1985-01-21 W&S Ordinance
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CHAPTER. 11 NEW HANOVER COUNTY WATER. AND SEWER. DISTRICT
WASTEWATER. COLLECTION AND ~
ARTICLE I. ADOPTION
Sec. 17. 1 Purpose and Intent
WHEREAS, the United States Government has established goals for clean
public waters in the interest of the public health, safety, and welfare,
through Congressional adoption of the Federal Water Pollution Control Act
Amendments of 1972, and the Clean Water Act of 1977; and
WHRRRA~, these Acts are being implemented
States Environmental Protection Agency and the
Environmental Management and the N. C. Division
various means.
and enforced by the United
North Carolina Division of
of Health Services through
WHEREAS, the Board of District Commissioners of the New Hanover County
Water and Sewer District desires to promote and enforce applicable standards
established by the Environmental Protection Agency and/or Division of
Environmental Management related to wastewater collection, and the District
Commissioners desire to comply fully with conditions of the Water Pollution
Control Act; and
WHRRRA~, the District Commissioners desire to protect from damage the
public water supply and the wastewater collection system and facilities, and
desire to maintain the safety of the public and the safety of County and
District employees assigned to operate and maintain the system; and
WHEREAS, it is known to the Board of District Commissioners through
experience in the County operation of its system, and/or from publicly
available conclusions from scientific research, that wastewater is generated
from some nondomestic processes that can be discharged into the District's
wastewater system, and if discharged in sufficient quantity or concentration
could (1) create a fire or explosion hazard in the wastewater system; (2)
inhibit or interfere with biological or chemical processes of the treatment, or
cause damage, corrosion, or destruction in the collection system; (3) be
incompatible and untreatable at the treatment plant; and it is known that any
of these conditions may possibly result in the endangerment of public health
and safety, and/or a violation by the County or District of one or more
conditions of the NPDES permit; and
WHEREAS, pursuant to authority granted by Article 6 and 15 of Chapter 153A
of the N. C. General Statutes, the Board of District Commissioners desires to
protect and regulate the operation of its sewage collection and disposal system
and achieve the objectives stated above by adopting adequate and reasonable
rules and regulations; and
WHEREAS, the Board of District Commissioners or its agent shall control
the sewer system of the District and shall prescribe and enforce full
compliance with all rules and regulations governing connections with the
system.
WHEREAS, this Ordinance shall apply to all unincorporated areas of New
Hanover County and to persons outside the District who, by contract or
agreement with the District, are users of the District sewer system.
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pH shall mean the logarithm of the reciprocal of
hydrogenions in grams per liter of solution. pH shall
standard methods currently approved by EPA/DEM.
the weight of
be determined by
PLUMBING CODE shall mean the North Carolina State Building Code, Volume
llL Plumbing, 1980 Editions, as revised.
PRETREAT.HENT shall mean physical, biological, or chemical treatment
applied to wastewater, or the processes utilized for the purposes of
pretreatment of wastewater to reduce its BOD5 requirements, suspended
solids, oil and grease, and/or other cons ti tuents, prior to discharge of
wastewater to the public sewer.
PUBLIC SANITARY SEWER. shall mean a wastewater
conduit which services all abutting private and
owned, controlled, operated and maintained by
include all appurtenances connected and used in
system.
collection pipe or sewer
public properties and is
the District; it shall
the wastewater collection
RECEIVING WATERS shall mean those waters into which wastes are discharged.
SAMPLING STRUCTURE or CONTROL STRUCTURE shall
located structure with easy access by a pick up
which the effluent discharged by a wastewater
effectively measured for flow and strength by the
sampling methods.
mean an appropriately
truck with trailer from
system customer can be
District, using standard
SANITARY SEWER. (or SEWER.) shall mean a pipe or conduit for carrying
wastewater and from which storm, surface and groundwaters are excluded.
SEPTIC TANK WASTE or SEPTAGE shall mean the liquid and semi-solid domestic
waste that results from the emptying of septic tanks.
SEWER. CONNECTION FEE shall mean the initial charge levied against a
wastewater system user or customer for connection to the publicly provided
access point to the public sewer. Such fee is levied in order to recover
capital costs incurred by the District to provide connection.
STANDARD METHODS (for testing and measuring) shall mean those procedures
or methods established and/or currently approved by EPA/DEM.
STANDARD SAMPLING METHOD shall mean the method of collecting and storing
individual samples or composite samples of wastewater for the purpose of
laboratory analysis to determine its nature. The methods employed will be
those established and currently approved by EPA/DEM.
STANDARD STRENGTH WASTES shall mean wastes of any origin having strengths
of 250 mg/l or less of BOD5, 750 mg/l or less of COD, and/or containing
200 mg/l or less of suspended solids.
SUSPENDED SOLIDS shall mean solids that either float on the
are in suspension in, water, wastewater, or other liquid,
removable by laboratory filtering.
surface of, or
and which are
TOTAL SOLIDS shall mean total weight measured in mg/l of all solids;
dissolved, undissolved, organic or inorganic.
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TOWN shall mean Town of Wrightsville Beach, North Carolina.
TOXIC CONTITUENTS shall mean any constituent of wastes, whether gaseous,
liquid, or solid, which when discharged into the sanitary sewer in
sufficient quantities may tend to interfere with any wastewater treatment
process, to constitute a hazard to human beings or animals, or to inhibit
aquatic life or create a hazard to recreation in the receiving waters of
the effluent from the sewage treatment plant.
WASTE DISCHARGE PERMIT shall mean a permit to be issued by the City as a
necessary condition to being granted, or retaining, a publicly provided
access point for connection to public sewer for any industrial user or
septic tank hauler.
WASTEWATER. or WASTES shall mean a combination of the water carried wastes
from residences, commercial establishments, institutions, and industrial
establishments; these wastes shall be treatable in currently operating
treatment facilities owned by the City.
WASTEWATER. TREATMENT FACILITIES shall mean any arrangement of devices and
structures used for treating wastewater to an acceptable quality.
WATER.COURSE shall mean a channel in which a flow of water occurs, either
continuously or intermittently. Within the context of this Chapter,
singular includes plural, masculine includes feminine, shall is mandatory,
and may is permissive. Terms in this Chapter not otherwise defined shall
have the meaning as prescribed within the regulations of EPA/DEM.
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INDUSTRIAL USER. shall mean a person who discharges to the public sanitary
sewer wastewater which prior to pretreatment has characteristics, or
because of available operations or processes requiring water use, may
potentially have characteristics, which conform to any of the following:
(1) a pollutant strength greater than Standard Strength Wastewater; (2)
constituent quantity or concentration exceeding allowable limits defined
in Article 7 of this Chapter; or (3) an average flow rate exceeding a
quantity of 50,000 gallons per day.
INDUSTRIAL WASTEWATER. shall mean the wastewater generated from activities,
operations, or processes which require water and which add to the water
pollutant constituents at a strength exceeding Standard Wastewater
Strength or at a quantity or concentration exceeding allowable limits
defined in Article 7 of this Chapter.
