Legal Documents of Bulls Gap
Code of Bulls Gap
Title 18 Water and Sewers
Chapter 1 General Wastewater Regulations
18-105 : General regulation.
- Applications for service - permits.
- Domestic use and commercial use - a formal application for either original or additional service must be made at the office of the board of public utilities, or other specified location, and be duly approved before connection is made. The receipt by the "board" of a prospective customer's application for service shall not obligate the "board" to render the service. If the service applied for cannot be supplied in accordance with this chapter and the "board's" rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the "board" to the applicant for such service, except that conditional waivers for additional services may be granted by the manager for interim periods if compliance may be assured within a reasonable period of time.
- Industrial use.
- Application: An application for original, additional, or continuation of service must be made at the office of the board of public utilities, or other specified location, and must be duly approved before connection is made. The application shall be in the prescribed form of the board of public utilities, and shall include to the extent reasonably available the estimated pH, temperature, volume, and concentration of BOD, COD, suspended solids, grease, toxic substances and/or metals together with a drawing to approximate scale showing plan of property, water distribution system and sewer layout indicating existing and proposed pretreatment and/or equalization facilities. The receipt by the "board" of a prospective customer's application for service shall not oblige the "board" to render the service. If the service applied for cannot be supplied in accordance with this chapter or the "board" rules and regulations and general practice, the application shall be rejected and there shall be no liability of the "board" to the applicant of such service.
-
Confidential information: all information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restrictions unless the user specifically requests and is able to demonstrate to the satisfaction of the manager that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position. When requested by the person furnishing the 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 available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state of any state agency in judicial review or enforcement proceeding involving the person furnishing the report.
Wastewater constituents and characteristics will not be recognized as confidential. Information accepted by the manager as confidential shall not be transmitted to any governmental agency or to the general public by the manager until and unless prior and adequate notification is given to the user.
-
Certification: all compliance reports, applications and other- reports required to be submitted by an industrial user shall be signed by authorized agents of the industry and shall be submitted with the following certification:
"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."
- Industrial discharge permit.
- Wastewater discharge permits required: all major industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first apply for a discharge permit. An application for this permit must be filed at least sixty (60) days prior to the anticipated start-up date. All applicants need to return the completed application with two (2) weeks from the day the application is received. All existing major industrial users connected to or discharging to any part of the town's system must obtain a wastewater discharge permit within ninety (90) days from and after the effective date of this chapter.
-
Permit application: users seeking a wastewater discharge permit shall complete and file with the manager an application on the form prescribed by the manager, and accompanied by the application fee. In support of the application, the user shall submit the following information:
- Name, address, and SIC number of applicant;
- Volume of wastewater to be discharged;
- Wastewater constituents and characteristics;
- Time and duration of discharge;
- Average and thirty (30) minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;
- Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;
- Description and quantities of all materials on the premises which are, or could be, discharged;
- Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
-
If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
The following conditions shall apply to this schedule:
- The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
- No increment referred to in subsection (A) above shall exceed nine (9) months;
- Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the superintendent;
- Each product produced by type, amount, process or processes and rate of production;
- Type and amount of raw materials processed (average and maximum per day;
- Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
- Any other information as may be deemed by the manager to be necessary to evaluate the permit application.
Upon receipt of the application form the manager or coordinator would review the permit for completeness. IUs who have filed incomplete applications should be notified by the manager that the application is deficient and the nature of such deficiency. IUs will be given fifteen (15) days to correct the deficiency. If the deficiency is not corrected within this time period, the manager has the right to deny the application. Denial of a permit application would result in termination of sewer service for all industrial waste streams.
- Permit conditions: wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the "board." The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this chapter, and applicable state and federal regulations. Permit conditions will include the following:
- The unit charge or schedule or user charges and fees for the wastewater to be discharged to the system.
- Limits on rate and time of discharge or retirements for flow regulation and equalization.
- Requirements for installation of monitoring facilities, including flow monitoring and sampling equipment.
- Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
- Daily average and daily maximum discharge rates, or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.
- Compliance schedules.
- Statement of duration.
- Statement of non-transferability.
- Effluent limits.
- Unit charges for violations of limitations of wastewater strength.
- Requirements for notification to the director of any new processes or substantial changes in existing process or in the volume or character of the existing discharge.
- Notification of slug or accidental discharge.
- Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
- Other conditions to ensure compliance with this chapter.
- Responsibilities of the permitted industrial user:
- All user's subject to a pretreatment standard shall install monitoring facilities, including flow monitoring and sampling equipment as required by the "board."
- Any user subject to a pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the "board," semi-annual reports during the months of June and December, unless required more frequently in the pretreatment standard or by the manager, a report indicating the nature and concentration of pollutant in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of daily flows which during the reporting period, exceeded the average daily flow reported. At the discretion of the manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the manager may agree to alter the months during which the above reports are to be submitted.
- All analysis shall be performed by the administrator 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 administrator.
- If any sampling performed by an industrial user indicates a violation, the user shall notify the manager within twenty-four (24) hours of becoming aware of the violation. A written notification shall be submitted to the manager within five (5) days of the violation describing the following:
- Location of violation, occurrence, duration;
- Type of violation, severity;
- Actions taken, proposed remediation plans, compliance schedule;
- Description of assistance requested (if any); and
-
Steps taken to avoid similar violations in the future.
The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the manager within thirty (30) days after becoming aware of the violation, except the industrial user is not required to resample if:
- The manager performs sampling at the industrial user at a frequency of at least once per month, or
- The manager performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
- Signature requirements - see subsection (1)(b)(iii) above, "certification."
