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(A) The Town Manager, or his or her designee, is authorized to issue a variance in accordance with this article permitting any customer satisfying the requirements of this article to use water for a purpose that would otherwise be prohibited by water conservation controls then in effect.
(B) During any time that Stage 2 water conservation controls have been imposed pursuant to this article, and except as otherwise provided in this article, the Town Manager, or his or her designee, shall issue variances under the following circumstances: A customer with a new lawn and/or landscape installed within 30 days of the application for a variance (but not during any time when Stage 3 or Stage 4 water conservation controls are in effect) may be permitted to water such newly installed landscaping on the date of installation, and for up to 30 days after the date of installation and, during such time period, shall not be subject to restrictions on the days of the week, but shall be subject to any restrictions on the times of the day, when outdoor vegetation may be watered in accordance with the water conservation controls otherwise in effect. A variance issued pursuant to this subsection may be extended by the Town Manager, or his or her designee, under such terms and conditions as are set forth in the Water Shortage Management Plan.
(C) During any time that Stage 3 water conservation controls have been imposed pursuant to this article, and except as otherwise provided in this article, the Town Manager, or his or her designee, shall issue variances for the following uses: A customer with a new lawn and/or landscape installed within 30 days prior to the implementation of Stage 3 water conservation controls (but not during any time when Stage 4 water conservation controls are in effect) may be permitted to water such newly installed landscaping on the date of installation, and for up to 30 days after the date of installation, and during such days of the week, and times of the day, as designated in the variance.
(D) During any time that Stage 1, 2, or 3 water conservation controls have been imposed pursuant to this article, the Town Manager, or his or her designee, shall issue variances for the following uses:
(1) A public, or volunteer, fire department during any training exercise using water from the town’s water supply under circumstances when such training is reasonably necessary to maintain effective firefighting capabilities;
(2) Any customer, or user, undertaking any activity required by applicable law; and
(3) Any person or entity proposing to eliminate, or reduce, unsanitary conditions that pose a substantial risk of injury or disease.
(E) During any time that Stage 3 water conservation controls have been imposed pursuant to this article, the Town Manager, or his or her designee may, but shall be under no obligation to, issue variances for the uses listed in subsection (D) above.
(F) In any variance issued pursuant to this section, the Town Manager, or his or her designee, may impose such conditions, and restrictions, as are appropriate to require that water used from the town’s water supply be minimized to the extent practical.
(G) Unless otherwise expressly provided in a variance, any variance issued pursuant to this section shall automatically terminate upon the effective date, and time, of the imposition of Stage 4 water conservation controls.
(H) Any person, or entity, receiving a variance pursuant to this section that violates the terms thereof shall be subject to a civil penalty pursuant to § 21-299.3(E), and to the revocation of the variance. Any person who has violated the term of any permit subject to this article, any variance issued pursuant to this section, or any mandatory water conservation control imposed pursuant to this article may be denied a variance, notwithstanding any provision of this section to the contrary.
(A) The use of water from the town’s water supply in violation of any mandatory water conservation control imposed pursuant to this article, the term of any permit subject to § 21-299.1, or the term of any variance issued pursuant to § 21-299.2, is unlawful. Further, the refusal, or failure, of a customer, or other person acting on the customer’s behalf, to cease immediately a violation of a water conservation control, after being directed to do so by a person authorized to enforce the provisions of this article, is unlawful. Each customer is responsible for any use of water that passes through the service connection associated with the customer’s account, or otherwise passes through the customer’s private water supply.
(B) Any customer who violates, or permits the violation of, any mandatory water conservation control imposed pursuant to § 21-296 shall be subject to a civil penalty according to the following schedule of penalties:
Number of Offenses
|
One and One Half Inch Service Connection or Smaller
|
Two Inch Service Connection or Larger
|
First offense | $100 | $200 |
Second offense | $200 | $400 |
Third, and subsequent, offenses | $300 | $600 |
(C) Any customer who violates, or permits the violation of, any mandatory water conservation control imposed pursuant to §§ 21-297 and 21-298 shall be subject to a civil penalty according to the following schedule of penalties:
Number of Offenses | One and One Half Inch Service Connection or Smaller | Two Inch Service Connection or Larger |
First offense | $200 | $400 |
Second offense | $400 | $800 |
Third, and subsequent, offenses | $600 | $1,200 |
(E) Any customer, or other person acting on behalf of the customer, who refuses, or otherwise fails, to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article, shall be subject to a civil penalty equal to twice the amount of the civil penalty applicable to the violation which such customer, or person, was directed to cease.
