<div class="chunk-title">Sec. 78-61. - General provisions.</div>
<div class="chunk-content">
            <p class="incr0">
               1.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Purpose and policy.</span> This article sets forth uniform requirements for direct and indirect contributors
               into the wastewater collection and treatment system for the water and sewer authority
               of Cabarrus County, hereafter referred to as WSACC, and enables WSACC 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).
               
            </p>
            		
            <p class="p0">
               The objectives or this article are:
               
               <p class="incr1">
                  (a)
                  
               </p>
               		
               <p class="content2">
                  To prevent the introduction of pollutants and wastewater discharges into the wastewater
                  treatment system which will interfere with the operation of the system or contaminate
                  the resulting sludge;
                  
               </p>
               		
               
               <p class="incr1">
                  (b)
                  
               </p>
               		
               <p class="content2">
                  To prevent the introduction of pollutants and wastewater discharges into the wastewater
                  treatment system which will pass through the system, inadequately treated, into any
                  waters of the state or otherwise be incompatible with the system;
                  
               </p>
               		
               
               <p class="incr1">
                  (c)
                  
               </p>
               		
               <p class="content2">
                  To promote reuse and recycling of industrial wastewater and sludges from the wastewater
                  treatment system;
                  
               </p>
               		
               
               <p class="incr1">
                  (d)
                  
               </p>
               		
               <p class="content2">
                  To protect both WSACC's personnel who may be affected by sewage, effluent, and sludge
                  in the course of their employment as well as protecting the general public;
                  
               </p>
               		
               
               <p class="incr1">
                  (e)
                  
               </p>
               		
               <p class="content2">
                  To provide for equitable distribution of the cost of operation, maintenance and improvement
                  of the wastewater treatment plant; and
                  
               </p>
               		
               
               <p class="incr1">
                  (f)
                  
               </p>
               		
               <p class="content2">
                  To ensure that WSACC complies with its NPDES or non-discharge permit conditions, sludge
                  use and disposal requirements and any other federal or state laws to which the wastewater
                  treatment system is subject.
                  
               </p>
               		
               
            
            <p class="p0">
               This article provides for the regulation of direct and indirect contributors to the
               wastewater treatment system, through the issuance of permits to certain non-domestic
               users and through enforcement of general requirements for the other 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.
               
            </p>
            <p class="p0">
               This article shall apply to all users of the municipal wastewater system, as authorized
               by G.S. 160A-312 and/or 153A-275. WSACC shall designate an administrator of the publicly
               owned treatment works or POTW and pretreatment program hereafter referred to as the
               executive director. Except as otherwise provided herein, the executive director shall
               administer, implement, and enforce the provisions of this article and shall be responsible
               for operating and maintaining the wastewater treatment system. Any powers granted
               to or imposed upon the executive director may be delegated by the executive director
               to other WSACC personnel.
               
            </p>
            <p class="p0">
               By discharging wastewater into the WSACC wastewater system, industrial users located
               within or outside the WSACC service area agree to comply with the terms and conditions
               established in this article, as well as any permits, enforcement actions, or orders
               issued hereunder. This includes all industrial users discharging in the wastewater
               collection system owned by the City of Charlotte.
               
            </p>
            <p class="incr0">
               2.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Definitions and abbreviations.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               Unless the context specifically indicates otherwise, the following terms and phrases,
               as used in this article, shall have the meanings hereinafter designated:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Act</span> or <span class="ital">the Act.</span> The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,<a href="" data-chunk-id="PTIICOOR_CH33RE" class="section-link" data-product-id="12658"> 33</a> U.S.C. 1251 et seq.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Approval authority.</span> The director of the Division of Water Quality of the North Carolina Department of
               Environment and Natural Resources or his designee.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Authorized representative of the industrial user:</span>
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               If the industrial user is a corporation, authorized representative shall mean:
               
            </p>
            		
            <p class="incr4">
               a.
               
            </p>
            		
            <p class="content5">
               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
               
            </p>
            		
            <p class="incr4">
               b.
               