INDUSTRIAL WASTEWATER. SURCHARGE shall mean the additional charge for
service provided to any user of the District's wastewater system service
area which has effluent characteristics exceeding those of Standard
Strength Wastewater.
INFLOW shall mean water other than wastewater that enters a sanitary sewer
system (including water entering through a building sewer) from sources
such as roof leaders, collar drains, yard drains, area drains, foundation
drains, drains from springs and swampy areas, manhole covers, cross
connections between storm sewers and sanitary sewers, catch basins,
cooling towers, storm waters, surface runoff, street wash waters, or
drainage.
INFLUENT shall mean the wastewaters arriving at the public wastewater
treatment facility(ies) for treatment.
INTERFERENCE shall mean inhibition or disruption of public sanitary sewers
and/or public wastewater treatment facilities which contributes to a
violation of any requirement of the City's discharge permit with EPA/DEM.
METER. WATER. shall mean the amounts of water used by the wastewater system
user during the District's utility service billing periods, as measured by
water meters required and approved by the District.
HG/L (milligram per
purposes of this
million) .
liter) shall mean ratio of weight to volume, and, for
ordinance, is interchangeable with ppm (parts per
NATURAL OUTLET shall mean any outlet into a watercourse, pond, ditch,
lake, or other body of surface or groundwater.
OWNER. or USER. shall include any property owner, or occupant or tenant who
is a customer of public sanitary sewer services.
PPH (parts per million) shall mean ratio of weight to volume, and, for
purposes of this ordinance, is interchangeable with mg/l (milligrams per
li ter) .
PERSON/PERSONS shall mean any individual, firm, company,
corporation, association, group or society, and includes
North Carolina, and agencies, districts, commissions
subdivisions created by or pursuant to State law.
partnership,
the State of
and poli tical
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DEBRIS or DEBRIS TRAPS shall mean any device, or structure constructed in
accordance with pretreatment requirements operated by a user or customer
of the District's wastewater system for the purpose of removing particles
and undissolved materials from the wastewater to be contributed to the
public sanitary sewer.
DIRECTOR. shall mean the Director of Engineering and Facilities of the
County or his duly authorized deputy, agent or representative.
DISTRICT shall mean New Hanover County Water and Sewer District.
DOMESTIC USER. shall mean a person who discharges wastewater to the public
sanitary sewer (1) containing a pollutant strength within the defined
range for Standard Strength Wastewater; (2) containing no constituents at
a quantity or concentration prohibited in Article 7 of this Chapter; and
(3) at a rate of average flow not to exceed 50,000 gallons per day.
DOMESTIC WASTEWATER. shall mean the wastewater generated from normal human
living processes which have contituent strength within the range defined
for Standard Strength Wastewater, and which contain no constituents of a
quantity or concentration exceeding the limits stated in Article 7 of this
Chapter. Normal human living process include wastewater from bathroom and
toilets, noncommercial kitchens, and non-commercial laundries.
EFFLUENT shall mean the sewage, water, or other liquid flowing out of any
basin, pretreatment device, or facility and subsequently entering a public
sewer, unless the context specifically refers to the flow from some other
facility.
EPA/DEH shall mean the United States Environmental Protection Agency and
the Division of Environmental Management, Department of Natural Resources
and Community Development, State of North Carolina.
FEE SCHEDULE shall mean the "Utilities Service and Rate Charge Schedule
for the District" as created by an ordinance of the District Commissioners
and latest revision.
FLAMMABLE shall mean the nature of material, materials or substances which
provides the capability to burn spontaneously or to burn upon exposure to
fire, sparks or high temperature or to burn under conditions found in the
City, County or District Wastewater Collection and City Treatment System.
Combustible nature
be determined by
Prevention Code of
revised.
of materials and related combustible conditions shall
standard methods currently approved by the Fire
the American Insurance Association, 1976 Edition, as
GREASE INTER.CEPTOR. shall mean any device constructed in conformity to the
Plumbing Code, operated by the customer of the wastewater system for
removing oil and grease before contributing liquid wastes to the
wastewater system.
HOLDING TANK shall mean any device or structure constructed in conformity
with the Plumbing Code, operated by a public sanitary sewer customer for
the purpose of moderating and controlling flows of wastewater to be
discharged to a public sewer.
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ARTICLE 2. DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of the
terms used in this Chapter shall be as follows:
Sec. 17-2. Definitions
AVERAGE FLOW shall mean the total flow of wastewater in gallons during a
normal operating calendar day of twenty-four (24) hours, as can be
measured over a period of time of not less than three (3)months.
BOD5 (five-day biochemical oxygen demand) shall mean the total quantity
of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five days at 200C expressed in milligrams
per liter (mg/l). BODS shall be determined by standard methods currently
approved by EPA/DEM.
BUILDING SEWER. shall mean the pipe from the building to the District owned
sewer service line or sewer lateral. The District sewer service lateral
shall constitute the publicly provided access point, said point generally
located on or near the property line for residential service; however, the
lateral may be located at some other access point as provided by the
District.
COD (chemical oxygen demand) shall mean the total quantity of oxygen
required for the chemical oxidation of decomposable matter under standard
laboratory conditions. COD shall be determined by the standard methods
currently approved by EPA/DEM.
CITY shall mean the City of Wilmington, North Carolina.
COMBINED SEWER. shall mean a sewer receiving both surface runoff and
wastewater flows.
COMPOSITE SAMPLE shall mean the makeup of a number of individual samples,
so taken as to represent the nature of wastewater or industrial wastes.
CONNECTION or TAP shall mean the attachment of the building sewer to the
District's provided access point to the public sanitary sewer.
CONSTITUENTS shall mean the combination of
measurable environmental or chemical conditions
BODS) which exist in the subject wastes.
particles, chemicals,
(such as temperature,
or
pH,
COOLING WATER. shall mean the water discharged from any use, such as air
conditioning, cooling, or refrigeration, during which the only pollutant
or constituent added to the water is heat.
COUNTY shall mean New Hanover County, North Carolina.
CR.OSS-CONNECTION shall mean any physical connection or structural
arrangement between a public or a private potable water system and any
nonpotable source or system through which an unsafe quality of water could
flow or siphon from the nonpotable source to the potable system.
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ARTICLE 3 GENERAL PROVISIONS
Sec. 17-3 Administrative Authority
The Director is hereby assigned the responsibility of administering all
provisions of this Chapter and shall exercise these responsibilities in
accordance with the purpose and intent of this Ordinance in a fair and
objective manner.
The Director may exercise discretion when necessary to
administer these provisions fairly and responsibly.
Sec. 17-3.1 Intent of Regulation of Sewer Use
It is intended that this Chapter include provisions for prohibiting the
discharge by any wastewater customer into a public sanitary sewer (1) of
substances which may endanger the public health and safety; or (2) of
unpolluted waters which do not require treatment and therefore reduce the
effectiveness of the biological operations of the treatment facilities.
It is further understood that the biological and chemical operations which
can be designed for wastewater treatment do, by their scientific nature, limit
the types of constituents in wastewater treatment which may be treated by
facilities constructed and maintained within a reasonable cost to the public.
