CHESTER SEWER DISTRICT

 CHESTER, SOUTH CAROLINA

RULES AND REGULATIONS GOVERNING

SEWER USE AND INDUSTRIAL WASTEWATER PRETREATMENT

REQUIREMENTS FOR CHESTER SEWER DISTRICT

INTRODUCTION

The Chester Sewer District (CSD) is a special purpose district created by Legislative Act No. 480 as amended by Act No. 1186 (and subsequent Amendments thereto) of the Acts of the State of South Carolina for 1964. The CSD was created for the purpose of transporting, treating and disposing of wastewater originating within the CSD limits. Its function is to construct, operate and maintain lateral (collector) and interceptor sewers and trunk lines, and wastewater treatment plants. By agreement with the City of Chester, the CSD operates and maintains the sewer system in the City of Chester. The CSD is governed by a five member Commission known as the CSD Commission; all of whom are appointed by the Governor. The area of the CSD is defined by statute.
 

SECTION 1. GENERAL

1.1     Purpose and Policy

These Rules and Regulations ("Regulations") set forth uniform requirements for all direct and indirect users of the wastewater collection, interceptor and treatment systems for the CSD and enables the CSD to comply with all applicable State and Federal laws including the Clean Water Act of 1977, the General Pretreatment Regulations (40 CFR, Part 403), Resource Conservation and Recovery Act, and the Toxic Substances Control Act (TSCA) and amendments thereto.

As Federal pretreatment requirements for each industrial categorical group become effective, those requirements become a part of these Regulations and are applicable reference documents.

The objectives of these Rules and Regulations are:

a)     To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge,

b)     To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

c)      To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and

d)      To provide for equitable distribution of the cost of operating the municipal wastewater system.

        These Regulations provide for the regulation of direct and indirect contributors to the municipal wastewater system through:

(i)     Enforcement of general requirements applicable to all users;

(ii)     Issuance of permits to certain non-domestic users;

(iii)    Monitoring, enforcement activities, and user reporting;

(iv)   Assurance that existing customers’ use by permit or contract will not be preempted; assurance that increases in existing capacity shall be offered pro-rata to existing customers in relation to existing permit levels.

(v)   Setting of fees for the equitable distribution of cost resulting from the operation of the CSD’s facilities and the program established herein.

        These Rules and Regulations shall apply to the CSD and to persons outside the CSD who are, by contract or agreement with the CSD, users of the CSD POTW. Except as otherwise provided herein, the CSD, which is the CSD of the CSD POTW, shall administer, implement, and enforce the provisions of these Regulations.

1.2    Definitions

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

1.2.1 Act or "the Act": The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.

1.2.2 Approval Authority: The Deputy Commissioner for Environmental Quality of the South Carolina Department of Health and Environmental Control (DHEC).

1.2.3 Authorized Representative of Industrial User: The authorized representative of an industrial user shall be:

(1)    A principal executive officer of at least the level of vice president if the industrial user is a corporation;

(2)    A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

(3)    A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates and after written authorization is submitted to the CSD.

1.2.4 Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 Degrees C expressed in terms of weight and concentration (milligrams per liter (mg/1)).

1.2.5 Building Sewer: A sewer conveying wastewater from the premises of a user directly or indirectly to the CSD's facilities.

1.2.6 Categorical Standards: National Categorical Pretreatment Standards or Pretreatment Standards as promulgated by EPA.

1.2.7 Commission: The Commission is the governing body of the CSD.

1.2.8 Cooling Water: The water discharged from any use such as air conditioning, cooling, refrigeration, or other similar use, and to which the only pollutant added is heat.

1.2.9 Conventional Pollutant: Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified if the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.

1.2.10 Control Authority: The designated official of the CSD or his duly authorized agent or representative.

1.2.11 Direct User: A user who discharges wastewater directly into the CSD's facilities.

1.2.12 Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the State of South Carolina.

1.2.13 District: That portion of Chester County which is within the bounds of Chester Sewer District as defined by law.

1.2.14 Environmental Protection Agency, or EPA: The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

1.2.15 Executive Director: The person designated by the CSD to supervise the operation of the publicly-owned treatment works and charged with certain duties and responsibilities by these regulations.

1.2.16 Grab Sample: A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

1.2.17 Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

1.2.18 Indirect Discharge: The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

1.2.19 Industrial User: Any non-domestic discharger into the POTW.

1.2.20 Interference: A discharge, which 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 CSD’s 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.

1.2.21 National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Users.

1.2.22 National Pollution Discharge Elimination System or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

1.2.23 National Prohibitive Discharge Standard or Prohibitive Discharge Standard: Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

1.2.24 New Source: Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

1.2.25 Non-Significant Industrial User: Any non-domestic user who does not conform to the definition of a Significant Industrial User.

1.2.26 Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural, where indicated by the context.

1.2.27 Public Sewer: Shall mean a sewer provided by or subject to the jurisdiction of the CSD Commission. It shall also include sewers within or outside the boundaries of the CSD that serve one or more persons and ultimately discharge in the CSD's sanitary sewer system even though these sewers may not have been constructed with CSD funds.

1.2.28 pH: The logarithm (Base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

1.2.29 Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

1.2.30 Pollution: The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

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

1.2.32 Pretreatment Regulations: Any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on an industrial user.

1.2.33 Publicly-Owned Treatment Works (POTW): A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned in this instance by the CSD. This definition includes the treatment plants and any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of these regulations "POTW" shall also include any sewers that convey waste waters to the POTW from persons outside the CSD who are, by contract or agreement with the CSD, users of the CSD's POTW.

