage collection and treatment system in its normal operation; (7) Garbage that has not been properly shredded; (8) Ashes, cinders, sand, mud, straw, shavings, metal, glass, septic tank sludge, hair, bones, feathers, tar, plastics, resin, paint, wood, paunch manure, butcher's offal, dead animals, or any other solids or viscous substances capable of causing obstructions to the flow in wastewater lines or other interference with the proper operation of the wastewater Collection system, pumping facilities, or a wastewater treatment plant; (9) Materials whiny forni excessive amounts of scum that may interfere ►with the operation of a wastewater treatment plant or cause undue additional labor in connection with its operation; (10) Water or wastes containing dyes or other color which cannot be removed by biological processes and Which require special chemical treatment in order for water pollution control plant effluent to meet standards set by the state and federal laws or rules, regulations or orders made pursuant to law; (11) Waters or wastes which require excessive quantities of chlorine for disinfection in addition to biological treatment, The amount of excess dennand shall be detcmtiried by comparing the chlorine demand of the waste in questions with the average chlorine demand of all other wastes entering the county's plant; (12) Any waters or wastes having a biochemical oxygen demand in excess of two hundred twelve parts per million, 212 ppm, (mg/1) on a weekly average basis unless a surcharge is paid in accordance with the current adopted user clinrgc schedule, and no waters or wastes hawing a biochemical oxygen demand in excess of three hundred parts per million (300 ppm, (nig/l) on a weekly average basis; (13) Any waters or wastes having a chemical o�cygen demand in excess of sit, hundred parts per million, 600 ppm, (mg/1) on a weekly average basis; (14) Any waters or wastes containing more than thirty parts per million (30 ppm) of ammonia nitrogen on a weekly average basis; (15) Any waters or wastes containing more than two hundred fifty parts per million (250 ppm) of suspended solids on a weekly average basis unless a surcharge is paid in accordance with the current adopted user charge schedule, and no waters or wastes containing more titan four hundred parts per million, 400 ppm, (mg/i) by weight of suspended solids on a weekly average basis; (16) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the county seater pollution control plant; (17) Any waters or wastes containing substances in excess of the following amounts: AVERAGE OF DAILY VALUE OF 30 14t.wNIUl1I CONSECUTIVE CONCENTRATION DAYSSUALL FORAVERAGE X011 EXCEED CONSTITUENT CODE DAY (mom) Ono) Arsenic As 0.10 0.10 Boron R 10.00 10.00 Barium Ba 0.50 0.50 Cadmium Cd 1.20 0.50 COPM Cu 2.00 0.80 Cyanide cm 0.80 0.23 Lard Pb 0.50 0,25 Mercury Hg 0.0005 0.0005 Nickel Ni 4.10 1.80 Slyer Ag 1.20 0.50 Total Chromium Cr 7.00 2.50 Vanadium V 0.50 0.50 Zinc An 0.50 0.20 Chlarefoem Cam, 1.00 1.00 (18) Any waters or wastes containing more than 0.20 mg11 total identifiable chlorinated hydrocarbons which cannot W removed by the county's treatment processes; (19) Any waters or wastes containing more than 0.01 mg/l phenolic compounds, (20) Any waters or wastes which will dissolve attach, corrode, or harm in some other way polyvinyl chloride, aepdonitrile-butadiene-styrene plastic, concrete, or cast iron; (21) Radioactive wastes or isotopes of such half- life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater facilities or personnel operating the system, (Ord. of 12/9/80, Div. 2, §1-§ I3,34,440) 4. Prohibition of storm drainage and groundwater. (a) Stormwater, groundwater, raimvater, street drainage, subsurface drainage, or yard drainage shall not be discharged thrntlgh direct or indirect eonnoction to a sanitary sewer unless a permit is issued by the town. The town shall approve the discharge of such water only when no reasonable alternative method of disposal is available. (b) If a permit is granted for the discharge of such water into a sanitary sewer, the user shall pay such charges mud fees and meet such other conditions as required by the town. (Ord. of 12/9180, Div. 2, §2-§ 13.34.445) S. prohibition of unpolluted water. (a) Unpolluted water, included by a way of illustration but not limited to cooling water, process water or blow -down water frorn cooling towers or evaporative coolers, shall not be discharged through direct or indirect connection to a sanitary, sower unless a permit is issued by the town. The town shall approve the discharge of such water only when there is not reasonable alternative method of disposal available. (b) If a permit is granted for the discharge of such water into a sanitary sewer, the user shall pay such charges and fees and shall meet such other conditions as required by the town. (Ord. of 1219/80, Div. 2, §3-§ 13.34.450) 6. Limitations of the use of garbage grinders. (a) Waste from garbage shredders and grinders shall not be acceptable for discharge into a sanitary sewer except: (1) Wastes generated in preparation of food normally consumed on the premises; or (2) Where the user has obtained a permit for that specific use from Elie town, and agrees to undertake,vhatever self -monitoring is required to enable the town to determine the waste constituents and characteristics and applicable fees and charges. (b) Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prcvailitig in the sanitary sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. (Ord. of 12/9/80, Div. 2, §4—§ 13.34.455) 7. Limitations on point of discharge, No person shall discharge any substances directly into a manhole or other opening in a sanitary sewer other flnan through an approved building sewer, unless he has been issued a permit by the town. 1f 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 property treat this discharge as required by the town. (Ord, of 12/9/80, Div. 2, §5—§ 13.34.460) S. Holding tank wastes. No person shall discharge, any holding tank waste, including by definition, but not limited to, punipings from septic Mats, into a sanitary sower. (Ord, of 12/9/80, Div. 2, §6—§ 13.34.465) 9. Flow equalization. No person shall discharge wastes into the collection system with such a volume flow rate that the flow results in hydraulically overloading downstr -mi sewer lines and/or ptnntping facilities. In such cases where a peak flow rate of wastewater discharge may cause overloading of the town's collection system and