Consequently, the City's treatment facilities into which the District system
discharges are designed for the primary purpose of treating domestic wastewater
in sufficient manner to protect public health.
Certain industrial wastewater
constituents and septic tank wastes can be treated without interference at the
wastewater facilities, but only in a limited quantity or concentration. To
insure that discharges of industrial wastewater and septic tank wastes into the
public sanitary sewer are within such quantity, and concentration limits,
reasonable and adequate regulations are provided in this Chapter.
Sec. 17-3.2 Applicability of Sewer Use Provisions
All public sanitary sewer users shall comply with all applicable
provisions of this Chapter, as amended, and shall further comply with
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applicable federal,
state,
and local laws,
ordinances and regulations,
including EPA/DEM Pretreatment Standards, which are at that time in effect. In
the event of a conflict, the more stringent requirement or higher standard
shall apply.
Violations of this ordinance will be subject to penalties as
provided throughout this Chapter.
Sec. 17-3.3 Special Agreements
No statement contained in this ordinance shall be construed as preventing
special agreement or special arrangement between the City and District and any
customer or potential customer whereby an industrial waste of strength or
character in excess of that defined as standard strength may be accepted by the
City for treatment, subject to payment by the customer pursuant to the
industrial waste treatment surcharge provisions of this Chapter.
However, no
special agreement may be established except by authority of the District
Commissioners and City Council, upon recommendation of the Director, and in no
event shall any such agreement be entered into that would be in direct
violation of any EPA/DEM, Pretreatment Standard.
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ARTICLE 4 USE OF PUBLIC SEWERS REQUIRED
Sec. 17-4 Unsanitary Methods of Discharge
It shall be unlawful for any person to place or discharge, or to permit to
be deposited in any unsanitary manner on public or private property within the
District or in any area under the jurisdiction of the District, any human or
animal excrement, solid waste, or other materials which is or may become
hazardous, toxic, or injurious to public health or safety.
Sec. 17-4.1 Discharge to Natural Outlets
It shall be unlawful to discharge to any natural outlet (including storm
sewers) within the District or in any area under the jurisdicition of the
District, any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with requirements of EPA/DEM.
Sec. 17-4.2 Prohibition of Septic Tanks, Privies, Etc.
(a) From and after the adoption of this ordinance, the construction or use of
any facility other than the public sanitary sewer for the treatment and/or
disposal of wastewater in the New Hanover County Water and Sewer District shall
be prohibited, except when the facility is constructed and/or used under a
condition set forth below:
(1) The construction and use of a septic tank, or similar facility as
determined by the Director, may be permitted when it has been
determined that a premise cannot, at the time said facility is
considered, be connected to a public sanitary sewer, and that there
is reasonable expectation that a septic tank can function effectively
in
compliance
with
the
provisions
of
this
Article.
Before
commencement of construction of a private wastewater disposal system,
the Owner(s) shall first obtain written approval by the New Hanover
County Health Department. The application for such permit shall be
made on a form furnished by the Health Department which the applicant
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shall supplement by any plans, specifications, and other information
as are deemed necessary by the New Hanover County Health Department.
A permit and inspection fee established by the New Hanover County
Health Department shall be paid at the time the application is filed.
Approval for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction of
the New Hanover County Health Department.
The New Hanover County
Health Department shall be allowed to inspect the work at any stage
of construction.
The type, capacities, location, and layout of a
private
wastewater
disposal
system
shall
comply
with
all
recommendations of the Divison of Health Services and Division of
Environmental Management of the State. No permit shall be issued for
any private wastewater disposal system employing subsurface soil
absorption facilities which do not comply with the Laws and Rules for
Ground Absorption Sewage Treatment and Disposal Systems, Section
.1900 of the North Carolina Administrative Code. The Owner(s) shall
operate and maintain the private wastewater disposal facilities in a
sanitary manner at all times, at no expense to the New Hanover County
Water and Sewer District.
At such time, in the judgment of the Director, the public sewer
becomes available to property served by a private wastewater disposal
system, a direct connection shall be made to the public sewer within
six (6) months.
Unusual or special circumstances, as determined by
the Director, may result in a waiver of this requirement by the
District.
(2) A facility for the treatment and/or disposal of nondomestic
wastewater will be permitted when approved by EPA/DEM, prior to any
wastewater discharge, under the regulations and procedures of
EPA/DEM.
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Sec. 17-4.3 Requirement of Sewer Use
(a) When the owner of a property under District jurisdiction shall use such
property in any manner which results in the generation of wastewater, such
wastewater shall be discharged into a public sanitary sewer, subject to the
provisions of 17-4.2.
The owner shall install at his expense a suitable
building sewer and any other facilities necessary to connect the building sewer
directly to the public sewer at an access point provided by the District.
(b) Whenever a building sewer connected to the public sanitary sewer becomes
clogged, broken, out of order, or detrimental to the use of the public sewer,
the owner having charge of any building or premise through which the building
sewer
collects
wastewater,
shall,
upon notification by
the Director,
reconstruct, alter, clean, or repair the building sewer as the condition of
such may require within thirty (30) days after receiving notification.
(c) The owner of a property in existence at the time of adoption of this
ordinance will within six (6) months of receipt of notice make connection to
the District sewage collection system in accordance with the provisions of
Article 4 of this Chapter.
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ARTICLE 5 BUILDINGS SEWERS AND CONNECTIONS
Sec. 17-5 Connection Fees
All costs and expenses incident to the installation of facilities to
connect the privately owned building sewer to the public sanitary sewer system
at the property line shall be borne by the owner through a connection fee
levied by the District.
Such fees shall be paid upon application or as stated
in the fee schedule prior to the installation of the sewer connection by the
District.
Sewer services connection fees shall be set forth in the Fee
Schedule.
Sec. 17-5.1 Separate Connections Required
A separate and independent building sewer shall be provided for every
building; an exception may be granted where one building stands at the rear of
another on an interior lot and it is not economically feasible for the District
to construct a public sewer and access point to the rear of the building
through an adjoining alley, court, yard, driveway, or other access.
In such
event, the building sewer may be extended to the rear building and the whole
considered as one building sewer.
shall be charged to each building.
Sec. 17-5.2 Method of Sewer Connection
However, separate wastewater service fees
(a) All connections to the District sanitary sewer system shall be made in
accordance with provisions and requirements of the Plumbing Code.
All such
connections shall be made at access points prescribed and provided by the
District; the applicant is responsible for constructing the building sewer in a
manner necessary to insure connection at said access point.
(b) If, at the time of the adoption of this ordinance, any connection exists
between a building sewer and public sanitary sewer at a point other than the
access point prescribed and provided by the District, the District may serve a
notice upon the owner immediately upon discovery. Said owner shall be subject
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to the provisions of this Chapter, and if service is disconnected, the owner
may receive access to a public sanitary sewer only by applying for and paying a
connection fee.
Sec. 17-5.3 Elevation of Sewer Connection
All building sewers shall be brought to the building at an elevation below
the lowest floor level having sanitary facilities.