1.2.34 Treatment Plants: Those portions of the POTW designed to provide treatment to wastewater.

1.2.35 Shall is mandatory; May is permissive.

1.2.36 Significant Industrial User: All industrial users of the CSD’s wastewater disposal system subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); contributes a process waste stream, which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the CSD Commission, SCDHEC, or EPA on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

1.2.37 Significant Noncompliance: A violation of discharge limitations that meets one or more of the following criteria or a violation of compliance schedule milestone as follows:

(1) Chronic violations in which sixty-six percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(2) Technical Review Criteria (TRC) violations in which thirty-three percent or more of all the measurements taken during a six-month period for the same parameter equal or exceed the product of daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils, and grease; and TRC = 1.2 for all other pollutants except pH);

(3) Any other violation of a parameter effluent limit (daily maximum or monthly average) that the CSD determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the treatment system personnel or the general public);

(4) Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the use of its emergency authority to halt or prevent such a discharge;

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

(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance;

(8) Any other violation or group of violations which the CSD determines will adversely affect the operation or implementation of the local pretreatment program.”

1.2.38 Significant Violator: Any non-domestic wastewater user found to be in significant non-compliance shall be termed a significant violator and shall be subject to enforcement action.

1.2.39 State: State of South Carolina

1.2.40 Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial as amended Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

1.2.41 Storm Water: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

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

1.2.43 Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act, Section 307(a), or other Acts.

1.2.44 User: Any person who contributes, causes, or permits the contribution of wastewater into the CSD's POTW.

1.2.45 Wastewater: The liquid and water-carried domestic and non-domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

1.2.46 Waters of the State: All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

1.2.47 Wastewater Discharge Permit: As set forth in Section 7.1 of these regulations.

1.2.48 Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.

1.3    Abbreviations: The following abbreviations shall have the designated meanings:
 

SECTION 2. BUILDING SEWERS AND CONNECTIONS

2.1    No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Executive Director.

2.2   There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on special form furnished by the CSD. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Executive Director.

2.3    The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes within the limits of the CSD and located within two hundred fifty (250) feet of a line of public sanitary sewer now in existence or hereafter constructed to which such house, building, or property may be connected so that sewage will flow therefrom and into such sewer line by gravity, is hereby required at his own expense to install suitable toilet facilities therein and to connect such facilities directly with said line of public sanitary sewer in accordance with the provisions of this Ordinance within sixty (60) days after date of official notice to do so. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for disposal of sewage, where public sewers are within 250' of a line and can flow by gravity.

2.4    All cost and expense incident to the connection of the building sewer from the owner's building to the CSD property line shall be borne by the owner. The owner shall indemnify the CSD from any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. Any connection from the CSD property line into the public sewer shall be made by the CSD, for which the owner shall pay the CSD a standard sewer tap fee as stated in Section 2.18.

2.5    A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

2.6    Old building sewers may be used in connection with new buildings when they are determined, on examination and test by the Executive Director, to be acceptable for use.

2.7    The building sewer when 4" diameter, shall be ductile iron pipe, ASTM A746; PVC SCH 40 or ABS SCH 40, ASTM D-2665. When 6" diameter or larger, shall be ductile iron pipe, ASTM A 746; PVC SCH 40 or ABS SCH 40, ASTM D-2665; PVC SDR 35, ASTM D-3034; Vitrified clay sewer pipe ASTM C13; or any revision of material that the Executive Director or his designee may approve at the time. Joints shall be gas-tight and water-tight. Ductile iron pipe may be required by the Executive Director where the building sewer is exposed to damage by tree roots. If installed in filled or unstable grounds, the building sewer shall be ductile iron pipe, except that non-metallic pipe material may be accepted if laid on a suitable concrete bed or cradle as approved by the Executive Director.

2.8    The size and slope of the building sewer shall be subject to the approval of the Executive Director, but in no event shall the diameter be less than four (4) inches. The slope of such 4-inch pipe shall not be less than one-eight (1/8) inch per foot.

2.9    Whenever possible, the building sewer shall be brought to the building at the elevation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might thereby be weakened. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipes and fittings.

2.10  In all buildings in which a building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved pump and discharged to the building sewer.

2.11  All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Executive Director. Pipe laying and backfill shall be performed in accordance with ASTM Specification C12; except that no backfill shall be placed until the work has been inspected.

2.12 All joints and connections shall be made gas-tight and water-tight. All joints shall be push-on type utilizing synthetic rubber ring gaskets conforming to ASTM D-1869 and using non-toxic, water soluble vegetable origin lubricant. When using schedule 40 PVC or ABS pipe, hard coupling glue joints with proper glue for pipe will be approved. Transition joints and connections between two different types of pipe material shall be made by using Fernco type rubber couplings of proper size for the materials being joined. Other jointing materials and methods may be used only by approval of the Executive Director.

2.13 The connection of the building sewer into the public sewer shall be made at the end of the tap lateral provided by the CSD for a tap fee. Existing tap laterals may be used when, upon examination by the CSD’s designee, are approved as useable. A clean-out combination wye shall be required at the property line where the building sewer is connected to the tap lateral. Any other connection to the public sewer would only be allowed upon approval by the Executive Director.

2.14 The applicant for the building sewer permit shall notify the Executive Director when the building sewer is ready for inspection as required by the sewer permits.

2.15 All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the CSD.

2.16 Grease, oil and sand interceptors shall be provided when, in the opinion of the Executive Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Executive Director and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight.

2.17 When installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

2.18 The tap on fees for all connections shall be in accordance with the rate schedule in effect at the time the permit to connect is issued and paragraph 7.4.2

2.19 Repair or replacement of the building sewer shall be made using materials specified for building sewers in section 2.7 and with the specified type joints and connections as specified in section 2.12. Repair sections of the building sewer may be coupled in or connected to existing materials using Fernco type rubber couplings.