            </p>
            		
            <p class="content5">
               The manager of one 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.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               If the industrial user is a partnership or sole proprietorship, an authorized representative
               shall mean a general partner or the proprietor, respectively.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               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.
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               The individuals described in paragraphs (i)â€”(iii) 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 WSACC.
               
            </p>
            		
            <p class="incr3">
               (v)
               
            </p>
            		
            <p class="content4">
               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 the
               executive director prior to or together with any reports to be signed by an authorized
               representative.
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Biochemical oxygen demand (BOD), five-day (BOD<sub>5</sub>).</span> The quantity of oxygen utilized in the biochemical oxidation of organic matter under
               standard laboratory procedures for five days at 20 degrees Celsius; usually expressed
               as a concentration (milligrams per liter (mg/1)).
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Boundaries of WSACC or service area.</span> The service area includes Cabarrus County and that portion of the City of Kannapolis
               located within Rowan County.
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Building sewer.</span> A sewer conveying wastewater from the premises of a user to the POTW.
               
            </p>
            		
            <p class="incr2">
               (7)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Bypass.</span> The intentional diversion of waste streams from any portion of a user's treatment
               facility.
               
            </p>
            		
            <p class="incr2">
               (8)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Cabarrus Health Alliance.</span> The public health authority of Cabarrus County d.b.a. Cabarrus Health Alliance.
               
            </p>
            		
            <p class="incr2">
               (9)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Categorical standard</span> or <span class="ital">national categorical pretreatment standards.</span> Any regulation containing pollutant discharge limits promulgated by the Environmental
               Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
               1347) which applies to a specific category of industrial users and which appears in
               40 CFR<a href="" data-chunk-id="PTIICOOR_CH1GEPR" class="section-link" data-product-id="12658"> Chapter 1</a>, Subchapter N, Parts 405â€”471.
               
            </p>
            		
            <p class="incr2">
               (10)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Chemical toilets.</span> The structures used to collect human wastes at mass gatherings, construction sites
               and labor work camps.
               
            </p>
            		
            <p class="incr2">
               (11)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Chemical oxygen demand (COD).</span> The quantity of equivalent oxygen utilized in the chemical oxidation of organic matter
               as measured by standard laboratory methods as set out in this article, expressed in
               parts per million.
               
            </p>
            		
            <p class="incr2">
               (12)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Color.</span> The true color due to substances in solution which cause any variation in the hue
               of the receiving stream and is expressed in parts per million.
               
            </p>
            		
            <p class="incr2">
               (13)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Control authority.</span> Refers to the POTW organization if the POTW organization's pretreatment program approval
               has not been withdrawn.
               
            </p>
            		
            <p class="incr2">
               (14)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Cooling water.</span> The water discharged from any use such as air conditioning, cooling or refrigeration
               during which the only pollutant added to the water is heat.
               
            </p>
            		
            <p class="incr2">
               (15)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Domestic wastewater/sewage.</span> Liquid wastes from the noncommercial preparation, cooking and handling of food; or
               containing human excrement and similar matter from the sanitary conveniences of dwellings,
               commercial buildings, industrial facilities and institutions.
               
            </p>
            		
            <p class="incr2">
               (16)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Environmental Protection Agency (EPA).</span> 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.
               
            </p>
            		
            <p class="incr2">
               (17)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Executive director.</span> The chief administrative officer of the control authority or his/her delegate.
               
            </p>
            		
            <p class="incr2">
               (18)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Grab sample.</span> 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 15 minutes.
               
            </p>
            		
            <p class="incr2">
               (19)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Hearing authority.</span> The executive director, WSACC Attorney, and facilities director or duly appointed
               deputies, agents or representatives thereof.
               
            </p>
            		
            <p class="incr2">
               (20)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Holding tank waste.</span> Any waste from holding tanks, including, but not limited to, such holding tanks as
               vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
               
            </p>
            		
            <p class="incr2">
               (21)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Indirect discharge.</span> 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 discharged into the system).
               
