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(A) Administrative Remedies.
(1) Notification of Violation. Whenever the POTW Director finds that any industrial user has violated or is violating this chapter, wastewater permit, or any prohibition, limitation or requirement contained therein or any other pretreatment requirement, the POTW Director may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the city by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(2) Consent Orders. The POTW Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to division (A)(4) below.
(3) Show Cause Hearing. The POTW Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this chapter or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under division (B) of this section nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 51.04(B)(8).
(4) Administrative Orders. When the POTW Director finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement the POTW Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:
(a) Immediately comply with all requirements;
(b) Comply in accordance with a compliance time schedule set forth in the order;
(c) Take appropriate remedial or preventative action in the event of a continuing or threatened violation; or
(d) Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
(5) Emergency Suspensions.
(a) The POTW Director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.
(b) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW Director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW Director to the date of the above-described hearing.
(6) Termination of Permit or Permission to Discharge.
(a) The POTW Director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:
1. Failure to accurately report the wastewater constituents and characteristics of his or her discharge;
2. Failure to report significant changes in operations, or wastewater constituents and characteristics;
3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
4. Violation of conditions of the permit or permission to discharge, conditions of this chapter, or any applicable state and federal regulations.
(b) Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under division (A) of this section why the proposed action should not be taken.
(B) Civil Penalties.
(1) Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, may be assessed a civil penalty up to twenty-five thousand dollars ($25,000) per day per violation.
(a) Penalties of up to $25,000 per day per violation may be assessed against a violator:
1. For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation; or
2. In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this chapter, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.
(2) In determining the amount of the civil penalty, the POTW Director shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quantity or quality or on air quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(h) The costs of enforcement to the city.
(3) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 51.04(B)(8).
(C) Other Available Remedies. Remedies, in addition to those previously mentioned in this chapter, are available to the POTW Director who may use any single one or combination against a noncompliant user. Additional available remedies include, but are not limited to:
(1) Criminal Violations. The District Attorney for the applicable judicial district may, at the request of the city, prosecute noncompliant users who violate the provisions of G.S. 143-215.6B. Note: Under North Carolina law, it is a crime to negligently violate any term, condition, or requirement of a pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local governments (G.S. 143-215.6B(f)), to knowingly and willfully violate any term, condition, or requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment permit, issued by local governments (G.S. 143-215.6B(g)), to knowingly violate any term, condition, or requirement of a pretreatment permit issued by local governments, or knowingly fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent danger of death or serious bodily injury, (G.S. 143-215.6B(h)), and to falsify information required under Article 21 of Chapter 143 of the General Statutes (G.S. 143-215.6B(i)).
(2) Injunctive Relief. Whenever a user is in violation of the provisions of this chapter or an order or permit issued hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of Justice for the issuance of a restraining order and/or a preliminary and permanent injunction which restrain or compel the activities in question.
(3) Water Supply Severance. Whenever an industrial user is in violation of the provisions of this chapter or an order or permit issued hereunder, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply.
(4) Public Nuisances. Any violation of the prohibitions or effluent limitations of this chapter or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the provisions of § 10.99, the city code governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying that nuisance.
(D) Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The POTW Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the POTW Director may take other action against any user when the circumstances warrant. Further, the POTW Director is empowered to take more than one enforcement action against any noncompliant user.
(E) A violation of this section is punishable as a misdemeanor.
(Ord. 90-27, passed 9-17-90; Am. Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14; Am. Ord. 22-01, passed 1-3-22)
At least annually, the POTW Director shall publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 02H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months.
(Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)
(A) Upset.
(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (A)(2) of this section, are met.
(2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the POTW Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(3) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(4) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(5) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(B) Prohibited Discharge Standards Defense. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 51.02(A)(1) or the specific prohibitions in § 51.02(A)(2)(b), (c), (e)through (g) and (i) through (v) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(C) Bypass.
(1) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of division (C)(2) and (3) of this section.
(2) (a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW Director, at least ten days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the POTW Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of this time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(3) (a) Bypass is prohibited, and the POTW Director may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. The user submitted notices as required under division (C)(2) of this section.
