Section 46. - Prohibited discharge standards.

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.

The discharge of any wastewater, including contaminated storm water, spillage, and clean-up water is prohibited, except through one (1) of the following procedures:

(1)

Permitted discharge to the POTW with proper connection;

(2)

Direct discharge with a NPDES permit; or

(3)

Off-site disposal by a company licensed to dispose of wastewater.

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, wastestreams with a closed cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21.

Materials specifically prohibited from discharge into the POTW include gasoline, kerosene, naphtha, fuel oil, used antifreeze, solvents, benzene, toluene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfates, and any others as may be prescribed by the director.

(2)

Solid or viscous substances in amounts which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW.

(3)

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

(4)

Any wastewater or waste having a pH lower than 5.0 or higher than 12.5 at any time, or having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the POTW.

(5)

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.

(6)

Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the influent to the treatment plant to exceed 104° F (40° C).

(7)

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.

(8)

Any trucked or hauled pollutants, except at discharge points designated by the director in accordance with Section 56 of this resolution.

(9)

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.

(10)

Any substance which may cause the POTW's effluent or any other product of the POTW such 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 or Section 503 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.

(11)

Any wastewater or waste which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes, paint waste, and 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.

(12)

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

(13)

Storm water, rainwater, groundwater, street drainage, roof top drainage, basement drainage, subsurface drainage or yard drainage, unless specifically authorized by the director.

(14)

Any sludges, screenings or other residues from the pretreatment of waters or wastewaters or industrial wastes.

(15)

Any waste, wastewater, or any other substance discharged directly into a manhole, clean-out pipe, or other opening in a sanitary sewer other than through an approved building sewer without prior designation by the director as an approved point of discharge.

(16)

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

(17)

Any hazardous waste except as specifically authorized by the director.

(18)

Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B .0200.

(19)

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

(20)

Wastes containing any toxic or poisonous substances in sufficient quantity:

a.

To interfere with the biological processes used in a sewage treatment system, singularly or in combination.

b.

Which, singularly or in combination with other liquid wastes, upon passing through a sewage treatment plant, will be harmful to persons, livestock or aquatic life utilizing the receiving streams into which water from a sewage treatment plant is discharged.

(21)

Water or wastes which require excessive quantities of chemicals for stabilization in addition to biological treatment.

(22)

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

(23)

Waste which causes two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) to be more than five (5) percent, or which causes any single reading to be over ten (10) percent of the lower explosive limit (LEL) of the meter.

(24)

Any medical wastes, except as specifically authorized by the director.

(25)

Any silver-rich solution from a photographic processing facility without treatment.

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.

When the director determines that a user is contributing to the POTW, any of the above listed substances in such amounts which may cause or contribute to interference of POTW operation or pass through, the director shall take appropriate action in accordance with Section 102 herein to protect the POTW from interference or pass through.

(Res. of 6-9-03(2); Res. of 11-14-11)

Section 47. - National categorical pretreatment standards.

Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR, Chapter 1, Subchapter N, Parts 405-471, and incorporated herein, unless a stricter state or local limit applies. Any user subject to a categorical pretreatment standard is defined as a "significant industrial user" by definition and must apply for a wastewater discharge permit.

A.

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

B.

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

C.

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.

D.

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

E.

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

(Res. of 6-9-03(2); Res. of 11-14-11)

Section 48. - Legal requirements/local limits.

Users are governed by the provisions of this resolution, any provisions of state or federal law directly applicable to users, and a permit if the user falls within the category of users required to obtain a permit under Section 79 of this resolution. In case of conflict, the stricter of the above shall apply. Use of the wastewater system is preconditioned on a user's meeting these legal requirements, including the conditions of its permit.

The director may establish discharge limits in a permit that are user-specific and these limits may be more stringent than state standards or national categorical standards for a given pollutant. Such limits are developed by the director to ensure that a POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern. Under the authority of 40 CFR 403.4 and other applicable law, the director reserves the right to establish these limits as well as other limitations more stringent than state or federal law if deemed necessary to meet the objectives and the prohibitions of this resolution. The director may impose mass limits in addition to, or in place of, concentration-based limits.

Wastewater discharge permits are hereby subject to all provisions of this resolution, all other applicable federal, state and local pretreatment laws, regulations, rules including user fees and charges established by the commission regardless whether or not if such provisions are specifically set forth in the wastewater discharge permit. Compliance with an industrial user permit will not be a defense for a user's failure to comply with applicable federal, state or local requirements.

(Res. of 6-9-03(2))

Section 49. - Dilution.

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 national categorical pretreatment standards, or with limits in this resolution or in an industrial wastewater discharge permit, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the commission.

(Res. of 6-9-03(2))

Section 50. - POTW system/equipment damage.

It shall be unlawful for any person to:

A.

