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(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
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)
(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)
(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.
(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)
At least annually, the POTW Director shall publish in the largest daily newspaper circulated in the service area, a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H.0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months.
(Ord.– § 9, passed 9-26-2005)
(A) Upset.
(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (A)(2) below are met.
(2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workperson-like manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the POTW Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(3) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(4) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(5) (a) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided.
(b) This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(B) Prohibited discharge standards defense.
(1) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 53.03(A) above or the specific prohibitions in § 53.03(B)(2), (3) and (5) through (7) above if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the town was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(C) Bypass.
(1) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of divisions (C)(2) and (3) below.
(2) (a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW Director, at least 10 days before the date of the bypass, if possible.
(b) A user shall submit oral notice to the POTW Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass.
(c) A written submission shall also be provided within 5 days of this time the user becomes aware of the bypass.
(d) The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
(e) The POTW Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(3) (a) Bypass is prohibited, and the POTW Director may take an enforcement action against a user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. The user submitted notices as required under division (C)(2) above.
(b) The POTW Director may approve an anticipated bypass, after considering its adverse effects, if the POTW Director determines that it will meet the 3 conditions listed in division (C)(3)(a) above.
(Ord.– § 10, passed 9-26-2005)
FATS, OILS, AND GREASES
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