(A) (1) There shall be two classes of building sewer permits:
(a) Building sewer permits for residential, commercial, or public facilities; and
(b) Permit to discharge industrial wastes, for establishments as defined in § 50.001 of this chapter.
(2) In either case, the owner(s), or his or her agent, shall make application on a special form furnished by the local government. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Public Services Director. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the local government at the time the application is filed according to the most recent fee schedule as prescribed by the local government and on file in the office of the Town Clerk.
(B) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the local government from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer; provided, however, that such indemnification shall not extend to loss or damage due solely to willful misconduct or negligence on the part of the local government.
(C) The town will, on new taps, run a four- or six-inch lateral to the property line at a point convenient to the town, from a sewer line on public property, if the line exists, at the rates set forth in the town fee schedule. The town will install a clean-out at the property line. On existing services, the town reserves the right to install a clean-out at the property line.
(D) The town shall not be liable for damage of any kind whatsoever resulting from sewage or the use of sewers on the consumer’s premises. The town shall not be responsible for any damage done by or resulting from any defect in the piping, fixture or appliance on the consumer’s premises. The town shall not be responsible for negligence of third party persons or forces beyond the control of the town resulting in any interruption of service.
(E) Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Public Services Director to meet all requirements of this chapter.
(F) Existing building sewers may be kept in service if, in the opinion of the Public Services Director, they are in acceptable structural condition and operate satisfactorily. All new building sewers, including any necessary replacement of existing building sewers, must comply with the following conditions:
(1) The building sewer shall be cast iron soil pipe, ASTM specification A74 29 or equal; vitrified clay sewer pipe, ASTM specification C 200 or equal; or other suitable material approved by the Public Services Director. Joints shall be tight and waterproof. Any part of the building sewer that is located within ten feet of water service pipe shall be constructed of cast iron soil pipe with leaded joints. Cast iron pipe with leaded joints may be required by the Public Services Director where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be cast iron soil pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Public Services Director.
(2) The size and slope of the building sewer shall be subject to the approval of the Public Services Director. Whenever possible, the building sewer shall be brought to the building at the elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by a means approved by the Public Services Director and discharged to the building sewer. No building sewer shall be laid parallel to or within five feet of any bearing wall which might therefore be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.
(3) All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the Public Services Director. Pipe laying and backfill shall be performed in accordance with ASTM specification C12-19, except that no backfill shall be placed until the work has been inspected.
(4) All joints and connection shall be made gastight and watertight. Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification ZZ-L-156, not less than one-inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. All joints in vitrified clay pipe shall be factory made compression joints as described under ASTM C-425, Type 3.
(5) Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160°F, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material.
(6) Other jointing materials and methods may be used if approved by the Public Services Director, subject to the North Carolina Building Code.
(7) The connection of the building sewer into the public sanitary sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located “Y” branch is available, the owner shall, at his or her expense, install a “Y” branch in the public sewer at the location specified by the Public Services Director.
(8) Where the public sewer is greater than 12 inches in diameter, and no properly located “Y” branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45 degrees. A 45-degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Public Services Director.
(G) No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(H) The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Plumbing Code or other applicable rules and regulations of the state. Any deviation from the prescribed procedures and materials must be approved by the Public Services Director before installation.
(I) The applicant for the building sewer permit shall notify the Public Services Director when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Public Services Director or his or her representative.
(J) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in manner satisfactory to the local government.
(K) It shall be the responsibility of the property owner to keep and maintain the building sewer connected to the public sewer in good repair. The owner shall be responsible for making necessary repairs, at his or her own expense, to the building sewer when notified in writing by the local government that repairs are necessary. Should the owner fail to repair the building sewer within 60 days after receiving written notification by the local government that such repairs are necessary, the local government may make the necessary repairs to the building sewer and shall assess the owner for the cost of the repairs.
(L) The consumer’s piping and apparatus shall be installed and maintained by the consumer, at the consumer’s expense, in a safe and efficient manner and in accordance with the town’s rules and regulations and in full compliance with the sanitary regulations of the North Carolina Department of Environment and Quality.
(M) The consumer shall guarantee proper protection for the town’s property placed on the consumer’s premises and shall permit access to it by authorized representatives of the town.
(N) In the event that any loss or damage to the property of the town or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his or her agents or employees, the cost of necessary repairs or replacements shall be paid by the consumer to the town; and any liability otherwise resulting shall be assumed by the consumer.
(O) The amount of the loss or damage or the cost of repairs shall be added to the consumer’s bill; and if not paid, service may be discontinued by the town.
(P) In addition to the requirements of divisions (A) through (J) above, any person who, after the effective date of this chapter proposes to originate the discharge of any industrial waste for the first time into the sanitary sewerage system or who proposes to make a significant change in the character or volume of any industrial waste theretofore discharged into the sanitary sewerage system shall apply to the town for a “permit to discharge industrial wastes” on the special form furnished by the town. The applications shall be supplemented by such information as the Public Services Director may reasonably require for purposes of determining whether the qualifications are met as specified in division (T) below.
