Statesville City Zoning Code

Any person requesting utility service shall make application therefor prior to using any city-supplied utility service by executing an agreement for the purchase of utility services on the form prescribed by the city.

(Code 1959, § 16A-11)

(a)

Any person purchasing or receiving utility service from the city, by accepting such service, agrees to be bound by the applicable schedule of rates, all pertinent provisions of this chapter and the utility regulations adopted by the city council from time to time.

(b)

Any failure on the part of the customer to comply with the regulations of this chapter or the utility regulations as adopted and amended from time to time shall subject the customer to discontinuance of service and shall void the contract created by subsection (a) above.

(Code 1959, § 16A-12)

Customers shall not divert electricity or water from the premises to which they are delivered, nor shall any customer allow another to divert sewage so as to allow sewage other than the customer's to enter the city's system from the customer's premises.

(Code 1959, § 16A-14)

Rates for utility services shall be established from time to time by the city council by motion or resolution.

(Code 1959, § 16A-15)

State Law reference— Utility rates, G.S. § 160A-314.

(a)

The gathering of data for, the preparation of and the collection of utility bills shall be the responsibility of the city treasurer.

(b)

Bills for utility services are payable as set forth on the bill.

(c)

Notice of amounts due for utility services shall be given by mail. Failure to receive such notice shall not excuse customer from paying any bill when due.

(d)

When meters are installed to measure the utility services used by the city's customers, all charges for utilities used, except certain minimum charges, shall be calculated from the readings of the meters. However, if it should clearly appear that the meter has failed to perform its function and has not correctly registered, the amount of utilities used shall be estimated based upon the average of the customer's preceding twelve (12) accurate bills, adjusted by known changes in the amount of consumption of utilities.

(e)

The consumption registered by two (2) or more meters serving any customer shall not be added together for billing purposes; except as may be provided for and set forth in the "City of Statesville Extra Facilities Clause" Policy Statement.

(Code 1959, § 16A-16; Ord. No. 6-89, 1-9-89)

(a)

For the purpose of liability, the point of delivery shall be the point where the city's lines cross the boundary of the customer's property. The city shall not be liable to the customer, or any of his agents, servants or employees, or to any person whomsoever for any loss, damage or injury to persons or property resulting from utility service or its use after it leaves the point of delivery, all risk thereof and therefrom being assumed by the customer, except when caused by the exclusive negligence or willful acts of employees of the city.

(b)

The customer will ensure that all electrical equipment, wiring and plumbing beyond the metering point will be installed according to applicable codes and maintained in a safe condition.

(Code 1959, § 16A-17)

In addition to those reasons justifying discontinuance of utility services as enumerated in the city's utility regulations, the following are reasons for discontinuance of service:

(1)

A violation of section 23-6, subsection (b) if the condition is not corrected and inspected immediately upon notification by the city to the customer to do so;

(2)

For want of supply of water or electricity.

(Code 1959, § 16A-18)

(a)

No person shall in any way tamper with the city electric or water meters, nor shall any customer permit the meters to be tampered with. Any violation of this section shall subject such person to the civil penalty provisions of section 1-7(b) of this Code and shall further justify discontinuance of services by the city.

(b)

Any seal broken on such meter shall be considered prima facie evidence of intent to violate this section, and of the violation of this section by the person in whose name such meter is installed, or the person so using or receiving the benefits of the electricity or water measured by such meter.

(Ord. No. 4-88 (16A-14.1), 2-15-87)

State Law reference— Similar provisions, G.S. § 14-151.1.

(a)

All bills are due and payable upon receipt. Final payment dates shall be shown on bills rendered.

(b)

If any bill is not paid within twenty-one (21) days of the billing date, a delinquent notice will be mailed stating that the service will be terminated unless bill is paid by a specified date.

(c)

If a customer is unable to pay the entire arrears amount at once, the city may, at its option, enter into a contractual agreement with the customer, setting up a schedule of payments to eliminate the arrears. City staff may execute a contractual agreement with the customer for a period not to exceed twelve (12) months and/or for an arrears amount not to exceed five thousand dollars ($5,000.00). Agreements for longer than twelve (12) months and/or for amounts over five thousand dollars ($5,000.00) must be approved by city council. All such agreements shall provide for the payment of interest at the rate of one and one-half (1½) percent per month until paid in full.

(d)

If, at any time, the customer fails to meet the provision of the contract, it shall be considered null and void, and the customer shall be deemed in arrears and the service shall be discontinued, unless the entire amount of arrears is paid at once.

(Ord. No. 7-90, 3-19-90)

There is created the office of director of electric utilities. The director shall be appointed by the city manager to perform the following duties in addition to other duties enumerated in this article:

(1)

Provide for the construction, maintenance and repair of the electric distribution system of the city as may be deemed expedient for the furnishing of current and services to the city's customers;

(2)

Enforce all rules and regulations governing the use and distribution of electricity;

(3)

Perform such other duties as may be prescribed by the city manager.

(Code 1959, § 16A-1)

(a)

The city shall make all necessary connections from its main line to each point where provision for metering is made for each type of use upon payment of such fees, if any, as may be adopted by the city council from time to time. All other wiring and appliances for the purpose of utilizing the current from that point shall be done according to the rules and regulations of the electrical code adopted by the city and shall always be subject to examination and inspection by the city electrical inspector.

(b)

All initial services to newly constructed buildings shall be installed underground, unless the requirement is waived by the director of electric utilities. This provision shall apply throughout the city regardless of the supplier of electricity and to all other buildings furnished electricity by the city.

(c)

The location of the service entrance to all buildings shall be approved by the director of electric utilities.

(Code 1959, § 16A-2)

Where more than one (1) meter is to be installed at the same location, each meter outlet shall be permanently marked, showing plainly the section of the building fed from the meter, and so placed as not to be covered by the meter when installed. The outlet shall be placed not lower than four (4) feet nor higher than six (6) feet from finish grade level. When more than one (1) meter is installed at the same location, a gutter or trough shall be used. One (1) service switch shall not contain metered wires of another customer.

(Code 1959, § 16A-3)

Subject to constitutional limitations the city and its officers, agents and employees shall have the right of ingress and egress upon the customer's property at any time for any purpose involving the reading of meters, the trimming of trees, the removal of obstacles, or the servicing or inspecting of utility facilities.

(Code 1959, § 16A-4)

State Law reference— Administrative search and inspection warrants, G.S. § 15-27.2.

The city's electric service shall not connect, for electric service to an occupant, any residential building on which construction is begun on or after January 1, 1978, unless the building complies with the insulation requirements of the state building code and has been certified for occupancy in compliance with the minimum standards of the state building code by the energy and insulation inspector.

(Code 1959, § 16A-5)

(1)

Purpose and scope. The City of Statesville finds that it would be in its best interest to regulate the use of poles by entities providing cable television, telephone, or similar services within the area they serve. The purpose of this section is to provide for the safe and orderly attachment of cables, wires, and associated apparatus to the poles of the City of Statesville.

(2)

Short title. This Ordinance shall be known and may be cited as "The Pole Attachment Ordinance of the City of Statesville, State of North Carolina."

(3)

Definitions.

Grantee means any entity, including without limitation, the natural person(s), partnership(s), domestic and foreign corporation(s), association(s), joint venture(s), or organization(s) of any kind which has been legally granted a cable television franchise by the city, or which provides telephone or similar services in the city or its immediate vicinity, and including all successors, transferees, and assignees of such entities.

Grantor means the City of Statesville as represented by the city council acting within the scope of its jurisdiction.

City means the City of Statesville, North Carolina, a political subdivision of the State of North Carolina.

(4)

Permit required.

(a)

The city recognizes that certain cables, wires, and apparatus have been attached to its poles without the issuance of a permit prior to the enactment and effective date of this section, either pursuant to a franchise agreement for cable television service or pursuant to the provision of telephone service in the area. No applications shall be required of municipal franchisees for such existing construction, but all construction shall nevertheless be required to adhere to the standards of this section. All individuals who have made connections to the city's power poles without permission or intend to attach to the city's power poles shall apply in writing to the electric utility director for a permit. The city shall charge two hundred dollars ($200.00) for such permit.

(b)

From and after the effective date of this section the City of Statesville, as grantor owning certain poles within its service area, shall permit attachment of cables, wires, and apparatus to such poles only upon submission of an application by grantee. The city will not unreasonably withhold its consent to the use of such poles to municipal franchisees. In general, permission will not be granted for the attachment to any pole of more than one (1) strand in any one direction supporting communication cables of the grantee, exclusive of service drop cables originating on the pole or nearest main line pole of the city. Any attachment to municipal poles by entities not franchising utility services through the city shall be required to obtain a permit with the city within twelve (12) months of adoption of this ordinance.

Permittees shall pay the same rate per pole as set forth in the city's annual fee schedule.

(c)

It shall be unlawful to connect any wire, fiber optic cable, support cable, communication or signal device, camera, etc., to grantor's pole without permit granted by the director of electric utilities. Failure to obtain a permit shall cause the city to immediately remove such devices from unpermitted rules at violator's expense.

(5)

Maintenance of attachments in safe condition. Grantee shall, at its own expense, make and maintain all its attachments and facilities in safe condition and in thorough repair, and in a manner acceptable to the city and so that said attachments and facilities of grantee will not conflict with or alter existing equipment or use of said poles by the city, or by other utility companies using or having the right to use said poles, or interfere with the working use of facilities thereon or which may from time to time be placed thereon. Grantee shall at any time, at its own expense, upon notice from the city, relocate, replace or renew its facilities placed on said poles, and transfer them to substitute poles, or perform any other work in connection with said facilities that may be required by the city, provided, however, that in cases of emergency, the city may arrange to relocate, replace, or renew the facilities placed on said poles by grantee, transfer them to substituted poles or perform any other work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of said poles, the facilities thereon or which may be placed thereon, or for the service needs of the city, and grantee shall, on demand, reimburse the city for the expense thereby incurred.

(6)

Construction and technical standards.

(a)

Grantee's cables, wires, and appliances, in each and every location, shall be erected and maintained in accordance with the requirements and specifications of the National Electrical Safety Code, and any amendments or revisions of said code and safety requirements of the city, and in compliance with any rules or orders now in effect or that may hereafter be issued by the State Regulatory Authority, or other authority having jurisdiction. The grantee shall not install any facilities in the city's poles which will make said poles unsightly in appearance. The city has the right to refuse attachment by the grantee of its facilities if, in the opinion of the city, the attachment will render said poles unsightly in appearance. The city shall designate the location of grantee's attachments to the poles of the city in accordance the requirements and specifications of the National Electrical Safety Code and the city's outstanding obligation to others as to the use of said poles.

(b)

In the event that any pole or poles of the city to which grantee desires to make attachments are inadequate to support the additional facilities in accordance with the aforesaid specifications, the grantee will notify the city of any deficiency. If the grantee still desires to make the attachments, it shall authorize the city to make the necessary changes and shall reimburse the city, on demand, for all costs incurred by the city in making such changes, including cost of preliminary survey, engineering, and other expenses involved. If the grantee does not elect to have changes made, the grantee will then reimburse the city the cost of preliminary survey and expenses incurred by the city. Where the grantee's desired attachments can be accommodated on present poles of the city by rearranging the city's facilities thereon, the grantee shall compensate the city for the full expense incurred in completing such rearrangements. The grantee will also, on demand, reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it, or them, in transferring or rearranging said facilities. Any guying of poles required to accommodate the attachments of grantee shall be provided by and at the expense of the grantee and to the satisfaction of the city. If existing attachments of other owners are in violation of the National Electric Safety Code or the safety requirements of the city, the grantee shall not be billed for any costs except those costs in excess of the costs to correct the existing violations.

(7)

City not liable for service interruptions. The city reserves to itself, its successors and assigns, and to the owner or owners of other facilities attached to said poles, the right to maintain, replace and enlarge its facilities and to operate the same from time to time in such a manner as will best enable it, in its sole judgment, to meet the needs of its customers and fulfill its own service requirements. The city shall not be liable to grantee or to grantee's customers for any interruption to service of grantee or for interference with the operation of the cables, wires, and apparatus of grantee arising in any manner out of the use of the city's poles hereunder, or arising in any manner out of the condition or character of the city's facilities or the manner of the operation thereof.

(8)

Right to inspect. The city, because of the importance of its service, reserves the right to inspect each new installation of grantee on its poles and in the vicinity of its lines or apparatus and to make periodic inspections, annually or as plant conditions may warrant, of the entire plant of grantee. Such inspections made or not, shall not operate to relieve grantee of any responsibility, obligation or liability imposed by law or any other ordinance or agreement.

(9)

Pole attachment fees. Grantee shall immediately notify the city of any new attachments made to city poles. Grantee shall pay to the city, for attachments made to poles, a pole attachment fee as set forth in the City of Statesville fee schedule maintained in the city office by the city clerk. Said rental shall be payable annually in advance on the first day of January of each year, and shall be based upon the number of poles on which attachments are being maintained on the first day of December. City may periodically inventory the city's poles for compliance with the above and shall assess a per pole penalty of fifty dollars ($50.00) for each pole found out of compliance with this section.

(10)

Grantee responsible for damage. Grantee shall exercise special precautions to avoid damage to facilities of the city and of others supported on said poles, and hereby assumes all responsibility for any and all loss for such damage. Grantee shall make an immediate report to the city of the occurrence of any damage and hereby agrees to reimburse the city for the expense incurred in making repairs.

(11)

Hold harmless provision. Grantee shall indemnify, defend, and save harmless the city from and against any and all claims, demands, loss, costs and expense because of:

1.

Damages to property;

2.

Injury or death to persons (whether such injury or death is to grantee's or the city's employees, or the public);

3.

Any and all interference with the service rendered by grantee over its facilities including television and radio reception of customers or patrons of grantee;

4.

Any interference with the television or radio reception of any person which may be occasioned by the installation or operation of grantee's facilities;

5.

Payments made under any workmen's compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, operation, or removal of grantee's facilities;

6.

The proximity of grantee's facilities to the wires and other facilities of the city;

7.

Any act of grantee, its agents or employees, on or in the vicinity of the city's poles; or

8.

Any claims made upon the city for additional compensation for use of its distribution rights of way for an additional use.

(12)

Necessary precautions. Grantee agrees to take any necessary precautions prescribed by the city, by the installation of protective equipment or otherwise, to protect all persons and property against injury or damage that may result from grantee's attachments to the city's poles. If, in the city's opinion, grantee has not taken such necessary precautions, the city shall have the right to terminate the permission herein granted upon thirty (30) days' written notice to grantee. However, the city shall not be considered in any way responsible for the adequacy or inadequacy of such precautions of grantee. The city shall have the right to remove immediately and without notice any attachment which could place the city's equipment or the public in danger.

(13)

Removal of attachments.

(a)

Grantee may at any time remove its attachments from any pole or poles of the city, but shall immediately give written notice of such removal to the city. No refund of any rental will be due on account of such removal.

(b)

Upon notice from the city to grantee that the use of any pole or poles is forbidden by municipal authorities or property owners, the permit covering the use of such pole or poles shall immediately terminate without notice, and cables, wires, and appliances of the grantee shall be removed at once from the affected pole or poles.

(14)

Penalties and remedies.

(a)

If grantee shall fail to comply with any of the provisions of this section, including the specifications hereinbefore referred to, or default in any of its obligations, and shall fail within sixty (60) days after written notice from the city to correct such default or noncompliance, the city may, at its option, forthwith revoke the permit covering the poles as to which such default or noncompliance shall have occurred. In case of such termination, no refund shall be made.

(b)

Bills for expenses and other charges under this section, except those advance payments specifically covered herein, shall be payable within thirty (30) days after presentation.

(c)

Failure to enforce or insist upon compliance with any of the terms or conditions of this section shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect.

(15)

Rights of grantees.

(a)

Nothing herein contained shall be construed as affecting the rights or privileges granted by the city, by contract or otherwise, to others, to use any poles covered by this section; and the city shall have the right to continue and extend such rights or privileges. The attachment privileges herein granted shall at all times be subject to such contracts and arrangements.

(b)

Grantee shall not assign, transfer or sublet the privileges hereby granted without the prior consent in writing of the city.

(c)

No use, however extended, of the city's poles, shall create or vest in grantee any ownership or property rights in said poles, but grantee's rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel the city to maintain any of said poles for a period longer than demanded by its own service requirements.

(16)

Rights of city to abandon poles. The city reserves to itself and its successors and assigns the right to abandon a pole or poles to which the grantee's facilities are attached. The grantee shall be given sixty (60) days notice of each proposed abandonment, and if the grantee does not remove its facilities, the city may institute a fine of one hundred dollars ($100.00) per day for each day after said sixty (60) days. In addition to this fine, the grantee may deem grantee's facilities worthless, and they may be caused by the city to be removed from the pole or poles, and be disposed of at any suitable place, all at the expense of grantee. The city shall be free from any liability therefore to anyone.

(17)

Notice. Wherever in this section notice is provided to be given by either party hereto to the other, unless otherwise specified, such notice shall be in writing and given by letter deposited in the U.S. mail, or by personal delivery to the city at its office.

