ARTICLE IV. - SEWER SERVICE

Part of the Code of Ordinances of Ridgeland, SC.

Local law · Updated January 5, 2023 · 735 sections

The text

DIVISION 1. - GENERALLY#

Secs. 34-157—34-180. - Reserved.#

DIVISION 2. - PRIVATE SEWAGE DISPOSAL SYSTEM#

Sec. 34-181. - Public sewer not available.#

Where a public sanitary sewer is not available under provisions of section 34-22, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-182. - Permit required; application; fee.#

Before the commencement of construction of a private sewage disposal system other than a septic tank, privy, privy vault or cesspool for a single-family dwelling, the owner shall first obtain written approval signed by the town or the county health department. The application for the permit shall be made in writing by the applicant and shall include any plans, specifications and other information as is deemed necessary by the town. A permit and inspection fee shall be paid to the town at the time the application for a permit is filed.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-183. - Inspection.#

A permit for private sewage system shall not become effective until the installation is completed to the satisfaction of the town. The town shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the town when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-184. - Compliance.#

The type, capacities, location and layout of a private sewage system shall comply with all recommendations of the state department of health and environmental control. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-185. - Operated at owner's expense.#

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-186. - Availability of public sewer.#

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 34-184, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned, cleaned of sludge and filled with clean bank run gravel or dirt within 60 days of notification to do so by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-187. - Additional requirements not nullified.#

No statement contained in this article shall be construed to nullify any additional requirements that may be imposed by the appropriate state or county health officer.

(Ord. No. 01-2022, Att., 1-6-2022)

Secs. 34-188—34-207. - Reserved.#

DIVISION 3. - PROHIBITED DISCHARGES; PRETREATMENT#

Sec. 34-208. - Purpose and policy.#

This division sets forth uniform requirements for users of the publicly owned treatment works for the Town of Ridgeland and enables the town to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code (U.S.C.) section 1251 et seq.) the General Pretreatment Regulations 40 CFR Part 403, and the South Carolina Pretreatment Regulations S.C. Code 1976, § 61-9.403 general pretreatment regulations for existing and new sources of pollution. The objectives of this division are: (1)

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2)

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3)

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4)

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5)

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6)

To enable the town to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This division shall apply to all users of the publicly owned treatment works. The ordinance authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(Ord. No. 01-2022, Att., 1-6-2022)

Editor's note— Ord. No. 01-2022, Att., adopted January 6, 2022, set out provisions intended for use as § 34-209. Inasmuch as there were already provisions so designated, said section has been codified herein as § 34-208 at the discretion of the editor.

Sec. 34-209. - Administration.#

Except as otherwise provided herein, the director of public works shall administer, implement, and enforce the provisions of this division. Any powers granted to or duties imposed upon the director of public works may be delegated by the director to a duly authorized town employee or duly authorized consultant.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-210. - Definitions.#

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated.

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

Approval authority means the approval authority in South Carolina of the department of health and environmental control.

Authorized or duly authorized representative of the user means: (1)

If the user is a corporation:

The president, secretary, treasurer, 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

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other 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 individual wastewater discharge permit (or general permit (optional)) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

The individuals described in subsections a. through c., above, may designate a duly 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 town.

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

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this division. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR chapter I, subchapter N, parts 405-471.

Categorical industrial user means an industrial user subject to a categorical pretreatment standard or categorical standard.

Chemical oxygen demand or COD means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

Control authority means the Town of Ridgeland, South Carolina.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Director of public works or director means the person designated by the town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this division. The term also means a duly authorized representative of the director.

Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

Existing source means any source of discharge that is not a "new source."

Grab sample means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the town NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Local limit means specific discharge limits developed and enforced by the Town upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and the general and specific discharge prohibitions listed in S.C. Code 1976, § 61-9.403.

Medical waste means 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.

Monthly average means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly average limit means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

New source means: (1)

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 pretreatment standards under section 307(c) of the act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

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

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

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 subsections (1)b. or c. above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous onsite construction program

any placement, assembly, or installation of facilities or equipment; or

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

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 paragraph.

Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town's NPDES permit, including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, copartnership, 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 governmental entities.

PH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pretreatment means 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards means pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in this division.

Publicly owned treatment works or POTW means a treatment works, as defined by section 212 of the act (33 U.S.C. section 1292), which is owned by the town. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).

Significant industrial user (SIU) means

Except as provided in paragraphs (3) and (4) of this section, a SIU is: (1)

An industrial user subject to categorical pretreatment standards; or

(2)

An industrial user that:

Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

Upon a finding that a user meeting the criteria in subsection (2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a SIU.

Significant noncompliance (SNC) means the term significant noncompliance shall be applicable to all SIUs (or any other industrial user that violates paragraphs (C), (D) or (H) of this section) and shall mean: (1)

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 taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in this division;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in this division, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement as defined by this division (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director 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;

(4)

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s), which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.

Slug load or slug discharge means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this division. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

Storm water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Town means the Town of Ridgeland, South Carolina or the town council of Ridgeland, SC.

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

User or industrial user means a source of indirect discharge.

Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-212. - Abbreviations.#

The following abbreviations, when used in this division, shall have the designated meanings:

BOD — Biochemical oxygen demand

BMP — Best management practice

BMR — Baseline monitoring report

CFR — Code of Federal Regulations

CIU — Categorical industrial user

COD — Chemical oxygen demand

EPA — U.S. Environmental Protection Agency

gpd — Gallons per day

IU — Industrial user

mg/l — Milligrams per liter

NOV — Notice of violation

NPDES — National Pollutant Discharge Elimination System

O&M — Operation and maintenance

POTW — Publicly owned treatment works

RCRA — Resource Conservation and Recovery Act

SIU — Significant industrial user

SNC — Significant noncompliance

TSS — Total suspended solids

U.S.C. — United States Code

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-213. - Prohibited discharge standards.#

(a)

General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant cannot meet the requirements of other state or federal agencies having jurisdiction over discharge to the receiving waters.

