Metropolitan Sewerage District of Buncombe County, North Carolina -

SEWER USE ORDINANCE
OF
METROPOLITAN SEWERAGE DISTRICT
OF
BUNCOMBE COUNTY, NORTH CAROLINA

THOMAS E. HARTYE, P.E.
GENERAL MANAGER
Effective: May 7, 2003

TABLE OF CONTENTS

(Click on title to jump to section)

1.01	Purpose and Policy	2
1.02	Abbreviations	3
1.03	Definitions	3
1.04	Inclusion in Definitions	11

SECTION 2 USE OF PUBLIC SEWERS REQUIRED

2.01	Discharge of Untreated Wastewater Prohibited	11
2.02	Use of Sanitary Sewers	12

SECTION 3 PRIVATE WASTEWATER DISPOSAL

3.01	Holding Tank Waste	12
3.02	Additional Requirements	13

SECTION 4 WASTEWATER DISCHARGE PERMITS

4.01	Unauthorized Connections to Sewerage System	13
4.02	Permits to Discharge Industrial Waste for New Sources	13
4.03	Significant Changes in Industrial Waste Discharge	14
4.04	Permits to Discharge Industrial Waste for Existing Industrial Users	14
4.05	Discharge Prohibited Where Permits Denied	14
4.06	Conditions for Issuing or Renewing Permits	15
4.07	Permits for Industries Subject to National Categorical Pretreatment Standards	15
4.08	Permit Provisions	15
4.09	Permit Conditions and Duration	16
4.10	Permit Transfers	17

SECTION 5 EXCLUDED WASTES

5.01	General Prohibitions	17
5.02	Prohibited Wastes	17
5.03	Specific Prohibited Wastes	18
5.04	Specific Pollutant Limitations	19
5.05	Standards and Requirements for Food Service Establishments	22
5.06	Construction Standards for New Food Service Establishments	23
5.07	Construction Standards for Existing Food Service Establishments	24
5.08	New Food Service Establishments in Existing Buildings	25


SECTION 6 PRETREATMENT

6.01	Responsibility for Pretreatment	26
6.02	Authorization to Construct	26
6.03	Maintenance of Pretreatment Facilities	26
6.04	Additional Pretreatment Measures	26
6.05	Pretreatment for Accidental Discharge	27

SECTION 7 FLOW AND CONCENTRATION CONTROL

7.01	Discharge of Slugs Prohibited	27
7.02	Control of Discharge Rates	27
7.03	Discharge/Slug Control Plans	27

SECTION 8 MEASUREMENT OF FLOW

8.01	Determination of Wastewater Volumes	28
8.02	Provision, Calibration and Certification of Flow Meters	29
8.03	Identification of All Flows Required	29

SECTION 9 MONITORING FACILITIES

9.01	General Requirements for Monitoring Facilities	29
9.02	Maintenance of Monitoring Facilities	29
9.03	Continuous Recording and Sampling Equipment	29
9.04	Construction Periods	30
9.05	Additional Facilities for Present Users	30
9.06	Monitoring Facilities for New Users	30

SECTION 10 INSPECTIONS, MONITORING REPORTING AND RECORDS

10.01	Periodic Inspections	30
10.02	Reporting Requirements for Applicable Categorical Standards	30
10.03	Compliance Schedule Progress Reports	31
10.04	Reports on Compliance with Categorical Pretreatment Standards Deadline	32
10.05	Periodic Compliance Reports for Significant Industrial Users	32
10.06	Reports of Changed Conditions	32
10.07	Reports of Potential Problems	32
10.08	Notice of Violation/Repeat Sampling and Reporting	33
10.09	Sampling, Analyses and Reporting for All Users	33
10.10	Notification of Discharge of Hazardous Material	34

SECTION 11 AUTHORITY FOR INSPECTION

11.01	Right of Entry	34
11.02	Ready Access	34
11.03	Monitoring Access	34
11.04	Security Arrangements	34

SECTION 12 CONFIDENTIAL INFORMATION

12.01	Confidential Information	35

SECTION 13 PROTECTION OF EQUIPMENT

13.01	Protection of Equipment	35

SECTION 14 ENFORCEMENT, PENALTIES AND COSTS

14.01	Enforcement Action	35
14.02	Civil Penalties	37
14.03	Hearing	38
14.04	Other Remedies	39
14.05	Remedies Nonexclusive	40
14.06	Affirmative Defenses to Discharge Violations	40
14.07	Annual Publication of Significant Noncompliance	41

SECTION 15 FEES

15.01	User Charges and Fees	41
15.02	User Charge and Fee Schedules	42

SECTION 16 SEWER EXTENSION PERMITS

16.01	Definitions	42
16.02	Permit for Extension or Modification to the Sewer System	42
16.03	Processing of Applications	43
16.04	Enforcement	44
16.05	Hearing	44
16.06	Permit Not Transferable	47

