(A) Use of public sewers required.
(1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town or in any area under the jurisdiction of the town any human or animal excrement, garbage, or other objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet within the town or in any area under the jurisdiction of the town any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with this subchapter and with regulations of the Division of Water Quality.
(3) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
(4) The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the town, is hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 90 days after date of official notice to do so, provided that the public sewer is within 150 feet of the property line or the owner or tenant will be assessed a monthly access fee equal to the minimum monthly sewer charge.
(B) Use of private sewage disposal systems.
(1) Where a public sanitary sewer is not available, the building sewer shall be connected to a private wastewater disposal system complying with applicable state stands. Before commencement o construction of a private water disposal system, the owner shall first obtain a written approval of the state acting through the county health department. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the department of public health and Division of Water Quality. No septic tank or cesspool shall be permitted to discharge to any natural outlet. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times; at no expense to the town.
(2) At such time as a public sewer becomes available to a property served by a private wastewater disposal system a direct connection shall be made to the public sewer within 60 days. Under unusual and/or special circumstances the town may extend the time of compliance or waive the requirement.
(C) Protection from damages.
(1) It shall be unlawful for any person to damage, tamper with or otherwise do harm to the mains, pipes, manholes, apparatus or other parts of the sanitary sewer system, or to place or cause to be placed any object of any nature whatsoever into the system that blocks or obstructs or impedes the normal flow in the sewer system.
(2) No unauthorized person shall maliciously, willfully or negligently breaks, damage, destroy, uncover, deface or tamper with any equipment or materials, belonging to the town, used for the purpose of making tests or examinations and left upon the premises of a person discharging wastes into the sewers.
(D) Connection specifications and restrictions.
(1) All connections to the sanitary sewer system shall be made by authorized employees of the town in accordance with specifications for such connection that may be adopted by the town. If authorized by the Board of Commissioners, connections may be made by plumbers licensed to perform plumbing work in the town. All construction shall be in conformity with the state plumbing and building codes, as amended. Any sewer connection made by an authorized licensed plumber shall be inspected by the approving authority after such work has been completed and prior to the time such connection is covered.
(2) No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of infiltration/inflow to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(E) Separate connections required. Each separate dwelling, structure, business or other building shall have a separate connection to the system; provided, however, that apartments or other multi-use or occupancy buildings may have 1 confined connection within the discretion of the town.
(F) Connections outside town. Any person owning or controlling premises beyond the corporate limits of the town and desiring to install a plumbing system for the purpose of discharging domestic and/or industrial waste into the sanitary sewers of the town may do so by complying with the requirements of the town shall be the responsibility of the property owner and shall be done under the general supervision of the public works director of the town.
(G) Maintenance and repair of connections. Whenever any service to any building or premise becomes clogged, broken, out of order, or in any condition detrimental to the use of the sewer service, the owner, agent or occupant having charge of such building or premises shall be held responsible for the immediate renewal or repair of the sewer service necessary to maintain an uninterrupted sanitary disposal system. Renewal or repair of sewer service from the main to the property line shall be made at the expense of the town by authorized personnel only; renewal or repair of sewer service from the property line to the source of discharge shall be the responsibility of the property owner.
(H) Prohibited discharge standards.
(1) General prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national, state, or local pretreatment standards or requirements.
(2) Specific prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater.
(a) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. § 261.21.
(b) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than 1/2 inch in any dimension.
(c) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
(d) Any wastewater having a pH less than 5.0 or more than 9.5 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment.
(e) Any wastewater containing pollutants, including oxygen-demanding pollutants, (BOD and the like) in sufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW.
(f) Any wastewater having a temperature greater than 150°F (66°C), or which will inhibit biological activity in the POTW treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C).
(g) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(h) Any trucked or hauled pollutants, except at discharge points designated by the POTW Director in accordance with division (P) of this section.
(i) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(j) 1. Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.
2. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under § 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
(k) Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plant’s effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses or which causes a violation of the town’s state or federal wastewater permits.
(l) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW Director in compliance with applicable state or federal regulations.
(m) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the POTW Director.
(n) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l unless authorized by the POTW Director.
(o) Any sludges, screenings or other residues from the pretreatment of industrial wastes.
(p) Any medical wastes, except as specifically authorized by the POTW Director in a wastewater discharge permit.
(q) Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system.
(r) Any material that would be identified as hazardous waste according to 40 C.F.R. Part 261 if not disposed of in a sewer except as may be specifically authorized by the POTW Director.