2.20 It shall be unlawful for any person to place, deposit, or permit to be deposited any septic tank effluent or cesspool overflow to any open drain, ditch, stream, or well-penetrating water bearing formation, (to include storm sewers) within CSD area where septic tanks and cesspools are allowed in sparsely settled areas.

2.21 Sanitary Wastewater: It shall be unlawful to discharge any sanitary wastewater to any outlet (to include storm sewers) within the CSD service area.
 

SECTION 3. GENERAL LIMITATIONS

3.1    Sanitary Sewers

No person shall cause or permit to be discharged into the public sewer any storm water, surface drainage, subsurface drainage, groundwater, roof runoff, cooling water, or other unpolluted water of any kind. Contaminated or polluted storm water or cooling water may be discharged if prior approval is given by the Commission.

3.2    Storm Sewer

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Executive Director. Industrial cooling water or unpolluted process waters may be discharged upon approval of DHEC, to a storm sewer or natural outlet. Sanitary wastewater may not be discharged into any storm water system.

3.3    Prohibitions and Limitations

A. Except as hereinafter provided, no person shall discharge into the public sewer:

(1)    Any solids, liquids, or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operation of the publicly-owned treatment works.

(2)   Any noxious or malodorous solids, liquids, or gases which either singly or by interaction with other substances are capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.

(3)   Any solids, greases, slurries, or viscous material of such character or in such quantity that, in the opinion of the Approving Authority, may cause an obstruction to the flow in the sewer or otherwise interfere with the proper functioning of the POTW.

(4)   Any toxic substances, chemical elements or compounds in
quantities sufficient to impair the operation or efficiency of the waste treatment works, or that will pass through the waste treatment plant and cause the effluent thereof to exceed State or Interstate water quality requirements for the receiving streams.

(5)    Any liquids having a pH lower than 5.0 or higher than 10.0 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the waste treatment works, except as may be allowed under an Industrial Discharge Permit as issued by the District.

(6)    Any radioactive isotopes without obtaining a special permit from the Approving Authority.

(7)    Any liquid or vapor having a temperature greater than 150 degrees F or in such quantity and temperatures as to cause the influent to the waste treatment plant to exceed 104 degrees F.

(8)    Any garbage that has not been ground or shredded so that no particle exceeds one-half inch in any direction.

(9)    Any material which would cause the sewage sludge to be:
reactive, toxic, ignitable, or corrosive within the guidelines set down by EPA and DHEC.

(10)  Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(B)   It shall be unlawful to discharge to any natural outlet (to include storm sewers) within the area under the jurisdiction of the CSD, or to any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provision of this resolution; privies, cesspools and septic tank effluents shall not be considered to have received suitable treatment.

(C)    It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the CSD or in any area under the jurisdiction of the CSD, any human or animal excrement, garbage, or other objectionable waste. \

(D)   Haulers of septic waste (i.e. septic wastes, capsule waste, portable toilet waste) removed from residential, commercial, and industrial customers are subject to the terms and conditions for discharge as contained in this ordinance. Waste haulers must discharge hauled wastes at the discharge point specified by the CSD. Discharge of such septic wastes into the public sewer system in violation of this ordinance will subject the hauler to the penalties provided for in this ordinance.

The waste hauler must give the following information:

SECTION 4. DOMESTIC WASTEWATER

4.1    Definition

Domestic wastewater shall mean the liquid wastes from:

(A)   The non-commercial preparation, cooking and handling of food;

(B)   The use of sanitary facilities installed in the residence of the user;

(C)   Other activities normal to residential use of the premises discharging wastewater to the CSD's facilities.

4.2    Garbage

Garbage shall be ground or shredded before discharging to the sanitary sewer.

4.3    General Limitations

Domestic wastewater shall be subject to the General Limitations contained in Section 3 above.
 

SECTION 5. NON-DOMESTIC WASTEWATER

5.1   General Discharge Prohibitions

          No non-domestic user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such non-domestic users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or Requirements. A user may not contribute the following substances to any POTW:

A.      Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5%), nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include but are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketone, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides, and any other substances which are a fire hazard to the system. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit using the test methods specified in 40 CFR 261.21.

B.      Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch (1/2") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feather, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.

C.      Any wastewater having a pH less than 5.0 or greater than 10.0 (Standard Units)

D.      Any waste water containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, subject to the Water Quality Standards, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not to be limited to, any pollutant identified pursuant to Section 307(a) of the Act.

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

F.      Any substance which may cause the POTW's effluent, or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for any reclamation or reuse process or program. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.

G.      Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.

H.     Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to: dye wastes and vegetable tanning solutions.

I.      Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 66 Degrees C (150 Degrees F) or which causes the influent to the treatment plant to exceed 60 Degrees C (104 Degrees F).

J.      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 to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration quantities, or flow during normal operation.

K.      Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Commission in compliance with applicable State or Federal regulations.

L.      Any wastewater which:

(1)    Poses a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(2)    Creates a public nuisance.

M.      Any substance or flow quantity which causes a violation of:

(1)    The Permit to Discharge issued to the Non-Domestic User; or

(2)    The terms of a contract between the Commission and the discharger.

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

5.2    CSD Pretreatment Standards

Should the CSD standard be more stringent than the Federal Categorical standard, or state limits, the CSD standard will be implemented.

5.3    Federal (National) Categorical Pretreatment Standards

Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under these Regulations for sources in that subcategory, shall immediately supersede the limitations imposed under these Regulations. The CSD shall notify all affected Users of the Applicable reporting requirements under 40 CFR, Section 403.12.

