(A) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this regulation, shall have the meanings hereinafter designated:
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.
APPARENT COLOR. The color of a sample containing both substances in solution and suspended matter, expressed in wavelengths of light.
APPROVAL AUTHORITY. The Director of the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources or his designee.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.
(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 million (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, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.
(3) If the industrial user is representing federal, state or local governments, or an agent thereof, 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 paragraphs (A)(1) through (A)(3) 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 authorization is submitted to the city.
(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). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
BUILDING INSPECTOR. The City of Goldsboro Chief Building Inspector.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
BYPASS. The intentional diversion of wastestreams from any portion of a user's treatment facility.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD5). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. with a chemical inhibitor added to prevent interference from nitrogenous demand, expressed in terms of weight and concentration (milligrams per liter (mg/l)).
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.
CHEMICAL OXYGEN DEMAND (COD). The measure of the oxygen equivalent of the organic content of a sample that is susceptible to oxidation by a strong chemical oxidant (oxygen taken up in chemical reaction of organic material).
CITY COUNCIL. The City Council of the city of Goldsboro, North Carolina.
CITY. The city of Goldsboro, North Carolina.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
COLOR. The “true color” due to the substances in solution expressed in wavelengths of light.
COMMERCIAL USER. Any facility which discharges non-domestic wastes.
COMMERCIAL WASTES. The wastes resulting from processes employed in commercial facilities, food preparation and/or serving facilities, as distinct from domestic wastes.
CONTROL AUTHORITY. The APPROVAL AUTHORITY, as defined hereinabove; or the POTW Director of the city upon approval of the city's pretreatment program.
DIRECT DISCHARGE. The discharge of treated or-untreated wastewater directly to the waters of the state of North Carolina.
DIRECTOR. The Public Utilities Director of the city of Goldsboro, North Carolina, or his authorized representatives.
DOMESTIC WASTES. Liquid wastes
(1) From the noncommercial preparation, cooking, and handling of food; or
(2) Containing human excrement and similar matter from the sanitary conveniences of dwelling, commercial buildings, industrial facilities, and institutions.
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.
FOOD COOKING ESTABLISHMENTS. Those establishments engaged in activities of preparing, serving, or otherwise available for public or clientele consumption of foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching, as well as those establishments engaged in activities utilizing infrared heating, searing, barbecuing and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.
FOOD NON-COOKING ESTABLISHMENTS. Those establishments engaged in the preparation of foodstuffs that do not include any form of cooking. These include dairy, ice cream, yogurt, and frozen foodstuffs preparation and serving establishments.
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.
GREASE, FATS, AND OILS. 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 (EPA Method 413).
GREASE, FATS AND OILS TRAP OR INTERCEPTOR. Herein referred to as grease trap or grease interceptor. A device for separating and retaining waterborne greases, fats and oils 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 dairy and 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.
GREASE TRAP OR INTERCEPTOR MINIMUM DESIGN CAPACITY. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases, fats and oils from wastewaters discharged to the municipal wastewater system.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under section 307(b)or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER. Any facility which discharges industrial wastes or is a source of indirect discharge.
INDUSTRIAL WASTE. The wastes resulting from the process employed in industrial, manufacturing, trade, or business establishments, as distinct from domestic wastes.
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 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 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), 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. 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. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 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.
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.
NEW SOURCE.
(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:
(a) the building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 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.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source of the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(b) or (1)(c) above 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.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to G.S. § 143-215.1.
NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
NON-DISCHARGE PERMIT. A disposal system permit issued by the state pursuant to G.S. 143-215.1.
NON-DOMESTIC POLLUTANTS. Any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Non-domestic pollutants include the characteristics of the wastewater (i.e., including but not limited to pH, temperature, TSS, turbidity, color, BOD, CBOD5, COD, toxicity, odor).
NON-RESIDENTIAL USER. Any industrial or commercial user.
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.
PERSON. Any individual, partnership, copartnership, 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. 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. 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, industrial, municipal, and agricultural waste, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, CBOD5, BOD, COD, toxicity, or odor.
POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW DIRECTOR. The city of Goldsboro Public Utilities Director.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT. 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. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT PROGRAM. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the city 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.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.
PRETREATMENT STANDARDS. Prohibited discharge standards, categorical standards, and local limits.
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 city. This definition includes any devices for 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 city who are, by contract or agreement with the city, or in any other way, users of the city's POTW.
