HomeMy WebLinkAbout2006/01/03 Sewer Use OrdinanceCounty of Harnett
PA�je 3 io
Sewer Use Ordinance
(SUO)
Harnett County
North Carolina
June 8, 2005
SECTION 3 - FEES
3.1
e�
12
SUO
User Charges
12
3.3
TABLE OF CONTENTS
12
3.4
Pretreatment Program Administration Charges
Page #
SECTION 1 - GENERAL PROVISIONS
WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
1.1
Purpose and Policy
2
1.2
Definitions and Abbreviations
2
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
SECTION 5 - REPORTING REQUIREMENTS
2.1
Prohibited Discharge Standards
8
2.2
National Categorical Pretreatment Standards
9
2.3
Local Limits
10
2.4
State Requirements
10
2.5
Right of Revision
10
2.6
Dilution
10
2.7
Pretreatment of Wastewater
10
2.8
Accidental Discharge /Slug Control Plans
it
2.9
Hauled Wastewater
11
SECTION 3 - FEES
3.1
Purpose
12
3.2
User Charges
12
3.3
Surcharges
12
3.4
Pretreatment Program Administration Charges
13
SECTION 4 -
WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1
Wastewater Dischargers
13
4.2
Wastewater Permits
13
SECTION 5 - REPORTING REQUIREMENTS
5.1
Baseline Monitoring Reports
18
5.2
Compliance Schedule Progress Reports
19
5.3
Reports on Compliance with Categorical Pretreatment Standard Deadline
19
5.4
Periodic Compliance Reports
20
5.5
Reports of Changed Conditions
20
5.6
Reports of Potential Problems
20
5.7
Reports from Unpermitted Users
21
5.8
Notice of Violation/Repeat Sampling and Reporting
21
5.9
Notification of the Discharge of Hazardous Waste
21
5.10
Analytical Requirements
22
5.11
Sample Collection
22
5.12
Timing
22
5.13
Record Keeping
22
SECTION 6 - COMPLIANCE MONITORING
6.1
Monitoring Facilities
22
6.2
Inspection and Sampling
23
6.3
Search Warrants
23
SECTION 7 - CONFIDENTIAL INFORMATION
23
SECTION 8 - ENFORCEMENT
8.1
Administrative Remedies
24
8.2
Civil Penalties
25
8.3
Other Available Remedies
26
8.4
Remedies Nonexclusive
26
SECTION 9 -
ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
26
SECTION 10 -
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
10.1
Upset
26
10.2
Prohibited Discharge Standards Defense
27
10.3
Bypass
27
SECTION 11 - SEVERABILITY
28
SECTION 12 - CONFLICT
28
SECTION 13 - EFFECTIVE DATE
29
Filename: SU0.2001.v2
9/26/01 Page 1
SECTION 1 • GENERAL PROVISIONS
1.1 Purpose and Policy
This ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection
and treatment system for the County of Harnett, hereafter referred to as the County, and enables the County to
comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code §1251
et seq.) and the General Pretreatment Regulations (40 CFR, Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the municipal wastewater system which will
interfere with the operation of the system or contaminate the resulting sludge;
(b) To prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into any waters of the State or otherwise be
incompatible with the system;
(c) To promote reuse and recycling of industrial wastewater and sludges from the municipal
system;
(d) 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;
(e) To provide for equitable distribution of the cost of operation, maintenance and improvement of
the municipal wastewater system; and
(f) To ensure that the municipality complies with its NPDES or Non - discharge Permit conditions,
sludge use and disposal requirements and any other Federal or State laws to which the municipal
wastewater system is subject.
This ordinance 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.
This ordinance shall apply to all users of the municipal wastewater system, as authorized by N.C.G.S. 160A -312
and/or 153A -2751. The County shall designate an administrator of the POTW and pretreatment program hereafter
refered to as the POTW Director. Except as otherwise provided herein, the POTW Director shall administer,
implement, and enforce the provisions of this ordinance. Any powers granted to or imposed upon the POTW
Director may be delegated by the POTW Director to other County personnel. By discharging wastewater into the
municipal wastewater system, industrial users located outside the County limits agree to comply with the terms
and conditions established in this Ordinance, as well as any permits, enforcement actions, or orders issued
hereunder.
1.2 Definitions And Abbreviations
(a) Unless the context specifically indicates otherwise, the following terms and phrases, as used in
this ordinance, shall have the meanings hereinafter designated:
(1) 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.
(2) Approval Authority. The Director of the Division Of Water Quality of the North Carolina
Department of Environment and Natural Resources or his designee.
(3) Authorized Representative of the Industrial User.
(i) If the industrial user is a corporation, authorized representative shall mean:
A) 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
Filename: SU0.2001.v2
9126/01 Page 2
B) the manager of one or more manufacturing, production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales
or expenditures exceeding twenty -five (25) million dollars (in second - quarter 1980
dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(ii) If the industrial user is a partnership or sole proprietorship, an authorized representative
shall mean a general partner or the proprietor, respectively.
(iii) 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.
(iv) The individuals described in paragraphs i -iii 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 County.
(4) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 20a
centigrade, usually expressed as a concentration (e.g. mg /1).
(5) Building Sewer. A sewer conveying wastewater from the premises of a user to the POTW.
(6) Bypass. The intentional diversion of wastestreams from any portion of a user's treatment
facility.
(7) Categorical Standards. National Categorical Pretreatment Standards or Pretreatment
Standard.
(8) 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.
(9) 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.
(10) 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.
(11) 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).
(12) Industrial User or User. Any person which is a source of indirect discharge.
(13) Interference. The inhibition, or disruption of the POTW treatment processes, operations, or
its sludge process, use, or disposal, which causes or contributes to a violation of any
requirement of the POTW's NPDES or Non - discharge Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations,
or permits. The term includes prevention of sewage sludge use or disposal by the POTW in
accordance with 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. 46901,
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.
(14) 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.
Filename: SUO.2001.v2
9/26/01 Page 3
(15) 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.
(16) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in section
[2.11 of this ordinance and are developed under the authority of 307(b) of the Act and 40
CFR, section 403.5.
(17) New Source.
(i) 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:
(A) the building, structure, facility, or installation is constructed at a site at which no
other source is located; or
(B) the building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source;
or
(C) 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.
(ii) 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 section [(i)(B)] or [(C)] above but
otherwise alters, replaces, or adds to existing process or production equipment.
(iii) For purposes of this definition, construction of a new source has commenced if the
owner or operator has:
(A) Begun, or caused to begin, as part of a continuous on -site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. 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
(B) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility , engineering, and design studies do
not constitute a contractual obligation under this definition.
(18) Noncontact Cooling Water. Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished product.
(19) 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 N.C.G.S. 143 -215.1 by
the State under delegation from EPA.
(20) Non - discharge Permit. A disposal system permit issued by the State pursuant to N.C.G.S.
143- 215.1.
(21) 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,
Filename: SUO.2001,v2
9/26101 Page 4
including an increase in the.magnitude or duration of a violation, of the POTW's NPDES or
Non - discharge Permit, or a downstream water quality standard.
(22) Person. Any individual, partnership, copartnership, 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.
(23) 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.
(24) Pollutant. Any "waste' as defined in N.C.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, BOD, COD,
toxicity, or odor).
(25) POTW Director. The County administrator designated with the responsibity for the
pretreatment program and enforcement of this Sewer Use Ordinance.
