(A) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
(1) ACT OR “THE ACT”. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §1251, et seq.
(2) APPROVAL AUTHORITY. The Director of the Division Of Water Quality of the North Carolina Department of Environment and Natural Resources or his designee.
(3) AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.
(a) If the industrial user is a corporation, authorized representative shall mean:
1. 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
2. The manager of one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment RECOMMENDATIONS, and initiate and direct comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or the proprietor, respectively.
(c) 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.
(d) The individuals described in divisions (A)(3)(a) through (A)(3)(c) above 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 town.
(e) 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 POTW Director prior to or together with any reports to be signed by an authorized representative.
(4) BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g. mg/1).
(5) BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
(6) BYPASS. The intentional diversion of wastestreams from any portion of a user’s treatment facility.
(7) CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.
(8) CONTROL AUTHORITY. Refers to the POTW organization if the POTW organization’s Pretreatment Program approval has not been withdrawn.
(9) ENVIRONMENTAL PROTECTION AGENCY OR EPA. 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 said agency.
(10) GRAB SAMPLE. 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.
(11) HOLDING TANK WASTE. 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.
(12) INDIRECT DISCHARGE OR DISCHARGE. The discharge or the introduction from any nondomestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
(13) INDUSTRIAL USER OR USER. Any person which is a source of indirect discharge.
(14) INTERFERENCE. The inhibition, or disruption of the POTW treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW’s NPDES, collection system or non-discharge 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 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA)(42 U.S.C. §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.
(15) MEDICAL WASTE. 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.
(16) NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. §1317) which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
(17) NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.010 and are developed under the authority of 307(b) of the Act and 40 CFR, section 403.5.
(18) NEW SOURCE.
(a) 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:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The 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.
(b) 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 division (A)(18)(a)2. or (A)(18)(a)3. above but otherwise alters, replaces, or adds to existing process or production equipment.
(c) For purposes of this definition, construction of a new source has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous on-site construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. 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
2. 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.
(19) NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(20) NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM, OR NPDES, PERMIT. A permit issued pursuant to section 402 of the Act (33 U.S.C. §1342), or pursuant to G.S. § 143-215.1 by the state under delegation from EPA.
(21) NON-DISCHARGE PERMIT. A disposal system permit issued by the state pursuant to G.S. § 143-215.1 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.
(22) PASS THROUGH. 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 or non-discharge permit, or a downstream water quality standard.
(23) PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their or their legal representatives, agents or assigns. This definition includes all federal, state, and local government entities.
(24) pH. 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.
(25) POLLUTANT. Any “waste” as defined in 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, or odor).
(26) POTW DIRECTOR. The Town Administrator designated with the responsibility for the pretreatment program and enforcement of this chapter.
(27) POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
(28) PRETREATMENT. 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 403.6(d).
(29) PRETREATMENT PROGRAM. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the town in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by G.S. § 143-215.3(a)(14) in accordance with 40 CFR 403.11.
(30) PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.
(31) PRETREATMENT STANDARDS. Prohibited discharge standards, categorical standards, or local limits which applies to an industrial user.
(32) PUBLICLY OWNED TREATMENT WORKS (POTW) or MUNICIPAL WASTEWATER SYSTEM. A treatment works as defined by section 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the town. 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. For the purposes of this chapter, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the town who are, by contract or agreement with the town, or in any other way, users of the POTW of the town.
(33) SEVERE PROPERTY DAMAGE. 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.
(34) SIGNIFICANT INDUSTRIAL USER OR SIU. An industrial user that discharges wastewater into a publicly owned treatment works and that:
(a) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(b) Contributes process wastewater which makes up 5% or more of the NPDES or non- discharge permitted flow limit or 5% or more of the maximum allowable headworks loading of the POTW treatment plant for any POTW pollutant of concern;
(c) Is subject to Categorical Pretreatment Standards under 40 CFR Part 403.6 and 40 CFR chapter 1, Subchapter N, Parts 405-471; or
(d) Is designed 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 steam standard, or for limiting the POTW’s sludge disposal options.
(e) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in divisions (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 thus is not a significant industrial user.
(f) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in division (c) above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user.
(g) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in division (c) above meets the requirements of 40 CFR Part 403.12(e)(3) and this is a middle tier significant industrial user. Sampling and inspection requirements may be cut in half as per 40 CFR Parts 403.8(f)(2)(v)(C) and 403.12(e)(3).
(35) SIGNIFICANT NONCOMPLIANCE OR SNC. The status of noncompliance of a significant industrial user when one or more of the following criteria are met. Additionally, any industrial user which meets the criteria in division (c), (d), or (h) shall also be SNC.
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% 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(l).
(b) Technical Review Criteria (TRC) violations, defined here as those in which 33% 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 Part 403.3(l) 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(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority and/or POTW determine 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 POTWs, if different from the control authority, exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B) and § 51.090(E) to halt or prevent such a discharge.
(e) 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.
(f) Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date.
(g) Failure to accurately report noncompliance.
(h) Any other violation or group of violations that the control authority considers will adversely affect he operation or implementation of the local pretreatment program.
(36) SLUG LOAD OR DISCHARGE. 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 § 51.010.
(37) STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.
(38) STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(39) SUSPENDED SOLIDS. 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.
(40) UPSET. 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.
(41) WASTEWATER. 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 storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
(43) WATERS OF THE STATE. 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 thereof.
(B) This chapter is gender neutral and the masculine gender shall include the feminine and vice-versa.
(C) Shall is mandatory; may is permissive or discretionary.
(D) 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.
(E) The following abbreviations when used in this chapter, shall have the designated meanings:
(1) BOD Biochemical Oxygen Demand
(2) CFR Code of Federal Regulations
(3) COD Chemical Oxygen Demand
(4) EPA Environmental Protection Agency
(5) gpd Gallons per day
(6) 1 Liter
(7) mg Milligrams
(8) mg/1 Milligrams per liter
(9) N.C.G.S. North Carolina General Statutes
(10) NPDES National Pollution Discharge Elimination System
(11) O & M Operation and Maintenance
(12) POTW Publicly-Owned Treatment Works
(13) RCRA Resource Conservation and Recovery Act
(14) SIC Standard Industrial Classification
(15) SWDA Solid Waste Disposal Act
(16) TSS Total Suspended Solids
(17) TKN Total Kjeldahl Nitrogen
(18) U.S.C. United States Code.
(Ord. passed 12-4-06; Am. Ord. passed 5-4-09; Am. Ord. passed 2-4-13)