(Ord. No. 25-04, §§ 1—17, 7-19-04)

(a)

Availability. This schedule is available to individual customers for lighting of private outdoor areas at locations on the city's distribution system. Additionally, this service is available to the city for lighting its streets and other facilities. Service under this schedule may be withheld or discontinued at the option of the City of Statesville.

(b)

Rates. Monthly charges will be calculated as follows:

Notes for rate schedules:

1. "Existing pole" is defined as a pole utilized for distribution facilities and not solely to support the luminaire.

2. These luminaires are not available for the lighting of streets, roadways, and other vehicle thoroughfares.

3. This luminaire is available at the time of this rate's revision with a drop lens refractor at no additional cost. Standard service will provide no drop lens refractor. It is possible that in the future, no drop lens refractor may be offered.

4. The city may substitute painted metal poles instead of fiberglass poles at its discretion.

(c)

Non-metered security camera service. Camera systems approved by the City of Statesville Electric Department and the City of Statesville Police Department may be installed in locations with existing City Electric Department area or street lights and receive power through the use of a photo-cell adapter plug (subject to one hundred twenty (120) volts alternating current being available at that light). Such systems need to be self-contained, with remote data transmission capability (i.e. via cell phone, blue tooth, etc.) General requirements: Total nameplate power requirements no larger than two hundred (200) watts, weight of equipment or size (including potential ice and wind loading) does not noticeably deflect the light arm or pole, equipment is legal for operation and meets all NEC standards and is listed. Customer will be responsible for providing a 7-pin Power Tap Continuous On Photo-Cell Adapter plug (Ripley PN# 5771-10-1 or approved equal with internal circuit breaker) and installing or maintaining the system using a qualified, licensed electrical contractor approved by the City of Statesville Electric Department. A customer requesting this service must also have at least one (1) active electric account with the City of Statesville. If the camera equipment must be mounted on a pole, a separate pole attachment agreement will be required, as well as payment for the attachment at the prevailing rate. Camera systems will be considered abandoned two (2) months after a failure to pay the electric bill and can be removed and disposed of by the city. Cost for qualifying standard non-metered security camera electric service and mounting on a lighting arm, per month, is ten dollars ($10.00). (Billing Code OL-50)

(d)

Other luminaires. Decorative, non-standard luminaires or non-standard poles may, at the city's option, be installed on customer request, at the rate shown above plus an additional monthly charge equal to one and seven-tenths (1.7) percent of the estimated difference in the installed cost between the luminaire and pole requested and the equivalent standard luminaire and pole shown above.

(e)

Underground charges. Additional monthly charges for the underground conductor system are as follows:

(1)

For service to a light beyond one hundred fifty (150) feet, the city will charge the customer an additional nine (9) cents per ten (10) feet of additional service line on a monthly basis.

(2)

When the installation requires the cutting and replacing of pavement for a drive or walkway, the customer will provide a contribution in aid of construction costs, including re-landscaping the area.

(f)

Explanatory notes.

(1)

Lamps will burn from approximately one-half (½) hour after sunset until approximately one-half (½) hour before sunrise. The city will replace defective luminaires during regular daytime working hours as soon as practicable following notification by the customer of the necessity.

(2)

Luminaires will be installed only on city-owned poles or structures. All facilities necessary for lighting service under this schedule, including fixtures, controls, poles, or other structures, hardware, transformers, conductors, and other equipment shall be owned and maintained by the city.

(3)

Equipment (such as disconnecting switches) other than that supplied by the city as standard is not available under this schedule, and shall not be installed by the customer. (does not apply to non-metered customer supplied security cameras powered through customer supplied street light photo cell adapters).

(4)

This schedule is not available for seasonal or other part-time operation of outdoor luminaires.

(5)

The customer shall designate location of the luminaire, but the location must be approved by the city and must be within a distance, which can be reached by a secondary extension from the city's nearest distribution facilities.

(6)

LED wattages and lumens are those used at the effective date of this schedule. Actual wattages and lumens may vary depending on the luminaires the city is purchasing at the time. 3000 Kelvin LEDs will be the city's standard except for special applications such as flood lighting.

(g)

Sales tax. To the above charges will be added any applicable North Carolina Sales Tax.

(h)

Payment. All bills are due and payable upon receipt. Bills are considered past due and delinquent twenty-one (21) days after the billing date and shall be subject to a late payment charge of five dollars ($5.00) or five (5) percent of the unpaid amount, whichever is greater. In addition, if any bills are not paid within thirty-one (31) days of the billing date, the city has the right to suspend service in accordance with its service policies.

(i)

Contract period. The original term of the contract is for two (2) years or pay the remaining balance of the two-year contract. Contracts will continue after the original term until terminated by either party on thirty (30) days written notice.

(j)

Adopted. This rate was amended by Ordinance No. 41-21 on September 20, 2021 and is effective for bills rendered after November 1, 2021.

(Ord. No. 41-21, attch., 9-20-2021)

The city, through its agents and employees, when obtaining easements for sanitary sewer and water line purposes, shall obtain the easements from the record title holder or record owner of the property, in writing, and the easements shall be accurately described from the beginning of the easement to the ending point of the easement, by metes and bounds, or the easement shall be shown on a recorded plat of the property in the county register of deeds' office. If the easement is one not shown on a recorded plat, as hereinabove provided, the easement obtained by metes and bounds shall be recorded in the county registry prior to the installation of any water or sewer facilities.

(Code 1959, § 21-45)

It shall be illegal to construct any semipermanent or permanent building or structure over any recorded utility easement granted to the city, except as specifically provided in this article.

(Code 1959, § 21-46)

Should the owner of property over which there is a recorded utility easement for sewer or water line purposes desire to erect a permanent or semipermanent building or structure over the location of same prefer that the easement be moved to another location on his property, the city may relocate the easement upon the granting by the property owner of a written easement describing the new site of the easement by metes and bounds without any charge to the city and further, upon the property owner paying to the city the entire expense of relocating the utility easement.

(Code 1959, § 21-47)

Should the owner of property over which there is a recorded utility easement for water or sewer line purposes desire to erect a structure over the location of same, but does not prefer to have same relocated, as provided by the preceding section, the city may allow the erection of same over the utility easement upon the execution by the property owner of a release to the city, agreeing that if at any time in the future it becomes necessary for the city, its agents or employees, to enter upon the easement for the repair, maintenance, relocation or service whatsoever, that the property owner will hold and save harmless the city from all claims for damages to the structure. This release is to be executed by the property owner to the city prior to the issuance of any building permit by the building inspector to the owner for the erection of a building or structure thereon.

(Code 1959, § 21-48)

(a)

Any property owner or group of property owners having need for a water and/or sanitary sewer main extension shall petition the city for such extension. The city council in response to a request for an extension of utility service may elect to:

(1)

Install the services at the city's expense and subsequently collect system development fees, as described herein, from those who connect to the main to defray the cost.

(2)

Jointly finance and install the extension in cooperation with the county in accordance with the intergovernmental agreement and subsequently collect system development fees, as described herein, from those who connect to the main to defray the cost.

(3)

Approve and allow the developer to install the extension at his expense as outlined in 23-259(7).

(4)

Deny the extension and cite reasons for doing so.

(b)

The city council may extend water and/or sanitary sewer mains on its own volition without receipt of petition from abutting property owners and assess the cost and collect SDF as the fees are set forth and allowed herein. The city council may authorize improvements to the city water and/or sewer system in order to remedy inadequacies in the existing system and make no assessment for the improvement and charge SDF to those that are not currently connected to the system as the fees are set forth and allowed herein. All fees as set forth herein may be amended each year through the passage of the annual budget.

(c)

All SDFs shall be paid to the city unless otherwise decided by the Statesville City Council.

(Code 1959, §21-49; Ord. No. 18-87, 5-18-87; Ord. No. 28-04, 8-2-04; Ord. No. 12-18, 5-7-2018)

(a)

Plans for proposed water or sewer extensions must be prepared and submitted to the city and appropriate state agencies for their approval. The minimum distance for any extension of a water main or sanitary sewer main is determined by the city. In general the minimum distance for an extension shall be across the property being developed. Extensions will not be approved unless located within city or state maintained rights-of-way or easements obtained for the extension. Water and sewer mains must be constructed in full compliance with city specifications and standards and accepted by the city engineer or his representative as fulfilling those obligations; however, the city engineer may find just cause for some deviation in extreme hardship cases provided he documents the circumstances and/or conditions under which the exception was granted.

(b)

The size of water mains and sanitary sewer mains to be installed and other required system facilities are determined by the city in accordance with the recognized standards and accepted engineering practices and design, provided, however, the water line shall not be less than eight (8) inches in diameter unless otherwise approved by the city engineer, and the gravity sewer line not less than eight (8) inches in diameter.

(c)

When the city determines that it is appropriate to install larger size mains than are necessary to serve the property of the petitioner and the city has elected to allow the developer to install the line at his expense, the difference in the cost of the larger size facilities over and above the cost of the facilities required to service the property for which the extension was requested may be paid for by the city.

(Code 1959, §21-50; Ord. No 18-87, 5-18-87; Ord. No 28-04, 8-2-04; Ord. No. 12-18, 5-7-2018)

Upon installation of water meter the city shall read said meter monthly and charge such usage as has accumulated from the last reading. The city shall charge at least the minimum fee per month per service.

(Ord. No. 32-04, 9-7-04)

(a)

Any property owner seeking a service connection to an existing main (water and/or sanitary sewer) shall make application to the city engineer for such service. In the event that the service is available and adequate sized mains are in place to serve the property, the applicant shall pay to the city:

(1)

The respective water and/or sewer system development fee; and

(2)

The applicable tap fee for the connection.

(b)

At city councils option, any property located outside the city limits shall be required to petition for voluntary annexation as a condition of connecting to the water and/or sewer system. Petitions shall be made prior to any taps being made.

(Code 1959, § 21-52; Ord. No. 18-87, 5-18-87; Ord. No. 35-89, 8-21-89; Ord. No. 5-95, 2-20-95; Ord. No. 65-96, 11-4-96; Ord. No. 28-04, 8-2-04)

(a)

Any water mains or sanitary sewer mains extended under the provisions of this article shall be installed and constructed in accordance with the approved plans, specifications and other requirements of the city. All facilities installed under the provisions of this article, whether within or outside the corporate limits, shall become the sole property of the city and under its jurisdiction and control for any and all purposes whatsoever at the time such facilities are connected to the city system. When required, the property owners shall grant to the city such utility easements as the city may require.

(b)

In addition, a deed to the city for water and/or sewer facilities installed which are located outside the corporate limits, the cost of which is borne by individual property owners, shall be executed prior to the time and extensions provided for in this article are connected to the city systems.

(Code 1959, § 21-53)

The city council shall as a condition under which water or sewer service or both will be extended, require the owner of a proposed subdivision to enter into an agreement to improve the proposed streets therein at his own expense and in accordance with the ordinances then in force governing the acceptance of public streets for the city. If required, this section shall apply to subdivisions which are located either within or outside the corporate limits of the city.

(Code 1959, § 21-54; Ord. No. 28-04, 8-2-04)

Where there is conflict between this article and chapter 21, the provisions of this article shall prevail.

(Code 1959, § 21-55)

Editor's note— Ord. No. 12-18, adopted May 7, 2018, repealed § 23-258, which pertained to system development fees and derived from Ord. No. 28-04, 8-2-2004; Ord. No. 43-07, 8-6-2007.

(a)

Definitions.

(1)

Capital rehabilitation project. Any repair, maintenance, modernization, upgrade, update, replacement, or correction of deficiencies of a facility, including any expansion or other undertaking to increase the preexisting level of service for existing development.

(2)

Existing development. Land subdivisions, structures, and land uses in existence at the start of the written analysis process required by G. S. § 162A-205, no more than one (1) year prior to the adoption of a system development fee.

(3)

Facility. A water supply, treatment, storage, or distribution facility, or a wastewater collection, treatment, or disposal facility, including for reuse or reclamation of water, owned or operated, or to be owned or operated, by a local government unit and land associated with such facility.

(4)

New Development. Any of the following occurring after December 1, 2017, the date of Statesville's written analysis of the system development fee, which increase the capacity necessary to serve that development:

a.

The subdivision of land;

b.

The construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure which increases the number of service units;

c.

Any use or extension of the use of land, which increases the number of service units.

(5)

Service. Water or sewer service, or water and sewer service provided by the City of Statesville, North Carolina.

(6)

Service unit. A unit of measure, typically an equivalent residential unit, calculated in accordance with generally accepted engineering or planning standards.

(7)

System development fee. A charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs, as provided in G.S. Ch. 162A, Art. 203. This term includes amortized charges, lump-sum charges, and any other fee that functions as described by the definition regardless of terminology. The term does not include any of the following:

a.

A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development;

b.

Tap or hookup charges for the purpose of reimbursing the city for the actual cost of connecting the service unit to the system;

c.

Availability charges;

d.

Dedication of capital improvements on-site, adjacent, or ancillary to a development absent a written agreement providing for credit or reimbursement to the developer pursuant to G.S. §153A-280, G.S. §153A-451, G.S. §160A-320, G.S. § 160A-499, G. S. Ch. 153A, Art. 18, Pt. 3A or Ch. 160A, Art. 19, Pt. 3D;

e.

Reimbursement to the city for its expenses in constructing or providing for water or sewer utility capital improvements adjacent or ancillary to the development if the owner or developer has agreed to be financially responsible for such expenses; however, such reimbursement shall be credited to any system development fee charges as set forth in G.S. § 162A-207(c).

(8)

System development fee analysis. An analysis meeting the requirements of G.S. § 162A-205.

(b)

When the system development fee shall be assessed. The city shall assess the system development fee when either:

(1)

A new development involves the subdivision of land. This fee shall be assessed at the first of either the recording of the development's plat or when the city makes a written commitment to provide the water and/or sanitary sewer service to the development; or

(2)

A development involving construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of a new structure, or enlargement of any use or extension of the use of land, which increases the number of service units. This fee shall be assessed when the developer or property owner applies for connection of an individual unit of development; or

(3)

A development requires the installation of a new meter, or when additional capacity is otherwise triggered.

(c)

Methodology used in development of system development fee. The city has utilized the buy-in method to determine the system development fees. The cost for customers is calculated based upon the proportional share of each user's share of existing capacity in core facilities. The cost of the facilities is based on fixed assets records and can include escalation of the depreciated value of those assets to current dollars.

Source: "Statesville System Development Fee Analysis, 2017." Available in city clerk's office.

(d)

Utilization of SDFs and SDF ordinance. The public works director shall administer the assessment of SDFs and shall ensure that the council is provided sufficient information to allow the setting of appropriate policies. The public works director shall establish and maintain records, which are in agreement with the budget, the SDF ordinance and the appropriate statutes of North Carolina. The proceeds of the system development fees shall be segregated into a capital reserve fund established pursuant to G. S. Ch. 159, Art. 3, Pt. 2 and may be expended only in association with capital rehabilitation projects as defined herein and previously completed capital improvements for which capacity exists.

(e)

Fee schedule. The SDF schedule for customers shall be adopted by the city council and is available for inspection in the city clerk and city engineer's office.

(f)

Tap size to govern rated flows. At the time of installation, should the tap size exceed the size of the meter requested for a customer, the SDF shall be calculated on the tap size.

(g)

Effective date of payment of SDF and septic system policy. Except as provided below, the owner or developer shall contract with the city to pay the SDF at such time as a water meter permit is issued. Such contract shall be executed before the city agrees to sign any applications for North Carolina Department of Environment and Natural Resources permit applications. Water meters will not be issued unless assessed SDFs have been paid in full based upon existing information at the time of issuance. SDFs will be assessed for all new customers, expansions and renovations of existing structures requiring larger water meters on or after July 1, 2018. This SDF as outlined in section 23-259 of this code will not apply to any structures that receive water meters before July 1, 2018, unless said structures require larger water service. A structure that receives a water permit on or after July 1, 2018, which is connected to an individual septic tank nitrification system and in the future obtains wastewater service shall pay the applicable sewer SDF at the time the wastewater permit is obtained.

(1)

Customer replacement of a mobile home. A customer who was connected to a wastewater collection system prior to July 1, 2018, or who has paid a SDF may replace a mobile home or other structure on the same lot without paying the SDF provided the connection is the same size and a letter is provided from the customer service department verifying the previous connection.

(2)

Fees when new structures are replacing demolished structures on the same or re-platted parcels. In the event that a structure or structures are demolished and replaced by a new structure or structures on an existing or re-platted parcel, the city will subtract the value of abandoned taps based on prevailing rates from the total needed for the new structure or structures. If the meter size of the new structure is less than or equal to the meter(s) that previously served that site, no SDFs will be due and no fees will be refunded. If the new requirements are greater, the builder/owner will be charged the difference. The policy is applicable only to the platted or re-platted lots where the new structure and its parking areas will be located. No water and sewer capacity from other sites may be credited to the site in question nor can any balances in water and sewer capacity be transferred from the site in questions to other sites.

(h)

Fire protection lines. The city shall not collect SDF for use of taps for fire protection purposes. The use of fire protection lines for daily water use is illegal and upon discovery the customer shall be subject to disconnection of fire service until the SDF for the size fire line tap is paid and appropriate metering devices installed to calculate flow.

