Ordinance Amendment

Town of Cary, NC

This ordinance amends Chapter 36, Sections 36: 172 -176, 179-181 of the Cary Code of Ordinances.

Division 2

Sewer Use

Sec. 36-172. Definitions; abbreviations.

(a)   Unless the context specifically indicates otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated:

      Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.

      Approval authority shall mean the Director of the Division of Water Quality of the North Carolina Department of Environmental Health and Natural Resources, or his or her designee.

      Authorized representative of the user:

      (1)   If the user is a corporation, "authorized representative" shall mean:

            a.    The president, secretary, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

            b.    The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

            b.    The manager of one or more manufacturing, production, or operations facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations or decisions, and initiate and direct comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

      (2)   If the user is a limited liability company, a partnership or sole proprietorship, an "authorized representative" shall mean a managing partner, general partner or the proprietor, respectively.

      (3)   If the user is a federal, state or local government facility, an "authorized representative" shall mean a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

      (4)   The persons described in subsections (1) through (3) above may designate another person to be the authorized representative if the authorization is in writing, the authorization designates the individual or position responsible for the overall operation of the facility from which the discharge originates or having an overall responsibility for environmental matters for the company, and the written authorization is received by the town.

(5)          If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized respresentative.

      Sludge. See: Residual solids.

      Slug load shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards contained in section 36-173 of this division. Slug Load or Discharge. Any discharge at a flow rate or concentration which has a reasonable potential to cause Interference or Pass-Through, or in any other way violates the POTW’s regulations, local limits, or Industrial User Permit conditions.  This can include but is not limited to spills and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharge; or any other discharges that could cause a violation of the prohibited discharge standards contained in section 36-173 of this division.

Sec. 36-173. Prohibited discharge standards.

      Unless specifically provided otherwise, the prohibited discharge standards set forth in this section shall apply to all users of the POTW, including significant industrial users and users subject to national, state or local pretreatment standards or requirements.

      (1)   General prohibitions. No user shall discharge wastewater into the POTW, directly or indirectly, which causes interference or pass-through.

      (2)   Specific prohibitions. No user shall discharge wastewater into the POTW that contains, or has the characteristics of, the following:

            a.    Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21, as amended from time to time.

            b.    Solid or viscous substances which may cause obstruction of the flow in a sanitary sewer or the POTW resulting in interference. This includes, but is not limited to, grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, and wood.

            c.    Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

            d.    Unless otherwise permitted, any wastewater having a pH less than 5.0 or more than 10.05 or wastewater having any other corrosive property capable of causing damage to the POTW, collection system, or equipment. Any pH above 12.5 is considered hazardous under 40 CFR 261.22.

      (3)   Storage of substances/action by director. 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 POTW. All floor drains located in process or materials storage areas must discharge to the user's pretreatment facility before connecting with the POTW. When the director determines that a user is contributing or discharging to the POTW any pollutant or wastewater which causes interference or pass-through or is contributing or discharging any of the pollutants, substances or wastewater that violate the prohibitions set forth in (2) above, the director may:

            a.    Advise the user of the potential impact of the contribution on the POTW in accordance with section 36-179 of this division; and

            b.    Take appropriate action, in accordance with section 36-1758 of this division, requiring such user to protect the POTW and sewer collection system from interference, pass-through, blockages, and structural or mechanical failure.

      (5)   Industrial waste survey and local limits. An industrial waste survey is required prior to a user discharging wastewater containing in excess of the following average discharge limits. Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern.

            Industrial Waste Survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading are not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits. The Director may impose mass based limits in addition to, or in place of concentration based limits.

            User-specific local limits for appropriate pollutants of concern shall be included in wastewater permits and shall be considered pretreatment standards. The director may impose mass limits in addition to, or in place of, the concentration-based limits set forth above.

            Additionally, domestic sewage limits for parameters other than those listed above may be established by the director and shall be based on either actually measured local domestic sewage levels or literature values.

      (9)   Pretreatment of wastewater.

            a.    Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this division and wastewater permits issued under section 36-175(b) of this division, and users shall achieve compliance with all national categorical pretreatment standards, local limits, and the prohibitions set out in section 36-173 of this division within the time limitations specified by the EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance (pretreatment facilities) shall be provided, operated, and maintained at the user's expense. Detailed plans showing the user's pretreatment facilities and operating procedures shall be submitted to the town for review, and shall be approved by the director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under the provisions of this division. Any subsequent changes in the pretreatment facility or its method of operation shall be reported to, and be approved by, the director prior to the user's initiation of the changes.

            b.    Additional pretreatment measures.

