Ordinances Part II Code of Ordinances

Chapter 36

Utilities*

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* Cross References: Buildings and building regulations, ch. 6.
State Law References: Municipal authority to acquire, construct, operate public enterprises, G.S. 160A-312.
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Article I. In General

Sec. 36-1. Bills due when rendered; service charges.
Sec. 36-2. Discontinuance of service.
Secs. 36-3--36-25. Reserved.

Article II. Water Service

Sec. 36-26. Service contracts to conform with pertinent provisions.
Sec. 36-27. Supervision by council; enforcement.
Sec. 36-28. Water service pipes.
Sec. 36-29. Water connections required; separate connections.
Sec. 36-30. Connections made by or under supervision of town.
Sec. 36-31. Application for connection.
Sec. 36-32. Connection charges.
Sec. 36-33. Service pipe extensions.
Sec. 36-34. Right to enter premises.
Sec. 36-35. Water meters.
Sec. 36-36. Unauthorized use of water.
Sec. 36-37. Leaks; responsibility of consumer.
Sec. 36-38. Water for building purposes.
Sec. 36-39. Injury to system property, fixtures.
Sec. 36-40. Tampering with meters.
Sec. 36-41. Continuity of service not guaranteed; liability.
Sec. 36-42. Water rates and charges.
Sec. 36-43. Water deposits.
Sec. 36-44. Meter reading; billing; collection.
Sec. 36-45. Suspension of service.
Secs. 36-46--36-65. Reserved.

Article III. Electric Service

Sec. 36-66. Compliance with procedures in connecting or changing service.
Sec. 36-67. Permission prerequisite to connection of premises.
Sec. 36-68. Trimming of interfering trees and shrubbery.
Sec. 36-69. Unauthorized turning on or off.
Sec. 36-70. Diversion of electricity from proper use.
Sec. 36-71. Relocation of poles for individual improvement.
Sec. 36-72. Number of meters, charges for electrical service to units.
Sec. 36-73. Deposit.
Sec. 36-74. When charges payable; delinquent fee.
Sec. 36-75. Statement left unpaid upon move to new location.
Sec. 36-76. Unpaid statements for two or more locations.
Sec. 36-77. Town to furnish meters.
Sec. 36-78. Testing and repair of meters generally.
Sec. 36-79. Payment of cost of repairs to damaged meter; civil penalty; charges for electricity upon resumption of service.
Sec. 36-80. Right of entry.
Sec. 36-81. Charge for temporary service.
Secs. 36-82--36-100. Reserved.

Article IV. Sewers

Division 1. Generally

Sec. 36-101. Definitions.
Sec. 36-102. Protection of equipment from damages.
Sec. 36-103. Private sewage disposal.
Secs. 36-104--36-115. Reserved.

Division 2. Administration and Enforcement

Sec. 36-116. Notification of violation.
Sec. 36-117. Consent orders, assurances of compliance.
Sec. 36-118. Show cause hearing.
Sec. 36-119. Administrative order.
Sec. 36-120. Emergency suspensions.
Sec. 36-121. Termination of permit.
Sec. 36-122. Civil penalties.
Sec. 36-123. Judicial remedies.
Sec. 36-124. Additional remedies.
Sec. 36-125. Upset in operation; report.
Secs. 36-126--36-135. Reserved.

Division 3. Connections

Sec. 36-136. When required; exceptions.
Sec. 36-137. Permit required.
Sec. 36-138. Work performed by authorized persons only.
Sec. 36-139. Payment of charge prior to permit issuance.
Sec. 36-140. Separate connection required for each building; exception.
Sec. 36-141. Responsibility for repairs.
Sec. 36-142. Connections outside corporate limits.
Secs. 36-143--36-155. Reserved.

Division 4. Sewer Use

Sec. 36-156. Discharges to storm sewer, natural outlets.
Sec. 36-157. Exclusion of inflow.
Sec. 36-158. Prohibited wastes.
Sec. 36-159. Waiver of requirements.
Sec. 36-160. Special agreements.
Sec. 36-161. Notice to director of change in industrial process or operation.
Sec. 36-162. Users subject to categorical pretreatment standards.
Sec. 36-163. When storage tanks, control manhole required.
Sec. 36-164. Measurement of flow.
Sec. 36-165. Determination of character and concentration of wastes.
Sec. 36-166. Required permits.
Sec. 36-167. Powers, authority for inspection, temporary exclusion of wastes.
Secs. 36-168--36-180. Reserved.

Division 5. User Charge System

Sec. 36-181. User charges.
Sec. 36-182. Calculation of user charge.
Sec. 36-183. Review of rates.
Sec. 36-184. Billing.

ARTICLE I.

IN GENERAL

Sec. 36-1. Bills due when rendered; service charges.

Utility bills are due when rendered and are payable by the due date specified on the particular bill. No reconnections will be made except during normal business hours. A reconnect service charge will be added before service is restored. If it is necessary to reconnect service from the service pole an additional service charge will be added. This applies to customers who reconnect their own service after it has been disconnected by the town for nonpayment.
(Code 1981, § 5-4001)

Sec. 36-2. Discontinuance of service.

(a) It is the policy of the town to discontinue electric, water and sewer service to customers by reason of nonpayment of bill only after notice and a meaningful opportunity to be heard on disputed bills. The town's form for application for electric service and all bills shall contain "customer's rights prior to discontinuance of service: It is the policy of the town to discontinue electric, water, sewer service to customers by reason of nonpayment of bill only after notice and a meaningful opportunity to be heard. If you dispute the accuracy of this bill, you have a right to a hearing at which you may be represented in person or by any other person of your choosing and may present orally or in writing, your complaint and contentions. If you desire a hearing, please contact the town clerk at the Town Hall, 120 E. Railroad Street, La Grange, North Carolina, Telephone 566-3186. Hearings are held between 9:00 a.m. and 5:00 p.m. Monday through Friday. The town clerk has authority to make a final determination of your complaint and the authority to order that your service be discontinued. In the absence of payment of this bill or resort to the hearing procedure prior to the cutoff date shown on the reverse side of this notice, your service will be discontinued for nonpayment of bill."

