Rates & Fees

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Section 8.10.       Service Discontinuations.   The District may discontinue wastewater collection service to a User when a User violates these Rules and Regulations, the Water System Rules or the County Sewer Use Ordinance.  When service is discontinued, if a water customer of the District, discontinuance shall be through discontinuance of water service.  Otherwise, discontinuance shall be by written notice to the User who shall cease discharging wastewater into the System within five (5) days after the notice is mailed by the District to the User at the User’s billing address.  Any User who disagrees with the Director’s determination of discontinuance pursuant to this section may, within five (5) days of mailing of the above-referenced notice, appeal the decision of the Director to the District.  The District will hear the appeal at its next regularly scheduled meeting, unless the District determines to hold an earlier special meeting to consider the appeal.  Upon filing of the appeal, waste water collection service shall continue to be provided by the District unless the Director determines that the continuation of service presents an eminent and substantial danger to the public health and welfare or is likely to cause disruption, inhibition or damage to the System or the County Treatment Facilities.  If such determination is made by the Director, the District shall be required to hold a special meeting and consider the appeal within five (5) days after it is made unless a regularly scheduled meeting of the District falls within the five-day period.  At the hearing of the appeal, if it is determined that no violation has occurred, service shall be restored at no cost to the User.  If it is determined that a violation has occurred, the District shall, within two days after hearing of the appeal, advise the User in writing of the steps required to be taken to remedy the violation and upon implementation of the required action, at the cost of the User and upon payment of applicable Penalties, service shall be restored.

 

Section 8.11.       Change of ownership.   The owner, as customer, of property served by the public sanitary sewer is responsible for all basic user charges incurred on their account until the District is notified of a change in ownership. Upon notification, the new owner of the property becomes the customer of the District and is responsible for all basic user charges incurred as of the later of the closing date of the sale or the date of notification by the owners.

 

 

Section 8.12.       One-Time Sewer Charges.

a.   Sewer service connection fees (tap fees). Sewer service connection fees (tap fees) shall be charged to cover the cost of providing a tap to the sewer lateral. Tap fees shall be in the amounts stated in the Fee Schedule subject to the following modifications:

(1)An owner may have tap installed by a North Carolina licensed utility contractor, provided he:

(a)Requests approval at the time of making application for connection to the public sanitary sewer.

(b)Gives five (5) days' notice to the District of the date the tap is to be made.

(c)  Constructs the tap with materials specified by the District and installed by a North Carolina licensed utility contractor.

(d)Arranges for the presence of a District representative when the tap is made.

(e)Pays the tap fee according to the fee schedule, with the understanding that the District will refund the tap fee, less an administration/inspection fee, upon the owner's completion of the tap in an improved manner.

(2)During construction of the public sanitary sewer, the owner of an undeveloped residential or non-residential property may obtain a tap at the same rate as developed residential and non-residential property provided the following conditions are met:

(a)The property must be adjacent and contiguous to or must front upon a proposed District sewer line.

(b)The property owner must request in writing that a tap be placed on the undeveloped property.

(3)If a developer, as owner, installs the tap to the public sanitary sewer for the development, the developer or subsequent owner of each property in the development will only incur applicable fees.

(4)Rental property or property on the market for sale may be connected to the public sanitary sewer at the cleanout only by a licensed plumber.

b.   Sewer Transmission Capital Recovery Fee. All new development and non-residential development obtaining a permit shall pay this fee specified in Section 8.8, based on average daily flow. Swimming pools will be exempt from the treatment plant capacity fee. Average daily flow for the purposes of these fees shall be determined as follows:

(1)Residential unit. For a residential unit, see Section 8.8.

(2)Non-residential unit. For a non-residential unit, flow criteria as recommended by the NC Division of Water Quality, or equivalent, for sewer system requirements. If a flow is not specified by the NC Division of Water Quality, or equivalent, for a particular usage, the flow shall be based on water usage of similar facilities as determined by the District.

(3)Non-residential unit (industrial wastewater). Industries that generate industrial wastewater, have a National Pollutant Discharge Elimination System (NPDES) permit, and maintain a wastewater treatment facility with capacity sufficient to cover the average daily wastewater flow may be exempted from this  fee by the Board of  Commissioners based on these and other criteria. This section does not exempt any non-process domestic wastewater. When the District’s wastewater system becomes available to a non-residential unit having industrial wastewater, this fee shall be paid prior to connection.

 

Section 8.12.       Base Charges.

(a)Established. Base charges (base fees) shall be as established in Section 8.10. The charges and fees developed in accordance with the provisions of this section.

(b)Flat rate option for residential property. The owner of residential property occupied with only one (1) structure served by a sewer line that does not have access or is not available to a public water supply, may pay a flat monthly rate in lieu of metered rates. If the owner initially chooses a flat rate, the owner may change to a metered rate at any time; however, the owner is allowed to change one and only one time from the initial application. The owner must pay an administration/inspection fee set from time to time and the cost of installation of meters, if applicable. If a meter does not function properly due to the owner's water quality (i.e. sand, oil, grease, etc.) and the meter has been replaced twice, the District may remove the meter and charge the flat rate.

(c)  Metered rate option for all other property. All residential property owners not eligible for the flat rate option, all commercial and industrial properties, and all other properties shall be charged based on metered rates. Metered rates shall be either residential or non-residential rates. The owner shall pay an administration/inspection fee set from time to time. If a meter does not function properly due to the owner's water quality (i.e. sand, oil, grease, etc.) and the meter has been replaced twice, the District may remove the meter and charge the flat rate.

 

Section 8.13.       Extra-Strength Wastewater Surcharges.

(a)Standard-strength wastewater shall be defined as that wastewater having a maximum BOD⁵, COD, suspended solids and ammonia nitrogen concentration as referenced in the rate schedule currently in force.

 (b)      Industrial wastewater surcharges shall be assessed to any industrial users discharging wastewater, including constituents, at a concentration exceeding any of the limits established in this regulation. The surcharge rate shall be as set forth in Section 8.5.

 

Section 8.14.       Specific Fees.

 a.  Sewer service connection fees (tap fees).