(26) POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
(27) 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.
(28) Pretreatment Program. The program for the control of pollutants introduced into the POTW
from non - domestic sources which was developed by the County in compliance with 40 CFR
403.8 and approved by the approval authority as authorized by N.C.G.S. 143- 215.3(a)(14) in
accordance with 40 CFR 403.11.
(29) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard.
(30) Pretreatment Standards. Prohibited discharge standards, categorical standards, and local
limits.
(31) 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 County. 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 ordinance,
"POTW" shall also include any sewers that convey wastewaters to the POTW from persons
outside the County who are, by contract or agreement with the County, or in any other way,
users of the POTW of the County.
(32) Severe Property Damage. Substantial physical damage to property, damage to the user's
treatment facilties 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.
(33) Significant Industrial User. Any industrial user of the wastewater disposal system who
(i) has an average daily process wastewater Flow of 25,000 gallons or more, or
(ii) contributes more than 5% of any design or treatment capacity (i.e., allowable pollutant
load) of the wastewater treatment plant receiving the indirect discharge, or
Filename: SUO,2001.v2
Page 5
9/26/01
(iii) is required to meet a National categorical pretreatment standard, or
(iv) is found by the County, 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.
(34) Significant Noncompliance or Reportable Noncompliance. A status of noncompliance
defined as follows:
(i) Violations of wastewater discharge limits.
A. Chronic Violations. Sixty -six percent or more of the measurements exceed (by any
magnitude) the same daily maximum limit or the same average limit in a six -month
period.
B. Technical Review Criteria (TRC) violations. Thirty -three percent or more of the
measurements are equal to or greater than the TRC times the limit (maximum or
average) in a six -month period. There are two groups of TRCs:
For the conventional pollutants: BOD, TSS, fats, oil and grease TRC = 1.4
For all other pollutants TRC = 1.2
C. Any other violation(s) of an effluent limit (average or daily maximum) that the
control authority believes has caused, alone or in combination with other
discharges, interference or pass- through; or endangered the health of the sewage
treatment plant personnel or the public.
D. Any discharge of a pollutant that has caused imminent endangerment to human
health /welfare or to the environment or has resulted in the POTW's exercise of its
emergency authority to halt or prevent such a discharge.
(ii) 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.
(iii) Failure to provide reports for compliance schedule, self- monitoring data, baseline
monitoring reports, 90 -day compliance reports, and periodic compliance reports within
30 days from the due date.
(iv) Failure to accurately report noncompliance.
(v) Any other violation or group of violations that the control authority considers to be
significant.
(35) Slug Load. Any discharge at a flow rate or concentration which could cause a violation of
the prohibited discharge standards in section [2.I1 of this ordinance.
(36) 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.
(37) Storm Water. Any flow occurring during or following any form of natural precipitation and
resulting therefrom.
(38) Wastewater Manager or Director /Wastewater Manager. The person designated by the
County to supervise the operation of the publicly owned treatment works and who is
charged with certain duties and responsibilities by this ordinance, or his duly authorized
representative.
(39) 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.
(40) Upset. An exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond the
reasonable control of the user. An upset does not include noncompliance to the extent
Filename: SU0,2001,v2
9/26/01 Page 6
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities lack of preventive maintenance, or careless or improper operation.
(41) 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.
(42) Wastewater Permit. As set forth in section [4.2] of this ordinance.
(43) Waters of the State. All streams, lakes, ponds, marshes, watercourse, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private,
which are contained within, flow through, or border upon the State or any portion thereof.
(b) This ordinance 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 ordinance, 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)
1
Liter
(7)
mg
Milligrams
(8)
mg /I
Milligrams per liter
(9)
N.C.G.S.
North Carolina General Statutes
(10)
NPDES
National Pollution Discharge Elimination System
(11)
O&M
Operation and Maintenance
(12)
POTW
Publicly -Owned Treatment Works
(13)
RCRA
Resource Conservation and Recovery Act
(14)
SIC
Standard Industrial Classification
(15)
SWDA
Solid Waste Disposal Act
(16)
TSS
Total Suspended Solids
(17)
TKN
Total Kjeldahl Nitrogen
(18)
U.S.0
United States Code.
Filename: SU0.2001.v2
9/26/01 Page 7
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
(a) General Prohibitions. No user shall contribute or cause to be contributed into the POTW,
directly or indirectly, any pollutant or wastewater which causes interference or pass through.
These general prohibitions apply to all users of a POTW whether or not the user is a significant
industrial user or subject to any National, State, or local pretreatment standards or requirements.
(b) Specific Prohibitions. No user shall contribute or cause to be contributed into the POTW the
following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited
to, wastestreams with a closed cup flashpoint of less than 1409F (60 °C) using the test
methods specified in 40 CFR 261.21.
(2) Solid or viscous substances in amounts which will cause obstruction of the flow in the
POTW resulting in interference but in no case solids greater than one half inch (1/2 ") in any
dimension.
(3) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause interference or pass through.
(4) Any wastewater having a pH less than 5.0 or more than 10.5 or wastewater having any other
corrosive property capable of causing damage to the POTW or equipment.
(5) Any wastewater containing pollutants, including oxygen- demanding pollutants, (BOD, etc)
in sufficient quantity, (flow or concentration) either singly or by interaction with other
pollutants, to cause interference with the POTW.
(6) Any wastewater having a temperature greater than 150° F (66° C), or which will inhibit
biological activity in the POTW treatment plant resulting in Interference, but in no case
wastewater which causes the temperature at the introduction into the treatment plant to
exceed 104° F (401 C).
(7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW
Director in accordance with section [2.9] of this ordinance.
(9) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly
or by interaction with other wastes, are sufficient to create a public nuisance or hazard to
life or are sufficient to prevent entry into the sewers for maintenance and repair.
(10) Any substance which may cause the POTW's effluent or any other product of the POTW
such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere
with the reclamation process. In no case, shall a substance discharged to the POTW cause
the POTW to be in noncompliance with sludge use or disposal regulations or permits issued
under section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or State criteria applicable to the sludge management method being
used.
(11) Any wastewater which imparts color which cannot be removed by the treatment process,
including, but not limited to, dye wastes and vegetable tanning solutions, which
consequently imparts sufficient color to the treatment plant's effluent to render the waters
injurious to public health or secondary recreation or to aquatic life and wildlife or to
adversely affect the palatibility of fish or aesthetic quality or impair the receiving waters for
any designated uses.
(12) Any wastewater containing any radioactive wastes or isotopes except as specifically
approved by the POTW Director in compliance with applicable State or Federal regulations.
Filename: SUO,2001,v2
9/26/01 Page 8
(13) Storrs water, surface water, ground water, artisian well water, roof runoff, subsurface
drainage, swimming pool drainage, condensate, deionized water, non - contact cooling water
and unpolluted industrial wastewater, unless specifically authorized by the POTW Director.
(14) Fats, oils, or greases of animal or vegetable origin in concentrations as to cause an
interference in the collection system.
(15) Any sludges, screenings or other residues from the pretreatment of industrial wastes.
(16) Any medical wastes, except as specifically authorized by the POTW Director in a
wastewater discharge permit.
(17) Any material containing ammonia, ammonia salts, or other chelating agents which will
produce metallic complexes that interfere with the municipal wastewater system.
