(A) Definitions. 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.
AMMONIA NITROGEN. A component of the nitrogen cycle produced largely by deamination of organic nitrogen containing compounds and by hydrolysis of urea. Content can be determined potentiometrically by use of a hydrophilic gas permeable membrane under standard laboratory procedure.
APPROVAL AUTHORITY. The Director of the Division of Water Resources of the state’s 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, the term 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 recommendations 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, mayor, town manager, department head 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 signed by an officer of the company, other entity or government is submitted to the town.
(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 the POTW Director prior to or together with any reports to be signed by an AUTHORIZED REPRESENTATIVE.
AUTOMOTIVE ESTABLISHMENT. A business that discharges process wastewater to the sanitary sewer system and that services, repairs and/or washes vehicles, including, but not limited to: automotive repair shops, car dealerships, car washes and any other facility that, in the POTW Director’s opinion, requires an oil/grit separator by virtue of its operation.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C usually expressed as a concentration (milligrams per liter (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.
CHEMICAL OXYGEN DEMAND (COD). A measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant under standard laboratory procedure.
COLOR. Any deviation from clear liquid due to substances in solution or due to suspended matter or both.
COMPOSITE SAMPLE. A sample consisting of grab samples collected at equal intervals and combined proportionally to flow or a sample continuously collected proportionally to flow or a sample of equal volumes taken at equal time intervals.
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 said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
FOOD SERVICE ESTABLISHMENT (FSE). A separate non-residential or other commercial kitchen or place where food and/or beverages are prepared and/or served for consumption regardless of whether consumption is on or off the premises and regardless of whether or not there is a charge for the food or beverage, including, but not limited to, restaurants, childcare centers, churches, assisted living facilities, schools, bakeries, coffee shops, grocery stores, cafeterias churches and any other facility that, in the POTW Director’s opinion, require a grease interceptor installation by virtue of its operation.
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.
GREASE INTERCEPTOR. A passive device, as defined by the most recent version of the state’s Plumbing Code and located underground and outside of a food service facility designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid to discharge to the collection system by gravity.
GREASE TRAP. A passive device, as defined by the most recent version of the state’s Plumbing Code and located in a food service facility or under a sink designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid to discharge to the collection system by gravity.
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).
INTERCEPTOR. A device designed and installed to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from normal wastes, while permitting normal sewage or wastes to discharge into the drainage system by gravity.
INTERFERENCE. The inhibition or disruption of the POTW collection system, treatment processes, operations or its sludge process, use or disposal, which causes or contributes to a violation of any requirement of the control authority (and/or POTWs, if different from the control authority) 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 § 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 being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act being 15 U.S.C. §§ 2601 et seq., the Marine Protection Research and Sanctuary Act (MPRSA) being 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 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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (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 EPA.
NEW SOURCE. As defined in 40 C.F.R. § 403.3(m), including any subsequent amendments and additions.
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 state or for a wastewater treatment works which does not discharge directly to surface waters of the state.
NON-DOMESTIC SOURCES. Any sources that discharge any substances other than human excrement and household gray water (shower, dish washing operation and the like). NON-DOMESTIC SOURCES discharge pollutants which include the characteristics of the wastewater (such as including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity and odor).
OIL AND GREASE. Fats, oils and grease of animal or vegetable origin; petroleum oil, cutting oil or products of mineral origin, whether emulsified or not, whether solidified or viscous. For analytical purposes, OIL AND GREASE is defined as any material recovered under standard NCDENR certified laboratory procedure or as determined under such standard laboratory procedures as may be hereinafter adopted.
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 or increases 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, even if not included in the permit.
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, state, federal or local government entities or any other legal entity, or their legal representatives, agents or assigns.
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 discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste, and certain characteristics of wastewater including, but not limited to, pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity or odor.
POTW DIRECTOR. The Public Service Director or the town employee designated with the responsibility for the pretreatment program and enforcement of this chapter.
POTW TREATMENT PLANT. The portion of the town’s 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 pollutants into a POTW collection system and/or treatment plant. 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.