(i)

Existing structure requesting additional capacity. When an existing development or structure requests additional water and/or wastewater capacity, the customer must reapply with the city for water and wastewater services and is subject to system development fees in accordance with this section.

(j)

Review of system development fees. The city shall publish the system development fee in its annual budget ordinance. The city shall update the system development fee analysis every five (5) years.

(Ord. No. 12-18, 5-7-2018)

(a)

Each lot shall have separate and independent water and sewer service connection if mains are available. If a lot cannot be served as provided for in this chapter, wells and/or septic tanks may be installed only if authorized by the county health department.

(b)

All services shall be installed by city forces from the city's mains to the back of curbline unless otherwise permitted by the plumbing inspector, provided that no such permission shall be granted for work within the corporate limits when the main to be connected to is located within a public street right-of-way.

(c)

Water stubs shall be Type K copper tubing or better. Sewer stubs shall be four-inch cast-iron pipe with a four-inch cast-iron cleanout brought to the ground surface at the property line by the property owner. All work and materials shall comply with the provisions of this Code. Owners of property served by stubs shall be responsible for the maintenance necessary in keeping them clean, sanitary and continually functioning to the city main.

(d)

Homogeneous bituminized fiber sewer pipe is added to the approved materials listed in table 505 of the state building code, Volume II, Plumbing, for use within the city. Installations must meet the current standards of model plumbing codes, such as the current Standard Plumbing Code.

(Code 1959, § 15-8)

Services six (6) inches and over require that a manhole be constructed over the end of the pipe as it joins the city's sewer main and at each change in line or grade. Manholes may be spaced up to two hundred fifty (250) feet apart in the same alignment if on a continuous grade.

(Code 1959, § 15-10)

All water service pipes (main to building) shall be installed a minimum of eighteen (18) inches below finished ground elevation at the meter box location, but not more than thirty-six (36) inches deep.

(Code 1959, § 15-11)

The weirs of traps from plumbing fixtures and drains shall not be installed or allowed lower than an elevation which is one (1) foot above the top of a sewer main manhole upstream from the building sewer connection serving the traps until the owner has signed the proper form to be furnished by the city releasing the city and the contracting plumber from all liability for damages which may result from sewage backflow where such an installation is proposed or has been made. This form shall be signed by the owner, witnessed and signed by the contracting plumber, accompanied by a fee to cover the cost of recording the form, and approved by the inspection division. In no event shall the city be responsible for any liability for damages which may result from sewage backflow where the explained installation has been made without the release having been executed.

(Code 1959, § 15-12)

Any water service consumer of the city's water system whose water service has a water pressure exceeding eighty (80) pounds per square inch is required to install and maintain a pressure reducing valve on the building site of the meter. No connection to the water system shall be made without installing the pressure-reducing valve herein required, and in no event shall the city be responsible for any liability for damages which might result from the failure to install and maintain the pressure-reducing valve in any commercial, residential or industrial service.

(Code 1959, § 15-13)

The city shall have access at all times to grease traps and cleanouts. Cleanouts shall be made of four-inch PVC pipe and a 90° elbow. All cleanouts and traps shall be easily accessible and shall not be obstructed by landscaping, parked cars, or other obstructions. Any cleanout located in a landscaped area shall extend at least four (4) inches above the landscape and be capped. If cleanouts or traps must be located in parking areas, they must be level with the pavement and have slotted brass or PVC covers.

(Ord. No. 66-96, 11-4-96)

(a)

It is the intent of this article to recognize that there are varying degrees of hazard to potable water within the water main and water supply systems. It is also the intent to apply the principle that the degree of protection should be commensurate with the degree of hazard.

(b)

The purpose of this article is to:

(1)

Protect the public potable water supply of the city against actual or potential cross-connections, backflow, and back-siphonage by isolating within the premises of private property contamination or pollution that has occurred or may occur because of some undiscovered or unauthorized cross-connection on the premises of private property;

(2)

Eliminate cross-connections, backflow and back-siphonage of any other source of water or process water used for any purpose whatsoever which may jeopardize the safety of the public potable water supply of the city;

(3)

Establish a cross-connection, backflow and back-siphonage control program;

(4)

Comply with 15A NCAC 18C (the North Carolina Drinking Water Act).

(c)

Cross-connection, backflow and back-siphonage control requires cooperation between the city and the consumer. The responsibilities and duties of each shall be as set forth in this article and other applicable regulations.

(Ord. No. 25-19, 11-4-2019)

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:

Air gap separation means the unobstructed, vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle. An approved air gap separation shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel. In no case shall the gap be less than one (1) inch.

Approved, as used in reference to a water supply system or backflow prevention device or method, means one (1) that has been approved the executive director of public works/city engineer or his designee.

Backflow prevention device means any effective device, method or construction used to prevent backflow into a potable water system. The type of device used shall be based on the degree of hazard, either existing or potential.

Back-pressure backflow means backflow caused by a pump, elevated tank, boiler or other means that could create pressure within the system greater than the supply pressure.

Back-siphonage backflow means a reversal of the normal direction of flow in the pipeline due to a negative pressure (vacuum) being created in the supply line with the backflow source subject to an atmospheric pressure.

Check valve, approved means a check valve that is drip tight in the normal direction of flow when the inlet pressure is one (1) pound per square inch (PSI) and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow.

Consumer means any person, property owner or entity using or receiving water from the city water system. When used in conjunction with the term "consumer" the pronoun "his" is considered gender neutral.

Contamination means an impairment of the quality of the water by sewage or industrial fluids or waste to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease, or pathogenic organisms.

Cross-connection means:

(1)

Any physical connection between a potable water supply system and any other piping system, sewer fixture, container, or device, whereby water or other liquids, mixtures, or substances may flow into or enter the potable water supply system;

(2)

Any potable water supply outlet that is submerged or is designed or intended to be submerged in non-potable water or in any source of contamination; or

(3)

An air gap that does not meet the requirements of less than twice the diameter of the potable water pipe as defined above ("air gap separation").

Cross-connection, point of means the specific point of location in a public or a consumer's potable water system, where a cross-connection exists.

Director means the executive director of public works/city engineer.

Double check detector assembly means a double check valve assembly which includes a detector check valve. Used primarily in fire flow applications.

Double check valve assembly means an assembly composed of two (2) single, independently acting, approved check valves, including tightly closing shut-off valves located at each end of the assembly and suitable connections for testing the water-tightness of each check valve.

Hazard, degree of shall be derived from the evaluation of a health, system, plumbing or pollution hazard and are classified as follows:

(1)

High-health hazard: A cross-connection or potential cross-connection involving any substance that could, if introduced into the potable water supply, cause illness or death, spread disease, or have a high probability of causing such effects;

(2)

Low-health hazard: A cross-connection or potential cross-connection involving any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable if introduced into the potable water supply.

Hazard, health means an actual or potential threat of contamination or pollution of a physical or toxic nature to the public potable water system or the consumer's potable water system to such a degree or intensity that there would be a danger to health.

Hazard, plumbing means a plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation, or other device. Unprotected plumbing-type cross-connections are considered to be a health hazard. They include, but are not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn-sprinkling systems. Plumbing-type cross-connections can be located in any types of structures including homes, apartment houses, hotels and commercial and industrial establishments.

Hazard, pollution means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system but which would not constitute a health or system hazard. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance, be objectionable or could cause minor damage to the system or its appurtenances.

Hazard, system means an actual or potential threat of severe danger to the physical properties of the public or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

Industrial fluids means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard, if introduced into an approved water supply. This may include, but is not limited to, polluted or contaminated used waters, all types of process waters and used waters originating from the public potable water system which may deteriorate in sanitary quality, chemicals in fluid form, plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances, contaminated natural waters such as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerine, paraffines, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other processes or for firefighting purposes.

Industrial piping system, consumer's means any system used by the consumer for transmission of or to confine or store any fluid, solid or gaseous substance other than an approved water supply. Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey or store substances which are or may be polluted or contaminated.

Letter, approval to install means the approval which is issued by the executive director of public works/city engineer (the "director"), or his designee, to install a backflow assembly which has been reviewed and determined to meet city standards and specifications. When a submittal to the City of Statesville Technical Review Committee (TRC) includes the installation and/or alteration of a backflow assembly, approval of the submittal by TRC shall constitute approval to install or alter the backflow assembly.

Non-potable water supply means waters not approved for drinking or other household uses.

Potable water supply means water approved for drinking and other household uses.

Pollution means an impairment of the quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

Reduced pressure principle backflow prevention device means a device containing within its structure a minimum of two (2) independently acting, approved check valves, together with an automatically operating pressure differential relief valve located between the two (2) check valves. The first check valve reduces the supply pressure a predetermined amount so that during normal flow and at cessation of normal flow, the pressure between the checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. The unit shall include tightly closing shut-off valves located at each end of the device and each device shall be fitted with properly located test cocks.

Service connection means a piped connection from a water main for the purpose of conveying water to a building or onto a premises for human use. A service connection begins: (a) at the point downstream of a service meter; or (b) for unmetered service, at the point of connection to the potable water supply system.

Service connection, terminal end means the point where the city loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water.

Water supply, auxiliary means any water supply on or available to the premises other than the city's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source such as well, spring, river, stream, etc., or used waters or industrial fluids. They may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.

Water supply, product means any chemical or substance added to a public water system in conjunction with a treatment technique or material used in construction of a public water system. The term includes any material used in the manufacture of public water system components, appurtenances, any pipe, storage tank, or valve that comes in contact with water intended for use in a public water system.

Water system, consumer's includes any water system located on the consumer's premises whether supplied by a public potable water system or an auxiliary water supply. The system or systems may be either a potable water system or an industrial piping system.

Water system, consumer's potable means that portion of the privately-owned potable water system lying between the service connection and the point of use. This system will include all pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, store or use potable water.

Water system, public potable means any publicly or privately-owned water system operated as a public utility under a valid health permit to supply water for domestic purposes. This system will include all sources, facilities and appurtenances between the source and the service connection such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, treat or store a potable water [supply] for public consumption or use.

Water, used means any water supplied by a water purveyor from a public potable water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water purveyor.

(Ord. No. 25-19, 11-4-2019)

Cross reference— Definitions and rules of construction, generally, § 1-2.

AG, air gap.

DCA, double check valve assembly.

DCDA, double check detector assembly.

RPA, reduced pressure assembly.

RPDA, Reduced pressure detector assembly.

(Ord. No. 25-19, 11-4-2019)

(a)

The city is primarily responsible for the prevention of contamination and pollution of the public water system. Such responsibility begins at the point of origin of the public water distribution system and ends at the service connection to the consumer's water system. In addition, the city shall exercise reasonable vigilance to ensure that the consumer has taken the proper steps to protect the public potable water system. When it is determined that a backflow prevention assembly is required for the protection of the public system of the city, the city shall require the consumer, at the consumer's expense, to install an approved backflow prevention assembly at each service connection.

(b)

The consumer has the prime responsibility of preventing contaminants and pollutants from entering his potable water system or the public water system at his service connection. The consumer, at his own expense, shall install, operate and maintain an approved backflow prevention assembly at the service connection, as directed by the city. Tests, maintenance and repairs of backflow prevention assemblies shall be made by the consumer at his own expense. A certification of testing and/or maintenance shall be submitted annually to the backflow/cross-connection coordinator.

(c)

Enforcement of this article shall be administered by the executive director of public works/city engineer utilizing the staff of the water/sewer maintenance and inspections division.

(Ord. No. 25-19, 11-4-2019)

(a)

No person shall construct, maintain, or operate a physical arrangement whereby the public water system has a cross connection without the use of proper backflow protection.

(1)

No person shall introduce any water into the distribution system of the public water supply through any means other than from an approved source of supply or make any physical connection between an approved supply and unapproved supply unless authorized in an emergency by the North Carolina Department of Health or its representative.

(2)

No service connection will be provided to any plumbing system that does not comply with the current version of the North Carolina State Building Code and all applicable local plumbing codes. The consumer, at his own expense, shall install, operate and maintain an approved backflow prevention assembly at the service connection.

(3)

Design of backflow prevention assemblies for service connections shall require city review and approval prior to making the connection. Installation of a testable backflow prevention assembly or air gap shall be required if the connection is non-potable or unapproved. Engineering plans and specifications shall be submitted in accordance with section 23-306 of this article.

(b)

The following requirements shall apply to backflow prevention not addressed by the plumbing code:

(1)

Testable backflow prevention assemblies shall meet American Society of Sanitary Engineering (ASSE) standards and carry an ASSE seal, be on the University of Southern California approval list for testable backflow prevention assemblies, or be on the North Carolina State Plumbing Code approval list for approved testable backflow prevention assemblies.

(2)

No person shall fill special use tanks or tankers containing pesticides, fertilizers, other toxic chemicals, or their residues except at a location equipped with an over-the-rim free discharge of water or a reduced pressure backflow preventer properly installed on the public water supply.

(c)

Hydrants used for construction or other temporary, non-emergency use connections shall have an approved air gap or an installed reduced pressure principle backflow prevention assembly.

(d)

Elevated or ground tank or a ground reservoir used only for non-potable purposes shall implement the following precautions:

(1)

If the reservoir or tank is filled from a supply other than a public water supply and the public water supply is used as a supplemental supply, the pipeline from the public water supply shall be installed with an air gap;

(e)

If the reservoir or tank is filled entirely by water from a public water supply and:

(1)

A covered ground reservoir or covered elevated tank is used, an approved reduced pressure back-flow preventer or an approved double check valve assembly shall be used; or

(2)

An uncovered ground reservoir or uncovered elevated tank is used, an air gap shall be required.

(f)

Installation. The following installation requirements shall be met, where applicable:

(1)

Backflow prevention assemblies shall be installed in accordance with manufacturers' recommendations and specifications and shall not be modified in the field;

(2)

Backflow prevention assemblies shall be located and installed in such a manner as to function as designed, be accessible for testing, maintenance, and inspection, and include all necessary test cocks and drains for testing. Valves shall be installed in the line at both ends of the back-flow prevention device to provide for replacement and maintenance;

(3)

Bypass lines parallel to a backflow prevention assembly shall have an approved backflow prevention assembly installed that is equal to that on the main line;

(4)

Reduced pressure principle assemblies shall be installed above ground. A reduced pressure principle assembly may be installed as protection for either a high-health or low health hazard;

(5)

Double check valve assemblies may be installed either vertically or horizontally per manufacture specifications. Only low-health hazards will be allowed to have a double check valve assembly;

(6)

Installation of all cross-connection, backflow and back-siphonage control assemblies shall be licensed mechanical, utility, or plumbing contractors certified to perform such work;

(7)

Existing situations, requiring the installation of backflow prevention assemblies shall be considered on a case-by-case basis, but in no case shall the completion date for compliance with the provisions exceed two (2) years from the effective date of this article.

(8)

This section sets out the usual device type requirements and methods of correction for backflow protection at the following service connection types (list is not all inclusive; system types not listed will be assessed on a case-by-case basis):

a.

Auxiliary water systems:

1.

Potentially contaminated source, AG or RPA.

2.

Potable but not acceptable as supplemental source for the public water system, DCA.

3.

Approved source supplemental to the public potable water system, none.

b.

Beverage bottling plants:

1.

Subject to backpressure, AG or RPA.

2.

Not subject to backpressure, DCA.

c.

Breweries, AG or RPA.

d.

Buildings—Hotels, apartment houses, public and private buildings or other structures:

1.

Major health hazard exists, AG or RPA.

2.

Minor health hazard exists, DCA.

e.

Canneries, packing houses, and reduction plants, AG or RPA.

f.

Chemical plants—Manufacturing, processing, compounding or treatment, AG or RPA.

g.

Chemically contaminated water systems, AG or RPA.

h.

Civil works:

1.

Health hazard exists, AG or RPA.

2.

No health hazard, DCA.

i.

Dairies and cold storage plants:

1.

Health hazard exists, AG or RPA.

2.

No health hazard, DCA.

j.

Film laboratory, AG or RPA.

k.

Fire systems:

1.

Health hazard exists, AG or RPDA.

2.

No health hazard, DCDA.

l.

Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, AG or RPA.

m.

Nursing and convalescent homes and clinics, RPA.

n.

Irrigation systems:

1.

Premises having irrigation systems separate from their domestic systems such as parks, playgrounds, cemeteries, golf courses, schools, estates, ranches, etc., AG or RPA.

2.

Premises with non-sewer meters (i.e., connected to domestic service), RPA.

o.

Laundries and dye works, AG or RPA.

p.

Metal manufacturing, cleaning, processing and fabricating plants:

1.

Health hazard exists, AG or RPA.

2.

No health hazard, DCA.

q.

Paper and paper products plants, AG or RPA.

r.

Plating plants, AG or RPA.

s.

Power plants, AG or RPA.

t.

Radioactive materials or substances—Plants or facilities handling, AG or RPA.

u.

Restricted, classified or other closed facilities, AG or RPA.

v.

Sand and gravel plants, AG or RPA.

w.

Schools and colleges, AG or RPA.

x.

Sewage and storm drain facilities, AG or RPA.

(g)

Testing, maintenance, and inspection.