(18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if
not disposed of in a sewer except as may be specifically authorized by the POTW Director.
(19) Any wastewater causing the treatment plant effluent to violate State Water Quality
Standards for toxic substances as described in 15A NCAC 2B .0200.
(20) Wastewater causing, alone or in conjunction with other sources, the treatment plant's
effluent to fail a toxicity test.
(21) Recognizable portions of the human or animal anatomy.
(22) Any wastes containing detergents, surface active agents, or other substances which may
cause excessive foaming in the municipal wastewater system.
(23) At no time, shall two successive readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system) be more than five percent (5%) nor
any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.
Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the municipal wastewater system. All floor
drains located in process or materials storage areas must discharge to the industrial user's pretreatment
facility before connecting with the system.
When the POTW Director determines that a user(s) is contributing to the POTW, any of the above
enumerated substances in such amounts which may cause or contribute to interference of POTW
operation or pass through, the POTW Director shall:
1) advise the user(s) of the potential impact of the contribution on the POTW in accordance
with section [8.1]; and
2) take appropriate actions in accordance with section [4] for such user to protect the POTW
from interference or pass through.
2.2 National Categorical Pretreatment Standards
Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in
40 CFR Chapter 1, Subchapter N. Parts 405 -471 and incorporated herein.
(a) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the [POTW Director] may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard, the POTW Director shall impose an alternate limit using the
combined wastestream formula in 40 CFR 403.6(e).
(c) A user may obtain a variance from a categorical pretreatment standard if the user can prove,
pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to
its discharge are fundamentally different from the factors considered by EPA when developing
the categorical pretreatment standard.
(d) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR
403.15,
Filename: SU0.2001,v2
9/26101 Page 9
2.3 Local Limits
An industrial waste survey is required prior to a User discharging wastewater containing in excess of the following
average discharge limits:
BOD 250 mg/I
TSS 250 mg /I
NH3 25 mg /I
Arsenic 0.003 mg /l
Cadmium 0.003 mg /I
Copper 0.061 mg /I
Cyanide 0.015 mg/I
Lead 0.049 mg/I
Mercury 0.0003 mg /I
Nickel 0.021 mg /I
Silver 0.005 mg /I
Chromium 0.05 mg /I (total chromium)
Zinc 0.175 mg/I
Industrial Waste Survey information will be used to develop user - specific local limits when necessary to ensure
that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern.
User - specific local limits for appropriate pollutants of concern shall be included in wastewater permits The
POTW Director may impose mass based limits in addition to, or in place of concentration based limits.
2.4 State Requirements
State requirements and limitations on discharges shall apply in any case where they are more stringent
than Federal requirements and limitations or those in this ordinance.
2.5 Right of Revision
The County reserves the right to establish limitations and requirements which are more stringent than
those required by either State or Federal regulation if deemed necessary to comply with the objectives
presented in section [1.11 of this ordinance or the general and specific prohibitions in section 12.11 of this
ordinance, as is allowed by 40 CFR 403.4.
2.6 Dilution
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance with the limitations contained
in the National categorical pretreatment standards, unless expressly authorized by an applicable
pretreatment standard, or in any other pollutant- specific limitation developed by the County or State.
2.7 Pretreatment of Wastewater
(a) Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and
wastewater permits issued under section [4.2] of this ordinance and shall achieve compliance
with all National categorical pretreatment standards, local limits, and the prohibitions set out in
section [2.1] of this ordinance within the time limitations as specified by EPA, the State, or the
POTW Director, whichever is more stringent. Any facilities necessary for compliance shall be
provided, operated, and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the County for review, and
shall be approved by the POTW Director before construction of the facility. The review of such
plans and operating procedures shall in no way relieve the user from the responsibility of
modifying the facility as necessary to produce an effluent acceptable to the County under the
provisions of this ordinance. Any subsequent changes in the pretreatment facilities or method of
Filename: SUO,2001.v2
9126/01 Page 10
operation shall be reported to and be approved by the POTW Director prior to the user's
initiation of the changes.
(b) Additional Pretreatment Measures
1. Whenever deemed necessary, the POTW Director may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged only
into specific sewers, relocate and/or consolidate points of discharge, separate sewage
wastestreams from industrial wastestreams, and such other conditions as may be necessary
to protect the POTW and determine the user's compliance with the requirements of this
ordinance.
2. The POTW Director may require any person discharging into the POTW to install and
maintain, on their property and at their expense, a suitable storage and flow - control facility
to ensure equalization of flow. A wastewater discharge permit may be issued solely for
flow equalization.
3. Grease, oil, and sand interceptors shall be provided when, in the opinion of the POTW
Director, they are necessary for the proper handling of wastewater containing excessive
amounts of grease and oil, or sand; except that such interceptors shall not be required for
residential users. All interception units shall be of type and capacity approved by the
POTW Director and shall be so located to be easily accessible for cleaning and inspection.
Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user
at their expense.
4. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
2.8 Accidental Discharge /Slug Control Plans
At least once every two (2) years, the POTW Director shall evaluate whether each significant industrial user needs
an accidental discharge/ slug control plan. The POTW Director may require any user to develop, submit for
approval, and implement such a plan. Alternatively, the POTW Director may develop such a plan for any user.
An accidental discharge /slug control plan shall address, at a minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW Director of any accidental or slug discharge, as
required by section [5.61 of this ordinance; and
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and /or measures and equipment for emergency response.
2.9 Hauled Wastewater
(a) Septic tank waste may be introduced into the POTW only at locations designated by the POTW
Director, and at such times as are established by the POTW Director. Such waste shall not
violate section [2] of this ordinance or any other requirements established by the County. The
POTW Director may require septic tank waste haulers to obtain wastewater discharge permits.
(b) The POTW Director shall require haulers of industrial waste to obtain wastewater discharge
permits. The POTW Director may require generators of hauled industrial waste to obtain
wastewater discharge permits. The POTW Director also may prohibit the disposal of hauled
industrial waste. The discharge of hauled industrial waste is subject to all other requirements of
this ordinance.
(c) Industrial waste haulers may discharge loads only at locations designated by the POTW
Director. No load may be discharged without prior consent of the POTW Director. The POTW
Director may collect samples of each hauled load to ensure compliance with applicable
standards. The POTW Director may require the industrial waste hauler to provide a waste
analysis of any load prior to discharge.
Filename: SUO,2001.v2
9/26/01 Page I1
(d) Industrial waste haulers must provide a waste - tracking form for every load. This form shall
include, at a minimum, the name and address of the industrial waste hauler, permit number,
truck identification, names and addresses of sources of waste, and volume and characteristics of
waste. The form shall identify the type of industry, known or suspected waste constituents, and
whether any wastes are RCRA hazardous wastes.
SECTION 3•FEES
3.1 Purpose
It is the purpose of this chapter to provide for the recovery of costs from users of the wastewater disposal system
of the County for the implementation of the program established herein. The applicable charges or fees shall be
set forth in a schedule of sewer use charges and fees by the POTW Director and approved by the Harnett County
Board of Commissioners. A copy of these charges and fees will be made available from the POTW Director.
3.2 User Charges
A user charge shall be levied on all users including, but not limited to, persons, firms, corporations or
governmental entities that discharge, cause or permit the discharge of sewage into the POTW.
(a) The user charge shall reflect, at least, the cost of debt service, operation and maintenance
(including replacement) of the POTW.
