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COMPLIANCE MONITORING AND OTHER SPECIFIC PROVISIONS
§ 53.55 MONITORING FACILITIES.
   (A)   The town requires the user to provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems.
   (B)   The monitoring facility should normally be situated on the user's premises, but the town may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
   (C)   There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.
   (D)   The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
   (E)   Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the requirements of the town and all applicable local construction standards and specifications.
   (F)   Construction shall be completed within 90 days following written notification by the town.
(Ord. – § 6.1, passed 9-26-2005)
§ 53.56 INSPECTION AND SAMPLING.
   (A)   The town will inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with.
   (B)   Persons or occupants of premises where wastewater is created or discharged shall allow the town, approval authority and EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties.
   (C)   The town, approval authority and EPA shall have the right to set up on the user's property the devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
   (D)   Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the town, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
   (E)   Denial of the POTW Director's approval authority's or EPA's access to the user's premises shall be a violation of this chapter. Unreasonable delays may constitute denial of access.
(Ord. – § 6.2, passed 9-26-2005) Penalty, see § 53.99
§ 53.57 SEARCH WARRANTS.
   If the POTW Director, approval authority or EPA has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the POTW Director, approval authority or EPA may seek issuance of a search warrant from the court having jurisdiction within the town.
(Ord. – § 6.3, passed 9-26-2005)
§ 53.58 CONFIDENTIAL INFORMATION.
   (A)   Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Director that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
   (B)   Any like request must be asserted at the time of submission of the information or data.
   (C)   When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, non-discharge permit and/or the pretreatment programs; provided, however, that those portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
   (D)   Wastewater constituents and characteristics will not be recognized as confidential information.
   (E)   All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and EPA upon request.
(Ord. – § 7, passed 9-26-2005)
§ 53.59 ADMINISTRATIVE REMEDIES.
   (A)   Notification of violation.
      (1)   Whenever the POTW Director finds that any industrial user has violated or is violating this chapter, wastewater permit or any prohibition, limitation or requirements contained therein or any other pretreatment requirement the POTW Director may serve upon a person a written notice stating the nature of the violation.
      (2)   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 town by the user.
      (3)   Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
   (B)   Consent orders.
      (1)   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.
      (2)   The 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 (D) below.
   (C)   Show cause hearing.
      (1)   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.
      (2)   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 the action and a request that the user show cause why this proposed enforcement action should not be taken.
      (3)   The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
      (4)   The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
      (5)   A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 53.99 below nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 53.30(H).
   (D)   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 like violations and direct those persons in noncompliance to do any of the following:
      (1)   Immediately comply with all requirements;
      (2)   Comply in accordance with a compliance time schedule set forth in the order;
      (3)   Take appropriate remedial or preventive action in the event of a continuing or threatened violation; or
      (4)   Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
   (E)   Emergency suspensions.
      (1)   The POTW Director may suspend the wastewater treatment service and/or wastewater permit when 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.
      (2)   Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution.
      (3)   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.
      (4)   In the event of a failure to comply voluntarily with the suspension order, the POTW Director shall take 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.
      (5)   The POTW Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge.
      (6)   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 prior to the date of the above-described hearing.
   (F)   Termination of permit.
      (1)   Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having its permit terminated:
         (a)   Failure to accurately report the wastewater constituents and characteristics of his or her discharge;
         (b)   Failure to report significant changes in operations or wastewater constituents and characteristics;
         (c)   Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
         (d)   Violation of conditions of the permit.
      (2)   Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under divisions (A) above through this division (F) why the proposed action should not be taken.
   (G)   Other available remedies.
      (1)   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.
      (2)   Additional available remedies include, but are not limited to:
         (a)   Criminal violations.
            1.   The District Attorney for the applicable Judicial District may, at the request of the town, prosecute noncompliant users who violate the provisions of G.S. § 143-215.6B.
            2.   (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 G.S. § 143-215.6B(i)).
         (b)   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 Town Attorney, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question.
         (c)   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.
         (d)   Public nuisances.
            1.   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.
            2.   Any person(s) creating a public nuisance shall be subject to the provisions of the appropriate ordinances of the town governing the nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying the nuisance.
   (H)   Remedies nonexclusive.
      (1)   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.
      (2)   Enforcement of pretreatment violations will generally be in accordance with the town's Enforcement Response Plan. However, the POTW Director may take other action against any user when the circumstances warrant.
      (3)   Further, the POTW Director is empowered to take more than 1 enforcement action against any noncompliant user.
(Ord.– §§ 8.1–8.3, passed 9-26-2005)
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