                  1.    Whenever the director deems it necessary, the director may require users to restrict their discharge during peak flow periods; designate that certain wastewater be discharged only into specific sewers; relocate and/or consolidate points of discharge; separate sewage wastestreams from industrial wastestreams; and require such other conditions as may be necessary to protect the POTW or to determine the user's compliance with the requirements of this division.

                  2.    The director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. The director may issue a wastewater discharge permit solely for flow equalization.

                  3.    Grease, oil, and sand interceptors shall be provided by the user when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand, except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at the user's expense. See also section 36-183 for additional requirements.

                  4.    Users with the potential to discharge flammable substances may be required to install and maintain one or more approved combustible gas detection meters.

(10)       Accidental discharge/slug control plan. At least once every two years the director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: The Director shall evaluate whether each significant industrial user needs a plan or other action to control and prevent slug discharges and accidental discharges as defined in section 36-172, Definitions.  All SIUs must be evaluated within one year of being designated as SIU.  The Director may require any user to develop, submit for approval, and implement such a plan or other specific action.  Alternatively, the Director may develop such a plan for any user.  All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of non-routine, episodic nature, a non-customary batch discharge, or a slug load.  Also see section 36-176(e)(f).

            An accidental discharge/slug control plan shall address, at a minimum, the following:

Sec. 36-174. Fees.

(a)   Purpose. It is the purpose of this division to provide for the recovery from users of the town's wastewater disposal system of costs of the POTW and for the implementation of the program provided for herein. The applicable charges or fees shall be set forth in the town's schedule of charges and fees.

(b)   User charges. A user charge shall be levied on, and paid by, all users.

      (1)   The user charge shall reflect, at a minimum, the cost to the town of debt service, and operation and maintenance costs (including, but not limited to, replacement costs) of the POTW.

      (2)   Each user shall pay its proportionate share of cost based on the volume of the user's flow.

      (3)   The town manager shall review annually the sewage contributions of users, the total costs of debt service, and operation and maintenance costs of the POTW (including, but not limited to, replacement costs) and shall make recommendations to the town council for adjustments in the schedule of charges and fees as necessary.

(c)   Surcharges. All industrial users of the POTW are subject to industrial waste surcharges on all discharges which exceed the following levels:

Sec. 36-175. Wastewater discharge permit, application and issuance.

(a)   Wastewater dischargers. It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the director. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the director's request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(b)   Permits. All significant industrial users shall obtain a significant industrial user wastewater discharge permit ("significant industrial user permit" or "SIU permit") prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the director's determination. Industrial users who do not fit the significant industrial user criteria may, at the discretion of the director, be required to obtain a wastewater discharge permit for nonsignificant industrial users (non-SIU permit). Both SIU permits and non-SIU permits are referred to as wastewater discharge permits or permits.

      (1)   Significant industrial user determination. All persons proposing to discharge nondomestic wastewater, or proposing to change the volume or characteristics of an existing discharge of nondomestic wastewater, shall request from the director a significant industrial user determination. If the director determines or suspects that the proposed discharge fits the significant industrial user criteria, he will require that the user file a SIU permit application.

      (2)   Application. Users required to obtain a wastewater discharge permit, including a SIU permit, shall complete and file with the town an application in the form prescribed by the director, which shall be accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Users required to renew a wastewater discharge permit shall renew such permit in accordance with the procedures for renewal described in the permit. Significant industrial users shall apply for a SIU permit within 90 days of receiving notification of the director's determination in (b)(1) above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

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

            b.    Standard industrial classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated;

            c.    Analytical data on wastewater constituents and characteristics, including, but not limited to, those mentioned in section 36-173 of this division and 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 state-certified 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 as contained in 40 CFR, 136, as amended;and as required in section 36-176(k)(l)(a)-(c).

      (3)   Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized the current representative of the user on file with the Town of Cary as defined in section 36-172; “Authorized Representative User” and must contain the following certification statement:

      (8)   Adjudicatory hearings.

            a.    Administrative Hearings. An applicant who receives notice that an application for a permit has been denied; an applicant who receives notice that a permit has been granted subject to conditions the applicant deems unacceptable; a user who receives notice of an assessment of a civil penalty under section 36-179(b); and a user who receives notice of the issuance of an administrative order under section 36-179(a)(4) (all of whom are hereafter referred to as "aggrieved applicant or user") shall have the right, upon filing written demand, to a hearing before an unbiased hearing officer designated by the director. In the absence of a designation by the director, the hearing officer may be the town manager or assistant town manager. Such written demand for a hearing shall identify with particularity the aggrieved applicant or user contesting the action; the specific permit provisions or conditions or other issues contested; the reasons for the objection; and any alternate provisions, conditions or terms the aggrieved applicant or user proposes. The written demand for a hearing shall be filed with the director within 30 days of the date of the notice of the action that is being contested. Unless such written demand is filed within the time specified herein, the contested action shall be final and binding. The hearing officer shall conduct a hearing and make a final decision on the contested action within 45 days of the receipt of the written demand for a hearing. The director shall serve a copy of the hearing officer's decision (notice of the decision) on the aggrieved applicant or user in accordance with section 36-182.