(1)Whenever the District constructs sewer collection lines into a new service area, all development is required to connect to the sewer within three (3) months of the initial availability of the sewer system. During the three (3) month period the residential and non-residential tap fees shall be as follows for a lot on which is situated a structure requiring waste disposal:

(a)For four (4) inch and six (6) inch taps, installation cost shall be as set from time to time and contained in the District’s fee schedule as adopted by the Board of Commissioners.

Provided, however, a vacant lot for which a sewer tap is installed shall pay the above-referenced tap fees regardless whether application is made within the initial three (3) months of sewer availability.

(b)For eight (8) inch and larger, installation cost shall be estimated by the District and paid at time of application. Taps for eight-inch and larger only include the actual connection to the collection system.

(2)All development shall pay tap fees set from time to time as adopted by the Board of Commissioners, except development that complies with either subsection a(1) in this section or Section 8.2a(2).

b.   Basic user charges (user fees). User fees consist of the sum of a fixed fee plus gallonage rate as set from time to time and adopted by the Board of Commissioners contained in a schedule of rates and fees.

c.   Base service fee.  This fee shall be charged to all customers available and accessible to the District’s sewer collection system.  For collection systems installed in developments where dwelling structures existed prior to the construction of the sewer system, this fee shall be charged to all applicable properties deemed accessible and available to the District’s sewer collection system three (3) months from the date the sewer system is made available for use, or upon initiation of service, whichever is less. For trailer parks, fee will be determined by the amount of lots on the County permit.

d.   Cost of installation of meters. The cost of installation of meters shall be as set from time to time by the Board of Commissioners and contained in a schedule of rates and fees.

e.   Capital Recoveryfee. This fee shall be as set from time to time by the Board of Commissioners and contained in a schedule of rates and fees. This fee will be determined as specified in Section 8.2b; however, the minimum fee will not apply in the following circumstances:

 (1)  Permits for new development where there is no plumbing in the entire structure. If plumbing is added later, the fee for new development will apply.

f.    Other charges.

(1)Administration fees. An administration fee shall be as set from time to time by the Board of Commissioners and contained in a schedule of rates and fees. The fee is applicable in the following specific situations (not all inclusive):

 (a)  Setting up a new account.

(2)   Cancellation penalty. The cancellation penalty shall be ten (10) percent of all applicable impact fees paid, with a minimum penalty set from time to time by the Board of Commissioners and contained in a schedule of rates and fees.

 

Section 8.15.       Pretreatment Program Administration Charges.  The schedule of charges and fees adopted by the District may include charges and fees for:

 

a.    Reimbursement of costs of setting up and operating the Pretreatment Program;

 

b.    Monitoring, inspections and surveillance procedures;

 

c.   Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications;

 

d.    Permitting;

 

e.    Other fees as the District may deem necessary to carry out the requirements of the Pretreatment Program.

 

 

ARTICLE IX

 

SEWER USE REQUIREMENTS.

 

 

      Section 9.1.   Prohibited Discharge Standards.

 

a.    General Prohibitions.  No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any National, State, or local pretreatment standards or requirements.

 

b.    Specific Prohibitions.  No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater:

 

(1)Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140ºF (60ºC) using the test methods specified in 40 CFR 261.21.

 

(2)  Solid or viscous substances in amounts that will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half (1/2) inch in any dimension.

 

(3)  Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

 

(4)Any wastewater having a pH less than 5.0 or more than 9.0 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment.

 

(5)  Any wastewater containing pollutants, including oxygen-demanding pollutants, (BOD, etc)

in sufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW.

 

(6)  Any wastewater having a temperature greater than 150ºF (55ºC), or that will inhibit biological activity in the POTW treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104ºF (40ºC).

 

(7)  Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

 

(8)  Any trucked or hauled pollutants, except at discharge points designated by the POTW Director/ Superintendent in accordance with Section 9.9 of this regulation.

 

(9)  Any noxious or malodorous liquids, gases, or solids or other wastewater that, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.

 

(10) Any substance that may cause the POTW’s effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under Section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, and the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.

 

(11)   Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plant's effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses.

 

(12)   Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Utilities Director/Superintendent in compliance with applicable State or Federal regulations.

 

(13)   Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, de-ionized water, non-contact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Utilities Director/Superintendent.

 

(14)   Fats, oils, or greases of animal or vegetable origin in concentrations greater than one hundred (100) mg/l.

 

(15)   Any sludge, screenings or other residues from the pretreatment of industrial wastes.

 

(16)   Any medical wastes, except as specifically authorized by the Utilities Director/Superintendent in a wastewater discharge permit. 

 

(17)   Any material containing ammonia, ammonia salts, or other chelating agents which will produce metallic complexes that interfere with the District wastewater system.

 

(18)   Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer except as may be specifically authorized by the Utilities Director/Superintendent.

 

(19)   Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B .0200.

 

(20)   Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.

 

(21)   Recognizable portions of the human or animal anatomy.

 

 

(22)   Any wastes containing detergents, surface active agents, or other substances that may cause excessive foaming in the District wastewater system.

 

(23)   At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter.

 

(24)   Any wastes containing ground paper products.

 

(25)   Any wastes containing certain materials (i.e., wood, glass, fire or explosion hazards, ashes, sand, cinders, un-shredded garbage, etc.) that prove to be detrimental to the sewage system.

 

Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system.  All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system.

 

When the POTW Director/Superintendentdetermines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW Director/Superintendentshall advise the user(s) of the potential impact of the contribution on the POTW in accordance with Section J.1and J.2 take appropriate actions in accordance with Section Ifor such user to protect the POTW from interference or pass through.

 

Section 9.2.         National Categorical Pretreatment Standards.  Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter 1, Subchapter N, Parts 405-471 and incorporated herein.

 

a.    Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Utilities Director/Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).

 

b.    When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Utilities Director/Superintendentshall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).

 

c.    A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.

 

d.    A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.

