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HomeMy WebLinkAbout11202000w HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 20, 2000 The Harnett County Board of Commissioners met in regular session on Monday, November 20, 2000, in the County Administration Building, 102 East Front Street, Lillington, North Carolina. • Members present: Dan B. Andrews, Chairman Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 7 p.m. and Commissioner Hill led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the addition of a change order and budget amendments for Public Utilities projects. Commissioner Bowden seconded the motion and it passed unanimously. Upon motion by Commissioner Bowden and seconded by Commissioner Hill, the Board unanimously approved the following items on the consent agenda: • 1. Minutes: Regular Meeting, November 6, 2000 Special Meeting, November 9, 2000 2. Budget Amendments: 134 Aging (Fund 110-General) Code 110-0000-353.15-00 RSVP Special Proj. Revenue $1,500. increase 110-7500-441.32-13 RSVP Special Project 1,500. increase 110-0000-353.14-00 Volunteer Center Revenue 750. increase 110-7551-441.31-30 Volunteer Community Education 750. increase 135 Aging -Volunteer Center (Fund 110-General) Code 110-0000-353.14-00 Donations/Volunteer Program 100. increase 110-7551-441.31-30 Community Education 100. increase 136 Teens As Parents (Fund 110-General) Code 110-0000-353.76-03 Contributions & Donations/Duke 235. decrease 110-0000-351.00.-00 Misc. Revenue 235. increase 137 Finance "SBA Loan Grant -Floyd" (Fund 110-General) Code 110-4100-410.31-90 SBA Grants to Individuals 9,008. increase 110-0000-334.41-00 SBA Loan Grant -Floyd • 9,008. increase 138 Health Fund 110-Gcneral) Code 110-7600-441.11-00 Salaries & Wages 1,500. decrease 110-7600-441.54-26 Advertising 1,500. increase 110-7600-441.58-01 Training & Meetings 350. increase 110-7600-441.58-14 Travel 225.increase 110-0000-334.76-08 Summer Food Program 425. increase 110-0000-353.02-00 Donations -Health Dept. 150. increase 140 Register of Deeds (Fund 110-General) Code 110-0000-399.00-00 Fund Balance 625. decrease 110-0000-346.15-00 Fees/ROD Birth Records 1,250. increase 110-4800-410.32-08 Statewide Issuance Service 625. increase 42 141 Library (Fund 110-General) Code 110-8100-450.74-74 Capital Outlay 153,474. increase 110-0000-353.75-00 Library Gates Foundation 153,474. increase 142 Special Districts (Fund 110-Genera Code 242-0000-311.20-00 Ad Valorem Taxes-Delinq. 70,000. increase 242-8002-420.82-20 Anderson Creek -Delinquent 10,000. increase 242-8004-420.82-20 Averasboro Fire -Delinquent 5,000. increase 242-8007-420.82-20 Black River -Delinquent 12,000. increase 242-8008-420.82-20 Boone Trail -Delinquent 7,500. increase 242-8011-420.82-20 Cypress Creek -Delinquent 700. increase 242-8013-420.82-20 Erwin -Delinquent 2,000. increase 242-8016-420.82-20 Coats -Grove -Delinquent 7,500. increase 242-8017-420.82-20 Northwest Harnett -Delinquent 13,000. increase 242-8019-420.82-20 Spout Springs -Delinquent 9,000. increase 242-8020-420.82-20 Summerville -Delinquent 3,000. increase 242-8022-420.82-20 Crains Creek -Delinquent 300. increase 146 Administration (GIS) (Fund 110-General Code 110-4164-410.11-00 Salaries & Wages 22,500. increase 110-4164-410.21-00 Group Insurance 4,451. increase 110-4164-410.23-00 Retirement 1,105. increase 110-4164-410.23-01 Supplemental Retirement 450. increase 110-4164-410.22-00 FICA 1,722. increase 110-4164-410.45-33 Materials & Supplies 7,470. increase 110-4164-410.54-26 Advertising 800. increase 110-4164-410.74-74 Capital Outlay 3,000. increase 110-8800-490.32-16 Contingency 41,498. decrease 147 Library (Fund I I0-General) Code 110-8100-450.60-33 Materials & Supplies 124. increase 110-0000-331.81-01 Library -NC State Aid 124. increase 148 Finance (Fund 110-General Code 110-0000-311.91-00 Charged Off Taxes 750. increase 110-0000-336.09-00 Intangibles Tax 13,958. increase 110-0000-346.43-00 Copy Fees -Board of Elections 233. increase 110-0000-353.04-00 EMS Donations 192. increase 110-0000-354.01-00 Sale of Other Assets 312. increase 110-0000-399.00-00 Fund Balance 15,445. decrease 149 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Claims 1,031. increase 110-4600-410.43-21 Repair & Maintenance -Auto 1,031. increase 150 Emergency Services (Fund 110-General) Code 110-5300-420.32-62 LEPC Implementation 550. increase 110-5300-420.60-57 Miscellaneous 300. increase 110-0000-353.08-00 Emergency Management 850. increase 152 Social Services (Fund 110-General Code 110-7710-441.88-15 Special Needs Adoption 42,000. increase 110-0000-336.11-00 Food Stamp Sales Tax 287. decrease 110-0000-399.00-00 Fund Balance Appropriated 42,287. increase 110-7710-441.89-50 Elderly Assistance Donations 355. increase 110-0000-353.06-00 Social Services Donations 355. increase 110-0000-330.77-01 Social Services Administration 43,396. increase 110-7710-441.80-90 Crisis Intervention 26,391. increase 110-7710-441.88-25 Families for Kids 25,000. increase 110-7710-441.80-80 LINKS -Independent Living 8,526. increase 110-7710-441.80-85 CP&L Project Share 16,521. decrease 110-0000-330.77-10 Social Services Admin. 25,000. decrease 110-0000-354.17-00 Program Integrity 25,000. increase 153 Court Psychologist (Fund 10-General) Code 110-0000-331.77-02 Human Services-CBA 56,662. decrease 110-0000-331.41-02 CBA-Court Psychologist 56,662. increase • • is FAM 154 General Services (Fund 110-General Code 110-0000-356.30-00 Insurance Claims 1,483. increase 110-4600-410.43-21 Repair & Maintenance -Auto 1,483. increase 155 Cooperative Extension (Fund 110-General) Code 110-7301-465.41-11 Telephone & Postage 2,200. increase 110-7301-465.41-13 Utilities 1,000. increase 110-7301-465.60-33 Materials & Supplies 1,468. increase 110-7301-465.60-53 Dues & Subscriptions 300. increase 110-7301-465.58-14 Travel 300. increase 110-7301-465.54-26 Advertising 500. increase 110-7301-465.60-48 Board Member Expense • 300. increase 110-7301-465.55-12 Printing & Binding 2,500. increase 110-0000-334.73-01 Child Development Block Grant 8,568. increase 156 Harnett -Wake Transmission Capital Project (Fund 542-"WAKETR") Code 542-9101-431.45-01 Construction 7,975. increase 542-9101-431.45-80 Contingency 7,975. decrease 157 Public Utilities (Fund 531-Public Utilities) Code 531-9000-431.43-19 Maintenance & Repair -System 20,000. increase 531-0000-399.00-00 Fund Balance Appropriated 20,000. increase Tax Refunds 3. Tax refunds & releases (Attachment 1) Final Subdivision 4. Final Subdivision Plats: Plats A. Heatherbrook Estates, Phase 4, owner: Pine Grove Development, 25 lots, SR 1141-Micro Tower Rd., Barbecue Township, RA-20R Zoning District, 20.6 acres. B. Sandy Grove, Section 3, owner: Kathy Smith, 13 lots, SR 1542-Old Buies Creek Rd., Black River Township, RA-30 Zoning District, 11.1 acres. • C. The Village at Huntington, owner: BAT Developers, LLC, 12 lots, SR 1703-Red Hill Church Rd., Grove Township, RA-30 Zoning District, 10.2 acres. 5. Lease agreement with Hamilton Real Estate Services for office space for Chief Office Space for District Court Judge — one year lease with rental amount of $525.00 per month. Chief Dist. court Judge The office space is located at 30 East Front Street, Lillington. Brittney Thomas 6. Resolution recognizing Brittney Thomas (Attachment 2) Airport Fencing 7. Authorization to decline grant for perimeter fencing at the Airport (Attachment 3) Flat Branch F. D. 8. Agreement with N. C. Department of Transportation for Flat Branch Fire Paving Department entrance paving. 36" Harnett/Wake 9. Change Order for Hobby Construction regarding the 36" Harnett —Wake Water Waterline Proj. Transmission project (Attachment 4) After a report from Emergency Management and Angier Fire Department, nine year Brittney Thomas old Brittney Thomas was presented a certificate award from the Commissioner of Fire Saf ety Award Insurance and a resolution from the Board of Commissioners for her heroic efforts in • calling 911 and leading her grandmother and younger brother to safety when their house was burning. Informal comments regarding livestock operations were presented by Jeanette Burlock and Michelle Richie, Rawls Community. John Mason, Anderson Creek, voiced concerns with mobile home storage in his neighborhood. Shawtown CDBG Patt Crissman, The Wooten Company, reviewed matters related to the latest phase of Project the Shawtown CDBG Project and presented for the Board's consideration, a resolution authorizing the adoption of the Program initiation Manual for the Harnett County Community Development Program. Commissioner Byrd moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 5) Appointments Commissioner Bowden moved for the appointments listed below. Commissioner Hill seconded the motion and it passed unanimously. Mid -Carolina Workforce Development Board Bob Harrison appointed for a 2-year term to expire 11/30/02 Harnett County Planning Board Kenneth Shaw re -appointed for a 3-year term to expire 12/31/03 Harnett County Board of Health • Dr. Patrick Gray re -appointed for a 3-year term to expire 12/31/03 Harnett County Public Library Board of Trustees Pamela E. Graham re -appointed for a 3-year term to expire 01/01/04 Work First Planning Committee Addie McLean Rev. Willie Snead Pat Cameron, Director, Department of Social Services, reviewed the proposed Work FY 2001-2003 First Plan for FY 2001-2003 and presented the proposed Plan for the Board's Work First Plan consideration. Commissioner Byrd moved to approve the Work First Plan as presented. Commissioner Bowden seconded the motion and it passed unanimously. Neil Emory, County Manager, noted that the Board tabled a proposed amendment to Proposed amendment the Zoning Ordinance at the October 16 Board meeting. The proposed change is to Zoning Ord, related to farm exemptions as well as the number of housing units permitted per Farm Exemptions parcel. Commissioner Titchener moved to bring the matter off the table. Commissioner Bowden seconded the motion and it passed unanimously. Commissioner Titchener moved to again table the matter to allow for review of the proposed amendment at the Board's upcoming retreat. Commissioner Bowden • seconded the motion and it passed unanimously. Proposed Zoning Lori Tomaszewski, Chief Planner, reviewed a proposed Zoning Ordinance text Ord. amendment amendment regarding mini warehouse self storage. Commissioner Titchener moved mini warehouse to schedule a public hearing on the matter for December 4, 2000. Commissioner Byrd seconded the motion and it passed unanimously. Lori Tomaszewski, Chief Planner, reviewed a proposed Communications Tower Communications Ordinance for Harnett County. Commissioner Byrd moved to scheduled a public Tower Ordinance hearing on the matter for December 4, 2000. Commissioner Bowden seconded the motion and it passed unanimously. Rate of Tax Coll. L. C. O'Quinn, Tax Administrator, reported on the current rate of tax collections in the County. Agreement with Neil Emory, County Manager, presented for the Board's consideration, a proposed Johnston Coungy agreement with Johnston County for sale of waterlines in the communities of McGee's Sale of Waterlines Crossroads and Elevation in Johnston County. Commissioner Titchener moved to authorize staff to proceed with sale of the waterlines to Johnston County. Commissioner Byrd seconded the motion and it passed unanimously. Neil Emory, County Manager, and Gary Pope, Emergency Management Director, • Emergency Cummuni- reviewed with the Board several issues that have arisen which warrant a study of the cations Capability County's Emergency Communications capability. Staff has received and reviewed proposals from several companies and would like to submit a recommendation to the Board that Communications International, Inc. be awarded a contract to conduct such a study. Issues to be considered include coverage as well as the impact of incorporating the dispatch needs of Dunn and Erwin into the County communications center. The cost of the study would be $39,400.00. Funding would come from Sheriff Department funds as well as E-911 resources. Commissioner Titchener moved to authorize staff to enter into a contract with Communications International, Inc. contingent on review and approval by the County Attorney. Commissioner Bowden seconded the motion and it passed unanimously. Departmental reports were filed with the Board from Economic Development, Emergency Management, Sheriffs Department, Finance Office/Budget, and Emergency Medical Service. Reaffirm Support Following review by Mr. Emory, Commissioner Bowden moved to reaffirm support of Agreement with- of the agreement between the County and the Town of Lillington regarding water and Town of Lillington wastewater services in areas annexed by and any areas annexed in the future by the Water & wastewater Town. Commissioner Hill seconded the motion and it passed unanimously. Services • (Attachment 6) Commissioner Hill moved that the Board go into closed session for the following Closed Session purposes: 1) To consider and discuss a personnel matter; 2) To instruct the County staff concerning the position to be taken on behalf of the County in negotiating the material terms of a proposed lease of real property. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6)&(5). Commissioner Bowden seconded the motion and it passed unanimously. Commissioner Hill moved for the Board to come out of closed session. Commissioner Bowden seconded the motion and it passed unanimously. There being no further business, Commissioner Bowden moved for adjournment. Commissioner Hill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners meeting, November 20, 2000, duly adjourned at 9:30 p.m. A.e�n -,& z�.� Dan B. Andrews, Chairman K/.JXQ.Ia to the Board Kay S. Blanchard, Clerk Attachment 1. Approved by the Harnett Coun`tyBoard of Commissioner Date U- 20-DD 'r MONTHLY REFUND REPORT CR.gk to � BooAeF 14-Nov-00 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 1999802814 ALVES, III JOHN JOSEPH VEHICLE SOLD COUNTYWIDE - 3,703 X .73 = 27.04 1999 11/00 2 520 SIERRA TRAIL AND CRK FIRE - 3,703 X. 11 = 4.08 SPRING LAKE, NC 28390 TOTAL - 31.12 1999581117 AUTRY, ROBERT VEHICLE SOLD COUNTYWIDE - 1,010 X .73 = 7.38 1999 11/00 2 DUNN JEREMY CITY OF DUNN - 1,010 X .46 = 4.65 130 JOY STREET AVERASBORO SCHOOL - 1,010 X .02 = DUNN, NC 28334-4632 .21 TOTAL - 12.24 • 199915418 FLATWOODS DOUBLELISTING OF COUNTYWIDE - 30,340 X .73 = 221.49 1999 11/00 2 MHP/CHESTER BEARD DOUBLE WIDE MOBILE FLATWOODS FIRE - 30,340 X .15 = 45.51 P.O. BOX 841 HOME TOTAL - 267.00 LILLINGTON, NC 27546 1999585600 GENET, FREDERICK M VEHICLE SOLD COUNTYWIDE - 2,443 X .73 =17.84 1999 11/00 2 634 KEITH HILLS ROAD BUIES CREEK FIRE - 2,443 X. 10 = 2.45 LILLINGTON, NC 27546 TOTAL - 20.29 1999583699 GOODWIN, THOMAS VEHICLE SOLD COUNTYWIDE - 2,665 X .73 = 19.46 1999 11/00 2 RAY NORTH HARNETT FIRE - 2,665 X .09 = 5069 COKESBURY ROAD 2.40 FUQUAY VARINA, NC TOTAL - 21.86 27526 1999592462 JOY, THOMAS EDWARD SOLD VEHICLE COUNTYWIDE - 2,710 X .73 = 19.79 1999 11/00 2 ROUTE 4, BOX 269A SUMMERVILLE FIRE - 2,710 X .07 = 1.90 LILLINGTON, NC 27546 TOTAL - 21.69 AM BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2000803970 KEOUGH, DANIEL VEHICLE SOLD COUNTYWIDE - 618 X .73 = 4.52 2000 111002 MARTIN AND CRK FIRE - 618 X. 11 = .68 165 LONGLEAF DRIVE TOTAL - 5.20 LILLINGTON, NC 27546 2000611533 LASSITER, BENJAMIN F VEHICLE SOLD COUNTYWIDE - 929 X .73 = 6.79 2000 11/00 2 ANGIER 103 CREPE MYRTLE TOWN OF ANGIER - 929 X .46 = 4.28 COURT BLACK RIVER FIRE - 929 X .07 = .65 ANGIER, NC 27501 TOTAL - 11.72 • 2000604647 LEE, TROY BRAXTON VEHICLE SOLD COUNTYWIDE - 1,788 X .73 = 13.06 2000 11/00 2 316 LEE ROAD AVERASBORO FIRE - 1,788 X .04 = .72 DUNN, NC 28334-4328 AVERASBORO SCHOOL - 1,789 X .02 = .36 TOTAL - 14.14 2000607408 OLIVEIRA, JR. DALTON MILITARY EXEMPTION COUNTYWIDE - 1,360 X .73 = 9.93 2000 11/00 2 JOSE SPOUT SPRINGS FIRE - 1,360 X .09 = 225 CYPRESS CREEK 1.22 FARM ROAD TOTAL - 11.55 SANFORD, NC 27330- 2190 1998857276 OLIVEIRA, JR. DALTON MILITARY EXEMPTION COUNTYWIDE - 8,480 X .68 = 57.66 1998 11/00 2 JOSE SPOUT SPRINGS FIRE - 8,480 X .09 = 225 CYPRESS CREEK 7.63 FARM ROAD BENHAVEN RESCUE - 8,480 X .025 = SANFORD, NC 27330- 2.12 2190 TOTAL - 67.41 1999551857 OLIVEIRA, JR DALTON MILITARY EXEMPTION COUNTYWIDE - 9,260 X .73 = 67.60 1999 111002 JOSE SPOUT SPRINGS FIRE - 9,260 X .09 = 225 CYPRESS CREEK 8.33 FARM ROAD TOTAL - 75.93 SANFORD, NC 27330- 2190 1999500856 OLIVEIRA, JR DALTON MILITARY EXEMPTION COUNTYWIDE - 6,900 X .68 = 46.42 1999 11/00 2 JOSE SPOUT SPRINGS FIRE - 6,900 X .09 = 225 CYPRESS CREEK 6.21 FARM ROAD BENHAVEN RESCUE - 6,900 X .025 = SANFORD, NC 27330- 1.73 • 2190 TOTAL - 54.86 2000623152 ROBERTS, MICHELE VEHICLE SOLD COUNTYWIDE - 3,529 X .73 = 25.77 2000 11/00 2 CAYTON CYPRESS CREEK FIRE - 3,529 X .085 = 270 CYPRESS CREEK 3.00 FARM ROAD TOTAL - 28.77 SANFORD, NC 27330 2000613870 SMITH, JULIE JONES VEHICLE SOLD COUNTYWIDE - 3,940 X .73 = 28.77 2000 11/00 2 359 DEER HAVEN BLACK RIVER FIRE - 3,940 X .07 = 2.76 DRIVE TOTAL - 31.53 WILLOW SPRINGS, NC 27592 2000627167 SPELL, ANNE M AND SOLD VEHICLE; MOVED COUNTYWIDE - 9,918 X .73 = 72.41 2000 11/00 2 DUNN LARRY E OUT OF STATE CITY OF DUNN - 9,918 X .46 = 45.63 306 COLERIDGE DRIVE AVERAS. SCHOOL - 9,918 X .02 = 1.99 DUNN, NC 28334-4409 TOTAL - 120.03 2000624787 SPELL, ANNE M AND SOLD VEHICLE; MOVED COUNTYWIDE - 8,845 X .73 = 64.57 2000 11/00 2 DUNN LARRY E OUT OF STATE CITY OF DUNN - 8,845 X .46 = 40.69 306 COLERIDGE DRIVE AVERAS. SCHOOL - 8,845 X .02 = 1.77 DUNN, NC 28334-4409 TOTAL - 107.03 1999573947 SPELL, LARRY SOLD VEHICLE COUNTYWIDE - 374 X .73 = 2.73 1999 111002 DUNN EDWARD CITY OF DUNN - 374 X .46 =1.72 306 COLERIDGE DRIVE AVERAS SCHOOL - 374 X .02 = .08 DUNN, NC 28334 TOTAL - 4.53 2000636613 WEBSTER, MATTHEW MILITARY EXEMPTION COUNTYWIDE - 7,430 X .73 = 54.24 2000 11/00 2 DWIGHT TOTAL - 54.24 150 BOATS LANE SPRING LAKE, NC 28390 • 2000621346 WEBSTER, MATTHEW MILITARY EXEMPTION COUNTYWIDE - 5,540 X .73 = 40.44 2000 11/00 2 DWIGHT TOTAL - 40.44 150 BOATS LANE SPRING LAKE, NC 28390 1999581477 WELLONS VEHICLE SOLD COUNTYWIDE - 1,028 X .73 = 7.51 1999 11/00 2 DUNN CONSTRUCTION CO CITY OF DUNN - 1,028 X .46 = 4.73 602 S POWELL AVE AVERASBORO SCHOOL - 1,028 X .02 = DUNN, NC 28334-4650 .21 TOTAL - 12.45 1999590518 WELLONS VEHICLE SOLD COUNTYWIDE - 1,473 X .73 = 10.76 1999 11/00 2 DUNN CONSTRUCTION CO CITY OF DUNN - 1,473 X .46 = 6.78 HWY 421 AVERASBORO SCHOOL - 1,473 X .02 = P.O. BOX 730 .30 DUNN, NC 28335 TOTAL - 17.84 • • BILL NUMBER NAME 2000622076 WELLONS CONSTRUCTION, INC 2004 WEST CUMBERLANDSTREET DUNN, NC 28334-4448 1999580897 WELLONS CONSTRUCTION, INC 602 S POWELL AVE DUNN, NC 28334-4650 199953342 WRIGHT, GENE AND CLEO 2642 HOLLY SPRINGS CHURCH ROAD BROADWAY, NC 27505 199851449 WRIGHT, GENE AND CLEO 2642 HOLLY SPRINGS CHURCH ROAD BROADWAY, NC 27505 Attachment 2. REASON AMOUNT VEHICLE SOLD COUNTYWIDE - 3,512 X .73 = 25.64 CITY OF DUNN - 3,512 X .46 = 16.16 AVERASBORO SCHOOL - 3,512 X .02 = .71 TOTAL - 42.51 VEHICLE SOLD COUNTYWIDE - 1,028 X .73 = 7.51 CITY OF DUNN - 1,028 X .46 = 4.73 AVERASBORO SCHOOL - 1,028 X .02 = .21 TOTAL - 12.45 OVERLISTED BUS. PERS. COUNTYWIDE - 3317 X .73 = 24.22 PROP. PER TMA AUDIT BOONE TRAIL EME - 3317 X .07 = 2.33 TOTAL - 26.55 OVERLISTED BUS. PERS. COUNTYWIDE - 23758 X .68 = 161.56 PROP. PER TMA AUDIT BOONE TRAIL EME - 23,758 X .085 = 20.20 TOTAL - 181.76 BOARD OF COMMISSIONERS DAN B. ANDREws, hL, Chairman BEArmcE B. Ha.L, Vice-Chaimran JosEPH T. BowDEN TEDDY BYRD WALT TrrcHENER NETT Cp T hpR%H CARp�\NP COUNTY OF HARNETT P.O. BOX 759 • LILLINGTON, N.C. 27546 (910) 893-7555 • FAX (910) 814-2662 Resolution Brittany Thomas YEAR MONTH TOWN 2000 11/00 2 DUNN 1999 11/00 2 DUNN 1999 11/00 2 1998 11/00 2 COUNTY MANAGER NER, EmoRY , Wm. A. (TONY) WH,DER, Assistant CLERK TO THE BOARD KAY S. BLANcHAm Whereas, a hero is one who comes to the aid of others in the event of an emergency; and Whereas, nine year old Brittany Thomas of Angier proved herself to be a hero when she led her grandmother and brother to safety during a fire at their home; and Whereas, Brittany learned these life-saving skills at Angier Elementary School were she had recently participated in the "Smoke House" Fire Safety Program; and Whereas, educating the young people of our County regarding fire safety is a priority of the Harnett County Fire Marshal's Office as well as the fire departments of our County. Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners does hereby recognize and commend Brittany for her heroic efforts. In addition, the Board would like to recognize and thank Beverly Williams, Fire Educator, as well as firemen throughout our County who dedicate themselves to bring fire education programs to the children of Harnett County. Duly adopted this 20th day of November, 2000. • HARNETT COUNTY BOARD OF COMMISSIONERS Dan B. Andrews, Chairman Beatrice B. Hill, Vice Chair °' Joseph T. Bowden Teddy J. Byrd NIMMIkW Walt Titchener Harnett County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. Attachment 3. November 21, 2000 Mr. William H. Williams, Jr., Director of Aviation North Carolina Department of Transportation Division of Aviation 1560 Mail Service Center Raleigh, North Carolina 27699-1560 Re: Perimeter Security Fencing, Grant No. 9.9445010 Dear Mr. Williams: It is the feeling of the Harnett County Board of Commissioners that we can not obligate more funds for grant projects until we receive federal and state reimbursements. As you recall, Harnett County provided local funding of over one million dollars in order to upgrade our airport to a "business class" airport. We feel that by becoming a business class airport it will promote economic development by allowing Harnett County to compete for jobs in the business world. This past year, Harnett County suffered the loss of Swift industries in Erwin, and This End Up Furniture in Lillington. These plant closings resulted in the loss of about one thousand employees. While our residential population growth is rampant, our commercial and industrial growth suffers. Thus proves the need to address all issues in order to attract potential commercial and industrial clients. I would like to thank you and the NC Division of Aviation for your continued interest in the Harnett County Airport. Sincerely, . Dan B. Andrews, Chairman Harnett County Board of Commissioners Pc: Bob Etheridge, United States Representative Oscar N. Hams, North Carolina Senate Don Davis, North Carolina House of Representatives Leslie Cox, North Carolina House of Representatives W. Stephen Bright, P. E. Harnett County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. Attachment 4. • • ORDER NO. CONTRACT CHANGE ORDER DATE 11-3-00 STATE NC CONTRACT FOR COUNTY 7 6" Water Line Harnett J OWNER County of Harnett, P.O. Box 1119, Lillington, NC 27546 1'o.__Hob4.y..Const.,Co,_, P.O. Box 457, Newberry, SC 29108 _. ...._..... _.....- ......... _ ............. ........ _................ rCa 'n ru You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price • 205 if of excavation @ water plant $ $ 3,318.95 393.5 cy of fill @ water plant 4,655.11 TOTALS 1 $ ..................... 