pumping facilities, and/or tine county's pumping and interceptor facilities, the town may require the discharger to provide ]adding facilities of sufficient capacity and design for flow regulations so as to discharge into the collection system at an equalized rate as specified by tine town, (Code 1974, § 13.34,470; Ord. of 12/9/00, Div_ 2, §7) 10. Special requirements for industrial users. (a) The town shall require each industrial user to construct, operate and maintain waste treatment facilities necessary to pretreat its industrial wastewater, to produce an effluent which conforms in quality with the effluent limitations established for each class of industrial users by the Environmental Protection: Agency and state regulatory agencies, prior to discharging said wastewater into the town sewers. N Industries shall pretreat industrial wastewater in accordance with national pretreatment standards for the various industrial classifications as promulgated by EPA wander Section 403 of the Act. Any substances which result in interference with the county's treatment processes shall be specifically prohibited. (c) The town, without limitations by outer sCCtions of this article, may authorize any person to discharge industrial waste into five collection system without requiring pretreatment under the following conditions: (1) The industrial waste contains no pollutant which cannot be removed in treatment processes provided to remove pollutants in wastewater introduced from nonindustrial sources; or (2) When it is proven that treating combined untreated industrial wastewater avid nonindustrial wastewater is more cost effective that requiring industries to pretreat their waste. (d) The town may prohibit entry of particular industrial wastes into the sanitary sewer whenever such action is necessary to prevent damage to the System or to detennine. the effects of such wastes on tlae wastewater treatment system (e) Any person disebargirng industrial wastes into the town's wastewater collection system shall construct and maintain a suitable control manhole, do%nstream front any treatment, storage or other approved works, to facilitate observation, measurements and sampling of all wastes including domestic wastewater, from the industry. Tile control manhole shall be constructed at a suitable and satisfactory location and built in a manner approved by the town. Where it storage tank is not required, the control manhole shall be equipped with a pertuanent-type volume- tneasuring device such as a flume, nozzle or other suitable device as may be approved by the town, The manhole shall be installed at the expense of the person discharging the wastes and shall be maintained by such person so as to be safe, accessible and in proper operating condition at all times. Ready, twenty -four-hour per day access to the control manholes shall be provided to line town. (t) Plans for the construction of said control manhole and flow -measuring devices shall be approved by Elie town prior to the beginning of construction. (Ord. of 1219/80, Div. 2, §8—§ 13.34.475) 11. disposal of unacceptable wflste, Waste not pernnitted to be discharged into the sanaitmy sewer must be transported to a state -approved disposal site. (Ord. of 12/9/80.. Div. 2, §9—§ 13,34.480) 12. Special provisions concerning discharges to public sanitary sewers. (a) if any waters or wastes (discharged or proposed to be discharged to the town sewers) contain the substances or possess the characteristics enumerated in this article, and which in the judgment of tine town of county may have a deleterious effect upon the wastewater butinnent works, processes, equipment, or receiving waters, or which create a hayard to life, or constitute a public nuisance, (lie town may reject tine wastes_ (b) The town may discontinue water service or sewer service, or both, to any user vdio violates this article when, in the judgment of the town, such action is necessary to protect the wastewater treatment works, processes, equipment, or receiving waters from injury or damage, or is necessary to protect life or health. (Ord. of 12/9180, Div. 2, § 10—§ 13.34.485) 1.3. Grease trap and interceptor installation, mainteuattee, record -keeping, and removal. (a) INSTALLATION REQUIRED. (1) No later than one (1) year after adoption of this section, all users shall install grease traps or interceptors designed to limit the introduction, contribution and discharge of greases into the to%vit's wastewater collection system or POTW. Grease traps and interceptors with appropriate sampling or inspection points shall be installed at the user's expense whenever any user operates a commercial establishment, industrial establishment, or a cooking establishment. Grease traps and interceptors must have a minimum capacity of one diousand (1,000) gallons or more as required to effect a grease concentration maximtnn of 200 mgll. (2) Alternalive nredrods of compliance may be approved by the town if the user demonstrates that compliance wills this ordinance is impossible or impractical at the time of adoption of this ordinance amendment as a result of limited space. However, any such proposed alternative method of compliance will be required to meet the perfonuance criteria specified in subparagraph (a)(1) of this section, and the user must adequately demonstrate to the satisfaction of the town that the proposed alternative method will satisfy those performance criteria. In addition, any such alternative method must be cleaned at a more frequent interval than is required of grease traps and interceptors under paragraphs (c)(1) and (c)(3) of this section. Prior to approval of any such proposed alternative method of compliance, documentation of the proposed method's actual performance criteria must be submitted to the town's building inspector or Public Works director for review and approval (3) Grease traps and interceptors tnay also be required in other facilities, as deemed necessary by the Town's building inspector and Public Works director. (b) EXEMPTIONS. Upon the prior written approval of the building inspector or Public Works director, establishments may be exempted from the requirements of this section after an inspection of the subject promises and submission of adequate supporting docurueulation, as deemed necessary in the sold and absolute discretion of the building inspector, or Public Works direction in the absence of a building inspector. At a minimum, such supporting documentation shall