(Q) In the event of failure of the Public Services Director to issue to the applicant a written grant or denial of a permit within 60 days from the submission of any additional information requested from the applicant by the Public Services Director (which shall be requested within 30 days after submission of the original application), it shall be lawful for the applicant to discharge the industrial waste described in the application into the sanitary sewerage system as if a permit to do so had been granted.
(1) If thereafter, the Public Services Director determines that a permit should be denied, the Public Services Director shall give written notice to the applicant specifying the reasons for denial of a permit and what remedial action, if any, must be taken to qualify the application for a permit.
(2) The applicant shall thereupon discontinue the industrial waste discharge or comply with any reasonable remedial conditions specified by the Director of Public Services within the time limit to be specified by the Director of Public Services or shall file notice of appeal from the decision of the Director of Public Services within 30 days from the date of such decision. In the event the applicant appeals the decision, it shall be lawful for the applicant to discharge the industrial waste described in the application subject to furnishing a bond or other security with terms specified by the Director of Public Services, to hold harmless the town from any loss or expense that it may incur as a result of such noncompliance or any further noncompliance until a final decision becomes effective in response to such appeal, whereupon the applicant shall comply with the conditions, if any, specified by the terms of the decision in such appeal.
(R) A significant change in the character or volume of an industrial waste, for purposes of division (P) above, shall be deemed to be proposed if substances, compounds and elements not previously constituting a significant part of a person’s industrial waste are expressed in milligrams per liter, of any substance, compound or element in the waste, or average volume proposed to be discharged will increase by 25% or more. In case of doubt as to whether an intended change constitutes a significant change, it shall be the responsibility of the person intending to make such a change to make the necessary application or obtain a written ruling from the Director of Public Services that an application for a permit is not required.
(S) Any person who, on the effective date of this chapter, is operating within the town an industrial establishment within the meaning of § 50.001 of this chapter for which industrial waste is discharged into the sanitary sewerage system (hereafter called “an existing industrial discharger”) may continue such discharge until six months after the effective date of this chapter. On or before this date, a permit will be required and an application shall have been submitted to the Director of Public Services in accordance with the following provisions:
(1) The Director of Public Services shall issue written notices to each existing industrial discharger at least 120 days prior to the date the permit shall be required specifying in such notice the time within which an existing industrial discharger shall file application for a permit.
(2) Within the specified time limit, the existing industrial discharger shall file the required application together with any other reasonable necessary information as described in division (T) below.
(3) An existing industrial discharger may continue to discharge, after complying with the requirement to file an application for a permit, unless and until receipt by the applicant of a written notice specifying the reason for denial of a permit and specifying what remedial action, if any must be taken to qualify the applicant for permit.
(4) In the event that the applicant is denied a permit, the applicant shall comply with the provisions specified in division (Q) above.
(5) An acceptable schedule has been established to show that the discharger will comply with the sections of this chapter relating to the pretreatment of industrial wastewater. In addition, the owner shall agree to comply with any future federal and/or state pretreatment standard applicable to the owner’s wastewater discharge.
(6) In any case where a final determination has been made denying a permit, either after an appeal or because a timely appeal has not been taken, it shall be unlawful for any person so denied a permit to discharge industrial waste into a sanitary sewerage system.
(T) The “permit to discharge industrial waste” will be issued by the town only when the Director of Public Services has determined that satisfactory information has been submitted to indicate that:
(1) Sufficient capacity is available at the proposed point of discharge for receiving the discharge of industrial waste and adequate treatment capacity is available for testing;
(2) The waste being discharged or proposed to be discharged is amenable to treatment by the processes employed in the wastewater treatment plant of the town and will not impair the ability of the town to comply with the current NPDES permit limits;
(3) The waste being discharged or proposed to be discharged will not cause damage to the sanitary sewerage system and/or wastewater treatment facilities, and will not constitute a hazard to humans or animals; and
(4) The concentrations of substances, compounds, and elements in the waste being discharged or proposed to be discharged do not exceed the limits established in § 50.053 of this subchapter.
(U) Such “permit to discharge industrial wastes” as described herein shall be issued initially for a period of one year and may be renewed for periods of one to five years per the discretion of the Director of Public Services or until such industrial discharge ceases, whichever comes first. Such permit may be renewed by repeating the aforedescribed application procedures.
(V) The permittee shall submit to the Director of Public Services a periodic compliance report, at the time intervals stated in the permit, which indicates the nature and concentration of pollutants in their discharge effluent that are specified in the permit.
(W) All costs and expenses incurred by the town as a result of processing sewer permits and making any necessary inspections shall be in accordance with the policies and schedules of rates, fees and charges in effect at the time of such incurrence.
(Prior Code, § 50.052) Penalty, see § 50.999