(b) Any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the town's official in charge of electric utility billing who shall be authorized to order that the customer's service not be discontinued and authority to make a final determination of the customer's complaint.

(c) The town reserves the right to discontinue electric, water or sewer service without notice for any one or more of the following reasons:

To prevent fraud or abuse.
Consumer's willful disregard of the town's rules and regulations.
Emergency repairs.
Insufficiency of supply due to circumstances beyond the town's control.
Legal process.
Direction of public authorities.
Strike, riot, fire, flood, accident or any unavoidable cause.

(Code 1981, § 5-4002)

Secs. 36-3--36-25. Reserved.

ARTICLE II.

WATER SERVICE

Sec. 36-26. Service contracts to conform with pertinent provisions.

All pertinent provisions of this chapter shall govern the terms and conditions of the contracts under which the town furnishes water service to any person, or whereby the town makes any water connections or performs any work of any kind in connection with the furnishing of water service.
(Code 1981, § 5-1001)

Sec. 36-27. Supervision by council; enforcement.

The duty of enforcing full compliance with all rules and regulations governing all connections with the mains shall be vested in the director of public works.
(Code 1981, § 5-1002)

Sec. 36-28. Water service pipes.

The town shall tap the water main for connections and extend all service pipes to the curbing connections and extend all service pipes to the curbing where a stop box will be placed over a stop cock, all of which shall be under the exclusive control of the town. No person shall be allowed to turn the water on or off at this stop cock, except the director of public works.
(Code 1981, § 5-1004)

Sec. 36-29. Water connections required; separate connections.

Every house or building abutting any water main shall be separately and independently connected, except in those cases where laterals from the main have already been laid in macadam or improved streets, without provisions having been made for such house or building, when the connection may be made to an existing lateral. If such house or building is on a macadam or improved street where laterals have not been laid, the connection may be made to any convenient lateral. When two or more houses or units are connected with the same water lateral, a separate water meter shall be provided for each house or unit.
(Code 1981, § 5-1005)
State Law References: Authority to require connections, G.S. 160A-317.

Sec. 36-30. Connections made by or under supervision of town.

The construction of laterals for water connections, and the necessary excavation therefor, shall be done by the town, or if done by a licensed plumber it shall be done under the supervision of the town.
(Code 1981, § 5-1006)

Sec. 36-31. Application for connection.

Every application for a water connection shall be made on a form provided by the town, shall be signed by the applicant, shall be accompanied by the proper fee for making the connections, and shall be filed with the director of public works.
(Code 1981, § 5-1007)

Sec. 36-32. Connection charges.

Charges for connection of water service pipe and the tapping of main will be as established by the council from time to time, and are in the schedule of fees and charges on file in the town offices.
(Code 1981, § 5-1008)

Sec. 36-33. Service pipe extensions.

No service pipe shall be allowed to run across lots, that is, from one lot to another, but it must be taken from the main in front of the premises or from some point adjacent thereto, unless specific permission is obtained from the director of public works. The director of public works shall have the power to extend service pipe to a building abutting a main. All additional expenses for such extensions shall be paid by the owner of the property.
(Code 1981, § 5-1009)

Sec. 36-34. Right to enter premises.

Whenever it becomes necessary to enter any premises, stores or dwelling, for the purpose of inspecting water pipes, fixtures or meters, the director of public works or the building inspector may do so within reasonable hours; should the director or inspector be refused admittance, the supply of water shall be cut off until the examination is made and the required information is obtained, or until repairs and alterations are made.
(Code 1981, § 5-1010)

Sec. 36-35. Water meters.

(a) The water meters furnished by the town shall remain the property of the town and will be serviced by the town.

(b) At the request of any consumer, the town will test the accuracy of a water meter alleged to be recording improperly. If the meter is found to be inaccurate, the consumer's water bill may be adjusted accordingly. If the meter is found to be accurate, the consumer will be charged the currently authorized service fee.
(Code 1981, § 5-1011)

Sec. 36-36. Unauthorized use of water.

Only the director of public works or other town employees are authorized to turn on water. If water is found to be in use without the knowledge of the director, or without being turned on by him or his agent, or if water is used for any other purpose than that paid for, the consumer of the water shall be guilty of a violation of this article.
(Code 1981, § 5-1013)

Sec. 36-37. Leaks; responsibility of consumer.

If a break occurs, or a defect is found in any pipe or fixture on the consumer's side of the meter, waste of water, it shall be the duty of the owner of the premises or the consumer to have the break or defect repaired.
(Code 1981, § 5-1014)

Sec. 36-38. Water for building purposes.

Any person desiring water for building purposes shall make application to the director of public works for a permit. He shall state the time when the work will be completed, and shall pay in advance for the water at the regular rates. At the completion of the work, the estimate will be revised by the director and any additional amount will be collected, or surplus refunded, as the case may be. This section shall apply where the consumption of water is not rated by a meter.
(Code 1981, § 5-1017)

Sec. 36-39. Injury to system property, fixtures.

It shall be unlawful for any person to injure, deface or destroy the building, machinery, fences, trees or other property of the town water system, or in any way to contaminate the town water supply.
(Code 1981, § 5-1018)

Sec. 36-40. Tampering with meters.

It shall be unlawful for any person, after the water has been turned off for failure to pay the water bill, to turn the water on at the meter or to bypass the meter or in any manner to obtain water at no cost.
(Code 1981, § 5-1019)

Sec. 36-41. Continuity of service not guaranteed; liability.

The town will not be liable for any damages that may result to consumers from the shutting off of water service for any cause whatever, even in cases where no motive is given, and no deduction from bills will be made in consequence thereof.
(Code 1981, § 5-1020)

Sec. 36-42. Water rates and charges.

The rates and charges for water service shall be as established by the council, shall be due and payable monthly, and shall be collected in accordance with the provisions of this article. A copy of the current rates and charges shall be kept on file at all times in the office of the clerk.
(Code 1981, § 5-1021)

Sec. 36-43. Water deposits.

Each consumer applying for water service to a residence owned and occupied by him shall make a cash deposit as established by the council.
(Code 1981, § 5-1022)

Sec. 36-44. Meter reading; billing; collection.