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the town, that the wastes can harm either the sewers, sewage treatment process, or equipment having an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.

(b)

Specific prohibitions. No user shall introduce or cause to be introduced 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 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;

(2)

Wastewater having a pH less than six SU or more than 12 SU, or otherwise causing corrosive structural damage to the POTW or equipment. No user is allowed to discharge a pH above nine unless specified in an industrial wastewater discharge permit;

(3)

Solids or viscous substances in quantities or of such size capable of causing obstruction in the flow of sewage or other interference to the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, hair and fleshings or entrails, either whole or ground by garbage grinders.

(4)

Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

(5)

Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);

(6)

Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. The level of petroleum oil shall not exceed 100 mg/L unless otherwise set forth in an industrial wastewater discharge permit;

(7)

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. Any water or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the receiving waters past the sewage treatment works;

(8)

Trucked or hauled pollutants, except at discharge points designated by the director in accordance with this division;

(9)

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

(10)

Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the town's NPDES permit;

(11)

Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

(12)

Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, and swimming pool drainage, unless specifically authorized by the director;

(13)

Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(14)

Medical wastes, except as specifically authorized by the director in an individual wastewater discharge permit;

(15)

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

(16)

Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW;

(17)

Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l unless specifically authorized by the director in an individual wastewater discharge permit;

(18)

Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than five percent or any single reading over ten percent of the lower explosive limit of the meter.

(19)

Unusual volume of flow or concentration of wastes constituting slugs as defined herein;

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-214. - National categorical pretreatment standards.#

Users must comply with the categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405-471. (1)

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 subsections (5) and (6) in this section. The equivalent limits must be approved by SCDHEC.

(2)

When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(3)

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 in accordance with 40 CFR 403.6(e).

(4)

A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with the following paragraphs of this section.

Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with this section. Any industrial user wishing to obtain credit for intake pollutants must make application to the town. Upon request of the industrial user, the applicable standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of subsection (2) of this section are met.

Criteria.

Either (i) The applicable categorical pretreatment standards contained in 40 CFR subchapter N specifically provide that they shall be applied on a net basis; or (ii) The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the industrial user demonstrates that the constituents of the generic measure in the user's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent value. Additional monitoring may be necessary to determine eligibility for credits and compliance with standard(s) adjusted under this section.

Credit shall be granted only if the user demonstrates that the intake water is drawn from the same body of water as that into which the POTW discharges. The town may waive this requirement if it finds that no environmental degradation will result.

(5)

When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the town convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the director but must be approved by SCDHEC. The town may establish equivalent mass limits only if the industrial user meets all the conditions set forth in subsections (5)a.1. through (5)a.5. below.

To be eligible for equivalent mass limits, the industrial user must:

Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its individual wastewater discharge permit;

Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

Provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and

Have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.

An industrial user subject to equivalent mass limits must:

Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

Continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device;

Continue to record the facility's production rates and notify the director whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in subsection (6) of this section. Upon notification of a revised production rate, the director will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and

Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (5)a.1. of this section so long as it discharges under an equivalent mass limit.

When developing equivalent mass limits, the director:

Will calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

Upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and

May retain the same equivalent mass limit in subsequent individual wastewater discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to this division. The industrial user must also be in compliance regarding the prohibition of bypass as set forth in this division.

(6)

The director may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the director.

(7)

Once included in its permit, the industrial user must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(8)

Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(9)

Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the director of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-215. - State pretreatment standards.#

Users must comply with South Carolina Pretreatment Regulations codified at S.C. Code 1976, § 61-9.403, general pretreatment regulations for existing and new sources of pollution.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-216. - Local limits.#

(a)

The director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

(b)

No local limits have been developed. The town reserves the right to develop local limits in the future if necessary. The local limits will be adopted with the pretreatment program updates as required by the approval authority and will be put on public notice with these program updates.

The local limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The director may impose mass limitations in addition to the concentration-based limitations above.

(c)

The director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of this division.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-217. - Town's right of revision.#

The town reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this division.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-218. - 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 a discharge limitation. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-219. - Pretreatment of wastewater.#

(a)

Pretreatment facilities. Users shall provide wastewater treatment as necessary to comply with this division and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this division within the time limitations 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. Detailed plans describing such facilities and operating procedures shall be submitted to the town for review, and shall be acceptable to the town before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the town under the provisions of this division.

The user must submit a construction permit application for the pretreatment facility and submit to SCDHEC. SCDHEC must issue a construction permit for the pretreatment facility if required by S.C. Code regulations. If a construction permit is issued for a pretreatment facility, then a permit to operate must be obtained at the end of construction. The user must notify the town of the permit to operate inspection so the town may be present. A copy of the construction permit and the permit to operate must be provided to the town.

(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 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 division.

(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. An individual 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 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 a type and capacity approved by the town, shall comply with the town's oil and grease management ordinance, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with the town's oil and grease management ordinance by the user at their expense.

(4)

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

(c)

Accidental discharge/slug discharge control plans. The director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

(1)

Description of discharge practices, including nonroutine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the town of any accidental or Slug Discharge, as required by this division; 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. 01-2022, Att., 1-6-2022)

Sec. 34-220. - Industrial wastewater discharge permits.#

(a)

Wastewater analysis. When requested by the town, a user must submit information on the nature and characteristics of its wastewater within 45 days of the request unless specified differently in an industrial wastewater discharge permit. The town is authorized to prepare a form for this purpose and may periodically require users to update this information.