(b) Each user shall pay its proportionate cost based on volume of flow.
(c) The Director of Harnett County Public Utilities shall review annually the sewage contributions
of users, the total costs of debt service, operation and maintenance of the POTW and will make
recommendations to the Harnett County Board Of Commissioners for adjustments in the
schedule of charges and fees as necessary.
(d) Charges for flow to the POTW not directly attributable to the users shall be distributed among
all users of the POTW based upon the volume of flow of the users.
3.3 Surcharges: The amount of the surcharges will be based upon the volumeof flow and the character and
concentration of the constituents of the wastewater:
(a) The volume of flow used in determining the total discharge of wastewater for payment of user
charges and surcharges shall be based on the following:
(1) Metered water consumption as shown in the records of meter readings maintained by the
County orTown; or
(2) If required by the County or at the individual dischargers option, other flow monitoring
devices which measure the actual volume of wastewater discharged to the sewer. Such
devices shall be accessible and safely located, and the measuring system shall be installed in
accordance with plans approved by the County. The metering system shall be installed and
maintained at the users expense according to arrangements that may be made with the
County.
(3) Where any user procures all or part of his water supply from sources other than the County,
the user shall install and maintain at his own expense a flow measuring device of a type
approved by the County.
(b) The character and concentration of the constituents of the wastewater used in determining
surcharges shall be determined by samples collected and analyzed by the County. Samples shall
be collected in such a manner as to be representative of the actual discharge and shall be
analyzed using procedures set forth in 40 CFR Part 136.
(c) The determination of the character and concentration of the constituents of the wastewater
discharge by the POTW Director or his duly appointed representatives shall be binding as a basis
for charges.
Filename: SU0,20014
9/26/01 Page 12
3.4 Pretreatment Program Administration Charges
The schedule of charges and fees adopted by the County may include charges and fees for:
(a) reimbursement of costs of setting up and operating the Pretreatment Program;
(b) monitoring, inspections and surveillance procedures;
(c) reviewing slug control plans, including accidental and/or slug load discharge procedures and
construction plans and specifications;
(d) permitting;
(e) other fees as the County may deem necessary to carry out the requirements of the Pretreatment
Program.
SECTION 4
WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers
It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of
the County. When requested by the POTW Director, a user must submit information on the nature and
characteristics of its wastewater within thirty (30) days of the request. The POTW Director is authorized to
prepare a form for this purpose and may periodically require users to update this information.
4.2 Wastewater Permits
All significant industrial users shall obtain a significant industrial user permit prior to the commencement of
discharge to the POTW. Existing industrial users who are determined by the POTW Director to be significant
industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the
POTW Director's determination. Industrial users who do not fit the significant industrial user criteria may at the
discretion of the POTW Director be required to obtain a wastewater discharge permit for non - significant
industrial users.
(a) Significant Industrial User Determination
All persons proposing to discharge non - domestic wastewater, or proposing to change the volume
or characteristics of an existing discharge of non - domestic wastewater shall request from the
POTW Director a significant industrial user determination. If the POTW Director determines or
suspects that the proposed discharge fits the significant industrial user criteria he will require
that a significant industrial user permit application be filed.
(b) Significant Industrial User Permit Application
Users required to obtain a significant industrial user permit shall complete and file with the
County, an application in the form prescribed by the POTW Director, and accompanied by an
application fee in the amount prescribed in the schedule of charges and fees. Significant
industrial users shall apply for a significant industrial user permit within 90 days after
notification of the POTW Director's determination in [4.2(a)] above. In support of the
application, the user shall submit, in units and terms appropriate for evaluation, the following
information:
(1) Name, address, and location, (if different from the address);
(2) Standard Industrial Classification (SIC) codes for pretreatment, the industry as a whole, and
any processes for which categorical pretreatment standards have been promulgated;
(3) Analytical data on wastewater constituents and characteristics including but not limited to
those mentioned in section [2] of this ordinance, any of the priority pollutants (section
307(a) of the Act) which the applicant knows or suspects are present in the discharge as
determined by a reliable analytical laboratory, and any other pollutant of concern to the
POTW; sampling and analysis shall be performed in accordance with procedures established
Filename: SUO,2001,v2
9/26101 Page 13
by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as
amended;
(4) Time and duration of the indirect discharge;
(5) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and
seasonal variations if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor
drains, sewer connections, direction of flow and appurtenances by the size, location and
elevation;
(7) Description of activities, facilities and plant processes on the premises including all
materials which are or could be accidentally or intentionally discharged;
(8) Where known, the nature and concentration of any pollutants in the discharge which are
limited by any County, State, or Federal Pretreatment Standards, and a statement regarding
whether or not the pretreatment standards are being met on a consistent basis and if not,
whether additional operation and maintenance (O &M) and /or additional pretreatment is
required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or O &M will be required to meet the pretreatment standards;
the shortest schedule by which the user will provide such additional pretreatment. The
completion date in this schedule shall not be longer than the compliance date established for
the applicable pretreatment standard. The following conditions apply to this schedule:
(i) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the user to meet the applicable
pretreatment standards. No increment in the schedule shall exceed nine (9) months.
(ii) No later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the POTW Director including, at
a minimum, whether or not it complied with the increment of progress, the reason for
any delay, and if appropriate, the steps being taken by the user to return to the
established schedule. In no event shall more than nine (9) months elapse between such
progress reports to the POTW Director.
(10) Each product produced by type, amount, process or processes and Tate of production;
01) Type and amount of raw materials processed (average and maximum per day);
(12) Number and type of employees, and hours of operation of plant and proposed or actual
hours of operation of pretreatment system;
(13) If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR
403.12(b) and 15A NCAC 21-1.0908(a), as outlined in section [5.1] of this ordinance.
(14) Any other information as may be deemed by the POTW Director to be necessary to evaluate
the permit application.
(c) Application Signatories and Certification
All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification statement:
" I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(d) Application Review And Evaluation
Filename: SUO.2001.v2
9/26/01 Page 14
The POTW Director will .evaluate the data furnished by the user and may require additional
information.
(1) The POTW Director is authorized to accept applications for the County and shall refer all
applications to the POTW staff for review and evaluation.
(2) Within 30 days of receipt the POTW Director shall acknowledge and accept the complete
application; or if not complete, shall return the application to the applicant with a statement
of what additional information is required.
(e) Tentative Determination and Draft Permit
(1) The POTW staff shall conduct a review of the application and an on -site inspection of the
significant industrial user, including any pretreatment facilities, and shall prepare a written
evaluation and tentative determination to issue or deny the significant industrial user permit.
(2) If the staff's tentative determination in Paragraph (1) above is to issue the permit, the
following additional determinations shall be made in writing:
(i) proposed discharge limitations for those pollutants proposed to be limited;
(ii) a proposed schedule of compliance, including interim dates and requirements, for
meeting the proposed limitations; and
(iii) a brief description of any other proposed special conditions which will have significant
impact upon the discharge described in the application.
(3) The staff shall organize the determinations made pursuant to Paragraphs (1) and (2) above
and the general permit conditions of the County into a significant industrial user permit.
(fl Permit Synopsis
A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff
for submission to the applicant and the approval authority and shall be made available to the
public upon request. The contents of such fact sheets shall include at least the following
information:
(1) a sketch and detailed description of the industrial facilities and pretreatment facilities
including the location of all points of discharge to the POTW and all established compliance
monitoring points.