In all buildings in which
any building drain is below a point which will permit a minimum average slope
of the building sewer of one foot per 100 feet, wastewater carried by such
building sewer shall be lifted by pumping units or other approved means and
discharged through a building sewer having said minimum average slope.
of said pumping units, piping and power shall be borne by the Owner.
Sec. 17-5.4 Prohibited Connections
No connections that will allow inflow to enter the District's wastewater
Costs
collection system shall be permitted.
Said prohibited connections shall
include but not be limited to the connection of roof downspouts, exterior
foundation drains, or other sources of storm waters or groundwater to a
building sewer which is connected directly or indirectly to a public sanitary
sewer.
Sec. 17-5.5 Public Hazard
All excavations for building sewer installation within the public
right-of-way shall be performed by District personnel or under permit issued by
the County Engineer and shall be adequately guarded with barricades and lights
so as to protect the public from hazard. Streets, sidewalks, plazas, and other
public property disturbed in the course of the work shall be restored in a
manner satisfactory to the District subject to the terms and conditions of the
permit.
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Sec. 17-5.6 Grease Removal
(a) Grease and oil traps or other interceptors shall be provided at the user's
expense, when such user operates an establishment preparing, processing or
serving food and/or food products. Grease interceptors may also be required in
other industrial or commercial establishments when they are necessary for the
proper handling of liquid wastes containing oil and/or grease in amounts in
excess of 75 mg/l, or for any flammable wastes.
All such traps, tanks,
chambers or other interceptors shall be of a type and capacity approved by the
Director and shall be readily and easily accessible for cleaning and
inspection.
All such interceptors shall be serviced and emptied of the waste
content as required, but not less than every 30 days, in order to maintain
their minimum design capability to intercept oils and greases from the
wastewater discharged to the public sanitary sewer.
(b) Wastes removed from grease interceptors shall not be discharged into the
public sanitary sewer.
disposal of such wastes.
Sec. 17-5.7 Sand and Grit Removal
The owner shall be responsible for the sanitary
(a) Sand and grit traps or other interceptors shall be provided at the owner's
expense when they are necessary for the proper handling and control of liquid
wastes containing sand and grit in excessive amounts.
All such interceptors
shall be of a type and capacity approved by the Director and shall be readily
and easily accessible for cleaning and inspection. All such interceptors shall
be serviced and emptied of their solids contents as required, but not less
often than every 30 days, in order to maintain their minimum design capability
to intercept grit and sand prior to the discharge of wastewaters to the public
sanitary sewer.
Failure to comply may result in the implementation of
enforcement procedures.
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(b) Wastes removed from sand and grit interceptors shall not be discharged
into the public sanitary sewer.
sanitary disposal of such wastes.
Sec. 17-5.8 Preliminary Treatment Devices
The owner shall be responsible for the
Where preliminary treatment, pretreatment, flow-equalizing facilities, or
grease, oil, grit and sand traps or other interceptors are provided for any
wastewater, they shall be continuously maintained in satisfactory condition and
effective operation by the owner at his expense.
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ARTICLE 6 PERMITS
Sec. 17-6 Industrial Permits
Any person who owns or operates a facility producing or proposed to
produce wastewater of any quantity, strength, or other quality which would not,
or may not, meet the conditions and limitations set forth in this Chapter, and
who is connected to, or desires to make connection to the public sanitary
sewer, shall make application to the Director for a Waste Discharge Permit
authorizing continued discharge, or an industrial connection for discharging of
the described attendant wastewater.
Any person desiring to discharge septic
tank wastes into the public sanitary sewer pursuant to this Chapter shall make
similar application to the Director for a Waste Discharge Permit.
(b) The Superintendent of Inspections of the County will not issue a building
permit or certificate of compliance for any structure for an industrial user
until the applicant presents to him a certified copy of a completed and
approved industrial sewer connection and waste discharge application.
Sec. 17-6.1 Effective Date
All persons whose plants, buildings, or premises are connected to the
public sanitary sewer from and after the effective date of this ordinance, who
may be subject to the provisions hereof, and who have not heretofore obtained
an industrial waste discharge permit shall have 30 calendar days after
notification within which to make application to the District for a permit as
required herein.
Sec. 17-6.2 Permit Application
Users seeking a Waste Discharge Permit shall complete and file with the
Director an application of a form prescribed by the Director, accompanied by
the applicable fee.
The Director may further require that the application
include any additional information deemed necessary by the Director in order to
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determine if pretreatment will be required to meet the conditions and
limitations of this Chapter, or to meet EPA/DEM pretreatment standards. The
Director may further require any information which is required by EPA/DEM and
the City of Wilmington.
Sec. 17-6.3 Pretreatment Requirements
(a) The Director will determine through review of the industrial discharge
permit application and in cooperation with the applicant whether the waste
produced shall be pretreated by the applicant before it is discharged into the
District sewer. When appropriate, at facilities already in operation, sampling
of wastes to determine characteristics may be performed by the District at the
applicant's cost.
The Director shall advise the applicant of the level of
pretreatment required and of a compliance schedule. If the Director determines
that such waste must be pretreated, the applicant shall submit to the Director
for approval, plans and specifications of the proposed pretreatment facilities.
If such plans and specifications are approved as submitted, or as amended by
the Director, the applicant shall proceed according to an agreed schedule to
provide such pretreatment facilities.
(b) The construction plans for such pretreatment plants or facilities shall
after their approval be placed on file in permanent reproducible form with the
Director without cost to the District.
(c) If the pretreatment facilities are completed according to the approved
plans and specifications, and the applicant demonstrates its effective use and
provides a proper sewer connection and industrial waste discharge application,
the Director shall issue the applicant a Waste Discharge Permit. The permit
shall authorize such connection and permit the applicant to discharge such
waste into the public sewer at the rate and in the quantity and/or connection
stated therein. These pretreatment facilities shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
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representatives shall have no authority to inquire into any processing
including those of the metallurgical, chemical, oil refining, ceramic, paper,
or other industries beyond that point having a direct bearing on the volume,
nature and source of discharges to the District's wastewater collection system
and/or storm sewers or other natural outlets.
(b) While performing the necessary work on private properties referred to
above, the Director or duly authorized employees and agents of the District
shall observe all safety rules applicable to the premises established by the
owner.
(c) The property owner shall not be released from liability to any extent in
the event that a District agent or employee is injured while making inspections
which are pursuant to this Article on privately-owned property as a result of
negligence on the part of the private property owner or any of his agents or
employees.
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ARTICLE 7 PROHIBITED DISCHARGES
Sec. 17-7 Discharge of Unpolluted Waters
No person shall cause to be discharged inflow, groundwater, uncontaminated
cooling water, or uncontaminated process water to any public sanitary sewer.
Such water and other unpolluted water may be discharged to a sewer designated
specifically as a storm sewer, or to a natural outlet, provided such discharge
is approved by the local, state, or federal jurisdiction having authority.
Sec. 17-7.1 Prohibited Wastes and Limitations
(a) No person shall discharge or cause to be discharged from any point any of
the following described wastewaters to any public sanitary sewers:
(1) Any liquid or vapor having a discharge temperature higher than 1200F,
nor any liquid or vapor having heat in such quantities that the
temperature at the treatment plant influent exceeds 1040F.