5.4    Modification of Federal Categorical Pretreatment Standards

Upon receipt of a written request made by a User subject to the Federal Pretreatment Standards, the CSD may apply to the Approval Authority for a modification of specific limits in the Federal Pretreatment Standard. Such application to the Approval Authority will be made only in the event that the wastewater treatment plant achieves consistent removal of the pollutant for which the modification is requested. The CSD may modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR, Part 403, Section 403.7, are fulfilled, and prior approval from the Approval Authority is obtained.

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

(1)   Where a categorical pretreatment standard is expressed in terms of either mass or concentration of a pollutant in wastewater, the POTW Director may impose equivalent concentration or mass limits.

(2)    When wastewater subject to a categorical pretreatment standard is mixed with a wastewater not regulated by the same standard, the POTW Director may impose an alternate limit using the combined waste stream formula in the EPA General Pretreatment Regulations.

(3)    A user may obtain a variance from categorical pretreatment standards in accordance with the EPA General Pretreatment Regulations.

(4)    A user may obtain a net gross adjustment to a categorical pretreatment standards in accordance with the EPA General Pretreatment Regulations.

5.5    Specific Pollutant Discharge (Local) Limitations

To implement the general and specific discharge prohibitions provided by this Ordinance, the following specific discharge limits shall apply to all POTW users unless otherwise specified by a Wastewater Contribution Permit issued by the CSD pursuant to Section 7 of these Rules and Regulations.
 

5.6    State Requirements

         State requirements and limitations on discharges shall apply in any case where such limits are more stringent than Federal requirements or those contained in these Regulations.

5.7    CSD's Right of Revision

         The CSD reserves the right to establish more stringent limitations or requirements, than the Federal and/or state of S.C. on discharges to the wastewater system if deemed necessary to comply with the objectives presented in Section 1.1 of these rules & regulations.

5.8    Dilution of Discharge

          No User shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the CSD or the State.

5.9    Accidental Discharges

          Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by these Regulations. Facilities and/or procedures to prevent accidental discharge or prohibited materials shall be provided and maintained at the sole cost or expense of the owner or user. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the CSD for review and shall be approved by the CSD before construction of the facility. All existing Users shall complete such a plan within 120 days after the effective date of these Regulations. No User who commences contribution to the POTW after the effective date of these Regulations shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the CSD. Review and approval of such plans and operating procedures shall not relieve the Industrial User from the responsibility to modify the User's facility as necessary to meet the requirements of these Regulations. In the case of an accidental discharge, it is the responsibility of the User to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume if available, and corrective actions.

5.9.1 Slug Control Discharge Plan: The CSD will evaluate each Significant Industrial User at least once every two years to determine whether or not an accidental discharge/slug control plan is needed. The CSD may require any user to develop, submit for approval, and implement such a plan. Alternatively, the CSD may develop such a plan for its dischargers.

5.9.2 Written Notice: Within five (5) working days following spill or sludge discharge, the User shall submit to the CSD a detailed written report describing the cause of the discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the User of any fines, civil penalties, or other liability which may be imposed by these Regulations.

5.9.3 Notice to Employers: A notice shall be permanently posted on the User's bulletin board or other prominent place, advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
 

SECTION 6. NON-DOMESTIC PRETREATMENT PROGRAM

6.1    General

         The CSD has adopted a Non-Domestic Pretreatment Program applicable to all Non-Domestic dischargers using the CSD facilities. This Program is in accord with State and Federal requirements. This Section 6 of the Rules and Regulations establishes the specific requirements for pretreatment, monitoring, reporting and compliance with the Pretreatment Program.

6.2    Pretreatment Required

6.2.1 Certain Industrial Users are now or shall become subject to categorical pretreatment standards promulgated by the Environmental Protection Agency specifying quantities or concentrations of pollutants or pollutant properties which may be discharged into the POTW. All Industrial Users subject to a categorical pretreatment standard shall also be subject to the limitations established by this Regulation or by the State of South Carolina.

6.2.2 Upon promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations in this Regulation shall immediately supersede the limitations imposed under this Regulation. The Executive Director or his designee shall notify all affected Users of the applicable reporting requirements under 40CFR Section 403.12. Upon approval by the Approval Authority, and in accordance with Federal Regulations 40 CFR 403.7, the Executive Director or his designee may revise any limitations in a Pretreatment Standard to reflect the removal of pollutants by a POTW.

6.2.3 Compliance with categorical pretreatment standards for existing sources subject to such standards or for existing sources which hereafter become subject to such standards shall be within three (3) years following promulgation of the standards unless a shorter compliance time is specified in the standard. Specific compliance schedules will be developed by the CSD and made a part of the Industrial Users discharge permit. Compliance with categorical pretreatment standards for new sources shall be required upon initiation of a discharge.

6.2.4 Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications and other pertinent data or information relating to such pretreatment or flow-control facilities shall be submitted to the Executive Director for review and approval. These documents shall then be submitted to DHEC along with an application for a permit to construct the facilities. Such approval shall not exempt the discharge or such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority or with the provisions contained in Paragraphs 6.2.1, 6.2.2, and 6.2.3 above. Any subsequent alterations or additions to such pretreatment or flow- control facilities shall not be made without due notice to and prior approval of the Executive Director and without having first obtained a permit to construct from DHEC.

If pretreatment or control of waste flows is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances, and laws.