            </p>
            		
            <p class="incr2">
               (22)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Industrial user</span> or <span class="ital">user.</span> Any person which is a source of indirect discharge.
               
            </p>
            		
            <p class="incr2">
               (23)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Industrial waste.</span> Non-domestic wastewater, including, but not limited to, process or operational wastewater,
               groundwater remediation discharges, contaminated stormwater or surface water remediation
               discharges, and any other non-domestic liquid waste from industrial and commercial
               establishments.
               
            </p>
            		
            <p class="incr2">
               (24)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Infiltration.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (25)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Inflow.</span> The water discharged into a sewer system including service connections from such
               sources as, but not limited to, roof leaders, cellar, 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.
               
            </p>
            		
            <p class="incr2">
               (26)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Interference.</span> The inhibition, or disruption of the POTW collection system, its treatment processes
               and/or operations, and/or its sludge processes, use, or disposal, which causes or
               contributes to a violation of any requirement of the control authority's 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 (SWDA)(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 than state criteria (including those contained
               in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable
               to the method of disposal or use employed by the POTW.
               
            </p>
            		
            <p class="incr2">
               (27)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Local permit.</span> A permit issued by WSACC allowing wastewater discharge into the POTW pursuant to
               requirements in this article for users that do not meet the criteria of an SIU or
               propose to discharge pump and haul wastes.
               
            </p>
            		
            <p class="incr2">
               (28)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Maximum daily discharge.</span> The total concentration or mass of a pollutant discharged from all production periods
               during a twenty-four-hour calendar day.
               
            </p>
            		
            <p class="incr2">
               (29)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Medical waste.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (30)
               
            </p>
            		
            <p class="content3">
               <span class="ital">National Prohibitive Discharge Standard</span> or <span class="ital">Prohibitive Discharge Standard</span> or <span class="ital">Prohibited Discharges.</span> Absolute prohibitions against the discharge of certain substances; these prohibitions
               appear in section 78-62.1 of this article and are developed under the authority of
               [Section] 307(b) of the Act and 40 CPR, Section 403.5.
               
            </p>
            		
            <p class="incr2">
               (31)
               
            </p>
            		
            <p class="content3">
               <span class="ital">New source.</span>
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Any building, structure, facility, or installation from which there is (or 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:
               
            </p>
            		
            <p class="incr4">
               a.
               
            </p>
            		
            <p class="content5">
               The building, structure, facility, or installation is constructed at a site at which
               no other source is located; or
               
            </p>
            		
            <p class="incr4">
               b.
               
            </p>
            		
            <p class="content5">
               The building, structure, facility, or installation totally replaces the process or
               production equipment that causes the discharge of pollutants at an existing source;
               or
               
            </p>
            		
            <p class="incr4">
               c.
               
            </p>
            		
            <p class="content5">
               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.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               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<a href="" data-chunk-id="PTIICOOR_CH30EN" class="section-link" data-product-id="12658"> section 30</a>(i)b. or 30(i)c. above but otherwise alters, replaces, or adds to existing process
               or production equipment.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               For purposes of this definition, construction of a new source has commenced if the
               owner or operator has:
               
            </p>
            		
            <p class="incr4">
               a.
               
            </p>
            		
            <p class="content5">
               Begun, or caused to begin as part of a continuous on-site construction program:
               
            </p>
            		
            <p class="incr5">
               (1)
               
            </p>
            		
            <p class="content6">
               Any placement, assembly, or installation of facilities or equipment; or
               
            </p>
            		
            <p class="incr5">
               (2)
               
            </p>
            		
            <p class="content6">
               Significant site preparation work including clearing, excavation, or removal of existing
               buildings, structures, or facilities which is necessary for the replacement, assembly,
               or installation of new source facilities or equipment; or
               
            </p>
            		
            <p class="incr4">
               b.
               
            </p>
            		
            <p class="content5">
               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.
               