(a) Meters will be read and bills rendered monthly, but the town may vary dates or length of period covered, temporarily or permanently, if necessary or desirable.

(b) Bills for water will be figured in accordance with the rate schedule then in effect, and will be based on the amount consumed for the period covered by the meter readings, but the amount payable for each month's service shall not be less than the minimum charge prescribed in the schedule of rates.

(d) Reading from different meters will not be combined for billing, irrespective of the fact that such meters may be for the same or different premises, or for the same or different consumers, or for the same or different services.
(Code 1981, § 5-1023)

Sec. 36-45. Suspension of service.

(a) When water service is discontinued and all bills are paid, including penalties, the deposit will be refunded.

(b) Upon discontinuance of service for nonpayment of bills, the deposit will be applied toward settlement of the account. Any balance will be refunded to the consumer, but if the deposit is not sufficient to cover the amount due and payable, the town may proceed to collect the balance in any way provided by law for the collection of debts.

(c) Service discontinued for nonpayment of bills will be restored only after bills are paid in full, redeposit made and the current service charge paid for each meter reconnected.

(d) The town reserves the right to discontinue water service without notice for any one or more of the following additional reasons:

To prevent fraud or abuse.
Consumer's willful disregard of the town's rules and regulations.
Emergency repairs.
Insufficiency of supply due to circumstances beyond the town's control.
Legal process.
Direction of public authorities.
Strike, riot, fire, flood, accident or any unavoidable cause.

(e) The town may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device.
(Code 1981, § 5-1024)

Secs. 36-46--36-65. Reserved.

ARTICLE III.

ELECTRIC SERVICE

Sec. 36-66. Compliance with procedures in connecting or changing service.

Any person desiring new electric service or a change in existing service shall comply with the procedures and pay the charges and deposits according to the fee schedule for electric service established by the council and on file in the office of the clerk.
(Code 1981, § 5-3001)

Sec. 36-67. Permission prerequisite to connection of premises.

Any person desiring to connect any premises with the electric system of the town shall first obtain the permission of the town.
(Code 1981, § 5-3002)

Sec. 36-68. Trimming of interfering trees and shrubbery.

If, at any time, trees, shrubbery or other vegetation grows up into and interferes with the electric power lines of the town, the town through its duly authorized employees shall have the right to enter upon privately owned property and trim such vegetation in order to clear the lines. All trimming of trees and shrubbery shall be done as neatly as possible and shall be done as requested by the owner where the request is reasonable.
(Code 1981, § 5-3003)

Sec. 36-69. Unauthorized turning on or off.

It shall be unlawful for any person, except a duly qualified or authorized employee of the town, to turn on or turn off electric service to any building or any premises served by the town with electricity.
(Code 1981, § 5-3004)

Sec. 36-70. Diversion of electricity from proper use.

It shall be unlawful for any person to divert electricity furnished by the town to a consumer from its proper use.
(Code 1981, § 5-3005)

Sec. 36-71. Relocation of poles for individual improvement.

Relocation of town-owned poles and equipment for individual improvement shall be done by the department of public works at the consumer's expense, or at the direction of the director of public works.
(Code 1981, § 5-3006)

Sec. 36-72. Number of meters, charges for electrical service to units.

The number of electric meters and charges for service required for any building or family unit shall be provided in a schedule of rates as established by the council.
(Code 1981, § 5-3007)

Sec. 36-73. Deposit.

Applicants for new residential electric service shall pay a connection fee and make a deposit in the amount established by the council. Applicants for new commercial service shall pay a connection fee and make a deposit in the amount established by the council. Deposits will draw no interest while held by the town. When a customer has furnished a deposit to guarantee payment of bills and service has been terminated, the deposit will be applied to any unpaid charges or indebtedness due the town and the balance refunded. The owners of real property in the town will not be required to make a deposit if the owner is to be responsible for payment of the utility bill.
(Code 1981, § 5-3008; Ord. of 8-5-85(2), § 1)

Sec. 36-74. When charges payable; delinquent fee.

All charges for electric service shall be paid on or before the date specified on the electric bill as the last date for payment. Delinquency fees shall be as provided in the electric service fee schedule.
(Code 1981, § 5-3009)

Sec. 36-75. Statement left unpaid upon move to new location.

Any person who, having lived at a particular location and, moving from this location, leaves an unpaid statement of charges for electricity, shall pay such statement just as if he were still living at the original location. If he fails to pay, electrical service will be discontinued at the new location.
(Code 1981, § 5-3010)

Sec. 36-76. Unpaid statements for two or more locations.

Any person who owes statements of charges for electricity at two or more locations shall pay such statements of charges. Electrical service will be discontinued at all locations involved upon failure to pay a statement of charges for any such location.
(Code 1981, § 5-3011)

Sec. 36-77. Town to furnish meters.

The town will furnish meters for both lighting and power service to each electric consumer.
(Code 1981, § 5-3012)

Sec. 36-78. Testing and repair of meters generally.

All meters will be tested and repaired by the town.
(Code 1981, § 5-3013)

Sec. 36-79. Payment of cost of repairs to damaged meter; civil penalty; charges for electricity upon resumption of service.

(a) If any electric meter is damaged, defaced or tampered with, the owner in possession of property served by the meter or meter box, if owner-occupied, or the tenant in possession of the property so served, if tenant-occupied, shall pay to the town on or before the day the next utility bill is due and payable after such damaging, tampering or defacing, the reasonable cost of repairs to the property so damaged or tampered with. If such payment is not made within the time specified the town may discontinue electric service.

(b) The payment of the cost of repairs and of the civil penalty shall be prerequisite to restoration of electric service. If the owner of any such owner-occupied premises shall fail, neglect or refuse to pay the cost of repairs, the department of public works shall discontinue electric service to the premises until all such charges are paid.
(Code 1981, § 5-3014)

Sec. 36-80. Right of entry.

The town shall have the right to go in or on any property or premises served by the town for the purpose of reading or repairing of electric meters.
(Code 1981, § 5-3015)

Sec. 36-81. Charge for temporary service.