6.2.5 All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in Sections 6.3 and 6.4 shall be determined in accordance with 40 CFR Part 136. Where possible samples shall be taken at the Control Manhole provided in Section 6.3.2, but suitable grab samples may be taken from other appropriate locations if necessary. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

6.3    Compliance Monitoring The results of all testing done in excess of that required by the permit must be reported to the CSD if testing was performed under 40 CFR Part 136. Production checks or other tests not performed according to 40 CFR Part 136 do not have to be reported and may not be used/included in daily maximum or monthly averages.

6.3.1 Compliance determinations with respect to prohibitions and limitations may be made on the basis of either instantaneous grab samples or composite samples of wastewater except where the industrial discharge permit specifies the sampling method to be used. Composite samples may be taken over a 24 hour period, or over a longer or shorter time span, as determined necessary by the Executive Director to meet the needs of specific circumstances.

Laboratory analysis of industrial wastewater samples shall be performed in accordance with procedure established by the Executive Director or his designee pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Executive Director or his designee . Sampling shall be performed in accordance with the techniques approved by the Executive Director or his designee. (Comment: Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedure for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Executive Director or his designee.)

Sampling of industrial wastewater for the purpose of compliance determination with respect to prohibitions and limitations will be done at such intervals as the Executive Director determines. Costs and penalties associated with any CSD non-compliance that is determined based on monitoring and analysis by CSD to be attributable to one or more industries, including any costs or penalties or assessments by either DHEC or EPA, may be passed on to the involved industry. Compliance monitoring and inspection of all Significant Industrial Users will be conducted at least once in every one year period. Monitoring by a private laboratory will be billed to industry at cost, plus any costs incurred by CSD.

6.3.2 When required by the Executive Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole to facilitate observation, sampling and measurement of the wastes. Such a manhole, when required shall be constructed in accordance with plans approved by the Executive Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

6.4    Discharger Self-Monitoring

6.4.1 Every Significant Industrial User shall file a Periodic Discharge Report on a quarterly basis or more frequently if warranted as required by the Executive Director. The Executive Director may require any other industrial users discharging or proposing to discharge into the treatment system to file such periodic reports.

The discharge report shall include, but in the discretion of the Executive Director shall not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, concentrations of controlled pollutants or other information which relate to the generation of waste.

6.4.2 All industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent flows, and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of these Rules and Regulations and any applicable State or Federal pretreatment standards or requirements.

Such records shall be made available upon request by the Executive Director. All such records relating to compliance with pretreatment standards shall be made available to officials of DHEC and of the U.S. Environmental Protection Agency upon demand. A summary of such data indicating the industrial user's compliance shall be prepared by the user and submitted to the Executive Director.

The owner or operator of any premises or facility discharging industrial wastes into the system shall install and maintain at his own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling, and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times.

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

6.4.4 In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug that may cause potential problems for the POTW, the user shall immediately notify the Executive Director by telephone so that the corrective action may be taken to protect the treatment system. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and any corrective actions being taken by the discharger. In addition, a written report addressed to the Executive Director detailing the date, time, and cause of the accidental discharge, the quantity and characteristics of the discharge and corrective action to prevent further discharges, shall be filed by the responsible industrial facility within five (5) days of the occurrence of the noncomplying discharge. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the system, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

6.4.5 Twenty Four Hour Notification: If sampling performed by an industrial user indicates a violation, the user shall notify the CSD within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the CSD within thirty (30) days.

6.5    Confidential Information

6.5.1 Information and data provided by a User shall be available to the public or any governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the CSD that the release of such information would divulge information, processes, of methods of production entitled to protection as trade secrets of the User.

Information accepted by the CSD as confidential, shall not be transmitted to any governmental agency or to the general public by the CSD until and unless a written ten-day notification is given to the User.

6.5.2 Information and data on a User obtained from reports, questionnaires, permit and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the CSD that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User.

When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System Permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

6.6    Bypass of Treatment Facilities

(A)    Bypass wastewater is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist.

(B)   The permittee may allow bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also essential to maintenance and to assure efficient operation of the POTW.

(C)   Notification of bypass:

(1)    Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior written notice, at least ten days before the date of the bypass, to the CSD.

(2)    Unanticipated bypass. If an unanticipated bypass occurs, the permittee shall immediately notify the CSD and submit a written notice to the CSD within 5 days. This report shall specify:

(i)     A description of the bypass and its cause, including its duration;

(ii)    Whether the bypass has been corrected; and

(iii)   The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.

SECTION 7. ADMINISTRATION

7.1    Wastewater Contribution Permits

(A)    All Significant Industrial Users shall obtain a Wastewater Contribution Permit prior to the commencement of discharge to the POTW. (Also, see paragraph 6.2.4) Existing Industrial Users who are determined by the POTW Director to be Significant Industrial Users shall obtain a Wastewater Contribution permit within 180 days of receiving notification of the POTW Director's determination. Industrial Users who do not fit the Significant Industrial User criteria may at the discretion of the POTW Director be required to obtain a Wastewater Contribution Permit.

(B)    All persons proposing to discharge non-domestic wastewater, or proposing to change the volume or characteristics of an existing discharge of non-domestic wastewater shall request from the POTW Director a Significant Industrial User determination. If the POTW Director determines or suspects that the proposed discharge fits the Significant Industrial User criteria he will require that a Wastewater Contribution Permit application be filed.

(C)    Users required to obtain a Wastewater Contribution Permit shall complete and file with the CSD, an application in the form prescribed by the POTW Director. Significant Industrial Users shall apply for a Permit within 90 days after notification of the POTW Director's determination in (B) above.