            </p>
            		
            <p class="incr2">
               (32)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Nitrogen (NH<sub>3</sub>) as ammonia.</span> The initial product in the decomposition of nitrogenous organic matter as measured
               by using standard laboratory methods, as set out in this article, expressed in mg/l.
               
            </p>
            		
            <p class="incr2">
               (33)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Non-contact cooling water or wastewater.</span> Water used for cooling which does not come into direct contact with any raw material,
               intermediate product, waste product, or finished product.
               
            </p>
            		
            <p class="incr2">
               (34)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Non-discharge permit.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (35)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Non-domestic wastewater/sewage.</span> Liquid wastes resulting from the processes employed in industrial, manufacturing,
               trade or business establishments, as distinct from domestic wastes.
               
            </p>
            		
            <p class="incr2">
               (36)
               
            </p>
            		
            <p class="content3">
               <span class="ital">NPDES</span> or <span class="ital">National Pollutant Discharge Elimination System.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (37)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pass through.</span> A discharge which exits the POTW into waters of the state in quantities or concentrations
               which, alone or in conjunction with a discharge or discharges from other sources,
               causes a violation, including an increase in the magnitude or duration of a violation,
               of the control authority's collection system, or non-discharge permit or a downstream
               water quality standard even if not included in the permit.
               
            </p>
            		
            <p class="incr2">
               (38)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Person.</span> Any individual, firm, company, partnership, co-partnership, corporation, association,
               joint stock company, trust, estate, governmental entity, limited liability company
               or partnership, or any other legal entity, or their legal representatives, agents
               or assigns. This definition includes all federal, state, and local government entities.
               
            </p>
            		
            <p class="incr2">
               (39)
               
            </p>
            		
            <p class="content3">
               <span class="ital">pH.</span> 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. A pH value of 7.0 is neutral,
               above 7.0 is alkaline and below 7.0 is acid.
               
            </p>
            		
            <p class="incr2">
               (40)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pollutant.</span> Any "waste" as defined in G.S. 143-213(13) and dredged spoil, 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, metals,
               BOD, COD, toxicity, and odor).
               
            </p>
            		
            <p class="incr2">
               (41)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pollutant of concern (POC).</span> Any pollutant which might reasonably be expected to be discharged to the POTW in
               quantities which could pass through or interfere with the POTW, contaminate the sludge,
               or jeopardize any POTW worker's health and/or safety.
               
            </p>
            		
            <p class="incr2">
               (42)
               
            </p>
            		
            <p class="content3">
               <span class="ital">POTW treatment plant.</span> The portion of the POTW designed to provide treatment to wastewater.
               
            </p>
            		
            <p class="incr2">
               (43)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pretreatment.</span> 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).
               
            </p>
            		
            <p class="incr2">
               (44)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pretreatment program.</span> The program for the control of pollutants introduced into the POTW from non-domestic
               sources which was developed by WSACC in compliance with 40 CFR, 403.8 and approved
               by the state as authorized by G.S. 143-215.3(a)(14) in accordance with 40 CFR 403.11.
               
            </p>
            		
            <p class="incr2">
               (45)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pretreatment requirements.</span> Any substantive or procedural requirement related to pretreatment, other than a pretreatment
               standard.
               
            </p>
            		
            <p class="incr2">
               (46)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pretreatment standards.</span> Prohibited discharge standards, categorical pretreatment standards, or local limits
               which applies to an industrial user.
               
            </p>
            		
            <p class="incr2">
               (47)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Process wastewater.</span> Any water which, during manufacturing or processing, comes into direct contact with
               or results from the production of or use of any raw material, intermediate product,
               finished product, byproduct, or waste product.
               
            </p>
            		
            <p class="incr2">
               (48)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Properly shredded garbage.</span> The wastes from the preparation, cooking and dispensing of food that have been shredded
               to such degree that all particles will be carried freely under the flow conditions
               normally prevailing in public sewers, with no particle greater than one-half inch
               in any dimension.
               