Every applicant for the installation of temporary electric service at a temporary location shall be subject to a charge as established by the council for such temporary installation.
(Code 1981, § 5-3016)

Secs. 36-82--36-100. Reserved.

ARTICLE IV.

SEWERS

DIVISION 1.

GENERALLY

Sec. 36-101. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.

Approval authority means the director of the division of environmental management of the state department of environment, health and natural resources or his designee.

Authorized representative of the industrial user means:

(1) If the industrial 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 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.

(2) If the industrial user is a partnership, association, or sole proprietorship, an authorized representative shall mean a general partner or the proprietor.

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

(4) The individuals described in subsections (1), (2) and (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the authorization is submitted to the town.

Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius expressed in terms of weight and concentration (mg/l).

Building sewer means a sewer conveying wastewater from the premises of a user of the town's treatment works.

Categorical standards means national categorical pretreatment standards or pretreatment standards.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Director means the town director of public works.

Environmental Protection Agency or EPA means 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 the agency.

Grab sample means a sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

Holding tank waste means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

Indirect discharge means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the act (33 U.S.C. 1317) into the town's treatment works (including holding tank wastes discharged into the system).

Industrial user means any person or entity that is a source of indirect discharge.

Interference means the inhibition or disruption of the town's treatment processes, operation or its sludge process, use or disposal, that causes or contributes to a violation of any requirement of the town's NPDES or nondischarge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations or permits. The term includes prevention of sewage sludge use or disposal by the town's treatment works in accordance with section 405 of the act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the town.

National categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the act (33 U.S.C. 1317) that applies to a specific category of industrial users and that appears in 40 CFR chapter 1, subchapter N, parts 405--471.

National pollution discharge elimination system or NPDES permit means a permit issued pursuant to section 402 of the act (33 U.S.C. 1342) or pursuant to G.S. 143-215.1 by the state under delegation from the EPA.

National prohibitive discharge standard or prohibitive discharge standard means any regulation developed under the authority of section 307(b) of the act and 40 CFR 403.5.

New source means:

Any source of a discharge, the construction or operation of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the act (33 U.S.C. 1317(c)) that will be applicable to such source if the standard is thereafter promulgated in accordance with section 307(c), provided that:
- a. No other source is located at that site;
- b. The source completely replaces the process or production equipment of an existing source at that site; or
- c. The new wastewater generating process of the source is substantially independent of an existing source at that site; and the construction of the source creates a new facility rather than modifying an existing source at that site.
For the purposes of this definition, construction or operation has commenced if the owner or operator has:
- a. Begun, or caused to begin as part of a continuous on-site construction program:
  1. Any placement, assembly or installation of facilities or equipment;
  2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities necessary for the placement, assembly or installation of new source facilities or equipment.
- b. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial obligation under this definition in accordance with the provisions as stated in 40 CFR 403.3(K).

Nondischarge permit means a disposal system permit issued by the state pursuant to G.S. 143-215.1.

Nondomestic pollutants means any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Nondomestic pollutants include the characteristics of the wastewater (i.e., including but not limited to pH, temperature, TSS, turbidity, color, BOD, COD, toxicity and odor).

Pass through means a discharge that exits the town's treatment works into waters of the state in quantities or concentrations that, alone or with discharges from other sources, causes a violation of the town's NPDES or nondischarge permit or a downstream water quality standard.

pH means a measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Pollutant means any waste as defined in G.S. 143-213(13) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the town's treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except by dilution as prohibited by 40 CFR 403.6(d).

Pretreatment program means the program for the control of pollutants introduced into the town's treatment works from nondomestic sources developed by the town in compliance with 40 CFR 403.8 and approved by the approval authority as authorized by G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11.

Pretreatment standards and requirements means any substantive or procedural requirement related to pretreatment, including national pretreatment categorical standards and prohibitive discharge standards imposed on an industrial user.

Significant industrial user means any industrial user of the wastewater disposal system who has an average daily process wastewater flow of 50,000 gallons or more, or who contributes more than five percent of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the indirect discharge, or who is required to meet a national categorical pretreatment standard, or who is found by the town, the division of environmental management or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or compliance with any pretreatment standards or requirements.

Significant noncompliance means a status of noncompliance equivalent to reportable noncompliance as defined in 15A NCAC.0903(b)(10).

Slug load means any pollutant (including BOD) released in a discharge at a flow rate or concentration that will cause a violation of the specific discharge prohibitions in section 36-158 and is of a nonroutine, episodic nature including but not limited to an accidental spill or a noncustomary batch discharge.

Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting therefrom.

Superintendent means the person designated by the town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquids, and is removable by laboratory filtering.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts.

Treatment plant means that portion of the town's treatment works designed to provide treatment to wastewater.

Treatment works means a treatment works is as defined by section 212 of the act (33 U.S.C. 1292) and, in this instance, as is owned by the town. This definition includes any sewers that convey wastewater to the town's treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, the term "treatment works" shall also include any sewers that convey wastewaters to the town's treatment works from persons outside the town who are, by contract or agreement with the town, users of the town's treatment works.

User means any person who contributes, causes or permits the contribution of wastewater into the town's treatment works including persons who contribute such wastes from mobile sources.

Wastewater means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, that is contributed into or permitted to enter the treatment works.

Wastewater permit means as set forth in section 36-166.

Water pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

Waters of the state means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, that are contained within, flow through, or border upon the state or any portion thereof.
(Ord. of 4-5-93, § I)
Cross References: Definitions generally, § 1-2.

Sec. 36-102. Protection of equipment from damages.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any equipment or materials belonging to the town used for the purpose of making tests or examinations that are left upon the premises of a person discharging wastes into the sewers.
(Ord. of 4-5-93, § XI)

Sec. 36-103. Private sewage disposal.

In those cases provided for in section 36-136 where a connection to the sanitary sewer system is not required, installation of septic tanks or other facilities shall be constructed in accordance with the requirements of the county and be approved by the director of public works.
(Ord. of 4-5-93, § III(7))

Secs. 36-104--36-115. Reserved.

DIVISION 2.

ADMINISTRATION AND ENFORCEMENT

Sec. 36-116. Notification of violation.