 

Section 9.3.         Local Limits.   To implement the general and specific discharge prohibitions listed in this regulation, industrial user-specific local limits will be developed ensuring that the POTW's maximum allowable head works loading is not exceeded for particular pollutants of concern for each industrial user.  Where specific local limits are not contained for a given parameter or pollutant in an industrial user permit, the following limits will apply to all users:

 

BOD                           250     mg/l

                        TSS                            250     mg/l

                        TKN                            40        mg/l

                        Arsenic                      0.003  mg/l   

Cadmium                  0.003  mg/l

            Copper                       0.061  mg/l

                        Cyanide                     0.041  mg/l

                        Lead                           0.049  mg/l

Mercury                      0.0003mg/l

Nickel                         0.021  mg/l

Oil & Grease             100.0  mg/l

                        Silver                          0.005  mg/l

                        Total Chromium       0.05    mg/l

Zinc                            0.175  mg/l

 

Industrial user-specific local limits for appropriate pollutants of concern shall be included in wastewater permits and are considered pretreatment standards. The Utilities Director/Superintendent may impose mass limits in addition to, or in place of, the concentration-based limits above.

 

Section 9.4.         State Requirements.   State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this regulation.

 

Section 9.5.         Right of Revision.   The Districtreserves the right to establish limitations and requirements that are more stringent than those required by either State or Federal regulation if deemed necessary to comply with the objectives presented in this regulation or the general and specific prohibitions in Section 9of this regulation, as is allowed by 40 CFR 403.4.

 

Section 9.6.         Dilution.   No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National categorical pretreatment standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the District or State.

 

 

Section 9.7.         Pretreatment of Wastewater.

 

a.    Pretreatment Facilities.  Users shall provide wastewater treatment as necessary to comply with this regulation and wastewater permits issued under Section 10.2of this regulation and shall achieve compliance with all National categorical pretreatment standards, local limits, and the prohibitions set out in Section 9 of this regulation within the time limitations as specified by EPA, the State, or the Utilities Director/Superintendent, whichever is more stringent.  Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.  Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the District for review, and shall be approved by the Utilities Director/Superintendent before construction of the facility.  The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the District under the provisions of this regulation.  Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Utilities Director/Superintendent prior to the user's initiation of the changes.

 

b.   Additional Pretreatment Measures.

 

(1)  Whenever deemed necessary, the Utilities Director/Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this regulation.

 

(2)  The Utilities Director/Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow.  A wastewater discharge permit may be issued solely for flow equalization.

 

(3)  Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utilities Director/Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users.  All interception units shall be of type and capacity in accordance with Appendix A, and shall be so located to be easily accessible for cleaning and inspection.  Such interceptors shall be inspected, cleaned, and repaired as outlined in Appendix A, at their expense.

 

(4)  Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

 

Section 9.8.         Accidental Discharge/Slug Control Plans.   At least once every two (2) years, the Utilities Director/Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan.  The Utilities Director/Superintendent may require any user to develop, submit for approval, and implement such a plan.  Alternatively, the Utilities Director/Superintendent may develop such a plan for any user.  An accidental discharge/slug control plan shall address, at a minimum, the following:

 

a.   Description of discharge practices, including non-routine batch discharges;

 

b.   Description of stored chemicals;

 

c.   Procedures for immediately notifying the UtilitiesDirector/Superintendent of any accidental or slug discharge, as required by Section 11.6 of this regulation; and

 

d.   Procedures to prevent adverse impact from any accidental or slug discharge such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

 

Section 9.9.         Hauled Wastewater.

 

a.    Septic tank waste may be introduced into the POTW only at locations designated by the Utilities Director/Superintendent, and at such times as are established by the Utilities Director/Superintendent.  Such waste shall not violate Section 9of this regulation or any other requirements established by District.  The Utilities Director/Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.

 

b.    The Utilities Director/Superintendent shall require haulers of industrial waste to obtain wastewater discharge permits.  The Utilities Director/Superintendent may require generators of hauled industrial waste to obtain wastewater discharge permits.  The Utilities Director/Superintendent also may prohibit the disposal of hauled industrial waste.  The discharge of hauled industrial waste is subject to all other requirements of this regulation.

 

c.    Industrial waste haulers may discharge loads only at locations designated by the Utilities Director/Superintendent.  No load may be discharged without prior consent of the Utilities Director/Superintendent.  The Utilities Director/Superintendent may collect samples of each hauled load to ensure compliance with applicable standards.  The Utilities Director/Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

 

d.    Industrial waste haulers must provide a waste-tracking form for every load.  This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste.  The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes.

 

ARTICLE X

 

WASTEWATER DISCHARGE PERMIT APPLICATION AND ISSUANCE.

 

Section 10.1.                    It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the North Brunswick Sanitary District.  When requested by the Utilities Director/Superintendent, a user must submit information on the nature and characteristics of its wastewater within fifteen (15) calendar days of the request.  The Utilities Director/Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.

 

Section 10.2.          Wastewater Permits.  All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW.  Existing industrial users who are determined by the Utilities Director/ Superintendent to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the Utilities Director's determination.  Industrial users who do not fit the significant industrial user criteria may at the discretion of the Utilities Director/Superintendent be required to obtain a wastewater discharge permit for non-significant industrial users.

 

a.    Significant Industrial User Determination.  All persons proposing to discharge non-domestic wastewater, or proposing to change the volume or characteristics of an existing discharge of non-domestic wastewater shall request from the Utilities Director/Superintendent a significant industrial user determination.  If the Utilities Director/Superintendent determines or suspects that the proposed discharge fits the significant industrial user criteria he will require that a significant industrial user permit application be filed.

 

b.   Significant Industrial User Permit Application.  Users required to obtain a significant industrial user permit shall complete and file with the District, an application in the form prescribed by the Utilities Director/Superintendent, 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 ninety (90) days after notification of the POTW Director's determination in Section I0.2a above.  In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

 

(1)  Name, address, and location, (if different from the address);

 

(2)  Standard Industrial Classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated;

 

(3)  Analytical data on wastewater constituents and characteristics including but not limited to those mentioned in Section 9 of this regulation, any of the priority pollutants (Section 307(a) of the Act) which the applicant knows or suspects are present in the discharge as determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

 

(4)  Time and duration of the indirect discharge;

 

(5)  Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

 

(6)  Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flowand appurtenances by the size, location and elevation;

 

(7)  Description of activities, facilities and plant processes on the premises including all materials which are or could be accidentally or intentionally discharged;

 

(8)  Where known, the nature and concentration of any pollutants in the discharge that are limited by any County, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

 

(9)  If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment.  The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard.  The following conditions apply to this schedule:

 

(a)  The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards.  No increment in the schedule shall exceed nine (9) months.