            </p>
            		
            <p class="incr2">
               (49)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Publicly owned treatment works (POTW).</span> A treatment works (or a combination thereof), as defined by Section 212 of the Act,
               (33 U.S.C. 1292) which is owned in this instance by WSACC. 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 which convey wastewater to the POTW treatment
               plant, plant and sewer maintenance personnel, and microorganisms associated with the
               treatment process itself. For the purposes of this ordinance, "POTW" shall also include
               any sewers that convey wastewaters to the POTW from persons outside WSACC who are,
               by contract or agreement with WSACC, or in any other way, users of WSACC's POTW.
               
            </p>
            		
            <p class="incr2">
               (50)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Pump and haul waste.</span> Excess sludge from domestic septic tank systems, biological treatment plants with
               an NPDES permit and/or wastewater from portable sanitary privies, including domestic
               sewage and/or industrial waste.
               
            </p>
            		
            <p class="incr2">
               (51)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Receiving water.</span> The specific waters of the state receiving the effluent discharged from the POTW
               treatment plant.
               
            </p>
            		
            <p class="incr2">
               (52)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Sanitary sewer.</span> A sewer intended to receive domestic sewage and non-domestic waste, except that of
               type expressly prohibited by this article, without the admixture of surface water
               and stormwater.
               
            </p>
            		
            <p class="incr2">
               (53)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Severe property damage.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (54)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Significant industrial user</span> or <span class="ital">SIU.</span> An industrial user that discharges wastewater into a publicly owned treatment works
               and that:
               
            </p>
            		
            <p class="incr3">
               (A)
               
            </p>
            		
            <p class="content4">
               Discharges an average of 25,000 gallons per day or more of process wastewater to the
               POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or
               
            </p>
            		
            <p class="incr3">
               (B)
               
            </p>
            		
            <p class="content4">
               Contributes process wastewater which makes up five percent or more of the NPDES or
               non-discharge permitted flow limit or five percent or more of the maximum allowable
               headworks loading of the POTW treatment plant for any POTW pollutant of concern; or
               
            </p>
            		
            <p class="incr3">
               (C)
               
            </p>
            		
            <p class="content4">
               Is subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR<a href="" data-chunk-id="PTIICOOR_CH1GEPR" class="section-link" data-product-id="12658"> Chapter 1</a>, Subchapter N, Parts 405â€”471; or
               
            </p>
            		
            <p class="incr3">
               (D)
               
            </p>
            		
            <p class="content4">
               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.
               
            </p>
            		
            <p class="incr3">
               (E)
               
            </p>
            		
            <p class="content4">
               Subject to division approval under 15A NCAC 02H.0907(b), the control authority may
               determine that an industrial user meeting the criteria in paragraphs (A) and (B) above
               has no reasonable potential for adversely affecting the POTW's operation or for violating
               any pretreatment standards or requirement, the POTW's effluent limitations and conditions
               in its NPDES or non-discharge permit, or for limiting the POTW's sludge disposal options,
               and thus is not a significant industrial user.
               
            </p>
            		
            <p class="incr3">
               (F)
               
            </p>
            		
            <p class="content4">
               Subject to division approval under 15A NCAC 02H.0907(b), the control authority may
               determine that an industrial user meeting the criteria in paragraph (C) above meets
               the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical
               industrial user.
               
            </p>
            		
            <p class="incr3">
               (G)
               
            </p>
            		
            <p class="content4">
               Subject to division approval under 15A NCAC 02H.0907(b), the control authority may
               determine that an industrial user meeting the criteria in paragraph (A), (B) or (C)
               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).
               
            </p>
            		
            <p class="incr2">
               (55)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Significant noncompliance</span> or <span class="ital">SNC.</span> The status or noncompliance of a significant industrial user when one or more of
               the following criteria are met. Additionally, any industrial user which meets the
               criteria in subparagraph (b)(55), Parts (C), (D), or (H) shall also be SNC.
               