7,974.06 aurrF s 7,974.06 JUSTIFICATION:. See attached letters N The amount of the Contract will be (Decreased) (Increased) By The Sum Of: Seven thousand, Nine Hundred —Seventy—four and 06/100--------- Dollars(s 7,974.06 ), The Contract Total Including this and previous Change Orders Will Be: Six Million, Twenty —Five Thousand Nine Hundred —Nineteen and 41/100----- Dollars($ 6,025,919.41). The Contract Period Provided tor. This document will bedome a 4SP! • Requested Recommended Accepted Attachment 5. Lion Will Be (InikVe Md) (lXAVeXAd) (Unchanged): 0 Days to the contract and all provisions will apply hereto. (Owner) (Date) c(i 11-3-00 nor's Archlfect/Engineer) (Da(e) (Conrrector) (Dafe) This Information will be used as a record of any changes to the original construction contract. HARNETT COUNTY FY 00 COMMUNITY DEVELOPMENT PROGRAM PROGRAM INITIATION MANUAL RESOLUTION A Resolution Authorizing the Adoption of the Program Initiation Manual for the Harnett County • Community Development Program. Be it Resolved by the Board of Commissioners of Harnett County, North Carolina, That: WHEREAS, the County is participating in the Community Development Block Grant Program under the Housing and Community Development Act of 1974, as amended, administered by the North Carolina Department of Commerce; and WHEREAS, the following documents are required under this program; • Fair Housing Plan • Equal Employment and Procurement Plan • Local Economic Benefit For Low And Very Low Income Persons Plan • Section 504 Compliance Officer/Grievance Procedure • Citizen Participation Plan • Residential Anti -Displacement And Relocation Assistance Plan • Optional Coverage Relocation Plan • Code Of Conduct/Hatch Act Policy • Acquisition Guidelines • Relocation Guidelines • Demolition And Clearance Guidelines • Rehabilitation Guidelines • Complaint Procedure • Contracts Officer Designation • Labor Standards Officer Designation • Verification Officer Designation • Just Compensation Officer Designation • Financial Management Procedure • THEREFORE BE IT RESOLVED, that the Board of Commissioners of Harnett County, North Carolina, hereby adopts the Program Initiation Manual to be used throughout the implementation of the Harnett County FY 00 Community Development Program. Adopted this 20th day of November 2000. Dan B. Andrews, Chairman ATTEST: t. d!h Kay Blanc rd, Clerk to the Board 0 Attachment 6. NORTH CAROLINA HARNETT COUNTY AGREEMENT This Agreement is made and entered into this .20 k day of lJd V e-" e r 2000, by and between Harnett County, a body politic organized and existing under the laws • of the State of North Carolina (hereinafter the "County"), and the Town of Lillington, a municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter the "Town"); WITNESSETH: THAT WHEREAS, the parties previously entered into an Agreement dated 17 February 1999 regarding establishment of a regional wastewater treatment facility; and WHEREAS, Section XVI of that Agreement provided that the parties would collaborate for the purpose of negotiating a written Agreement to govern water and sewer services in areas annexed by, and any areas annexed in the future by the Town; and WHEREAS, the parties have reached an Agreement regarding water and sewer services as referenced in Section XVI of the 17 February 1999 Agreement, and the County and the Town desire to set forth the terms and conditions of their Agreement; and WHEREAS, the town of Lillington is contiguous with the following water and sewer districts: • 1) North East Metropolitan Water District 2) Buies Creek/Coats Water Sewer District 3) East Central Water Sewer District 4) West Central Water Sewer District 5) South Central Water Sewer District 6) Riverside Water Sewer District That each of the above named districts has its own territorial jurisdiction, bonded indebtedness, and governing board; and WHEREAS the town of Lillington has certain rights and obligations concerning the use of the infrastructure and the capacity in the North East Metropolitan Water District, such rights and obligations are controlled by a contract dated March 5, 1977; and WHEREAS the town of Lillington has no contractual rights, privileges or obligations in the other Water and Sewer Districts which are contiguous to the town of Lillington; and WHEREAS the town of Lillington has recently annexed into the following Districts: North Eastern Metropolitan Water District; East Central Water and Sewer District; and the Buies Creek -Coats Water and Sewer District, and; • WHEREAS there is the possibility of further annexation into other areas which lie in these water and sewer districts; and WHEREAS the County and the Town need to have a systematic plan governing current and future annexation of areas within a water and/or sewer district contiguous to the town of Lillington; and WHEREAS the County and the Town have entered into the following contracts concerning water and sewer: 51 1. March 5, 1977 -- North East Metropolitan Water District. 2. July 17, 1995 -- Water/Sewer/Annexation County Property Agreement. 3. February 24, 1997 -- Re: Small Cities Community Development Block Grant and other wastewater lines. 4. February 17, 1999 — Re: Regional Wastewater Treatment Facility; and WHEREAS this Agreement modifies several provisions in the above referenced contracts as specifically provided herein; NOW THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, the County and the Town agree as follows: • 1. Agreement Satisfies Rgguirements of Section XVI and Section IX. This Agreement satisfies the requirements set forth in Section XVI and Section IX of the February 17, 1999 Agreement between the parties concerning the wastewater ordinance, and water and sewer services in areas annexed by, and any areas annexed in the future by the Town. 2. Definitions. A. Main Transmission Line. For the provisions of this Agreement, a main transmission line is defined as a waterline that is ten inches (10") or larger in diameter. B. Distribution Line. For the provisions of this Agreement, a distribution line is defined as a waterline that is serviced by a transmission line. C. Collection Line. For the provisions of this Agreement, a collection line is defined as a line for the collection of wastewater. D. Customer. Any present or future user of water or sewer services, • regardless of whether such services are provided by the County or by the Town. E. Interceptor Line. A line eight (8") inches or greater which receives wastewater from a collection line which transports sewer from a collection line. F. Forced Main Line. A line which transports wastewater under pressure to a different drainage basin. G. Sewage Lift Station. Pumping facility which transfers wastewater from a gravity drainage line (Interceptor lines & Collection lines) through a force main to another drainage basin. 3. Main Transmission Water Lines Remain Property of County. All main transmission water lines owned by the County at the time of the execution of this Contract (running along U.S. Highway 401, U.S. Highway 421, N.C. Highway 210, and N.C. Highway 27) shall remain the property of the County of Harnett, except as otherwise provided herein and the County shall be responsible for the maintenance and operation of such main transmission water lines as shown in drawing (Attachment 1). 4. Modification of Previous Contracts. The parties hereby modify the terms of • the following contracts as shown herein: A. April 5, 1977. Paragraph 11. Concerning maintenance, operation and collection of any revenue from water lines within the Town's corporate limits. B. July 17, 1995. Paragraph's 5A-H and Paragraph 6A-F. Concerning the ownership, construction and collection of revenue of water lines within the County Governmental Complex. C. February 25, 1997. Paragraph #6. Wherein the Town had agreed to accept flow from certain areas without charge for a period of 7 years. Paragraph #7. Wherein the County receives the revenue from certain 52 named customers until February, 2004. D. February 17, 1999. Paragraph XII (c). This Paragraph is modified to allow the County to read meters, bill and collect sewer fees for the Town for certain customers within the Town Corporate Limits as shown on Attachment 2. The County shall be entitled to any tap fee from taps made by the County on wastewater lines owned by the Town, the amount of such tap fee to be set by the Town. Taps made by the County on Town owned wastewater lines will be authorized by the Town prior to being installed by the County (See drawing Attachment 2). • 5. Unaddressed Terms of Previous Contracts. Unless specifically modified by this Agreement, the provisions of any other contract between the parties are in full force and effect. 6. Ownership of Infrastructure. A. Waterlines: i. Recently Annexed Areas North of the Cape Fear River. The County is to own, maintain, read meters, bill, tap and collect revenues from all water lines as shown in drawing, (Attachment 1). ii. Future Annexation. In any areas annexed by the Town of Lillington that extend into the jurisdiction of a water or water -sewer district and there is existing water infrastructure, the County will continue to own, maintain, read meters, bill, tap and collect revenue from said lines. iii. July 17, 1995 Contract. Sections 5A-H and 6A-F. The parties rescind the portion of this contract wherein the County conveyed the existing • water lines within the Governmental Complex and agreed to convey an easement for the maintenance of said lines. B. Waste Water Infrastructure: i. Town Owned Lines. The Town currently owns, operates and maintains wastewater lines from the Cape Fear River, extending North along US 401, McKinney Parkway, through the County Governmental Complex, US 421 and NC 210. The Town will continue to own operate, maintain and collect revenues from the wastewater collection system as shown in drawing (See attachment 2). ii. County Owned Lines. The County currently owns certain wastewater collection lines within the Town's Corporate Limits. These lines extend from the eastern Town limits on US 421, in a westerly direction on US 421, with several spur lines, these lines currently end at the Central Carolina Community College Campus. These wastewater lines • are shown on the attached drawing along with the area in the Town corporate limits into which the County is authorized to expand wastewater lines (See Attachment 3). iii. Easements. The County has executed easements, as required by the July 17, 1995 Contract to the Town of Lillington for maintenance, repair and operation of the wastewater collection system within the County Governmental Complex, US 401, NC 210 and Shawtown area which have been recorded in the Register of Deeds office by the County. 53 7. Sewer Revenue. Reference February 24, 1997 Contact. A. The County shall remit to the Town all sewer revenue collected from wastewater customers not included in the February 24, 1997 Contract as County revenue customers. An accounting will be provided to the Town on this account, and this amount will be credited against the Town's County water bill. B. The Parties of this contract modify the portion of the February 24, 1997 • Contract (Paragraph 6 and 7) wherein the County receives seven years revenue from named customers listed in the referenced contract. Revenue from County Customers named in the contract will belong to the Town beginning on the first billable cycle following the execution of this agreement. 8. Water and Sewer Rate. The County shall charge County customers who are within the Town's present and future corporate limits the Town's rate for water and sewer services. Any tap fees, late fees, impact fees, reconnection or disconnection fees or other fees or charges will comply with the Town's rate for these services. 