(2) a quantitative description of the discharge described in the application which includes at
least the following:
(i) the rate or frequency of the proposed discharge; if the discharge is continuous, the
average daily flow;
(ii) the actual average daily discharge in pounds per day of any limited pollutant and any
pollutant identified in the application as known or suspected present; and,
(iii) the basis for the pretreatment limitations including the documentation of any
calculations in applying categorical pretreatment standards.
(g) Final Action On Significant Industrial User Permit Applications
(1) The POTW Director shall take final action on all applications not later than 90 days
following receipt of a complete application.
(2) The POTW Director is authorized to:
M issue a significant industrial user permit containing such conditions as are necessary to
effectuate the purposes of this ordinance and N.C.G.S. 143- 215.1;
(ii) issue a significant industrial user permit containing time schedules for achieving
compliance with applicable pretreatment standards and requirements;
(iii) modify any permit upon not less than 60 days notice and pursuant to section 14.2(1)) of
this ordinance;
(iv) revoke any permit pursuant to section [8.11 of this ordinance;
(v) suspend a permit pursuant to section [8.11 of this Ordinance;
Filename: SUO.2001.v2
9126101 Page 15
NO deny a permit application when in the opinion of the POTW Director such discharge
may cause or contribute to pass- through or interference of the wastewater treatment
plant or where necessary to effectuate the purposes of G.S. 143- 215.1.
(h) Hearings: The local government may conduct hearings in accordance with its regular hearing
procedure.
(1) Initial Adjudicatory Hearing. An applicant whose permit is denied, or is granted subject to
conditions he deems unacceptable, a permittee /user assessed a civil penalty under section
18.21, or one issued an administrative order under section 18.1] shall have the right to an
adjudicatory hearing before a hearing officer designated by the POTW Director upon
making written demand, identifying the specific issues to be contested , to the POTW
Director within 30 days following receipt of the significant industrial user permit, civil
penalty assessment, or administrative order. Unless such written demand is made within the
time specified herein, the action shall be final and binding. The hearing officer shall make
a final decision on the contested permit, penalty, or order within 1451 days of the receipt of
the written demand for a hearing. The POTW Director shall transmit a copy of the hearing
officer's decision by registered or certified mail.
(i) New Permits. Upon appeal, including judicial review in the General Courts of Justice,
of the terms or conditions of a newly issued permit, the terms and conditions of the
entire permit are stayed and the permit is not in effect until either the conclusion of
judicial review or until the parties reach a mutual resolution.
00 Renewed Permits. Upon appeal, including judicial review in the General Courts of
Justice, of the terms or conditions of a renewed permit, the terms and conditions of the
existing permt remain in effect until either the conclusion of judicial review or until the
parties reach a mutual resolution.
(2) Final Appeal Hearing. Any decision of a hearing officer made as a result of an adjudicatory
hearing held under section [4.2(h)(1)] above may be appealed, to the Harnett County Board
Of Commissioners upon filing a written demand within 10 days of receipt of notice of the
decision. Hearings held under this Subdivision shall be conducted in accordance with Local
hearing procedures. (Sewer Use Ordinance not assigned a Number) Failure to make written
demand within the time specified herein shall bar further appeal. The Harnett County Board
of Commissioners shall make a final decision on the appeal within 90 days of the date the
appeal was filed and shall transmit a written copy of its decision by registered or certified
mail.
(3) Official record. When a final decision is issued under section [4.2(h)(2)] above, the Harnett
County Board of Commissioners shall prepare an official record of the case that includes:
(i) All notices, motions, and other like pleadings;
(ii) A copy of all documentary evidence introduced;
(iii) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is
taken and not transcribed, then a narrative summary of any testimony taken.
(iv) A copy of the final decision of the Harnett County Board of Commissioners.
(4) Judicial Review. Any person against whom a final order or decision of the Harnett County
Board of Commissioners is entered, pursuant to the hearing conducted under section
14.2(h)(2)] above, may seek judicial review of the order or decision by filing a written
petition within 30 days after receipt of notice by registered or certified mail of the order or
decision, but not thereafter, with the Superior Court of Harnett County along with a copy to
the County. Within 30 days after receipt of the copy of the petition of judicial review, the
Harnett County Board of Commissioners shall transmit to the reviewing court the original or
a certified copy of the official record.
Filename: SUO.2001,v2
9125/01 Page 16
W Permit Modification
(1) Modifications of permits shall be subject to the same procedural requirements as the
issuance of permits except as follows. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(i) changes in the ownership of the discharge when no other change in the permit is
indicated,
00 a single modification of any compliance schedule not in excess of four months,
(iii) modification of compliance schedules (construction schedules) in permits for new
sources where the new source will not begin to discharge until control facilities are
operational.
(2) Within 9 months of the promulgation of a National categorical pretreatment standard, the
wastewater discharge permit of users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribed by such standard. Where a
user, subject to a National categorical pretreatment standard, has not previously submitted
an application for a wastewater discharge permit as required by section [4.2(b)], the user
shall apply for a wastewater discharge permit within 180 days after the promulgation of the
applicable National categorical pretreatment standard.
(3) A request for a modification by the permittee shall constitute a waiver of the 60 day notice
required by G.S. 143- 215.1(b) for modifications.
0) Permit Conditions
(1) The POTW Director shall have the authority to grant a permit with such conditions attached
as he believes necessary to achieve the purpose of this ordinance and N.C.G.S. 143 - 215.1.
Wastewater permits shall contain, but are not limited to, the following:
(i) a statement of duration ( in no case more than five years);
(ii) a statement of non - transferability;
(iii) applicable effluent limits based on categorical standards or local limits or both;
(iv) applicable monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of pollutants to be
monitored, sampling location, sampling frequency, and sample type based on Federal,
State and local law;
(v) notification requirements for slug loads; and,
(vi) a statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements and any applicable compliance schedule.
(2) In addition, permits may contain, but are not limited to, the following:
(i) Limits on the average and /or maximum rate of discharge, and /or requirements for flow
regulation and equalization.
(ii) Limits on the instantaneous, daily and monthly average and/or maximum concentration,
mass, or other measure of identified wastewater pollutants or properties.
(iii) Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, etc., designed to reduce, eliminate, or prevent the
introduction of pollutants into the treatment works.
(iv) Development and implementation of spill control plans or other special conditions
including management practices necessary to adequately prevent accidental,
unanticipated, or non - routine discharges.
(v) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the municipal wastewater system.
NO The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the system.
(vii) Requirements for installation and maintenance of inspection and sampling facilities and
equipment.
Filename: SUO,2001,v2
9/26101 Page 17
(viii) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for tests, and reporting schedules.
(ix) Requirements for immediate reporting of any instance of noncompliance and for
automatic resampling and reporting within thirty (30) days where self- monitoring
indicates a violation(s).
(x) Compliance schedules for meeting pretreatment standards and requirements.
(xi) Requirements for submission of periodic self- monitoring or special notification reports.
(xii) Requirements for maintaining and retaining plans and records relating to wastewater
discharges as specified in section [5.13] and affording the POTW Director, or his
representatives, access thereto.
(xiii) Requirements for prior notification and approval by the POTW Director of any new
introduction of wastewater pollutants or of any significant change in the volume or
character of the wastewater prior to introduction in the system.
