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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
(A) The intent of this subchapter is to aid in the prevention of sanitary sewer blockages and obstructions from contribution and accumulation of fats, oils, and greases into the sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.
(B) This subchapter shall also apply to persons or companies outside the town who are, by contract or agreement with the town, users of the town’s wastewater collection system or POTW. The Public Works Director and/or Town Manager shall administer, implement, and enforce the provisions of this subchapter.
(Ord. passed 2-23-2009)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COOKING ESTABLISHMENTS. Those establishments primarily engaged in activities of preparing, serving or otherwise making available for consumption foodstuff and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broillng (all methods), blanching, roasting, toasting or poaching. Also included are 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.
FATS, OILS, AND GREASES. 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 established by 40 C.F.R. 136 (Federal Register), as may be amended from time to time. All are sometimes referred to herein as “Grease” or “Greases.”
GREASE TRAP INTERCEPTOR. A device for separating and retaining waterborne greases and grease complexes prior to wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settable solids, generated by and from 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.”
USER. Any person or company, including those located outside the jurisdictional limits of the town, who contributes, causes, or permits the contribution or discharge of wastewater into the sanitary sewer system.
VEHICLE MAINTENANCE FACILITY. Any commercial or industrial facility where automobiles, trucks or equipment are serviced or maintained, including garages, service stations, repair shops, oil lubrication shops, or similar establishments.
(Ord. passed 2-23-2009)
(A) No later than 1 year after adoption of this subchapter, all users shall install grease traps or interceptors designed to limit the introduction, contribution and discharge of greases into the town’s wastewater collection system or POTW. Grease traps and interceptors with appropriate sampling or inspection points shall be installed at the user’s expense whenever any user operates a commercial establishment, industrial establishment, or a cooking establishment. Grease traps and interceptors must have a minimum capacity of 1,000 gallons. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 200 mg/l (milligrams per liter), as identified by EPA Method 1664.
(B) Alternative methods of compliance by existing establishments may be approved by the town if the user demonstrates that compliance with this subchapter is impossible or impractical at the time of adoption of this subchapter as a result of limited space, production of waste grease, and taking into account the circumstances of the business’s operation. However, any such proposed alternative method of compliance will be required to meet the performance criteria specified in division (A) of this section, and the user must adequately demonstrate to the satisfaction of the town that the proposed alternative method will satisfy those performance criteria. In addition, any such alternative method must be cleaned at a more frequent interval than is required of grease traps and interceptors under § 53.79(A). Prior to approval of any such proposed alternative method of compliance, documentation of the proposed method’s actual performance criteria must be submitted to the town’s Public Works Director and/or Town Manager for review and approval.
(C) Grease traps and interceptors may also be required in other facilities such as schools, service stations, car washes, vehicle repair and lubrication facilities, nursing homes and any other facility that handles grease and which discharges wastewater containing grease into the town sewer collection system.
(D) Existing establishments with an existing grease interception system that does not meet the standards may be required to upgrade the system or may be allowed to continue use of the present system subject to requirements such as a clean-out frequency less than 90 days.
(Ord. passed 2-23-2009) Penalty, see § 53.99
Upon prior written approval of the Public Works Director, establishments may be exempted from the requirements of this subchapter after an inspection of the subject premises and submission of adequate supporting documentation, as deemed necessary in the sole and absolute discretion of the Public Works Director and/or Town Manager. At a minimum, such supporting documentation shall include: blueprints of the subject premises, a full and detailed description of the operations and activities at the subject premises, and a full and detailed list of all potential sources of grease at the subject premises. Any exemption may be subject to revocation as a result of change in operations and/or activities at the subject establishment.
(Ord. passed 2-23-2009)
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