(D)   Upon receipt of a complete permit application including any and all requested supporting documentation and data, the application will be evaluated by the POTW Director. A determination will be made to issue or deny the permit within 90 days thereafter. The POTW Director is authorized to:

(1)    Issue a Wastewater Contribution Permit containing such conditions as are necessary to effect the purposes of this Ordinance.

(2)    Issue a Wastewater Contribution Permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements.

(3)    Modify any permit upon not less than 60 days notice and pursuant to provisions of this Ordinance.

(4)    Revoke or suspend any permit pursuant to provisions of this Ordinance.

(5)    Deny a permit application when in the opinion of the POTW Director such discharge may cause or contribute to pass-through or interference of the POTW.

(E)    Permit Modification

(1)    Modification of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:

(i)     Changes in the ownership of the discharge when no other change in the permit is indicated.

(ii)    A single modification of any compliance schedule not in excess of four months.

(iii)    Modification of construction compliance schedule in permits for new sources.

(2)   Within 9 months of the promulgation for a Federal Categorical Pretreatment Standard, the Wastewater Contribution Permit of users subject to such standard shall be revised to require compliance.

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

(G)   Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under EPA Pretreatment Regulation. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the direction of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the POTW Director.

(H)   Wastewater Permits are issued to a specific User for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, a new User, different premises, or a new or changed operation.

(I)     A Significant Industrial User shall apply for permit re-issuance by submitting a complete permit application in accordance with this Section a minimum of 180 days prior to the expiration of the existing permit.

(J)    Wastewater contribution permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges, and fees established by the CSD. Permits may contain discharge limitations and conditions as deemed appropriate by the CSD to ensure compliance with this article. Discharge limitations and conditions may be more stringent than federal or state limitations and conditions if determined necessary to ensure compliance with all applicable federal, state, and local regulations.

7.2    Reporting Requirements

Industrial users are subject to the following reporting requirements as required by the EPA General Pretreatment Regulations, their wastewater contribution permit, and this Ordinance.

(A)    Base Line Monitoring Reports: Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination, whichever is later, existing categorical users shall submit to the CSD a base line monitoring report as required by EPA General Pretreatment Regulations. At least 90 days prior to commencement of their discharge, new users, and users that become categorical users shall submit to the CSD a base line monitoring report as required by the EPA General Pretreatment Regulations.

(B)   Compliance Schedule Progress Reports: All users subject to compliance schedules shall submit a progress report to the CSD as specified by the EPA General Pretreatment Regulations or the compliance order.

(C)    Report of Compliance with Categorical Standard Deadline: Within 90 days following the date for final compliance with applicable categorical pretreatment standards, users subject to such standards shall submit a report of compliance as required by the EPA General Pretreatment Regulations.

(D)    Periodic Compliance Reports: All significant industrial users shall be required to submit a report indicating the nature and concentration of pollutants in their discharge. Said reports shall be as specified by the users wastewater contribution permit.

(E)    Reports of Changed Conditions: All industrial users must notify the CSD of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

(F)    Reports of Potential Problems: In the case of any discharge that may cause potential problems for the POTW, the industrial user shall immediately notify the POTW Director. Within five (5) days following such discharge, the industrial user shall submit a written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, penalties, or other liability which may be imposed pursuant to this Ordinance.

(G)   Notification of Discharge of Hazardous Wastes: The Industrial User shall notify in writing, the POTW Director, the State, and EPA of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste in accordance with EPA General Pretreatment Regulations.

7.3    Fees

7.3.1 Purpose. It is the policy of the CSD to recover all costs of operating and maintaining the POTW and for other services performed by the CSD through the imposition of user charges. Such charges shall be reviewed annually and adjusted as actual costs incurred by the CSD vary. The applicable charges and fees shall be as set forth in the CSD's Rate Schedule. The Rate Schedule shall be reviewed at least annually and adjusted to balance revenues and expenses. All users shall be notified as required by law when a change is made in the Rate Schedule.

7.3.2 The Rate Schedule can be adjusted only by a majority vote of the Commission taken after a Public Hearing. Notice of such a hearing shall be published in a local newspaper at least 30 days prior to the hearing and shall include the proposed schedule changes. A similar notice shall be included in a regular monthly bill to all users, which notice must be mailed at least two weeks prior to the Commission hearing. The methodology for developing a schedule of user charges is a separate document and it is incorporated herein by reference.

7.3.3 Charges and Fees: The CSD may adopt fees, charges, and surcharges for the following:

7.3.3.1 Operation, maintenance and repair of the CSD's facilities.

7.3.3.2 For the purpose of this ordinance, domestic wastewater characteristics are as follows:

Surcharges will be assessed for industrial discharges exceeding the above concentrations. Mass (lbs/day) will be calculated on the industry’s reported 24 hour composite flow rate multiplied by the number of days discharging in the monthly period.

7.3.3.3 The reimbursement of costs of setting up and operating the Pretreatment Program including:

(A)    CSD staff or contract monitoring; inspection; pretreatment facility plans review; surveillance procedures applicable to all non-domestic users;

(B)    “Enforcement Response Guide”, cost and penalties associated with any CSD non-compliance that is determined by CSD to be attributable to one or more industries.

7.3.3.4 Permit Applications, Tapping Permits, and Plans and Specifications.

7.3.3.5 Appeals

7.3.3.6 Other activities which the Commission performs which are normal to its duties and obligations.

7.3.4 Flow Measurement: The quantity of wastewater discharged may be either (A) or (B) below:

(A)   The quantity of water used as determined by a water meter reading on the water service line into the User's premises or the sum of such readings if more than one meter serves the premises.

