HomeMy WebLinkAbout2007/08/20 Sewer Use OrdinanceCounty of Harnett
Sewer Use Ordinance
(SUO)
Harnett County
North Carolina
Revised August 20, 2007
SUO
TABLE OF CONTENTS
Page #
SECTION 1 - GENERAL PROVISIONS
1.1 Purpose and Policy
1.2 Definitions and Abbreviations
SECTION 2 - GENERAL SEWER USE REQUIREMENTS
2.1 Prohibited Discharge Standards
2.2 National Categorical Pretreatment Standards
2.3 Local Limits
2.4 State Requirements
2.5 Right of Revision
2.6 Dilution
2.7 Pretreatment of Wastewater
2.8 Accidental Discharge /Slug Control Plans
2.9 Hauled Wastewater
SECTION 3 - FEES
3.1 Purpose
3.2 User Charges
3.3 Surcharges
3.4 Pretreatment Program Administration Charges
SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE
4.1 Wastewater Dischargers
4.2 Wastewater Permits
SECTION 5 - REPORTING REQUIREMENTS
5.1 Baseline Monitoring Reports
5.2 Compliance Schedule Progress Reports
5.3 Reports on Compliance with Categorical Pretreatment Standard Deadline
5.4 Periodic Compliance Reports
5.5 Reports of Changed Conditions
5.6 Reports of Potential Problems
5.7 Reports from Unpermitted Users
5.8 Notice of Violation/Repeat Sampling and Reporting
5.9 Notification of the Discharge of Hazardous Waste
5.10 Analytical Requirements
5.11 Sample Collection
5.12 Timing
5.13 Record Keeping
SECTION 6 - COMPLIANCE MONITORING
6.1 Monitoring Facilities
6.2 Inspection and Sampling
6.3 Search Warrants
SECTION 7 - CONFIDENTIAL INFORMATION
SECTION 8 - ENFORCEMENT
8.1 Administrative Remedies
8.2 Civil Penalties
8.3 Other Available Remedies
8.4 Remedies Nonexclusive
SECTION 9 - ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE
SECTION 10 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
10.1 Upset
10.2 Prohibited Discharge Standards Defense
10.3 Bypass
SECTION 11 - SEVERABILITY
SECTION 12 - CONFLICT
SECTION 13 - EFFECTIVE DATE
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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 -275]. 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
B) the manager of one or more manufacturing, production, or operation facilities,
provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of
making major capital investment RECOMMENDATIONS, and initiate and direct
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comprehensive measures to assure long -term environmental compliance with
environmental laws and regulations; can ensure that the necessary systems are
established or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
(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.
(v) If the designation of an authorized representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying
the requirements of this section must be submitted to the Pretreatment Unit prior to or
together with any reports to be signed by an authorized representative.
(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 200
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.
(S) Director. The person designated by the [Town] 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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).
(13) Industrial User or User. Any person which is a source of indirect discharge.
(14) 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. §6901, et
seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research
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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.
(15) 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.
(16) 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 I, Subchapter N, Parts 405-471.
(17) National Prohibitive Discharge Standard or Prohibitive Discharge Standard. Absolute
prohibitions against the discharge of certain substances; these prohibitions appear in section
12.1 [ of this ordinance and are developed under the authority of 307(b) of the Act and 40
CFR, section 403.5.
(18) 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)l 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:
I. 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.
(19) 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.
(20) 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.
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(21) Non - discharge Permit. A disposal system permit issued by the State pursuant to N.C.G.S. 143-
215.1.
(22) Pass Through. A discharge which exits the POTW into waters of the State in quantities or
concentrations which, alone or with discharges from other sources, causes a violation,
including an increase in the magnitude or duration of a violation, of the POTW's NPDES or
Non - discharge Permit, or a downstream water quality standard.
(23) 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.
(24) 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.
(25) 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).
(26) POTW Director. The County administrator designated with the responsibity for the
pretreatment program and enforcement of this Sewer Use Ordinance.
(27) POTW Treatment Plant. That portion of the POTW designed to provide treatment to
wastewater.
(28) 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.
(29) 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.
(30) Pretreatment Requirements. Any substantive or procedural requirement related to
pretreatment, other than a pretreatment standard.
(31) Pretreatment Standards. Prohibited discharge standards, categorical standards, and local
limits.
(32) 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.
(33) 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.
(34) 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
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(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
(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.
(35) 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 signficant.