Remove, damage, or interfere with the functioning of any pipe, main manhole, manhole cover, building, apparatus, or equipment used in the collection, conveyance or treatment of sewage or industrial waste.

B.

Place or cause to be placed in any manhole or sewer pipe or main any material which results, or is likely to result, in the stopping or obstructing of the normal flow of septage or wastes.

C.

Place or cause to be placed on any manhole, sewer pipe, or main any material which will change the amount of cover material over said pipe, sewer main, or manhole without prior written permission from the director.

D.

No person shall intentionally or negligently break, damage, destroy, uncover, deface, tamper with, or remove any equipment, structure, or appurtenances which are a part of the POTW system. This includes any equipment used by the industrial waste control section for the purposes of making waste examinations and waste flow measurements or monitoring and left upon the premises of a person discharging wastes into the sanitary sewer system. Only persons authorized by the director will be allowed to uncover, adjust, maintain, and remove such city equipment and materials. Any person violating this provision shall be liable to penalties provided for in this resolution.

(Res. of 6-9-03(2))

Section 51. - Pretreatment of wastewater.

A.

Pretreatment facilities. Users shall provide wastewater treatment to comply with this resolution and wastewater permits issued under this resolution and shall achieve compliance with all national categorical pretreatment standards, and permit limits within the time limitations as specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. An authorization to construct permit shall be obtained prior to construction. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the director and shall be, reviewed and approved in accordance with the provisions of 15A NCAC 2H .0906 (b)(6). 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 utility commission under the provisions of this resolution. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and accepted in writing by the director prior to the user's initiation of the changes. All pretreatment systems or devices shall be subject to periodic inspection by the city.

B.

Additional pretreatment measures.

(1)

Whenever deemed necessary, the 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 domestic sewage wastestreams from industrial wastestreams, and follow such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this resolution.

(2)

The 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 or pollutant concentration. An industrial wastewater discharge permit may be issued solely for flow equalization.

(3)

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

(4)

All food service establishments shall install and maintain a grease interceptor in accordance with the grease control policy as set forth by the utility commission.

C.

Sludge documentation. The transportation and/or disposal of sludges generated by pretreatment shall be subject to applicable federal, state, and local regulations. The industrial user shall be responsible for documenting the transportation and/or disposal of all pretreatment sludges. Manifest and other documentation shall be kept for a minimum of three (3) years and shall be made available to the director upon request.

(Res. of 6-9-03(2))

Section 52. - Accidental discharge/slug control plans.

A.

The 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 Section 2. All SIUs must be evaluated within one (1) year of being designated an SIU. The director may require any user to develop, submit for approval, and implement such a plan or other specific action. Alternatively, the director may develop such a plan for any user.

B.

All SIUs are required to notify the director 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 90 and 91.

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 director of any accidental or slug discharge, as required by Section 91 of this resolution; 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 run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 53. - Precedence of other legislation.

Upon the promulgation of federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent that state or local limitations, shall immediately supersede all other limitations imposed under this resolution. In any case, the most stringent limitation shall apply.

(Res. of 6-9-03(2))

Section 54. - Oil and sand interceptors.

Oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of oil (petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin) 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 commission and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, maintained, cleaned, and repaired regularly, as needed, by the user at their expense. The user shall be responsible for maintaining records (manifest) detailing the dates of service, quantity of waste removed, end disposal site of waste, and hauler. These records shall be kept on site at the user's location and subject to the director's review without prior notification.

(Res. of 6-9-03(2))

Section 55. - Food service establishments.

All food service establishments shall comply with the grease control policy as set forth by the utility commission.

(Res. of 6-9-03(2))

Section 56. - Septic tank contractors.

A.

It shall be unlawful to empty, dump, throw or otherwise discharge into any manhole, catch-basin or other opening into the sewer system, or any sewer connected with and discharging into the collection facilities, the contents of any septic tank or chemical toilet, sludge, wastewater or other similar matter or material, except as provided in subparagraph B. of this section.

B.

The director is hereby authorized to issue permits to discharge the contents of septic tanks or chemical toilets at locations specified by him and under his supervision, provided that such permits shall be limited to the discharge of domestic septage. Domestic septage is defined as the liquid or solid material removed from a septic tank, cesspool, portable toilet or similar treatment works receiving only domestic sewage. Domestic sewage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works receiving either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant. The permits may be revoked at any time if, in his opinion, continued discharge of that matter will be injurious to the POTW, or if any provisions of ordinances regulating such discharges are violated by the permittee. Permits shall include provisions, standards, and requirements to be met by the contractor.

C.

Septage wastewater from outside of Forsyth, Davie, Davidson, Guilford, Stokes, Rockingham, Surry and Yadkin counties will not be accepted for disposal unless specifically authorized by the director.

D.