(s) Any wastewater causing the treatment plant effluent to violate state water quality standards for toxic substances as described in 15A NCAC 2B .0200.
(t) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test.
(u) Recognizable portions of the human or animal anatomy.
(v) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.
(w) Any wastes causing two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), to be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter.
(3) Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system.
All floor drains located in process or materials storage areas must discharge to the industrial user’s pretreatment facility before connecting with the system.
(4) When the POTW Director determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW Director shall:
(a) Advise the user(s) of the potential impact of the contribution on the POTW in accordance with § 50.58(A); and
(b) Take appropriate actions in accordance with § 50.54 for such user to protect the POTW from interference or pass through.
(I) National categorical pretreatment standards. Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 C.F.R. Chapter 1, Subchapter N, Parts 405-471 and incorporated herein.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW Director may impose equivalent concentration or mass limits in accordance with 40 C.F.R. § 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW Director shall impose an alternate limit using the combined wastestream formula in 40 C.F.R. § 403.6(e).
(3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 C.F.R. § 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 C.F.R. 403.15.
(J) Local limits.
(1) An industrial waste survey is required prior to a user discharging wastewater containing in excess of the following average discharge limits.
BOD | 250 mg/l |
TSS | 250 mg/l |
NH3 | 25 mg/l |
Arsenic | 0.003 mg/l |
Cadmium | 0.003 mg/l |
Chromium | 0.05 mg/l (total chromium) |
Copper | 0.061 mg/l |
Cyanide | 0.015 mg/l |
Lead | 0.049 mg/l |
Mercury | 0.0003 mg/l |
Nickel | 0.021 mg/l |
Silver | 0.005 mg/l |
Zinc | 0.175 mg/l |
(2) Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW’s maximum allowable headworks loading are not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The POTW Director may impose mass based limits in addition to, or in place of concentration based limits.
(K) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
(L) Right of revision. The town reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives presented in § 50.50(A) or the general and specific prohibitions in division (H) of this section, as is allowed by 40 C.F.R. § 403.4.
(M) Dilution. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National categorical pretreatment standards, unless expressly authorized by an applicable pretreatment standard, or any other pollutant-specific limitation developed by the town or state.
(N) Pretreatment of wastewater.
(1) Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and wastewater permits issued under § 50.54(B) and shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibitions set out in division (H) of this section within the time limitations as specified by EPA, the State, or the POTW Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town for review, and shall be approved by the POTW Director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Town under the provisions of this subchapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the POTW Director prior to the user’s initiation of the changes.
(2) Additional pretreatment measures.
(a) Whenever deemed necessary, the POTW Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.
(b) The POTW Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(c) Grease, oil, and sand interceptors shall be provided when, in the opinion of the POTW Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the POTW Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
(d) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(O) Accidental discharge/slug control plans.
(1) The POTW Director shall evaluate whether each significant industrial user needs a plan or other action to control and prevent slug discharges and accidental discharges as defined in § 50.51(A). All SIUs must be evaluated within one year of being designated an SIU. The POTW Director may require any user to develop, submit for approval, and implement such a plan or other specific action. Alternatively, the POTW Director may develop such a plan for any user.
(2) All SIUs are required to notify the POTW Director immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load. Also see § 50.55(E) and (F).
(3) An accidental discharge/slug control plan shall address, at a minimum, the following:
(a) Description of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW Director of any accidental or slug discharge, as required by § 50.56; and
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(P) Hauled wastewater.
(1) Septic tank waste may be introduced into the POTW only at locations designated by the POTW Director, and at such times as are established by the POTW Director. Such waste shall not violate division (B) of this section or any other requirements established by the town. The POTW Director may require septic tank waste haulers to obtain wastewater discharge permits.
(2) The POTW Director shall require haulers of industrial waste to obtain wastewater discharge permits. The POTW Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The POTW Director also may prohibit the disposal of hauled industrial waste if he adopts a uniform rule for determining which wastes are prohibited. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
(3) Industrial waste haulers may discharge loads only at locations designated by the POTW Director. No load may be discharged without prior consent of the POTW Director. The POTW Director may collect samples of each hauled load to ensure compliance with applicable standards. The POTW Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(4) Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.
(Ord. passed 3-12-2002; Am. Ord. 10-130, passed 4-20-2010; Am. Ord. 12-150, passed 12-18-2012) Penalty, see § 10.99