(2) Any wastewater which contains more than 75 mg/l by weight of oil
and/or grease, or containing any substances that will solidify or
become viscous at temperatures between 32 of and 1500 at the point of
discharge into the system.
(3) Liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the sewerage facilities or to the operation of the system. At
no time shall two successive readings on an explosion hazard meter,
at the point of discharge into the sewer system, be more than five
percent (5%) nor any single reading over ten percent (10%) of the
Lower Explosive Limit (L.E.L.) of the meter. Such potentially
explosive materials include, but are not limited to, gasoline,
kerosene,
naphtha,
benzene,
toluene,
zylene,
ethers,
alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides.
. ,
(4) Any wastewater that contain more than 2 mg/l by weight, of
hydrochloric acid, hydrogen sulfide, sulfur dioxide, or nitrous
oxide.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, tars,
plastics, wood, rags, and other fibrous solids, feathers, offal,
whole blood, paunch contents, manure, hair and fleshings, entrails,
lime slurry and lime residues, beer or distillery slops, chemical
residues, fiberglass, paint, paint thinners, latex, laquers or ink
residues,
cannery waste, unshredded bulk solids with particles
greater than one-half (~) inch in any dimension; discharges from
photographic laboratories; or any other solid or viscous substance
capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the wastewater collection
system and the wastewater treatment facilities.
(6) Any wastewater having a stabilized pH lower than 6 or higher than 9
or having any other corrosive property capable of causing damage or
hazard to sewers which are constructed of PVC, vitrified clay, cast
iron, ductile iron, ABS plastic and/or concrete; associated or
connected structures; equipment; and/or personnel of the wastewater
collection system, the wastewater treatment facilities, and/or the
treatment process.
(7) (i) Any wastewater containing toxic or poisonous substances in such
concentrations as to constitute a hazard to humans animals, fish
or birds; or to interfere with any wastewater treatment process;
or to create any hazard in the receiving waters of the
wastewater treatment plant.
(ii) In no event shall any person exceed the following limits on
toxic or poisonous substances:
Fixed Upper Limits for Constitutents (mg/l), by weight):
Ammonia 30.00
Arsenic 0.05
Barium 1.00
Cadmium 0.02
Chlorinated Hydrocarbons 0.40
Chromium (hexavalent) 0.50
Chromium (total) 1.00
Copper 0.10
Cyanide 0.10
Fluorides (total) 1.00
Iron 3.00
Lead 0.10
Manganese 1.00
Mercury 0.005
Methylene Chloride 0.50
Nickel 1.00
Organic Nitrogen 15.00
Phosphates (total) 10.00
Selenium 0.02
Silver 0.10
Sulfates (total) 100.00
Sulfides (total) 5.00
Surfactants 8.00
Zinc
0.50
The limits fixed herein shall be minimum requirements of all
industrial users but do not relieve the user from limiting
...
concentrations of these or other elements or chemical substances
which may constitute a public health or safety hazard, or
interference with the public wastewater treatment process, as
provided in Subsection (a) above.
(8) Any noxious or malodorous gas or substance, singly or by interactions
with other wastes being capable of creating a public health or safety
nuisance or hazard to life or preventing entry into public sanitary
sewers for their maintenance, inspection, and repair.
(9) Any wastes which are of unusual volume, concentration of solids, or
composition that may create obstruction to the flow in
sewers or
other interference with the proper operation of the wastewater works
and the proper treatment of the influent.
(10) Wastewater
containing
substances
which
are
not
responsive
to
treatment by the wastewater treatment processes employed, or are
responsive to treatment to only such degree that the wastewater
treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any wastewater containing more than 1,500 mg/l total solids.
(12) Wastewaters at a flow rate or containing such concentrations or
quantities of pollutants, that: (i)
exceeds for any time period
longer than fifteen (15) minutes more than five (5) times the average
twenty-four
operation;
(24)
and (ii)
hour
concentration
as defined during normal
that would cause a
treatment process upset and
subsequent loss of treatment efficiency.
(13) Any wastewater containing phenols or other taste producing substances
in such concentrations as to produce odor or taste in the effluent as
to effect the taste or odor of the receiving water.
(14) Any wastewater containing boron or chlorides in such concentrations
as to interfere with any operation of the public wastewater treatment
facility, or to cause the wastewater treatment plant effluent to fail
to meet requirements of other agencies having jurisdiction over
discharge to the receiving waters.
(15) Radioactive wastes or isotopes of such half-life or concentration
that they do not comply with regulations or orders issued by the
appropriate state or federal agency having control over their use,
and which will or may cause damage or hazards to the sewerage
facilities or personnel operating the system.
(16) Any concentrated dye wastes, spent tanning solutions, or other wastes
with objectionable color, not removable by the treatment process.
(17) Any wastewater containing polychlorinated biphenyls (PCB's).
Sec. 17-7.2 BOD Limit
The admission into the public sewers of any wastewaters having:
(1) a 5-day biochemical oxygen demand (BODS) in excess of 250 mg/l by weight on
a 24-hour composite sample basis, or, (2) for any sample taken at random, (grab
sample) having a 5-day biochemical oxygen demand (BODS) in excess of three
times the average influent value for the affected wastewater treatment facility
during the previous calendar year, will be subject to review by the Director
and/or the City. When, in the opinion of the Director, discharge of wastewater
into the public sewer system in strength exceeding the limits stated above may
not be treatable at the publicly owned treatment works according to standards
or as required by EPA/DEM, or when such discharge may interfere with the
operation of the treatment works, the user shall, at his own expense, provide
and operate pretreatment facilities and pretreat wastes to be discharged as
may be required to meet the limits stated in this section. When the discharge
of wastewater of strength exceeding these limits is permitted by the Director,
the user may (in addition to any other remedy) be assessed surcharge rates.
Sec. 17-7.3 Chemical Oxygen Demand (COD)
The admission into the public sewers of any water or waste having a
chemical oxygen demand (COD) in excess of three times the average influent
value for the affected wastewater treatment facility during the previous
calendar year, will be subject to review by the Director. Discharges exceeding
these limits may (in addition to any other remedy) be assessed surcharge rates.
When necessary, in the opinion of the Director, pretreatment may be required as
stated for BODS heretofore.
Sec. 17-7.4 Suspended Solids (SS)
The admission into the public sewers of any waters or wastes having a
suspended solids content in excess of 200 mg/l, by weight, on a 24-hour
composite basis or having a suspended solids content for any grab sample
greater than three times the average influent value recorded at the affected
wastewater treatment facility during the previous calendar year, will be
subject to review by the Director. Discharges exceeding these limits may (in
addition to any other remedy) by assessed surcharge rates. Where necessary, in
the opinion of the Director, pretreatment may be permitted as stated for BODS
heretofore.
Sec. 17-7.5 Flow Equalization
The admission into the public sewers of any wastewater in volumes, or with
constituents, such that the transportation of such wastewater through the
public sewer to the treatment facility will not sufficiently dilute such
wastewater to prevent interference with treatment or to prevent endangerment of
public health and safety at the treatment facility shall be prohibited.
