CHAPTER 51: SEWER SYSTEM
Section
General Provisions
   51.01   Definitions
   51.02   Severability
   51.03   Effective date
   51.04   Enforcement
Regulations
   51.15   Use of public sewers
   51.16   Private wastewater disposal
   51.17   Building sewers and connections
   51.18   Excluded wastes
   51.19   Pretreatment
   51.20   Flow and concentration control
   51.21   Measurement of flow
   51.22   Control manhole
   51.23   Determination of character and strength of wastes
   51.24   Authority for inspection
   51.25   Protection of equipment and property
   51.26   Reviewing authority
   51.27   Determining minimum sizes and distances
   51.28   Extension of sewer services to customers outside corporate limits
   51.29   Prohibition of extension of sewer services within watershed or floodplain
   51.30   Application for industrial service
Deposits, Charges and Financing
   51.45   User deposits
   51.46   Periodic adjustment of user charges
   51.47   “Missing Material”
   51.48   Industrial wastewater charges
   51.49   Billing and collecting
   51.50   User bill; complaints and adjustments
   51.51   Financing extensions outside corporate limits
   51.52   Financing extensions within corporate limits
   51.53   Capital Reserve Fund
   51.54   Sewer rates and fees
   51.55   Unauthorized opening of sewer cleanouts
GENERAL PROVISIONS
§ 51.01  DEFINITIONS.
   The following words, terms and phrases, wherever used in these regulations, shall have the meanings respectively ascribed to them in this section unless the context plainly indicates otherwise or that a more restricted or extended meaning is intended. In addition, definitions contained in 40 C.F.R. parts 35, 401 and 403 are hereby incorporated in this section in case of any conflicts.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter by weight.
   BUILDING SEWER or HOUSE CONNECTION. The connecting pipe from a building, beginning five feet outside the inner face of the building wall, to the municipal sewer system.
   COLOR. The true color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
   DOMESTIC WASTE. All liquid and waterborne pollutants, exclusive of unpolluted water as defined herein or wastewater or wastes from processes or operations in industrial establishments, as defined herein.
   INDUSTRIAL WASTE. The liquid and waterborne pollutants resulting from processes or operations employed in industrial establishments, as defined in the Standard Industrial Classification Manual, 1972, Office of Management and Budget of the Federal Government, as amended and supplemented, under the following divisions:
      (1)   Division A: Agricultural, Forestry and Fishing;
      (2)   Division B: Mining;
      (3)   Division D: Manufacturing;
      (4)   Division E: Transportation, Communications, Electric, Gas and Sanitary Sewer Services; and
      (5)   Division I: Services.
   INFILTRATION. Water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections or manholes. INFILTRATION does not include and is distinguished from, inflow.
   INFILTRATION/INFLOW. The total quantity of water from both infiltration and INFLOW without distinguishing the source.
   INFLOW. Water, other than wastewater that enters a sewerage system (including sewer service connections) from sources such as: roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. INFLOW does not include and is distinguished from, infiltration.
   MAYOR. The chief administrative officer of the town. As used herein, it may also include any other town employee delegated to act for the town by the Mayor or by the Town Board of Commissioners.
   NORMAL WASTE. Waste having an average concentration of 250 mg/l of BOD or less and 250 mg/l of suspended solids or less, as determined by samples taken before entering the public sanitary sewers.
   PERSON. Any individual, firm, company, association, corporation, governmental agency, board, commission or municipal corporation other than the town.
   pH. The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. Stabilized pH is that determined after a sample of the waste has been subjected to natural serration.
   PRIVATE WASTEWATER DISPOSAL SYSTEM. Any facility for wastewater treatment and disposal not maintained and operated by the town.
   PROPERLY SHREDDED GARBAGE.  The organic wastes resulting from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle being greater than one-half inch in any dimension.
   RECEIVING STREAM. The body of water, stream or watercourse receiving the discharge from a wastewater treatment plant or that body of water, stream or watercourse formed by the effluent from a wastewater treatment plant.
   REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes REPLACEMENT.
   SANITARY SEWER. A public sewer controlled by a governmental agency or public utility that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground and surface waters that are not admitted intentionally.
   SANITARY SEWERAGE SYSTEM. Any part of the public sanitary sewer or systems, including wastewater pumping stations, that discharge into wastewater treatment facilities owned and/or operated by the town or others.
   SLUG. Any discharge of water or wastewater of any duration during which the rate of flow or concentration of any constituent increases to such magnitude as to adversely affect the operation of the sewer system or the ability of the town’s wastewater treatment facilities to meet the water quality objectives.
   SHALL is mandatory; MAY is permissive.
   STANDARD METHODS. The analytical procedures set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association or EPA Methods of Chemical Analysis of Water and Wastes, as published by the Environmental Protection Agency, Water Quality in April 1971 or subsequent editions.