(F) In addition to the payment of any civil penalty assessed pursuant to this section, a customer shall be subject to termination of water service through any irrigation service connection used to violate any water conservation controls imposed pursuant to this article during any period of time during which a water shortage declaration is continuously in effect under the following circumstances:
(1) Five, or more, violations of any water conservation control, including, without limitation, the terms of any variance, or permit, issued pursuant to this article; or
(2) Two, or more, violations of any Stage 2 or Stage 3 water conservation control, including, without limitation, the terms of any variance, or permit, issued pursuant to this article.
(G) In the discretion of the Town Manager, or his or her designee, termination of such service may include one, or more, of the following actions: turnoff; meter removal; yoke removal; and turnoff at main. Water service will not be restored at such service connection until the customer agrees to such terms as the Town Manager, or his or her designee, determines are reasonably necessary, or advisable, to assure the customer’s compliance with such water conservation controls, as are then in effect, or may be imposed, pursuant to this article, and the payment of all the customer’s obligations, including, without limitation, all outstanding charges for water service, civil penalties, and all other fees, amounts, and penalties charged in accordance with the provisions of this article. If a customer violates such a term, or condition, the customer shall be subject to a civil penalty of up to $1,000 in addition to any other remedy that may be authorized by law, or agreement, and termination of water service through such serviced connection for a minimum period of 15 days. Service may be restored thereafter in accordance with the provisions of this section.
(H) A customer whose water service is terminated pursuant to § 21-292.2(F) shall not be entitled to notice, and an opportunity for a hearing in advance of such termination. Notice of such termination shall be given as soon as reasonably possible after a decision is made by the Town Manager, or his or her designee, to terminate such service, but service of such notice, and an opportunity for a hearing, shall not be conditions precedent to such termination. A customer whose service is terminated pursuant to this section, or who receives notice of such a termination, shall have five calendar days after termination of service, or receipt of notice of termination, whichever is later, to appeal such termination to the Town Manager, or his or her designee, by delivering a written notice of appeal. A hearing shall be held on such appeal within three business days of receipt of the notice of appeal, or by such other date as approved by the Town Manager, or his or her designee, and the customer.
(I) The violation of any water conservation control, or provision of this article, may be enforced by all remedies authorized by law for non-compliance with municipal ordinances, including the assessment of a civil penalty and action for injunction, order of abatement, or other equitable relief.
(J) Except as provided in this section, each day that a violation of a mandatory water conservation control occurs shall be considered to be a separate violation.
(K) If a customer, or other person acting on behalf of the customer, refuses, or otherwise fails, to cease immediately a violation of a water conservation control after being directed to do so by a person authorized to enforce the provisions of this article, such failure shall constitute a separate violation.
(L) After receiving a notice of violating a water conservation control, and ceasing such violation, a customer who resumes the violation of said water conservation control on the same day shall be guilty of a separate violation.
(M) MPWD, and any other town employees or persons designated by the Town Manager, shall be authorized to enforce the provisions of this article.
Penalty, see § 1-111
Municipal customers, water corporations or company compliance municipalities, water corporations, or companies purchasing water from the town shall adopt, and enforce, this entire article as a condition of continuing existing water sales agreements. Upon declaration of a water emergency, such municipalities, and companies, shall enforce the appropriate water use restrictions for the level of declared emergency. Water service to such municipalities, and companies, shall be terminated for not enforcing the provisions of this section.