9. Meter Reading/Collection. Customers of water and sewer services that are provided water via County distribution lines and receive wastewater services from the Town shall be billed by the County. The County shall read the meters, bill the customer for water and sewer, collect any monies due, make an itemized statement to the Town and remit payment to the Town for the sewer portion of the billing. This shall be done on a monthly basis. • 10. Extension of Water and Sewer Services in Recently Annexed Areas. A. The County may extend any County owned infrastructure within the Town limits with the authorization and approval of the Town, as long as the County complies with the provisions of this Contract. B. The Town may extend any County owned infrastructure within the Town limits. C. The County shall extend water services to all Town residents North of the Cape Fear River. D. The County will extend wastewater service to any Town resident who petitions for wastewater service in the area shown on Attached map 4. The County shall, consistent with Town policy, have the option to maintain current septic systems in the area shown on Attachment 4. E. The County will construct a gravity sewer line from the Subway Restaurant (on Highway 421 approximately 200' east of the 401/421 intersection) extending east along Highway 421 to the Central Carolina Community College Campus. • This wastewater line will drain to the proposed wastewater collection system to be constructed by the County and owned by the County with wastewater to be treated at the County facility at the County's expense. The County will own, maintain, repair and collect revenues from this line (See Attachment 4). 11. Extension of Water and Sewer Infrastructure by the County or Town within Newly Annexed Areas. A. Areas annexed by the Town in the future will have water and wastewater service provided by either the Town or County. B. The Town shall notify the County of any proposed annexation; projected needs for water and/or sewer services in the proposed areas of annexation and arrange a meeting between the Town and County to discuss the proposed extension of services to the proposed annexed areas. C. In the event of future annexation by the Town, the County will provide water and sewer services for the annexation area if requested by the Town, if the project is deemed financially feasible. D. The financial feasibility shall be determined as follows: Annual projected • revenues (at Town Rates) must exceed annual operations and maintenance cost plus the annual debt service cost of the project required to provide water or wastewater service in the annexed area. E. If the project is not financially feasible by the above determination the Town shall have the option to supplement the revenue with a lump sum payment or installment payments to compensate for the shortfall in the projected revenue of the project. F. The County will provide to the Town a certified cost estimate of any proposed projects to be built by the County. This cost estimate shall be prepared by a professional engineer. The cost of the estimate to be shared by the Town and County. The Town shall have the right to review and audit all information related to the determination of projected revenue, operation and maintenance costs, construction costs and debt service costs. G. In the event of any disputed cost estimate between the Town's engineer and the County's engineer, the proposed project will be designed and bids will be received • for the proposed project. The actual bids submitted shall be used to determine cost of a proposed project. The cost of a proposed project will be used to determine feasibility of a project. The Town and the County will equally share the cost of any design prepared pursuant to this subsection. H. If the County undertakes any project in a newly annexed area, the County shall own, control, maintain, repair and collect revenues on any extension of water and sewer lines owned by the County. I. In the event that the County determines a project is not financially feasible, the Town may extend County water and wastewater lines into any future annexed area by paying for construction cost. Customer revenues collected from lines constructed including, but not limited to, impact fees, tap fees and water and wastewater fees would be collected as Town revenue. J. Notwithstanding the other provisions of this section, the Town may extend its own water or wastewater lines into any future annexed area at its own cost. Customer revenue collected from such lines, including but not limited to impact fees, tap fees and • water and wastewater fees will be collected as Town revenue. 12. Application for Water and Sewer Services. Services located in Town corporate limits. A. The Town's Zoning Administrator shall determine the location for new utility service, then direct the applicant to the appropriate agency to apply for service. B. The County shall provide taps for services from County owned lines. The County shall be entitled to any tap fee, impact fee and material cost as provided by Town policy. 55 C. The Town shall provide taps for services from Town owned lines. The Town shall be entitled to any tap fee, impact fee and material costs as provided by Town policy. 13. Fire Hydrants. The Town shall have the right to install fire hydrants on County lines consistent with Town policy. The Town shall pay for the installation, labor and material for the installation of additional fire hydrants along County owned water lines. • The Town may hire an approved contractor to install any hydrants or pay the County to install hydrants. All fire hydrant connections shall be inspected and approved by the County. 14. Wastewater Pretreatment Ordinance. The Town and County have approved the attached wastewater pretreatment ordinance and will coordinate any future changes prior to implementation. (See Attachment 5). IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be duly executed in two (2) counterparts, each of which shall constitute an original. Executed by the County of Hamett, this the 10 day of _AQ%r-(AbA, 2000. County of Harnett By: A2, 1 Dan B. Andrews, Chairman Harnett County Board of Commissioners • Attest: kaL ' /. /. ea"I d4l'a Kay SY. Blanchard, Clerk to the Board Executed by the Town of Lillington, this the 2544 day of re-6rwarx 204. Attest: iAh I kie B. Wilder, Clerk NORTH CAROLINA HARNETT COUNTY Town of Lillington ACKNOWLEDGEMENT I, a Notary Public of the County and State aforesaid, certify that DAN B. • ANDREWS, who, being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County, and that Kay S. Blanchard is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of Harnett County to said instrument; and that the said Dan B. Andrews, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County, North Carolina. Witness my hand and notarial seal, this the ? day of 2000. Notary Pu61icV- ` My Commission Expires: NORTH CAROLINA HARNETT COUNT ACKNOWLEDGEMENT June k m CLe.Gn I, a Notary Public of the County and State aforesaid, certify that JAMES M. WALKER, who, being by me duly swom, says that he is Mayor of the Town of Lillington and that Vickie B. Wilder is Clerk of said Town, that the seal affixed to the foregoing and attested instrument is the seal of said Town, and that said instrument was signed by him as Mayor of said Town and by the Clerk of said Town, who affixed the official seal of said Town to said instrument; and that the said James M. Walker, Mayor, acknowledged said instrument to be the act and deed of the Town of Lillington. Witness my hand and notarial seal, this the )X' day of L° 2006. Notary Public My Commission Expires: -� 9 Attachment 1 SR 1434 Ug 10/ Section 3 Bruce Johnson section 6, A.j gpg#1 C A L A N u S N t7 hs m A un� � - q ' gs -Iarr•�tt nt,, 'vllater Lines v A b WATER TANK � ft 1io ►I� t.._.._.._ ._.._.._.._..I Legend 4amett c—"Y j .. _...._. "v—, unu I I I j c4pF PZ4R 11 /1 fR GENERAL W&S UTILITY MAP LILLINGTON HARNETT CO. DPU HARNFTT COUNTY,NC is 7 • • • US 40 Town of Lilfington Wastewater Lines Attachment L Section 6, Bi Section 4, d WATER TREATMENT PLANT tU N� Attachment 3 Section 6, B.ii SR 1434 Bruce Johnson C,qp" � caingl �vaatmmom. i tlanhol® N SR 143A Us Harnett. County ;Water &, 411 Wastewater Lines Bruce Johnson WATER TREATMENT PLANT ` Cq'e 1141, RltzR r"C is kBPS#1 _ r M.t. ter liner. ,And M.nh.lce Shaded Arc. indl..t.a gran t. receive saws eerdice f— County CHAPTER 82: WASTEWATER PRETREATMENT Section General Provisions 52.01 Purpose and policy 52.02 Definitions 52.03 Abbreviations Regulations 52.11 General discharge prohibitions 52.12 Federal categorical pretreatment standards 52.13 Specific pollutant limitations 52.14 State requirements 52.15 Right of revision 52.16 Excessive discharge 52.17 Accidental discharges Fees 52.21 Purpose 52.22 User charges 52.23 Surcharges 52.24 Pretreatment program administration charges A&nhtk&afion 52.31 Wastewater dischargers 52.32 Wastewater contribution permits 52.33 Public notice 52.34 Response to public notice 52.35 Meetings and hearings 52.36 Final action on significant industrial user permit applications 52.37 Notification of applicants 52.38 Monitoring facilities 52.39 Inspection and sampling 52.39.01 Pretreatment 52.39.02 Confidential information E}tforcement 52.41 Administrative remedies. 52.42 Civil penalties. Page 14 15 18 19 20 20 21 21 21 23 23 23 23 24 24 24 27 28 29 29 31 31 31 32 32 33 34 a • 1� u 13 Public Works )n Page 2.43 Judicial remedies 34 2.44 Other remedies 35 2.45 Upset provision 35 2.51 Severability 36 • Conf7rct 2.61 Conflict 36 EErecdve Date 2.71 Effective date GFVEFifiL PROVISIONS Il PURPOSE AND POLICY. 01 k) This chapter sets forth uniform requirements for direct and indirect contributors into the !water collection and treatment system for the Town of Lillington, hereafter referred to as the town, nables the town to comply with all applicable State and Federal laws required by the Clean Water 11977 and the General Pretreatment Regulations (40 CFR, Part 403) B) The objectives of this chapter are: (1) To prevent the introduction of pollutants into the municipality wastewater system which will Bre with the operation of the system or contaminate the resulting sludge; (2) To prevent the introduction of pollutants into the municipal wastewater system which will through the system, inadequately treated, into receiving water or the atmosphere or otherwise be ipatible with the system; (3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; • (4) To provide for equitable distribution of the cost of the municipal wastewater system. C) This chapter provides for the regulation of direct and indirect contributors to the municipal twater system, through the issuance of permits to certain non -domestic users and through cement of general requirements for the other users, authorizes monitoring and enforcement ties, require user reporting and provides for the setting of fees far the equitable distribution of costs .ing from the program established herein. Wastewater Pretreatment 15 (D) This chapter shall apply to the town and to persons outside the town, who are, by permit or agreement with the town, users of the town publicly owned treatment works. Except as otherwise provided herein, the POTW Director shall administer, implement and enforce the provisions of this chapter. (Ord., passed - - 90) § 52.02 DEFINITIONS. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated: AC7br =ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. APPROVAL AUTHORITY. The Director of the Division of Environmental Management of the North Carolina Department of Natural Resources and Community Development. AUTHORIZE REPRESEIII7477VE OFANZMUS7RiAL USER An authorized representative of an • Industrial User may be: (1) A principal executive officer of at least the level of vice-president, if the Industrial User is a corporation; (2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. BIOCh=C.3L OXYGEN DEBMAV (BOD). The quantity of oxygen utilized in the biochemical .oxidation of organic matter under standard laboratory procedure, five days at 20° C expressed in terms of weight and concentrate (milligrams per liter (mg/1)). BUILDING SEWER A sewer conveying wastewater from the premises of a user to the POTW. CATEGORICAL STANDARDS. National categorical pretreatment standards or pretreatment standard. COOLING PATER The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. CONTROL AUTHORITY. The term CONTROL AUTHORITY shall refer to the APPROVAL AUTHORITY, defined hereinabove; or the POTW Director of the town upon approval of the town's pretreatment program DIRECT DISC7MGE The discharge of treated or untreated wastewater directly to the waters of the State of North Carolina. MVMONMEN`TAL PROTEC770NAGENCY, 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. GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. Public Works 'OLDING TANZWASTE Any waste from holding tanks such as vessels, chemical toilets, campers, • s, septic tanks, and vacuum -pump tank trucks. DDIRECT DISCHARGE The discharge or the introduction of non -domestic pollutants from any regulated under section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including .g tank waste discharged into the system). VDUSTRML USER A source of indirect discharge which does not constitute a 'Uischarge of ants" under regulations issued pursuant to section 402, of the Act. (33 U.S.C. 1342). VTZ FERE7Vt:_ The inhibition, or disruption of the POTW treatment process or operations which butes to a violation of any requirement of the POTW's NPDES permit. The term includes prevention rage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or iteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those fined in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to ethod of disposal or use employed by the POTW. MY Is permissive. EA77ONAL CATEGORICAL PRETREATAIEW STANDARD or CATEGORICAL. Any regulation fining pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of ;t (33 U.S.C. 1347) which applies to a specific category of industrial users. 1A77OAAL POLL U77ON 12MCHARGE EZLMNA 77ON SYSTEM o r NPDESPERMIT. A permit issued ant to section 402 of the Act (33 U.S.C. 1342), or pursuant to G.S. 143-215.1 by the State under ation from EPA fATIONAL PROHIBITIVEDISCb ARCX STANDARD or PROPIIBITIVEDISCHARGE STANDARD. Any ition developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. MW SOURCE. Any source, the construction of which is commenced after the publication of )sed regulations prescribing section 307(C) (33 U.S.C. 1317) categorical pretreatment standards will be applicable to such source, if such standard is thereafter promulgated within 120 days of • )sal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, source means any source, the construction of which is commenced after the date of promulgation standard. ?LRSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, s or assigns. The masculine gender shall include the feminine, the singular shall included the plural indicated by the context. 'h. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in s per liter of solution. IOLLU770N. The man-made or man -induced alteration of the chemical, physical, biological, and logical integrity of water. Wastewater Pretreatment 17 POLLUTANT. Any "waste" as defined in G.S. § 143-213 (13) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. P07W DIRECTOR. The Town Manager of Lillington. 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 to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR Section 403.6(d). PRETREATMENT PROGRAM The program for the control of pollutants introduced into the POTW • from non -domestic sources which was developed by the town in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by G.S. § 143-215.3(a)(14) in accordance with 40 CFR 403.11 and as authorized by G.S. 143-215.3(a)(14). PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user. PUBLICLY -OWNED TREATMENT WORKS (POTW). A treatment works as defined by section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the town. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the town who are by contract or agreement with the town, users of the town's POTW. POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater. SHALL. Is mandatory. M SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater disposal system who has a process wastewater now of 50,000 gallons or more per average work day, or contributes more than 5% of any design or treatment capacity of the wastewater treatment plant receiving the discharge, or is required to meet a National Categorical Pretreatment standard, or is found by the town, the Division of Environmental Management or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. STANDARD flVDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987. STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom. • 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. Public Works SUPERLVTENDENT. The person designated by the town to supervise the operation of the icly-owned treatment works and who is charged with certain duties and responsibilities by this le, or his duly authorized representative. TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations iulgated by the administrator of the Environmental Protection Agency under the provision of CWA i) or other Acts. USER. Any person who contributes, causes or permits the contribution of wastewater into the .'s POTW. WASTEWATER. The liquid and water -carried industrial or domestic wastes from dwellings, mercial buildings, industrial facilities, and institutions, together with any groundwater, surface r, and storm water that may be present, whether treated or untreated, which is contributed into ermitted to enter the POTW. WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourse, waterways, wells, igs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations ater, surface or underground, natural or artificial, public or private, which are contained within, through, or border upon the state or any portion thereof. WASTEWATER CONTRIBUTION PERMIT. As set forth in § 52.32. .., passed - - 90) • .03 ABBREVIATIONS. The following abbreviations shall have the designated meanings: BOD — Biochemical Oxygen Demand. CFR — Code of Federal Regulations. COD — Chemical Oxygen Demand. EPA — Environmental Protection Agency. . 1 — Liter. mg — Milligrams. mg/1 — Milligrams per liter. NPDES — National Pollutant Discharge Elimination System POTW — Publicly -Owned Treatment Works. SIC — Standard Industrial Classification. SWDA — Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. USC — United States Code. TSS — Total Suspended Solids. TKN — Total Kjeldahl Nitrogen. WWTP — Wastewater Treatment Plant. I., passed - - 90) Wastewater Pretreatment 19 RECUIJITIONS § 52.11 GENERAL DISCHARGE PROHIBITIONS. (A) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or a performance of the POTW. 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. A user shall not contribute the following substances to any POTW: (1) Any liquids; solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. 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 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the town, the state, or EPA has notified the user is a fire hazard or a hazard to the system. (2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refuting, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. 62 (3) Any wastewater having a pH of less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act. (5) Any noxious or malodorous liquids, gases, or solids 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. (6) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, scum, or sludge, 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 criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to 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. Public Works (7) Any substance which will cause the POTW to violate its NPDES and/or state disposal n permit or the receiving water quality standards. (8) Any wastewater with objectionable color not removed in the treatment process, such as, tt limited to, dye wastes and vegetable tanning solutions. (9) Any wastewater having a temperature which will inhibit biological activity in the POTW tent plant resulting in interference, but in no case wastewater with a temperature at the introduction ne POTW which exceeds 40' C (104' F) unless the POTW treatment plant is designed to nmodate such temperature. (10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow nd/or pollutant concentration which a user knows or has reason to know will cause interference POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of ants that exceed for any time period longer than 15 minutes more than five times the average 24- :oncentration, quantities, or flow during normal operation. (11) Any wastewater containing any radioactive wastes or isotopes of such half-life or entration as may exceed limits established by the Town Manager in compliance with applicable or federal regulations. (12) Any wastewater which causes a hazard to human life or creates a public nuisance. 3) When the Town Manager determines that a user is contributing to the POTW, any of the above erated substances in such amounts which may cause or contribute to Interference of POTW .tion, the Town Manager shall: advise the user of the potential impact of the contribution on the 7; and develop effluent limitation(s) for such user to protect the POTW from interference. passed - - 90) 2 FEDERAL CATEGORICAL PRETREATMENT STANDARDS. fpon the promulgation of the federal categorical pretreatment standards for a particular industrial ttegory, the federal standard, if more stringent than limitations imposed under this chapter for es in that subcategory, shall immediately supersede the limitations imposed under this chapter. OTW Director shall notify all affected users of the applicable reporting requirements under 40 CFR, )n 403.12. , passed - - 90) .3 SPECIFIC POLLUTANT LIMITATIONS. A) Unless authorized by a permft issued under § 52.32 no person shall discharge wastewater .fining pollutants at:levels which exceed the levels associated with domestic sewage. For the ,ring parameters exceeding domestic sewage levels shall mean in excess of: Wastewater Fret vau=t don Pallutant 250 mg/1 BOD 250 mg/1 TSS 40 mg/1 TKN 0.003 mg/1 arsenic 0.003 mg/1 cadmium 0.061 mg/l copper 0.041 mg/1 cyanide 0.049 mg/1 lead 0.0003 mg/1 mercury 0.021 mg/1 nickel 0.005 mg/1 silver 0.05 m9/1 total chromium 0.175 mg/1 zinc 21 (B) Domestic sewage levels for pollutants not listed above shall be determined by the Town Manager and shall be based on either actually measured local domestic sewage levels or literature values. (Ord., passed - - 90) u • E W • • § 82.14 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 chapter. (Ord., passed - - 90) § 82.18 RIGHT OF REVISION. The town reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation. (Ord., passed - - 90) § 32.16 EXCESSIVE DISCHARGE. 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 federal categorical pretreatment standards, or in any other pollutant specific limitation developed by the town or state. (Comment: Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 52.11, e.g., the Ph prohibition). (Ord., passed - - 90) Public Works I ACCIDENTAL DISCHARGES. 