(1)

All cross-connection, backflow and back-siphonage control equipment shall meet the testing requirements of the Foundation for Cross-Connection Control and Hydraulic Research, the American Water Works Association (AWWA), and the state building code, and the United States Environmental Protection Agency (EPA). The director will periodically issue a list of approved backflow control devices.

(2)

All cross-connection, backflow and back-siphonage control assemblies, both existing and new, and all parts thereof, shall be maintained in a safe condition and in good working order. The consumer shall be responsible for the maintenance of all backflow prevention assemblies.

(3)

All backflow prevention assemblies located at the service connection shall be tested at least once a year, or more often in those instances where inspections indicate a need, by the Department of Public Works. All rubber goods shall be replaced every five (5) years, or more often if needed. All required maintenance and repairs shall be made at the expense of the consumer.

(4)

The director, or his authorized representative, shall have the right to enter any building, structure or premises to perform any duty imposed upon him by this article where cross-connection, backflow and back-siphonage is deemed possible.

(5)

Nothing herein shall relieve the consumer of the responsibility for conducting, or causing to be conducted, periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections in the consumer's water system through which contaminants or pollutants could flow back into the public water system.

(6)

On request, the consumer shall furnish to the city any pertinent information regarding the water supply system on such property where cross-connection, backflow, and back-siphonage is deemed possible.

(h)

Reporting.

(1)

In the event of contamination or pollution of a potable water system, the consumer shall immediately notify the city in order that appropriate measures may be taken to overcome the contamination or pollution.

(i)

Remedial actions, fines and penalties.

(1)

Water service may be discontinued after reasonable notice to the consumer if a violation of this article exists on the premises, and such other precautionary measures may be taken as are deemed necessary to eliminate any danger to the potable water system. Water service shall not be restored until the danger has been eliminated in compliance with the provisions of this article.

(Ord. No. 25-19, 11-4-2019)

(a)

Where any connection to a city water line is made, and the property owner also maintains a well or other source of water, it shall be unlawful for the plumbing serving any building upon such property to be so connected that it be served with water from any source other than the city connection, and it shall also be unlawful to have plumbing cross-connected or so installed that water from the city water system or the private water system may, in any way, become intermingled. Such cross-connections may result in removal of the meter supplying such connections, as well as other penalties, civil or criminal, provided by law. Any and all permits required by the Iredell County plumbing inspector shall be obtained prior to any connections being made.

(b)

Upon discovery of a cross-connection upon any property being furnished water through the city water system, the owners of this property shall be notified that the cross-connection must be discontinued immediately. If the correction is not made, the meter shall be removed and shall not be reinstalled until such time a cross-connection is discontinued and payment of a five hundred-dollar ($500.00) charge is received.

(Ord. No. 25-19, 11-4-2019)

(a)

New backflow assemblies, or changes to existing backflow assemblies, shall be reviewed for conformance with city standards and specifications. All persons, including units of local government, intending to install or alter, or expand a water system which subsequently requires the installation or alteration of a backflow assembly shall submit plans and specifications of the proposed backflow installation or alteration for review and approval by the backflow/cross connection coordinator.

(b)

All plans, specifications, reports, or other data intended for review shall be submitted in accordance with City of Statesville Technical Review Committee (TRC) requirements.

(c)

No construction of or alteration to a backflow assembly shall be initiated until the director or his designee determines the installation or alteration complies with this article and issues the approval to instruct letter. With respect to installation or alteration of a backflow assembly, approval by the TRC shall constitute approval by the director.

(Ord. No. 25-19, 11-4-2019)

Application (submittal) fees for review and approval of proposed construction will be set by [the] city council (including fees for resubmittals).

(Ord. No. 25-19, 11-4-2019)

The waterworks system owned by the city shall be under the control of the mayor and city council and the duty of securing and enforcing full compliance with all rules and regulations governing all connections with the mains shall be vested in the city manager or his authorized representative.

(Code 1959, § 21-1)

The city reserves the right at any time to shut off the water in the mains in case of accident or for the purpose of making connections, alterations or repairs. It shall be the duty of the director of public works or his authorized agent to cause notice to be given to all consumers within the district that the water is to be shut off, when practical, except in case of accident, in which case the water shall be shut off without notice.

(Code 1959, § 21-2)

The city shall not in any case be liable to any person, resident or nonresident, for damages for a failure to furnish a sufficient supply or particular quantity of either water or sewer service for any purpose and will not create a special condition or class of fire protection and/or water supply system for a particular customer, but will treat all customers in a like manner. Any customer which requires special fire protection shall furnish, install, maintain and operate its own special firefighting equipment, whether it is in the form of elevated storage tanks, fire pumps or ground storage facilities.

(Code 1959, § 21-2.1)

The city reserves the privilege of tapping the water main for any and all connections and will extend all service pipes to the curbing where a meter box will be placed over a stopcock, all of which shall be under the exclusive control of the city. No person shall be allowed to turn the water on or off at this stopcock, except an authorized representative of the city.

(Code 1959, § 21-3)

(a)

Charges for the extension of service pipe, tapping and meter installation, including sanitary sewer connection, shall be established from time to time by the city council. Regular published fees for this service are available at the light and water department, city hall, and shall be furnished consumers upon request.

(b)

The consumption registered on two (2) or more meters serving a person shall not be added together for billing purposes.

(Code 1959, § 21-4)

(a)

Any person desiring to construct a new fire line service system, or to operate and maintain or add to an existing fire line service system shall make application to the city engineer or his designated representative (hereinafter referred to as the city engineer) for a permit to operate or place in service such system. Application shall be made on such forms, if any, as may be specified by the city engineer.

(b)

The permit application shall include, as a minimum, scale drawings of the existing or proposed system, including all pumps, pits, valves, piping diagrams, and all connections therewith, and a written description of the system components. Such other information necessary to enable the city engineer to make a determination on the application shall also be furnished at his request.

(c)

Once the application is complete and all information requested has been furnished to the city engineer, he shall review the application and make a determination as to whether the system applied for is in compliance with all federal, state and local statutes, ordinances, rules and regulations. If the city engineer determines that the system is in compliance, he shall issue a written permit to the applicant for the operation and/or construction of the fire line service system applied for; if he determines that the system is not in compliance, he shall deny the permit and request further information, if necessary, or advise the applicant as to the manner in which the system is not in compliance. The city engineer may issue a temporary permit for operation of an existing fire line service system not to exceed a period of sixty (60) days, provided that the applicant has fulfilled the application requirements established by this section; such temporary permits shall be renewable.

(d)

Owners of existing fire line service systems to which this section applies shall apply for the permit required in this section within one hundred twenty (120) days from the effective date of this section.

(e)

It shall be unlawful for any person to operate or construct a fire line service system to which this section applies without first obtaining a valid permit as required by this section. Such unlawful operation or construction shall also be deemed sufficient grounds for the denial or discontinuation of city water utility service until such time as a valid permit is issued.

(f)

This section shall not be construed so as to conflict with the state building code; in the event of an apparent conflict, the provisions of the state building code shall control and prevail. This section shall not prohibit or make unlawful the doing of any act permitted by the state building code, which act would be in apparent contravention of this section.

(g)

For purposes of this section, the term "fire line service system" shall mean that line, and all appurtenances thereto, carrying water, whether furnished by the city or another party, to and within a structure or any property for potential use in the suppression of a fire.

(Code 1959, § 21-5)

All pertinent provisions of this article are made a part of the terms and conditions of the contract whereby the city furnishes water service to any person or whereby the city makes any water connection or performs any work of any kind in connection with the furnishing of water service.

(Code 1959, § 21-6)

It is expressly stipulated by and between the city and the water takers that no claims shall be made against the city on account of the bursting or breaking of any main or service pipe or any attachment to the waterworks, or for any incidental failure in the supply of water.

(Code 1959, § 21-7)

All persons desiring connections made with the city water mains shall make application in writing to the director of public works or his authorized representative.

(Code 1959, § 21-8)

No person shall use water from the city water main without first having a meter installed, nor shall any person intercept the service pipe between the main and the meter and thus use water not having passed through the meter. Each establishment having a private water storage tank with a capacity of one hundred (100) gallons or more connected to a fire line which is connected to the city's water supply system shall install a city-approved water meter on such fire line at a location approved by the city manager.

(Code 1959, § 21-9)

All water meters shall be located at some convenient place within the street right-of-way at a place designated by the director of public works or his authorized representative. It is illegal to tamper with or remove a water meter from one location to another. In some cases of necessity city staff may move meters from one location to another when serving the same facility. Services found to have been moved or tampered with shall be subject to a two hundred dollar ($200.00) per month meter tampering fine and loss of the meter.

(Code 1959, § 21-10; Ord. No. 32-04, 9-7-04)

Water will not be turned on to any premises until the plumbing inspector has inspected the plumbing, fixtures and the meter and found them to be in proper condition.

(Code 1959, § 21-11)

The consumer shall cause to be installed in his service line a cutoff valve located on his property and he shall cause each service pipe to be provided with a stop and waste cock to be located on the premises supplied so that water may be turned off in case of accident or to prevent freezing and bursting of house pipes.

(Code 1959, § 21-12)

Persons taking water must keep their service pipe, which extends from the meter to its termination on the consumer's property, and all fixtures connected therewith in good repair and protected from frost at their own expense.

(Code 1959, § 21-13)

It shall be unlawful for any person to use or take water from the city water main in any way for private use unless such person shall first pay for the privilege and receive the usual permit from the finance department.

(Code 1959, § 21-17)

No person except the director of public works or his authorized representative, chief of fire department, or other authorized person shall take water from any public fire hydrant.

(Code 1959, § 21-18)

The purpose of Division 2 of Article III of Chapter 23 (referred to herein as "this division") is to provide sufficient authority to the city manager and director of water resources under the supervision of the city manager to develop and implement measures that respond to water shortages in a manner that is reasonably expected to: minimize harmful impacts on the public health, safety, and welfare, including the local economy; be consistent with state law and guidance from state drought management authorities; and, when appropriate, reduce Statesville's Catawba River water use consistent with the Catawba LIP. This division shall be liberally construed to effect such purpose.

(Ord. No. 9-08, § 1, 3-17-08)

For the purpose of this division, the following terms, phrases, words and their derivations shall have the meanings stated herein; and words not defined in this division shall have the meanings stated in Chapter 1 of this Code.

Catawba River Low Inflow Protocol or Catawba LIP shall mean the written set of procedures for reductions in water use during periods of drought or other emergency conditions published by the DMAG.

Customer shall mean any person in whose name the city maintains an account for water use.

Director shall mean the director of water resources of the City of Statesville.

Drought advisory shall mean an advisory issued by the NCDMAC that delineates the geographic extent and severity of a water as follows: abnormally dry, moderate drought, severe drought, extreme drought, or exceptional drought.

Drought management advisory group or DMAG shall mean the team of owners of large water intakes in the Catawba-Wateree River basin, state and federal agencies and Duke Energy Carolinas, LLC, that has formulated a basin-wide, shared response for low inflow conditions that may affect the reservoirs of the hydropower developments operated by Duke Energy Carolinas, LLC on the Catawba River basin.

Enforcement team member shall mean a city employee or other person authorized by the manager to monitor compliance, issue citations to users and other persons for violations, and direct users and other persons to cease violations.

Manager shall mean the city manager of the City of Statesville, North Carolina.

NCDMAC shall mean the North Carolina Drought Management Advisory Council.

Noncompliant water use shall mean any use or release of water from the water system in a manner that does not comply with a mandatory water conservation measure in a water shortage declaration or with a variance granted pursuant to this division.

User shall mean any person, including a customer, who, with or without the city's knowledge: receives or releases or is capable of receiving or releasing water from the water system; or owns, controls, or is otherwise responsible for, personal or real property that receives or releases or is capable of receiving or releasing water from the water system.

Water shortage factors shall mean relevant water quantity and quality information; the water conservation stages, water use goals, water shortage criteria, and water conservation measures listed in Table 1 and Table 2 of this division; recommendations from the director of water resources; available pressures at various points in the water system; the water system's ability to maintain adequate storage tank water levels; downstream conditions including water shortages for other public water suppliers; and other relevant factors.

Water sources shall mean the multiple water sources that supply the water system, including but not limited to the intake on the Catawba River, the intake on the South Yadkin River, and the Statesville-Salisbury water supply interconnection.

Water system shall mean the city's potable water treatment and distribution system.

(Ord. No. 9-08, § 1, 3-17-08)

The director shall have authority to make operational adjustments in the water system, including but not limited to adjusting the relative amounts of water being received by the water system from the water sources in order to achieve consistency of the water system with the Catawba LIP, a drought advisory, or for other appropriate purposes consistent with this division. Operational adjustments may be made without a declaration of water shortage pursuant to section 23-70.

(Ord. No. 9-08, § 1, 3-17-08)

The manager, or in the absence of the manager, the director, after careful consideration of the water shortage factors, may declare a water shortage for the entire water system or for a portion of the water system by signing a declaration of water shortage ("declaration"). Upon signing the declaration, the water conservation measures identified in Table 1 and Table 2, and any additional measures or modifications of measures stated in the declaration, shall be in effect. A declaration shall include the following information:

(1)

The date and time the declaration is to take effect;

(2)

The expiration date and time, if any;

(3)

Facts supporting the declaration;

(4)

A statement that the area served by the entire water system is affected by the declaration or, alternatively, that an area served by a portion of the water system is affected by the declaration;

(5)

The water conservation stage and water use goal;

(6)

Any voluntary conservation measures;

(7)

Any mandatory water conservation measures;

(8)

Notice that violations of mandatory water conservation measures are subject to civil penalty assessments and other enforcement actions; and

(9)

Notice that a procedure is available for requesting a waiver of requirements under some limited circumstances.

Table 1. Water Use Goals, Water Shortage Criteria, and Water Conservation Measures

Table 2. Stage 1, Stage 2, Stage 3, and Stage 4 Water Conservation Measures

(Ord. No. 9-08, § 1, 3-17-08)

The manager, or in the absence of the manager, the director, after consideration of water shortage factors, may amend, suspend, or terminate a declaration at any time by signing a written instrument stating such action. City council may issue, amend, suspend, or terminate a declaration.

(Ord. No. 9-08, § 1, 3-17-08)

The manager shall develop and implement a water shortage monitoring and management plan that includes, but is not limited to, plans for the following city actions to anticipate and respond to water shortages:

(a)

Monitor the water system and water sources in order to identify and anticipate circumstances that may make a declaration appropriate, to evaluate water shortage factors, to determine the need for operational adjustments, to address the appropriateness of a declaration or the appropriateness of amending, suspending, or terminating a declaration, to review or determine compliance with a declaration, to assess the need to revise or amend this division or the water shortage monitoring and management plan, or for other purposes consistent with this division.

(b)

Communications to city personnel, customers, users, the public, NCDMAC, DMAG, city of Salisbury and any other water supply interconnection partners, and other appropriate parties identified by the manager.

(c)

Monitoring, including enforcement team members patrolling the water system, to identify violations of water conservation measures while a declaration is in effect.

(d)

Issuance by enforcement team members of citations to users and other persons for violations of mandatory water conservation measures, assessment of civil penalties by the director, and recommendation by the director to the manager of cases for additional enforcement actions.

(e)

Other management needs identified by the manager.

(Ord. No. 9-08, § 1, 3-17-08)

After consideration of the water shortage factors, the manager, or in the absence of the manager, the director, may suspend, or direct the appropriate city official to suspend, the issuance of zoning permits and other approvals that involve waterline connections or extensions or any upgrade in capacity for water usage, for the period or a portion of the period that a declaration imposes mandatory water conservation measures.

(Ord. No. 9-08, § 1, 3-17-08)

After consideration of the water shortage factors, the manager, or in the absence of the manager, the director, may suspend service to a specific user connected to the water system, including a bulk user, for the period or a portion of the period that a declaration imposes mandatory water conservation measures. Whenever circumstances allow, the user shall be provided notice of suspension twenty-four (24) hours in advance of the suspension of service. Approval of city council is required before suspending service to a public school satisfying compulsory education requirements of the state, a public facility for police, sheriff, fire or other emergency medical services, or a hospital.

(Ord. No. 9-08, § 1, 3-17-08)

(a)

General. After considering the stage of water conservation, the type of mandatory limitations required for that stage, the anticipated quantity of water to be used and any other appropriate factors, the director may grant a variance that permits a user to use water in a manner that would otherwise be prohibited by a declaration then in effect, in the following circumstances:

(1)

A public or volunteer fire department during any training exercise reasonably necessary to maintain effective fire fighting capabilities.

(2)

A user undertaking an activity required by law.

(3)

Any user or other person proposing to eliminate or reduce unsanitary or unsafe conditions that pose a substantial risk of injury or disease.

(4)

During Stage 2, a user seeking to water, during specified hours and under special conditions for outdoor water use, a new lawn and/or newly landscaped area on the day of installation and thirty (30) days thereafter; and if requested and warranted, an additional thirty (30) days.

(5)

During Stage 3, a user seeking to water, during specified hours and under special conditions for outdoor water use, a new lawn and/or newly landscaped area that was installed prior to Stage 3, for a period of thirty (30) days. No new landscape installations installed after a Stage 3 declaration takes effect will be granted a variance.

(6)

Unusually severe circumstances that make it both appropriate and necessary to allow a water use that is otherwise prohibited.