      (10)  Permit conditions.

            a.    The director shall have the authority to grant a permit with such conditions attached as the director believes necessary to achieve the purpose of this division and G.S. 143-215.1. Permit conditions shall include the following:

                  1.    A statement of duration (in no case more than five years);

                  2.    A statement of nontransferability;

                  3.    Applicable effluent limits based on categorical standards or local limits, or both;

                  4.    Applicable monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling locations, sampling frequency, and sampling type based on federal, state, and local law;

                  5.    Notification requirements for slug loads; and or accidental discharge as identified in section 36-172(a), “Definitions – Slug Load or Discharge”;

                  6.    A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any  applicable compliance schedule.;

                  7.    Requirements to implement a Plan or other controls for prevention of accidental discharges or slug load as defined in section 36-172(a) “Definitions – Slug Load or Discharge”, if determined by the Director to be necessary for the User, and ;

                  8.    Requirements for immediately notifying the Director of any changes at its facility affecting the potential for spills and other accidental discharges or slug load as defined in section 36-172(a) “Definitions – Slug Load or Discharge”. Also see section 36-176(e)(f).

            b.    In addition, at the discretion of the director, wastewater discharge permits may contain other conditions which may include, but are not limited to, the following:

                  1.    Limits on the average and maximum rate of discharge, and requirements for flow regulation and equalization;

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

                  3.    Requirements for the installation of pretreatment technology or construction of appropriate containment devices, and similar requirements designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

                  4.    Development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges waste minimization plans to reduce the amount of pollutants discharged to the POTW;

Sec. 36-176. Reporting requirements.

      (2)   Users described above shall submit the information set forth below:

            a.    Identifying information. The name and address of the facility, including the name of the operator and owner.

            b.    Environmental permits. A list of any environmental control permits held by or for the facility.

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

            d.    Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

            e.    Measurement of pollutants.

                  1.    The categorical pretreatment standards applicable to each regulated process.

                  2.    The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process, where required by the standard or by the director. 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 subsection (j) of this section.

                  3.    Sampling must be performed in accordance with procedures set out in subsection (kl) of this section.and 40 CFR 403.12(b)and(g), including 40 CFR 403.12(g)(4).

            f.    Certification. A statement, reviewed by the user's current authorized representative as defined in section 36-172, Definitions: “Authorized Representative User” and certified by a licensed professional engineer, 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.

(d)   Periodic compliance reports.

      (1)   All users required to obtain a wastewater discharge permit shall, at a frequency determined by the director but for SIU's in no case less than twice per year once every six months (in June and December), submit a report to the director 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 applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedures set out in section 36-176(k) and (l) of this ordinance.  All periodic compliance reports must be signed and certified in accordance with section (b)(3) 36-175(3) of this ordinance.

      (2)   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 and flow measurement facility in good working order shall not be grounds for the user to claim that sample results are not representative of its discharge.

      (3)   If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in subsection (j) of this section, the results of this monitoring shall be included in the report.

(e)   Reports of changed conditions. Each user must notify the director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 45 days before the change.  See section 36-176(a)(2)(f)(4) for other reporting requirements.

      (1)   The director may require the user to submit such information as the director may deem necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 36-175(b).

      (2)   The director may issue a wastewater discharge permit under section 36-175(b) or modify an existing wastewater discharge permit under section 36-175(b) in response to changed conditions or anticipated changed conditions.

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

(f)   Reports of potential problems.

      (1)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, as defined in section 36-172: Definitions, “Slug Load or Discharge” that may cause potential problems for the POTW, the user shall immediately notify the director by telephone of the discharge. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

      (2)   Within five days following such discharge, the user shall, unless the user receives a written waiver from the director, submit a detailed written report describing the cause(s) of the discharge and the measures taken, or to be taken, by the user to prevent future similar occurrences. Such notification shall not relieve the user of any liability for any expense, loss, damage, personal injury, or other claim which may be suffered or incurred as a result of damage to the POTW, damage to natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.