1.) Each user shall provide protection from accidental discharge of prohibited materials or other races regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials ;e provided and maintained at the owner or user's own cost and expense. Detailed plans showing as and operating procedures to provide this protection shall be submitted to the town for review, iall be approved by the town before construction of the facility. All existing users shall complete i plan by October 10, 1990. No user who commences contribution to the POTW after the effective f this chapter shall be permitted to introduce pollutants into the system until accidental discharge dunes have been approved by the town. Review and approval of such plans and operating dures shall not relieve the industrial user from the responsibility to modify the user's facility sary to meet the requirements of this chapter. In the case of an accidental discharge, it is the risibility of the user to immediately telephone and notify the Town Manager or Director of Public ; of the incident. The notification shall include location of discharge, type of waste, concentration plume, and corrective actions. 3) Written notice. Within five days following an accidental discharge, the user shall submit to the Manager, a detailed written report describing the cause of the discharge and the measures to be by the user to prevent similar future occurrences. Such notification shall not relieve the user of any ise, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish it any other damage to person or property; nor shall such notification relieve the user of any fines, ienalties, or other liability which may be imposed by this chapter or other applicable law. �) Notice to employees. A notice shall be permanently posted on the user's bulletin board or other nent place advising employees whom to call in the event of a dangerous discharge. Employers unsure that all employees who may cause or suffer such a dangerous discharge to occur are :d of the emergency notification procedure. passed - - 90) 11 PURPOSE. t is the purpose of this chapter to provide for the recovery of costs from users of the town's ewater disposal system for the implementation of the program established herein. The applicable les or fees shall be set forth in the town's schedule of charges and fees. , passed - - 90) 12 USER CHARGES. A) A user charge shall be levied on all users including, but not limited to, persons, firms, gyrations or governmental entities that discharge, cause or permit the discharge of sewage into the (1) The user charge shall reflect at least the cost of debt service, operation and maintenance iding replacement) of the POTW. Wastewater Pretreatment (2) Each user shall pay its proportionate cost. 23 (3) The Town Manager 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 Town Board for adjustments in the schedule of charges and fees as necessary. (4) Charges for flow to the POTW not directly attributable to the users shall be distributed among all users of the POTW. (Ord., passed - - 90) § 82.23 SURCHARGES. (A) All industrial users of the POTW are subject to industrial waste surcharges on discharges which exceed the following levels: don Pollutant 250 mg/l BOD 250 mg/l TSS 40 mg/1 TKN 0,003 mg/l arsenic 0.003 mg/l cadmium 0.061 mg/l copper 0.041 mg/1 cyanide 0.049 mg/l lead 0.0003 mg/l mercury 0.021 mg/l nickel 0.005 mg/1 silver 0.05 mg/1 total chromium • 0.175 mg/l zinc (B) The amount of surcharge will be based upon the mass emission rate (in pounds per day) discharged above the levels listed above. The amount charged per pound of excess will be set forth in the schedule of charges and fees. (1) 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: (a) Metered water consumption as shown in the records of meter readings maintained by the town; or (b) If required by the town 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 town. The metering system shall be installed and maintained at the users expense according to arrangements that may be made with the town. (c) where any user procures all or part of his water supply from sources other than the town, the user shall install and maintain at his own expense a flow measuring device of a type approved Public Works town. (2) The character and concentration of wastewater used in determining surcharges shall be pined by samples collected and analyzed by the town. Samples shall be collected in such a :r as to be representative of the actual discharge and shall be analyzed using procedures set forth ;FR Part 136. is The determination of the character and concentration of wastewater discharge by the Director or his duly appointed representatives shall be binding as a basis for charges. passed - - 90) 4 PRETREATMENT PROGRAM ADMINISTRATION CHARGES. i) The schedule of charges and fees adopted by the town may include charges and fees for: (1) Reimbursement of costs of setting up and operating the pretreatment program; (2) Monitoring, inspections and surveillance procedures; (3) Reviewing accidental discharge procedures and construction plans and specifications; (4) Permitting; (5) Other fees as the town may deem necessary to carry out the requirements of the atment program. passed - - 90) .4DAMMTRANON 1 WASTEWATER DISCHARGERS. shall be unlawful for any person to connect or discharge to the POTW without first obtaining the ssion of the town. passed - - 90) a WASTEWATER CONTRIBUTION PERMITS. • k) All significant industrial users shall obtain a significant industrial user permit prior to the iencement of discharge to the POTw. Existing industrial users who are determined by the POTW or to be significant industrial users shall obtain a significant industrial user permit within 180 days :eiving notification of the POTW Director's determination. Industrial users who do not fit the icant industrial user criteria may at the discretion of the POTW Director be required to obtain a !water contribution permit for non -significant industrial users. (1) 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. (2) Significant industrial user permit application. Users required to obtain a significant industrial user permit shall complete and file with the town, 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 52.32(A)(1) above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: (a) Name, address, and location, (if different from the address); (b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended; (c) Analytical data on wastewater constituents and characteristics including but not limited to those mentioned in §§ 52.11 through 52.17 and any of the priority pollutants (list any that apply) which • the applicant knows or suspects are present in the discharge as determined by a reliable analytical laboratory; 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; (d) Time and duration of contribution; (e) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; (0 Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any town, 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; (i) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest time schedule by which the user will provide such additional pretreatment; (j) Each product produced by type, amount, processor processes and rate of production; (k) Type and amount of raw materials processed (average and maximum per day); (1) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (m) Any other information as may be deemed by the POTW Director to be necessary to • ite the permit application. OTW Director will evaluate the data furnished by the user and may require additional information. (3) Application review and evaluation. (a) The POTW Director is authorized to accept applications for the town and shall refer plications to the POTW staff for review and evaluation. (b) Within 30 days of receipt the POTW Director shall acknowledge and accept the lete application; or if not complete, shall return the application to the applicant with a statement at additional information is required. (4) Tentative determination and draft permit. (a) The POTW staff shall conduct a review of the application and an on -site inspection of p ficant industrial user, including any pretreatment facilities, and shall prepare a written evaluation antative determination to issue or deny the significant industrial user permit. (b) If the staffs tentative determination in division (A) above is to issue the permit, the ring additional determinations shall be made in writing: 1. Proposed discharge limitations for those pollutants proposed to be limited; 2. A proposed schedule of compliance, including interim dates and requirements, for ng the proposed limitations; and 3. A brief description of any other proposed special conditions which will have icant impact upon the discharge described in the application. (c) The staff shall organize the determinations made pursuant to divisions (A) and (B) and the town's general permit conditions into a significant industrial user permit. • (5) Permit synopsis. (a) A fact sheet providing a brief synopsis of the application shall be prepared by the V staff for submission to the applicant, the approval authority and made available to the public upon :st. The contents of such fact sheets shall include at least the following information: 1. A sketch or detailed description of the industrial facilities and pretreatment fac ilities Sing the location of all points of discharge to the POTW and all established compliance monitoring 2. A quantitative description of the discharge described in the application which ies at least the following: a. The rate or frequency of the proposed discharge; if the discharge is nuous, the average daily flow; b. 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 c. The basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards. (Ord., passed - - 90) § B2.33 PUBLIC NOTICE. (A) Notice of application. (1) Public notice of each complete application shall be circulated in the geographical areas of the proposed discharge by the Town Manager at least 45 days prior to any proposed final action: (a) By publishing the notice one time in a newspaper having general circulation in the service area of the POTW, and (b) By mailing to all interested persons or agencies, as required in § 52.33(C). (2) The notice shall set forth at least the following: (a) Name, address, phone number of agency issuing the public notice; (b) Name and address of each applicant; (c) Brief description of each applicant's activities or operations which result in the discharge described in the application indicating whether the discharger is new or existing. (d) Name of the WWTP into which each discharge is made and a short description of the waterway into which the WWTP discharges; (e) A statement of the tentative determination to issue or deny the permit for the discharge described in the application; (f) A brief description of the procedures for the formulation of final determinations, including a 30-day comment period and any other means by which interested persons may influence or comment upon the determinations; and (g) Address and phone number of premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the fact sheet and inspect and copy application forms and related documents. Copies of the fact sheet shall be made available free upon request. Copies of the information on file, other than fact sheets, will be made available upon request and payment of the cost of reproduction. (B) Notice of public meeting. (1) Notice of public meeting on any permit application shall be circulated in the Lillington area by the Town Manager at least 30 days prior to the date of the meeting: (a) By publishing the notice one time in a newspaper having general circulation in the a area of the POTW; (b) By mailing to all persons and government agencies which received a copy of the notice fact sheet for the application; and (c) By mailing to any person or group upon request. (2) The contents of public notice of any meeting shall include at least the following: (a) Name, address, and phone number of agency holding the public meeting; (b) Name and address of each applicant whose application will be considered at the tg; (c) Name of the WwTP to which each discharge is made and short description of the Nay into which the WPVTP discharges; (d) Abrief reference to the public notice issued for each application including identification ar and date of issuance; (e) Information regarding the time and location for the meeting; (f) The purpose of the meeting; (g) A concise statement of the issues raised by the persons requesting the meeting; (h) Address and phone number of premises at which interested persons may obtain further cation, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy and related documents; and (i) A brief description of the nature of the meeting including the rules and procedures to towed. The notice shall also state that additional information is on file with the town hall and may ;pected at any time during normal working hours. Copies of the information on file will be made ble upon request and payment of cost of reproduction. 