(b)

Variance conditions. In granting a variance, the director may impose such conditions as the director determines are reasonably necessary to minimize any adverse effect the variance may have on the purposes or effects of the declaration.

(c)

Variance expiration. Any variance shall contain an expiration date at which time the variance shall no longer apply. In the event a variance is limited to a particular water conservation stage, then such variance shall automatically expire when the stage expires.

(Ord. No. 9-08, § 1, 3-17-08)

(a)

Violations. During the period that a declaration is in effect each of the following shall constitute a separate violation of this division and shall be unlawful:

(1)

Causing or contributing to a noncompliant water use;

(2)

Failure by any person causing or contributing to a noncompliant water use to immediately cause such noncompliant water use to cease upon notification by an enforcement team member that the noncompliant water use is prohibited; and

(3)

Failure by any person who owns, operates, or otherwise controls pipes, fixtures, or other plumbing to repair a leak in such pipes, fixtures, or other plumbing within five (5) calendar days of receiving notice from the director to repair the leak.

(b)

Separate violations. Each day that a violation of this division occurs shall constitute a separate violation. In addition, if a person, after receiving a citation pursuant to this division and ceasing such violation, resumes the violation on the same day, the resumption of the violation shall constitute an additional, separate violation.

(c)

Issuance of citations for violations. The director and enforcement team members, under the direction and supervision of the director, shall monitor compliance with a declaration and this division and shall issue written citations to any person who commits a violation identified by section 23-76(a)—(b). The manager is authorized to approve citation forms that may be used by enforcement team members for the issuance of citations. Citations may be issued without the use of such forms, but citations must be in writing and must reasonably identify the violation.

(d)

Enforcement actions. Any violation of this division may be enforced by the assessment of a civil penalty by the director as provided in this division, suspension of service, an action for injunction, order of abatement or other equitable relief, and by any and all other remedies authorized by law for noncompliance with municipal ordinances.

(e)

Civil penalties. Any person who commits a violation identified by section 23-76(a)—(b) or any person who otherwise causes or contributes to a violation of this division shall be subject to assessment by the director of a civil penalty and shall be required to pay to the city the amount of the civil penalty. Civil penalties shall be assessed and paid according to the following schedule of penalties:

Penalties for Violation of Stages 2A and 2B Mandatory Water Conservation Measures or Variances and for Other Violations of a Declaration or This Division Except Violation of Stages 3A, 3B, 4A, and 4B Mandatory Water Conservation Measures or Variances:

First violation .....$100.00

Second violation .....200.00

Third or subsequent violation .....300.00

Penalties for Violation of Stages 3A, 3B, 4A, and 4B Mandatory Water Conservation Measures or Variances:

First violation .....$200.00

Second violation .....400.00

Third or subsequent violation .....600.00

(f)

Assessment of civil penalties. A civil penalty assessment shall be in writing and shall describe the appeal rights of the person against whom the civil penalty is assessed.

(g)

Collection of civil penalty assessed against customers. No sooner than ten (10) days after receipt by a customer of written notice of a civil penalty assessment, or at the conclusion of any appeals, whichever is later, the assessment shall be added to the customer's water bill, shall be paid in the same manner as set forth in this chapter for the payment of water bills, and shall be subject to the same remedies available to the city for failure to timely pay a water bill.

(h)

Collection of civil penalty assessed against persons other than customers. No later than thirty (30) days after receipt by a person other than a customer of written notice of a civil penalty assessment or at the conclusion of any appeals, whichever is later, the amount assessed shall be paid to the city by the person responsible for payment of the civil penalty. If payment is not timely made, the city may use any and all of the remedies available to it pursuant to ordinance, statute, and common law for collection of the amount of the assessment.

(Ord. No. 9-08, § 1, 3-17-08)

(a)

Based on erroneous citation. A person assessed a civil penalty may appeal the assessment on the grounds that the citation on which the assessment was based was issued for circumstances that did not constitute an actual violation by delivering to the manager, no later than ten (10) days after receiving notice of the assessment, a completed notice of appeal of civil penalty assessment, which attaches a copy of the citation and provides all of the information indicated in a notice of appeal of civil penalty assessment form, as follows:

NOTICE OF APPEAL OF CIVIL PENALTY ASSESSMENT

Your Name:  _____

Date of citation for violating Water Shortage Response Procedures ordinance:  _____

Is a copy of the citation attached as required for this appeal?  _____

Date that you received notice of the civil penalty assessment:  _____

State your grounds for asserting that you did not violate the Water Shortage Response Procedures

Ordinance:  _____
  _____
  _____
  _____
  _____
  _____
  _____
(Attach pages if additional space needed)

Once an appeal is filed, the manager may modify or rescind the citation and the assessment if the manager determines that the citation on which the assessment was based was issued for circumstances that did not constitute an actual violation.

(b)

Based on other grounds. An appeal of a denial of an appeal pursuant to section 23-77(a) or an appeal of a civil penalty assessment on grounds other than the grounds provided in section 23-77(a) may only be made pursuant to section 5-1 of this Code.

(Ord. No. 9-08, § 1, 3-17-08)

A user whose service is suspended or who receives notice of suspension may appeal the suspension or notice of suspension pursuant to section 5-1 of this Code.

(Ord. No. 9-08, § 1, 3-17-08)

The use of water from sources other than the water system shall be subject to this division in the same manner as the use of water from the water system, except as follows:

(a)

Private wells. The use of water from private wells shall be subject to this division unless the use satisfies all of the following requirements:

(1)

Posting of sign. During the period that a declaration is in effect, there shall be conspicuously posted at the location of the private well water use a sign provided by the director for that purpose.

(2)

Verification. Upon request by an enforcement team member, any person claiming to be using water that is from a private well and not the water system shall demonstrate to the satisfaction of the enforcement team member that the water being used is from a private well and not the water system and shall fully cooperate with any enforcement team member in the sampling and analysis of the water being used.

(3)

Further restrictions. The manager may impose additional and further restrictions if the manager determines that conditions warrant such restrictions and provides to the private well user a written statement of the additional or further restrictions and of reasons for such restrictions.

(b)

Tanker service. The use of water delivered by a tanker service from a source other than the water system shall be subject to this division unless the use satisfies all of the following requirements:

(1)

Posting of sign. During the period that a declaration is in effect, there shall be conspicuously posted at the location of the water use a sign provided by the director for that purpose.

(2)

Verification. Upon request by an enforcement team member, any person claiming to be using water delivered by a tanker service from a source other than the water system shall provide documentation that demonstrates to the satisfaction of the enforcement team member all of the following regarding such water:

a.

Source other than the water system;

b.

Location, date, time, and volume of loading of tanker;

c.

Identity, street address, and telephone number of the tanker service that loaded and delivered the water and the identity of the tanker driver involved in the delivery; and

d.

Location, date, time, and volume of delivery.

(3)

Further restrictions. The manager may impose additional and further restrictions if the manager determines that conditions warrant such restrictions.

(Ord. No. 9-08, § 1, 3-17-08)

This division shall be binding upon and enforceable against, among others, all customers and users. This division shall be deemed to be incorporated in any and all contracts for water service to which the City of Statesville is a party. Compliance with this division and compliance with declarations pursuant to this division are and shall be a condition of service inside and outside the municipal limits for all customers, water corporations and units of government purchasing water from the city, and any other persons supplied water by the city. This section shall not narrow or limit and shall not be interpreted as narrowing or limiting the applicability of any section or provision of this division or any declaration pursuant to this division.

(Ord. No. 9-08, § 1, 3-17-08)

This article incorporates by reference the Unified Development Code (UDC). Any parts of Article 8, Section 8.03, Centralized Wastewater section of the UDC shall take precedence over this article in case of any conflicts.

(Ord. No. 25-12, 12-3-2012)

(a)

No person shall uncover the sanitary sewer for any purpose, or make any connection therewith, or open any manhole or flush tank, except with the permission of the director or his duly authorized representative.

(b)

No person shall do, or cause to be done, any injury to the wastewater treatment system or storm sewers.

(Ord. No. 25-12, 12-3-2012)

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or subsurface drainage into any sanitary sewer. No person shall connect or cause to be connected to the sanitary sewer system any pipe or conduit which will allow the discharge of the aforementioned inflow source into the sanitary sewer system.

(Ord. No. 25-12, 12-3-2012)

(a)

The sewer service charge shall be the charge levied on all users, including, but not limited to, persons who discharge, cause, or permit the discharge of sewage into the city's sanitary sewer facilities. The sewer service charge shall reflect the costs of operation and maintenance (including replacement) of the city's sanitary sewer facilities. Each user shall pay its proportionate share of operation and maintenance (including replacement) costs based on volume of flow and waste strength characteristics.

(b)

The city council shall review annually the sewage contributions of users, the total costs of operation and maintenance (including replacement) of the sanitary sewer facilities, and the sewer service charge system. The city council shall revise the sewer service charge, if necessary, to accomplish the following:

(1)

Maintain the proportionate distribution of operation and maintenance costs among users.

(2)

Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the sanitary sewer facilities.

(c)

All flow to the sanitary sewer facilities not directly attributable to the users (i.e., infiltration/inflow) shall be distributed among all users of the sanitary sewer facilities based upon the volume of flow of the users.

(d)

Each user shall be notified, at least annually, in conjunction with a regular bill, of the rates and that portion of the sewer service charge which is attributable to the operation and maintenance of the sanitary sewer facilities.

(Ord. No. 25-12, 12-3-2012)

(a)

There shall be levied a sewer service charge against all users located inside the city limits, discharging domestic and industrial wastewater into the municipal sanitary sewer system, such charge to be computed in such manner and at a rate as may be fixed by the city council from time to time.

(b)

In the event city water service is not available and as a result a person located within the city limits obtains water from another public water provider or has an individual water supply system and uses no city water, the city shall require the person to have installed, at no expense to the city, a suitable water meter on the individual water supply system. The monthly sewer service charge to the person shall be based on the reading of the meter and computed at the regular rate for sewer service charges.

(c)

In lieu of installing a water meter on the water service connection or individual water supply system as required in subsection (b), a single-family dwelling that uses no city water shall pay a flat rate for the privilege of discharging wastewater into the sanitary sewer system. Commercial and industrial customers who use no city water may elect to pay a flat rate for the privilege of discharging wastewater into the sanitary sewer system. The flat rate for sewer charge under the provisions of this subsection shall be established from time to time by the city council. The regular published rate is available at city hall, and same shall be furnished consumers upon request.

(d)

In lieu of installing a water meter on the water service connection or individual water supply system as required in subsection (b), a user shall have the privilege of installing, at no expense to the city, suitable measuring equipment to measure the wastewater discharged into the sanitary sewer. The monthly sewer service charge to such user shall be computed by applying the total amount of wastewater discharged into the sanitary sewer as measured by the above-mentioned measuring equipment to the regular rate, for inside sewer service charges.

(e)

In lieu of paying a flat rate as described in subsection (c), a single-family dwelling may install, at no expense to the city, a water meter on their water supply connection or suitable measuring equipment to measure the wastewater discharged into the sanitary sewer. Such installations shall require prior approval from the public utilities director, who will determine whether the proposed installation is compatible with the meter reading technology utilized by the city at the time of the request and, where applicable, approval has been granted in writing by their water provider.

(f)

If, in the opinion of the city council, there proves to be inequities in the levies made against some person located within the city limits by virtue of using a large amount of metered water but discharging only a small portion of the metered water into the sanitary sewer, the council may approve the installation of suitable measuring equipment by the aggrieved person, at no expense to the city, to measure the wastewater discharged into the sanitary sewer. The monthly sewer service charge to such a user shall be computed by applying the total amount of wastewater discharged into the sanitary sewer system, as measured by the above-mentioned measuring equipment, to the regular rate.

(Ord. No. 25-12, 12-3-2012; Ord. No. 37-21, 7-19-2021)

(a)

There shall be levied a sewer service charge against all users located outside the city limits discharging domestic and industrial wastes into the municipal sanitary sewer service system.

(b)

In the event a person located outside the city limits obtains water from another public water provider or has an individual water supply system and uses no city water, or only a small amount of water, as metered by the municipal water meter, the city shall require the person to have installed, at no expense to the city, a suitable water meter on the individual water supply system and the monthly sewer service charge to such person shall be based on the reading of the one (1) meter or the combined totals of the two (2) meters, as the case may be, computed by applying the total amount of wastewater discharged into the sanitary sewer system, as measured by the above-mentioned measuring equipment to the regular rate for sewer service charges to the person.

(c)

In lieu of installing a water meter on the water service connection or individual water supply system as required in subsection (b), a single-family dwelling that uses no city water shall pay a flat rate for the privilege of discharging wastewater into the sanitary sewer system. Commercial and industrial customers who use no city water may elect to pay a flat rate for the privilege of discharging wastewater into the sanitary sewer system. The flat rate for sewer charge under the provisions of this subsection shall be established from time to time by the city council. The regular published rate is available at city hall, and same shall be furnished consumers upon request.

(d)

In lieu of installing a water meter on the water service connection or individual water supply system as required in subsection (b), such person shall have the privilege of installing, at no expense to the city, suitable measuring equipment to measure the wastes discharged into the sanitary sewer system and the monthly sewer service charge to such person shall be computed as follows: The city's regular rate for sewer service charges outside the city limits shall be applied to the total amount of wastewater discharged into the sanitary sewer system, as measured by the above-required measuring equipment, and the city's applicable rate, as determined above, shall be levied as a sewer service charge.

(e)

In lieu of paying a flat rate as described in subsection (c), a single-family dwelling may install, at no expense to the city, a water meter on their water supply connection or suitable measuring equipment to measure the wastewater discharged into the sanitary sewer. Such installations shall require prior approval from the public utilities director, who will determine whether the proposed installation is compatible with the meter reading technology utilized by the city at the time of the request and, where applicable, approval has been granted in writing by their water provider.

(f)

If, in the opinion of the council, there appear to be inequities in the levies made against a person located outside the city limits by virtue of using a large amount of metered water, but discharging only a small portion of the metered water into the sanitary sewer system, the council may approve the installation of suitable measuring equipment by the aggrieved person, at no expense to the city, and measure the waste discharged into the sanitary sewer system. The monthly sewer service charge to a person electing to install suitable equipment for measuring the water shall be computed by applying the city's regular rates for supplying sewer service outside the city limits to the total amount of wastewater discharged into the sanitary sewer system, as measured by the above-mentioned measuring equipment.

(Ord. No. 25-12, 12-3-2012; Ord. No. 37-21, 7-19-2021)

(a)

There shall be levied a sewer service charge against all bulk municipal users located outside the city limits, discharging domestic and industrial wastewater into the city's sanitary sewer system, such charge to be computed in such manner and at a rate as may be fixed by the city council from time to time.

(b)

The bulk municipal user shall provide, at no expense to the city, suitable measuring equipment at appropriate locations to measure the wastewater discharged into the sanitary sewer.

(c)

The monthly sewer service charge to such user shall be computed by applying the total amount of wastewater discharged into the sanitary sewer, as measured by the abovementioned measuring equipment, to the rate as determined by city council or any other equitable methods of measurement and computation as determined by city council.

(Ord. No. 25-12, 12-3-2012)

Any person who wishes to drill a well for water shall apply to the city engineer for a permit for which there shall be no charge.

(Ord. No. 25-12, 12-3-2012)

This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Statesville, hereafter referred to as the City of Statesville, and enables the City of Statesville to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403).

The objectives of this article are:

(1)

To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2)

To prevent the introduction of pollutants and wastewater discharges into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the state or otherwise be incompatible with the system;

(3)

To promote reuse and recycling of industrial wastewater and sludges from the municipal system;

(4)

To protect municipal personnel who may be affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public;

(5)

To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and

(6)

To ensure that the municipality complies with NPDES or non-discharge permit conditions, sludge use and disposal requirements and any other federal or state laws to which the municipal wastewater system is subject.

This article provides for the regulation of direct and indirect contributors to the municipal wastewater system, through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, and through the negotiation of interlocal agreements with bulk municipal users authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

This article shall apply to all users of the municipal wastewater system as authorized by NCGS 160A-312 and 153A-275. The City of Statesville shall designate an administrator of the POTW and pretreatment program hereafter referred to as the POTW director. Except as otherwise provided herein, the POTW director shall administer, implement and enforce the provisions of this article. Any powers granted to or imposed upon the POTW director may be delegated by the POTW director to other city personnel.

By discharging wastewater into the City of Statesville wastewater system, industrial users located outside the City of Statesville limits agree to comply with the terms and conditions established in this article, as well as any permits, agreements, enforcement actions or orders issued hereunder.

(Ord. No. 25-12, 12-3-2012)

(a)

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

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.

Approval authority. The Director of the Division of Water Quality of the North Carolina Department of Environment and Natural Resources or his designee.

Authorized representative of the industrial user.

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

(2)

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

(3)

If the industrial user is a federal, state or local government facility 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, or their designee.

(4)

The individuals described in paragraphs (1) through (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 written authorization is submitted to the City of Statesville.

(5)

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

Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees Celsius usually expressed as a concentration (e.g., mg/l).

Building sewer. A sewer conveying wastewater from the premises of a user to the POTW.