(b)

Individual wastewater discharge permit requirement.

(1)

No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the town, except that a SIU that has filed a timely application pursuant to this division may continue to discharge for the time period specified therein.

(2)

The town may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this division.

(3)

Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this division and subjects the wastewater discharge permittee to the sanctions set out in this division. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(c)

Individual wastewater discharge permitting—Existing connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this division and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Town for an individual wastewater discharge permit in accordance with this division, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this division except in accordance with an individual wastewater discharge permit issued by the town.

(d)

Individual wastewater discharge permitting—New connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with this division, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.

(e)

Individual wastewater discharge permit application contents.

(1)

All users required to obtain an individual wastewater discharge permit must submit a permit application. The town may require users to submit all or some of the following information as part of a permit application:

Identifying Information.

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

Contact information, description of activities, facilities, and plant production processes on the premises;

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

Description of operations.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and 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.

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

Number and type of employees, hours of operation, and proposed or actual hours of operation;

Type and amount of raw materials processed (average and maximum per day);

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

Time and duration of discharges;

The location for monitoring all wastes covered by the permit;

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 wastestream formula set out in (40 CFR 403.6(e)).

Measurement of pollutants.

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the 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 this division. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

Sampling must be performed in accordance with procedures set out in this division.

Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on 40 CFR 403.12(e)(2). All waivers must be submitted to SCDHEC for approval and must be approved by SCDHEC prior to implementation.

Any other information as may be deemed necessary by the town to evaluate the permit application.

(2)

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(f)

Application signatories and certifications.

(1)

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in as set forth in this division.

(2)

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 written authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

(g)

Individual wastewater discharge permit decisions. The town will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete permit application, the director will determine whether to issue an individual wastewater discharge permit. The director may deny any application for an individual wastewater discharge permit.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-221. - Individual wastewater discharge permit issuance.#

(a)

Individual wastewater discharge permit duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the town. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

(b)

Individual wastewater discharge permit contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the town to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(1)

Individual wastewater discharge permits must contain:

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

A statement that the wastewater discharge permit is nontransferable without prior notification to the town in accordance with this division, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

Effluent limits, including best management practices, based on applicable pretreatment standards;

Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law.

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with this division.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.

Requirements to control slug discharge, if determined by the town to be necessary.

Any grant of the monitoring waiver by the town must be included as a condition in the user's permit and must be approved by SCDHEC.

(2)

Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

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

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

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

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

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

A statement that compliance with the individual wastewater discharge 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 term of the individual wastewater discharge permit; and

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

(c)

Permit issuance process.

(1)

Public notification. The town will publish in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, a notice to issue a pretreatment permit, at least 60 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted. This public notification will be waived if the permit was included in a pretreatment program update submittal that was put on public notice by the approval authority.

(2)

Permit appeals. The director shall provide public notice of the issuance of an individual wastewater discharge permit. Any person, including the user, may petition the town to reconsider the terms of an individual wastewater discharge permit within 30 days of notice of its issuance.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.

The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.

If the director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with the court system with jurisdiction for the town as allowed by the laws of South Carolina.

(d)

Permit modification. The director may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

(3)

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4)

Information indicating that the permitted discharge poses a threat to the town's POTW, town personnel, POTW's beneficial sludge use, POTW's land application of effluent wastewater or the receiving waters;

(5)

Violation of any terms or conditions of the individual wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8)

To correct typographical or other errors in the individual wastewater discharge permit; or

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with this division.

(e)

Individual wastewater discharge permit transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the director and the director approves the individual wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

(f)

Individual wastewater discharge permit revocation. The director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

Failure to notify the director of significant changes to the wastewater prior to the changed discharge;

(2)

Failure to provide prior notification to the director of changed conditions pursuant to this division;

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4)

Falsifying self-monitoring reports and certification statements;

(5)

Tampering with monitoring equipment;

(6)

Refusing to allow the director timely access to the facility premises and records;

(7)

Failure to meet effluent limitations;

(8)

Failure to pay fines;

(9)

Failure to pay sewer charges or pretreatment charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.

(g)

Individual wastewater discharge permit reissuance. A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with this division, a minimum of 180 days prior to the expiration of the user's existing individual wastewater discharge permit.

(h)

Regulation of waste received from other jurisdictions.

(1)

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the director shall enter into an intermunicipal agreement with the contributing municipality.

(2)

Prior to entering into an agreement required by the above paragraph, the director shall request the following information from the contributing municipality:

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

Such other information as the director may deem necessary.

(3)

An intermunicipal agreement, as required by paragraph above, shall contain the following conditions:

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this division and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in this division. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the town's ordinance. The contributing municipality's sewer use ordinance or regulation must give the town permission to regulate the users in their jurisdiction;

A requirement for the contributing municipality to submit to the town the information concerning a new user at least 60 days prior to connection of the user. A requirement for the contributing municipality to provide a list of users prior to connection with the town or within 60 days of adoption of this section;

A provision allowing the town to regulate the users in the contributing municipality concerning pretreatment as set forth in this division. This governance shall include individual wastewater discharge permit issuance as required, inspection and sampling, and enforcement. The contributing municipality can elect to have someone accompany the town personnel on any onsite visits with the users;

A requirement for the contributing municipality to provide the director with access to all information concerning the users of the system;

A requirement for the contributing municipality to provide the volume of the wastewater at the point where it discharges to the POTW;

Requirements for monitoring the contributing municipality's discharge if requested;

A provision ensuring the director or their representative access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the director; and

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-222. - Reporting requirements.#

(a)

Baseline monitoring reports.