RECEIVING WATER. That body of water, stream, or water course receiving the discharge waters from the sewage treatment plant or formed by the waters discharged from the sewage treatment plant.
RESIDENTIAL USERS. Users discharging domestic wastes that are not industrial users or not commercial users.
SANITARY SEWER. A sewer intended to receive domestic sewage and industrial waste, except that of the type expressly prohibited by this regulation, without the admixture of surface water and storm water.
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.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater disposal system who:
(1) Has an average process wastewater flow of 25,000 gallons per day; or
(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 required to meet a National Categorical Pretreatment Standard; or
(4) Is found by the city, the Division Of Environmental Management or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements.
SIGNIFICANT NONCOMPLIANCE or REPORTABLE NONCOMPLIANCE. A status of noncompliance defined as follows:
(1) Violations of wastewater discharge limits.
(a) Chronic violations. 66% or more of the measurements exceed (by any magnitude) the same daily maximum limit or the same average limit in a six-month period.
(b) Technical Review Criteria (TRC) violations. 33% or more of the sample measurements which are equal to or exceed the TRC times the limit (maximum or average) in a six-month period.
(c) Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through; or endangered the health of the sewage treatment plant personnel or the public.
(d) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment or has resulted in the POTW's exercise of its emergency authority 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 30 days from the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the control authority considers to be significant.
SLUG LOAD. Any discharge at a flow rate or concentration which has a reasonable potential to cause interference of pass-through, or in any other way violates the POTWs 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, episode nature a non-customary batch discharge; or any other discharges that can cause a violation of the prohibited discharge standards in § 51.010.
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.
STATE. The state of North Carolina.
STORM SEWER or STORM DRAIN. A sewer which carries storm or surface waters and drainage, but excludes sewage and industrial wastes.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
SURCHARGE. A charge to a user of the public sewer system based on the pounds of a particular constituent in wastewater, in excess of a specified level of concentration. Surcharges are levied in addition to a regular sewer service charge.
SURCHARGING OF SANITARY SEWER. The sewer is receiving more wastewater than its flowing full hydraulic capacity and that the amount of wastewater entering the sewer greater than its flowing full hydraulic capacity results in manhole water levels above the elevation of the top of the sewer pipe.
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, expressed as milligrams per liter (mg/l).
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.
TRANSMISSIVITY. The percent of light passing unobstructed through a sample at a light wavelength of 254 nm, using Standard Methods 5910-B: Ultraviolet Absorption Method, expressed as percent per cm.
TRUE COLOR. The color of a sample in which turbidity has been removed, expressed in wavelengths of light.
UNIFORM PLUMBING CODE. Written guidelines and regulations of the North Carolina edition of the International Plumbing Code governing plumbing criteria for type and use of plumbing systems.
UNPOLLUTED WATER. Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.
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.
USER. Any person who contributes, causes, or permits the contribution of wastewater into the city's wastewater treatment system, and who pays, or who is or would be legally responsible for the payment of utility rates or charges made against said premises upon its connection to the water distribution system of the city of Goldsboro. This term also includes persons who contribute wastes from mobile sources.
VARIANCE. A relaxation of the terms of this Chapter where such variance will not be contrary to the public interest, health, safety or public welfare.
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.
WASTEWATER DISCHARGE PERMIT. As set forth in § 51.051.
WASTEWATER PERMIT. As set forth in § 51.051.
WASTEWATER TREATMENT SYSTEM. Any devices, facilities, structures, equipment, or works owned or used by the city of Goldsboro for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including interception sewer, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
WATER POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourse, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems 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) Other terms. Terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
(C) Gender neutrality. This chapter 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.
(D) Abbreviations. The following abbreviations, when used in this chapter, shall have the designated meanings:
(1) CBOD - Carbonaceous 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) l - Liter.
(7) mg - Milligrams.
(8) mg/l - Milligrams per liter.
(9) 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) SIC - Standard Industrial Classification.
(14) SIU - Significant Industrial User.
(15) SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et.seq.
(16) TSS - Total Suspended Solids.
(17) TKN - Total Kjeldahl Nitrogen.
(18) USC - United States Code.
(19) TP - Total Phosphorous.
(20) TN - Total Nitrogen.
(Ord. 1994-79, passed 11-21-94; Am. Ord. 1995-57, passed 9-11-95; Am. Ord. 2001-10, passed 1-16-01; Am. Ord. 2007-45, passed 6-4-07)