TITLE V:  PUBLIC WORKS
Chapter
   50.   GARBAGE AND REFUSE
   51.   WATER AND SEWER SERVICE
   52.   SEWERS
   53.   WATER SUPPLY WATERSHED PROTECTION AND MANAGEMENT
CHAPTER 50:  GARBAGE AND REFUSE
Section
General Provisions
   50.01   Definitions
   50.02   Enforcement
Regulations
   50.15   Leaves, shrubs, trimmings
   50.16   Container criteria
   50.17   Burning in can
   50.18   Liquid drained, ashes quenched
   50.19   Tampering with refuse or container
   50.20   Cleaning and disinfecting
   50.21   Location of receptacle
   50.22   Unlawful accumulations
   50.23   Hauling refuse
   50.24   Use of landfill
   50.25   Collection
GENERAL PROVISIONS
§ 50.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASHES.  Refuse resulting from the burning of wood, coal, coke and other combustible material.
   BUILDING RUBBISH. Rubbish from construction, remodeling and repair operations on houses, commercial buildings and other structures, including but not limited to excavated earth, stones, brick, plaster, lumber, concrete and waste parts occasioned by installations and replacements.
   BUSINESS BUILDING.  Any structure, whether private or public, that is adapted for transaction of business, for rendering of professional services, for amusement or for the display or sale or storage of goods, wares, merchandise, articles or equipment, including hotels, apartment houses, rooming houses, office buildings, public buildings, stores, theaters, markets, restaurants, warehouses, sheds, barns and other structures, or premises used for or adapted to business purposes.
   DIRECTOR OF PUBLIC SERVICES.  The Director of Public Services of the city or his or her agent.
   GARBAGE.  Animal, fruit and vegetable matter resulting from the handling, preparation, cooling and consumption of food, including a minimum amount of liquid necessarily incident thereto, and all cans, glassware, crockery, bags and other containers in which such matter has been kept or stored.
   INDUSTRIAL WASTE.  Sawdust, shavings, feathers, excelsior, cartons, boxes, metal, glass, paper, wood, textiles, chemicals, plastic or other waste material from processing plants, factories or manufacturing operations.
   REFUSE.  Solid waste, including, but not limited to garbage, rubbish and ashes.
   RUBBISH.  Refuse, exclusive of garbage and ashes, including but not limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree, brush and hedge branches, cutting and trimmings, grass, leaves, tin cans, metal (not to exceed 50 pounds), small mineral matter, glass and dust.
   WASTE.  Useless, unused, unwanted or dis-carded material resulting from natural community activities, including solids, liquids and gases.
(`90 Code, § 9-1) (Ord. passed 6-11-74)
§ 50.02  ENFORCEMENT.
   The Director of Public Services shall enforce the provisions of this chapter. He or she may call upon the Chief of Police, the Fire Chief or the County Health Department for assistance in obtaining compliance with any orders issued by him or her.
(`90 Code, § 9-10)
REGULATIONS
§ 50.15  LEAVES, SHRUBS, TRIMMINGS.
   (A)   No person shall throw, drop or deposit any leaves, shrubs or other debris into any catch basin or manhole in the city.
   (B)   Any person may have leaves removed by the city if such leaves are placed at the curbline so that they may be easily handled by the collector. No tree limbs, shrubs or other material shall be mixed with the leaves.
   (C)   Any person desiring to place tree trimmings, hedge cuttings, grass or similar materials for free collection shall cause the material to be placed at the curbline for such pickup. Free collection shall include nothing more than six inches in diameter and no more than 60 inches in length. Brush must be placed with cut end towards curb, so it can be loaded into chippers. All wood larger than three inches in diameter must be cut to a maximum length of 30 inches.
   (D)   No person shall burn leaves, shrubs, trees, limbs and the like on the streets or sidewalks or on private property, except upon special permission of the Fire Chief.
   (E)   Free collection of tree trimmings, hedge cuttings, or similar materials shall be limited to incidental tree trimming, hedge cutting or similar materials, not to exceed 200 pounds per week as determined by the Public Services Director, that is in compliance with division (C) of this section, provided that such material is placed at the curb by the property owner or tenant. Whole or complete tree trimming, hedge cuttings, or large trimmings of similar materials performed by the property owner, tenant, hired professionals or other such persons shall be disposed of by the property owner, tenant, hired professional or other such persons.
(`90 Code, § 9-2)  (Ord. passed 6-11-74; Am. Ord. passed 4-12-05)  Penalty, see § 10.99
§ 50.16  CONTAINER CRITERIA.
   (A)   Every person occupying a house or residence in the residential area where garbage or refuse exists shall provide containers made of galvanized metal or plastic made for such use, or use a city-provided roll-out cart, in which shall be deposited all garbage or refuse existing at the building or premises.
   (B)   Each container shall be provided with handles and with a tight-fitting cover of the same material as the container. Containers must not be less than 20-gallons or more than 30-gallons capacity.
   (C)   Each home and business building shall have a sufficient number of containers to hold the refuse until collected.
   (D)   All persons doing business in a business building within the city limits shall provide containers as outlined in § 50.25.
   (E)   No wooden boxes, pails or other wooden or cardboard containers shall be used for garbage and refuse; if so used, the containers shall be confiscated by the city.
(`90 Code, § 9-3)  (Ord. passed 6-11-74)  Penalty, see § 10.99
§ 50.17  BURNING IN CAN.
   No person shall burn rubbish in any receptacle to be used for the disposal of garbage or refuse through the city's collection service.
(`90 Code, § 9-4)  Penalty, see § 10.99
§ 50.18  LIQUID DRAINED, ASHES QUENCHED.
   All garbage and refuse shall have liquid drained before it is placed in the container for collection. Ashes shall be thoroughly quenched and drained.
(`90 Code, § 9-5)  (Ord. passed 6-11-74)  Penalty, see § 10.99
§ 50.19  TAMPERING WITH REFUSE OR CONTAINER.