(1)

Within either 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) and S.C. Code 1976, § 61-9.403, whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in the paragraph below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in the paragraph 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.

(2)

Users described above shall submit the information set forth below.

All information required in the individual wastewater discharge permit application contents section of this division in compliance with 40 CFR 403.12(b)(1)-(7).

Measurement of pollutants.

The user shall provide the information required in individual wastewater discharge permit application contents section of this division concerning measurement of pollutants.

The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.

Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) and as regulated by S.C. Code 1976, § 61-9.403 to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) and as regulated in S.C. Code 1976, § 61-9.403 this adjusted limit along with supporting data shall be submitted to the control authority;

Sampling and analysis shall be performed in accordance with this division;

The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

Compliance certification. A statement 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.

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 must be provided. 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 the compliance schedule progress reports section of this division.

Signature and report certification. All baseline monitoring reports must be certified in accordance with certification statements section of this division and signed by an authorized representative in this division.

(b)

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by the above section of this division:

(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 months;

(3)

The user shall submit a progress report to the director no later than 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 months elapse between such progress reports to the director.

(c)

Reports on compliance with categorical pretreatment standard deadline. Within 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 director a report containing the information described in the individual wastewater discharge permit application section (flow information and measurement of pollutants only) of this division and the baseline monitoring report section (measurement of pollutants only) of this division. For users subject to equivalent mass or concentration limits established in accordance with the procedures in this division, 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 the certification statement section of this division. All sampling will be done in conformance with sampling section of this division.

(d)

Periodic compliance reports.

(1)

All permitted industrial users must, at a frequency determined by the director submit no less than twice per year (June and December unless otherwise set forth in an individual wastewater discharge permit) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

(2)

The town may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. (see 40 CFR 403.12(e)(2) and the S.C. Code 1976, § 61-9.403) This authorization is subject to the following conditions:

The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.

In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.

The request for a monitoring waiver must be signed in accordance by an authorized representative as defined in this division, and include the certification statement found in the certification statements section of this division.

Nondetectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Any grant of the monitoring waiver by the director must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the director for three years after expiration of the waiver.

Upon approval of the monitoring waiver by the town and by SCDHEC and revision of the user's permit by the director, the industrial user must certify on each report with the certification statement in the certifications statements section of this division, that there has been no increase in the pollutant in its wastestream due to activities of the industrial user.

In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately: comply with the monitoring requirements set forth in the individual wastewater discharge permit, or other more frequent monitoring requirements imposed by the director, and notify the director.

This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.

(e)

Reports of changed conditions. Each user must notify director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 60 days before the change.

(1)

The 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 this division.

(2)

The director may issue an individual wastewater discharge permit under this division or modify an existing wastewater discharge permit under this division in response to changed conditions or anticipated changed conditions.

(f)

Reports of potential problems.

(1)

In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the 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.

(2)

Within five days following such discharge, the user shall, unless waived by the 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 might 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 division.

(3)

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 above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

(4)

Significant industrial users (SIUs) are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

(g)

Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the director as the director may require.

(h)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the director within 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 director within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the town performs sampling at the user between the time when the initial sampling was conducted and the time when the user receives the results of this sampling.

(i)

Notification of the discharge of hazardous waste.

(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 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 discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days prior the discharge commencing. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted as required by this division. 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 this division.

(2)

Dischargers are exempt from the requirements of the paragraph above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of 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 regulations 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 Director, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 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 division, a permit issued thereunder, or any applicable federal or state law.

(j)

Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by EPA. Wastewater samples taken in South Carolina must be analyzed by a SCDHEC approved laboratory.

(k)

Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(1)

Except as indicated in the two paragraphs below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the town, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the town, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. See 40 CFR 403.12(g)(3)

(2)

Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(3)

For sampling required in support of baseline monitoring and 90-day compliance reports as required in this division, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by the periodic compliance reports section of this division (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(l)

Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are hand-delivered, the date of receipt is the day that the report is delivered to the town. The town must receive original signatures on all reports required by the pretreatment section of this division. A user may email a copy of the report to the town with a return receipt to satisfy the date of receipt for the report but the SIU must mail a hard copy of the report to the town as well.

(m)

Recordkeeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection, photographing, and copying, all records of information obtained pursuant to any monitoring activities required by this division, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under this division. Records shall include the date, exact place, method, time of sampling, flow for the sampling period to include flow totalizer readings if applicable, type of sampling (grab, time composite flow composite, etc.) 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 years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the director.

(n)

Certification statements.

(1)

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with this division; users submitting baseline monitoring reports under this division (Note: see 40 CFR 403.12 (l)); users submitting reports on compliance with the categorical pretreatment standard deadlines under this division (Note: see 40 CFR 403.12(d)); users submitting periodic compliance reports required by this division (Note: see 40 CFR 403.12(e) and (h)), and users submitting an initial request to forego sampling of a pollutant on the basis of the pollutants not present section of this division (Note: see 40 CFR 403.12(e)(2)(iii)). The following certification statement must be signed by an authorized representative as defined in this division:

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.

(2)

Certification of pollutants not present. Users that have an approved monitoring waiver based on this ordinance must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user. (Note: See 40 CFR 403.12(e)(2)(v))

Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CF ____________ (specify applicable national pretreatment standard part(s)), I certify that, to the best of my knowledge and belief, there has been no increase in the level o ____________ (list pollutant(s)) in the wastewaters due to the activities at the facility since filing of the last periodic report as required in this ordinance.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-223. - Compliance monitoring.#

(a)

Right of entry—Inspection and sampling. The director or their authorized representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any individual wastewater discharge permit or order issued hereunder. Users shall allow the director or their authorized representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination, photographing, and copying, and the performance of any additional duties.