include. blueprints of the subject premises, a full and detailed description of the operations and activities at the subject premises, and a full and detailed list of 01 potential sources of grease at the subject premises. (c) MAINTENANCE. (1) Users shall empty and service grease traps and interceptors to comply with the performance criteria in subparagraphs (a)(1) and (a)(2) of this section as often as necessary, but in any event no longer than every sixty (60) days. Under-the-counter types of grease traps and interceptors shall be cleaned at least daily, and shall comply with the performance criteria in paragraph (a) of this section. There shall be no reintroduction of wastewater back into the grease trap or interceptor unless and until said wastewater has been proven to contain 200 mg/l or less of grease. Under no circumstances shall the sludge or scum layer be reintroduced or discharged into the To-mi's wastewater collection system or POTW. (2) Users shall supply (a) an adequate sampling point dowirstre-mi of the grease trap or interceptor r1U or #b rrririrrg u111r other spnilary fto, and (b) an accessible entry into each chamber of the grease trap or interceptor. The nringwun re jdrement or sire sarrr lirrpoint shall be a four -melt (d } vertical clean-oue. (3) Users are required to keep the grease trap or interceptor free of inorganic solids such as grit, towels, gloves, cigarettes, eating utensils, etc., which would clog or settle in the trap or interceptor, thereby reducing the effective volume or capacity of the trap or interceptor. (d) RECORD -KEEPING. Users shall retain detailed records on -site for a minimum of three (3) years reflecting all maintenance carried out pursuant to this ordinance. At a minimum, such records shall contain the following information: date of service, name of the emplo}cc involved, and a receipt reflecting all sorvices rendered by the waste hauler providing the service. (e) REMOVAL. [users arc required to ensure that all waste material removed from the grease traps and interceptors is disposed of in a manner that complies with all federal, state and local statutes, rules, regulations, policies, and ordinances. (1) ENFORCEMENT. Except as provided herein, for a period of one (1) year following the adoption of this section, no enforcement actions will be taken under this section for failure to achieve the performance criteria specified in paragraph (a) of this section. If, during such period, (a) an obstruction of any of the town's sanitary sewer main(s) occurs and causes a sewer overflow, spill, leak, or other event with any environmental impact, and (b) such overflow, spill, leak, or other event may be attributed in part or in whole to a particular user, then the town will seek enforcement action under the Sewer Use Ordinance, and/or the Pretreatment Enforeortenl Plan. For purposes of this section, an overflow, spill, leak, or other event shall be deemed to have an environmental impact when (a) such overflow or other event involves an amount of wastewater equal to or in excess of one thousand (1,000) gallons, or (b) any amount of wastewater reaches any body of surface water. (Ord. of 4/9102) ARTICLE IIl_ WASTEWATER VOLUME DETERMINATION 14. Generally, (a) Persons receiving tvastctvater service shall have installed, at their expense, water meters of a type approved by the town for the purpose of measuring the volume of water being used. (b) la the event that a person is not served by the toam's %voter system, then that person shall have installed and maintained at such person's own expense, a water meter of a type approved by the town on that person's %voll or other source of supply. Ready access to the meter shall be provided to authorized representatives of the town, The meter shall be maintained by the user. (c) Except as noted in Section I6-292, wastewater user charges shall be based oil metered water consumption. (d) It is valawful for any person to tamper with or damage any recording device necessary to detennine a volume of flow required by this ordinance. (Ord. of 1219/80, Div. 3, § 1--§ 13-34,490) 15. Special wastewater volume deter-minations for industry. (a) In the event that an industry employs a process involving consumptive use of water, and wastewater and discharge volume cannot be adequately measured by water usage volume, then that industry may install and maintain at its own expense a wastewater meter of a type approved by the town. In this case, wastewater user charges will be based on wastewater meter readings. (b) The volume of flow used in computing the industrial cost recovery (if applicable) shall be based upon metered wafer consumption records except where the industrial waste has been segregated from the wastewater discharge from sanitary conveniences located on the premises; in which case, the charge tvill be computed from the flow recorded by an approved measuring device located at flit point of water supply to all the industrial processes which generate wastewater or located on tiic sewer line tributary to the tot;n wastewater collection system. Said measuring devices shall be installed and maintained at the expense of the industry. (c) 3'he town has the right to read all private meters as required in subsections (a) and (b) of this section and all water meters and/or wastewater flow measuring devices recording water consumed and/or wastewater discharged by industrial users. (Ord. of 12/9/80, Div. 3, §2—§ 13.34.495) ARTICLE IV. WASTEWATER CHARACTER AND CONCENTRATION DETERMINATION 16. Town authority, The town shall make a periodic determination of character and concentration of wastes of any user as may be deemed necessary by the town. (Ord. of 12/9/80, Div_ 4, §1—§ 13,34,500) 17. Sampling site locations. Location of design of sampling sites should be approved by the totem. (Ord, of 1219180, Div. 4, §2--§ 13,34.505) 18. Method of collecting samples. Samples shall he collected in such a manner as to be satisfactory to the town. The laboratory methods used in the examination of said wastewaters shall be those set forth in the latest edition of the "Standard Methods for the Examination of Water and Wastowater," published jointly by the American Health Association, American Water Works Association and Water Pollution Control Federation, ASTM Standards, part 31, Water 1978, or "Methods for Chemical analysis of Water mid Wastes" (EPA). (Ord. of 1219/80, Div. 4, §3--§ 13.34.510) 19. Determination to be binding as basis for charges. The determination