 

(b)  No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Utilities Director/Superintendent including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule.  In no event shall more than nine (9) months elapse between such progress reports to the Utilities Director/Superintendent.

 

(10)   Each product produced by type, amount, process or processes and rate of production;

 

(11)   Type and amount of raw materials processed (average and maximum per day);

 

(12)   Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

 

(13)   If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12(b) and 15A NCAC 2H .0908(a), as outlined in Section K.1of this regulation.

 

(14)   Any other information as may be deemed by the Utilities Director/Superintendent to be necessary to evaluate the permit application.

 

c.   Application Signatories and Certification.  All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

 

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.  Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

 

d.   Application Review And Evaluation.  The Utilities Director/Superintendent will evaluate the data furnished by the user and may require additional information.

 

(1)  The Utilities Director/Superintendent is authorized to accept applications for the District and shall refer all applications to the POTW staff for review and evaluation.

 

(2)  Within thirty (30) days of receipt the Utilities Director/ Superintendent shall acknowledge and accept the complete application; or if not complete, shall return the application to the applicant with a statement of what additional information is required.

 

e.   Tentative Determination and Draft Permit.

 

(1)  The POTW staff shall conduct a review of the application and an on-site inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the significant industrial user permit.

 

(2)  If the staff's tentative determination in Paragraph (1) above is to issue the permit, the following additional determinations shall be made in writing:

 

(a)  proposed discharge limitations for those pollutants proposed to be limited;

 

(b)  proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and

 

(c)  a brief description of any other proposed special conditions that will have significant impact upon the discharge described in the application.

 

(3)  The staff shall organize the determinations made pursuant to Paragraphs (1) and (2) above and the District’s general permit conditions into a significant industrial user permit.

 

f.    Permit Synopsis.  A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant and the approval authority and shall be made available to the public upon request.  The contents of such fact sheets shall include at least the following information:

 

(1)  A sketch and detailed description of the industrial facilities and pretreatment facilities including the location of all points of discharge to the POTW and all established compliance monitoring points.

 

(2)  A quantitative description of the discharge described in the application that includes at least the following:

 

(a)  the rate or frequency of the proposed discharge; if the discharge is continuous, 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.

 

g.   Final Action on Significant Industrial User Permit Applications.

 

(1)  The Utilities Director/Superintendent shall take final action on all applications not later than ninety (90) days following receipt of a complete application.

 

(2)  The Utilities Director/Superintendent is authorized to:

 

(a)  issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this regulation and N.C.G.S. 143-215.1;

 

(b)  issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;

 

(c)  modify any permit upon not less than sixty (60) days notice and pursuant to Section 10.2iof this regulation;

 

(d)  revoke any permit pursuant to Section M.1 of this regulation;

 

(e)  suspend a permit pursuant to Section M.1 of this regulation;

 

(f)   deny a permit application when in the opinion of the POTW Director/Superintendent such discharge may cause or contribute to pass-through or interference of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. 143-215.1.

 

h.   Hearings.

 

(1)  Initial Adjudicatory Hearing.  An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under Section 14.2, or one issued an administrative order under Section 14.1 shall have the right to an adjudicatory hearing before a hearing officer designated by the Utilities Director upon making written demand, identifying the specific issues to be contested, to the Utilities Director within thirty (30) days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. 

 

 

Unless such written demand is made within the time specified herein, the action shall be final and binding.  The hearing officer shall make a final decision on the contested permit, penalty, or order within forty-five (45) days of the receipt of the written demand for a hearing.  The Utilities Director shall transmit a copy of the hearing officer's decision by registered or certified mail.

 

(a)  New Permits.  Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

 

(b)  Renewed Permits.  Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

 

(2)  Final Appeal Hearing.  Any decision of a hearing officer made as a result of an adjudicatory hearing held under Section 10.2h1 above may be appealed, to the District Board of Commissioners upon filing a written demand within ten (10) days of receipt of notice of the decision.  Hearings held under this Subdivision shall be conducted in a manner similar to those hearings conducted pursuant to North Carolina General Statutes Chapter 150B. Failure to make written demand within the time specified herein shall bar further appeal.  The District Board of Commissioners shall make a final decision on the appeal within ninety (90) days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.

 

(3)  Official Record.  When a final decision is issued under Section 10.2h2above, the District Board of Commissioners shall prepare an official record of the case that includes:

 

(a)  All notices, motions, and other like pleadings;

 

(b)  A copy of all documentary evidence introduced;

 

(c)  A certified transcript of all testimony taken, if testimony is transcribed. Iftestimony is taken and not transcribed, then a narrative summary of any testimony taken.

 

(d)  A copy of the final decision of District Board of Commissioners.

 

(4)  Judicial Review.  Any person against whom a final order or decision of the District Board of Commissioners is entered, pursuant to the hearing conducted under Section 10.2habove, may seek judicial review of the order or decision by filing a written petition within thirty (30) days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of Brunswick District along with a copy to the District.  Within thirty (30) days after receipt of the copy of the petition of judicial review, the District Board of Commissionersshall transmit to the reviewing court the original or a certified copy of the official record.

 

i.    Permit Modification.

 

(1)  Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:

 

(a)  changes in the ownership of the discharge when no other change in the permit is indicated,

 

(b)  a single modification of any compliance schedule not in excess of four months,

 

(c)  modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational.

 

Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

 

(2)  Within nine (9) months of the promulgation of a National categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard.  Where a user, subject to a National categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Section 10.2b,the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National categorical pretreatment standard.

 

(3)  A request for a modification by the permittee shall constitute a waiver of the sixty (60) day notice required by G.S. 143-215.1(b) for modifications.

 

j.    Permit Conditions.

 

(1)  The Utilities Director/Superintendent shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this regulation and N.C.G.S. 143-215.1. Wastewater permits shall contain, but are not limited to, the following:

 

(a)  a statement of duration ( in no case more than five years);

 

(b)  a statement of non-transferability;

 

(c)  applicable effluent limits based on categorical standards or local limits or both;

 

(d)  applicable monitoring, sampling, reporting, notification, and record keeping requirements.  These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law.