(1)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director or their authorized representative shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(2)

The director or their authorized representative shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3)

The director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated once per calendar year to ensure their accuracy. The calibration must be performed by an outside contractor approved by the town. The town must approve the flow meter and any primary devices prior to installation. The appropriate flow measurement devices and methods consistent with approved scientific practices shall be selected and used to ensure accuracy and reliability of measurements of the volume of monitored discharges. Devices selected shall be capable of measuring flows with a maximum deviation of less than ten percent from true discharge rates throughout the range of expected discharge volumes.

(4)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5)

Unreasonable delays in allowing the director access to the user's premises shall be a violation of this division.

(6)

The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the town's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the town to perform independent monitoring activities. Flow proportional composite sampling will be required for all new sampling locations. Two flow proportional hook-up cables will be required to allow the town and the industry to sample at the same time.

(b)

Search warrants. If the director or their authorized representative 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 division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the town may seek issuance of a search warrant from the court having jurisdiction for the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-224. - Confidential information.#

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the town's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-225. - Publication of users in significant noncompliance (SNC).#

The town shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. This publication shall be done during the first quarter of the new year for the previous year.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-226. - Administrative enforcement remedies for pretreatment.#

(a)

Notice of violation. When the director finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within ten days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. If the user has already submitted an explanation for the violation with the self-monitoring report, a response to the notice of violation may not be required. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(b)

Informal enforcement meeting. The town may order a user which has violated any part of this division, an individual wastewater discharge permit or order issued hereunder to appear before the town to discuss proposed enforcement actions and the required timeframes to perform corrective actions. The user may bring any information concerning the violations and may bring technical support if necessary to these meetings. The informal enforcement will be used to work with the industry to address compliance issues. The notice of the meeting shall be given to the industry at least 15 days prior to the meeting. The informal enforcement meeting will be used to allow the user to work with the town to address any compliance issues. Should the informal meeting not resolve the issue then the town will escalate enforcement as set forth in this division.

(c)

Consent orders. The town may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this division and shall be judicially enforceable.

(d)

Show cause hearing. The director may order a user which has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the town and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined and required by this division. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(e)

Compliance orders. When the director finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(f)

Cease and desist orders. When the director finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(g)

Administrative fines.

(1)

When the director finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount not to exceed $2,000.00 per day per violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2)

Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty as set by the town. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

(3)

Users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(h) Emergency suspensions. The director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, the effluent land application system, or which presents, or may present, an endangerment to the environment. (1)

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in this division are initiated against the user.

(2)

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under this division.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(i)

Termination of discharge. In addition to the provisions in the individual wastewater discharge permit revocation section of this division, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of individual wastewater discharge permit conditions;

(2)

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

(3)

Unpermitted discharge(s) which violate the town treatment plant's NPDES permit, or which create a situation in which the discharge threatens human health, the environment, or the operation of the treatment plant;

(4)

Discharges that regularly exceed the industrial wastewater discharge permit limits or permit conditions;

(5)

Slug loads or discharge that causes interference, pass through, or damage to human health, the environment, or the treatment plant, or results in the treatment plant violating its NPDES permit limits;

(6)

Failure of the industrial user to notify the town of permit violations or slug discharge which resulted in environmental damage, causes the NPDES permit violations, or damages the town sewer system;

(7)

Complete failure of the industrial user to sample, monitor, or report as required by in this division;

(8)

Failure of the industrial user to install required monitoring equipment as required by this division;

(9)

Major violation of a permit condition or ordinance requirement accompanied by evidence of negligence or intent;

(10)

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

(11)

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

(12)

Violation of the pretreatment standards in this division.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under the show cause hearing section of this division why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-227. - Judicial enforcement remedies.#

(a)

Injunctive relief. When the director finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the court with jurisdiction for the area through the town's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(b)

Civil penalties.

(1)

A user who has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the town for a maximum civil penalty of up to $2,000.00 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2)

The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.

(3)

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4)

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(c)

Criminal prosecution.

(1)

A user who willfully or negligently violates any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine up to $2,000.00 per violation, per day, or imprisonment as set forth in the laws of South Carolina, or both.

(2)

A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of violation of the laws of South Carolina and be subject to a penalty of up to $2,000.00 per violation per day, or be subject to imprisonment as set for in the laws of South Carolina, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3)

A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of up to $2,000.00 per violation, per day, or imprisonment as set forth in the laws of South Carolina, or both.

(4)

In the event of a second conviction, a user shall be punished by a fine up to $2,000.00 per violation, per day, or imprisonment as set forth in the laws of South Carolina, or both.

(d)

Remedies nonexclusive. The remedies provided for in this division are not exclusive. The 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 town's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-228. - Supplemental enforcement action.#

(a)

Penalties for late reports. A penalty of up to $2,000.00 shall be assessed to any user for each day that a report required by this division, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the director to collect late reporting penalties shall not limit the director's authority to initiate other enforcement actions that may include penalties for late reporting violations.

(b)

Performance bonds. The director may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the town, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

(c)

Liability insurance. The director may decline to issue or reissue an individual wastewater discharge to any user who has failed to comply with any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(d)

Payment of outstanding fees and penalties. The director may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder.