(xiv) Requirements for the prior notification and approval by the POTW Director of any
change in the manufacturing and /or pretreatment process used by the permittee.
(xv) Requirements for immediate notification of excessive, accidental, or slug discharges, or
any discharge which could cause any problems to the system.
(xvi) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable Federal and State pretreatment
standards, including those which become effective during the terms of the permit.
(xvii) Other conditions as deemed appropriate by the POTW Director to ensure compliance
with this ordinance, and State and Federal laws, rules, and regulations.
(k) Permit Duration
Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may
be issued for a period less than a year or may be stated to expire on a specific date.
(1) Permit Transfer
Wastewater permits are issued to a specific user for a specific operation. A wastewater
discharge permit shall not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation.
(m) Permit Reissuance
A significant industrial user shall apply for permit reissuance by submitting a complete permit
application in accordance with section [4.2] a minimum of 180 days prior to the expiration of the
existing permit.
SECTION 5 - REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports
(a) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment
standard, or the final administrative decision on a category determination under 40 CFR
403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled
to discharge to the POTW shall submit to the POTW Director a report which contains the
information listed in paragraph [(b)], below. At least ninety (90) days prior to commencement
of their discharge, new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to the POTW Director a report
which contains the information listed in paragraph [(b)], below. A new source shall report the
method of pretreatment it intends to use to meet applicable categorical standards. A new source
also shall give estimates of its anticipated Flow and quantity of pollutants to be discharged.
(b) Users described above shall submit the information set forth below.
(1) Identifying Information. The name and address of the facility, including the name of the
operator and owner.
(2) Environmental Permits. A list of any environmental control permits held by or for the
facility.-
Filename: SUO,2001.Q
9/26/01 Pege l8
(3) Description of Operations. A brief description of the nature, average rate of production, and
standard industrial classifications of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(4) Flow Measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams, as
necessary, to allow use of the combined wastestream formula set out in 40 CFR 403,6(e).
(5) Measurement of Pollutants.
(i) The categorical pretreatment standards applicable to each regulated process.
(ii) The results of sampling and analysis identifying the nature and concentration, and /or
mass, where required by the standard or by the POTW Director/ Manager, of regulated
pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long -term average concentrations, or mass, where required, shall be
reported. The sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in section [5.10] of this ordinance.
(iii) Sampling must be performed in accordance with procedures set out in section [5.11] of
this ordinance.
(6) Certification. A statement, reviewed by the user's authorized representative and certified by
a qualified professional, indicating whether pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (O &M) and/or
additional pretreatment is required to meet the pretreatment standards and requirements.
(7) Compliance Schedule. If additional pretreatment and/or O &M will be required to meet the
pretreatment standards, the shortest schedule by which the user will provide such additional
pretreatment and/or O &M. The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in section [5.2] of this
ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified in
accordance with section [4.2(c)] of this ordinance.
5.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by section [5.1(b)(7)] of this ordinance:
(a) The schedule shall contain progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards (such events include, but are
not limited to , hiring an engineer, completing preliminary and final plans, executing contracts
for major components, commencing and completing construction, and beginning and conducting
routine operation);
(b) No increment referred to above shall exceed nine (9) months;
(c) The user shall submit a progress report to the POTW Director no later than fourteen (14) days
following each date in the schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established schedule; and
(d) In no event shall more than nine (9) months elapse between such progress reports to the [POTW
Director].
5.3 Reports on Compliance with Categorical Pretreatment Standard, Deadline
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment
standards, or in the case of a new source following commencement of the introduction of wastewater into
the POTW, any user subject to such pretreatment standards and requirements shall submit to the POTW
Director a report containing the information described in section [5.1(b)(4.6)] of this ordinance. For
Filename: SUO.2001,v2
9126101 Page 19
users subject to equivalent mass or concentration limits established in accordance with the procedures in
40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long -term production rate.
For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation), this report shall include the user's actual
production during the appropriate sampling period. All compliance reports must be signed and certified
in accordance with section [4.2(c)] of this ordinance.
5.4 Periodic Compliance Reports
Hamett County may sample and analyze user discharges in lieu of requiring the users to conduct
sampling and analysis.
(a) All significant industrial users shall, at a frequency determined by the POTW Director but in no
case less than twice per year (in June and December), submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by pretreatment standards and the
measured or estimated average and maximum daily flows for the reporting period. All periodic
compliance reports must be signed and certified in accordance with section [4.2(c)] of this
ordinance.
(b) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its monitoring
facility in good working order shall not be grounds for the user to claim that sample results
are unrepresentative of its discharge.
(c) If a user subject to the reporting requirement in this section monitors any pollutant more
frequently than required by the POTW Director, using the procedures prescribed in section
[5.10] of this ordinance, the results of this monitoring shall be included in the report.
5.5 Reports of Changed Conditions
Each user must notify the POTW Director of any planned significant changes to the user's operations or
system which might alter the nature, quality, or volume of its wastewater at least [thirty (30)] days before
the change.
(a) The POTW Director may require the user to submit such information as may be deemed
necessary to evaluate the changed condition, including the submission of a wastewater discharge
permit application under section [4.2] of this ordinance.
(b) The POTW Director may issue a wastewater discharge permit under section [4.2] of this
ordinance or modify an existing wastewater discharge permit under section [4.2] of this
ordinance in response to changed conditions or anticipated changed conditions.
(c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of
twenty percent (20 %) or greater, and the discharge of any previously unreported pollutants.
5.6 Reports of Potential Problems
(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a
nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause
potential problems for the POTW, the user shall immediately telephone and notify the POTW
Director/ Superintendent of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and corrective actions taken by
the user.
(b) Within five (5) days following such discharge, the user shall, unless waived by the POTW
Director, submit a detailed written report describing the cause(s) of the discharge and the
measures to be taken by the user to prevent similar future occurrences. Such notification shall
Filename: SUO,2001,v2
9126/01 Page 20
not relieve the user of any expense, loss, damage, or other liability which may be incurred as a
result of damage to the POTW, natural resources, or any other damage to person or property; nor
shall such notification relieve the user of any fines, penalties, or other liability which may be
imposed pursuant to this ordinance.
(c) A notice shall be permanently posted on the user's bulletin board or other prominent place
advising employees whom to call in the event of a discharge described in paragraph (a), above.
Employers shall ensure that all employees, who may cause such a discharge to occur, are
advised of the emergency notification procedure.
5.7 Reports from Unpermitted Users
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the
POTW Director as the POTW Director may require.
5.8 Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the POTW Director within
twenty -four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the POTW Director within thirty (30) days after
becoming aware of the violation. The user is not required to resample if the POTW Director monitors at
the user's facility at least once a month, or if the POTW Director samples between the user's initial
sampling and when the user receives the results of this sampling.
5.9 Notification of the Discharge of Hazardous Waste
The County prohibits the discharge of any hazardous wastes without notification and approval of the POTW
Director.
(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in
writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would
be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the
hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type
of discharge (continuous, batch, or other). If the user discharges more than one hundred (100)
kilograms of such waste per calendar month to the POTW, the notification also shall contain the
following information to the extent such information is known and readily available to the user:
an identification of the hazardous constituents contained in the wastes, an estimation of the mass
and concentration of such constituents in the wastestream discharge during the calendar month,
and an estimation of the mass of constituents in the wastestream expected to be discharged
during the following twelve (12) months. All notifications must take place no later than one
hundred and eighty (180) days after the discharge commences. Any notification under this
paragraph need be submitted only once for each hazardous waste discharge. However,
notifications of changed conditions must be submitted under section [5.51of this ordinance. The
notification requirement in this section does not apply to pollutants already reported by users
subject to categorical pretreatment standards under the self - monitoring requirements of sections
[5.1, 5.3, and 5.41 of this ordinance.