 

(e)  Notification requirements for slug loads; and,

 

(f)   a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

 

(2)  In addition, permits may contain, but are not limited to, the following:

 

(a)  Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization.

 

(b)  Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

 

(c)  Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

 

(d)  Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.

 

(e)  Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.

 

(f)   The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.

 

 

(g)  Requirements for installation and maintenance of inspection and sampling facilities and equipment.

 

(h)  Specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.

 

(i)    Requirements for immediate reporting of any instance of non-compliance and for automatic re-sampling and reporting within thirty (30) days where self-monitoring indicates a violation(s).

 

(j)    Compliance schedules for meeting pretreatment standards and requirements.

 

(k)  Requirements for submission of periodic self-monitoring or special notification reports.

 

(l)    Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in Section 11.13and affording the Utilities Director/Superintendent, or his representatives, access thereto.

 

(m)Requirements for prior notification and approval by the Utilities Director/Superintendent of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.

 

(n)  Requirements for the prior notification and approval by the Utilities Director/Superintendent of any change in the manufacturing and/or pretreatment process used by the permittee.

 

(o)  Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge that could cause any problems to the system.

 

(p)  A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the terms of the permit.

 

(q)  Other conditions as deemed appropriate by the Utilities Director/Superintendents to ensure compliance with this regulation, and State and Federal laws, rules, and regulations.

 

k.    Permits Duration.  Permits shall be issued for a specified time period, not to exceed five (5) years.  A permit may be issued for a period less than a year or may be stated to expire on a specific date. 

 

l.      Permit Transfer.  Wastewater permits are issued to a specific user for a specific operation.  A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

 

m.  Permit Re-issuance.  A significant industrial user shall apply for permit re-issuance by submitting a complete permit application in accordance with Section 10.2a minimum of 180 days prior to the expiration of the existing permit.

 

 

ARTICLE XI

 

REPORTING REQUIREMENTS.

 

      Section 11.1              Baseline Monitoring Reports.

 

a.      Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Utilities Director/Superintendent a report that contains the information listed in Paragraph b, below.  At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Utilities Director/Superintendent a report which contains the information listed in Paragraph b, below.  A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards.  A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

 

b.      Users described above shall submit the information set forth below:

 

(1)  Identifying Information.  The name and address of the facility, including the name of the operator and owner.

 

(2)  Environmental Permits.  A list of any environmental control permits held by or for the facility.

 

(3)  Description of Operations.  A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user.  This description should include a schematic process diagram that indicates points of discharge to the POTW from the regulated processes.

 

(4)  Flow Measurement.  Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403,6(e).

 

(5)  Measurement of Pollutants.

 

(a)  The categorical pretreatment standards applicable to each regulated process.

 

(b)  The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Utilities Director/ Superintendent, of regulated pollutants in the discharge from each regulated process.  Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.  The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 11.10 of this regulation.

 

(c)  Sampling must be performed in accordance with procedures set out in Section 11.11 of this regulation.

 

(6)  Certification.  A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

 

(7)  Compliance Schedule.  If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M.  The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.  A compliance schedule pursuant to this section must meet the requirements set out in this regulation.

 

(8)  Signature and Certification.  All baseline monitoring reports must be signed and certified in accordance with this regulation.

 

Section 11.2.       Compliance Schedule Progress Reports.  The following conditions shall apply to the compliance schedule required this regulation:

 

a.    The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

 

b.    No increment referred to above shall exceed nine (9) months;

 

c.    The user shall submit a progress report to the Utilities Director/Superintendent no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

 

d.    In no event shall more than nine (9) months elapse between such progress reports to the UtilitiesDirector/Superintendent.

 

Section 11.3.       Reports on Compliance with Categorical Pretreatment Standard Deadline. 

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Utilities Director/Superintendent a report containing the information described in this regulation.  For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate.  For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.  All compliance reports must be signed and certified in accordance with this regulation.

 

Section 11.4.       Periodic Compliance Reports.   All significant industrial users shall, at a frequency determined by the Utilities Director/Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period.  All periodic compliance reports must be signed and certified in accordance with this regulation.

 

b.    All wastewater samples must be representative of the user's discharge.  Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times.  The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

 

c.   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required using the procedures prescribed in this regulation, the results of this monitoring shall be included in the report.

 

Section 11.5.       Reports of Changed Conditions.  Each user must notify the Utilities Director/Superintendent of any planned significant changes to the user's operations or system that might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change.

 

a.    The Utilities Director/Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.

 

b.    The Utilities Director/Superintendent may issue a wastewater discharge permit under this regulation or modify an existing wastewater discharge permit under this regulation in response to changed conditions or anticipated changed conditions.

 

c.    For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty (20) percent or greater, and the discharge of any previously unreported pollutants.

 

Section 11.6.       Reports of Potential Problems.

 

a.    In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Utilities Director/Superintendent of the incident.  This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

 

b.    Within five (5) days following such discharge, the user shall, unless waived by the Utilities Director/Superintendent, submit a detailed written report describing thecause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences.  Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this regulation. 

 

c.    A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in Paragraph a, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

 

Section 11.7.             Reports from Un-permitted Users.  All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Utilities Director/Superintendent as the Utilities Director/Superintendent may require.

 

Section 11.8.             Notice of Violation/Repeat Sampling and Reporting.  If sampling performed by a user indicates a violation, the user must notify the Utilities Director/Superintendent within twenty-four (24) hours of becoming aware of the violation.  The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utilities Director/Superintendent within thirty (30) days after becoming ware of the violation.  The user is not required to resample if the Utilities Director/Superintendent monitors at the user's facility at least once a month, or if the Utilities Director/Superintendent samples between the user's initial sampling and when the user receives the results of this sampling.

 

Section 11.9.             Notification of the Discharge of Hazardous Waste. 

 

a.    Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance that, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.  Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).  If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user:  an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharge during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months.  All notifications must take place no later than (180) days after the discharge commences.  Any notification under this paragraph need be submitted only once for each hazardous waste discharge.  However, notifications of changed conditions must be submitted under this regulation.  The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this regulation.