Any person who hauls wastewater or employs others to haul wastewater to a municipal sewer system shall be referred to as contractors. Contractors may be permitted to empty domestic septage into the POTW designated to receive such waste only at locations designated by the director. Septic tank discharges shall not contain grease trap wastes, storm water, or industrial waste. The contractors are subject to the following conditions:

1.

Contractors must apply for and be permitted by the City of Winston-Salem and the North Carolina Division of Solid Waste Management, Septage Management Branch as required under G.S. 130A, prior to pumping, hauling and discharging into the POTW.

2.

Wastewater discharged by a contractor into the POTW shall not violate Section 46 of this resolution or any other requirements established by the commission.

3.

Contractors must submit an accurate, complete and signed waste-tracking form for every load. This form shall include, at a minimum, the name and address of the septage contractor, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall certify that the waste is domestic septage and contains no industrial, commercial, or grease trap waste. All forms shall be approved by the director.

4.

Contractors shall supply, with every load of septage, a representative sample of the waste, if requested.

5.

The director may require the contractor to provide and/or pay for any laboratory tests necessary to verify that the hauled wastewater complies with the requirements of this section.

6.

Contractors shall display decals or lettering on each side of every pumper vehicle operated by the contractor. The decals or lettering shall include the name, address (town name), phone number, and septage management firm permit number. Each truck shall include a septage management permit identifier number. All decals or lettering on the pumper vehicle shall be no less than three (3) inches in height and plainly visible. Identification shall be permanently attached (i.e. no removal signs).

7.

Each contractor shall be responsible for the cleanliness and safety practices at the point of disposal. The contractor shall discharge wastes in such a manner as to keep the area clean from spills or other debris. The contractor shall promptly clean up any spills.

8.

Any contractor violating any condition of this section shall be subject to the enforcement actions as outlined in article IX of this resolution.

9.

Contractors shall provide any information as requested by the director to ascertain compliance with the requirements of this resolution.

10.

No permit or fee shall be required to discharge domestic waste from a recreation vehicle holding tank provided such discharge is made at approved site at the Elledge Wastewater Treatment Facility.

11.

Contractors shall pay such fees as required in Section 125 and 128 of this resolution. The director may revoke the permit at any time for failure to pay sewer charges.

12.

Upon failure to maintain structures in a proper condition of cleanliness, failure to have currently valid documents from the pertinent government agency, failure to pay charges due to the commission as herein provided, or failure to abide by all of the requirements of this resolution, the commission may deny a contractor permission to dispose of septic tank sludge and waste from chemical toilets into the municipal sewer system. The commission will notify the pertinent government agency of such denial of permission to any contractor.

(Res. of 6-9-03(2); Res. of 11-14-11)

Section 57. - Grease contractors

A.

As used herein, a grease contractor shall mean any person or company who is contracted by a food service establishment specifically for the purpose of pumping and/or hauling grease shall be referred to as a grease contractor.

B.

It shall be unlawful for a grease contractor to empty, dump or otherwise discharge into any manhole, catch basin, grease interceptor, sewer clean-out or other opening into the sewer system.

C.

Contractors shall display decals or lettering on each side of every pumper vehicle operated by the contractor. The decals or lettering shall include the name, address (town name), phone number, and septage management firm permit number. Each truck shall include a septage management permit identifier number. All decals or lettering on the pumper vehicle shall be no less than three (3) inches in height and plainly visible. Identification shall be permanently attached (i.e. no removal signs).

D.

Contractors shall provide any information as requested by the director to ascertain compliance with the requirements of this resolution.

E.

Grease contractors must be permitted by the North Carolina Division of Solid Waste Management Branch, as required under G.S. 130A, prior to pumping or hauling grease.

F.

Grease contractors shall remove the entire contents of the grease interceptor including floatable materials, wastewater, sludge, and solids. Separation, decanting or back flushing of the grease interceptor or its waste is strictly prohibited. Failure to remove the contents or comply with paragraph F shall subject a grease contractor to a minimum penalty of one thousand dollars ($1,000.00) for each offense with the amount being doubled with each incident, up to a maximum of twenty-five thousand dollars ($25,000.00) per incident.

G.

Wastes removed from each grease interceptor shall be disposed of at a grease disposal facility permitted to receive such wastes by the North Carolina Division of Solids Waste Management.

H.

Grease contractors shall submit a monthly manifest form, or other such form as approved by the director, to the industrial waste control section. The manifest or approved form shall be signed by the grease contractor certifying the accuracy of the information on the manifest. The manifest shall include, at a minimum, the name, location, date and time of the facility serviced; the volume of the interceptor; and the disposal date, time, and location.

I.

Notwithstanding paragraph F above, any grease contractor found to be in violation of this resolution may be assessed civil penalties of up to twenty-five thousand dollars ($25,000.00) per day per violation and or any other enforcement remedy in accordance with Section 103 herein.

(Res. of 11-14-11)

Section 58—75. - Reserved.