   No person other than the owner thereof or an officer, employee or licensee of the city shall remove or interfere with any garbage or refuse receptacle or the contents thereof.
(`90 Code, § 9-6)  Penalty, see § 10.99
§ 50.20  CLEANING AND DISINFECTING.
   Every person required to maintain a garbage or refuse receptacle shall periodically clean and disinfect the receptacle in order to assure easy emptying by the collector and to eliminate flies, disease and pests.
(`90 Code, § 9-7)  Penalty, see § 10.99
§ 50.21  LOCATION OF RECEPTACLE.
   All refuse receptacles shall be kept  in an accessible place on the ground level and, when practical, to the rear of the front wall of the main residence or building, unless otherwise designated by the Public Services Director:
   (A)   All refuse receptacles shall be placed adjacent to the street/curb for collection on the scheduled garbage pick-up day, or after 4:00 p.m. on the preceding day;
   (B)   After collection, all refuse receptacles shall be taken back to their proper storage location, as referenced in division (A) above, by 6:00 p.m. on the day following the scheduled garbage pick- up day; and
   (C)   In addition to or in lieu of the general penalty prescribed in § 10.99, a violation of any provision of this section shall also subject the offender to a civil penalty of $25 which, if not paid by the offender within ten days after being cited for the violation, may be recovered by the city in a civil action in the nature of a debt, and each day that a violation continues after notification that such violation exists shall constitute a separate offense for the purposes of the foregoing criminal and civil penalties.
(`90 Code, § 9-8)  (Am. Ord. passed 5-9-06; Am. Ord. Passed 6-12-12)
§ 50.22  UNLAWFUL ACCUMULATIONS.
   (A)   No person shall keep, accumulate or permit to be kept or accumulated any garbage in or upon any public or private place unless the same shall be in a container meeting the requirements of this chapter.
   (B)   No person shall permit the accumulation of refuse to become or remain offensive, unsightly, unsafe to public health or hazardous from fire.
(`90 Code, § 9-9)  Penalty, see § 10.99
§ 50.23  HAULING REFUSE.
   No person shall haul or attempt to haul any refuse in an open body vehicle without some type of cover or container for the refuse, which effectively prevents spillage on the streets of the city.
(`90 Code, § 9-11)  Penalty, see § 10.99
§ 50.24  USE OF LANDFILL.
   No person shall deposit or in any manner dispose of any garbage or refuse at any place in the city except those sites holding approved permits by the appropriate federal, state or local governing agency.
(`90 Code, § 9-12)  Penalty, see § 10.99
§ 50.25  COLLECTION.
   (A)   Except as otherwise provided in this chapter and except in the case of conditions over which the Department of Public Services has no control, the Department shall collect, remove and dispose of certain refuse in residential sections at least once per week.
   (B)   Industrial waste shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing the same.
   (C)   Building rubbish shall be collected, removed and disposed of by the contractor or builder or by the owner of the property.
   (D)   Each business building shall use a front-loading receptacle provided by the city, except when, upon approval by the City Council, the Director of Public Services may authorize a business to provide its own receptacle or use a city-provided roll-out cart.
   (E)   Where it is feasible for more than one establishment to use the same container, monthly billing will be apportioned among the several users. In downtown business district, all retail businesses shall pay a flat rate for their share of dump box. All offices, barber shops and beauty shops shall pay a flat rate. Rate charges will be determined by the City Council and placed into effect July 1 of each year. This will not be adjusted according to the number using a box.
   (F)   It shall be the responsibility of the Director of Public Services to schedule the various areas of the city for collection of refuse on specific days of the week and to notify the people of the city of such collection days. In the event of a holiday or in circumstances beyond the control of the Department of Public Services, the Director of Public Services shall reschedule all collections in the best interest of the city.
   (G)   Rubbish will be collected at the curbline on a schedule developed by the Director of Public Services.
   (H)   All apartment complexes and mobile home parks having in excess of 12 units shall provide a front-loading container of the size directed by the Director of Public Services. Apartment complexes and mobile home parks shall provide concrete pads that are poured to support the front loading truck and containers in a location where the truck can get off the street to dump. The Director of Public Services can review specifications and locations of concrete pads to ensure that they will accommodate the city's front loading trucks.
      (1)   The owners of apartment complexes and mobile home parks designed for and occupied by senior citizens or other citizens needing assistance for physical impairments, may request a waiver from the front loader container requirement and be provided a roll out cart per unit. The request should be addressed to the Director of Public Services and state any special conditions or hardship which may be relevant. Appeal of the decision of the Public Services Director may be made to the City Council and addressed to the City Manager. The decision of the City Council shall be deemed conclusive, however the owners may make a new request upon a substantial change in circumstances or conditions. The owner of the apartment for which a waiver is granted will be charged a fee per roll out cart. The fee may be changed as necessary in the city's annual budget that begins on July 1 of each year. (A customer having both commercial garbage collection and water/wastewater services provided by the city will be billed jointly on a monthly bill. Failure to pay in full the bill for any services billed on this account will result in all services (trash, water, wastewater) being discontinued for this location.)
      (2)   Hardship for apartment and mobile home parks.
         (a)   Proposed apartments, more than 12 units or mobile home parks, more than 12 units (complex), may request a waiver based upon division (H)(2)(b)1. below. Division (H)(2)(b)2. shall not apply to new construction or additions to existing complexes. Proposed apartments, more than 12 units or mobile home parks, more than 12 units, shall designate an area for a future dumpster location on the approved site plan, should the complex no longer meet the requirements of division (H)(2)(b)1. The apartments or mobile home parks shall obtain the waiver prior to obtaining a building permit.