      (3)   A notice shall be permanently posted on the user's bulletin board or some other prominent place advising employees of whom to call in the event of a discharge described in subsection (f)(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

(4)   All SIUs are required to notify the Director immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch, or slug load as defined in section 36-172 Definitions: “Slug Load of Discharge”.

(g)   Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require.

(h)Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates noncompliance or any other violation, the user must notify the director within 24 hours of becoming aware of the violation. The user shall also immediately repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation.  If allowed by the Director, Tthe user is not required to resample:

         1. iIf the director monitors at the user's facility at least once a month,

         2. or iIf the director samples between the user's initial sampling and the time when the user receives the results of this sampling.

(i)   Control Authority repeat sampling in lieu of permittee self-monitoring.  If the director does not require user to perform any self-monitoring and the POTW sampling of the user indicates a violation, the Director shall repeat the sampling and obtain the results of the repeat analysis within thirty (30) days after becoming aware of the violations, unless one of the following occurs:

            1.  The Director monitors at the user’s facility at least once a month; or

            2.  The Director samples the user between their initial sampling and when the POTW receives the results of this initial sampling; or

            3.  The Director requires the user to perform sampling and submit the results to the Director with the 30 day deadline of the POTW becoming aware of the violation.

(i)(j)      Notification of discharge of hazardous waste.

(j)(k)      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 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 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 the EPA.

(k)(l)Grab and composite Ssample collection.

      (1)   Except as indicated in subsection (k)(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event the director determines that flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or minimum of four 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.

      (2)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sampling techniques.

                  (i) 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.

                  (ii) Grab Samples must be used for temperature, pH, cyanide, total phenols, oil and grease, sulfide, volatile organic compounds, and any other pollutants as required by 40 CFR 136.  The POTW shall determine the number of grabs necessary to be representative of the User’s discharge.  See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and 90 Day Compliance Reports.  Additionally, the [POTW Director] may allow collection of multiple grabs during a 24 hour period which are composited prior to analysis as allowed under 40 CFR 136.

                  (iii) Composite Samples: All wastewater composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour that there is a discharge.  All wastewater composite samples shall be collected using flow proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the [POTW Director].  When authorizing time-proportional composites or grabs, the samples must be representative and the decision to allow the alternative sampling must be documented.

(l)(m)Timing. Written reports to the director shall be deemed to have been submitted on the date postmarked. For reports which are not deposited, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report by the director shall govern.

(m)(n)Recordkeeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include:

      (1)   The date, exact place, method, and time of sampling;

      (2)   The name of the person(s) taking the samples;

      (3)   The dates analyses were performed;

      (4)   Identification of the person(s) who performed the analyses;

      (5)   The analytical techniques or methods used; and

      (6)   The results of such analyses.

These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the director.

(o) Electronic Reporting. The Director may develop procedures for receipt of electronic reports for any reporting requirements of this ordinance.  Such procedures shall comply with 40 CFR Part 3.  These procedures shall be enforceable under section 36-179.

(Code 1982, § 19-94; Ord. No. 94-036, 12-8-1994; Ord. No. 06-004, 3-9-2006)

Sec. 36-179. Enforcement.

      (6)   Termination of permit.or permission to discharge. Any user who violates the following any conditions of this division, or applicable state or federal regulations, is subject to having its permit terminated:.  The Director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:

            a.    Failure to factually and accurately report the wastewater constituents and characteristics of the user's discharge;

            b.    Failure to report significant changes in operations, or wastewater constituents and characteristics;

            c.    Refusal to allow reasonable access to the user's premises to the director, approval authority, or EPA for the purpose of inspection or monitoring; or

            d.    Violation of conditions of the wastewater discharge permit.or permission to discharge, conditions of this ordinance, or any applicable state or federal regulations.

            Noncompliant users shall be notified of the proposed termination of their wastewater discharge permit and will be offered an opportunity to show cause under this subsection (a) why the proposed action should not be taken.

Sec. 36-180. Annual publication of significant noncompliance.

      At least annually, the POTW director shall publish in the largest daily a newspaper circulated in the service area of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months.

(Code 1982, § 19-98; Ord. No. 94-036, 12-8-1994)

Sec. 36-181. Affirmative defenses to discharge violations.

      (5)   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.

(b)   Prohibited discharge standards defense. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 36-173(a)(l) of this division ordinance or the specific prohibitions in sections 36-173(a) and 36-173(b)(2), (3), (5) through (7), and (9) through (25) section 36-173(b),(c), and (e-g) of this division ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

(Code 1982, § 19-99; Ord. No. 94-036, 12-8-1994; Ord. No. 02-011, 4-11-2002)

Adopted:

Effective:

Proposed Schedule for Code Amendments :