(e)

Water supply severance. Whenever a user has violated or continues to violate any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

(f)

Public nuisances. A violation of any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of town ordinance governing such nuisances, including reimbursing the town for any costs incurred in removing, abating, or remedying said nuisance.

(g)

Informant rewards. The director may pay up to $500.00 for information leading to the discovery of noncompliance by a user. In the event that the information provided results in a civil penalty levied against the user, the director may disperse up to ten percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000.00.

(h)

Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the town. Existing contracts for the sale of goods or services to the town held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the director.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-229. - Affirmative defenses for discharge violations.#

(a)

Upset.

(1)

For the purposes of this section, upset means 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.

(2)

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of the following paragraph, below, are met.

(3)

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

An upset occurred and the user can identify the cause(s) of the upset;

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

The user has submitted the following information to the director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

A description of the indirect discharge and cause of noncompliance;

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(4)

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5)

Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

(6)

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.

(b)

Prohibited discharge standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions of this division or the specific prohibitions of this division 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 town was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(3)

The above affirmative defense does not apply to the prohibition for truck or hauled pollutants, the prohibition for pollutants which create a fire or explosive hazard, and the prohibition for a pH less than five SU or otherwise causing corrosive structural damage.

(c)

Bypass.

(1)

For the purposes of this section,

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

Severe property damage means substantial physical damage to property, damage to the 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.

(2)

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 the next two paragraphs of this section.

(3)

Bypass notifications.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.

A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the 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 director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(4)

Bypass.

Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

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

The user submitted notices as required under the bypass section above.

The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in this section.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-230. - Miscellaneous provisions.#

(a)

Pretreatment charges and fees. The town may adopt reasonable fees for reimbursement of costs of setting up and operating the town's pretreatment program, which may include:

(1)

Fees for wastewater discharge permit applications including the cost of processing such applications;

(2)

Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports and certification statements submitted by users;

(3)

Fees for reviewing and responding to accidental discharge procedures and construction;

(4)

Fees for filing appeals;

(5)

Fees to recover administrative and legal costs not covered above associated with the enforcement activity taken by the director to address IU noncompliance; and

(6)

Other fees as the town may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this division and are separate from all other fees, fines, and penalties chargeable by the town.

(7)

The town will adopt the pretreatment charges as needed with adoption of the budget for the town.

(b)

Severability. If any provision of this division is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-231. - Pretreatment fees.#

(a)

Standard fees. The town established fees for the reimbursement of costs of setting up and operating the pretreatment program which include:

(1)

A pretreatment program fee which is based on the flow that each significant industry discharges to the wastewater treatment plant. The fee shall be calculated monthly based on the daily flows submitted by each industry. If the industry does not have a flow meter, the charge will be based on daily water meter readings. Other methods of reporting the flow may be approved by the director and set forth in the individual wastewater discharge permits. The rate for the pretreatment charge will be $XX.XX per 1,000 gallons of wastewater discharged. The actual rate will be adopted as needed by the town council. A rate sheet is available upon request.

(2)

An administrative fee is established to cover the cost of generating the administrative paperwork for the pretreatment program. The fee will be $XX.XX per month. The administrative fee will be adopted as needed by the town council. A rate sheet is available upon request.

(3)

An end of the budget year summary will be performed within 90 days of the end of the budget year. This summary will determine the expenses for the pretreatment program for the past year in relation to the actual amount billed the industry. A settlement charge for each industry will be calculated based on the percentage of the industries flow into the total significant industrial flow for the treatment plant. The settlement charge will be billed with the monthly charges for the month following the end of the fiscal year.

(4)

All pretreatment charge will be billed monthly and are due within 30 days of the date of the invoice.

(5)

Failure to pay the pretreatment charges shall result in termination of sewer service.

(6)

These fees relate solely to the matters covered by this division and are separate from all other fees, fines, and penalties chargeable by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-232. - Excess loading surcharge.#

(a)

The town established excess loading surcharges for the reimbursement of costs of excess loading to the treatment plant which include:

(1)

A surcharge program for biochemical oxygen demand (BOD) will impose surcharges for excess industrial loading over 250 mg/L. The rate of the BOD surcharge will be $XX.XX per pound of excess BOD. The surcharge rate will be adopted as needed by the town council. A rate sheet is available upon request.

(2)

A surcharge program for chemical oxygen demand (COD) will impose surcharges for excess industrial loading over 750 mg/L. The rate of the COD surcharge will be $XX.XX per pound of excess COD. The surcharge rate will be adopted as needed by the town council. A rate sheet is available upon request.

(3)

A surcharge program for total suspended solids (TSS) will impose surcharges for excess industrial loading over 250 mg/L. The rate of the TSS surcharge will be $XX.XX per pound of excess TSS. The surcharge rate will be adopted as needed by the town council. A rate sheet is available upon request.

(4)

A surcharge program for ammonia nitrogen (NH 3 -N) will impose surcharges for excess industrial loading over 25 mg/L. The rate of the ammonia nitrogen surcharge will be $XX.XX per pound of excess ammonia nitrogen. The surcharge rate will be adopted as needed by the town council. A rate sheet is available upon request.

(5)

The following formula will be used for calculating the surcharge for each pollutant:

Monthly Average for all monitoring (mg/L) — surcharge threshold (mg/L) x 8.34 x total flow for the month (MGD) x surcharge rate = surcharge amount

The total surcharge will include surcharges for all parameters over the threshold. An industry will not be charged both BOD and COD, the surcharge will be calculated for both BOD and COD and the industry will be charged the greater amount.