Bulk municipal user. An entity such as a municipality, governmental body or sanitary sewer district located outside the city limits proposing to discharge domestic and non-domestic wastewater to the City of Statesville sanitary sewer system.

Bypass. The intentional diversion of wastestreams from any portion of a user's treatment facility.

Categorical standards. National Categorical Pretreatment Standards or pretreatment standard.

Chemical oxygen demand (COD). The quantity of equivalent oxygen utilized in the chemical oxidation of organic matter as measured by standard laboratory methods, as set out herein, usually expressed as a concentration (e.g., mg/l).

Color. The true color due to substances in solution which cause any variation in hue of the receiving stream.

Compatible pollutant. BOD, suspended solids, pH and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in the city's NPDES permit for its wastewater treatment works where the works have been designed and used to reduce or remove such.

Control authority. Refers to the POTW organization if the POTW organization's pretreatment program approval has not been withdrawn.

Domestic wastes. Liquid wastes:

(1)

From the noncommercial preparation, cooking and handling of food;

(2)

Containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

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.

Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.

Grab sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Holding tank waste. Any waste from holding tanks including, but not limited to, such as holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.

Incompatible pollutant. Any pollutant which is not a compatible pollutant.

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 POTW (including holding tank waste discharge into the system).

Industrial user or user. Any person which is a source of indirect discharge.

Industrial wastewater. The liquid wastes from industrial, trade or business establishments, as distinct from domestic wastes.

Infiltration. The water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.

Inflow. The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.

Interference. The inhibition or disruption of the POTW collection system treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the control authority's (and/or POTW's, if different from the control authority), NPDES, collection system, or non-discharge 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 POTW 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 (SDWA) (42 U.S.C. § 6901 et seq.), 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 of use employed by the POTW.

Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

National Categorical Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405—471.

National Pollution Discharge Elimination System or NPDES permit. 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 EPA.

National Prohibitive Discharge Standard or prohibitive discharge standard. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 2-183 of this article and are developed under the authority of [section] 307(b) of the Act and 40 CFR, Section 403.5.

New source.

(1)

Any building structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307(c), provided that:

a.

The building, structure, facility, or installation is constructed at a site which no other source is located; or

b.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2)

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subparagraph (1)b. or c. above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

For purposes of this definition, construction of a new source has commenced if their 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; or

2.

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which are necessary for the placement, assembly, or installation of new source facilities or equipment; or

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.

NH₃ (Nitrogen as ammonia). The initial product in the decomposition of nitrogenous organic matter as measured by using standard laboratory methods, as set out herein, expressed in milligrams per liter.

Non-contact cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Non-discharge permit. A permit issued by the state pursuant to G.S. 143-215.1(d) for a waste which is not discharged directly to surface waters of the state or for a wastewater treatment works which does not discharge directly to surface waters of the state.

Pass-through. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation including an increase in the magnitude or duration of a violation, of the control authority's (and/or POTW's, if different from the control authority) NPDES collection system.

Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state, and local government entities.

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

Pollutant. Any "waste" as defined in G.S. 143-213(18) and dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

POTW director. The chief administrative officer of the control authority or his/her delegate.

POTW treatment plant. That portion of the POTW designed to provide treatment to wastewater.

Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW collection system and/or treatment plant. The reduction or alteration may be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR Part 403.6(d).

Pretreatment program. The program for the control of pollutants introduced into the POTW from non-domestic sources which was developed by the City of Statesville 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 requirements. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard.

Pretreatment standards. Any prohibited discharge standards, categorical standards, or local limit which applies to an industrial user.

Publicly owned treatment works (POTW) or municipal wastewater system. A treatment works as defined by section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City of Statesville. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the POTW treatment plant. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City of Statesville who are by contract or agreement with the City of Statesville, or in any other way, users of the City of Statesville's POTW.

Receiving stream. A body of water, stream or watercourse receiving or formed by the discharge of waters from the waste treatment plant.

Sanitary sewer. A sewer intended to receive domestic sewage and industrial waste, except that of the type expressly prohibited by this article, without the admixture of surface water and stormwater.

Severe property damage. Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Significant industrial user or SIU. An industrial user that discharges wastewater into a publicly owned treatment works and that:

(1)

Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown).

(2)

Contributes process wastewater which makes up five (5) percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS, and ammonia; or

(3)

Is subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR Chapter I, Subchapter N, Parts 405—417; or

(4)

Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation, or for violating any pretreatment standard or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for limiting the POTW's sludge disposal options.

(5)

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraphs (1) and (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, or for contributing to violations of the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or for contributing violations of the POTW's receiving stream standard, or for limiting the POTW's sludge disposal options, and thus is not a significant industrial user.

(6)

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (3) above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user.

(7)

Subject to division approval under 15A NCAC 02H .0907(b), the control authority may determine that an industrial user meeting the criteria in paragraph (3) above meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a middle tier significant industrial user. Sampling and inspection requirements may be cut in half as per 40 CFR Parts 403.8(f)(2)(v)(C) and 403.12(e)(3).

Significant noncompliance or SNC. A status of noncompliance of a significant industrial user when one (1) or more of the following criteria are met. Additionally, an industrial user which meets the criteria shall also be SNC.

(1)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measurement taken for the same pollutant parameter (not including flow) during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l).

(2)

Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS, fats, oil and grease, 1.2 for all other pollutants (except flow and pH)).

(3)

Any other violation of a pretreatment standard or requirement as defined by 40 CFR Part 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority and/or POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public); (any discharge of a pollutant or wastewater that has caused imminent endangerment to human health, welfare or to the environment or has resulted in either the control authority's or the POTW's, if different from the control authority, exercise of its emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B) and subsection 23-219(e).

(4)

Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date.

(5)

Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, ninety-day compliance reports and periodic compliance reports within thirty (30) days from the due date.

(6)

Failure to accurately report noncompliance.

(7)

Any other violation or group of violations that the control authority and/or POTW determine will adversely affect the operation or implementation of the local pretreatment program.

Slug load or discharge. Any discharge at a flow rate or concentration which has a responsible potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits, or industrial user permit conditions. This can include but is not limited to spill and other accidental discharges; discharges of a non-routine, episodic nature; a non-customary batch discharges; or any other discharges that can cause a violation of the prohibited discharge standards in section 23-183 of this article.

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

Stormwater. Any flow occurring during or following any form of natural precipitation and resulting there from.

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

Upset. An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities lack of preventive maintenance, or careless or improper operation.

Wastewater. 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, which is contributed into or permitted to enter the POTW.

Wastewater permit. As set forth in section 23-203 of this article.

Waters of the state. All streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.

(b)

This article is gender neutral and the masculine gender shall include the feminine and vice-versa.

(c)

Shall is mandatory; may is permissive or discretionary.

(d)

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.

(e)

The following abbreviations shall have the designated meanings:

(1)

BOD—Biochemical oxygen demand.

(2)

CFR—Code of Federal Regulations.

(3)

COD—Chemical oxygen demand.

(4)

EPA—Environmental Protection Agency.

(5)

gpd—Gallons per day.

(6)

l—Liter.

(7)

mg—Milligrams.

(8)

mg/l—Milligrams per liter.

(9)

N.C.G.S. [or G.S.]—North Carolina General Statutes.

(10)

NPDES—National Pollution Discharge Elimination System.

(11)

O&M—Operation and maintenance.

(12)

POTW—Publicly-owned treatment works.

(13)

RCRA—Resource Conservation and Recovery Act.

(14)

SIC—Standard industrial classification.

(15)

SWDA—Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.

(16)

TSS—Total suspended solids.

(17)

TKN—Total Kjeldahl nitrogen.

(18)

U.S.C.—United States Code.

(Ord. No. 25-12, 12-3-2012)

(a)

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

(b)

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

(1)

Pollutants which create a fire or explosive hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using the test methods specified in 40 CFR 261.21.

(2)

Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half (½) inch in any dimension.

(3)

Total fat, wax, grease or oil concentration of more than two hundred (200) mg/l, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (zero and sixty-five (65) degrees Celsius) at the point of discharge into the system.

(4)

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

(5)

Any wastewater which will cause corrosion or deterioration of the wastewater treatment system. All wastewater discharged to the wastewater treatment system must have a pH value in the range of five (5) to eleven (11) standard units.

(6)

Any wastewater containing pollutants including oxygen-demanding pollutants, (BOD, etc.) in sufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW.

(7)

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

(8)

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

(9)

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

(10)

Any wastewater having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-six (66) degrees Celsius) or which will inhibit biological activity in the POTW treatment plant resulting in interference but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius).

(11)

Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW director in compliance with applicable state or federal regulations.

(12)

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

(13)

Any trucked or hauled pollutants, except at discharge points designated by the POTW director in accordance with section 23-191 of this article.

(14)

Fats, oils, or greases of animal or vegetable origin in concentrations greater than two hundred (200) mg/l.

(15)

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

(16)

Any medical wastes, except as specifically authorized by the POTW director in a wastewater discharge permit.

(17)

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

(18)

Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer except as may be specifically authorized by the POTW director.

(19)

Any wastewater causing the treatment plant effluent to violate state water quality standards for toxic substances as described in 15A NCAC 2B .0200.

(20)

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

(21)

Recognizable portions of the human or animal anatomy.

(22)

Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the municipal wastewater system.

(23)

Any wastewater that constitutes a slug load.

(24)

Any toxic substances in amounts exceeding standards promulgated by the administrator of the United States Environmental Protection Agency pursuant to section 307(a) of the Federal Water Pollution Control Act Amendments of 1972, P.L. 92-500, and chemical elements or compounds, phenols or other taste- or odor-producing substances, or any other substances which are not susceptible to treatment which may interfere with the biological processes or efficiency of the wastewater treatment system, or that will pass through the system.

(25)

Any clothing, rags, textile remnants or waste, cloth, scraps, except fibers of scrap that will pass through a one-fourth-inch mesh screen or its equivalent in screening ability.

(26)

Any waters or wastes in which the total fixed solids exceed one thousand five hundred (1,500) ppm by weight.

(27)

At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter.

(28)

Stormwater, surface water, ground water, artesian well water, roof run off, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted industrial wastewater, unless specifically authorized by the POTW director.

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

(c)

When the POTW director determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts which may cause or contribute to interference of POTW operation or pass-through, the POTW director shall:

(1)

Advise the user(s) of the potential impact of the contribution on the POTW in accordance with section 23-217; and

(2)

Take appropriate actions in accordance with subdivision IV of this article for such user to protect the POTW from interference or pass-through.

(Ord. No. 25-12, 12-3-2012)

Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR Chapter 1, Subchapter N, Parts 405—471 and incorporated herein.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

A user may request a removal credit adjustment to a categorical standard in accordance with 40 CFR 403.7.

(Ord. No. 25-12, 12-3-2012)

An industrial waste survey is required prior to a user discharging wastewater containing in excess of the following average discharge limits.

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

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

(Ord. No. 25-12, 12-3-2012)

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.

(Ord. No. 25-12, 12-3-2012)

The city reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives presented in section 23-181 of this article or the general and specific prohibitions in section 23-183 of this article, as is allowed by 40 CFR 403.4.

(Ord. No. 25-12, 12-3-2012)

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the City of Statesville or state.

(Ord. No. 25-12, 12-3-2012)

(a)

Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this article and wastewater permits issued under section 23-200 of this article and shall achieve compliance with all National Categorical Pretreatment Standards, local limits and the prohibitions set out in section 23-183 of this article within the time limitations as specified by EPA, the state, or the POTW director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be approved by the POTW director before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the POTW director prior to the user's initiation of the changes.

(b)

Additional pretreatment measures.

(1)

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

(2)

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

(3)

Grease, oil and sand interceptors shall be provided when, in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the POTW director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense.

Oil and grease interceptors shall be required for all food preparatory businesses that discharge to the City of Statesville. All existing food preparatory businesses that do not have an oil and grease interceptor and that are able to maintain compliance with the two hundred (200) mg/l limit may be exempted from installing an oil and grease interceptor by the director or his designee. All interceptors shall be properly sized to handle excessive amounts of oil and grease. All interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at the user's expense. All food preparatory businesses are subject to being sampled semi-annually, by the city, for oil and grease content. The result shall not exceed two hundred (200) mg/l. If the content exceeds the two hundred (200) mg/l limit, enforcement action can be taken in accordance with the city's enforcement response plan.

(4)

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

(Ord. No. 25-12, 12-3-2012)

(a)

The POTW director shall evaluate whether each significant industrial user needs a plan or other action to control and prevent slug discharges and accidental discharges as defined in subsection 23-182(a). All SIUs must be evaluated within one (1) year of being designated an SIU. The POTW director may require any user to develop, submit for approval, and implement such a plan or other specific action. Alternatively, the POTW director may develop such a plan for any user.

(b)

All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load. Also see sections 23-205 and 23-206.

(c)

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

(1)

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

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the POTW director of any accidental or slug discharge, as required by section 23-206 of this article; and

(4)

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

(Ord. No. 25-12, 12-3-2012)

(a)

Septic tank waste may be introduced into the POTW only at locations designated by the POTW director and at such times as are established by the POTW director. Such waste shall not violate subdivision II of this article or any other requirements established by the City of Statesville. The POTW director may require septic tank waste and domestic waste haulers to obtain wastewater discharge permits.

(b)

The POTW director shall require haulers of industrial waste domestic waste to obtain wastewater discharge permits. The POTW director may require generators of hauled industrial waste and domestic waste to obtain wastewater discharge permits. The POTW director also may prohibit the disposal of hauled industrial waste and domestic waste. The discharge of hauled industrial waste and domestic are subject to all other requirements of this article.

(c)

Industrial waste and domestic haulers may discharge loads only at locations designated by the POTW director. No load may be discharged without prior consent of the POTW director. The POTW director may collect samples of each hauled load to ensure compliance with applicable standards. The POTW director may require the industrial waste and domestic waste haulers to provide a waste analysis of any load prior to discharge.

(d)

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

(Ord. No. 25-12, 12-3-2012)

Nothing in this article shall be construed as preventing any special agreement or arrangement between the City of Statesville and any user of the wastewater treatment system pursuant to which wastewater of unusual strength or character is accepted into the system and specially treated subject to any payments or user charges as may be applicable; however, any such agreement or arrangement shall not be less stringent than any applicable federal pretreatment standard, state requirements and regulations, or categorical regulation pursuant to section 307 of the Clean Water Act.

(Ord. No. 25-12, 12-3-2012)

(a)

Regulatory actions. If wastewaters containing any substance described in subdivision II of this article are discharged or proposed to be discharged into the wastewater treatment system of the City of Statesville or to any sewer system tributary there to, the director may take any action necessary to:

(1)

Prohibit the discharge of such wastewater.

(2)

Require a user to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this article.

(3)

Require pretreatment, including storage facilities, or flow equalization, necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will not violate this article.

(4)

Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred for handling and treating excess loads imposed on the wastewater treatment system.

(5)

Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this article.

(b)

Submission of plans. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications, and other pertinent data or information relating to such pretreatment or flow-control facilities shall first be submitted to the director for review and approval. Such approval shall not exempt the discharge of such facilities from compliance with any applicable code, article, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without due notice to and prior approval of, the director.

(c)

Pretreatment facilities operations. If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the user at his own cost and expense, subject to the requirements of this article and all other applicable codes, articles, and laws.

(d)

Admission to property. Whenever it shall be necessary for the purposes of these rules and regulations, the director or designated representative, upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of:

(1)

Copying any records required to be kept under the provisions of this article;

(2)

Inspecting any monitoring equipment or method;

(3)

Sampling any discharge of wastewater to the treatment works.

The director or designated representative may enter upon the property at any hour under emergency circumstances.

(e)

Protection from accidental discharge. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the director for review and shall be approved by him before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this article.

(f)

Reports of accidental discharge. If, for any reason, a user does not comply with or will be unable to comply with any prohibition or limitation in this article, the user responsible for such discharge shall immediately notify the director so that the corrective action may be taken to protect the wastewater treatment system. In addition, a written report addressed to the director detailing the date, time and cause of the discharge, and corrective action taken to prevent future discharges, shall be filed by the responsible user within five (5) days of the occurrence of the non-complying discharge.

(Ord. No. 25-12, 12-3-2012)

(a)

The volume of flow used in computing industrial wastewater surcharges shall be based upon metered water consumption as shown in the records of meter reading maintained by the City of Statesville Finance Department. If a person discharging wastes into the sanitary sewer system produces evidence to the director that more than ten (10) percent of the total annual volume of water used for all purposes does not reach the City of Statesville sanitary sewer, an estimated percentage of total water consumption to be used in computing charges may be agreed upon between the director and the person discharging industrial wastes into the sewer.

(b)

Where the person discharging industrial wastewater into the sanitary sewers procures all or part of his water supply from sources other than the City of Statesville, all or part of which is discharged into the sanitary sewer, the person discharging the wastewater shall install and maintain, at his expense, water meters of a type approved by the director for the purpose of determining the actual volume flow.

(c)

In order to control the excessive discharge of other than city-supplied water to the sewer system, a fixed ratio between metered city water and the discharge to the sewer system may be established by the director for those persons using other than city-supplied water as part of their water supply. Any additional discharge to the sewer system which causes this ratio to change may be used as a basis for an additional surcharge. For persons connected to the sewer system on the effective date of Ordinance No. 25-12 [Dec. 3, 2013], this fixed ratio shall be that ratio which exists on that date; for persons proposing to connect to the sewer system, the ratio shall be fixed as of the date of the connection; in either instance, the ratio shall be determined on an individual basis by the director.