Whenever the director finds that any industrial user has violated or is violating this article, wastewater permit, or any prohibition, limitation or requirement contained therein or any other pretreatment requirement, the director may serve upon such person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the town by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(Ord. of 4-5-93, § XII(a))

Sec. 36-117. Consent orders, assurances of compliance.

The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to section 36-119.
(Ord. of 4-5-93, § XII(b))

Sec. 36-118. Show cause hearing.

(a) The director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a wastewater contributor permit to show cause why a proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

(b) The director shall review the evidence presented at the hearing and determine whether the proposed endorsement action is appropriate. The director's final decision shall be to either proceed with the proposed enforcement action or to modify the action. Such modification may include but is not limited to the issuance of an order to the industrial user directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenance shall have been installed and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. of 4-5-93, § XII(c))

Sec. 36-119. Administrative order.

When the director finds that an industrial user has violated or continues to violate this article, permits or orders issued under this article, or any other pretreatment requirement the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

Immediately comply with all requirements.
Comply in accordance with a compliance time schedule set forth in the order.
Take appropriate remedial or preventive action in the event of a continuing or threatened violation.

(Ord. of 4-5-93, § XII(d))

Sec. 36-120. Emergency suspensions.

(a) The director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the town's treatment works or causes the town's treatment works to violate any condition of its NPDES or nondischarge permit.

(b) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the town's treatment works or endangerment to any individuals. The director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director prior to the date of the above-described hearing.
(Ord. of 4-5-93, § XII(e))

Sec. 36-121. Termination of permit.

(a) Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his permit terminated:

Failure to accurately report the wastewater constituents and characteristics of his discharge.
Failure to report significant changes in operations, or wastewater constituents and characteristics.
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
Violation of conditions of the permit.

(b) Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under section 36-166 why the proposed action should not be taken.
(Ord. of 4-5-93, § XII(f))

Sec. 36-122. Civil penalties.

Any user who is found to have failed to comply with any provision of this article, or the orders, rules, regulations and permits issued hereunder, shall be fined up to $10,000.00 per day per violation. Such assessments may be added to the user's next scheduled sewer service charges and the town shall have such remedies for the collection of such assessments as it has for collection of other charges.
(Ord. of 4-5-93, § XII(2))

Sec. 36-123. Judicial remedies.

(a) Generally.If any person violates this article or any order or permit issued under this article, or any other pretreatment requirement, the director, through the town attorney, may commence an action for appropriate legal and/or equitable relief in the general court of justice for the county.

(b) Criminal violations.

Any person who negligently violates any term, condition, or requirement of this article and any person who negligently fails to apply for or to secure a permit required by G.S. 143-215.1 shall be guilty of a misdemeanor punishable by a fine not to exceed $15,000.00 per day of violation, provided that such fine shall not exceed accumulative total of $200,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed six months, or by both.
Any person who knowingly and willfully violates any term, condition or requirement of this article and any person who knowingly and willfully fails to apply for or to secure a permit required by G.S. 143-215.1 shall be guilty of a class J felony, punishable by a fine not to exceed $100,000.00 per day of violation, provided that this fine shall not exceed a cumulative total of $500,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed three years, or by both.
Any person who knowingly violates any term, condition, or requirement of this article and any person who knowingly fails to apply for or to secure a permit required by G.S. 143-215.1 and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a class H felony, punishable by a fine not to exceed $250,000.00 per day or violation, provided that his fine shall not exceed a cumulative total of $1,000,000.00 for each period of 30 days during which a violation continues, or by imprisonment not to exceed ten years, or both.

(c) Penalties for falsifying information.Any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine not to exceed $10,000.00 or by imprisonment not to exceed six months, or by both.

(d) Injunctive relief.Whenever an industrial user is in violation of the provisions of this article or an order or permit issued under this article, the director, through the town attorney, may petition the general court of justice for the issuance of a preliminary or permanent injunction, or both as may be appropriate, that restrains or compels the activities in question. If the town chooses to correct the violation itself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person causing the violation. The town shall have such remedies for the collection of such costs as it has for the collection of other sewer services charges.
(Ord. of 4-5-93, § XII(3))

Sec. 36-124. Additional remedies.

(a) Annual publication of reportable noncompliance.At least annually, the director shall publish in the largest daily newspaper circulated in the service area, a list of those industrial users found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H.0903(b)(10), with this article or any other or permit issued under this article, during the 12 months period since the previous publication.

(b) Water supply severance.Whenever an industrial user is in violation of the provisions of this article or an order or permit issued under this article, water service to the industrial user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated consistent compliance.

(c) Declaration of public nuisance.Any violation of the prohibitions or effluent limitations of this article or of a permit or order issued under this article is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance shall be subject to the town's provisions governing such nuisances, including reimbursing the town for any costs incurred in removing, abating or remedying the nuisance.
(Ord. of 4-5-93, § XII(4))

Sec. 36-125. Upset in operation; report.

(a) Any discharge that experiences an upset in the operation that places the discharger in a temporary state of noncompliance with this article shall inform the director thereof immediately following first awareness of the commencement of the upset. Where such information is given orally, a written followup report must be filed by the discharger within five days. The report shall specify:

Description of the upset, the cause thereof and the upset's expected impact on the discharger's compliance status.
Duration of noncompliance including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to occur.
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.

(b) A documented and verified operating upset, demonstrated as required by 40 CFR 403.17(c), shall constitute an affirmative defense to any enforcement action brought by the director against the discharger for any noncompliance with this article, or an order or permit issued under this article, that arises out of violations alleged to have occurred during the period of the upset.
(Ord. of 4-5-93, § XII(5))

Secs. 36-126--36-135. Reserved.

DIVISION 3.

CONNECTIONS*

__________
* State Law References: Authority to require sewer connections, G.S. 160A-317.
__________

Sec. 36-136. When required; exceptions.