 

b.    Dischargers are exempt from the requirements of Paragraph a, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e).  Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.  Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

 

c.    In the case of any new regulation under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Utilities Director/Superintendent, the EPA Regional Waste Management Waste Division Director and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.

 

d.    In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

 

e.    This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this regulation, a permit issued there under, or any applicable Federal or State law.

 

Section  11.10.         Analytical Requirements.   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard.  If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.

 

Section 11.11.    Sample Collection.

 

a.    Except as indicated in Paragraph b, below, the user must collect wastewater samples using flow proportional composite collection techniques.  In the event flow proportional sampling is infeasible, the Utilities Director/Superintendent may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.  In addition, grab samples may be required to show compliance with instantaneous discharge limits.

 

b.    Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

 

Section 11.12.    Timing.   Written reports will be deemed to have been submitted on the date postmarked.  For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

 

Section 11.13.    Record Keeping.   Users subject to the reporting requirements of this regulation shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this regulation and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.  Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.  These records shall remain available for a period of at least three (3) years.  This period shall be automatically extended for the duration of any litigation concerning the user or District, or where the user has been specifically notified of a longer retention period by the Utilities Director/Superintendent.

 

 

 

ARTICLE XII

 

 

COMPLIANCE MONITORING.

 

      Section 12.1.             Monitoring Facilities.   The District 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 District may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

 

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.  The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

 

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the District’s requirements and all applicable local construction standards and specifications.  Construction shall be completed within ninety (90) days following written notification by the District.

 

 

 

Section 12.2.        Inspection and Sampling.   The District will inspect the facilities of any user to ascertain whether the purpose of this regulation is being met and all requirements are being complied with.  Persons or occupants of premises where wastewater is created or discharged shall allow the District approval authority and EPAor their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties.  The District, approval authority and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.  Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the District approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 

 

Denial of the Utilities Director/Superintendent's, approval authorities, or EPA's access to the user's premises shall be a violation of this regulation.  Unreasonable delays may constitute denial of access.

 

Section 12.3.       Search Warrants.   If the Utilities Director/Superintendent, approval authority, or EPA has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of District designed to verify compliance with this regulation or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Utilities Director/Superintendent, approval authority, or EPA may seek issuance of an administrative search warrant from the Brunswick County Magistrates or the Brunswick County District Court.

 

 

ARTICLE XIII

 

CONFIDENTIAL INFORMATION.

 

Section 13 .1.     Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Utilities Director/Superintendent that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data.

 

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this regulation, the National Pollutant Discharge Elimination System (NPDES) Permit, Non-discharge permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.  Wastewater constituents and characteristics will not be recognized as confidential information.  All records relating to compliance with Pretreatment Standards shall be made available to officials of the approval authority and EPA upon request.

 

ARTICLE XIV

 

ANNUAL PUBLICATION OF SIGNIFICANT NON-COMPLIANCE.

 

Section 14.1.  At least annually, the Utilities Director/Superintendent shall publish in the largest daily newspaper circulated in the service area, a list of those industrial users that were found to be in significant non-compliance, also referred to as reportable non-compliance in 15A NCAC 2H .0903(b)(10), with applicablepretreatment standards and requirements, during the previous twelve (12) months.

 

ARTICLE XV

 

AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.

 

Section 15.1.       Upset.

 

a.      An upset shall constitute an affirmative defense to an action brought for non-compliance with categorical pretreatment standards if the requirements of Paragraph b, below, are met.

 

 

b.      A user who wishes to establish the affirmative defense of upset shall demonstrate, through

 

c.      properly signed, contemporaneous operating logs, or other relevant evidence that:

 

(1)  An upset occurred and the user can identify the cause(s) of the upset;

 

(2)  The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

 

(3)  The user has submitted the following information to the Utilities Director/Superintendent within twenty-four (24) hours of becoming aware of the upset.  If this information is provided orally, a written submission must be provided within five (5) days:

 

(a)  A description of the indirect discharge and cause of non-compliance;

 

(b)  The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and

 

(c)  Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance.

 

d.    In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

 

e.    Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

 

f.     Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

 

Section 15.2.       Prohibited Discharge Standard Defense.   A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in this regulation or the specific prohibitions in this regulation if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

 

a.    A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

 

b.    No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when a municipal customer was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

 

Section 15.3.       Bypass.  A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation.  These bypasses are not subject to the provision of Paragraph 1 through 4 of this section.

 

(1)  If a user knows in advance of the need for a bypass, it shall submit prior notice to the Utilities Director/Superintendent, at least ten (10) days before the date of the bypass, if possible.

 

(2)  A user shall submit oral notice to the Utilities Director/ Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass.  A written submission shall also be provided within five (5) days of this time the user becomes aware of the bypass.  The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.  The Utilities Director/Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

 

 

(3)  Bypass is prohibited, and the Utilities Director/ Superintendent may take an enforcement action against a user for a bypass, unless:

 

(a)  Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

 

(b)  There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime.  This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

 

(c)  The user submitted notices as required under Paragraph b of this section.

 

(4)  The Utilities Director/Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Utilities Director/Superintendent determines that it will meet the three conditions listed in Paragraph c1 of this section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

NORTH BRUSWICKSANITARY DISTRICT
FATS, OIL, AND GREASE CONTROL

1. Prevention of Sewer Blockages

     This is designed to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils, and grease discharged to the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.

2. Operate and Maintain Grease Trap or Interceptor

     Greasy wastewater can be discharged to the sewer system from several sources, including food service operations.  In order to reduce sewer blockages, customers in the District service area that discharge wastewater that contains grease must install and properly operate and maintain a grease trap or interceptor.

     Grease, oil and sand interceptors shall be provided when, in the opinion of District, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not normally be required for residential users.  All interception units shall be of type and capacity which is certified by a qualified professional, such as accessible for cleaning, testing, and inspection.

3. Definitions

    A. Fats, Oils, and Greases: Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.  These substances are detectable and measurable using analytical test procedures established in 40 CFR136, as may be amended from time to time.  All are sometimes referred to herein as “Grease” or “Greases”.