SECTION 17 SPECIAL ARRANGEMENTS

17.01	Special Arrangements	47

SECTION 18 SEVERABILITY

18.01	Severability	47

SECTION 19 CONFLICT

19.01	Conflict with Other Ordinances and Regulations	47
19.02	Conflict with Federal, State or Local Law	47

SECTION 20 AMENDMENT

20.01	Amendments	47

SECTION 21 ADOPTION AND EFFECTIVE DATE

21.01	Declaration of Intent to Adopt	48
21.02	Consideration of Comments and Suggestions	48
21.03	Adoption and Effective Date	48

A RESOLUTION ADOPTING AN ORDINANCE FOR THE METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, NORTH CAROLINA TO REGULATE AND CONTROL DISCHARGE OF WASTEWATER INTO THE SEWERAGE SYSTEM AND ISSUANCE OF SEWER EXTENSION PERMITS THE METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, NORTH CAROLINA

BE IT RESOLVED BY THE DISTRICT BOARD OF THE
METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, NORTH CAROLINA:

That the District Board of the Metropolitan Sewerage District of Buncombe County, North Carolina
does hereby adopt the following Ordinance:

SEWER USE ORDINANCE
OF
THE METROPOLITAN SEWERAGE DISTRICT
OF
BUNCOMBE COUNTY, NORTH CAROLINA

SECTION 1 GENERAL PROVISIONS

Section 1.01 Purpose and Policy

This Sewer Use Ordinance is adopted pursuant to provisions of North Carolina General Statutes, Section 162 A-69 and Section 162 A-81. This Ordinance enables the Metropolitan Sewerage District (MSD) to comply with all applicable State and Federal laws, including the Clean Water Act (33 United State Code §1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403). This Ordinance shall apply to all Persons who are Users or may become Users of the Sewerage System of the Metropolitan Sewerage District of Buncombe County, North Carolina. It is the purpose of this ordinance to protect, preserve and promote the public health and environment of the District.

The objectives of this ordinance are:

1.01.01		To prevent the introduction of pollutants into the Sewerage System that will interfere with the operation of the system or contaminate the resulting sludge;
1.01.02		To prevent the introduction of pollutants into the Sewerage System which will pass through the system, inadequately treated, into any waters of the State or otherwise be incompatible with the Sewerage System;
1.01.03		To promote reuse and recycling of industrial wastewater and sludges from the Sewerage System;
1.01.04		To protect both Sewerage System personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public;
1.01.05		To provide for equitable distribution of the cost of operation, maintenance and improvement of the Sewerage System; and
1.01.06		To ensure that the Sewerage System complies with its NPDES or Collection System Permit conditions, sludge use and disposal requirements and any other Federal or State laws to which the Sewerage System is subject.
1.01.07		This Ordinance provides for the regulation of direct and indirect contributors to the Sewerage System, through the issuance of permits to certain non-domestic Users and through enforcement of general requirements for other Users.

Section 1.02 Abbreviations

The following abbreviations shall have the designated meanings:

1.02.01	BOD	Biochemical Oxygen Demand.
1.02.02	CFR	Code of Federal Regulations.
1.02.03	COD	Chemical Oxygen Demand.
1.02.04	°C	Degrees Celsius.
1.02.05	°F	Degrees Fahrenheit.
1.02.06	DENR	(The) North Carolina Department of Environment and Natural Resources, Division of Water Quality.
1.02.07	EPA	(The) U. S. Environmental Protection Agency.
1.02.08	l	Liter.
1.02.09	mg	Milligram(s).
1.02.10	mg/l	Milligram(s) per Liter.
1.02.11	MSD	(The) Metropolitan Sewerage District of Buncombe County,North Carolina.
1.02.12	NPDES	National Pollutant Discharge Elimination System.
1.02.13	POTW	Publicly Owned Treatment Works.
1.02.14	RCRA	Resource Conservation & Recovery Act of 1976 as amended.
1.02.15	SIU	Significant Industrial User.
1.02.16	TSS	Total Suspended Solids.
1.02.17	U.S.C.	United States Code.

Section 1.03 Definitions

The following words, terms and phrases, wherever used in this Ordinance, shall have the meanings respectively ascribed to them in this Section unless the context plainly indicates otherwise or that a more restricted or extended meaning is intended.

1.03.01		Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §1251, et seq.
1.03.02		Accidental Discharge: Any release of Wastewater which, for any unforeseen reason, fails to comply with any prohibition or limitation in this Ordinance.
1.03.03		Approval Authority: The Director, the Division of Water Quality of North Carolina Department of Environment and Natural Resources or his designee (DENR).
1.03.04		Authorized Representative of a User: An Authorized Representative of an Industrial User shall be:
		(a) A principal executive officer of at least the level of vice-president if the User is a corporation.
		(b) A general partner or proprietor if the User is a partnership or proprietorship, respectively.
		(c) A duly Authorized Representative of the individual designated above if such representative is responsible for the operation of the facilities from which the Indirect Discharge originates.