   STORM SEWER. A sewer intended to carry only storm waters, surface runoff, street wash waters and drainage.
   STRENGTH OF WASTE. The concentration, expressed in milligrams per liter by weight (mg/l), of a pollutant or substance contained in the liquid waste.
   SUSPENDED SOLIDS. The total solid matter that either floats on the surface of or is suspended in, water or liquid waste and which is removable by laboratory filtration.
   TOWN. The Town of Pikeville, North Carolina.
   TOWN BOARD OF COMMISSIONERS.  The Town Board of Commissioners of the Town of Pikeville, North Carolina.
   TREATMENT WORKS. Any devices and systems for the storage, treatment, recycling and reclamation of sewage, domestic sewage or liquid industrial wastes owned by the town or others that treats wastewater from the town.
   UNPOLLUTED WASTEWATER.
      (1)   Any wastewater which is substantially free of pollutants and is discharged from the following:
         (a)   Rain downspouts and drains;
         (b)   Footing drains;
         (c)   Storm and surface water drains; and
         (d)   Cooling water system.
      (2)   UNPOLLUTED WASTEWATER shall contain, by definition, none of the following:
         (a)   BOD in excess of ten mg/l;
         (b)   Suspended Solids in excess of ten mg/l;
         (c)   Free or emulsified greases or oils;
         (d)    Acids or alkalies;
         (e)   Phenols or other substances imparting taste or odor in receiving waters;
         (f)   Toxic or poisonous substances;
         (g)   Noxious or odorous gases; or
         (h)   Temperature in excess of 150°F.
      (3)   UNPOLLUTED WASTEWATER shall also mean any wastewaters judged by the Department of Environment and Natural Resources of the state to be admissible to streams and water courses under the jurisdiction of said agency and in accordance with the standards of water quality established by said agency for the particular stream or water course into which such unpolluted wastewater is to be discharged.
   USER CHARGE. A charge levied on users of a treatment works, for the user’s proportionate share of the cost of operation and maintenance (including replacement) of such works.
(Res. passed 3-29-2001)
§ 51.02  SEVERABILITY.
   If any section, clause, provision or portion of this chapter shall be held to be invalid or unconstitutional by any court, of competent jurisdiction, such holding shall not affect any other section, clause, provisions or portion of this chapter.
(Res. passed 3-29-2001)
§ 51.03  EFFECTIVE DATE.
   This chapter and these regulations shall become effective on the first day of operation of the Town Municipal Sewer System.
(Res. passed 3-29-2001)
§ 51.04  ENFORCEMENT.
   (A)   The provisions of this regulation shall apply to all users of the municipal sanitary sewerage system regardless of location within or outside of the town limits.
   (B)   The Mayor shall endeavor to assure compliance with the requirements of these regulations by conference and persuasion. If such efforts, over a reasonable period of time, are futile, the Mayor shall take formal actions provided hereafter.
   (C)   In any case involving a person who is discharging waste into the sanitary sewerage system and where the Mayor finds that such person has failed to comply with any of these regulations, the procedure for enforcement shall be as follows.
      (1)   The Mayor shall give notice to such person by registered mail stating the specifics of the failure of compliance and requiring that the person remedy the failure within 72 hours.
      (2)   The Mayor may thereupon, without further notice, cause the water service from the public water system to be discontinued for such person or cause the connection to the sanitary sewer system to be severed for such person.
      (3)   In any case where water service is discontinued or the sewer connection is severed by the town for enforcement purposes, the restoration of such service shall be conditioned on full compliance by such person and payment of any expense incurred in the enforcement proceeding and in the restoration of service.
      (4)   The town may, in its discretion, continue or restore water or sewer service in a case of failure of compliance on condition that such person furnish a bond or other security, with terms as specified by the town, to hold harmless the town from any loss or expense that it may incur as a result of such noncompliance or any further noncompliance.
   (D)   In any case involving a person who fails to comply with any of these regulations but who is not discharging waste into the sanitary sewerage system, the Mayor shall give notice to such person by registered mail stating the specifics of the failure of compliance and requiring that the person promptly remedy the failure. At the same time, the Mayor shall report the facts of such case, in writing, to the Town Board of Commissioners and to such other government agency as may have jurisdiction and power to take appropriate enforcement action.
   (E)   In any case involving the use of the town sewerage system, the town shall have the right to collect the costs of treatment for the wastewater discharged by the user to the town sewerage system.
   (F)   The town reserves the right to discontinue its service without notice for the following reasons:
      (1)   To prevent fraud or abuse;
      (2)   User's failure to pay user’s bills as provided for in this regulation;
      (3)   Emergency repairs;
      (4)   Legal processes;
      (5)   Direction of higher public authorities; or
      (6)   Strike, riot, fire, flood, accident or any unavoidable cause.
(Res. passed 3-29-2001)
REGULATIONS
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