         (b)   In order for an existing apartment complex, more than 12 units or existing mobile home park, more than 12 units (complex), to be eligible for roll out carts in-lieu of dumpsters, a waiver from the Public Services Director shall be required. The Public Services Director will base the waiver on meeting the following conditions:
            1.   The complex shall be designed to serve people that, because of age or other physical impairment have a restricted or limited mobility;
            2.   The majority of the residents residing in the complex have limited mobility due to age or other physical impairment; or
         (c)   Due to physical constraints beyond the control of the owner, a dumpster pad cannot be sited and constructed within the complex and the complex was constructed prior to July 2015, or the dumpster truck is unable to service the boxes and the residential garbage route that serves the complex has capacity.
         (d)   Complexes requesting a hardship waiver shall send a letter to the Public Services Director stating how the complex meets one of the above conditions. If the request for a waiver is denied, the owner of the complex may appeal the decision as outlined in this division.
         (e)   Complexes that receive a waiver shall pay a monthly fee per cart as set in the city annual budget. The fee shall be billed to the owners or management of the complex.
(`90 Code, § 9-13)  (Ord. passed 6-11-74; Am. Ord. passed 4-14-15)
CHAPTER 51:  WATER AND SEWER SERVICE
Section
General Provisions
   51.001   Control of waterworks system
   51.002   Director of Public Services
   51.003   City standard specifications
Connections
   51.015   When connections required
   51.016   Connection; permit, fee, supervision
   51.017   Water mains; extension, tapping, control
   51.018   Charge for water connections
   51.019   Water meters
   51.020   Right to shut off water in mains
   51.021   Occupancy after water shut off
Water Emergency
   51.035   City Manager to inform Mayor
   51.036   Proclamation of Mayor
   51.037   Nonessential use of water
   51.038   Duration
Water Shortage
   51.040   Water shortage proclamation
   51.041   Conditions deemed emergency
   51.042   Restrictions, limitations imposed
   51.043   Proclamation, restrictions to be in writing
   51.044   Lifting or modifying restrictions
   51.045   Enforcement
   51.046   Stages of conservation measures
   51.047   Violation; penalty
Service Charges
   51.050   Rates for water service
   51.051   Sprinkler system
   51.052   Determination of amount
   51.053   Failure to pay
   51.054   Maintenance of service pipe and fixtures
   51.055   Claims against city
Extensions of Water and Sewer Service
   51.065   Basis for assessment
   51.066   Reservation of authority
Extension to Developed Property Within City Limits
   51.080   Request for extension
   51.081   Preliminary assessment resolution
   51.082   Public notice
   51.083   Notice to property owners
   51.084   Cost estimate
   51.085   Public hearing
   51.086   Authorization to commence project
   51.087   Scope not to be increased
   51.088   Assessment procedure
Extension to Proposed Developments or Subdivisions Within City Limits
   51.100   Application
   51.101   Ownership
Extensions Outside City Limits
   51.115   Declaration of policy
   51.116   Private lines, maintenance and replacement
GENERAL PROVISIONS
§ 51.001  CONTROL OF WATERWORKS SYSTEM.
   The waterworks system owned by the city shall be under the control of the City Manager and City Council, and the duty of securing and enforcing full compliance with all rules and regulations governing all connections with the mains shall be vested in the Council or in their authorized agent, who is the Director of Public Services.
(`90 Code, § 20-1)
§ 51.002  DIRECTOR OF PUBLIC SERVICES.
   The Director of Public Services shall have under his or her special charge the municipal waterworks and sewerage system, and all property connected therewith. He or she shall be in charge of the inspection of the waterworks and the sewerage system, and perform such other duties as may be required of him or her by the City Manager or the City Council.
(`90 Code, § 20-2)
§ 51.003  CITY STANDARD SPECIFICATIONS.
   All water and sewer design and installations shall be in accordance with the city standard specifications.
(`90 Code, § 20-151)
CONNECTIONS
§ 51.015  WHEN CONNECTIONS REQUIRED.
   (A)   Every person owning a house, building or other structure used for human habitation or occupancy in the city and located on a lot which abuts or adjoins a street or alley along which is located a public gravity sanitary sewer, which is accessible within 200 feet of the lot, and a water line, which is accessible within 200 feet of the lot, shall make an approved water and sewer connection with the house, building or structure; provided, however, that no person shall be required to cross the private property of any other person to make the water and sewer connections.
   (B)   Every house, building or other structure used for human habitation or occupancy in the city which is located on a lot where no public sanitary sewer line is accessible, as defined in division (A) of this section, shall be connected to a septic tank approved by the State Board of Health.
   (C)   No person shall maintain, use or operate any privy, cesspool or any other means or system of sewage disposal within the city, except as provided in this section.
(`90 Code, § 20-3)  Penalty, see § 10.99
§ 51.016  CONNECTION; PERMIT, FEE, SUPERVISION.
   (A)   No person shall connect any residence or other building or structure with the sewer system of the city without first obtaining the permission of the City Council or its designated agent or officer, and the necessary work in connection therewith, including the laying of pipes and the construction of approaches to the connection, shall be subject to the general supervision of the City Council through its properly designated agents and employees. There shall be a charge for each connection with the sewer system, to be paid by the owner of the property connected therewith.
   (B)   In the event of a failing on-site wastewater treatment system, a person, firm, business or corporation may request of the city to connect to existing pressure sewer main at the expense of the person, firm, business or corporation. In the event that a person, firm, business or corporation is located within a newly annexed area and wishes to receive sewer service prior to the installation of gravity sewer, they may request of the city to connect to an existing pressure sewer main at the expense of the person, firm, business or corporation.
      (1)   The person, firm, business or corporation shall comply with all federal, state and local regulations concerning sewer pumps, pressure lines and equipment necessary to connect to existing pressure sewer lines.
      (2)   The person, firm, business or corporation shall pay the cost for the connection, and shall also be responsible for the maintenance of any and all equipment and private pressure sewer lines necessary to maintain the proper flow to the city's pressure main. Further, when the connection is completed, the person, firm, business or corporation shall have executed a contract with the city which states that the person, firm, business or corporation shall be fully responsible for the repair, maintenance and/or replacement of equipment necessary to the continued operation of the connection.