,
.
.
When necessary, facilities for varying the rate of discharge may be required as
part of the building sewer in order to bring constituents or volume of flow
discharged within the limits previously prescribed or to an otherwise
acceptable level, and/or to hold or equalize flows such
that no peak flow
conditions may hamper the operation of any unit of the public sewer or
treatment facility.
Such equalization unit shall have a capacity suitable to
serve its intended purpose, and be equipped with acceptable outlet control
facilities to provide flexibility in operation and accommodate changing
conditions in the waste flow.
Equalizing facilities shall be provided to
prevent flows from exceeding the following limits:
Average Flow
Gallons/Day
Allowable Ratio of
Peak to Average Flow
10,000 to 100,000
3
100,000 to 500,000
2
More than 500,000
1.5
Sec. 17-7.6 Deleterious Discharges
(a) If any wastewater is discharged, or is proposed to be discharged to the
public sewers, which contain the constituents or posses the characteristics
enumerated in the preceeding sections of this Chapter, and which may have a
deleterious effect upon the wastewater collection system, wastewater treatment
processes, equipment, or receiving waters, or which otherwise create a hazard
to life or constitute a public nuisance, the Director may as a condition to the
Waste Discharge Permit:
(1) Reject the wastes,
(2) Require pretreatment to an acceptable condition for discharge
to the public sewers,
(3) Require control over the quantities, concentration, and/or
rates of discharge, and/or
(4) Require payment to cover the added cost of receiving, handling
and treating the wastes not covered by current charges of fees
for wastewater service.
(b) If the Director permits or requires the pretreatment or equalization of
waste flows, the design, installation of the plants and equipment and their
effective operation shall be subject to the prior review and approval of the
Director and the local, state, and federal agencies having jurisdiction and
shall be subject
to the requirements of all other applicable rules,
regulations, ordinances, and laws.
(c) In the event a spill or loss into the building sewer of any deleterious
materials is threatened or occurs, the owner shall promptly notify the Director
of the nature of the spill or threatened spill, the quantity, and if it has
occurred, the time of the spill. The cause of such spills and losses of
deleterious materials shall be corrected, and the costs of such correction,
together with all resulting damages, shall be borne by the owner.
..
. '.
.
ARTICLE 8 QUALITY AND QUANTITY DETERMINATIONS
Sec. 17-8 Quality Change
(a) The Director shall, from time to time, have tests made to determine the
quality of waste being discharged into the public sewer from individual users
of the wastewater system or from connections of building sewers carrying
composite waste
from domestic users and/or industrial users and from
connections including the premises of Industrial Waste Discharge Permit holders
under the provisions hereof.
If, at any time, such waste becomes of such a
quality and/or quantity that requires pretreatment, then the Director shall
have the authority to require that proper permits be obtained and proper
pretreatment facilities be installed by the permit holder at his expense.
(b) In the event of a significant change in a wastewater system user's wastes
being discharged to the public sanitary sewer, the user shall promptly notify
the Director of the nature of the change in quality or strength and in volume.
These changes shall be subject to verification by the District.
Appropriate
remedies for the adequate treatment of such wastes thus tested may be required
by the Director.
"Significant" is defined here to mean a change of 10 percent
or more in strength and/or volume of wastes.
Sec. 17-8.1 Standards of Waste Discharge and Delivery
(a) The delivery of all effluent from a user to the public sanitary sewer
shall be at a reasonable and uniform discharge rate, as produced without
storage except that which is necessary in the pretreatment or equalization
facilities of the waste producer.
(b) Wastes will be accepted which have satisfactory conditions or quality
after pretreatment by the industrial user in a pretreatment facility and/or by
a process which has been approved by the Director and which is continuously
maintained and operated by the producer at no cost to the District and which is
!.~
continuously
subject
to
inspection by the Director or his designated
representative.
Sec. 17-8.2 Septic Tank and Portable Toilet Wastes
The discharge of septic tank waste into the public sanitary sewer system
by any means shall be prohibited.
Septic tank and portable toilet wastes will
be received by the City only at the designated disposal site.
Said wastes
shall conform in character to all conditions and limitations of wastewater
discharge as set forth by the City of Wilmington.
No septic tank waste, nor any other substance, either liquid or solid,
shall be discharged into the public sanitary system in any manner not duly
authorized by a provision of this Chapter.
Sec. 17-8.3 Quality Determination/Effluent Sampling
(a) Periodic measurements of flow, suspended solids, BOD and other appropriate
waste characteristics for surcharge determination and other purposes shall be
made by those permittees specifically designated by the Director. The Director
shall determine the number of 24-hour flow measurements and samples required.
Continuous monitoring may be required by the Director in cases involving large
fluctuations in quantity or quality of wastes, or if the wastewater appears to
have characteristics which may damage the receiving system.
(b) All public sanitary sewer users whose total average sewage discharge is
greater than 50,000 gallons per day, or whose total average discharge has a
flow or pollutant loading requiring utilization of greater than five percent of
the design capacity of the City's treatment works, shall, unless exempted by
the Director, install and maintain, at the user's expense, facilities for
continuously
measuring
and
sampling
the
total waste
discharge.
This
requirement may be waived for a particular user only when the quantity, flow
rate, and characteristics of the wastewater can be adequately determined
..
without such structures; when the physical arrangement of industrial plant
facilities with respect to sewer facilities make such an arrangement unusually
costly and other means of ascertaining the quantity,
flow rate,
and
characteristics can be devised; or when previous sampling facilities have been
built by either the City, District, or a prior owner. When the Director shall
determine for such facilities discharging less than 50,000 gallons per day that
the nature of the discharge and/or conditions of the permit warrant continuous
monitoring and sampling, the Director may require such user to install and
maintain sampling facilities as stated heretofore.
(c) All flow measurements, sampling, and analysis shall be performed by
qualified personnel; all laboratory analyses of industrial wastewater samples
shall be performed by an EPA/DEM certified laboratory in accordance with
current standard chemical analysis methods for wastewater established by
EPA/DEM.
All samples shall represent the normal wastewater flow from the
premises over a 24-hour period.
The samples shall be composited according to
the flow either manually with at least one sample collected hourly, or by
automatic intergrated sampling equipment.
(d) Unless otherwise prescribed by the Director, self-monitoring reports of
the sampling shall be submitted to the District quarterly in accordance with
following schedule:
Monitoring Period Report Due Date
January 1 - March 31 April 15
April 1 - June 30 July 15
July 1 - September 30 October 15
October 1 - December 31 January 15
(e) Where a permittee operates as an integrated complex involving varying
processes and having separate industrial waste sewer connections within the
same contributory area, such permittee may be considered as one unit with
multiple connections.
An analysis for each connection may be combined in
proportion to the flow from the connection and the weighted average of the
results thus obtained may be used as the measure of the total flow and
concentration of the wastewater discharged into the public sanitary sewer.
(f) The handling, storage, and analysis of all samples taken for the
determination of the characteristics of waste discharged shall be performed in
accordance with standard methods.