1.03.05		Best Management Practices (BMP): Consistent maintenance practices to insure that the grease trap and/or grease interceptor effluent, maintenance and structure are in compliance. Such practices include but are not limited to regular cleanout schedules, posted cleanout procedures and grease reduction guidelines.
1.03.06		Biochemical Oxygen Demand or BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20°C (68°F) expressed in terms of weight and volume (mg/L).
1.03.07		Building Sewer or House Connection: The connecting pipe from a building, beginning five (5) feet outside the inner face of the building wall, to a Sanitary Sewer.
1.03.08		Bypass: The intentional or unintentional diversion of wastestreams from any portion of a User's facility.
1.03.09		Categorical Standard: National Categorical Pretreatment Standard or Pretreatment Standard as defined in Subsection 1.03.38.
1.03.10		Color: Considered to be the true Color of the light transmitted by a Waste solution after removing suspended material including pseudocolloidal particles.
1.03.11		Composite Sample: A Sample made by combining a number of Grab Samples collected over a defined period of time. A Composite Sample may be either a:

		(a) Flow proportional Composite Sample: A Sample composed of Sample aliquots combined in proportion to the amount of flow occurring at the time of their collection. Such Samples may be composed of equal aliquots being collected after equal predetermined volumes of flow pass the Sample point or of flow proportional Grab Sample aliquots being collected at predetermined time intervals so that at least eight (8) aliquots are collected per twenty-four (24) hours.
		(b) Time Proportional Composite Sample: A Sample composed of equal Sample aliquots taken at equal time intervals of not more than two hours over a defined period of time.
1.03.12		Combined Sewer: A Sewer receiving both surface runoff and Wastewater.
1.03.13		Constituents: The specific compounds and components that comprise a Wastewater.
1.03.14		Control Authority: The Metropolitan Sewerage District of Buncombe County, North Carolina.
1.03.15		Cooling Water: The Wastewater discharged from any use such as air conditioning, cooling or refrigeration or to which the only Pollutant added is heat.
1.03.16		Direct Discharge: The discharge of treated or untreated Wastewater directly to the waters of the State of North Carolina.

1.03.17		Domestic Waste: All liquid and waterborne Pollutants as defined in Subsection 1.03.48 exclusive of Unpolluted Wastewater as defined in Subsection 1.03.80 or Wastewater or Process Wastes from operations of Industrial Users as defined in Subsection 1.03.31.
1.03.18		The District: The Metropolitan Sewerage District of Buncombe County, North Carolina (MSD).
1.03.19		District Board: The District Board of the Metropolitan Sewerage District of Buncombe County, North Carolina.
1.03.20		Environmental Protection Agency or EPA: The U. S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.
1.03.21		Fact Sheet: Permit Synopsis as defined in Subsection 1.03.44.
1.03.22		FOG: Fats, Oils, Grease and related substances of similar characteristics.

1.03.23		Flammable: Shall be as defined in Subsection 5.03.01 and 02.
1.03.24		Food Service Establishment: A facility discharging kitchen or food preparation wastewaters such as restaurants, motel, hotels, cafeterias, delicatessen, meat cutting, preparation, bakeries, hospitals, schools, bars, or any other facility which in the District's discretion, may require a grease trap installation by virtue of its operation.
1.03.25		General Manager: The chief administrative officer of MSD who is charged with administrative control of all operations of MSD and is responsible directly to the District Board. As used herein, it may also include any other MSD employee delegated to act for MSD by the General Manager or by the District Board.
1.03.26		Grab Sample: A sample which is taken from a Waste stream on a one-time basis and collected over a period of time not to exceed fifteen (15) minutes with no regard to the flow in the Waste stream and without consideration of time.

1.03.27		Grease Interceptor: A device utilized to effect the separation of grease and oils in wastewater effluent from a Food Service Establishment. An interceptor is a vessel of the outdoor or underground type normally of the 1,000 gallon capacity or more, constructed of concrete, steel of fiberglass.
1.03.28		Grease Trap: A device utilized to effect the separation of grease and oils in wastewater effluent from a Food Service Establishment. A Trap is an under-the-counter” or floor package unit, which is typically less that 100 gallons, constructed of steel of fiberglass.
1.03.29		Holding Tank Waste: Any Waste from holding tanks, including by way of example but not limitation, vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
1.03.30		Indirect Discharge or Discharge: The discharge or the introduction from any non-domestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the Sewerage System (including holding tank waste discharged into the Sewerage System).
1.03.31		Industrial User: Any User of the Sewerage System who discharges Industrial Waste, as that term is defined in Subsection 1.03.32, into the Sewerage System.
1.03.32		Industrial Waste: The liquid and waterborne Pollutants resulting from processes or operations generated by industrial and commercial establishments.