Section
Division 1. Generally
21-301 Purpose and policy
21-302 Definitions and abbreviations
21-303 to 21-305 Reserved
Division 2. General Sewer Use Requirements
21-306 Prohibited discharge standards
21-307 National categorical pretreatment standards
21-308 Local limits
21-309 State requirements
21-310 Right of revision
21-311 Dilution
21-312 Pretreatment of wastewater
21-313 Accidental discharge/slug control plans
21-314 Hauled wastewater
21-315 Grease traps/interceptors
21-316 to 21-324 Reserved
Division 3. Fees
21-325 Purpose
21-326 User charges
21-327 Surcharges
21-328 Pretreatment program administration charges
21-329 to 21-334 Reserved
Division 4. Wastewater Discharge Permit Application and Issuance
21-335 Wastewater discharges
21-336 Wastewater permits
21-337 to 21-344 Reserved
Division 5. Reporting Requirements
21-345 Baseline monitoring reports
21-346 Compliance schedule progress reports
21-347 Reports on compliance with categorical pretreatment standard; deadline
21-348 Periodic compliance reports
21-349 Reports of changed conditions
21-350 Reports of potential problems
21-351 Reports from unpermitted users
21-352 Notice of violation/repeat sampling and reporting
21-353 Notification of the discharge of hazardous waste
21-354 Analytical requirements
21-355 Sample collection
21-356 Timing
21-357 Record keeping
21-358 to 21-360 Reserved
Division 6. Compliance Monitoring
21-361 Monitoring facilities
21-362 Inspection and sampling
21-363 Search warrants
21-364 to 21-368 Reserved
Division 7. Confidential Information
21-369 Restriction of information
21-370 to 21-371 Reserved
Division 8. Enforcement
21-372 Administrative remedies
21-373 Civil penalties
21-374 Other available remedies
21-375 Remedies non-exclusive
21-376 to 21-379 Reserved
Division 9. Annual Publication of Significant Non-compliance
21-380 Publication
21-381 to 21-382 Reserved
Division 10. Affirmation Defenses to Discharge Violations
21-383 Upset
21-384 Prohibited discharge standards defense
21-385 Bypass
21-386 to 21-387 Reserved
Division 11. Severability
21-388 Severability
21-389 to 21-390 Reserved
Division 12. Conflict
21-391 Conflicting provisions
21-392 to 21-399 Reserved
Cross-reference:
Editor’s note:
In 2007, The Pretreatment Emergency Response and Collection Systems Unit (PERCS Unit), which is a subdivision of the State Department of Environmental Resources (NCDENR), issued mandatory revisions and additions to all municipalities having a sewer use ordinance. Pursuant to the town Ord. 29-2008 (October 2008), the town sewer use ordinance has been revised to incorporate all of the required PERCS Unit changes; Ord. 33-2002, adopted Oct. 21, 2002, was not specifically amendatory of the code. The editor has treated these new provisions as superseding Ch. 21, Art. III, §§ 21-301 through 21-388, which contained similar provisions and which derived from Ord. 29-94, passed Nov. 21, 1994; Ord. 39-96, passed Dec. 16, 1996; Ord. 35-2001, passed Oct. 15, 2001; and Ord. 33-2002, passed Nov. 18, 2002.
DIVISION 1. GENERALLY
(A) This article sets forth uniform requirements for direct, and indirect, contributors into the wastewater collection and treatment system for the town, hereafter referred to as “the town”, and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. §§ 1251 et seq.) and the General Pretreatment Regulations (40 C.F.R., part 403).
(B) The objectives of this article are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system, or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the state, or otherwise be incompatible with the system;
(3) To promote reuse, and recycling, of industrial wastewater and sludge from the municipal system;
(4) To protect both municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment, as well as protecting the general public;
(5) To provide for equitable distribution of the cost of operation, maintenance, and improvement of the municipal wastewater system; and
(6) To ensure that the municipality complies with its NPDES or non-discharge permit conditions, sludge use, and disposal requirements, and any other federal, or state, laws to which the municipal wastewater system is subject.
(C) This article provides for the regulation of direct, and indirect, contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users, and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(D) This article shall apply to the town, and to persons outside the town who are, by permit or agreement with the town, users of the town publicly-owned treatment works (“POTW”). Except as otherwise provided herein, the POTW Director shall administer, implement, and enforce the provisions of this article.
