The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Approval Authority means the director of the Division of Water Quality of the North Carolina Department of Environment, and Natural Resources or his designee.
Authorized Representative of the Industrial User means:
(1) If the industrial user is a corporation, “authorized representative” shall mean:
a. The president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively.
(3) If the industrial user is a federal, state or local government facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in subsections (1)—(3) of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the county.
(5) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the POTW director prior to or together with any reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/l).
Building sewer means a sewer conveying wastewater from the premises of a user to the POTW.
Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.
Categorical standards means National Categorical Pretreatment Standards or pretreatment standard.
Commercial establishment and industrial establishment mean any user that has the potential to use, contribute to or otherwise impact the county's wastewater collection system or POTW. Such establishments include, but are not limited to, maintenance facilities, repair facilities and equipment cleaning facilities.
Control Authority or Johnston County. Refers to the POTW organization if the POTW organization's Pretreatment Program approval has not been withdrawn.
Cooking establishment means any establishment primarily engaged in the activities of cooking, preparing, serving or otherwise making available for human consumption any form of foodstuff, and which uses one or more of the following cooking or preparation methods in connection with such activities; cooking or preparation by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, poaching, or any type of cooking or preparation that produces a hot nonpotable product in or on a receptacle that requires washing, rinsing or other form of cleaning. Such establishments include, but are not limited to, restaurants, cafeterias, extended care facilities, school cafeterias (public and private), and daycare facilities where meals for more than six children are prepared, served or otherwise made available for human consumption.
County means the County of Johnston, North Carolina, and its utility service area.
County Manager means the chief executive/chief operating of the county who is appointed by and serves at the pleasure of the board of commissioners.
EPA means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of that agency.
Grab sample means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
Grease means all greases, grease complexes, fats, oils, scum, sludges and all other organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. Such substances are detectable and measurable using analytical procedures established in 40 CFR 136.
Grease trap and grease interceptor mean a device for separating and retaining waterborne greases before the wastewater which contains such grease exits the grease trap or interceptor into the county's wastewater collection system or POTW. The grease trap or interceptor also collects settleable solids generated by or incidental to commercial, industrial and food preparation activities.
Holding tank waste means any waste from holding tanks, including, but not limited to, such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect discharge and discharge mean the discharge or the introduction from any nondomestic source regulated under section 307(b), (c), or (d) of the act, (33 USC 1317), into the POTW (including holding tank waste discharged into the system).
Industrial user and user mean any person which is a source of indirect discharge.
Instantaneous maximum allowable discharge limits means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference means the inhibition, or disruption of the POTW collection system, treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the Control Authority's (and/or POTW's, if different from the Control Authority) NPDES, collection system, or nondischarge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the act, (33 USC 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 USC 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
National Categorical Pretreatment Standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which applies to a specific category of industrial users, and which appears in 40 CFR chapter 1, subchapter N, parts 405—471.
National Pollution Discharge Elimination System or NPDES permit means a permit issued pursuant to section 402 of the act (33 USC 1342), or pursuant to G.S. 143-215.1 by the state under delegation from EPA.
National Prohibitive Discharge Standard and prohibitive discharge standard mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 24-121 and are developed under the authority of 307(b) of the act and 40 CFR 403.5.
New source means
(1) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307(c), provided that the:
a. Building, structure, facility, or installation is constructed at a site at which no other source is located;
b. Building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. Production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)b or c of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) For purposes of this definition, construction of a new source has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Noncooking establishment means any establishment primarily engaged in the rendering or preparation of pre-cooked foodstuffs that do not require or involve any form of cooking. Such establishments include, but are not limited to, establishments that are primarily engaged in the rendering preparation of cold dairy and frozen foodstuffs.
Non-discharge Permit means a permit issued by the State pursuant to N.C.G.S. 143-215.1 (d) for a waste which is not discharged directly to surface waters of the State or for a wastewater treatment works which does not discharge directly to surface waters of the State.
Pass Through means a discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES, collection system, or nondischarge permit, or a downstream water quality standard even if not included in the permit.
Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, and local government entities.
pH means a measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Pollutant means any "waste" as defined in N.C.G.S. 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor).
POTW Director means the chief administrative officer of the Control Authority or his/her delegate.
POTW Treatment Plant means that portion of the POTW designed to provide treatment to wastewater.
Pretreatment and Treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW collection system and/or treatment plant. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR Part 403.d(d).
Pretreatment Program means the program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by Johnston County in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by N.C.G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11.
Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.
Pretreatment standards means prohibited discharge standards, categorical standards, or local limit which applies to an industrial user.
Publicly Owned Treatment Works (POTW) or Municipal Wastewater System means a treatment works as defined by section 212 of the Act, (33 U.S.C. §1292) which is owned in this instance by the county. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant including those owned by other municipalities. For the purposes of this ordinance, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the county who are, by contract or agreement with the county, or in any other way, users of the POTW of the county.
Severe property damage means substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Significant Industrial User means any industrial user that discharges wastewater into a publicly owned treatment works and that:
(1) Discharges an average of 25,000 gallons or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown).
(2) Contributes more than 5% of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge, or
(3) Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR Chapter I, Subchapter N, Parts 405-471, or
(4) Is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation, or for violating any Pretreatment Standard or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for contributing to violations of the POTW's receiving stream standard, or for limiting the POTW's sludge disposal option.
(5) Subject to division approval under 15A NCAAC 02H .0907 (b), the Control Authority may determine that an Industrial User meeting the criteria in paragraphs (A) and (B) above has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for contributing to violations of the POTW's receiving stream standard, or for limiting the POTW's sludge disposal options, and is not a Significant Industrial User.
Significant Noncompliance or SNC means a status of noncompliance. A Significant Industrial User or an Industrial User is in SNC when one or more of the following criteria are met:
(1) Violations of wastewater discharge limits.
a. Chronic Violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter (not including flow) during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR Part 403.3(1).
b. Technical Review Criteria (TRC) violations. Defined here as those in which thirty-three percent or more of all the measurements taken for the same pollutant parameter during a six month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3 (1) multiplied by the applicable TRC; TRC = 1.4 for BOD, TSS, fats oil and grease, 1.2 for all other pollutants (except flow and pH);
c. Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR Part 403.3(1) (daily maximum, long term average, instantaneous limit, or narrative standard) the Control Authority and/or POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
d. Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health/welfare or to the environment or has resulted in either the Control Authority's or the POTW's (if different from the Control Authority) exercise of its emergency authority under 40 CFR Part 403.8 (f) (1) (vi) (B) and this article to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.
(3) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 45 days from the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the Control Authority and/or POTW determines will adversely affect the operation or implementation of the local pretreatment program.
Slug Load or Discharge means any discharge at a flow rate or concentration which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits, or Industrial User Permit Conditions. This can include but is not limited to spills and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or any other discharges that can cause a violation of the prohibited discharge standards in Section 24-121 of this ordinance.
Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.
Storm Water means any flow occurring during or following any form of natural precipitation and resulting from such precipitation.
Superintendent and director/superintendent mean the person designated by the director to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
Wastewater permit means a permit as set forth in section 24-172.
Waters of the state means all streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion of the state.
This ordinance is gender neutral and the masculine gender shall include the feminine and vice-versa.
"Shall" is mandatory; "may" is permissive or discretionary.
The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
(Ord. of 10-1-1996, § 1.2(a); Ord. of 12-3-2000; Amend. of 3-3-2008(3); Ord. of 3-4-2013)
Cross reference—Definitions generally, § 1-2.