     B. Food Preparation or Serving Facility: Any commercial or industrial facility that prepares or serves food, including but not limited to a restaurant, café, cafeteria, snack bar, grill, deli, catering service, bakery, grocery store, butcher shop, or similar establishment that discharges wastewater to the District system.

     C. Cooking Establishments: Those establishments primarily engaged in activities of preparing, serving, or otherwise making available food for consumption and that use one or more of the following preparation activities:  cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching and which discharge wastewater to the District system.  Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.

     D. Grease Trap or Interceptor: A device for separating and retaining water borne Grease and Grease complexes prior to the wastewater exiting the trap and entering the District sanitary sewer collection and treatment system.  These devices also serve to collect settable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.  Grease Traps and Interceptors are sometimes referred to herein as “Grease Interceptors”.

     E. Minimum Design Capability:  The design features of a Grease Interceptor and its ability or volume required to effectively intercept and retain Greases from grease-laden wastewaters discharged to the District sanitary sewer.

     F. Non-Cooking Establishments:  Those establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking.  These include cold dairy and frozen foodstuffs preparation and serving establishments.

     G. User: Any person, including those located outside the jurisdictional limits of District, who contributes, causes, or permits the contribution or discharge of wastewater into the District sewer collections system, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.

     H. Vehicle Maintenance Facility: Any commercial or industrial facility where automobiles, trucks, or equipment are serviced or maintained, including garages, service stations, repair shops, oil and lubrication shops, or similar establishments.

4. Applicability

     A. The following types of facilities will be required to have grease interceptors: restaurants, schools, hospitals, service stations, car washes, vehicle repair and lubrication facilities, nursing homes, and any other facility that handles grease and which discharges wastewater containing grease into the District sewer collection system.  All such establishments are required to have a properly sized and functioning grease interceptor, which a qualified professional certifies, to District, is designed to meet District’s sewer use and grease control requirements.

     B. All vehicle maintenance facilities are required to have a properly sized grease, oil and sand interceptor.

     C. Facilities other than those noted in Section 7.4, A, B may require the installation of grease and oil interceptor.  The District Executive Director or his/her designee shall determine the need and applicability of such device.

5. Design

     A. Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee.  The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration.  The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

     B. All interceptors shall be located outside of the building in such a manner that personnel from District can inspect the interceptors at any time.

     C. District shall be notified of any changes of operation or process at the permitted establishment.  The establishment may be required to upgrade their grease interceptor to meet current requirements and standards.

     D. the following documents shall be submitted to District for review and approval prior to issuance of a permit for installation of an interceptor.  Any changes to the approved plan shall be approved by District, prior to implementation.

·         A site plan showing the location of the interceptor, lines and cleanout or manhole;

·         Details of the interceptor, lines and cleanout or manhole;

·         Formula and calculations used to determine the interceptor capacity.

     E. Every interceptor shall have sufficient capacity to perform the service for which it is provided.  Interceptors shall be designed to provide for a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the calculated theoretical peak flow rate as predicted by the Uniform Plumbing code fixture criteria, between the influent and effluent baffles with 20 percent of the total volume of the grease interceptor being allowed for sludge to settle and accumulate.

     F. All grease traps and interceptors must be designed using standard engineering principles for sedimentation and floatation in gravity separators.  Baffles and good inlet design are required to deflect the flow across the surface areas of the units and sufficient grease and solids storage capacity is required.  Grease traps and interceptors shall be rated for the designed flow-through rate of the unit in gallons/minute.

     G. Grease interceptors shall be installed by users as required by District.  Grease interceptors shall be installed at the user’s expense.  All grease interceptors shall be of a type, design, and capacity approved by District and shall be readily and easily accessible for cleaning and inspection.  All such grease interceptors shall be serviced and emptied of accumulated waste contents as required in order to maintain minimum design capabilities or effective volume of the grease interceptor, but not less than once every 60 days.

6. Existing Establishments

     A. Businesses and other locations subject to this regulation which were in operation before the effective date of this regulation (“Existing businesses”) and do not have grease interception systems are generally required to install such a system within one year of the effective date of this regulation.  Such businesses may receive approval from the Executive Director or his/her designee, to install a system under alternate standards taking into account the circumstances of the business’s operation, production of waste grease and the practicality of installation under normal requirements.

   B. Existing businesses with an existing grease interception system that does not meet District’s standards may be required to upgrade the system or may be allowed to continue use of the present system subject to requirements such as a clean-out frequency less than 60 days.

7. Servicing and Records

     A. Servicing and maintenance is essential for the efficient operation of grease traps and interceptors.  All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain the minimum design capability or effective volume of the grease interceptor.  Servicing frequency is site-specific and is dependent on the amount of oil and grease and suspended solids generated at each operation and the size of the grease trap or interceptor.  In no case shall the frequency of cleaning be less than once every 60 days or as otherwise specified in District’s permit for the interceptor system.  The volumes of greases and solids in grease traps and interceptors must not exceed the designed grease and solids storage capacity of the unit.

     B. All grease interceptors shall be cleaned by a properly licensed cleaning and disposal operation.

     C. All users, including food preparation or serving facilities and vehicle maintenance facilities shall maintain a written record of maintenance performed on the interceptor for a minimum of three years.  All such records will be available for inspection by District upon request.

8. Variance/Appeal

     A. Under certain circumstances, the interceptor size and location may need special exceptions to the policy.  If an exception to these regulations is requested, the user must demonstrate that the size and location will not cause the facility any problems in meeting the discharge requirements of District.

     B. The Executive Director or his/her designee, reserves the right to make determinations of grease interceptor adequacy and need, based on review of all relevant information regarding grease interceptor performance, facility site building plan review and to require repairs to, or modification or replacement of such traps.

9. Enforcement 

     If, an obstruction of a District sewer main(s) occurs that causes a sewer overflow and such overflow can be attributed in part or in whole to an accumulation of grease in District’s sewer main(s), The District will take appropriate enforcement actions, as stipulated in District’s Sewer Use Regulation, against the generator or contributor or such grease.  These actions may include fines, civil penalties or a discontinuance of sewer service.