(36) Slug Load or Discharge. Any discharge at a flow rate or concentration which has a reasonable
potential to cause Interference or Pass - Through, or in any other way violates the POTW's
regulations, local limits, or Industrial User Permit conditions. This can include but is not
limited to spills and other accidental discharges; discharges of a non - routine, episodic nature;
a non - customary batch discharge; or any other discharges that can cause a violation of the
prohibited discharge standards in section (2.1) of this ordinance.
(37) 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.
(38) Storm Water. Any flow occurring during or following any form of natural precipitation and
resulting therefrom.
(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 caused by operational error,
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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:
(l)
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
(1 l)
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.
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 140 °F (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.
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(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 (40° 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 12.91 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.
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(13) Storm 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.
(1 8) 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 [41 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.
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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/I
Cadmium 0.003 mg/I
Copper 0.061 mg /I
Cyanide 0.015 mg/I
Lead 0.049 mg/I
Mercury 0.0003 mg /l
Nickel 0.021 mg/I
Silver 0.005 mg /I
Chromium 0.05 mg/1 (total chromium)
Zinc 0.175 tng/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 11.11 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 14.21 of this ordinance and shall achieve compliance with
all National categorical pretreatment standards, local limits, and the prohibitions set out in section
[2.11 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 users 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 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
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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.
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.
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
(a) The POTW Director shall evaluate whether each significant industrial user needs a plan or other action to
control and prevent slug discharges and accidental discharges as defined in Section 11.2(a)(36)1. All SIUs must
evaluated within one year of being designated an SIU. The POTW Director may require any user to develop, submit
for approval, and implement such a plan or other specific action. Alternatively, the POTW Director may develop
such a plan for any user.
(b) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential
for spills and other accidental discharge, discharge of a non - routine, episodic nature, a non - customary batch
discharge, or a slug load. Also see Sections 15.5 and 5.61.
(c) An accidental discharge /slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW Director of any accidental or slug discharge, as
required by section 15.61 of this ordinance; and
(4) 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 121 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
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926.!01 g
POTW Director may require the industrial waste hauler to provide a waste analysis of any load
prior to discharge.
(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.
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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 14.2(a)l 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 121 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 by the EPA
pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended and as
required in Section 5.10 and 5.11;
(4) Time and duration of the indirect discharge;
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(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 dale 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 rate of production;
(11) 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 2H .0908(a), as outlined in section 15.11 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 on file with the Control Authority and/or County as defined in Section
11.2(a)(3)1 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
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.
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(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 staffs 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:
(i) 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(i)1 of
this ordinance;
(iv) revoke any permit pursuant to section 18.11 of this ordinance;
(v) suspend a permit pursuant to section 18.11 of this Ordinance;
(vi) 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 goverment may conduct hearings in accordance with its regular hearing
procedure.
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(1) Initial Adjudicatory Hearing. An applicant whose permit is denied, or is granted subject to
conditions he deems unacceptable, a perrnittee /user assessed a civil penalty under section
18.21, or one issued an administrative order under section [5.11 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.
(ii) 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 perm[ 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 14.2(h)(1)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 14.2(h)(2)1 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)1 above, may seek judicial review of the order or decision by tiling 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.
(i) 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,
(ii) a single modification of any compliance schedule not in excess of four months,
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(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 14.2(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.
Q) 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 requirement.% shall include an identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State and local law;
(v) requirements for notifying the POTW in the event of an accidental discharge or slug load
as defined in Section 11.2(a)(36)1;
(vi) requirements to implement a Plan or other controls for prevention of accidental
discharges and/or slug loads as defined in Section 11.2(a)(36% if determined by the
POTW Director to be necessary for the User and,
(vii) requirements for immediately notifying the POTW of any changes at its facility affecting
the potential for spills and other accidental discharges, or slug load as defined in
11.2(a)(36)]. Also see Sections [5.5 and 5.61;
(viii) 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 waste minimization plans to reduce the amount of
pollutants discharged to the municipal wastewater system.
(v) The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the system.
(vi) Requirements for installation and maintenance of inspection and sampling facilities and
equipment.
(vii) Specifications for monitoring programs which may include sampling locations, frequency
of sampling, number, types, and standards for tests, and reporting schedules.
(viii) 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).
(viiii) Compliance schedules for meeting pretreatment standards and requirements.
(x) Requirements for submission of periodic self- monitoring or special notification reports.
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(xi) 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.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 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.
(I) 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 14.21 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 1(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 1(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.