            </p>
            		
            <p class="incr3">
               (A)
               
            </p>
            		
            <p class="content4">
               Chronic violations of wastewater discharge limits, defined here as those in which
               66 percent or more of all the measurements 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);
               
            </p>
            		
            <p class="incr3">
               (B)
               
            </p>
            		
            <p class="content4">
               Technical review criteria (TRC) violations, defined here as those in which 33 percent
               or more of all the measurements taken for the same pollutant parameter during a six-month
               period equal or exceed the product or 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);
               
            </p>
            		
            <p class="incr3">
               (C)
               
            </p>
            		
            <p class="content4">
               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 or POTW personnel or the general public);
               
            </p>
            		
            <p class="incr3">
               (D)
               
            </p>
            		
            <p class="content4">
               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)(13) and section 78-68.1(e) of
               this SUO to halt or prevent such a discharge;
               
            </p>
            		
            <p class="incr3">
               (E)
               
            </p>
            		
            <p class="content4">
               Violations of compliance schedule milestones, contained in a pretreatment permit or
               enforcement order, for starting construction, completing construction, and attaining
               final compliance by 90 days or more after the schedule date.
               
            </p>
            		
            <p class="incr3">
               (F)
               
            </p>
            		
            <p class="content4">
               Failure to provide reports for compliance schedule, self-monitoring data, baseline
               monitoring reports, 90-day compliance reports, and periodic compliance reports within
               45 days from the due date.
               
            </p>
            		
            <p class="incr3">
               (G)
               
            </p>
            		
            <p class="content4">
               Failure to accurately report noncompliance.
               
            </p>
            		
            <p class="incr3">
               (H)
               
            </p>
            		
            <p class="content4">
               Any other violation or group of violations that the control authority and/or POTW
               determines will adversely affect the operation or implementation of the local pretreatment
               program.
               
            </p>
            		
            <p class="incr2">
               (56)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Slug load or discharge.</span> Any discharge at a flow rate or concentration which has a reasonable potential to
               cause interference or pass-through, or in any other way violates the POTW's regulations,
               local limits, or industrial user permit conditions. This can include, but is not limited
               to, spills and other accidental discharges; discharges of a non-routine, episodic
               nature; a non-customary batch discharge; or any other discharges that can cause a
               violation of the prohibited discharge standards in Section 78-62.1 of this article.
               
            </p>
            		
            <p class="incr2">
               (57)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Standard industrial classification (SIC).</span> A classification pursuant to the Standard Industrial Classification Manual issued
               by the Executive Office of the President, Office of Management and Budget, 1987.
               
            </p>
            		
            <p class="incr2">
               (58)
               
            </p>
            		
            <p class="content3">
               <span class="ital">State.</span> The State of North Carolina, Department of Environment and Natural Resources, Division
               of Environmental Management, or any duly authorized representative thereof.
               
            </p>
            		
            <p class="incr2">
               (59)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Stormwater.</span> Any flow occurring during or following any form of natural precipitation and resulting
               therefrom.
               
            </p>
            		
            <p class="incr2">
               (60)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Suspended solids</span> or <span class="ital">total suspended solids.</span> The total suspended matter that floats on the surface of, or is suspended in, water,
               wastewater or other liquids, and which is removable by approved laboratory filtering
               methods.
               
            </p>
            		
            <p class="incr2">
               (61)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Toxic pollutant.</span> Any pollutant or combination of pollutants listed as toxic in the regulations promulgated
               by the administrator of the EPA under the provisions of the Clean Water Act, section
               307(a), or other acts.
               
            </p>
            		
            <p class="incr2">
               (62)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Unpolluted water.</span> Water not containing any pollutants limited or prohibited by the effluent standards
               in effect, or water whose discharge will not cause any violation of receiving water
               quality standards.
               
            </p>
            		
            <p class="incr2">
               (63)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Upset.</span> 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 pretreatment facilities, inadequate pretreatment facilities,
               lack of preventive maintenance, or careless or improper operation.
               
            </p>
            		
            <p class="incr2">
               (64)
               
            </p>
            		
            <p class="content3">
               <span class="ital">User.</span> Any person who contributes, causes or permits the contribution of wastewater into
               the POTW or proposes such a contribution, including persons who contribute such wastes
               from mobile sources.
               