Every person owning a dwelling, building or other structure that is used for human habitation or occupancy within the town situated on a lot or parcel of land that abuts or adjoins a street or other public way, along which is located a sanitary sewer of the town shall connect such dwelling or structure to the sewer system. In cases where a sanitary sewer is constructed where none before existed, such connection must be made within 90 days of completion of such construction. However, a connection shall not be required to the system unless the lot or parcel of land on which the dwelling, building or structure is situated is accessible within 200 feet of the sewer system. Further, no person shall be required to cross the private property of any other person to make such connection. Where connections are required, all toilets, sinks and other plumbing fixtures shall be installed, arranged or rearranged to drain into the sanitary sewer. Properties that are not accessible to the sewer system for the reason they are more than 200 feet therefrom shall install septic tanks or other facilities in compliance with the county health department and all state regulations.
(Ord. of 4-5-93, § III(1))

Sec. 36-137. Permit required.

No person shall make any connection to the town's sanitary sewer system nor use a connection made by a previous owner unless and until a permit therefor has been issued by the town. Permits shall be issued for connection only after the director of public works has determined the type of connection required, the type of waste to be placed in the system and, if required by the town, an approved plumbing system has been installed within the dwelling, building or structure desiring such connection.
(Ord. of 4-5-93, § III(2))

Sec. 36-138. Work performed by authorized persons only.

All connections to the sanitary sewer system under the control of and operated by the town shall be made by authorized employees of the town in accordance with the requirements of the North Carolina State Plumbing Code and/or with such other specifications for such connections that may be adopted by the town from time to time and shall be made in accordance with all applicable state and federal regulations. If authorized by the town council, connections may be made by plumbers licensed to perform plumbing work in the state. Any sewer connection made by an authorized licensed plumber shall be inspected by the director of public works after such work has been completed and prior to the time the connection is covered.
(Ord. of 4-5-93, § III(3))

Sec. 36-139. Payment of charge prior to permit issuance.

A connection charge as set forth by the council shall be made for every connection to the sanitary sewer system under the control of and operated by the town and shall be paid to the town prior to the issuance of any permit for a connection.
(Ord. of 4-5-93, § III(4))

Sec. 36-140. Separate connection required for each building; exception.

Each separate dwelling, structure or other building served by a sanitary sewer under the control of and operated by the town shall have a separate connection to the system; provided that apartments or other multiuse or occupancy buildings may have one combined connection.
(Ord. of 4-5-93, § III(5))

Sec. 36-141. Responsibility for repairs.

Whenever any service to any building or premises becomes clogged, broken, out-of-order, or in any condition detrimental to the use of the sewer service, the owner, agent or occupant having charge of such building or premises shall be held responsible for the immediate renewal or repair of the sewer service necessary to maintain an uninterrupted sanitary disposal system. Renewal or repair of sewer services from the main to the property line shall be made at the expense of the abutting property owner, agency or occupant. Wherever any repair work is performed as required by this section, such work shall be performed only by a licensed plumber authorized to perform such work by the town.
(Ord. of 4-5-93, § III(6))

Sec. 36-142. Connections outside corporate limits.

Any person owning or controlling premises located beyond the corporate limits of the town and desiring to install a plumbing system for the purpose of discharging domestic sewage and/or industrial waste into the sanitary sewers of the town may do so by complying with the requirements of this article and by paying an additional permit fee plus a yearly sewer rental charge to be fixed by the council.
(Ord. of 4-5-93, § VI)

Secs. 36-143--36-155. Reserved.

DIVISION 4.

SEWER USE

Sec. 36-156. Discharges to storm sewer, natural outlets.

Under no circumstances will the discharge of treated or untreated domestic sewage or industrial waste to the storm sewer of the town or to any pond, open ditch, stream or watercourse be permitted within the jurisdiction of the town, except that uncontaminated cooling water may be discharged provided that such discharge is constructed and operated within the laws of the state. However, where the council decides that it is not in the best interest of the town to accept a particular industrial waste into its sanitary sewer, such waste may be discharged within the town provided such discharge meets the requirements of the state and the council.
(Ord. of 4-5-93, § III(8))

Sec. 36-157. Exclusion of inflow.

No connection shall be made to the sanitary sewer that would allow inflow to enter the sanitary sewer system. The owner, agent or occupant of any building or premises that is found to have a connection that allows inflow to enter the sanitary sewer shall within 30 days after receiving written notification from the director of public works repair or modify that connection to exclude inflow.
(Ord. of 4-5-93, § III(9))

Sec. 36-158. Prohibited wastes.

No person shall discharge or deposit any of the following waste materials into any town sewer:

Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
Any water or wastes that may contain more than 100 mg/l per liter by weight of fat, oil or grease, exclusive of soaps. However, up to 500 mg/l may be discharged by permit authorization.
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, either solid or gas.
Any garbage that has not been properly shredded.
Any ashes, cinders, sand, mud, straw, shaving, metal, glass, bones, rags, feathers, tar, plastics, wood, paunch manure, ground paper products or other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the treatment works.
Any waters or wastes having a stabilized pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the town.
Any water or wastes having a biochemical oxygen demand in excess of 300 mg/l by weight. However, up to 500 mg/l may be discharged by permit authorization.
Any waters or wastes containing more than 300 mg/l by weight of suspended solids. However, up to 500 mg/l may be discharged by permit authorization.
Any waters or wastes having an objectionable color that is not removable in the existing sewage treatment plant processes.
Any waters or wastes containing a toxic or phosphorus substance or any other materials in sufficient quantity to injure or interfere with any waste treatment process, or constitute a hazard to humans or animals, or create any hazard in the receiving stream at the sewage treatment plant.
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Any waters or wastes containing more than 200 mg/l of chlorides. However, up to 500 mg/l may be discharged by permit authorization.
Any new connections from inflow sources into the sanitary sewer system.
Any water or wastes having an ammonia concentration in excess of 30 mg/l by weight when expressed as nitrogen.
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, cooling water and unpolluted industrial wastewater, unless specifically authorized by the director.

(Ord. of 4-5-93, § II(1))

Sec. 36-159. Waiver of requirements.

Since the intent of this article is to protect the sewerage system of the town while treating as much of the industrial waste of the town as practicable, the director shall have the authority to waive the provisions of section 36-158 when, in his opinion, the quantity of waste discharged by any person is negligible in relation to the overall flow into the town sewerage system. The waiving of any of the foregoing provisions at any time shall not prohibit the enforcement of these same provisions at a later date when the cumulative effect of the discharge from several industrial establishments and businesses may become detrimental to the sewerage system.
(Ord. of 4-5-93, § II(2))

Sec. 36-160. Special agreements.