(Ord. 33-2002, passed 10-21-2002)
(A) For the purpose of this article, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
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.
APPROVAL AUTHORITY. The Director of the Division of Water Quality of the State Department of Environment and Natural Resources, or his or her designee.
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 employing more than 250 persons, or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter, 1980 dollars), if 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) The individuals described in subsections (a) and (b) 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.
(d) 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.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20C, usually expressed as a concentration (for example, mg/l).
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
BYPASS. The intentional diversion of waste streams from any portion of a user’s treatment facility.
CATEGORICAL STANDARDS. National categorical pretreatment standards, or pretreatment standard.
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.
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.
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.
INDIRECT DISCHARGE or DISCHARGE. The discharge, or the introduction, from any non-domestic source regulated under § 307(b), (c), or (d) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER or USER. Any person which is a source of indirect discharge.
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) (42 U.S.C. §§ 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), the Marine Protection Research and Sanctuary Act (MPRSA) (16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.), 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 POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), or pursuant to G.S. § 143-215.1 by the state under delegation from the EPA.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 21-306, and are developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5.
NATURAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 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 C.F.R. chapter 1, subchapter N, parts 405 through 471.
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 § 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with § 307(c), provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located;
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 subsections (a)2. or (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.
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.
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.
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, co-partnership, 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, and industrial, municipal, and agricultural waste, and certain characteristics of wastewater (for example, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POTW DIRECTOR. The Director of the town’s publicly-owned treatment works.
POTW TREATMENT PLANT. The 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 town in compliance with 40 C.F.R. § 403.8, and approved by the approval authority as authorized by G.S. § 143-215.3(a)(14), in accordance with 40 C.F.R. § 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 § 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 article, 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 town’s POTW.
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:
(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 wastewaters);
(b) Contributes process wastewater which makes up 5%, or more, of the NPDES or non-discharge permitted flow limit, or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, and ammonia;
(c) Is required to meet a national categorical pretreatment standard; or
(d) Is found by the town, the State Division of Water Resources, 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 NON-COMPLIANCE or REPORTABLE NON-COMPLIANCE. A status of non-compliance defined as follows.
(a) Violations of wastewater discharge limits:
1. For 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;
2. For technical review criteria (TRC) violations, 33%, or more, of the measurements equal to, or greater than, the TRC times the limit (maximum or average) in a six-month period. There are two groups of TRCs: For the conventional pollutants, BOD, TSS, fats, oil and grease TRC = 1.4; for all other pollutants TRC = 1.2;
3. 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; and/or
4. 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.
(b) 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.
1. 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:
2. Failure to accurately report non-compliance; and
3. Any other violation, or group of violations, that the control authority considers to be significant.
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 § 21-306.
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.
STORMWATER. Any flow occurring during, or following, any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The person designated by the town to supervise the operation of the publicly-owned treatment works, and who is charged with certain duties, and responsibilities, by this article, or his or her duly authorized representative.
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.
UPSET. An exceptional incident in which there is unintentional, and temporary, non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless, or improper, operation.
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 stormwater that may be present, whether treated or untreated, which are contributed into, or permitted to enter, the POTW.
WASTEWATER PERMIT. As set forth in § 21-336.
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) This article 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 article, shall have the designated meanings:
Abbreviations
|
Designation
|
Abbreviations
|
Designation
|
BOD | Biochemical oxygen demand |
C.F.R. | Code of Federal Regulations |
COD | Chemical oxygen demand |
EPA | Environmental Protection Agency |
gpd | Gallons per day |
G.S. | North Carolina General Statutes |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National pollution discharge elimination system |
O&M | Operation and maintenance |
POTW | Publicly-owned treatment works |
RCRA | Resource Conservation and Recovery Act |
SIC | Standard industrial classification |
SWDA | Solid Waste Disposal Act |
TSS | Total suspended solids |
TKN | Total kjeldahl nitrogen |
U.S.C. | United States Code |
(Ord. 33-2002, passed 10-21-2002; Ord. 29-2008, passed 10- -2008)
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