(B)    As determined by direct measurement of the total wastewater discharged from the premises. The design of wastewater flow measuring equipment shall be subject to approval by the CSD prior to the start of the installation. Such designs must comply with the requirements of the CSD and are further subject to inspection when completed to assure that the installation is in conformance with the approved design.

7.3.5 Billing Procedure: Bills for sewer service are prepared by the CSD, are issued monthly and, are based on water meter readings or wastewater flow measurements. Bills for surcharges on extra strength wastewater and metered discharges are issued as mutually agreed between CSD and individual customers. Metered charges are subject to a surcharge as provided for in the user charge system.

7.4    Tapping Permits

7.4.1 The CSD may accept, transport and treat wastewater from private sewer systems and/or laterals when such systems and/or laterals connect directly to the CSD's trunk lines. When such connections are desired, a Tapping Permit shall be secured in a form prescribed by the CSD. The applicant shall furnish the following items to the CSD and complete the following requirements prior to making the connection to the trunk line.

(A)    Plot plan of the system prepared by a registered surveyor or engineer showing layout, pipe sizes, easements, property lines and manhole locations which shall be approved by the CSD before construction is begun.

(B)    Proof that the owner has obtained easements running with the respective lands in a form satisfactory to Commission in favor of owner and CSD, their heirs, successors and assigns, properly executed and recorded.

(C)    A plat of survey prepared by a registered surveyor showing the as constructed layout, pipe size, easement locations, property lines, and manhole locations, and recorded in the office of the Clerk of Court for Chester County, South Carolina or other appropriate office.

(D)    Proof of payment of applicable permit and inspection fees.

(E)    All taps to the trunk line must be made under the inspection of the authorized agent of the CSD and shall be in conformity with the Rules and Regulations of the CSD.

(F)    All laterals and/or private systems described above will be maintained and operated at the expense of the owner to the standards required by the CSD, subject to the provisions of contribution in the case of joint segments provided in paragraph (h) below.

(G)   Written assurance that no one other than Permittee, except with the prior issuance of a Tapping Permit by the CSD shall tap onto or permit discharge of sewage or other matter into lines of the Permittee. Owner shall have sole responsibility for such laterals and/or system proposed hereunder, and regardless of the reason or cause shall maintain, repair and be responsible for such proposed laterals and/or system and its operation as a conduit. In the event that additional systems are subsequently connected to the system covered by this permit, the Owners of such systems shall pay the costs of maintenance and repair in proportion to the use by each Owner.

(H)   Acknowledgment that the CSD has no responsibility or liability of any kind whatsoever arising from the connection of such lateral and/or private system to its trunk line unless specifically set forth in writing. The CSD may, without liability to anyone, refuse to accept sewage and to cut off such connection from such lines at any time CSD determines that Owner or those using such system fail to comply with the then current regulations of CSD or of the terms of the Permit, including repair and sharing in cost thereof as herein provided.

(I)    Written acknowledgment that the obligations and benefits herein shall inure to and be binding upon the Owner and CSD, their heirs, successors and assigns. The rights granted to the CSD herein shall constitute covenants running with the lands referred to in paragraph (a) and (b) above, and shall be binding upon the Owner, subsequent purchasers and lien holders thereof.

(J)    Written approval for the CSD and/or its agents to inspect the construction to assure conformance with the drawings and specifications approved by the CSD (see paragraph (a) above).

7.4.2 Tapping Permits will be issued upon payment of a fee to cover costs of review of drawings and inspection and paragraph 2.18.

7.5    Admission to Property: Whenever it shall be necessary for the enforcement of the provisions of these Regulations, or making inspections or tests, the CSD's representative upon the presentation of credentials, may enter upon any property or premises at reasonable times for the purpose of (1) copying any records required to be kept under the provisions of these Regulations (2) inspecting any monitoring equipment or method, and (3) sampling any discharge of wastewater to the POTW. The CSD and/or its agents may enter the property at any hour under emergency circumstances. If such request is denied, it will be considered grounds for discontinuing service.

7.6    Sanitary Sewer Facility Extensions

7.6.1 Construct Sanitary Sewer Facility Extensions

Construction of sanitary sewer facilities in or for any new project of development shall be the responsibility of any person performing such project or development.

7.6.2 Plans and Specifications

Any person planning a new project or development who proposes to build sanitary sewers or extensions to existing sanitary sewers which will connect directly or indirectly into the CSD’s sanitary sewerage system shall conform their plans and specifications to the requirements of the current edition of the CSD sanitary sewer facility design guide. The plans and specifications shall be prepared by a Registered Engineer who is authorized by the laws of the State of South Carolina and shall be approved by any and all local, county, and state authorities having jurisdiction.

7.6.3 Approval Procedures

Approval of systems shall be accomplished in accordance with the following procedure:

(A)   Submit preliminary construction plans to the CSD in sufficient detail to indicate location, system layout, line sizes, service connections, flows, character of sewage, relationship with and connection to the CSD’s system or other disposal system.

(B)   Receive preliminary approval from the CSD and other jurisdictional agencies.

(C)   Prepare construction drawings and documents for CSD’s approval.

(D)   Secure all other agency approvals of construction drawings and contract documents.

(E)   Upon receipt of all approvals, proceed with construction, notifying the CSD of construction schedules.

(F)   Provide the CSD and its authorized representatives with permission for on-site inspection during construction.

7.6.4 Construction Contractor

Construction of the proposed sewer facilities shall be accomplished by a contractor licensed under the laws of the State of South Carolina.

7.6.5 Engineer Certification

Upon completion of construction, the Engineer employed by the person shall inspect and furnish to the CSD at no cost to the CSD, a certificate of completion indicating that the subject sewer facilities have been constructed in accordance with the approved plans and specifications, and in accordance with all permits issued by any and all local, county, and state authorities having jurisdiction. The Engineer shall also provide the CSD with one copy of reproducible “Record Drawings.”