of the character and concentration of the industrial Nvastes by the tomi shall be binding; as a basis for charges. Industries nishing to have another sample taken other than at regular intervals may ask the town to take such a sample. (Ord. of 12/9/80, Div. 4, §4--§ 13,34,515) 20. Cost of sampling and analyzing wastes. Costs incidental to sampling and analyzing of wastes that are applicable to surcharges shall be included in the surcharge made to persons discharging wastes into the town wastewater collection System. (Ord. of 12/9180, Div. 4, §5--§ 13,34.520) ARTICLE V. WASTEWATER CONNECTIONS 21, Generally. Wastewater connections shall be made by licensed phnnbers at the expense of llte property owner at whose request the wastewater connection was made_ All plumbing work shall be in accordance with the North Carolina State Plumbing Code. The work in connection csnth wastewater connections shall be done under the supervision of the town_ The properly owner in question shall pay connection charges witich shall include the cost of replacing the payment, if applicable, (Ord. of l2/9/80, Div_ 5, § 1—§ 13.34.525) 22. Separate wastewater connections. Each residence or other building and structure shall have a separate sewer connection; provided, however, that this requirement shall not be construed to apply to a building customarily incidental to and located upon the same lot occupied by the main building. (Ord. of I /9/80, Div. 5, §2--§ 13.34,530) 23. Materials for sewer service lines. (a) Materials for sewer service line shall be either ABS, PVC, or cast iron soil pipe conforming to the following specifications. (1) ABS(acrylonitrile-butadiene-st)zene) pipe and fittings shall be, the push -on type NAth solvent cemented joints conforming to ASTM Specification D275I with SDR 23.5. Installation procedures shall conform to (lie requirements of ASTM Specification 2680, (2) PVC (polyvinyl chloride) pipe and fittings shall be the push -on, rubber-gasketed type conforming to ASTM Specifications D3034 and D3212 widi SDR 35. Minimum allowable wall thickness shall be 0.125 inches. Installation procedures shall confonn to the requirements of ASTM Specification D2321. (3) Cast iron soil pipe and fittings shall be the push -on, rubber-gasketed type conforming to Cast Iron Soil Pipe Institute Specification HS-67. Pipe acid fittings may be either service weight (SV) or extra lieav (XI -I) and shall be stamped as such on the exterior. installation shall be in accordance %vidi the Cast Iron Soil Pipe Institute recommendations. (b) Connections between new service lines and the cicanout provided at the right -of way line and existing or new sanitary drain lines from the user's premises shall be made using mechanical couplings employing rubber gaskets and/or sleeves. No "concrete collar" connections shall be allowed. Nonnally, connections betmun new sanitary senor service lines and the cleanouts installed at the right-of-way line can be made using a plane -end piece of pipe and special transition nibbcr gasket. (Ord. of 12/9/80, Div. 5, §3—§ 13.34.535) 24. Installation of sewer service lines and connection to sewer laterals. (a) Construction acid installation of all new sanitary sewer service lines on public and private property shall conform to thehiorth Carolina State Plumbing Code. (b) Long-swc op combination bonds and cleauiouts shall be installed at each change in direction (horizontal alignincnt). Connections to existing sanitary drains shall be made between the stnhcture mud existing septic tank (-.Nliere applicable) at the point upstream of the septic tank. If, in the opinion of the town inspector or the authorized town representative, die existing sanitary drain line is unsuitable (for example, invested with roots, cracked, clogged, or in some way impaired or subject to infiltration) connection shall be made to the plumbing system inside die foundation wall or to the sanitary drain line at a point throe feet outside the foundation wall. (c) Upon installation of the new, sanitary sc%rer service line, but prior to connection of the line to the cicanout at the right-of-way and backftlling of the line, the Zinc installation shall be inspected by die town inspector or the town's authorized representative and hydrostatically tested in his presence, if requested_ The test shall consist of a hydrostatic test with water at a head of at least five feet above ground level or six feet above service line level, whichever is greater. The test shall be conducted by capping both ends of the service line, filling die line through a riser extending from a cleanout in the line or from a connection to one of the end pipe caps with the water, and observing the water level in the riser to insure no drop in same. The test shall have passed when no appreciable leakage is observed as evidenced by no drop in the water level in the riser pipe over a period of diidy minutes. Any defects in die service line installation shall be repaired to the satisfaction of the town inspector or the iowri's aatrorized representative prior to connection to the cleanout at die right- of-way line. (Ord. of 12/9/80, Div. 5, §4—§ 13.34.540) 25. Repair of broken or clogged sewers. Whenever any house or building sewer, or connection with any main sewer or common drain becomes clogged, broken, out -of -order, or detrimental to the use of the sewer or other drain or unfit for the purpose of drainage, the owner, agent, occupant, or person having charge of any building or premises which is drained through such defective connection shall, when directed by die town, within five days after notice hi writing, reconstruct or repair such sewer, drain or connection as the condition of same may require. (Ord. of 12/9/80, Div. 5, §5—§ 13.34.545) 26. Outside connections. Any person owning or controlling premises located beyond the corporate limits of the town of Selina and desiring to install a plumbing system for the purpose of discharging domestic wastewater and/or industrial wastewater into the collection owned or controlled by the town may do so by complying xnth die requirements of this chapter - (Ord. of 12/9/80, Div. 5, §6---§ 13.34.550) 27. All substances to enter sewerage system through proper connections. It is unlawful for any person to introduce any substance, either solid or liquid, into the wastewater collection system of the town through the tops of manholes or in any other way than through a proper connection, except under specific permit or as othenvise