3) Mailing lists. Any person may request to receive copies of all notices required under this n and the Town Manager shall mail such notice to any such person. The Town Manager shall also iotice to the following: (1) The North Carolina Division of Environmental Management; and (2) Any other federal, state or local agency upon request. passed - - 90) 0 • 4 RESPONSE TO PUBLIC NOTICE. 10 Any person who desires a public meeting on any permit application shall so request in writing to the Town Manager within 30 days following the publication date of the notice of application. The Town 67 Manager shall consider all such requests for meeting and, if he determines there is a significant public interest pertaining to water quality impacts or uses of the waters, shall issue public notice of meeting. (B) All comments received within 30 days following the publication date of the notice of application shall be considered by the Town Manager prior to taking final action on the application. (Ord., passed - - 90) § B2.38 MEETINGS AND HEARINGS. (A) Public meetings. The Town Board shall provide an opportunity for the applicant, any affected state, the approval authority, or any interested agency, person, or group of persons to request or petition for a public meeting with respect to permit applications. Any such request or petition for public meeting shall be filed within 30 days of the date of notice and shall indicate the interest of the party filing such request and the reasons why a meeting is warranted. The Town Board shall hold a meeting if there is a significant public interest (including the filing of requests or petitions for such meeting) in holding such a meeting. Instances of doubt shall be resolved in favor of holding the meeting. Any meeting brought • pursuant to this division (A) shall be held in Lillington at the discretion of the Town Manager, and may, as appropriate, consider related groups of permit applications. (B) Adjudicatory hearings. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, 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 contended, to the POTW Director within 30 days following receipt of the significant industrial user permit. Unless such demand is made, the decision on the application shall be final and binding. (C) Appeal hearings. Any decision of a hearing officer made as a result of an adjudicatory hearing held under division (B) above may be appealed, to the Town Board upon filing a written demand within ten days of receipt of notice of the decision. Hearings held under this division shall be conducted in accordance with procedures utilized for appeals in the § 150.34 in the Unsafe Building subchapter. (D) Any person against whom a final order or decision of the Town Board is entered pursuant to the hearing conducted under division (C) above may appeal from the order or decision of the order within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, to the Superior Court of Harnett County. Upon such appeal the town shall send a transcript certified by the Town Board of all testimony and exhibits introduced before the Board, the order or decision, and the notice of appeal to the Superior Court. (Ord., passed - - 90) § 82.36 FINAL ACTION ON SIGNIFICANT INDUSTRIAL USER PERMIT APPLICATIONS. (A) The POTW Director shall take final action on all applications not later than 90 days following receipt of a complete application. (B) The Director is authorized to: (1) Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this chapter and G.S. § 143-215.1; • (2) Issue a significant industrial userpermitcontammgtime schedules for achieving compliance Ih applicable pretreatment standards and requirements; (3) Modify any permit upon not less than 60 days notice and pursuant to §. 52.36(C); (4) Revoke any permit pursuant to § 52.41; (5) Suspend a permit pursuant to § 52.41; (6) Deny a permit application when in the opinion of the Town Manager such discharge may use or contribute to pass -through or an upset of the wastewater treatment plant or where necessary effectuate the purposes of G.S. § 143-215.1. (C) Permit modification. . (1) Modifications of permits shall be subject to the same procedural requirements as the uance of permits except as follows: (a) Modifications of the monitoring program contained in the permit; (b) Changes in the ownership of the discharge when no other change in the pemut is hcated; (c) A single modification of any compliance schedule not in excess of four months; (d) Modification of compliance schedules (construction schedules) in permits for new urces where the new source will not begin to discharge until control facilities are operational. ,y changes or new conditions in the permit shall include a reasonable time schedule for compliance. (2) Within 9 months of the promulgation of a national categorical pretreatment standard, the istewater contribution permit of users subject to such standards shall be revised to require compliance th such standard within the time frame prescribed by such standard. Where a user, subject to a • tional categorical pretreatment standard, has not previously submitted an application for a wastewater ntribution permit as required by § 52.32(A) (2) the user shall apply for a wastewater contribution permit thin 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 quired by G.S. § 143-215.1(b) for modifications. (D) Permit conditions. The POTW Director shall have the authority to grant a permit with such -nditions attached as he believes necessary to achieve the purpose of this chapter and G.S. § 143-215.1 ch conditions shall include but are not limited to the following: (2) A statement of duration (in no case more than five years); (2) A statement of non -transferability; (3) Applicable effluent limits based on categorical standards or local limits or both; Fs (4) Applicable monitoring and reporting requirements; (5) Notification requirements for slug discharges as defined by 40 CFR Part 403.5(b) a; and, (6) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements. (E) Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. (F) Permit transfer. Wastewater discharge 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. (Ord., passed - - 90) § 82.37 NOTIFICATION OF APPLICANTS. The Town Manager shall notify an applicant by certified or registered mail of the final decision of the applicant's permit application. Notifications of denial shall specify the reasons therefor and the proposed changes which in the opinion of the Town Manager will be required to obtain the permit. (Ord., passed - - 90) § B2.38 MONITORING FACILITIES. (A) The town 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 town 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. (B) 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. (C) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the town. (Ord., passed - - 90) § 52.39 INSPECTION AND SAMPLING. The town will inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where water is created or discharged shall allow the town or their representative ready access at all nable times to all parts of the premises for the purposes of inspection, sampling, records ,nation or in the performance of any of their duties. The town, approval authority and EPA shall have IN to set up on the user's property, such devices as are necessary to conduct sampling inspection, Hance monitoring and/or metering operations. Where a user has security measures in force which l require proper identification and clearance before entry into their premises, the user shall make sary arrangements with their security guards so that upon presentation of suitable identification, nnel from the town, approval authority and EPA will be permitted to enter, without delay, for the -ses of performing their specific responsibilities. passed - - 90) 3.01 PRETREATMENT. A) Users shall provide necessary wastewater treatment as required to comply with this chapter, :water contribution permits issued under § 52.32(A) and shall achieve compliance with all federal orical pretreatment standards within the time limitations as specified by the POTW Director. Any ies required to pretreat wastewater to a level acceptable to the town shall be provided, operated, taintained at the user's expense. Detailed plans showing the pretreatment facilities and operating :dunes shall be submitted to the town for review, and shall be acceptable to the POTW Director e construction of the facility. The review of such plans and operating procedures will in no way e the user from the responsibility of modifying the facility as necessary to produce an effluent sable to the town under the provisions of this chapter. Any subsequent changes in the pretreatment ies or method of operation shall be reported to and be acceptable to the POTW Director prior to >er's initiation of the changes. B) All records relating to compliance with pretreatment standards shall be made available to ils of the approval authority and EPA upon request. , passed - - 90) 19.02 CONFIDENTIAL INFORMATION. A) Information and data on a user obtained from reports, questionnaires, permit applications, its and monitoring programs and from inspections shall be available to the public or other mmental agency without restriction unless the user specifically requests and is able to demonstrate : satisfaction of the POTW Director that the release of such information would divulge information, asses or methods of production entitled to protection as trade secrets of the user. B) When requested by the person furnishing a report, the portions of a report which might disclose secrets or secret processes shall not be made available for inspection by the public but shall be available upon written request to governmental agencies for uses related to this Ordinance, the nal Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or retreatment Programs; provided, however, that such portions of a report shall be available for use e State or any state agency in judicial review or enforcement proceedings involving the person ;hing the report. Wastewater constituents and characteristics will not be recognized as confidential nation. • • is (C) Information accepted as confidential, shall not be transmitted to any governmental agency by the town until and unless a ten-day notification is given to the user. (Ord., passed - - 90) qua•; «������� § 82.41 ADMINISTRATIVE REMEDIES. (A) Notification of violation. Whenever the POTW Director fords that any industrial user has violated or is violating this chapter, wastewater contributor permit, or any prohibition, limitation or requirements contained therein, 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, a plan for the satisfactory correction thereof • shall be submitted to the town by the user. Submission of this plan does not relieve the discharger of the 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 § 52.41(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 chapter or is in noncompliance with a wastewater contributor permit to show cause why a proposed enforcement action should not be taken. 