      (3)   When and if the city installs a gravity flow sewer line, then the person, firm, business or corporation shall disconnect at their expense from the existing pressure sewer main and connect to the gravity flow sewer main. Further, the person, firm, business or corporation shall enter into a contract with the city at the time of the initial connection, that when a gravity flow sewer main becomes available, then the person, firm, business or corporation shall bear all the cost for disconnecting from the pressure sewer main and reconnecting to the gravity flow sewer line.
      (4)   When the city annexes an area with a pressure sewer line and installs a gravity flow sewer line, then the person, firm, business or corporation shall be responsible for their pro rata share and assessment for the gravity flow sewer line, if any.
      (5)   Disconnection shall be at the city's discretion and done according to all pertinent federal, state and local specifications.
      (6)   The city will provide, at the connection or property line, a valve in an accessible enclosure for the person, firm, business or corporation to connect to.
      (7)   Any person, firm, business or corporation connecting to an existing pressure sewer line shall provide the city with plans, specifications and pump designs prepared by a professional engineer.
(`90 Code, § 20-4)  (Am. Ord. passed 10-12-93) Penalty, see § 10.99
§ 51.017  WATER MAINS; EXTENSION, TAPPING, CONTROL.
   The city reserves the privilege of tapping the water mains for any and all connections, and will extend all service pipes to the curbing or property limits, where a stop box will be placed over a stop cock, all of which shall be under the exclusive control of the officers of the city.
(`90 Code, § 20-5)
§ 51.018  CHARGE FOR WATER CONNECTIONS.
   Each person for whom a water connection is made shall pay to the city a charge as set from time to time by the City Council.
(`90 Code, § 20-6)
§ 51.019  WATER METERS.
   No premises shall be connected to the water system of the city unless there is first installed a water meter. All such meters shall be installed by the city under the direction of the Director of Public Services, and they shall remain, at all times, the property of the city.
(`90 Code, § 20-7)  Penalty, see § 10.99
Statutory reference:
   Interfering with water meter, see G.S. § 14-151.1
§ 51.020  RIGHT TO SHUT OFF WATER IN MAINS.
   The city reserves the right at any time to shut off the water in the mains in case of accident or emergency, or for the purpose of making connections, alterations or repairs, and the Director of Public Services shall make reasonable effort to notify all consumers within the district to be shut off at least one hour previous to the shutting off, except in case of accident or emergency, in which case the water shall be shut off without notice.
(`90 Code, § 20-8)
§ 51.021  OCCUPANCY AFTER WATER SHUT OFF.
   No person shall occupy any house or building for human habitation within the city after the water supply thereto has been shut off, except in cases where the supply is shut off temporarily, as provided in § 51.020.
(`90 Code, § 20-9)
WATER EMERGENCY
§ 51.035  CITY MANAGER TO INFORM MAYOR.
   The City Manager shall inform the Mayor when, in his or her opinion, it appears probable that, without conservation measures, certain of the water lines leading from the reservoir might become empty.
(`90 Code, § 20-31)
§ 51.036  PROCLAMATION OF MAYOR.
   Immediately upon receipt of information from the City Manager, as provided for in § 51.035, the Mayor shall proclaim a water emergency and see that widespread announcement of the water emergency is made.
(`90 Code, § 20-32)
§ 51.037  NONESSENTIAL USE OF WATER.
   When any water emergency is proclaimed, no person shall use water from the city water supply for the purposes of washing vehicles, watering lawns or gardens, filling pools or jacuzzis, or any other nonessential use for the duration of the water emergency.
(`90 Code, § 20-33)  Penalty, see § 10.99
§ 51.038  DURATION.
   Unless renewed by further proclamation by the Mayor, the duration of any water emergency shall be 72 hours. Nothing in this section shall be construed to prevent the Mayor from declaring a new water emergency based on information from the City Manager.
(`90 Code, § 20-34)
WATER SUPPLY SHORTAGE
§ 51.040  WATER SHORTAGE PROCLAMA-TION.
   In the event of an existing or threatening state of emergency endangering the safety, health or welfare of the people of the city, or threatening damage or destruction of property, arising from the shortage or threatened shortage of water, the city is hereby authorized and empowered to issue a public proclamation declaring the existence of such state of emergency, and to define and impose such appropriate prohibitions and restrictions resulting from the water shortage applicable to all persons within the jurisdiction of the city in order to meet the exigencies of the predetermined state of emergency.
(Ord. passed 10-8-02)
§ 51.041  CONDITIONS DEEMED EMERGENCY.
   A state of emergency shall be deemed to exist whenever, in the opinion of the City Council, the availability and supply of water is critical so that a mechanical malfunction or breakdown of the city's pumps or a rapid draw down of the water supply would so deplete the water supply and availability of water as to threaten or cause to threaten the availability of water for human consumption, for firefighting purposes and other protection of lives and property, and the conservation of water is necessary in order to protect lives, safety and property within the city.
(Ord. passed 10-8-02)
§ 51.042  RESTRICTIONS, LIMITATIONS IMPOSED.
   (A)   The Council is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such state of emergency.
   (B)   Such proclamation may specify the authorized uses of water within the city, and may place limitations, prohibitions and restrictions upon the usage of water for residential, business, and commercial uses. Such proclamation may limit the use of water for non-crucial uses such as the watering of lawns, washing of automobiles, and similar activities and may be expanded thereafter to include other activities. The proclamation will use predetermined stages of water restrictions found in § 51.046.
(Ord. passed 10-8-02)
§ 51.043  PROCLAMATION, RESTRICTIONS TO BE IN WRITING.