provided iih this chapter. (Ord. of 12/9/80, Div. 5, §7—§ 13.34.555) DIVISION VI. POWERS AND AUTHORITY FOR INSPECTION 28. Generally. Duly authorized employees and representatives of the town, bearing proper identification, shall be permitted to enter upon all properties for die purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter. (Ord. of 1219/80, Div. 6—§ 13.34.560) DIVISION VII. DISCHARGE REPORT, WASTEWATER DISCHARGE PERMITS AND ADMINISTRATION 29. Distharge reports. The town may require that any person discharging or proposing to discharge wastewater of the industrial variety into a sanitary sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of wastes including wastewater discharge. Such reports may also include the chemical constituents aid quantity of liquid or gaseous materials stored on site even though they are not normally discharged. In addition to discharge reports, the tome may require information in die farm of wastewater discharge permit applications and self - monitoring reports. (Ord. of 12I9/80, Div. 7, §1—§ 13.34.565) 30. Wastewater discharge perntits— Mandatory. Each discharger of industrial wastewater must obtain a wastewater discharge permit before connecting to or discharging into a sanitary sewer. Each currently connecting industry must obtain a wastewater discharge permit ►vithin ninety days after being so directed by the town. (Ord. of 1219/80, Div. 7, §2[11—§ 13.34.570) 3I. Wastewater discharge permits —Optional. The town may issue a wastewater discharge permit to any user, upon application, in accordance with the terms of this article in the following category: any user whose wastewater strength is less dram the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons. (Ord. of 12/9/80, Div, 7, §2121--§ 13.34.573) 32. Permit application. Users seeking a wastewater discharge permit shall complete and file with the town an application in the fora► prescribed by the town and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information; (1) Name, address and standard industrial classification number of applicant; (2) Voltune of wastewater to be discharged; (3) Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 16- 271 as detern►'vied by a laboratory approved by the town; (4) Time and duration of discharge; (5) Average and thirty -minute peak wastewater flow rates, including daily and monthly, and seasonal variations, if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation; (7) Description of activities, facilities and plant processes on the premises including all materials, processes and types of materials which arc or could be discharged; (9) Each product produced by 1),pe, amount and rate of production; (9) Dumber and type of employees, and hours of wort:; and (10) Any oilier information as may be reasonably deemed by the town to be necessary to evaluate the permit applications. (Ord, of 12/9/80, Div. 7, §2[3]—§ 13.34.580) 33. Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges, and fees established by the town. The conditions of wastewater discharge permits shall be uniformly enforced by Elie town in accordance with this chapter, and applicable state and federal regulations. Permits may contain the following: (1) The unit charge or schedule of charges and fees for the wastewaters to be discharged to a sanitary sewer; (2) The average and maximum wastewater constituents and characteristics; (3) Limits on rate and time of discharge or requirements for flow regulation and equalization; (4) Requirements for installation of inspection and sampling facilities; (5) Pretreatment requirement; (6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, typo and standards for tests and reporting schedule; (7) Requirements for submission of technical reports or discharge reports; (8) Requirements for maintaining plant records relating to wvastewvater discharges as specified by the town, and affording towwn access thereto; (9) Mean mid maximum mass emission rates, or other appropriate limits when incompatible pollutants (as defined by Section 16-271) are proposed or present in the user's wastewater discharge; andlor (10) Other conditions as may be reasonably deemed appropriate by the town to insure compliance with this chapter. (Ord. of 1219180, Div. 7, §2(4j—§ 13.34.595) 34. Duration of permits. Wastewater discharge 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. if the user is not notified by the town thirty days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the town during the life of the permit as limitations or requirements as identified in Section 2 are modified and changed. The user shall be informed of any proposed changes in his permit at least Thirty da)% prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. of 1219/80, Div. 7, §2[51—§ 13.34.590) 35. Suspension or revocation of permit. Any user who violates the conditions of the wastewater discharge permit, any provisions of this chapter, applicable state and federal regulation, or any of the following is subject to having die permit suspended or revoked; (1) Failure of a user to factually report the wastewater constituents and characteristics of the user's discharge; (2) Failure of the user to report significant changes in operations or wastewater constituents and characledsties; (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or (4) .Failure to report a chemieai spill or accidental discharge. (Ord. of 12/9180, Div. 7, §2[71—§ 13.34.600) 36. Monitoring facilities — Wastewater different than that produced by domestic premises. Users who propose to discharge, or who in the judgment of tte town likely could discharge, wastewater with constituents and characteristics different front that produced by a domestic premises may be required to install a monitoring facility. (Ord. of 12/9180, Div. 7, §3[1]—§ 13.34.605) 37. Monitoring facilities — Separate facilities required when. When more than one user can discharge into a common senlice connection, the town may require installation of a separate monitoring facility for each user. Also, when, in the judgment of the town, there is a significant difference ut the aastewvater constituents and characteristics produced by different operations of a single user, the town may require that separate monitoring faoilides be installed for each separate discharge. (Ord. of 1219180, Div. 7, §3[2j--§ I3.34.610) 38. Monitoring facilities — User's expense — Location. Monitoring facilities that arc required to be installed shall be constructed, operated and