(b) The POTW Director may approve an anticipated bypass, after considering its adverse effects, if the POTW Director determines that it will meet the three conditions listed in division(C)(3)(a) of this section.
(Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)
(A) When Required. Where a public sanitary sewer is not available, a building sewer shall be connected to a private sewer disposal system complying with the provisions of this section.
(B) Permit Required. Before commencement of construction of a private sewage disposal system, the owner first shall obtain a written permit signed by the County Health Sanitarian. The application for the permit shall be made on a form furnished by the city which the applicant shall supplement to any plans, specifications, and other information as are deemed necessary by the Sanitarian.
(C) Effective Date of Permit. A permit for a private sewage system shall not become effective until the installation is completed to the satisfaction of the County Health Sanitarian. He or she shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Sanitarian when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of the notice by the Sanitarian.
(D) Type, Capacity, Location, Layout. The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Division of Health Services. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted into discharge into any public sewer or natural outlet.
(E) Connection to Public Sewer; When Required. When a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this section at the first malfunction of the private system, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
(F) Operation and Maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
(G) Additional Requirements by County Health Sanitarian. No statement contained in this section shall be construed to interfere with any additional requirements that shall be imposed by the County Health Sanitarian.
(Ord. 90-27, passed 9-17-90; Am. Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)
(A) Scope and Purpose. To aid in the prevention of sanitary sewer blockages and obstructions from the contributions and accumulation of fats, oils, and greases into said sewer system from industrial, commercial and institutional establishments, particularly food preparation and serving facilities.
(B) Definitions.
(1) Fats, oils, and greases. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
(2) Grease trap or interceptor. A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps and interceptors are sometimes referred to herein as "grease interceptors."
(3) Cooking establishments. Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing , rotisserie cooking, broiling, boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces hot, non-drinkable food product in or on a receptacle that requires washing.
(4) Non-cooking establishments. Those establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking. These include cold dairy and frozen foodstuffs preparation and serving establishments.
(5) Minimum design capacity. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer.
(6) User. Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution of discharge of wastewater into the publicly owned treatment works (POTW), including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
(C) Grease Interceptor Maintenance; Record Keeping and Grease Removal.
(1) Grease interceptors shall be installed by users as required by the City Code Enforcement Officer. Grease interceptors shall be installed at the user's expense, when such user operates a cooking establishment. Grease interceptors may also be required in non-cooking or cold dairy and frozen foodstuffs establishments and other industrial commercial, or institutional establishments when they are deemed necessary by the City Code Enforcement Officer for the proper handling of liquid wastes containing grease.
(2) No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 100 milligrams per liter.
(3) All grease interceptors shall be of a type, design, and capacity approved by the City Code Enforcement Officer or his or her designee and shall be readily and easily accessible for user cleaning and City inspection. No grease interceptor shall be less than 1,000 gallons total capacity unless otherwise approved by the City Code Officer.
(4) All grease interceptors shall be subject to review, evaluation, and inspection by the City Code Enforcement Officer during normal working hours. Results of inspections will be made available to facility owner, lease-holder, or operator. The City Code Enforcement Officer may make recommendations for correction and Improvement.
(5) All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capacity or effective volume of the grease interceptor, but not less than every 30 days.
(6) Users who are required to pass water through a grease interceptor shall:
(a) Provide a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the calculated theoretical peak flow rate predicted by the Uniform Plumbing Code fixture criteria, between influent and effluent baffles with 20% of the total volume of the grease interceptor being allowed for sludge to settle and accumulate, identified hereafter as "sludge pocket".
(b) Remove any accumulated grease cap and sludge pocket as required, but at intervals of not longer than 30 days at the user's expense. Grease interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into the sludge pocket and thereby reduce the effective volume of the grease interceptor.
(c) Accept the following conditions: If any skimmed or pumped wastes or other materials removed from grease interceptors are treated in any fashion onsite and reintroduced back into the grease interceptor as an activity of and after said onsite treatment, the user shall be responsible for the attainment of established grease numerical limit consistent with and contained in division (C)(2) on all discharges of wastewater from said grease interceptor into the city's sanitary sewer collection and treatment system.