7.6.6 Project Warranty

The owner or his authorized agent shall submit a Warranty which is a legal instrument in which the Owner warrants the materials, equipment and construction of the system for 12 months. The Owner shall further warrant to the CSD that all fees have been paid by him such that there is no outstanding indebtedness remaining and holding the CSD harmless in each instance.

7.6.7 System Conveyance to CSD

Sanitary sewer facilities constructed within new developments may be conveyed to the CSD when all other requirements of this Ordinance have been met and approved, and provided all such sewers are located within public right-of-way or easements of adequate widths to provide maintenance vehicle access.

Transfer of new sewer systems to the CSD will be accomplished by the owner preparing and submitting to the CSD an Instrument of Conveyance, conveying the constructed system to the CSD at no cost to the CSD and the system shall thereafter be owned, operated and maintained by the CSD as provided for in this Ordinance. The Instrument of Conveyance shall also include permanent easements and rights-of-way fully described and duly recorded in the office of the Clerk of Court for Chester County, SC or other appropriate office.

7.6.8 Sewer Tap Location

All sewer taps shall be made during construction from the main out to the property line. Location of all taps shall be recorded on the “Record Drawings.”

7.6.9 Compatibility with Future Plans

All sewer system extensions must be compatible with present and future plans and needs of the CSD.

7.7    Construction Guidelines

7.7.1 The design and construction of all trunk lines, lateral systems and/or connections to the CSD's facilities shall be in accord with good engineering practices and construction methods and the current edition of the CSD sanitary sewer facility design guide. Materials of construction, manhole design, pumping stations, and all appurtenances shall be subject to approval by the CSD and DHEC.

7.7.1 Minimum standards for the design and construction of sewers and connections shall be in conformance with the current edition of the Southern Plumbing Code and 10 State Standards. More rigid standards may be required by the CSD in special circumstances.

7.7.3 All applicable requirements of the Occupational Safety and Health Act (OSHA), as amended, shall be met by sewer constructors.
 

SECTION 8 ENFORCEMENT AND PENALTIES

8.1    Administrative Remedies

The current edition of the CSD’s “Enforcement Response Guide,” included as Appendix A, will provide guidance on CSD actions and levels of fines.

(A)    Notification of Violation. Whenever the CSD finds that any user has violated or is violating this Ordinance, Wastewater Contribution permit, or any prohibition, limitation or requirements contained therein or any other pretreatment requirement, the CSD may serve upon such a person a written notice stating the nature of the violation. Within fifteen (15) days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the CSD by the User. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the Notice of Violation.

(B)    Consent Orders. The CSD is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as an administrative order issued pursuant to Section (D) below.

(C)    Show Cause Hearing. The CSD may order any user who causes or is responsible for an unauthorized discharge, has violated this Ordinance or is in noncompliance with a Wastewater Contribution Permit to show cause why a proposed enforcement action should not be taken. In the event the CSD determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

The CSD shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty nor is any action or inaction taken by the CSD under this section subject to an administrative appeal.

(D)   Administrative Orders. When the CSD finds that an user has violated or continues to violate this ordinance, permits or orders issued hereunder, or any other pretreatment requirement the CSD may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:

(1)    Immediately comply with all requirements;

(2)    Comply in accordance with a compliance time schedule set forth in the order

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

(4)    Disconnect.

(5)    Pay fines in accordance with the current “Enforcement Response Guide”.

(E)    Emergency Suspensions.

Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within fifteen (15) days of the Notice of Suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the CSD may suspend wastewater treatment service to any user when the CSD determines that continued use may endanger plant or personnel of the POTW. The CSD shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge, any endangerment to plant or personnel at the POTW. The user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the CSD prior to the date of the above-described hearing.

(F)    Termination of Permit. Any user who violates the following conditions of these Rules and Regulations, or applicable State and Federal regulations, is subject to having its Wastewater Contribution Permit terminated:

(1)    Failure to accurately report the wastewater constituents and characteristics of his discharge;

(2)    Failure to report significant changes in operations, or wastewater constituents and characteristic

(3)    Refusal of reasonable access to the User's premises for the propose of inspection or monitoring; or,

(4)    Violation of conditions of the permit.

Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under Section 8.1.C of this Ordinance why the proposed action should not be taken.

8.2    Damage to CSD Property

It shall be unlawful for any person willfully to damage, destroy, uncover, deface, or tamper with any equipment or materials belonging to the CSD.

8.3    Public Nuisance

         Any discharge in violation of the substantive provisions of these Rules and Regulations or any Order of the CSD shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the CSD treatment system contrary to the substantive provisions of these Rules and Regulations or any Order of the CSD, the CSD may commence an action for appropriate legal and/or equitable relief in the Circuit Court of this County.

8.4    Penalties

8.4.1 Administrative Penalties

The CSD may assess administrative penalties in accordance with the current “Enforcement Response Guide”. The Executive Director is authorized to determine and assess the appropriate penalty level. In addition to the penalty, the CSD may recover reasonable attorney’s fees and any other expenses incurred in connection with any remedies outlined in this ordinance against the person or persons who have violated this ordinance, order, rules, regulations, and permits, or have individually or jointly caused CSD to violate their permit. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation. All users who obtain a permit or otherwise use the system are deemed to have agreed to this provision.

8.4.2 Civil Penalties

Any user who is found to have failed to comply with any of the provisions of this ordinance, or the orders, rules, regulations and permits issued hereunder, may be fined not less than $100.00, nor more than two t