maintained at file user's expense. Tile purpose of the facility is to enable inspection, samplinng and flow measurement of wastewaters produced by a user. If Sampling or metering equipment is required by the town, it may be provided, installed and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of tide building, The town may, however, when such a location would be impractical or cause undue hardship our the user, allow the facility to be constructed in the public street or sidewalk area with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles. (Ord. of 1219/80, Div. 7, §3131—§ 13.34.615) 39. Monitoring facilities — Access. If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and inunediate access for town personnel, such as a gate secured with a town lock, There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall or may be supplied and/or maintained by the user, at (lie loser's expense. (Ord. of 1219/80, Div. 7, §3[41-4 13.34.620) 40, Monitoring facilities — Construction. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the tomm's requirements and all applicable local tomm construction standards and specifications. When in the judgment of the town am existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed Mthht ninety days faftNing a written notification unless a time extension is othenvise granted by the tolvii. (Ord. of 12/9/80, Div. 7, §3[3]--§ 13,34.625) 41. Inspection and plumbing. The town and/or county may inspect the facilities of any user to ascertain whether the purpose of Oils chapter is being met slid all requirements are being complied with. Persons or occupants of premises afiere wastewater is created or discharged shall allow the town, Elie county, or their representatives, ready access at all reasonable times to all parts of the premises for purposes of inspection or sampling or in perfonmance of any of their duties. The town and/or county shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operation. Where a user has security measures in force which would require proper identification and elcararim before entry into their premises, the user shall make necessary arrangements %vith their security guards so that upon. presentation of suitable identification, personnel from the town at:d/or county will be permitted to enter without delay for Elie purposes of perforining their specific responsibilities. (Ord. of 1719/80, Div. 7, §4—§ 13.34.630) 42. Pretreatment. Users shall make wastewater acceptable under the limitations established in this chapter before discharging into any sanitary sewer. Any facilities requital to pretreat wastewater to a level acceptable to the town shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facility and operating procedures shall be submitted to Ilse town for review, and shall be approved by the town before beginning construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying die facility as necessary to produce an effluent complying with the provisions of this chapter. Any subsequent clianges in the pretreatment facility or method of operation shall be reported to acid be approved by the town. (Ord. of 12/9/80, Div. 7, §5--§ 13.34.635) 43. protection from accidental discharge. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. raoilities to prevent. accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the town for review, and shall be approved by (lie town before construction of the facility. The review and approval of such p1mis and operating procedures will, in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this chapter. (Ord. of 12/9/80, Div. 7, §6---§ 13,34.640) 44. Flow -control measuring equipment. Where preliminary treatment or flow -equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the user at his expense. All flow -control equipment including, but not thnited to, pumps, nozzles, wires, gates, valves, and flumes shall be subject to the approval of the loam. (Ord. of 12/9/80, Div. 7, §7—§ 13.34.645) INVISION VIII. USER CHARGES 45, Generally, A schedule of charges and fees shall be adopted by the toad. which will enable it to comply with the revenuc requirements of Elie State Clean Water Grant Program, Public Law 9M00 and Public Law 95-217. Said charges and fees shall be determincd in a inanner consistent with the regulations of the grant programs that have benefited the town and its industrial users. User charge shall be a charge levied on all users including, but not limited to, persons, firms, corporations, or governmental entities that discharge, cause or perinit the discharge of sewage into the tomi's wastewater facilities. Each user shall pay its proportionate share of operation and maintenance (including replacement) costs based on volume of flow. Eaeh user shall be notified at least annually in conjunction with a regular bill of the rate and that portion of (lie user charge which is attributable to operation and maintenance of tine wastewater facilities. All industries using the tours treatment works are subject to industrial waste surcharges on discharges whose characteristic exceed (lie limits set out in Section 16-362 for certain pollutants. (Ord. of 1219/80, Div. 8, § 1---§ 13.34,650) 46. Classification of users. (a) All users are to be classified by the town either by assigning each on to a "user classification" category according to the principal activity conducted on the user's premises, by individual user analyzation, or by a combination thereof. The purpose of such collective and/or individual classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics to provide an ef>`eclive means of source control, and to establish a system of charges and fees which will insure an equitable recovery of the toast's cost. (b) Users are classed as nonindustrial and industrial as foltows: (1) An industrial user is any user which meets the definition of an industry, as defined in Division I with the definition of domestic strength waste for exclusion purposes as follows: BOD5 220 ing/l T. suspended solids 220 mg/1 Ammonia nitrogen 25111gll Oil and grease 50 mg/l PH 6-9 ing/l • No heavy metals, toxicants, etc. • Hydraulic loading allowance of no greater than twenty gpd per employee. (2) A nonindustrial user is a user who does not meet the qualifications of an industrial user. (Ord. of 1.2/9180, Div. 8, §2--§ 13-34,655) 47. Types of charges and fees. The charges and fees as established in the town's schedules of charges and fees may include, but are not limited to: (1) Tap (server