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
PUBLICLY OWNED TREATMENT WORKS (POTW). 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 which 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 town who are, by contract, agreement or in any other way with the town, users of the town’s POTW.
SEPARATOR. A device designed to separate oils or other items from normal waste for proper disposal, rendering or recycling. The separated material is not retained within the unit but is siphoned off or discharged to a container for storage and disposal, thus maintaining the efficiency of the device.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the 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 or SIU.
(a) An industrial user that discharges wastewater into a publicly owned treatment works or collection system and that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewaters);
2. 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;
3. Is subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter 1, Subchapter N, parts 405 through 471; or
4. Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement or for contributing to violations of the POTW’s effluent limitations and conditions in its NPDES or non-discharge permit or for contributing to violations of the POTW’s receiving stream standard or for limiting the POTW’s sludge disposal options.
(b) Subject to the state’s Department of Environment and Natural Resources, Division of Water Resources, approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in divisions (a)(1) and (a)(2) above has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standards or requirement or for contributing to violations of the POTWs effluent limitations and conditions in its NPDES or non-discharge permit or for contributing to violations of the POTWs receiving stream standard or for limiting the POTWs sludge disposal options and thus is not a significant industrial user.
(c) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in division (a)(3) above meets the requirements of 40 C.F.R. § 403.3(v)(2) and thus is a non-significant categorical industrial user.
(d) Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in division (a)(3) above meets the requirements of 40 C.F.R. § 403.12(e)(3) and thus is a middle tier significant industrial user. Sampling and inspection requirements may be cut in half as per 40 C.F.R. §§ 403.8(f)(2)(v)(C) and 403.12(e)(3).
(e) For the purposes of this chapter, the term SIGNIFICANT INDUSTRIAL USER shall also include any user that transmits a combination of industrial waste and domestic waste for treatment by the POTW.
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) below 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 C.F.R. § 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 C.F.R. § 403.3(1) multiplied by the applicable TRC; (TRC=1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants (except flow and pH));
(c) Any other violation of a pretreatment standard or requirement, as defined by 40 C.F.R. § 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 C.F.R. § 403.8(f)(1)(vi)(B) and § 50.119(E) of this chapter to halt or prevent such a discharge;
(e) Violations of compliance schedule milestones, contained in local either this chapter, an interlocal agreement, or a pretreatment permit or enforcement order for starting construction, completing construction or attaining final compliance by 90 days or more after the schedule date;
(f) Failure to provide reports and permitting information for new sills intending to connect, reconnect or contribute wastewater to the system, compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, periodic compliance reports and permitting information, as outlined in § 50.095 of this chapter, 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 §§ 50.040 and 50.043 of this chapter.
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 therefrom.
TOTAL KJELDAHL NITROGEN (TKN). The sum of nitrogen in the form of ammonia and organic compounds as analytically determined under standard laboratory procedure. The term refers to the lab technique used in the determination.
TOTAL SUSPENDED SOLIDS (TSS). 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 under standard laboratory procedure.
UPSET. An exceptional incident in which there is unintentional and temporary non- compliance with 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.
USER. Any person, individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, state, federal or local government entities or other legal entity, or their legal representatives, agents, or assigns who contributes, causes or permits the contribution of wastewater into the town’s POTW, including those who contribute such wastes from mobile sources.
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 ground water, surface water and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
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) Abbreviations. The following abbreviations shall have the designated meanings.
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 |
NH3-N | Ammonia nitrogen |
NCDENR/DWR | North Carolina Department of Environment and Natural Resources/Division of Water Quality |
NPDES | National Pollutant 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, 42 U.S.C. §§ 6901 et seq. |
TKN | Total Kjeldahl nitrogen |
TSS | Total suspended solids |
U.S.C. | United States Code |
(Ord. passed 10-14-2021)
Statutory reference:
Related provisions, see G.S. §§ 143-213(18), 143-215.1, 143-215.1(d) and 143-215.3(a)(14)