   Upon the declaration of a proclaimed state of emergency arising from the availability or shortage of water, such proclamation and all restrictions, prohibitions, and limitations on the use of water shall be in writing and duly signed by the mayor or any person authorized to act in his or her stead. All restrictions, prohibitions, and limitations upon the use of water during the proclaimed state of emergency shall be in writing and specifically described and identified so that the citizens and the residents of the city shall have available the specific activities authorized and the specific activities prohibited.
(Ord. passed 10-8-02)
§ 51.044  LIFTING OR MODIFYING RESTRICTIONS.
   When authorized by the City Council, the Mayor shall proclaim the end of such state of emergency and shall have the authority to modify, lift or suspend any restrictions, limitations or prohibitions stated in such proclamation of emergency as soon as the circumstances warrant.
(Ord. passed 10-8-02)
§ 51.045  ENFORCEMENT.
   Upon the declaration of mandatory conservation, water shortage emergency, or rationing, the City Manager and his or her designee and every police officer of the city may enforce any restrictions or bans imposed on the use of water.
(Ord. passed 10-8-02)
§ 51.046  STAGES OF CONSERVATION MEASURES.
   The City Council may initiate the following stages of water conservation measures to avoid or lessen the impact of a water shortage. The City Council shall base their action upon a review of all factors that affect the city's water supply, including, but not limited to, current water supply, seasonal effect on water supply and current consumption rates. The City Manager or his designee may recommend to the City Council one of four escalating stages of water conservation, which shall be effective upon being signed and posted in city hall and a copy placed with the City Clerk.
   (A)   Stage I - Voluntary conservation.  In Stage I of water conservation, the city shall publicize and encourage the public voluntarily to comply with the following water conservation measures:
      (1)   Limit lawn watering to that which is necessary for plants to survive.
      (2)   Water shrubbery the minimum amount required, reusing household water when possible.
      (3)   Limit vehicle washing to the minimum.
      (4)   Refrain from washing down outside areas such as sidewalks, patios, etc.
      (5)   Use showers for bathing rather than bathtubs, and limit showers to no more than four minutes.
      (6)   Refrain from leaving faucets running while shaving or while rinsing dishes.
      (7)   Limit use of clothes washers and dishwashers and when used, operate fully loaded.
      (8)   Install water-flow restrictive devices in showerheads.
      (9)   Use disposable and biodegradable dishes.
      (10)   Install water-saving devices such as bricks, plastics, bottles or commercial units in toilet tanks.
   (B)   Stage II - Moderate mandatory conservation. In Stage II of water conservation, the city shall continue all recommendations of Stage I and the following measures shall be mandatory:
      (1)   No watering of lawns, grass, shrubbery, trees, flowers or vegetable gardens except between the hours of 7:00 p.m. and 10:00 p.m. Monday through Friday.
      (2)   No filling of newly constructed swimming and/or wading pools and existing pools which have been drained. A minimal amount of water may be added to maintain continued operation of pools which are in operation at the time the provisions of Stage II are placed into effect.
      (3)   No washing of automobiles, trucks, trailers, boats, or any other type of mobile equipment. Commercial car wash facilities are not included.
      (4)   No washing down of outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exterior of existing or newly constructed homes or apartments, sidewalks or patios, or use of water for other similar purposes.
      (5)   No introducing water into any ornamental fountain, pool or pond or other structure making similar use of water.
      (6)   No serving of drinking water in restaurants, cafeterias or other food establishments, except upon request.
      (7)   No using water from public or private fire hydrants for any purpose other than fire suppression or other public emergency.
      (8)   No using water for dust control or compaction.
      (9)   No using water for any unnecessary purpose or intentionally wasting water.
   (C)   Stage III - Severe mandatory conservation. In Stage III of water conservation, all the provisions of Stages I and II apply and, in addition, the following measures shall be mandatory:
      (1)   No watering of lawns, grass, shrubbery, trees, flowers or vegetable gardens.
      (2)   No nonessential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants.
      (3)   No using water outside of structures for any use other than emergencies involving fire.
      (4)   No introducing water into swimming pools.
      (5)   Commercial car washes are not allowed to use city water.
   (D)   Stage IV--Rationing. In Stage IV of water conservation, all provisions of Stages I through III apply and, in mandatory:
      (1)   Fire protection will be maintained, but where possible, tank trucks shall use raw water.
      (2)   All other uses of water will be limited to those uses necessary to meet essential health and safety needs of customers.
(Ord. passed 10-8-02)  Penalty, see § 51.047
§ 51.047  VIOLATION; PENALTY.
   (A)   Violation.  It shall be unlawful for any person to violate any provision of this subchapter, including any mandatory water conservation measure.
   (B)   Civil penalties.  Any person who violates this subchapter is subject to a civil penalty as described below in division (G) per violation, per day, for as long as the violation exists. The city shall serve a written citation on the violator and the customer, if different, by personal delivery or by certified or registered mail, return receipt requested. The citation shall describe the violation and shall specify the amount of the civil penalty levied. If a person fails to pay a civil penalty within ten days after receiving written notice of such violation, then the city may recover the penalty through a civil action in the nature of a debt, including all further accruing penalties for continuing violations.
   (C)   Continuing violation.  Each day that a violation continues shall constitute an additional and separate offense for the purpose of criminal and civil penalties.
   (D)   Discontinuance of service.  The city may discontinue service to a customer upon a determination by the City Manager that the customer violated a provision of this subchapter. Prior to discontinuance of service, the City Manager or his or her designee shall give the customer written notice of the violation and an opportunity to contest the discontinuance of service within 48 hours. However, the City Manager in his or her opinion, reserves the right, when such violation poses an interment threat to the water supply, may waive the 48 hour notice.
   (E)   Multiple remedies.  The city may seek to enforce this subchapter through any appropriate equitable or legal action or through any combination of the remedies set forth in this subchapter.