connection) charges; (2) User classification charges; 0) Pees for extra monitoring, i.e., that which requires costs above the average cost of assessing an average or representative analysis; (4) Fees far permit applications; (5) Appeal fees; (6) Charges and fees based on hydraulic load and ivasteivater constituents and characteristics; (7) Industrial waste surcharges; (8) Ad valorem lax; and (9) Industrial cost recovery payments (if required by federal regulations). (Ord. of 1219/80, Div. 8, §3—§ 13.34.660) 48. Basis for determination of surcharges, (a) Charges and fees shall be based upon a minimum basic charge for each promises, computed on the basis of wastewater from a domestic premises Wntli the characteristics as given under subsection (b)(1) of Section 16-362, (b) The charges and fees for all classifications of users other than the domestie premises shall be based on the relative difference between the average wastewater constituents and characteristics of that classification as related to those of domestic premises. (c) The charges and fees established for pennit users shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of that user which may include, but not be limited to, BOD, COD, suspended solids, ammonia nitrogen, oil and grease, d9orine demand, and volume. (Old_ of 1219/80, Div. 8, §4—§ 13.34-660) 49. Method of determining surcharges. The charge for excesses of the constituents listed in Section 16-363 will be based upon the "mass emission rate" of those constituents and detennined as follows: (1) Mass Emission Irate formula is as follows: MER () = MG x C x 8.34 «Bete: MER is the &Ess emission rate in pounds of a particular constituent, and MG is lice millions n,f a� of wastewater discharged, and C is the concentration in tng11 of the particular constituent being charged for (for example: BOD. SS, ammonia nitrogen, COD, etc.), and 8.34 is equal to the number of ounds/one gallon of water (2) The amount of the charge in dollars mill be calculated as Ao = R x MCR () where; Ao is equal to the amount of rite charge in dollars, and R is equal to (lie rate ofchar& per pound otconstiluent, and MF.R () is equal to the ids of a constituent. (Ord. of 12/9/80, Div. 8, §5—§ 13.34.670) 50. Method of determining charge rates. (a) The town council shall review annually the sewage contribution of users, the total costs of operation and maintenance (including replacement) of the wastewater facilities, and the user charge system. The town council shall revise the user charges, if necessary, to accomplish the follo«ing: (1) Maintain the proportionate distribution of operation and maintenance costs among users as provided in this chapter; and (2) Generate sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance (including replacement) of the wastewater facilities. The adjustments, if any, will become effective following llte first day of each new fiscal year, The town council may review these rates and adjust them accordingly at any time it deems adjustments are in the best interest of the town. (b) All flow to the wastewater facilities not directly attributable to Elie users (i.e., infiltrationfin low) shall be distributed among all users of the wastewater facilities based upon file volunte of flow of the users or on the basis of an equal assessment per each user, at the discretion of the town cotulcil. (Ord. of I2/9180, Div. 8, §fir—§ 13.34.675) 51, Sampling procedures and analysis. (a) All samples acid determinations of wastewater characteristics shall be as representative of the waste discharge as possible. The costs of regular sampling and analysis will be included in the charges and fees. The town may take additional samples after a significant process change Which significantly affects the quantity or strength of the wastewaters discharged. The frequency of sampling shall be as follows: MINIMUM REQUIRED YEARLY FREQUENCY OF TESTS CUMULATIVE FLOW FOR SURCHARGE Million Gallons PARAMETERS Less than 3.0 0-1 per year 3.0 to 6.0 1 per year 6.0 to 9.0 1 every 6 months 9.0 to i2,0 1 every 5 months 12.010I5.0 1 every 4 months 15.0 to 18.0 1 every 3 months Over 18.4 1 per month More frequent sampling may be done at any time at the option of the town. (b) Upon requests by tite user concerned, cite town shall make available split samples of the composite sample collected, if the user feels the results are not representative of their wastes, the town may resample at the actual cost to the town. (Ord. of 12/9/80, Div. 8, §7--§ 13.34.680) DIVISION IX. ENFORCEMENT 52. Discharge of wastes in violation of chapter — Notice and report. Arty user who discharges wastes in violation of this chapter shall, upon discovery thereof, immediately notify the town so that fire town may take nocessaty countermeasures to minimize the damage to the wastewater conveyance, equalization and treatment facilities, treatment processes, and receiving seaters. In addition, such user shall, within fifteen days of such occurrence, deliver to the town a detailed written report describing the cause of such discharge and the measures taken or to be taken to prevent a reoccurrence in file future. (Ord_ of 12/9/80, Div. 10, § i (l)—§ 13.34.685) 53. D'Scharge of wastes ill violation of chapter — Liability, A user who gives the notice and report required by Section 16-381 shall thereby be relieved from cite imposition of airy criminal sanctions, and if the discharge was accidental, front the imposition of any civil fines authorised by this chapter, but shall remain liable to cite town for any expenses incurred by the cocoa as a result of the violation of this chapter and for any loss, injury or death to personnel working in or around the town wastewater system, or the county interceptor, pumping and/or wastewater treatment facilities; damage to the towns sewer system or the coup y's wnastewater interceptor, pumping and/or wastewater treatment facilities treatment processes, or receiving waters, and shall further be liable to the town and/or county for any liability or for arty fines imposed on the town and/or county by (1) the North Carolina DcparYntent of Natural Resources and Community Development, Division of Environmental Management, under provisions of G.S. 143- 215.6, and/or (2) the Environmental Protection Agency, nrtder any applicable federal laws or regulations, and shall fuuther be subject to termination of service or injtu c&c relief as deemed appropriate by the cocoa should the measures taken by the violator be deemed inadequate by the, town