(b) Dischargers are exempt from the requirements of paragraph [(a)], above, during a calendar
month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless
the wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge
of more than fifteen 05) kilograms of nonacute hazardous wastes in a calendar month, or of any
quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a
one -time notification. Subsequent months during which the user discharges more than such
quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulation under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
user must notify the POTW Director, the EPA Regional Waste Management Waste Division
Filename: SU0.2001,v2
9/26/01 Page 21
Director, and State hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
(d) In the case of any notification made under this section, the user shall certify that it has a program
in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
5.10 Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge
permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR
Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part
136 does not contain sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by EPA.
5.11 Sample Collection
(a) Except as indicated in section Rb)j, below, the user must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is
infeasible, the POTW Director may authorize the use of time proportional sampling or a
minimum of four (4) grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged. In addition, grab samples may be
required to show compliance with instantaneous discharge limits.
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds must be obtained using grab collection techniques.
5.12 Timing
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not
mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of
receipt of the report shall govern.
5.13 Record Keeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities required
by this ordinance and any additional records of information obtained pursuant to monitoring activities
undertaken by the user independent of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analyses; the analytical techniques or methods used; and the results of
such analyses. These records shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning the user or the County, or
where the user has been specifically notified of a longer retention period by the POTW Director.
SECTION 6 - COMPLIANCE MONITORING
6.1 Monitoring Facilities
The County requires the user to provide and operate at the user's own expense, monitoring facilities to
allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the user's premises, but the County may,
when such a location would be impractical or cause undue hardship on the user, allow the facility to be
constructed in the public street or sidewalk area and located so that it will not be obstructed by
landscaping or parked vehicles.
Filename: SU0.2001A
9126/01 Page 22
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and
preparation of samples for analysis. The facility, sampling, and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring facilities shall be
provided in accordance with the requirements of the County and all applicable local construction
standards and specifications. Construction shall be completed within 90 days following written
notification by the County.
6.2 Inspection and Sampling
The County will inspect the facilities of any user to ascertain whether the purpose of this ordinance is
being met and all requirements are being complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow the County, approval authority and EPA or their
representative ready access at all reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination and copying or in the performance of any of their duties. The
County, approval authority and EPA shall have the right to set up on the user's property such devices as
are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements with their security guards so
that upon presentation of suitable identification, personnel from the County, approval authority and EPA
will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
Denial of the POTW Director's/Superintendent's, approval authority's, or EPA's access to the
user's premises shall be a violation of this ordinance. Unreasonable delays may constitute denial of
access.
6.3 Search Warrants
If the POTW Director, approval authority, or EPA has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a
violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection
and sampling program of the County designed to verify compliance with this ordinance or any permit or
order issued hereunder, or to protect the overall public health, safety and welfare of the community, then
the POTW Director, approval authority, or EPA may seek issuance of a search warrant.
SECTION 7 - CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, questionnaires, permit applications, permits and
monitoring programs and from inspections shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of
the POTW Director/ Superintendent that the release of such information would divulge information,
processes or methods of production entitled to protection as trade secrets of the user. Any such request
must be asserted at the time of submission of the information or data.
When requested by the person furnishing a report, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related to this ordinance, the National
Pollutant Discharge Elimination System (NPDES) Permit, Non - discharge permit and /or the pretreatment
programs; provided, however, that such portions of a report shall be available for use by the State or any
state agency in judicial review or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized as confidential information.
All records relating to compliance with Pretreatment Standards shall be made available to officials of the
approval authority and EPA upon request.
Filename: SUO,2001.v2
9/26/01 Page 23
SECTION 8 -ENFORCEMENT
8.1 Administrative Remedies
(a) Notification Of Violation
Whenever the POTW Director finds that any industrial user has violated or is violating this
Ordinance, wastewater permit, or any prohibition, limitation or requirements contained therein
or any other pretreatment requirement the POTW Director may serve upon such a person a
written notice stating the nature of the violation. Within 30 days from the date of this notice, an
explanation for the violation and a plan for the satisfactory correction thereof shall be submitted
to the County by the user. Submission of this plan does not relieve the discharger of liability for
any violations occurring before or after receipt of the notice of violation.
(b) Consent Orders
The POTW Director is hereby empowered to enter into consent orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with the person responsible
for the noncompliance. Such orders will include specific action to be taken by the discharger to
correct the noncompliance within a time period also specified by the order. Consent orders shall
have the same force and effect as an administrative order issued pursuant to section [8.1(d)],
below,
(c) Show Cause Hearing
The POTW Director may order any industrial user who causes or is responsible for an
unauthorized discharge, has violated this ordinance or is in noncompliance with a wastewater
discharge permit to show cause why a proposed enforcement action should not be taken. In the
event the POTW Director determines that a show cause order should be issued, a notice shall be
served on the user specifying the time and place for the hearing, the proposed enforcement
action, the reasons for such action, and a request that the user show cause why this proposed
enforcement action should not be taken. The notice of the hearing shall be served personally or
by registered or certified mail (return receipt requested) at least ten (10) days before the hearing.
Service may be made on any agent or officer of a corporation.
The POTW Director shall review the evidence presented at the hearing and determine whether
the proposed enforcement action is appropriate.
A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty
under section [8.2] nor is any action or inaction taken by the POTW Director/ Manager under
this section subject to an administrative appeal under section [4.2(h)].
(d) Administrative Orders
When the POTW Director finds that an industrial user has violated or continues to violate this
ordinance, permits or orders issued hereunder, or any other pretreatment requirement the POTW
Director may issue an order to cease and desist all such violations and direct those persons in
noncompliance to do any of the following:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3) Take appropriate remedial or preventive action in the event of a continuing or threatened
violation;
Filename: SU0.2001,v2
9/26/01 Page 24
(4) Disconnect unless adequate treatment facilities, devices or other related appurtenances are
installed and properly operated within a specified time period.
(e) Emergency Suspensions
The POTW Director may suspend the wastewater treatment service and/or wastewater permit
when such suspension is necessary in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the health or welfare of
persons or the environment, interferes with the POTW or causes the POTW to violate any
condition of its NPDES or Non - discharge permit.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater
permit shall immediately stop or eliminate the contribution. A hearing will be held within 15
days of the notice of suspension to determine whether the suspension may be lifted or the user's
waste discharge permit terminated. In the event of a failure to comply voluntarily with the
suspension order, the POTW Director shall take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The POTW Director shall reinstate the wastewater
permit and the wastewater treatment service upon proof of the elimination of the noncompliant
discharge. The industrial user shall submit a detailed written statement describing the causes of
the harmful contribution and the measures taken to prevent any future occurrence to the POTW
Director prior to the date of the above- described hearing.
(f) Termination Of Permit
Any user who violates the following conditions of this ordinance, or applicable State and Federal
regulations, is subject to having its permit terminated:
(1) Failure to accurately report the wastewater constituents and characteristics of his discharge;
(2) Failure to report significant changes in operations, or wastewater constituents and
characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or
monitoring; or,
(4) Violation of conditions of the permit.