(Ord. No. 25-12, 12-3-2012)

(a)

The industrial wastewater of each user shall be subject to periodic inspection, and a determination of the character and concentration of the wastewater shall be made quarterly or more often as may be deemed necessary by the director or his duly appointed representatives.

(b)

Samples shall be collected in such a manner as to be representative of the actual quality of the wastewater. The laboratory methods used in the examination of the wastewater shall be those as set forth in Standard Methods for the Examination of Water and Sewage, as published by the American Public Health Association; the latest published edition shall be used, a copy of which is on file in the office of the city clerk for public inspection, such methods being incorporated herein by reference.

(c)

The determination of the character and concentration of the industrial wastewater by the director or his duly appointed representatives shall be binding as a basis for charges.

(d)

Total costs incident to the supervision, inspection, sampling and analyzing of wastewater shall be included in the surcharge made to persons discharging wastewater into the sanitary sewers.

(Ord. No. 25-12, 12-3-2012)

(a)

Users discharging industrial wastewater into the sanitary sewer shall pay a surcharge amounting to the costs enumerated in subsection (b) below for treating all wastewater having a COD in excess of seven hundred (700) ppm, a suspended solids concentration in excess of three hundred (300) ppm, or an NH ₃ in excess of twenty-five (25) ppm by weight. This surcharge shall be in addition to any existing sewer service charge, and is based on the quarterly monitoring sample.

(b)

The surcharge shall be computed as follows:

(1)

When the concentration of COD, suspended solids or NH ₃ in the industrial waste discharge to the city's sanitary sewers exceeds the prescribed limits, a monthly surcharge shall be imposed upon the offending industrial user's sewage flow when the excess is calculated using the industrial plant water flow and the difference between the actual COD, suspended solids or NH ₃ concentration and the permissible limits of seven hundred (700) mg/l, three hundred (300) mg/l and twenty-five (25) mg/l respectively.

(2)

The sewer surcharge for the following fiscal year shall be established by the director as soon as possible after the fiscal year audit. This surcharge shall be invoked as herein provided in addition to the existing regular sewer service charge. The surcharge shall reflect the total cost of treating the excess pounds of industrial waste including necessary cost of administration of the sewage plant and this article. The method used to determine the surcharge amount shall consist of dividing the total audited budget cost for operating each component of the city's sewage treatment plant which is affected by COD, suspended solids or NH ₃ , including the applicable administrative and plant debt service, for the preceding fiscal year, by the total pounds of COD, suspended solids or NH ₃ removed by the wastewater treatment system during the preceding fiscal year.

(c)

Industrial users shall be mailed a bill showing the amounts of the combined surcharge and date on which payment is due. Failure to receive a bill shall not excuse nonpayment of the same.

(d)

Surcharge bills for city water users remaining unpaid within thirty (30) days of the date of billing shall be delinquent. A notice shall be mailed to the user informing him of the delinquent status of his account, and if, after five (5) days from the date of mailing such notice the bill remains unpaid, the water connection serving the user will be severed and shall not be turned back on until the bill is paid.

(e)

Surcharge bills for a user having a private water supply remaining unpaid within thirty (30) days of the date of billing shall be delinquent. A notice shall be mailed to the user informing him of the delinquent status of his account and if, after five (5) days from the date of mailing the notice the bill remains unpaid, the user's connection with the wastewater treatment system will be severed and will only be reconnected at the user's expense and upon payment of all charges due. Upon the severing of the connection with the sanitary sewer, the director shall notify the state division of water quality of his action and the resulting possibility of a discharge to the surface waters of the state.

(Ord. No. 25-12, 12-3-2012)

(a)

Discharge reports.

(1)

Every significant industrial user shall file a periodic discharge report at such intervals as are designated by the director. The director may require any other industrial user system to file a discharge report.

(2)

The discharge report shall include the nature of the user's process, volume of wastewater and rates of flow thereof, mass emission rate, production quantities, hours of plant operation concentrations of controlled pollutants and such other information as may be requested by the director. Additionally, the director may require information in the form of an industrial discharge permit application and self-monitoring reports.

(b)

Records and monitoring.

(1)

All industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this article and any applicable state or federal pretreatment standards or requirements. Such records relating to compliance with pretreatment standards shall be made available upon request by the director. All such records relating to compliance with pretreatment standards shall be made available to officials of the United States Environmental Protection Agency and state upon demand.

(2)

Each industrial user shall install, at his own cost and expense, suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastewater. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.

(3)

The monitoring equipment shall be located and maintained on the industrial user's premises. When such a location would be impractical or cause undue hardship on the user, the director may allow such facility to be constructed in a sidewalk, with the approval of the public agency having jurisdiction over such sidewalk, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles.

(4)

When more than one (1) user discharges into a common sanitary sewer, the director may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the director may require that separate monitoring facilities be installed for each separated discharge.

(5)

The monitoring facilities shall be constructed in accordance with the director's requirements and all applicable construction standards and specifications.

(c)

Inspection, sampling and analysis.

(1)

Compliance determinations with respect to subdivision II of this article, prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty-four-hour period, or over a longer or shorter time span, as determined necessary by the director to meet the needs of specific circumstances.

(2)

Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of Standard Methods, Methods for Chemical Analysis of Water and Waste, published by the United States Environmental Protection Agency or the Annual Book of Standards, Part 23, Water, Atmospheric Analysis, published by the American Society for Testing and Materials.

(3)

Sampling of industrial wastewater for the purpose of compliance determination with respect to subdivision II of this article, prohibitions and limitations will be done at such intervals as the director may designate. However, it is the intention of the director to conduct compliance sampling or to cause such sampling to be conducted for all major contributing industries at least once every three (3) months.

(Ord. No. 25-12, 12-3-2012)

Total costs incident to the supervision, inspection and sampling of wastes shall be included in the charge made to industries or businesses discharging wastes into the City of Statesville sanitary sewers. Industries subject to the pretreatment program shall pay applicable permit application fees and annual permit fees as approved by city council. Industries subject to the pretreatment program shall pay for any and all pretreatment analyses performed by the city utilizing a current fee schedule adopted by the city council and available from the water/wastewater treatment department. Analyses which are performed by private laboratories shall be paid for by the applicable industrial user.

(1)

Reimbursement of costs of setting up and operating the pretreatment program;

(2)

Monitoring, inspections and surveillance procedures;

(3)

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

(4)

Permitting;

(5)

Other fees as the City of Statesville may deem necessary to carry out the requirements of the pretreatment program.

(Ord. No. 25-12, 12-3-2012)

(a)

All bulk municipal users desiring to discharge sewage to the city sanitary system shall enter into an interlocal agreement with the city.

(b)

All bulk municipal users shall adopt and enforce a sewer use article as agreed to by the city that is no less stringent than the City of Statesville. Said article shall also be revised in accordance with any future revisions to the City of Statesville's sewer use article within ninety (90) calendar days of notification by the city of approval by city council.

(c)

The interlocal agreement may, at the discretion of the city council, require the bulk municipal user to pay a service availability charge for a guaranteed allocation of wastewater flow. The service availability charge may be calculated based on the present worth of the wastewater facilities and the proportionate amount of flow allocated.

(Ord. No. 25-12, 12-3-2012)

(a)

The volume of flow used in computing municipal wastewater charges and surcharges shall be based upon metered wastewater flow or any other equitable method of measurement as determined by city council as shown in the records of meter reading maintained by the city finance department.

(b)

In the case of meter equipment failure, wastewater flow shall be calculated on the basis of the average flow for the previous twelve (12) months until such failure is remedied.

(c)

The bulk municipal users' discharge shall not contain excessive amounts of stormwater or surface drainage, as determined by the City of Statesville. The bulk municipal users shall adopt and implement a program to exclude such stormwaters and surface drainage from the City of Statesville sanitary sewers and such program shall be subject to the city's approval on an annual basis.

(Ord. No. 25-12, 12-3-2012)

(a)

The wastewater of each bulk municipal user shall be subject to periodic inspection, and a determination of the character and concentration of the wastewater shall be made quarterly or more often as may be deemed necessary by the director or his duly appointed representatives.

(b)

Samples shall be collected in such a manner as to be representative of the actual quality of the wastewater. The laboratory methods used in the examination of the wastewater shall be those as set forth in Standard Methods for the Examination of Water and Sewage, as published by the American Public Health Association; the latest published edition shall be used, a copy of which is on file in the office of the city clerk for public inspection, such methods being incorporated herein by reference.

(c)

The determination of the character and concentration of the bulk municipal wastewater by the POTW director or his duly appointed representatives shall be binding as a basis for charges.

(d)

The total costs incident to the supervision, inspection, sampling and analyzing of wastewater can, at the discretion of the POTW director, be collected in addition to the surcharge made to the bulk municipal user discharging wastewater into the sanitary sewers. The schedule of fees shall be as referenced in subdivision III, section 23-198, of this article.

(Ord. No. 25-12, 12-3-2012)

(a)

Bulk municipal users discharging wastewater into the sanitary sewer shall pay a surcharge amounting to the costs enumerated in subsection (b) below for treating all wastewater having a COD in excess of seven hundred (700) ppm, a suspended solids concentration in excess of three hundred (300) ppm, or an NH ₃ in excess of twenty-five (25) ppm, by weight. This surcharge shall be in addition to any existing sewer service charge.

(b)

The surcharge shall be computed as follows:

(1)

When the concentration of COD, suspended solids or NH ₃ in the bulk municipal user's discharge to the city's sanitary sewer exceeds the prescribed limits, a monthly surcharge shall be imposed upon the offending bulk municipal user's sewage flow when the excess is calculated using the metered wastewater flow and the difference between the actual COD, suspended solids or NH ₃ concentration and the permissible limits of seven hundred (700) mg/l, three hundred (300) mg/l, and twenty-five (25) mg/l respectively.

(2)

The sewer surcharge for the following fiscal year shall be established by the director as soon as possible after the fiscal year audit. This surcharge shall be invoked as herein provided in addition to the existing regular sewer service charge. The surcharge shall reflect the total cost of treating the excess pounds of waste including necessary cost of administration of the sewage plant and this article. The method used to determine the surcharge amount shall consist of dividing the total audited budget cost for operating each component of the city's sewage treatment plant which is affected by COD, suspended solids or NH ₃ removed by the wastewater treatment system during the preceding fiscal year. This surcharge shall be based on the previous quarter's sampling results.

(c)

Bulk municipal users shall be mailed a bill showing the amounts of the combined surcharge and date on which payment is due. Failure to receive a bill shall not excuse nonpayment of the same.

(d)

Surcharge bills for bulk municipal users remaining unpaid within thirty (30) days of the date of billing shall be delinquent. A notice shall be mailed to the user informing the municipality of the delinquent status of the account and if, after five (5) days from the date of mailing such notice, the bill remains unpaid, the city shall have the right to suspend wastewater service until the bill is paid. The POTW director shall notify the state division of water quality of his action and the resulting possibility of a discharge to the surface waters of the state.

(e)

If, at any time, the total flow amounts from the point(s) of delivery combined shall exceed the maximum daily flow allocations as stated in the interlocal agreement, in addition to all other rates, fees and charges the bulk municipal user shall pay to City of Statesville a penalty per one thousand (1,000) gallons or one hundred (100) cubic feet that equals one hundred (100) percent the rate being charged at the time for all flow amounts that exceed the maximum daily allocation. The city shall also have the right to charge the bulk municipal discharger a penalty that equals one hundred (100) percent the rate being charged for any flows that exceed the maximum instantaneous rate as defined within the interlocal agreement when the maximum daily flow allocation is exceeded.

(Ord. No. 25-12, 12-3-2012)

(a)

Records and monitoring.

(1)

All bulk municipal users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of sanitary sewer collection system maintenance as are necessary to demonstrate compliance with the requirements of this article and any applicable state or federal standard or requirement. Such records relating to compliance with sanitary sewer collection system standards shall be made available upon request by the director. All such records relating to compliance with standards shall be made available to officials of the Untied States Environmental Protection Agency and state upon demand.

(2)

Each bulk municipal user shall install, at his own cost and expense, metering and sampling facilities in such a manner as to ensure accurate measurement of flow and flow proportionate samples.

(b)

Inspection, sampling and analysis.

(1)

Compliance determinations with respect to subdivision II of this article, prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater. Composite samples may be taken over a twenty-four-hour period, over a longer or shorter time span, as determined necessary by the director to meet the needs of specific circumstances.

(2)

Laboratory analysis of bulk municipal wastewater samples shall be performed in accordance with the current edition of Standard Methods, Methods for Chemical Analysis of Water and Waste, published by the United States Environmental Protection Agency or the Annual Book of Standards, Part 23, Water, Atmospheric Analysis, published by the American Society for Testing and Materials.

(3)

Sampling of municipal wastewater for the purpose of compliance determination with respect to subdivision II of the article, prohibitions and limitations will be done at such intervals as the director may designate. However, it is the intention of the director to conduct compliance sampling or to cause such sampling to be conducted for all major contributing municipal users at least once every three (3) months.

(Ord. No. 25-12, 12-3-2012)

The POTW director shall, at his discretion, administer the bulk municipal users' pretreatment program as agreed upon in the interlocal agreement between the city and the bulk municipal user and as specified in subdivision IV and section 23-198.1 of this article.

The schedule of charges and fees adopted by the City of Statesville may include charges and fees for:

(1)

Reimbursement of costs of setting up and operating the pretreatment program;

(2)

Monitoring, inspections and surveillance procedures;

(3)

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

(4)

Permitting;

(5)

Other fees as the City of Statesville may deem necessary to carry out the requirements of the pretreatment program.

(Ord. No. 25-12, 12-3-2012)

It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the City of Statesville. When requested by the POTW director, a user must submit information on the nature and characteristics of its wastewater within ninety (90) days of the request. The director is authorized to prepare a form for this purpose and may require users to update this information.

(Ord. No. 25-12, 12-3-2012)

All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the POTW director to be significant industrial users shall obtain a significant industrial user permit within one hundred eighty (180) days of receiving notification of the POTW director's determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the POTW director be required to obtain a wastewater discharge permit for non-significant industrial users.

(1)

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

(2)

Significant industrial user permit application. Users required to obtain a significant industrial user permit shall complete and file with the City of Statesville, an application in the form prescribed by the POTW director, and accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply for a significant industrial user permit within ninety (90) days after notification of the POTW director's determination in subsection 23-200(1) above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

a.

Name of industrial user;

b.

Address of industrial user;

c.

Location, (if different from the address);

d.

Standard industrial classification (SIC) code(s) or expected classification and industrial user category;

e.

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

f.

Major products manufactured or services supplied;

g.

Description of existing on-site pretreatment facilities and practices;

h.

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

i.

Raw materials used or stored at the site;

j.

Flow diagram or sewer map for the industrial user;

k.

Number of employees;

l.

Operation and production schedules;

m.

Description of current and projected waste reduction activities in accordance with G.S. 143-215.1(g);

n.

Analytical data on wastewater constituents and characteristics including, but not limited to, those mentioned in subdivision II of this article, any of the priority pollutants (section 307(a) of the Act) which the applicant knows or suspects are present in the discharge as determined by a certified analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended and as required in sections 23-210 and 23-211.

o.

Time and duration of the indirect discharge;

p.

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

q.

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

r.

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

1.

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

2.

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

(3)

Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by the current authorized representative of the user on file with the control authority and/or municipality as defined in subsection 23-182(a) and contain the following certification statement:

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

(4)

Application review and evaluation. The POTW director will evaluate the data furnished by the user and may require additional information.

a.

The POTW director is authorized to accept applications for the city and shall refer all applications to the POTW staff for review and evaluation.

b.

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

(5)

Tentative determination and draft permit.

a.

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

b.

If the staff's tentative determination in paragraph (5)a. above is to issue the permit, the following additional determinations shall be made in writing;

1.

Proposed discharge limitations for those pollutants proposed to be limited;

2.

A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and

3.

A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.

c.

The staff shall organize the determinations made pursuant to paragraphs (5)a. and b. above and the city's general permit conditions into a significant industrial user permit.

(6)

Permit supporting documentation. The control authority staff shall prepare the following documents for all significant industrial user permits.

a.

An allocation table (AT) listing permit information for all significant industrial users, including but not limited to permit limits, permit effective and expiration dates, and a comparison of total permitted flows and loads with division approved maximum allowable loadings of the POTW, including flow, on forms or in a format approved by the division. The AT shall be updated as permits are issued or renewed, and as permits are modified where the permitted limits or other AT information is revised.

b.

The basis, or rationale, for the pretreatment limitations, including the following.

1.

Documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards; and

2.

Documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.12(e) (2).

(7)

Final action on significant industrial user permit applications.

a.

The POTW director shall take final action on all applications not later than ninety (90) days following receipt of complete application.

b.

The POTW director is authorized to:

1.

Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this division and G.S. 143-215.1;

2.

Issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements.

3.