            </p>
            		
            <p class="incr2">
               (65)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Wastewater.</span> The liquid and water-carried, industrial and/or domestic wastes, from dwellings,
               commercial buildings, industrial facilities, mobile sources, treatment facilities,
               and/or institutions together with any groundwater, surface water, and/or stormwater
               that may be present, whether treated or untreated, which are contributed into or permitted
               to enter the POTW.
               
            </p>
            		
            <p class="incr2">
               (66)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Wastewater discharge permit.</span> The permit required by Section 78-64.2 of this article.
               
            </p>
            		
            <p class="incr2">
               (67)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Waters of the state.</span> 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.
               
            </p>
            		
            <p class="incr2">
               (68)
               
            </p>
            		
            <p class="content3">
               <span class="ital">WSACC.</span> The Water and Sewer Authority of Cabarrus County, the executive director or his designee.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               This article is gender neutral and the masculine gender shall include the feminine
               and vice-versa.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               Shall is mandatory; may is permissive or discretionary.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               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.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               The following abbreviations when used in this article, shall have the designated meanings:
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               BOD - Biochemical Oxygen Demand
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               CFR - Code of Federal Regulations
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               COD - Chemical Oxygen Demand
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               DENR - Department of Environment and Natural Resources
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               EPA - Environmental Protection Agency
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               gpd - Gallons per day
               
            </p>
            		
            <p class="incr2">
               (7)
               
            </p>
            		
            <p class="content3">
               mgd - Million gallons per day
               
            </p>
            		
            <p class="incr2">
               (8)
               
            </p>
            		
            <p class="content3">
               mg/l - Milligrams per liter
               
            </p>
            		
            <p class="incr2">
               (9)
               
            </p>
            		
            <p class="content3">
               NCAC - North Carolina Administrative Code
               
            </p>
            		
            <p class="incr2">
               (10)
               
            </p>
            		
            <p class="content3">
               N.C.G.S. - North Carolina General Statutes
               
            </p>
            		
            <p class="incr2">
               (11)
               
            </p>
            		
            <p class="content3">
               NH
               <sub>
                  3
                  </sub>
               - Nitrogen Ammonia
               
            </p>
            		
            <p class="incr2">
               (12)
               
            </p>
            		
            <p class="content3">
               NOV - Notice of Violation
               
            </p>
            		
            <p class="incr2">
               (13)
               
            </p>
            		
            <p class="content3">
               NPDES - National Pollution Discharge Elimination System
               
            </p>
            		
            <p class="incr2">
               (14)
               
            </p>
            		
            <p class="content3">
               O &amp; M - Operation and Maintenance
               
            </p>
            		
            <p class="incr2">
               (15)
               
            </p>
            		
            <p class="content3">
               POTW - Publicly Owned Treatment Works
               
            </p>
            		
            <p class="incr2">
               (16)
               
            </p>
            		
            <p class="content3">
               RCRA - Resource Conservation and Recovery Act
               
            </p>
            		
            <p class="incr2">
               (17)
               
            </p>
            		
            <p class="content3">
               SIC - Standard Industrial Classification
               
            </p>
            		
            <p class="incr2">
               (18)
               
            </p>
            		
            <p class="content3">
               SIU - Significant Industrial User
               
            </p>
            		
            <p class="incr2">
               (19)
               
            </p>
            		
            <p class="content3">
               SWDA - Solid Waste Disposal Act,<a href="" data-chunk-id="PTIICOOR_CH42RE" class="section-link" data-product-id="12658"> 42</a> U.S.C. 6701, et seq.
               
            </p>
            		
            <p class="incr2">
               (20)
               
            </p>
            		
            <p class="content3">
               TSS - Total Suspended Solids
               
            </p>
            		
            <p class="incr2">
               (21)
               
            </p>
            		
            <p class="content3">
               U.S.C. - United States Code
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 1, 8-19-13)
               
            </p></div>