   (F)   Appeal.  A person who is assessed civil penalties or whose service is discontinued may appeal to the City Council by serving written notice on the City Manager or his designee within ten days of the person being served with a citation or notice of discontinuance. An order of discontinuance is not stayed pending appeal to the board.
   (G)   Fines.  Civil penalties for violations to this subchapter will result in fines as set forth:
   Stage I            No Fines
   Stage II         $100
   Stage III         $250
   Stage IV         $1,000
(Ord. passed 10-8-02)
SERVICE CHARGES
§ 51.050  RATES FOR WATER SERVICE.
   All persons using city water or sewers shall pay therefor in accord with the rates established from time to time by the City Council and kept on file in the office of the Utility Billing Clerk.
(`90 Code, § 20-51)
§ 51.051  SPRINKLER SYSTEM.
   All persons maintaining a sprinkler system within the city and connected to the city’s water system shall pay for such service a sum per month for each 10,000 square feet or fraction thereof of the sprinkler system, as set from time to time by the City Council. For sprinkler systems located outside the city limits, the charge shall be double the rate.
(`90 Code, § 20-52)
§ 51.052  DETERMINATION OF AMOUNT.
   The amount of the water and sewer service charge due from any customer and any refunds therefor shall be determined in accordance with the cash management policy, as set forth in Chapter 37.
(`90 Code, § 20-54)
§ 51.053  FAILURE TO PAY.
   (A)   If any person fails or refuses to pay any water or sewer service charge on or before the fifteenth day of the month in which it is due, the Director of Public Services is authorized to shut off water service to the premises in accordance with the provisions of this section, and to take such other action as is provided by the cash management policy. When water has been shut off under this section, it shall be unlawful for any person to turn on or restore the service. 
(`90 Code, § 20-55)
   (B)   (1)   If any bill is not paid by or before the date specified in division (A) of this section, a second bill will be mailed containing a notice that if the bill  is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment.
      (2)   Any customer disputing the correctness of the bill shall have a right to a hearing, at which time the customer may be represented in person and by counsel or any other person of the customer's choosing, and may present orally or in writing any complaints and contentions to the city official in charge of utility billing. Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. The official in charge of utility billing shall be authorized to order that the customer's service not be discontinued, and shall have the authority to make a final determination of the customer's complaint.
      (3)   In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 15 days.
   (C)   When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of a bill, service will be reinstated only after all past-due bills for service have been paid, along with a late fee charge in the sum of $30.
(Am. Ord. passed 9-14-10)  Penalty, see § 10.99
§ 51.054  MAINTENANCE OF SERVICE PIPE AND FIXTURES.
   Persons taking water from the city's mains must keep their service pipe and all fixtures connected therewith in good repair and protected from frost, at their own expense.
(`90 Code, § 20-56)
§ 51.055  CLAIMS AGAINST CITY.
   It is expressly stipulated by and between the city and its water customers that no claims shall be made against the city on account of the bursting or breaking of any water main or service pipe, any attachment to the waterworks, or for any incidental failure in the supply of water or temporary interruption of water service.
(`90 Code, § 20-57)
EXTENSIONS OF WATER AND SEWER SERVICE
§ 51.065  BASIS FOR ASSESSMENT.
   The city shall, by resolution, have authority to extend its water and sewer systems and to defray the expense of the extensions by an assessment upon the properties abutting upon the project, made on the basis of the frontage abutting on the project, at an equal rate per foot of frontage.
(`90 Code, § 20-77) (Ord. passed 2-14-89)
§ 51.066  RESERVATION OF AUTHORITY.
   Nothing in this subchapter shall be construed to prohibit the city from constructing water and sewer extensions with its own funds, or entering into a contract with the county or any other organization for funds for the construction of water transmission lines or sewage collection lines or outfall sewers either inside or outside the city for the purpose of serving industry or any general purpose facility or area, under such terms or conditions as the City Council may from time to time determine appropriate.
(`90 Code, § 20-78)  (Ord. passed 2-14-89)
EXTENSION TO DEVELOPED PROPERTY WITHIN CITY LIMITS
§ 51.080  REQUEST FOR EXTENSION.
   Upon receipt of a request for water or sewer extension, the City Council shall hear the request and determine if it is in the best interest of the city to extend the system. Upon a favorable determination by the City Council, the procedure specified in this subchapter shall be followed.
(`90 Code, § 20-91) (Ord. passed 2-14-89)
§ 51.081  PRELIMINARY ASSESSMENT RESOLUTION.
   The City Council shall adopt a preliminary assessment resolution containing a statement of intent to undertake the project, a general description of the nature and location of the project, a statement as to the interest rate charged per annum on any financed portion of assessment, a statement as to the terms of payment of the assessment, and an order setting a time and place for a public hearing on the preliminary assessment resolution. The public hearing must be held between three and ten weeks from the date of the adoption of the preliminary assessment resolution.
(`90 Code, § 20-92)  (Ord. passed 2-14-89)
§ 51.082  PUBLIC NOTICE.
   At least ten days prior to the public hearing date set in the preliminary assessment resolution, the City Clerk shall cause to be published in the local newspaper a notice stating the time and place of the public hearing, along with a general description and location of the proposed project.
(`90 Code, § 20-93) (Ord. passed 2-14-89)
§ 51.083  NOTICE TO PROPERTY OWNERS.
   At least ten days prior to the public hearing date set in the preliminary assessment resolution, the City Clerk shall mail to all property owners subject to assessment a copy of the preliminary assessment resolution, and certify to the City Council that the copies were mailed first-class mail, and the date of mailing.
(`90 Code, § 20-94) (Ord. passed 2-14-89)
§ 51.084  COST ESTIMATE.
   Prior to the date of the public hearing set in the preliminary assessment resolution, the City Manager or his or her representative shall prepare an estimate of the cost of the project for consideration by the City Council at the public hearing.
(`90 Code, § 20-95)  (Ord. passed 2-14-89)
§ 51.085  PUBLIC HEARING.