Modify any permit upon not less than sixty (60) days' notice and pursuant to subsection 23-200(9) of this article.

4.

Revoke any permit pursuant to section 23-217 of this article.

5.

Suspend a permit pursuant to section 23-217 of this article.

6.

Deny a permit application when in the opinion of the POTW director such discharge may cause or contribute to pass-through or interference of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. 143-215.1.

(8)

Permit modification.

a.

Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as listed below. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

1.

Changes in the ownership of the discharge when no other change in the permit is indicated;

2.

A single modification of any compliance schedule not in excess of four (4) months;

3.

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

b.

Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by section 23-200, the user shall apply for a wastewater permit within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard.

c.

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

(9)

Permit conditions.

a.

The POTW director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this article and G.S. 143-215.1. Wastewater permits shall contain, but not be limited to, the following:

1.

A statement of duration (in no case more than five (5) years);

2.

A statement of non-transferability;

3.

Applicable effluent limits based on categorical standards or local limits or both;

4.

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

5.

Requirements for notifying the POTW in the event of an accidental discharge or slug load as defined in subsection 23-182(a);

6.

Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in subsection 23-182(a) if determined by the POTW director to be necessary for the user and;

7.

Requirements for immediately notifying the POTW of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load as defined in subsection 23-182(a). Also see sections 23-205 and 23-206.

8.

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

b.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

7.

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, type, and standards for tests, and reporting schedules.

8.

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

9.

Compliance schedules for meeting pretreatment standards and requirements.

10.

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

11.

Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in section 23-212 and affording the POTW director, or his representatives, access thereto.

12.

Requirements for prior notification and approval by the POTW director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.

13.

Requirements for the prior notification and approval by the POTW director of any change in the manufacturing and/or pretreatment process used by the permittee.

14.

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

15.

Other conditions as deemed appropriate by the POTW director to ensure compliance with this article, and state and federal laws, rules and regulations.

(10)

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

(11)

Permit transfer. Wastewater permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation, without written approval of the POTW director.

(12)

Permit re-issuance. A significant industrial user shall apply for permit re-issuance by submitting a complete permit application in accordance with section 23-200 a minimum of one hundred eighty (180) days prior to the expiration of the existing permit.

(13)

Industrial waste permits outside city limits. Any person owning or controlling premises located beyond the corporate limits of the City of Statesville and desiring to install a plumbing system for the purpose of discharging domestic sewage and industrial waste into the sanitary sewer of the city may do so by complying with the requirements of this article and by paying an additional permit fee and sewer rental charge to be fixed by the council.

(Ord. No. 25-12, 12-3-2012)

(a)

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

(b)

Users described above shall submit the information set forth below.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Measurement of pollutants.

a.

The categorical pretreatment standards applicable to each regulated process.

b.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the POTW director of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 23-210 of this article.

c.

Sampling must be performed in accordance with procedures set out in section 23-211 of this article and 40 CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4).

(6)

Certification. A statement, reviewed by the user's current authorized representative as defined in subsection 23-182(a) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(7)

Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 23-202 of this article.

(8)

Signature and certification. All baseline monitoring reports must be signed and certified in accordance with subsection 23-200(c) of this article.

(Ord. No. 25-12, 12-3-2012)

The following conditions shall apply to the compliance schedule required by subsection 23-201(b)(7) of this article:

(1)

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

(2)

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

(3)

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

(4)

In no event shall more than nine (9) months elapse between such progress reports to the POTW director.

(Ord. No. 25-12, 12-3-2012)

Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the POTW director a report containing the information described in subsection 23-201(b)(4)—(6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with subsection 23-200(3) of this article.

(Ord. No. 25-12, 12-3-2012)

Municipalities may sample and analyze user discharges in lieu of requiring the users to conduct sampling and analysis.

(1)

All significant industrial users shall, at a frequency determined by the POTW director but in no case less than once every six (6) months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedure set out in sections 23-210 and 23-211. All periodic compliance reports must be signed and certified in accordance with subsection 23-200(3) of this article.

(2)

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the POTW director, using the procedures prescribed in sections 23-210 and 23-211 of this article, the results of this monitoring shall be included in this report.

(Ord. No. 25-12, 12-3-2012)

Each user must notify the POTW director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ninety (90) days before the change. The permittee shall not begin the changes until receiving written approval from the control authority and/or municipality. See subsection 23-206(d) for other reporting requirements.

(1)

The POTW director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 23-200 of this article.

(2)

The POTW director may issue a wastewater discharge permit under section 23-200 of this article or modify an existing wastewater discharge permit under section 23-200 of this article in response to changed conditions or anticipated changed conditions.

(3)

For purposes of this requirement, significant changes include, but are not limited to, flow or pollutant increases of twenty (20) percent or greater and the discharge of any previously unreported pollutants. Increases or decreases to production; increases in discharge of previously reported pollutants; discharge of pollutants not previously reported to the control authority and/or municipality; new or changed product lines; new or changed manufacturing processes and/or chemicals; or new or changed customers.

(Ord. No. 25-12, 12-3-2012)

(a)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in subsection 23-182(a), that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume if known, and corrective actions taken by the user.

(b)

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

(c)

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

(d)

All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in subsection 23-182(a).

(Ord. No. 25-12, 12-3-2012)

All users classified as non-significant categorical industrial users under subsection 23-182(a) shall provide appropriate reports to the POTW director as the POTW director may require. At a minimum, this shall include the annual certification of continuing to meet the non-significant categorical industrial user criteria as required under 40 CFR 403.12(q).

(Ord. No. 25-12, 12-3-2012)

(a)

If sampling performed by a user indicates a violation, the user must notify the POTW director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW director within thirty (30) days after becoming aware of the violation. If allowed by the POTW director, the user is not required to resample:

(1)

If the POTW director monitors at the user's facility at least once a month; or

(2)

If the POTW director samples between the user's initial sampling and when the user receives the results of this sampling.

(b)

If the POTW director has performed the sampling and analysis in lieu of the industrial user and the POTW sampling of the user indicates a violation, the POTW director shall repeat the sampling and obtain the results of the repeat analysis within thirty (30) days after becoming aware of the violations, unless one (1) of the following occurs:

(1)

The POTW director monitors at the users facility at least once a month; or

(2)

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

(3)

The POTW director requires the user to perform sampling and submit the results to the POTW director within [the] thirty-day deadline of the POTW becoming aware of the violation.

(Ord. No. 25-12, 12-3-2012)

The city prohibits the discharge of any hazardous wastes without notification to and approval by the POTW director.

(1)

Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharge during the calendar month, and an estimation of the mass and concentration such of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days before the discharge commences. The user shall not begin the discharge until receiving written approval from the City of Statesville. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notification of changed conditions must be submitted under section 23-205 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 23-201, 23-203, and 23-204 of this article.

(2)

Dischargers are exempt from the requirements of paragraph (1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specific in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms on nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(3)

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

(4)

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

(5)

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

(Ord. No. 25-12, 12-3-2012)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed by a laboratory certified by the state to perform the wastewater analyses in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard or unless otherwise performed in accordance with procedures approved by EPA or City of Statesville. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA and City of Statesville. Analyses must be performed by a state certified lab for each parameter analyzed, if such certification exists for that parameter.

(Ord. No. 25-12, 12-3-2012)

(a)

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

(b)

Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, volatile organic compounds, and any other pollutants as required by 40 CFR 136. The POTW shall determine the number of grabs necessary to be representative of the user's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and ninety-day compliance reports. Additionally, the POTW director may allow collection of multiple grabs during a twenty-four-hour period which are composited prior to analysis as allowed under 40 CFR 136.

(c)

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

(Ord. No. 25-12, 12-3-2012)

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

(Ord. No. 25-12, 12-3-2012)

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

(Ord. No. 25-12, 12-3-2012)

The POTW director may develop procedures for receipt of electronic reports for any reporting requirements of this article. Such procedures shall comply with 40 CFR Part 3. These procedures shall be enforceable under subdivision VIII of this article.

(Ord. No. 25-12, 12-3-2012)

The City of Statesville requires the user to provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the area and located so that it will not be obstructed by landscaping or parked vehicles.

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

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

(Ord. No. 25-12, 12-3-2012)

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

(Ord. No. 25-12, 12-3-2012)

If the City of Statesville, approval authority or EPA has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City of Statesville designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City of Statesville, approval authority, or EPA may seek issuance of a search warrant from the City of Statesville or County of Iredell.

(Ord. No. 25-12, 12-3-2012)

(a)

Information and data provided by an industrial user to the POTW director pursuant to this article identifying the nature and frequency of a discharge, shall be available to the public without restriction. All other information which may be so submitted by an industrial user to the POTW director in connection with any required reports shall also be available to the public unless the industrial user or other interested person specifically identifies the information as confidential upon submission and is able to demonstrate to the satisfaction of the POTW director that the disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.

(b)

Information provided by an industrial user to the POTW director that is determined to be entitled to confidential treatment shall be made available upon written request to the division of water quality or any state agency for uses related to the pretreatment program, the National Pollutant Discharge Elimination System (NPDES) permit, collection system permit, stormwater permit, and/or non-discharge permit, and for uses related to judicial review or enforcement proceedings involving the person furnishing the report.

(c)

Information and data received by the division or other state agency under paragraph (b) above shall be subject to the processes set forth in G.S. 143-215.3C.

(Ord. No. 25-12, 12-3-2012)

(a)

Notification of violation. Whenever the POTW director finds that any industrial user has violated or is violating this article, wastewater permit, or any prohibition, limitation or requirements contained therein or any other pretreatment requirement the POTW director may serve upon such a person a written notice stating the nature of the violation. Within fifteen (15) days from the receipt of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the City of Statesville 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. Enforcement action shall be taken in accordance with the city's enforcement response plan that is on file at the city clerk's office.

(b)

Consent orders. The POTW 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 subsection 23-219(d), below.

(c)

Show cause hearing. The POTW 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 discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW director determines that a show cause order should be issued, 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 (10) days before the hearing. Service may be made on any agent or officer of a corporation.

The POTW director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under section 23-220 nor is any action or inaction taken by the POTW director under this section subject to an administrative appeal under subsection 23-200(8).

(d)

Administrative orders. When the POTW director finds that an industrial user has violated or continues to violate this article, permits or orders issued hereunder, or any other pretreatment requirement the POTW director may issue an order to cease and resist all such violations and direct those persons in noncompliance to do any of the following:

(1)

Immediately comply with all requirements;

(2)

Comply in accordance with a compliance time schedule set forth in the order;

(3)

Take appropriate remedial or preventive action in the event of a continuing or threatened violation;

(4)

Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period. Appeals may be made in accordance with subsection 23-200(8) of this article.

(e)

Emergency suspensions. The POTW 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 which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.

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 fifteen (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 POTW director shall take such steps as deemed necessary including immediate severance of the water connection, to prevent or minimize damage to the POTW system for endangerment to any individuals. The POTW director shall reinstate the wastewater permit and the water 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 POTW director prior to the date of the above-described hearing.

(f)

Termination of permit or permission to discharge. The POTW director may revoke a wastewater discharge permit or permission to discharge for good cause, including but not limited to, the following reasons:

(1)

Failure to accurately report the wastewater constituents and characteristics of this discharge;

(2)

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

(3)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,

(4)

Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable state and federal regulations.

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 23-217 of this article why the proposed action should not be taken.

(Ord. No. 25-12, 12-3-2012)

(a)

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 may be assessed a civil penalty up to twenty-five thousand dollars ($25,000.00) per day per violation.

(1)

Penalties between ten thousand dollars ($10,000.00) and twenty-five thousand dollars ($25,000.00) per day per violation may be assessed against a violator only if:

a.

For any class of violation, only if a civil penalty has been imposed against the violator within the five (5) years preceding the violation, or

b.

In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this article, or the orders, rules, regulations and permits issued hereunder, only if the POTW director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five (5) years preceding the violation.

(b)

In determining the amount of the civil penalty, the POTW director shall consider the following:

(1)

The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;

(2)

The duration and gravity of the violation;

(3)

The effect on ground or surface water quantity or quality or on air quality;

(4)

The cost of rectifying the damage;

(5)

The amount of money saved by noncompliance;

(6)

Whether the violation was committed willfully or intentionally;

(7)

The prior record of the violator in complying or failing to comply with the pretreatment program;

(8)

The costs of enforcement to the city.

(c)

Appeals of civil penalties assessed in accordance with this section shall be as provided in subsection 23-200(8).

(Ord. No. 25-12, 12-3-2012)

Remedies, in addition to those previously mentioned in this article, are available to the POTW director who may use any single one (1) or combination against a noncompliant user. Additional available remedies include, but are not limited to:

(1)

Criminal violations. The district attorney for the 22nd Judicial District may, at the request of the city, prosecute noncompliant users who violate the provisions of G.S. 143-215.6B.

(2)

Injunctive relief. Whenever a user is in violation of the provisions of this article or an order or permit issued hereunder, the POTW director, through the city attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction, which restrains or compels the activities in question.

(3)

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

(4)

Public nuisances. Any violation of the prohibitions or effluent limitations of this article or of a permit or order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the POTW director. Any person(s) creating a public nuisance shall be subject to the provisions of the city governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying said nuisance.

(Ord. No. 25-12, 12-3-2012)

The remedies provided for in this article are not exclusive. The POTW director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City of Statesville enforcement response plan. However, the POTW director may take other action against any user when the circumstances warrant. Further, the POTW director is empowered to take more than one (1) enforcement action against any noncompliant user.

(Ord. No. 25-12, 12-3-2012)

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

(Ord. No. 25-12, 12-3-2012)

The local government may conduct hearings in accordance with its regular hearing procedure.

(1)

Initial adjudicatory hearings. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under section 23-218 or one issued an administrative order under section 23-217 shall have the right to an adjudicatory hearing before the POTW director or other hearing officer appointed by the POTW director upon making written demand, identifying the specific issues to be contested to the POTW director within thirty (30) days following receipt of the significant industrial user permit, civil penalty assessment or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding and further appeal is barred.

The hearing officer shall make a final decision on the contested permit, penalty or order within forty-five (45) days of the receipt of the written demand for a hearing. The POTW director shall transmit a copy of the hearing officer's decision by registered or certified mail as described in paragraph (2) below. The terms and conditions of a permit under appeal shall be as follows:

a.

New permits. Upon appeal, including judicial review in the general courts of justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

b.

Renewed permits. Upon appeal, including judicial review in the general courts of justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

c.

Terminated permits. Upon appeal, including judicial review in the general courts of justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(2)

Final appeal hearings. Any decision of a hearing officer made as a result of an adjudicatory hearing held under paragraph (1) above may be appealed to the City of Statesville City Council serving the City of Statesville upon filing a written demand within ten (10) days of receipt of notice of the decision. Hearings held under this section shall be conducted by City of Statesville City Council. Failure to make written demand within the time specified herein shall bar further appeal. The City of Statesville City Council serving the City of Statesville shall make a final decision on the appeal within ninety (90) days from receipt of the demand filed under paragraph (1) and shall transmit a written copy of its decision by registered or certified mail as described in paragraph (3) below. The decision is a final decision for the purposes of seeking judicial review.

(3)

Official record. When a final decision is issued under paragraph (2) above, the City of Statesville City Council serving the City of Statesville shall prepare an official record of the case that includes:

a.

All notices, motions, and other like pleadings;

b.

A copy of all documentary evidence introduced;

c.

A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken.

d.

A copy of the final decision of the City of Statesville City Council serving the City of Statesville.

(4)

Judicial review. Any person against whom a final order or decision of the City of Statesville City Council serving the City of Statesville is entered, pursuant to the hearing conducted under paragraph (2) above, may seek judicial review of the order or decision by filing a written request for review by Superior Court of Iredell County within thirty (30) days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, along with a copy to the City of Statesville. Within thirty (30) days after receipt of the copy of written request for review by the court, the City of Statesville City Council serving the City of Statesville shall transmit to the reviewing court the original or a certified copy of the official record.

(Ord. No. 25-12, 12-3-2012)

(a)

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (b), below, are met.

(b)

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1)

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

(2)

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

(3)

The user has submitted the following information to the POTW director within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days):

a.

A description of the indirect discharge and cause of noncompliance;

b.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(c)

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

(d)

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

(e)

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

(Ord. No. 25-12, 12-3-2012)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in subsection 23-183(a) of this article or the specific prohibitions in subsections 23-183(b)(2), (3), (5)—(7), (9)—(23) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:

(1)

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

(2)

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

(Ord. No. 25-12, 12-3-2012)

(a)

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (b) and (c) of this section.

(b)

(1)

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

(2)

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

(c)

(1)

Bypass is prohibited, and the POTW director may take an enforcement action against a user for a bypass, unless

a.

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

b.

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

c.

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

(2)

The POTW director may approve an anticipated bypass, after considering its adverse effects, if the POTW director determines that it will meet the three (3) conditions listed in paragraph (c)(1) of this section.

(Ord. No. 25-12, 12-3-2012)

If any provision, paragraph, word, section or article of this article is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

(Ord. No. 25-12, 12-3-2012)

All other articles and parts of other articles inconsistent or conflicting with any part of this article are hereby repealed to the extent of such inconsistency or conflict.

(Ord. No. 25-12, 12-3-2012)