No statement contained in this division shall be construed as preventing any special agreement or arrangement between the town and any person whereby any industrial waste of unusual strength or character may be admitted into the sanitary sewers by the town either before or after approved pretreatment or prehandling, and subject to payment thereof by the industry as required by the town.
(Ord. of 4-5-93, § II(3))

Sec. 36-161. Notice to director of change in industrial process or operation.

Notice shall be given to the director whenever a change in the industrial process or waste discharge is contemplated or when the normal operation of the industry discharging industrial waste into the town sewer system will be interrupted for three days or longer with no industrial discharge.
(Ord. of 4-5-93, § II(4))

Sec. 36-162. Users subject to categorical pretreatment standards.

Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR chapter 1, subchapter N, parts 405--471 and incorporated in this article.
(Ord. of 4-5-93, § II(5))

Sec. 36-163. When storage tanks, control manhole required.

(a) In order to equalize flows over a 24-hour period, each person discharging waste into the town's sanitary sewers having a volume in excess of 50,000 gallons in any one day, shall construct and maintain at his own expense a suitable storage tank as determined by the council. The tank shall have a capacity of at least 80 percent of the normal volume of one 24-hour production period of waste with its outlet to the sewer controlled by a water works type rate controller or other approved devices the selling of which shall be as directed by the director.

(b) Any person discharging industrial wastes into the town sanitary sewer shall construct and maintain a suitable control manhole, downstream from any treatment, storage or other approved works to facilitate observation, measurement and sampling of all wastes including domestic sewage, from the industry. The control manhole shall be constructed at a suitable and satisfactory location and built in a manner approved by the director. The control manhole shall be equipped with a permanent-type volume measuring device such as a nozzle, flume, weir or other suitable devices as may be approved by the director. The director may require the installation of an automatic sampling device for the collection of sewage samples within the control manhole. The manhole shall be installed and maintained at the expense of the person discharging the wastes and shall be safe, accessible and in proper operating condition at all times.

(c) Plans for the construction of the storage tank, control manhole and controlling devices shall be approved by the director prior to beginning of construction.

(d) Where preliminary treatment or holding facilities and measuring or sampling devices are provided for any purpose in connection with the discharge of industrial wastes into the town sewer system, such facilities shall be maintained continuously in satisfactory and effective operation at the expense of the user.
(Ord. of 4-5-93, § IV)

Sec. 36-164. Measurement of flow.

(a) The volume of flow used in computing industrial waste surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the town water department. If a person discharging wastes into the sanitary sewer system produces evidence to the director that more than ten percent of the total annual volume of water used for all purposes does not reach the town sanitary sewer, an estimated percentage of total water consumption to be used in consumption charges may be agreed upon between the director and the person discharging industrial wastes into the sewers. If the director determines that the volume of industrial waste being discharged is more than ten percent greater than the metered water consumption, then the industrial waste charges shall be based upon the volume discharged as measured by a town-approved volume measuring device such as a flow meter installed within the control manhole as provided in section 36-163.

(b) Where the person discharging industrial wastes into the sanitary sewers of the town procures any or all water supply from sources other than the town water department, all or part of which is discharged into the sanitary sewer, the person discharging the waste shall install and maintain, at that person's expense, water meters or other measuring devices of a type approved by the director for the purpose of determining the proper volume of flow to be charged.
(Ord. of 4-5-93, § VIII)

Sec. 36-165. Determination of character and concentration of wastes.

(a) The industrial waste of each person discharging same into the town sanitary sewers shall be subject to periodic inspection or sampling. A determination of character and concentration of the wastes shall be made quarterly, or more often as may be necessary, by the director or the director's authorized assistants.

(b) Samples shall be collected and composited in such a manner as to be representative of the actual quality of the wastes. The laboratory methods used in the examination of the wastes shall be performed in accordance with the procedures established by the EPA pursuant to section 304(g) of the act and contained in 40 CFR 136 as amended, a copy of which is on file with the town clerk for inspection by any interested parties.

(c) The determination of the character and concentration of the industrial wastes by the director, or the director's authorized assistants, shall be binding as a basis for any charges assessed the user in accordance with the provisions of the town's user charge system defined in division 5 of this article.

(d) Total costs incident to the supervision, inspection, sampling and analyzing of wastes shall be included in the charges assessed to persons discharging wastes into the town sanitary sewers.
(Ord. of 4-5-93, § IX)

Sec. 36-166. Required permits.

(a) Any person desiring to deposit or discharge, or who is now depositing or discharging any industrial waste into the sanitary sewers shall make application for the disposal of industrial waste to the director. The director shall approve such applications only when evidence is submitted by the applicant that the discharge into the sanitary sewer will comply with all of the regulations of this division.

(b) Should any person fail to secure a permit or fail to have the application approved or is subsequently found to be exceeding the limits set forth in the permit, the director of public works, upon 24 hours' notice, if such person is using town water, shall disconnect such a person's connection with the town water system and it will only be reconnected at such owner's expense; and if, after 24 hours' notice, such person's connection with the town sewer system is severed, the services shall only be restored at such person's expense.
(Ord. of 4-5-93, § V)

Sec. 36-167. Powers, authority for inspection, temporary exclusion of wastes.

(a) The director and other duly authorized employees of the town, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this division.

(b) Authority is hereby granted to the director after approval of the council to temporarily exclude any industrial waste, whether pretreated or not, from the sanitary sewers whenever, in the opinion of the director, such action is necessary for the purpose of determining the effects of such wastes upon the sewage system and sewage treatment plant or for the purpose of preventing detrimental effects to the system and plant or to the receiving stream.
(Ord. of 4-5-93, § VII)

Secs. 36-168--36-180. Reserved.

DIVISION 5.

USER CHARGE SYSTEM

Sec. 36-181. User charges.