(d) Operate the grease interceptor in a manner so as to maintain said device such that attainment of the grease limit is consistently achieved. "CONSISTENT" shall mean any wastewater sample taken from the grease interceptor shall be subject to terms of numerical limit attainment described in division (C)(2). If an establishment desires to use an alternative to an out-of-building grease interceptor, because of documented space restraints, the request for an alternative location shall contain the following information: location of city sewer main and easement in relation to available exterior space outside building; and existing plumbing at or in a site that uses common plumbing for all services at that site.
(e) Understand and agree that the use of biological additives as a grease degradation agent is not permitted.
(f) Understand and agree that the use of automatic grease removal systems is conditionally permissible, upon prior written approval by the City Code Enforcement Officer. Any establishment using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limits outlined in (C)(2), as measured from the unit's outlet, is consistently achieved.
(g) Understand and agree the use of hot water flushing to clear the interceptor is prohibited.
(h) Understand and agree that the City Code Enforcement Officer reserves the right to make determinations of grease interceptor adequacy and need, based on a review of all relevant information regarding grease interceptor performance, facility site and building plan review and to require repairs to, modifications, or replacement of such traps.
(i) Understand and agree that a minimum of once per year, the City Code Enforcement Officer will conduct an inspection of the user's grease interceptor. The City Code Enforcement Officer will coordinate with the user during regular monthly pumping to inspect the condition of the grease interceptor walls, bottom, top, cover, inlet and outlet pipes, and baffles.
(7) The user shall submit a grease trap service record form provided by the City Code Enforcement Officer on the first day of each month. The user shall maintain a written record of trap maintenance for three years. All such records will be available for inspection by the city at all times.
(8) Non-grease laden sources are allowed to be connected to sewer lines intended for grease interceptor service.
(9) Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow and infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.
(D) Violations and Penalties.
(1) Any user failing to submit the grease trap service record, due by the first of each month, to the City Code Enforcement officer by the tenth day of the month, may be fined $100 per week until said document is submitted.
(2) It shall be a violation of this section for any user to allow floatable oils, fats, or greases to enter the city wastewater collection or treatment system, in excess of the limits outlined in division (C)(2), because of grease interceptors or other grease handling facilities being inadequately serviced or maintained.
(3) Users receiving unsatisfactory evaluations during inspections may be required, at the user's expense, to sample its grease interceptor discharge and have it analyzed for oil and grease. Results of such analyses shall be reported to the Code Enforcement Officer.
(4) Any user found to be in violation shall be notified in writing through certified mail of any non-compliance and will be required to provide a schedule whereby corrections will be completed. Users known to be in violation shall be subject to fines of $500 per day until actions are taken to prevent said violations from recurring.
(5) Users who continue to violate this section, three violations in 12 months, may be considered for discontinuance of sewer service.
(6) Users whose operations cause or allow excessive grease to discharge or accumulate in the city wastewater collection and treatment system may be liable to the city for costs related to service calls for sewer line blockages, line cleaning, line and pump repairs including all labor, materials, and equipment. Failure to pay all service related charges may also be grounds for sewer service discontinuance.
(E) Existing Facilities.
(1) All existing cooking establishments shall have grease interceptors approved by the City Code Enforcement Officer. Cooking establishments without grease interceptors will be given a compliance deadline not to exceed six months from the date of the ratification of this chapter.
(2) Failure to comply will be considered a violation of this section and such facilities may be subject to penalties and corrective actions. Existing facilities shall meet the same requirements for design as new facilities.
(3) In the event an existing cooking establishment's grease interceptor is either under designed or substandard in accordance with this policy, the owner(s) will be notified in writing through certified mail of the deficiencies and required improvements and given a compliance deadline not to exceed six months to conform with the requirements of this chapter.
(Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)
If any provision, division, word, or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, divisions, words, and sections shall not be affected and shall continue in full force and effect.
(Ord. 90-27, passed 9-17-90; Am. Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)
All other ordinances and parts of ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.
(Ord. 90-27, passed 9-17-90; Am. Ord. 94-19, passed 9-19-94; Am. Ord. 07-12, passed 5-21-07; Am. Ord. 14-04, passed 2-17-14)