   The City Council shall hold the public hearing at the place and time advertised in the preliminary assessment resolution, and hear all interested persons that appear with respect to any matter covered by the preliminary assessment resolution.
(`90 Code, § 20-96)  (Ord. passed 2-14-89)
§ 51.086  AUTHORIZATION TO COMMENCE PROJECT.
   After the public hearing and an affirmative vote by the City Council, the Council shall adopt a resolution directing that the project or specified portion thereof be undertaken.
(`90 Code, § 20-97)  (Ord. passed 2-14-89)
§ 51.087  SCOPE NOT TO BE INCREASED.
   After the City Council passes a resolution to undertake the project, the project scope, assessment percentage and assessment payment period shall not be increased without a new preliminary assessment resolution.
(`90 Code, § 20-98)  (Ord. passed 2-14-89)
§ 51.088  ASSESSMENT PROCEDURE.
   (A)   Upon completion of the improvement project, the City Manager or his or her representative shall determine the total project cost. The total project cost shall include engineering, materials, labor, equipment, legal fees, interest paid by city during construction, right-of-way cost and cost of publications.
   (B)   The City Council shall then pass a resolution declaring cost and ordering preparation of the preliminary assessment roll and setting a time and place for a public hearing on same.
   (C)   The City Clerk shall then prepare the preliminary assessment roll, and same shall be maintained in the Clerk's office for public inspection.
   (D)   Ten days prior to the date of public hearing on the preliminary assessment roll resolution, the City Clerk shall cause to be published a public notice in the local paper, stating a description of the project, noting the assessment roll is available in the Clerk's office for public inspection, and the time and place of the public hearing on the assessment roll.
   (E)   The City Clerk shall mail a notice to each property owner, stating the time and place of the assessment roll public hearing, at least ten days prior to the hearing.
   (F)   The assessment roll public hearing shall be held at the announced time and place, at which time the City Council shall hear all contentions and objections from all interested persons. After the public hearing, the City Council shall adopt a resolution confirming the assessment roll and levying the assessment.
(`90 Code, § 20-99)  (Ord. passed 2-14-89)
EXTENSION TO PROPOSED DEVELOPMENTS OR SUBDIVISIONS WITHIN CITY LIMITS
§ 51.100  APPLICATION.
   (A)   An application requesting the extension of water or sanitary sewer service or both to a proposed development or subdivision within the city limits shall consist of the following:
      (1)   A preliminary plan of the proposed development or subdivision.
      (2)   A schedule setting forth proposed beginning and completion dates for all phases of the project.
   (B)   If the application is approved by the City Council, the applicant shall submit the plan and profile drawing with written specification in accordance with city standards to the Director of Public Services for approval.
(`90 Code, § 20-111)
§ 51.101  OWNERSHIP.
   All water or sewer facilities and easements constructed and acquired pursuant to this subchapter shall be owned by the city, and the developer shall agree to this provision and provide the city with appropriate recorded easements.
(`90 Code, § 20-113)
EXTENSIONS OUTSIDE CITY LIMITS
§ 51.115  DECLARATION OF POLICY.
   All extensions of water and sewer outside the city limits, installed by other than the city, shall be in accordance with "The City and County Joint Water and Sewer Agreement.”
(`90 Code, § 20-131)
§ 51.116  PRIVATE LINES, MAINTENANCE AND REPLACEMENT.
   (A)   Application.  The city shall identify all private waterlines located outside the city limits, the ownership of which is unknown or for which there is no known person or entity that has assumed responsibility for maintenance and repair of such waterlines.
      (1)   Any city water user being served through a private waterline as described above shall pay for the water three times the rate charged to inside-the-city users.
      (2)   The city shall set aside in a special utility fund one-third of the funds collected from the water users described in this section. The fund shall be used to pay the costs of repair and maintenance of the private waterlines as determined necessary by the city. Additionally, the fund may be used to pay the costs of private waterline replacements as such are determined necessary by the city, and as funds to finance same are available from the special utility fund.
      (3)   In all instances where new waterlines are installed to replace old private waterlines in accordance with the provisions of this section, the new waterlines shall become the exclusive property of the city, and any persons or entities owning property traversed by the replacement waterline shall be required to grant a 15-foot wide permanent easement to the city to accommodate the city's future ownership and maintenance responsibility as to the line.
   (B)   Contractual agreements. In those instances where there are identifiable owners of private waterlines outside the city limits, and the owners are willing to be fully responsible for the repair, maintenance and replacement of their waterlines, then the owners shall be required to enter into a contract with the city which would guarantee the repair, maintenance and replacement of the private waterlines at no cost to the city, and all persons or entities served by the private waterlines shall pay only two times the standard inside-the-city-limits water rate for all city water used.
(`90 Code, § 20-137)  (Ord. 91-03, passed 5-14-91)
CHAPTER 52:  SEWERS
Section
General Provisions
   52.001   Purpose and policy
   52.002   Definitions and abbreviations
General Sewer Use Requirements
   52.015   Prohibited discharge standards
   52.016   National categorical pretreatment standards
   52.017   Local limits
   52.018   State requirements
   52.019   Right of revision
   52.020   Dilution
   52.021   Pretreatment of wastewater
   52.022   Accidental discharge/slug control plans
   52.023   Hauled wastewater
Fees
   52.035   Purpose
   52.036   User charges
   52.037   Surcharges
   52.038   Pretreatment program administration charges
Wastewater Discharge Permit Application and Issuance
   52.050   Wastewater dischargers
   52.051   Wastewater permits
Reporting Requirements
   52.065   Baseline monitoring reports
   52.066   Compliance schedule progress reports
   52.067   Reports on compliance with categorical pretreatment standard; deadline
   52.068   Periodic compliance reports
   52.069   Reports of changed conditions
   52.070   Reports of potential problems
   52.071   Reports from unpermitted users
   52.072   Notice of violation; repeat sampling and reporting
   52.073   Notification of the discharge of hazardous waste
   52.074   Analytical requirements
   52.075   Grab and composite sample collection
   52.076   Timing
   52.077   Record keeping
   52.078   Electronic reporting
Compliance Monitoring
   52.090   Monitoring facilities
   52.091   Inspection and sampling
   52.092   Search warrants
Confidential Information
   52.105   Confidential information
Enforcement and Administration
   52.120   Administrative remedies
   52.121   Other available remedies
   52.122   Remedies non-exclusive
   52.123   Annual publication of significant non-compliance
   52.124   Adjudicatory hearings
Affirmative Defenses to Discharge Violations
   52.135   Upset
   52.136   Prohibited discharge standards defense
   52.137   Bypass
 
   52.999   Penalty
§ 52.001  PURPOSE AND POLICY.