(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 CPR 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
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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 15.101 of this ordinance.
(iii) Sampling must be performed in accordance with procedures set out in section 15.111 of
this ordinance and 40 CFR 403,12(b) and (g), including 40 CFR 403.12(8)(4).
(6) Certification. A statement, reviewed by the user's current authorized representative as defined
in Section 11.2(a)(3)1 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 15.21 of this ordinance.
(8) Signature and Certification. All baseline monitoring reports must be signed and certified in
accordance with section 14.2(c)1 of this ordinance.
5.2 Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by section 15.1(b)(7)1 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 15.1(b)(4 -6)1 of this ordinance. For 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 14.2(c)l of this ordinance.
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5.4 Periodic Compliance Reports
Harnett 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 once every six months, submit a report indicating the nature and concentration of
pollutants in the discharge which are limited by pretreatment standards and the applicable flows for
the reporting period. Sampling and analysis must be performed in accordance with procedures set
out in section [5.10 and 5.111 of this ordinance. All periodic compliance reports must be signed
and certified in accordance with section [4.2(c)] of this ordinance.
(b) 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 15.10 and 5.111
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. See Section 5.6(d) for other reporting requirements.
.(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 14.21 of this ordinance.
(b) The POTW Director may issue a wastewater discharge permit under section 14.21 of this ordinance
or modify an existing wastewater discharge permit under section 14.21 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 as defined in Section
[1.2(a)(36)], 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 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.
(d) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge, discharge of a non - routine, episodic nature, a
non - customary batch discharge, or a slug load as defined in Section [1.2(a)(36)].
5.7 Reports from Unpermitted Users
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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. If allowed by the POTW Director, the user is not required to resample:
(i) if the POTW Director monitors at the user's facility at least once a month; or
(ii) if the [POTW Director] samples between the user's initial sampling and when the user
receives the results of this sampling.
(b) If the POTW Director does not require the user to perform any self - monitoring and the POTW
sampling of the user indicates a violation, the POTW Director shall repeat the sampling and obtain
the results of the repeat analysis within thirty (30) days after becoming aware of the violations,
unless one of the following occurs:
(i) the POTW Director monitors at the user's facility at least once a month; or
(ii) the POTW Director samples the user between their initial sampling and when the POTW
receives the results of this initial sampling; or
(iii) the POTW Director requires the user to perform sampling and submit the results to the
POTW Director within the 30 day deadline of the POTW becoming aware of the
violation.
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 [5.5[of 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 15.1, 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 26130(d) and 261.33(e). Discharge of more
than fifteen (15) 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
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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 Grab and Composite Sample Collection
(a) 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.
(b) Grab Samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, volatile organic
compounds, and any other pollutants as required by 40 CFR 136. The POTW shall determine the
number of grabs necessary to be representative of the User's discharge. See 40 CFR 403.12(g)(5)
for additional grab sample number requirements for BMR and 90 Day Compliance Reports.
Additionally, the POTW Director may allow collection of multiple grabs during a 24 hour period
which are composited prior to analysis as allowed under 40 CFR 136.
(c) Composite Samples: All wastewater composite samples shall be collected with a minimum of
hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples
shall be collected using flow proportional composite collection techniques, unless time -
proportional composite sampling or grab sampling is authorized by the POTW Director. When
authorizing time - proportional composites or grabs, the samples must be representative and the
decision to allow the alternative sampling must be documented.
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.
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5.14 Electronic Reporting
The POTW Director may develop procedures for receipt of electronic reports for any reporting
requirements of this Ordinance. Such procedures shall comply with 40 CFR Part 3. These procedures shall
be enforceable under Section 8 of this Ordinance.
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.
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
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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.
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)[.
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(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;
(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 or Permission to Discharge
The POTW Director may revoke a wastewater discharge permit or permission to discharge for
good cause, including, but not limited to, the following reasons:
(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 or permission to discharge, conditions of this ordinance,
or any applicable State and Federal regulations.
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.
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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 iE
(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:
(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
[4.2(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 - 215.613. [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- 215.613(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- 215.613(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- 215.613(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
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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 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.
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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 12.1 (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.
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 (R).]
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.
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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.
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SECTION 13 - EFFECTIVE DATE
This ordinance shall be in full force and effect
PASSED this 20th day of August, 2007.
AYES: 5
NAYS: 0
ABSENT: 0
NOT VOTING: 0
APPROVED this 20th day
ATTEST:
Kay S. B chazd, Clerk to the Board
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