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be
offered an opportunity to show cause under section 18.11 of this ordinance why the proposed action should not be
taken.
8.2 Civil Penalties
(a) Any user who is found to have failed to comply with any provision of this ordinance, or the
orders, rules, regulations and permits issued hereunder, may be fined up to twenty -five thousand
dollars ($25,000) per day per violation.
(i) Penalties between $10,000 and $25,000 per day per violation may be assessed against a
violator only if:
(a) for any class violation, only if a civil penalty has been imposed against the violator
within five years preceding the violation, or
(b) in the case of failure to file, submit, or make available, as the case may be, any
documents, data, or reports required by this ordinance , or the orders, rules
regulations and permits issed hereunder, only if the POTW director determines that the
violation was intentional and a civil penalty has been imposed against the violator
within the five years preceding the violation.
(b) In determining the amount of the civil penalty, the POTW Director shall consider the following:
Filename: SUO,2001,v2
9126/01 Page 25
(i) The degree and extent of the harm to the natural resources, to the public health, or to
public or private property resulting from the violation;
(ii) The duration and gravity of the violation;
(iii) The effect on ground or surface water quantity or quality or on air quality;
(iv) The cost of rectifying the damage;
(v) The amount of money saved by noncompliance;
(vi) Whether the violation was committed willfully or intentionally;
(vii) The prior record of the violator in complying or failing to comply with the pretreatment
program;
(viii) The costs of enforcement to the County.
(c) Appeals of civil penalties assessed in accordance with this section shall be as provided in section
14,2(h)].
8.3 Other Available Remedies
Remedies, in addition to those previously mentioned in this ordinance, are available to the POTW
Director who may use any single one or combination against a noncompliant user. Additional available
remedies include, but are not limited to:
(a) Criminal Violations.
The District Attorney for Harnett County may, at the request of the County, prosecute
noncompliant users who violate the provisions of N.C.G.S. 143- 215.6B. [Note: Under North
Carolina law, it is a crime to negligently violate any term, condition, or requirement of a
pretreatment permit, or negligently fail to apply for a pretreatment permit, issued by local
governments (G.S. 143- 215.6B(f)), to knowingly and willfully violate any term, condition, or
requirement of a pretreatment permit, or knowingly and willfully fail to apply for a pretreatment
permit, issued by local governments (G.S. 143- 215.6B(g)), to knowingly violate any term,
condition, or requirement of a pretreatment permit issued by local governments, or knowingly
fail to apply for a pretreatment permit, knowing at the time that a person is placed in imminent
danger of death or serious bodily injury, (G.S. 143- 215.6B(h)), and to falsify information
required under Article 21 of Chapter 143 of the General Statutes (G.S. 143- 215.6B(i)).]
(b) Injunctive Relief
Whenever a user is in violation of the provisions of this ordinance or an order or permit issued
hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of
Justice for the issuance of a restraining order or a preliminary and permanent injunction which
restrains or compels the activities in question.
(c) Water Supply Severance
Whenever an industrial user is in violation of the provisions of this ordinance or an order or
permit issued hereunder, water service to the industrial user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily demonstrated ability to comply
(d) Public Nuisances
Any violation of the prohibitions or effluent limitations of this ordinance or of a permit or order
issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as
directed by the POTW Director. Any person(s) creating a public nuisance shall be subject to the
provisions of the appropriate ordinances of the County governing such nuisances, including
reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.
8.4 Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The POTW Director may take any, all, or
any combination of these actions against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with enforcement response plan of the County. However, the POTW
Filename: SUO,2001,v2
9126/01 Page 26
Director may take other action against any user when the circumstances warrant. Further, the POTW
Director is empowered to take more than one enforcement action against any noncompliant user.
SECTION 9
ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
At least annually, the POTW Director shall publish in the largest daily newspaper circulated in the
service area, a list of those industrial users which were found to be in significant noncompliance, also
referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with applicable pretreatment
standards and requirements , during the previous 12 months.
SECTION 10 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
10.1 Upset
(a) An upset shall constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of paragraph (b), below, are met.
(b) A user who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman -like manner and in
compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the POTW Director within twenty -four
(24) hours of becoming aware of the upset [if this information is provided orally, a written
submission must be provided within five (5) days]:
(i) A description of the indirect discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and
(iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
(c) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall
have the burden of proof.
(d) Users will have the opportunity for a judicial determination on any claim of upset only in an
enforcement action brought for noncompliance with categorical pretreatment standards.
(e) Users shall control production of all discharges to the extent necessary to maintain compliance
with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility
until the facility is restored or an alternative method of treatment is provided. This requirement
applies in the situation where, among other things, the primary source of power of the treatment
facility is reduced, lost, or fails.
10.2 Prohibited Discharge Standards Defense
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance
with the general prohibitions in section [2.1 (a)] of this ordinance or the specific prohibitions in sections
[2.1(b)(2), (3), (5 - 7), and (9 - 23)] of this ordinance if it can prove that it did not know, or have reason
to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass
through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit
directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents
from the user's prior discharge when the County was regularly in compliance with its NPDES
permit, and in the case of interference, was in compliance with applicable sludge use or disposal
requirements.
Filename: SUO,2001,v2
9126101 Page 27
Pursuant to 40 CFR Section 403.5(a)(2), the affirmative defense outlined in Section 10.2 cannot apply to
the specific prohibitions in Sections 2.1(b) (1) and (4), and (8).]
10.3 Bypass
(a) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs [(b)] and [(c)] of this
section.
(b)
(c)
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
POTW Director/ Manager, at least ten (10) days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the POTW Director/ Manager of an unanticipated bypass
that exceeds applicable pretreatment standards within twenty -four (24) hours from the time
it becomes aware of the bypass. A written submission shall also be provided within five (5)
days of this time the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of the bypass, including exact
dates and times, and, if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The POTW Director may waive the written report on a case -by -case basis if the
oral report has been received within twenty -four (24) hours.
(1) Bypass is prohibited, and the POTW Director/ Superintendent may take an enforcement
action against a user for a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate back -up equipment
should have been installed in the exercise of reasonable engineering judgment to
prevent a bypass which occurred during normal periods of equipment downtime or
preventive maintenance; and
(iii) The user submitted notices as required under paragraph (b) of this section.
(2) The POTW Director may approve an anticipated bypass, after considering its adverse
effects, if the POTW Director determines that it will meet the three conditions listed in
paragraph [(c)(1)] of this section.
SECTION 11 - SEVERABILITY
If any provision, paragraph, word, section or article of this ordinance is invalidated by any court of
competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be
affected and shall continue in full force and effect.
SECTION 12 - CONFLICT
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this
ordinance are hereby repealed to the extent of such inconsistency or conflict.
Filename: SU0.2001,v2
9/26/01 Page 28
SECTION 13 - EFFECTIVE DATE
This ordinance shall be in full force and effect
PASSED this 3rd day of January, 2006.
AYES: 5
IIMW. 111
ABSENT: 0
NOT VOTING: 0
APPROVED this 3rd day of January, 2006.
4z&7t-,,�
Tjo J. Byr , dairrmn
I-Mmett County Board of Commissioners
ATTEST:
Kay Blan ard, Clerk to the Board
Filename: SUO,2001,v2
9/26/01 Page 29