(g) The District or City may test for quality, to include sampling, any of the
waste being discharged to the public sanitary sewers at any time.
A duly
authorized representative of the Director may enter an industrial user's
facility at any time, by appropriate application at the plant office during
business or operational hours, for this purpose or for reviewing operations in
the plant to estimate the quality of wastes being produced.
Sec. 17-8.4 Quantity Determination
(a) Unless otherwise provided, the quantity of wastewater delivered to the
public sanitary sewers shall be the same as the water metered by meter on the
producer's water system.
The delivery capacity of the private water source
must be metered at the sewer user's expense, using an accurate and dependable
metering device approved by the District. The wastewater system user shall pay
to the District the costs incurred in periodic water meter maintenance, water
meter reading, and wastewater service billing.
Such water metering devices
shall be available to District personnel at all reasonable times.
(b) Should the user evaporate or otherwise dispose of water produced from its
water supply, it shall be the obligation of the user's to install at his
expense such meters or other flow measurement devices to accurately determine
the portion or quantity of the metered water delivered to the wastewater
system.
(c) The Director may establish a constant ratio, factor, or percentage to be
applied to the metered water quantity produced from the wastewater system
user's sources in order to estimate the quantity of wastewater delivered by the
user. Determination of this factor shall be the responsibility of the user as
will be the demonstration of the accuracy and generality of the factor to
obtain the Director's approval thereof.
The value of this factor will be
periodically reviewed for accuracy and may be revised.
(d) All domestic and industrial users served by the District wastewater system
shall pay a sewer user charge to the District in accordance with Article 8 of
this Chapter.
(e) Where no payment procedure is established, it shall be the obligation of
the owner in all instances to immediately submit to the Director a statement
concerning water consumption and disposal upon which waste water water service
fees can be determined.
If changes in the consumption and disposal conditions
so stated take place after billing rates and charges have been initially
established, a further statement is required to be submitted on forms supplied
by the Director.
Sec. 17-8.5 Powers and Authority of Inspectors
(a) The Director and other duly authorized agents or employees of the District
bearing proper credentials and identification shall be permitted to enter all
properties, pri va tely and publicly owned, for the purposes of meter reading,
inspection,
observation,
measurement,
gauging,
sampling,
and testing in
accordance with with the provisions of this ordinance. The Director or his
, '
_(d) The conditions and limits under this Chapter shall be used as pretreatment
plant design criteria and shall be applied to the maximum estimated rate of
flow through the plant.
The minimum pretreatment for industrial or other
wastewater, which is consistently without pH limits but requires pretreatment,
shall be to pass wastewater through a grease trap or other interceptor
providing a minimum detention period of 10 minutes between the influent and
effluent baffles with 20 percent of the total volume of the grease trap or
interceptor being allowed for a sludge pocket. This sludge pocket shall be
serviced as required, but at intervals of not longer than 30 days at the
owner's expense.
It shall be kept free of inorganic solids which settle into
the required sludge pocket, and all grease or other floating material shall be
skimmed from the trap or basin tank at intervals of frequency sufficient to
avoid accumulation of scum covering the surface of the liquid, but not less
frequently than each 30 days.
(e) Upon written notification by the Director that a grease interceptor is
required for a given discharge, the user will have a period of 120 days for
compliance.
Such compliance consists of the provisions to the Director of
detailed plans and specifications for approval and the method of installation
and operability of a grease trap or other interceptor device.
Failure to
comply will result in the implementation of the enforcement procedures of this
Chapter.
(f) There shall be a debris screen included in pretreatment facilities
immediately preceeding and/or following the grease interceptor through which
all industrial waste, excepting flow from toliet and personal sanitary
facilities, shall pass.
A debris screen may be required as the final feature
of a pretreatment facility with a maximum size opening necessary to protect the
public sewer system.
(g) The solid matter removed from any interceptor or that which is retained by
the debris screen shall be disposed of in lawful manner, without nuisance, by
the owner at his expense, but shall in no case be placed in the District
wastewater system.
(h)
Should the wastewater system customer operate a grease trap,
an
interceptor or other pretreatment device in which inorganic sludge is collected
and stored, such inorganic sludge shall not be placed in the District
wastewater system and all effluent from such pretreatment plant or device must
pass through the required debris screen.
(i) If it is determined that an applicant discharges wastewater which does not
require pretreatment, the applicant will be issued a permit permitting the
applicant to discharge wastewater to the public sewer at a publicly provided
access point at a rate, and in the quantities and qualities stated in the
permit.
Sec. 17-6.4 Permit Cancellation
If any industrial user is in violation of any condition of this Waste
Discharge Permit or any other provision of this Chapter, and it is determined
pursuant to this Chapter that said user's service shall be discontinued, the
Waste Discharge Permit shall be cancelled upon said disconnection. Any
industrial user whose permit has been cancelled may receive a publicly provided
access to the public sanitary sewer only after making an application for a new
Waste Discharge Permit.
Sec. 17-6.5 Permit Fees
Each Waste Discharge Permit issued under the provisions hereof shall
terminate at the expiration of one year from the date of its issuance. Permit
fees for initial permit issuance, annual permit renewal and restoration of the
permit shall be as set forth in the Fee Schedule.
Sec. 17-6.6 Ownership Changes
In the event that an industrial user authorized to connect to the
wastewater system for industrial waste disposal under the provisions hereof is
sold, leased, or its ownership is otherwise changed or the industrial operation
thereof is operated by a person other than that named in the permit, a new
application for a Waste Discharge Permit shall be made by the new owner. No
permit issued under the provisions hereof shall be asignable to any other
person.
Sec. 17-6.7
(a ) Any
Effect of Approvals
approval by the Director
of
a
type,
kind,
or
capacity
of
a
pretreatment
facility
installation shall not relieve a person of
the
responsibility of subsequently revamping, enlarging, or otherwise modifying
such pretreatment installation to accomplish the original intended purpose or
to meet new or revised standards.
Nor shall any written or oral agreement as
to limits of waste constituents or volumes of wastewaters be considered as
final approval for continuing operation or otherwise prevent the District from
subsequently withdrawing its approval.
These limits will be subject to
monitoring, study and change as considered necessary to serve their intended
purpose.
(b) Changes in the characteristics and/or volumes of wastewater of any permit
holder will constitute a basis for the Director's requiring a new Application
for a Waste Discharge Permit.
(c) Furthermore, permits issued may be modified as may be necessary due to
changes in pretreatment requirements by EPA/DEM and the City of Wilmington.
Sec. 17-6.8 Property Rights
The issuance of a permit by the Director does not covey any property
rights in either real or personal property, or any exclusive privileges, nor
does it authorize any injury to private property or any invasion of personal
rights, nor violation of applicable federal, state, or local laws, ordinances
or regulations.
Sec. 17-6.9 Prior Approval Required
No industrial waste, pretreatment waste, or any waste other than domestic
wastewater shall be permitted to connect to the District's sanitary sewer
system without the prior approval of the Director of Public Works of the City
of Wilmington.
. .