(Ord. No. 01-2022, Att., 1-6-2022)

Secs. 34-233—34-248. - Reserved.#

DIVISION 4. - REMOVAL, TRANSPORTATION AND DISPOSING OF SCAVENGER WASTES#

Sec. 34-249. - Hauled waste permit.#

(a)

Permit required; scavenger wastes defined.

(1)

Persons desiring to discharge scavenger wastes into the sewage treatment works shall be required to obtain a written permit from the town. The term "scavenger wastes" means putrid or offensive matter, the contents of all privies, septic tanks and cesspools. The town does not accept any hauled industrial wastewater unless an industrial wastewater discharge permit is issued for this approval.

(2)

The discharge of these hauled wastes shall be made only at a location in the sewage treatment works as shall be designated on the permit by the town. This disposal will only be allowed at such times as are established by the town.

(3)

The town also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this division.

(4)

No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable standards. The director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

(5)

Industrial 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 hauler, 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.

(b)

Permit application. All applicants for a permit shall furnish the following information with each application:

(1)

The name and address of applicant;

(2)

The volume of scavenger waste for each numbered vehicle;

(3)

The number of scavenger vehicles in collection service.

(c)

Permit; who may apply; suspension; revocation.

(1)

The applicant shall be the owner of the vehicle for which a permit is applied. Any false, untruthful or misleading statements in any application for a permit or in any paper submitted in support of the application will invalidate the permit.

(2)

Such a permit may be suspended or revoked at any time by the town for willful, continued or persistent violations of these rules and regulations or upon such other grounds as the town may deem proper.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-250. - Admittance of wastes into sewerage system.#

Scavenger wastes will be admitted into the sewerage system only by approval of the town and subject to payment of fees or charges fixed by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-251. - Equipment used for collection and/or transportation.#

All equipment (trucks, tanks, pumps, and hose) used for the collection and/or transportation of scavenger wastes shall be modern equipment in good repair. When more than one vehicle is used by an applicant, each vehicle shall bear an identifying number. The town shall refuse a permit to any person utilizing equipment other than above.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-252. - Fees determined by town council.#

All fees provided by this chapter shall be determined by the town council.

(Ord. No. 01-2022, Att., 1-6-2022)

Secs. 34-253—34-282. - Reserved.#

DIVISION 5. - WASTEWATER SYSTEM AID-TO-CONSTRUCTION FEES#

Sec. 34-283. - Required; assessment.#

(a)

All new connections to the town wastewater system shall pay an aid-to-construction fee in addition to the existing connection fees.

(b)

Existing connections to the system which have not been in service for a period of six months, or reconnections where the new use will generate ten percent more sewage than the previous use shall be considered a new connection and shall be subject to the assessment of an aid-to-construction fee.

(c)

Aid-to-construction fees shall be assessed based on the estimated average daily wastewater flow of the customer. The average daily wastewater flow shall be determined by the town administrator or the town's consulting engineer based on the latest edition of the state department of health and environmental control's (DHEC) guidelines for unit contributory loading of wastewater treatment facilities, or based on historical flow data from similar facilities. The town reserves the right to accept or reject historical data. In the absence of acceptable historical data, the DHEC guideline shall be used. The town establishes the REU (residential equivalence unit) as 300 gallons per dwelling unit. This is based upon the DHEC guidelines.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-284. - Calculation of fee.#

The aid-to-construction fee is calculated based on the daily average water consumption pursuant to subsection 34-283(c). The rate will be based on the chart used by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-285. - Allocation of sewer treatment capacity.#

(a)

Fee. The fee shall be due and payable in full before the town will either certify the allocation of sewer treatment capacity or approve an application for sewer service; provided, however, that if the fee exceeds the sum of $10,000.00, then before the town will either certify the allocation of sewer treatment capacity or approve an application for sewer service, the connecting customer must pay in full to the town the first $10,000.00 of the fee and execute a written contract with the town providing for payment in full of the remaining balance of the fee (with interest thereon at the rate of prime plus two percent per year based on the date when the contract is executed), in consecutive monthly installments of principal and interest over a period not to exceed 24 months. The monthly installment will be no less than $100.00 per month.

(b)

Sewer capacity. The sewer capacity reserved by payment of the aid-to-construction fee is assigned to the property for which the application was made. The capacity may be conveyed with the property for which it has been assigned. In the event the customer wishes to assign the capacity or a portion of the capacity to another piece of property, the assignment of capacity must be agreed to in writing between the parties.

(c)

Utilization of sewer capacity.

(1)

The customer shall begin to utilize the capacity within 24 months of the date of payment of the aid-to-construction fee unless agreed to in writing between both parties at the time the aid-to-construction fee is paid. In the event that at the end of the 24-month grace period the assigned capacity is not being utilized, the town shall notify the customer of its intent to assess a user charge on the reserved but unutilized capacity based on the average daily usage or allocated capacity upon which the aid-to-construction fee was calculated. The average daily usage shall be multiplied by the number of days in the billing period resulting in a cumulative usage for the billing period. The cumulative usage figure shall be assessed at the user charge in place at the time of the assessment based on the following schedule:

Months one—12 following the grace period: 50 percent of the allocated capacity;

Months 13—24 following the grace period: 75 percent of the allocated capacity;

Months 24 and greater following the grace period: 100 percent of the allocated capacity.

(2)

Reasonable effort will be made by the town pursuant to the terms of subsection (d) of this section to assist a customer desiring to transfer assignment of capacity to another customer or, when it is in the best interest of the town, the town may elect to purchase the capacity back from the customer.

(d)

Excess capacity.

