(A) Purpose. The purpose of this chapter is to set forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the town; to enable the town to comply with all applicable state and federal laws now in effect or hereinafter adopted or amended as required by the Clean Water Act of 1977 and general pretreatment regulations 40 C.F.R. part 403; to provide 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 all other users; and to authorize monitoring and enforcement activities; to require user reporting and provide for the setting of fees for the equitable distribution of costs resulting from the program established herein. This chapter shall apply to all users of the municipal wastewater system, as authorized by G.S. §§ 160A-312 and/or 153A-275. The town shall designate an administrator of the publicly owned treatment works or POTW and pretreatment program hereafter referred to as the POTW Director. Any powers granted to or imposed upon the POTW Director may be delegated by the POTW Director to other town personnel.
(B) Applicability; authority of POTW Director. This chapter shall apply to all persons within the town and to persons and entities outside the town, who are, by permit, agreement or otherwise, users of the town’s POTW, as defined in G.S. § 14-202(a)55. 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 town personnel. The POTW Director is hereby empowered to adopt such other written rules and policies which are consistent with this chapter in order to implement and enforce the provisions hereof. By discharging wastewater into the municipal wastewater system, all users located beyond the town limits agree to comply with the terms and conditions established in this chapter as well as any permits or orders issued hereunder. This includes all industrial and/or domestic sewage users discharging or hauling and depositing sewage in the wastewater collection system owned by any satellite POTW.
(C) Policy.
(1) It is the policy of the town that the discharge of pollutants into the wastewater collection and treatment system is not a matter of right, but is a privilege which may be withdrawn by means consistent with the provisions of this chapter or with any permit or interlocal agreement issued pursuant hereto or both in order to protect its citizens, the environment and its wastewater collection and treatment system. Any user who is unwilling or unable to comply with the provisions contained herein will not be permitted to make or maintain a connection to or deposit sewage for treatment by the town the wastewater treatment system of the town.
(2) Also, recognizing that the scientific and technical expertise involved in demonstrating the burden of proof in matters concerning significant industrial users is substantially greater and more complex as compared to that of other wastewater permittees or users, the Town Council deems it to be in the best interests of the public health, safety and welfare to provide an adjudicatory hearing process for significant industrial users which provides sufficient time to collect and analyze data necessary for contested case hearings. Also, a more expeditious administrative appeals process is provided for permittees or users in the interests of safety, efficiency and economy while still preserving such persons’ due process rights to notice and an opportunity to be heard before a final determination of his, her or their rights.
(D) Objectives. The objectives of this chapter are:
(1) To prevent the introduction of pollutants and wastewater discharges into the wastewater system of the municipality which will interfere with the efficient and economic 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 improve the opportunity to dispose of and utilize sludge from the system;
(4) To protect both municipal personnel who may come into contact with 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 town complies with its NPDES or non-discharge permit conditions, sludge use disposal requirements and any other federal or state laws to which the municipal wastewater system is subject.
(Ord. passed 10-14-2021)
Statutory reference:
Related provisions, see G.S. §§ 14-202(a)55, 160A-312 and 153A-275