 

 

10. Sizing Procedure for Food Service Establishments (FPE)

 

Minimum of 1000 Gallons

 

# meals/peak hour x waste flow x retention time x storage factor=minimum trap volume

 

In many cases the # meals = # of seats, however, situations may exist where other determinations of peak meals may be appropriate.

 

Waste flow = 2.0 w/ single service, 5.0 w/o dishwasher, 6.0 w/dishwasher.

 

Retention time = 2.5 hours for commercial kitchens and 1.5 hours for single service.

 

Storage factor = 8hr-1, 16hrs-2, and 24 hrs-3, single service kitchen=1.5

 

11. Sizing Procedure for Single Fixture Only

 

A single fixture is considered a utensil wash sink, prep sink, culinary sink or other fixture where wastewater is discharged through a single outlet that contains fats, grease or oils.

 

Step 1 Determine the cubic contents of the fixture by multiplying length x width x depth.

 

Step 2 Determine the capacity in gallons. 1 gallon = 231 cubic inches.

 

Step 3 Determine the actual drainage load. The fixture is usually filled to about 75 percent of capacity with wastewater. The items to be washed displace about 25 percent of the fixture content. Actual drainage load = .75 x (fixture capacity)

 

Step 4 Calculate the flow rate in GPM equal to or greater than 75 percent of the fixture capacity.

 

Step 5 Select the grease separation device that matches the calculated design flow rate.

(a) No new food preparation establishment will be allowed to discharge wastewater to the District’s collection system until an adequately sized grease trap or interceptor is installed and approved by the District.

 

(b) All grease traps must have each chamber directly accessible from the surface for servicing and maintaining the trap.

 

(c) A basket, screen, trap, or other intercepting device shall prevent passage into the drainage system of solids one-half (1/2) inch or larger in size. The basket or device shall be removable for cleaning purposes.

 

(d) All fixtures and drains receiving kitchen or food preparation wastewater shall pass through a grease trap or interceptor.

 

12.  Standards for Existing Facilities

 

(a) All existing food preparation facilities shall have grease traps or interceptors approved by the District.  Food Preparation facilities without a grease trap or interceptor will be given a compliance deadline of six months from date of notification to have approved and installed a grease trap or interceptor. Failure to do so will be considered a violation of the District’s Sanitary Sewer Use Ordinance and may subject the facility to penalty assessments and/or service termination.

 

(b) Existing food preparation establishments that are expanding the occupant load by 50% or more or proposing a significant change in the wastewater characteristics are required to resize the grease trap in accordance with the procedures established under standard specification.

 

(c) In the event an existing food preparation facility’s grease trap or interceptor is either undersized or substandard in accordance with this ordinance, the owner and/or leaseholder will be notified of the deficiencies and required improvements, and given a compliance deadline of six months to conform to the requirements of this Ordinance. Failure to do so will be considered a violation of the District’s Sanitary Sewer Use Ordinance and may subject the facility to penalty assessments and/or service termination.

 

 (d) For cases in which outdoor in-ground grease traps are infeasible to install, existing food preparation establishments will be require to install adequate under the sink grease traps approved by the District for use on individual fixtures including dishwashers, sinks, and other fixtures and drains that potentially contain grease (See specifications “Sizing Procedure for Single Fixture Only” above).

 

(e) Sizing of grease traps shall be determined in accordance with procedures under specifications.

 

(f) The exclusive use of enzymes, emulsifiers, etc., is not considered an acceptable grease trap maintenance practice.

 

13.  Maintenance, Reporting & Record Keeping

 

(a) Maintenance records must be retained for review by District Inspectors and must include: Date of Maintenance, Maintainer’s Name, and Method of Disposal by the Maintainer. Maintenance records shall be kept onsite where the grease trap or interceptor is located for a period of three years.

 

(b) Facilities for which a specific pretreatment permit has been issued will follow the requirements for maintenance and record keeping as stated in the permit.

 

14. Variance to Scheduled Maintenance or Tank Sizing Requirements

 

(a) A variance to the scheduled maintenance or tank sizing requirements of the District’s FOG (Fats, Oils and Grease) specifications is to provide specific changes to the scheduling of grease separation device maintenance and servicing or the results from the recommended grease trap or interceptor sizing. Said variance is intended to give food service establishments an avenue to provide substantial evidence to reducing maintenance or size of the grease separation device. Said variance only applies to the scheduling of grease separation device servicing or grease trap/interceptor sizing. All other requirements of the District’s Sanitary Sewer Use Ordinance, FOG Control Ordinance, and any other requirements remain in effect.

 

(b) Food service establishments shall provide a written explanation for the need to vary from the FOG Control Ordinance. All establishments requesting a variance shall agree to conform to the given variance stipulations. The District has the right to dismiss the variance at any time the grease separation device discharge adversely affects the sanitary sewer collection system and treatment works. Correspondence from the District must be obtained prior to plan submittal for a building permit. The variances request shall be made to the District regarding size and shall include at a minimum;

 

New Facilities

Applicant name and address, facility location, menu items, seating capacity, facility square footage, appliance/fixture inventory, service type (single or full service), hours of operation, general plumbing description and site plan or description.

 

Existing Facilities

Variances will only be granted to existing facilities that have been operating in compliance free of Notices of Violation or Noncompliance for at least the previous twelve (12) months. Requests must include; applicant name and address, physical location, menu items, seating capacity, facility square footage, appliance/fixture inventory, service type (single or full service), hours of operation, general plumbing description and site plan or description, and a summary of past maintenance activities. In addition, all variance requests must include a detailed future operation and maintenance plan that identifies the operational constraints, maintenance schedule and oil and grease waste disposal procedures.

 

 

 

 

REVISED AND RE-ADOPTED this the 26th day of August, 2008 (Effective 09-26-2008)

 

__________________________________       

Perry Davis, Chairman                                    

 

 

___________________________________

Teresa Long, Clerk to the Board

 

Note of Amendments

Amended February 28, 2002                     Amended June 27, 2007

Amended September 26, 2002                 Amended July 25, 2007 

Amended December 4, 2003                    Amended August 22, 2007

Amended June 8, 2005                              Amended               2008

Amended June 29, 2005

Amended November 16, 2005

Amended December 14, 2005

Amended April 26, 2006

Amended July 1, 2006