   (A)   This chapter sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Roxboro, hereafter referred to as the city, and enables the city 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 CFR, Part 403).
   (B)   The objectives of this chapter are;
      (1)   To prevent the introduction of pollutants and wastewater discharges 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 and wastewater discharges 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 sludges 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 stale laws to which the municipal wastewater system is subject.
   (C)   This chapter 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 chapter shall apply to all users of the municipal wastewater system, as authorized by G.S. § 160A-312 and/or G.S. § 153A-275. The city shall designate an administrator of the publicly owned treatment works or POTW and pretreatment program hereafter referred to as the POTW Director. Except as otherwise provided herein, the POTW Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or imposed upon the POTW Director may be delegated by the POTW Director to other city personnel.
   (E)   By discharging wastewater into the city wastewater system, industrial users located outside the city limits agree to comply with the terms and conditions established in this chapter, as well as any permits, enforcement actions, or orders issued hereunder.
(Ord. passed 3-19-12)
§ 52.002  DEFINITIONS AND ABBREVIATIONS.
   (A)   For the purpose of this chapter, 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 North Carolina 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, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment decisions, and initiate and direct comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements, and where 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)   If the industrial user is a federal, state or local government facility, an AUTHORIZED REPRESENTATIVE shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
         (d)   The individuals described in divisions (a) through (c) 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 city.
         (e)   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 20° centigrade, usually expressed as a concentration (e.g. 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.
      CONTROL AUTHORITY.  Refers to the POTW organization if the POTW organization’s pretreatment program approval has not been withdrawn.
      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 the 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 nondomestic source regulated under section 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 collection system, treatment processes, operations, or its sludge process, use, or disposal, winch causes or contributes to a violation of any requirement of the POTW’s NPDES, collection system, 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 section 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, the Marine Protection Research and Sanctuary Act (MPRSA) 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 CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD.  Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 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 CFR Chapter 1, Subchapter N, Parts 405-471.
      NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM, or NPDES, PERMIT. A permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342), or pursuant to G.S. § 143-215.1 by the state under delegation from EPA.
      NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.015 of this chapter and are developed under the authority of 307(b) of the Act and 40 CFR § 403.5.
      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 section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 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 division (a)1. or 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:
               i.   Any placement, assembly, or installation of facilities or equipment; or
               ii.   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; or
            2.   Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 permit issued by the state pursuant to G.S. § 143-215.1(d) for a waste which is not discharged directly to surface waters of the Stale or for a wastewater treatment works which does not discharge directly to surface waters of the state.
      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 Control Authority’s (and/or POTW’s, if different from the Control Authority) NPDES, collection system, 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 grains 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 (e.g., pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, or odor).
      POTW DIRECTOR.  The chief administrative officer of the Control Authority or his or her delegate.
      POTW TREATMENT PLANT.  That 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 city in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by G.S.§ 143-215.3(a)(14) in accordance with 40 CFR 403.11.
      PRETREATMENT REQUIREMENTS.  Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.
      PRETREATMENT STANDARDS.  Any prohibited discharge standards, categorical standards, or local limits which applies to an industrial user.
      PUBLICLY OWNED TREATMENT WORKS (POTW) or MUNICIPAL WASTEWATER SYSTEM. A treatment works as defined by section 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. 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 chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, or in any other way, users of the POTW of the city.
      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 (SIU).  Any industrial user that discharges wastewater into a publicly owned treatment works and that:
         (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 more than 5% of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge;
         (c)   Is subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR chapter I, Subchapter N. Parts 405-471; or
         (d)   Is found by the city, the Division of Water Quality 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 SNC.  The status of non-compliance of a significant industrial user when one or more of the following criteria are met. Additionally, any industrial user which meets the criteria in divisions (c), (d) or (h) of this definition shall also be SNC.
         (a)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter (not including flow) during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403 3(1);
         (b)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(1) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS fats oil and grease, 1.2 for all other pollutants (except flow and pH));
         (c)   Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Control Authority and/or POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
         (d)   Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health, welfare or to the environment or has resulted in either the Control Authority’s or the POTW’s, if different from the Control Authority, exercise of its emergency authority under 40 CFR Part 403.8(f)(l)(vi)(B) and § 52.120(E) to halt or prevent such a discharge;
         (e)   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;
         (f)   Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 45 days from the due date;
         (g)   Failure to accurately report non-compliance; or
         (h)   Any other violation or group of violations that the Control Authority and/or POTW determines will adversely affect the operation or implementation of the local pretreatment program.
      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 § 52.015.
      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.
      STORM WATER.  Any flow occurring during or following any form of natural precipitation and resulting there from.
      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 storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
      WASTEWATER PERMIT.  As set forth in § 52.051.
      WATERS OF THE STATE.  All streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs 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 chapter 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 chapter shall have the designated meanings:
      (1)   BOD   Biochemical Oxygen Demand
      (2)   CFR   Code of Federal Regulations
      (3)   COD   Chemical Oxygen Demand
      (4)   EPA   Environmental Protection Agency
      (5)   gpd      Gallons per day
      (6)   l      Liter