ARTICLE 9 RATES AND FEES
Sec. 17-9 Sewer Service Connection Fees
Sewer service connection fees shall be charged pursuant to Article 4 of
this Chapter to cover the cost of providing an access point to the public sewer
for the applicant. Said fees shall be as specified in the Fee Schedule.
Sec. 17-9.1 Basic User Charges
Sani tary sewer service rates shall be as established in the Fee Schedule.
The charges and fees developed in accordance with the provisions of this
Article shall be based on the formula (Cu = Ct/Vt (Vu) as approved in the
Wastewater User Charge System..
Sec. 17-9.2 Extra Strength Wastewater Surcharges
(a) Standard strength wastewater shall be defined as that wastewater having a
maximum BODS, COD, and Suspended Solids concentration as follows:
BODS
COD
Suspended
Solids (SS)
(b) Industrial wastewater surcharges shall be assessed to any industrial users
250 mg/l
750 mg/l
200 mg/l
discharging wastewater, including constituents, at a concentration exceeding
any of the limits established in this Chapter. Surcharge rates shall be as set
forth in the Fee Schedule.
, '
ARTICLE 10 ENFORCEMENT
Sec. 17-10 Discontinuation of Service
The District may discontinue wastewater treatment and disposal service to
a customer when:
(a) A government agency having jurisdiction informs the City that the effluent
from the publicly-owned wastewater treatment facility is no longer of quality
permitted for discharge to a watercourse, and it is found that the customer is
delivering wastewater to the wastewater system that cannot be sufficiently
treated or that requires treatment that is not provided by the City; or
(b) The customer commits any of the following actions:
(1) Discharges industrial wastewater of quality or quantity that is in
violation of
the Waste Discharge Permit;
commits
any action
prohi bi ted by such Permit or provision of this Chapter; or fails to
comply with any required provision of such Permit or provision of
this Chapter.
(2) Discharges waters or wastes having a deleterious effect upon the
wastewater system.
(3) Discharges wastewater at an uncontrolled, variable rate in sufficient
quantity to cause an imbalance in the wastewater system and/or the
wastewater treatment process.
(4) Fails to pay user charges or other fees for wastewater services when
due.
(5) Discharges prohibited wastes to the public sanitary sewer.
(6) Makes a connection of a building sewer to a public sanitary sewer at
a point other than the publicly provided access.
(7) Discharges inflow, or uncontaminated cooling water or process water
into the public sanitary sewer.
(8) Fails to properly clean and dispose of wastes collected in grease or
grit interceptors.
, !
(9) Discharges
industrial wastewater
under
provisions
of
a Waste
Discharge Permit
issued to a person other than the customer
discharging the wastewater.
(10) Fails to renew expired Waste Discharge Permit.
(11) Fails to meet compliance schedules established upon mutual agreement
of the customer, the City and the District.
(12) Otherwise violates the provisions of this Chapter or fails or omits
to perform in such a manner as to constitute good cause for
disconnection contary to the purpose and intent of this Chapter.
Sec. 17-10.1 Procedure for Discontinuation of Service
(a) The District shall serve a written notice to any person allegedly
violating any provision of this Chapter. Said notice shall state the specific
nature of the violation and provide the person not less than ten (10) days to:
(i) correct the violation; or (ii) inquire regarding the notice, and, if the
person feels he is not in violation, or that compliance requires greater than
ten days, request a hearing before the Director.
If the person does not
respond within the time prescribed in the notice, the District may immediately
discontinue service to this person upon the expiration of the prescribed time.
(b) If the person allegedly in violation of a provision of this Chapter
requests a hearing before the Director, the Director shall, within five (5)
days of such person's claims, establish the time and place for such hearing.
If, as a result of the hearing, the Director determines that the person is in
violation of the provision as alleged in the notice, he shall order the person
to correct the condition(s) giving rise to the violation, and establish a
reasonable time for compliances.
If the Director cannot, at the hearing,
determine the existence or extent of the alleged violation, he may order the
suspension of services pursuant to Section 17-10.2 pending further
, 1 I I
. .
investigation.
In the case of suspension of services, the person is entitled
to request a second hearing following the period of suspension, and in the
event he does so, no further action may be taken by the District until the
conclusion of the second hearing.
Sec. 17-10.2 Suspension of Service
If an industrial user is suspected of discharging wastewater into a public
sanitary sewer which is causing operational problems at the public wastewater
treatment facility, pump station, or public sanitary sewer, and said discharge
would be in violation of this Chapter; further, said user has been issued a
written notice pursuant to Sec. 17-10.1 but has denied the alleged violation;
then the District may require that the user cease to discharge into a public
sanitary sewer, upon a hearing by the Director, for up to thirty (30) days.
Said suspension shall be only for the purpose of clearly determining the
operational effect of the user's discharge, and said suspension shall not be
made if it will likely endanger the public health, safety, or welfare or
otherwise create a public health or safety nuisance.
Depending upon the
results of the suspension on the operation of the wastewater treatment
facilities, the District may take appropriate action to either restore service
or discontinue further service pursuant to Sec. 17-10.1.
Sec. 17-10.3 Discontinuation in Protection of Health and Welfare
When any public sanitary sewer user discharges, or threatens to discharge,
any wastewater which is prohibited by this Article an may cause a present or
imminent and substantial endangerment to the health and welfare of persons, or
is likely to cuase the disruption or inhibition of the operation of the City's
wastewater treatment facilities, the Director may immediately, upon written or
verbal notification to the user, discontinue service to said user.
In such
event,
the District shall serve a written notice to the user after
~ J
, I
. r
discontinuation of service and shall, where feasible, follow the procedural
requirements of Sec. 17-10.1. If, upon fulfillment of such requirements, it is
determined that no violation has occurred, service to the user shall be
restored at no cost to the user.
Sec. 17-10.4 Recovery of Expense, or Damage to City's or District's System by
Reason of Violation
Any person violating any provision of this Chapter, or any person who
shall have broken, damaged, destroyed, uncovered, defaced or tampered with any
structure, appurtenance or equipment which is part of the wastewater collection
system or the wastewater treatment facilities, shall be liable to the District
and/or City for any expense, loss, or damage suffered by the District and/or
City by reason of such violation including, but not limited to, the costs of
investigation; expert fees, tests and analyses; and reasonable attorneys' fees.
If such violation results in the District's making a disconnection of building
sewer from a public sewer pursuant to Article 9 of this Chapter, the person
shall further be liable to the District for all expense to the District in
making such disconnection.
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ARTICLE 11 SEVERABILITY
Should any provision of this ordinance be declared invalid for any
reason, such declaration shall not affect the validity of other provisions, or
of this ordinance as a whole, it being legislative intent that the provisions
of this ordinance shall be severable and remain valid notwithstanding such
declaration.
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ARTICLE 12 EFFECTIVE DATE
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This ordinance shall be in full force and effect from and after the
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day of
(CORPORATE SEAL)
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APPROVED AS TO FORM:
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NEW HANOVER COUNTY WATER AND SEWER DISTRICT
BY: ~ ~fJf). ~
Chairman
Board of District Commissioners