(1)

The town may, at its discretion, agree to purchase back from the customer any excess capacity at the same purchase price per gallon initially paid by the customer. Should a customer provide the town in writing a request to relinquish its claim to allocated capacity and the town be unable to market or repurchase the capacity, the town shall suspend payment of the surcharge. However, the town shall have the right to allocate or repurchase the relinquished capacity at its discretion without additional authorization of the original customer. DHEC shall be notified of any decrease or reallocation of capacity at the time of repurchase or transfer.

(2)

Any repurchase is contingent upon the town's ability to find a customer desiring capacity as well as the availability of funds. Nothing in this agreement shall be construed to obligate the repurchase of excess capacity by the town.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-286. - Disposition of fees.#

All aid-to-construction fee revenues shall be deposited in a separate interest-bearing account for the sole purpose of upgrading, expanding or improving the treatment capacity of the wastewater treatment facilities. Funds in the aid-to-construction fund shall not be expended without the approval of the town council.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-287. - Appeals; supplemental assessment.#

(a)

All applicants subject to the assessment of an aid-to-construction fee may appeal the loading estimate prepared by the town administrator or his designee to the full council for review. However, no appeal shall be heard until six months of data on sewage flows is available. Adjustments in loading estimates are subject to DHEC's concurrence and release of the contested capacity which has been previously debited from the town's available capacity. At no time shall the average daily flow for the purpose of establishing an adjusted aid-to-construction fee assessment be lowered to less than the maximum potential flow.

(b)

The town reserves the right to charge a supplemental aid-to-construction fee if, after six months of historical data, it can be established that the daily average sewage flow exceeds the estimated flow by at least ten percent or a maximum of 100 GPD. Supplemental assessments shall be paid within 60 days of notice, or service shall be terminated.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-288. - State guidelines made part of article.#

The DHEC guidelines for contributory loading of wastewater treatment facilities, as amended by the DHEC, are incorporated herein.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-289. - Effective date.#

All customers connecting to the sewer system between April 5, 1991 and May 7, 1991 shall be subject to the terms of this division pursuant to the aid-to-construction fee agreements executed by the customers at the time they requested sewer service. The provisions of this article apply to all customers connecting to the sewer system after May 7, 1991.

The sections of this division shall be in full force and effect immediately following its passage, approval, and publication, as provided by law.

(Ord. No. 01-2022, Att., 1-6-2022)

Sec. 34-290. - Other water and sewer service fees and charges to remain in effect.#

All other charges and fees assessed for water and sewer service and connection shall remain in effect until such time as the town council determines that they should be changed.

(Ord. No. 01-2022, Att., 1-6-2022)

The text

DIVISION 1. - GENERALLY#

Secs. 34-157—34-180. - Reserved.#

DIVISION 2. - PRIVATE SEWAGE DISPOSAL SYSTEM#

Sec. 34-181. - Public sewer not available.#

Sec. 34-182. - Permit required; application; fee.#

Sec. 34-183. - Inspection.#

Sec. 34-184. - Compliance.#

Sec. 34-185. - Operated at owner's expense.#

Sec. 34-186. - Availability of public sewer.#

Sec. 34-187. - Additional requirements not nullified.#

Secs. 34-188—34-207. - Reserved.#

DIVISION 3. - PROHIBITED DISCHARGES; PRETREATMENT#

Sec. 34-208. - Purpose and policy.#

Sec. 34-209. - Administration.#

Sec. 34-210. - Definitions.#

Sec. 34-212. - Abbreviations.#

Sec. 34-213. - Prohibited discharge standards.#

Sec. 34-214. - National categorical pretreatment standards.#

Sec. 34-215. - State pretreatment standards.#

Sec. 34-216. - Local limits.#

Sec. 34-217. - Town's right of revision.#

Sec. 34-218. - Dilution.#

Sec. 34-219. - Pretreatment of wastewater.#

Sec. 34-220. - Industrial wastewater discharge permits.#

Sec. 34-221. - Individual wastewater discharge permit issuance.#

Sec. 34-222. - Reporting requirements.#

Sec. 34-223. - Compliance monitoring.#

Sec. 34-224. - Confidential information.#

Sec. 34-225. - Publication of users in significant noncompliance (SNC).#

Sec. 34-226. - Administrative enforcement remedies for pretreatment.#

Sec. 34-227. - Judicial enforcement remedies.#

Sec. 34-228. - Supplemental enforcement action.#

Sec. 34-229. - Affirmative defenses for discharge violations.#

Sec. 34-230. - Miscellaneous provisions.#

Sec. 34-231. - Pretreatment fees.#

Sec. 34-232. - Excess loading surcharge.#

Secs. 34-233—34-248. - Reserved.#

DIVISION 4. - REMOVAL, TRANSPORTATION AND DISPOSING OF SCAVENGER WASTES#

Sec. 34-249. - Hauled waste permit.#

Sec. 34-250. - Admittance of wastes into sewerage system.#

Sec. 34-251. - Equipment used for collection and/or transportation.#

Sec. 34-252. - Fees determined by town council.#

Secs. 34-253—34-282. - Reserved.#

DIVISION 5. - WASTEWATER SYSTEM AID-TO-CONSTRUCTION FEES#

Sec. 34-283. - Required; assessment.#

Sec. 34-284. - Calculation of fee.#

Sec. 34-285. - Allocation of sewer treatment capacity.#

Sec. 34-286. - Disposition of fees.#

Sec. 34-287. - Appeals; supplemental assessment.#

Sec. 34-288. - State guidelines made part of article.#

Sec. 34-289. - Effective date.#

Sec. 34-290. - Other water and sewer service fees and charges to remain in effect.#

Secs. 34-291—34-313. - Reserved.#