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 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. POTW Director's final decision shall be to either proceed with the proposed enforcement action or to modify the action. Such modification may include but is not limited to the issuance of an order to the industrial user directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenance shall have been installed and are properly operated. Further orders and directives as are necessary and appropriate may be issued. (D) Administrative orders. When the POTW Director fords that discharge violates the prohibitions or effluent limitations of this chapter, or those contained in any permit issued hereunder, the POTW Director may issue an order to cease and desist, and direct those persons in noncompliance to: (1) Comply forthwith; (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. ,) Emergency suspensions. (1) The POTW Director may suspend the wastewater treatment service and/or wastewater when such suspensions is necessary in order to stop an actual or threatened discharge which its or may present an imminent or substantial endangerment to the health or welfare of persons environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES (2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the of suspension to determine whether the suspension may be lifted or the user's waste discharge terminated. In the event of a failure of the person to comply voluntarily with the suspension order, )TW Director shall take such steps as deemed necessary including immediate severance of the connection, to prevent or- minimize damage to the POTW system or endangerment to any luals. The POTW Director shall reinstate the wastewater permit and the wastewater treatment 3 upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a :d written statement describing the causes of the harmful contribution and the measures taken to it any future occurrence to the POTW Director prior to the date of the above -described hearing, ) Termination of permit. Any user who violates the following conditions of this chapter, or able state and federal regulations, is subject to having its peintit terminated: (1) Failure to factually report the wastewater constituents and characteristics of his discharge; (2) Failure to report significant changes in operations, or wastewater constituents and :teristics; (3) Refusal or reasonable access to the user's premises for the purpose .of inspection or )ring; or, is(4) Violation of conditions of the permit. passed - - 90) 3 CIVIL PENALTIES. ,ty user who is found to have failed to comply with any provision of this chapter, or the orders, regulations and permits issued hereunder, shall be lined up to $5,000 for each offense. Each day ich a violation shall occur or continue shall be deemed a separate and distinct offense. Such :ments may be added to the user's next scheduled sewer service charges and the POTW shall ;uch remedies for the collection of such assessments as it has for collection of other service -as. passed - - 90) 3 JUDICIAL REMEDIES. any person discharges sewage, industrial wastes or other wastes into the wastewater disposal 1 contrary to the provisions of this chapter or any order or permit issued hereunder, the POTW or, through the Town Attorney, may commence an action for appropriate legal and/or equitable 70 relief in the General Court of Justice for Harnett County. (A) Criminal violations. Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, shall be, upon conviction guilty of a misdemeanor, punishable by a fine or imprisonment or both as provided in G.S. § 14-4. (B) Penalties for falsifying information. Any person who knowingly makes any false statements, representations or certifications in an application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. (C) Injunctive relief. Whenever an industrial user is in violation of the provisions of this chapteror an order or permit issued hereunder, the POTW Director, through the Town Attorney, may petition the General Court of Justice for the issuance of a preliminary or permanent injunction, or both as may • be appropriate, which restrains or compels the activities in question. In the event the POTW chooses to correct the violation itself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person(s) causing the violation. The POTW shall have such remedies for the collection of such costs as it has for the collection of other sewer service charges. (Ord., passed - - 90) § $2.44 OTHER REMEDIES. (A) Annual publication of reportable noncompliance. At least annually, the POTW Director will publish in the largest daily newspaper circulated in the service area, a list of those industrial users which are found to be in significant violation, as defined by Section .0903(b)(10) of the NRCD rules, with this chapter or any order or permit issued hereunder, during the 12 months period since the previous publication. (B) Water supply severance. Whenever an industrial user is in violation of the provisions of this chapter, 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 consistent compliance. (C) Public nuisances. Any violation of the prohibitions or effluent limitations of this chapter or contained in 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 creating a public nuisance shall be subject to the provisions of the town code and any applicable ordinances of the town governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance. (Ord., passed - - 90) § 52.45 UPSET PROVISION. (A) Any discharge which experiences an upset in operations which places the dischargers in a temporary state of noncompliance with this chapter shall inform mmthe POTW Director thereof is iediately following first awareness of the commencement of the upset. Where such information is orally, a written follow-up report thereof shall be filed by the discharger within five days. The t shall specify; (1) Description of the upset, the cause thereof and the upset's expected impact on the arger's compliance status; (2) Duration of noncompliance, including exact dates and times of noncompliance, and if the )mpliance is continuing, the time by which compliance is reasonably expected to occur. (3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an or other conditions of noncompliance. B) A documented and verified operating upset, demonstrated as required by 40 CFR 403.16(c) constitute an affirmative defense to any enforcement action brought by the POTW Director st the discharger for any noncompliance with this chapter, or an order or permit 3hereunder, which arises out of violations alleged to have occurred during the period of the , passed - - 90) SEVERABILITY it SEVERABILITY. f any provision, paragraph, word, section or article of this chapter is invalidated by any court of .)etent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not fected and shall continue in full force and effect. , passed - - 90) CONFLICT 6I CONFLICT. 411 other ordinances and parts of other ordinances inconsistent or conflicting with any part of this ter are hereby repealed to the extent of such inconsistency or conflict. ., passed - - 90) EFFECTIVE DATE is 71 EFFECTIVE DATE. Phis chapter shall be in full force and effect on llth day of September, 1990. ., passed - - 90) Repl. Public Works APPENDIM APPLICATION AND PERMM FORMS 71 • >n Industrial Sewer Connection Application Wastewater Discharge Permit NDUSTRIAL SEWER CONNECTION APPLICATION. idustrial Sewer Connection Application shall be in the following form 3 Town of Lillington: ndersigned being the of the property located at does hereby request a permit to connection serving , which company is engaged in at said location. an industrial A plan to the property showing accurately all sewers and drains now existing is attached here - Ls Exhibit 'A". Plans and specifications covering any work proposed to be performed under this permit is .ed hereunto as Exhibit 'B ". A complete schedule of all process waters and industrial wastes produced or expected to be ced at said property, including a description of the character of each waste, the daily volume and ium rates of discharge, representative analyses, and compliance with any applicable Pretreatment 3rd or Requirements, is attached hereunto as Exhibit 'C". The name and address of the person or firm who will perform the work covered by this permit Lsideration of the granting of this permit the undersigned agrees: To furnish any additional information relating to the installation or use of the industrial sewer dch this permit is sought as may be requested by the Town To accept and abide by all provisions of Ordinance No. of the Town of Lillington, and ether pertinent Ordinances or regulations that may be adopted in the future. To operate and maintain any waste pretreatment facilities, as may be required as a condition • acceptance into the wastewater treatment system of the industrial wastes involved, in an efficient :r at all times, and at no expense to the Town. 4. To cooperate at all times with the Town and his representatives in their inspecting, sampling. and study of the industrial wastes, and any facilities provided for pretreatment. S. To notify the Town immediately in the event of any accident, or other occurrence that occasions contributor to the wastewater treatment system of any wastewater or substances prohibited or not covered by this permit. Date: Signed $ inspection fee paid Application approved and permit granted: Date: Signed (Ord. 17A, passed 6-10-86) • § 2. WASTEWATER DISCHARGE PERNIIT. A Wastewater Discharge Permit shall be in the following form WASTEWATER DISCHARGE PERMIT TOWN OF LILLINGTON WASTEWATER DISCHARGE PERMIT Permit No. In accordance with all terms and conditions of the Code, Part J Article _ Section . et seq., and also with any applicable provisions of Federal or state law or regulation; Permission Is Hereby Granted To Classification by SIC No. For the contribution of into the Town of sewer lines at 72 Public Wort® .'his permit is granted in accordance with the application filed on of the ( ) and in conformity with plans, spec itted to the (-j in support of the above application, all of which are file( A this permit, together with the following named conditions and requires Effective this _ day of . 19_ To Expire _ day of . 19_ Town Manager Lindtations on Wastewater Stn Parameters (mg/) Ma3dnant Concentration (m0/) 24-hour Flow Proportional Composite Sample huxim Concet Pr- Aluminum -dissolved (AI) Antimony (Sb) Arsenic (As) Barium (Ba) Borom (B) Cadmium (Cco Chromium -total (Cr) Chromium-hexavalent (Cr6') - Cobalt (Co) Copper (Cu) Cyanide (CM Fluoride (F) ' Iron (Fe) Lead (Pb) Manganese (Mn) Mercury (Hg) Nickel (NO Phenols Selenium (Se) Silver (Ag) Titanium -dissolved (TB Zinc (Zn) Total )Geldahl Nitrogen (TKN) Oil & Crease (Petroleum &/or mineral) MBAS Total Dissolved Solids Temperature -maximum (degrees C) 0 u