(a) Authority.Pursuant to the provision of Public Law 92-500, section 240(b), the town, having received a federal grant for the construction of treatment works, shall adopt a system of charges to ensure that each person (or user) receiving waste treatment services within the town's jurisdiction will pay a proportionate share of the costs of operation and maintenance (including replacement) of any waste treatment services provided by the town.

(b) Intent.The intent of the user charges is to distribute the cost of operation and maintenance of publicly owned treatment works to the pollutant source and to promote self-sufficiency of treatment works with respect to operation and maintenance costs.

(c) Definition.The term "replacement" referred to in subsection (a) of this section is defined as those expenditures for obtaining and installing equipment, accessories, or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works are designed and constructed. The term "operation and maintenance" includes replacement.

(d) User class.Each user shall be charged a share of the treatment works operation and maintenance cost based on the measured proportionate contribution to the treatment works loading. Generally, the user charge will be dependent upon flow insofar as BOD, suspended solids, nitrogen and other pollutant contributions discharged by all users are approximately equal. Where such pollutants exceed the range of concentration of these pollutants in normal domestic sewage, a surcharge will be added to the base charge. The models used in calculating the user charge are defined in subsection (f) below.

(e) User charge criteria.The user charge system shall be approved by the regional administrator of the Environmental Protection Agency and shall be maintained by the town in accordance with the following requirements.

The user charge system must result in the distribution of the cost of operation and maintenance of treatment works within the town's jurisdiction to each user (or user class) in proportion to such user's contribution to the total wastewater loading of the treatment works. Factors such as strength, volume and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportionate distribution of operation and maintenance costs to each user (or user class).
The user charge system must generate sufficient revenue to offset the cost of all treatment works operation and maintenance provided by the town.

(f) Model user charge systems.The user charge system adopted by the town shall result in the distribution of treatment works operation and maintenance costs to each user (or user class) in approximate proportion of the contribution to the total wastewater loading of the treatment works. The following user charge models shall be used for this purpose. The symbols used in the models are as defined below:

Cf= Total fixed operation and maintenance (O&M) cost per unit of time. Ct= Total O&M cost per unit of time. Cu= A user's charge for O&M per unit of time. Cs= A surcharge for wastewaters of excessive strength. Vu= Volume contribution from a user per unit of time. Vt= Total volume contribution from all users per unit of time. Bc= O&M cost for treatment of a unit of biochemical oxygen demand (BOD). B = Concentration of BOD from a user above a base level. Sc= O&M cost for treatment of a unit of suspended solids (SS). S = Concentration of SS from a user above a base level. Nc= O&M cost for treatment of a unit of ammonia (NH3-N). N = Concentration of NH3-N from a user above a base level. Pc= O&M cost for treatment of a unit of any pollutant. P = Concentration of any pollutant from a user above a base level.
1. Model no. 1.Whereas the treatment works is primarily flow dependent as the BOD, suspended solids, and other pollutant concentrations discharged by the majority of users are approximately equal, the user charge is therefore developed on a volume basis in accordance with the model below:
  - Cu= Ct____ Vt(Vu) = Cf____ number of sewer customers
2. Model no. 2.When determined by the town that BOD exceeds the range of concentration of these pollutants in normal domestic sewage, a surcharge added to a base charge, calculated by means of model no. 1, shall be levied. The surcharge shall be computed by the model below:
  - Cs= Bc(B) + Sc(S) + Nc(N) + Pc(P) Vu
  - Refer to section 36-158 for the established baseline pollutant concentrations.

(g) Basis of charges.User charges may be established based on a percentage of the charge for water usage. However, the unit rate sewer use charge for the largest volume users must be as great or greater than the unit cost of operation and maintenance (excluding debt service). In such event, a surcharge shall still be levied in accordance with the provisions of model no. 2 in subsection (f)(2) above. The system of user charges for the town shall be based on total system costs, including operation and maintenance expenses and debt service. The debt service portion of the annual system expense will be allocated on a unit rate basis with no discount to the large volume users.

(h) Charges for unattributable flow.Charges for flow to the town's treatment plant not directly attributable to the users shall be distributed among all users of the treatment plant based upon the total volume of flow of the users.
(Ord. of 4-5-93, § X(1))

Sec. 36-182. Calculation of user charge.

(a) Domestic.The user charge fee for domestic customers shall be based on the model no. 1 formula:

Cu= Ct____ Vt(Vu)
A typical residential customer's bill is available in the town offices for review.

(b) Industrial.The user charge for industrial customers shall be calculated in the same manner as domestic customers unless pollutant loadings are above the baseline pollutant concentrations established in section 36-158. Where so determined, a surcharge, added to the base charge (calculated by model no. 1) shall be levied. The formula used in calculating the surcharge is the same as model no. 2, i.e.:

C
s
= B
c
(B) + S
c
(S) + N
c
(N) = P
c
(P) V
u

Table 1 also presents calculations for a typical industrial user's bill and surcharges.
(Ord. of 4-5-93, § X(2))

Sec. 36-183. Review of rates.

The town council shall review the recommended user charge rates annually, or more often as deemed necessary, and adopt a rate or rates to be charged during the ensuing fiscal year or unit revised by the council.
(Ord. of 4-5-93, § X(4))

Sec. 36-184. Billing.

(a) The user charge and surcharge, as set forth in this division, shall be billed and payable monthly on a separate bill rendered to the proper persons by the town water department, such bills to be sent through the United States mail notifying all persons of the amount and date due. Failure to receive the notice is not an excuse for nonpayment of bills. Persons not having paid their bills within ten days of billing will be delinquent. Notice shall be sent them through the United States mail and if after 15 days' notice, given as above, the bills remain unpaid, the water connection will be severed and will not be turned on again until the bill is paid. In case a person discharging wastes into the town's sanitary sewer system does not procure water supply from the town's water system, connection with the town's sewer system will be severed and will only be reconnected at the user's expense.

(b) Each user will be notified annually by the town, in conjunction with a regular bill, of the user charge rates attributable to wastewater treatment services.

(c) The user charge system as set forth in this division shall take precedence over any terms or conditions, agreements or contracts that are inconsistent with the requirements of section 204(b)(1)(a) of the act.
(Ord. of 4-5-93, § X(5))