to prevent a reoccurrence of file violation. (Ltd. of 12/9/80, Div. 10, §1121 § 13,34.690) 54. Criminal penalty. Any person, including any responsible officer or employee of a corporate violator, who willfully or negligently violates any provisions of this chapter, or falsifies any information or data in any application, report or other document given to the town under this chapter, shall be guilty of a misdemeanor and shall be punishable by fine not to exceed one thousand dollars or imprisonment not to exceed thirty days, or both, in the discretion of the court. (Ord. of 1219/80, Div. 10, §2[11---§ 13.34.695) 55. Civil penalty. (a) Any person, including any corporation, who violates any provisions of this chapter shall, in addition to the criminal penalties as outlined in Section 16-383, be subject to the imposition by the town council of a civil penalty payable to the tot►rtt in an amotutf not to exceed five thousand dollars for each violation and, in addition, shall reimburse the town upon demand for any expenses, loss or damage actually sustained by the town to its sewer syslem(s) or the Comity to its wastewater interceptor, pumping and treatment facilities, treatment processes or receiving waters as a result of such violation, and in addition to any Civil penalty imposed by the town shall be liable for the amount of any fine or penalty imposed upon flit town by cite state or federal regulators agency as a result of such violation. (b) Stich civil penalty shall be assessed only otter the town shall have given the alleged violator notice in writing of the alleged violation. Such notice shall notify writing of the alleged violator that a hearing before the to\Cn council will be lteiu at GttC designated tiny Attu PMM ltoE tnorC than ten days alter the date the notice is sent to the alleged violator. At such hearing, the council shall liar evidence from the town manager, director of public works, sewer system superintendent, consulting engineers, and any other appropriate officials regarding due alleged violation, and shall also hear evidence from or offered by the alleged violator regarding the alleged violation. After hearing such evidence, the town council shall make appropriate findings of fact and conclusions of law regarding the alleged violation and shall determine whether or not a civil penalty is to be assessed against the alleged violator, If a civil penalty is deemed appropriate, the town council shall have the authority to assess a civil penalty against the alleged violator in the amounts provided above. (c) The town manager shall notify the alleged violator by certified snail of the decision made by the town board within ten days of such decision, including a copy of the decision setting forth the findings of fact and conclusions of law as made by the town council. (d) Alter receiving notice of the town council's decision, the alleged violator shall have the right to appeal that decision to Johnston County superior court and any act on the part of the town to collect such imposed civil penalty shall be stayed until a decision is either upheld or reversed by the superior court. (e) If the alleged violator does not appeal the decision of the town council within ten days after receipt of the same, then the civil penalty assessed shall become due and payable within thirty days. Failure to pay tare assessed penalty shall result in termination of server service and, in the case when. sire user ovens the premises, a lien will be placed upon the alleged violator's property located in Johnston County. The town shall have the authority to began a civil action in Elie nature of a debt to recover the civil penalty imposed by the town. (Ord. of 1219180, Div. 10, §2(2]---§ 13,34.700) 55. Injunction and abatement. The violation of this chapter is declared to be a public nuisance, and this chapter may be enforced by injunction and order of abatement in an action instituted ht the General Court of Justice, as provided in G.S. 160A-175. (Ord. of 12/9/80, Div. 10, §3—§ 13.34.705;) 57. Termination of services — Revocation of permits -- Issuance of cease and desist orders. If any person or user violates any provisions of this chapter, the town may: (1) Terminate water and/or sewer services to a user who violates any provisions of this chapter; (2) Suspend for a specified period of time or pennanently revoke any permit granted to such user under an}' provisions of this chapter; or user to: (3) Issue a cease and desist order directing such A. Comply with this chapter forthwith, B. Comply with this chapter in accordance N+ith a time schedule set forth by lie toum, C. Take appropriate remedial or preventive action, or D. A combination of subsections A. and R of subsection (3). (Ord, of 12/9/80, Div. 10, §4--§ 13.34.710) 58. Notice and hearing. (a) Water and server service shall be terminated, cease and desist orders shall be issued, and permits shall be denied, suspended or revoked by order of the town only after the towin shall have given written notice to an alleged violator of contemplated action. Such notice shall advice the alleged violator that a hearing may be requested before the town council and that if such hearing is requested within ten days after the loun's notice to the user, such hearing shall be held within thirty days after the request for such hearing. At the hearing, the town council shall hear evidence from the town manager, director of public works, sewer superintendent, consulting engineers, and any other officials, and from the alleged violator, and any other pertinent evidence shall be rcecivcd by the town and the tonrt shall render a decision making appropriate findings of fact and conclusions of law prior to an), orders for service termination, cease and desist, or pennit denial, suspension or revocation. (b) Provided, however, the provisions of this section shall not be applicable and the town may, without notice and opportunity for hearing to be hold, temporarily order water or sewer services, suspension, or both, to any user if an emergence exists or is imminent which threatens the public health, or is likely to cause severe injury or damage to or interruption of tine tomr's wastewater collection facilities or the county's wastewater interceptor, pumping and treatment facilities, andfor treatment processes, or threatens the lives or severe injury to the town's or county's employees, agents or other authorized personnel. 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