- The industrial user shall be responsible for notifying the "manager" each time a change/modification has been made to the industrial process line or to the industrial wastewater pretreatment plant (if applicable). A new wastewater discharge permit application may need to be submitted as required by the "board." The manager has the right to request additional information about the changes made to the industrial process or wastewater treatment unit as deemed necessary.
- Duration of permits: modification and change by the manager during the life of the permit, as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
- Transfer of a permit: wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
- Renovation of permit; any user who violates the following conditions of his permit or of this chapter, or of applicable state and federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
- Intentional failure of user to accurately report the wastewater constituents and characteristics of his discharge;
- Failure of the user to report significant changes in operations or wastewater characteristics.
- Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
- Violation of conditions of the permit.
- Connection to public sewer.
- Availability: at such time as a sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made within thirty (30) days to the public sewer. The sewer shall be considered available when the first floor of the building above or on ground level can be served by the sewer line in accordance with the board's rules and regulations and general practice. When sewer service is available, it will be presumed that the wastewater from the premises is discharged either directly or indirectly into the sewer, and the property shall be billed for sewage service. However, if the making of connection is delayed, the property shall be subject to such charges thirty (30) days after sewer is accepted by the wastewater control system. Any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned. An extension of time may be granted by the manager for cause.
- Connections:
- Before excavating for sewer service, a permit must be obtained from the sewer commission. A tap fee is required, and must be paid in full before the permit is issued.
- Initial connections to mains and trunk line sewers are to be made into a wye connector or other connection provided in line. If for any reason a wye connector or other connection is not available, the connection to main or trunk will be made by the "board."
- Building sewers (for connection to gravity sewers) snail conform to the following requirements.
- The minimum size of a building sewer shall be four inches (4").
- All joints and connections shall be made water tight.
- The building sewer shall be laid at uniform grade on a continuous firm base and in straight alignment insofar as possible. A clean-out shall be provided outside and within five feet (5') of the wall, and be properly plugged. No bends greater than forty-five (45) degrees, will be permitted.
- Four inch (4") building sewers shall be laid on a grade greater than or equal to one-eighth inch (1/8") per linear foot. Larger building sewers shall be laid on a grade that will produce a velocity when flowing full of at least two feet (2') per second.
- The interior of each length of pipe shall be made perfectly clean and free from off-sets, fins, and projections before the next length is connected.
- Building sewers shall not be constructed closer that five feet (5') to any exterior wall, cellar, basement, or cistern, and depth shall be sufficient to afford protection from frost.
- Waste, gas service, electric service, and building storm sewers, shall not be laid in the same trench as the building sanitary sewer.
- Building sewers (for connection to pressure sewer):
- The owner is required to furnish two hundred twenty (220) volts (twenty (20) amp, two (2) pole breaker) of electrical service to the outside wall closest to the grinder pump. Wire must be a minimum two to twelve (2-12) gauge with ground. Power must be left on year round whether the property is occupied or not.
- The property owner will construct a four inch (4") lateral from his home and connect it to the grinder pump unit. See subsection (3)(b)(iii) above for construction methods.
- The commission will furnish, install, and maintain grinder pump unit.
- Materials: building sewers shall be constructed of a size not less than four inches (4"), nominal internal diameter and shall be of the materials listed below or other suitable material that is approved by the board.
- Cast iron pipe - A.S.T.M. Specifications. A74-42; cast iron solid pipe and fittings.
- Plastic pipe - minimum wall thickness for all plastic pipe is 0.187" Schedule 40 and meet A.S.T.M. specifications. Polyvinyl chloride (PVC) - extra strength - cemented joints; Acrylonitrik-Butadiene-Styrene (ABS) - Sewer pipe and fittings - extra strength - cemented joints.
- All pipe installation and testing shall be in accordance with all current applicable local, county and state plumbing codes.
- A backwater check valve shall be installed in each building sewer where the superintendent or engineer for the commission determines that it is necessary or desirable.
- Inspection of connections: the sewer connections and all sewer laterals from the building to the sewer main line must be inspected by an inspector of the public utilities board before any underground portion is covered.
- Use and maintenance of sewer laterals: sewer laterals that have been previously used but have been abandoned due to the razing of a building structure may be used in connection with new buildings only when they are found, on examination and test by the manager, to meet all requirements of this chapter. All others must be sealed to the specifications of the public utilities board. Each individual property owner or user of the wastewater control facilities shall be entirely responsible for the maintenance of the sewer lateral located on private property. This maintenance will include repair or replacement of the service line as deemed necessary by the "manager" to meet specifications of the public utilities board.
- Private wastewater disposal: where a public sanitary or combined sever is not available, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of subsection (6) below. A service utilizing a private wastewater disposal system must be made at the office of the board of public utilities and be duly approved before construction or reconstruction is commenced.
- Interruption of service. The board shall not be liable for any damage resulting from failure or overflow of any sewer main, service pipes or valves, or by discontinuing the operation of its wastewater collections, treatment, and disposal facilities, for repair, extensions, or connections or from the accidental failure of the wastewater collection, treatment and disposal facilities from any cause whatsoever, in cases of emergency the "board" shall have the right to restrict the use of its wastewater collection, treatment and disposal facilities in any reasonable manner for the protection of the board and the wastewater control system.
- Discontinuance of service and refusal to connect service. The manager shall, after written notice, and allowance of a reasonable time for remedial action, have the right to discontinue service or to refuse to render service for a violation of, or a failure to comply with, this chapter, the rules and regulations, the customer's application and agreement for service, or the payment of any obligation due to the board of public utilities. Such right to discontinue service shall apply to all service received through a single tap or service, even though more than one (1) customer or tenant is furnished service therefrom, and even though the delinquency or violation is limited to only one (1) such customer or tenant. Discontinuance of service by the manager for any cause stated in this chapter shall not release the customer from liability for service already received or from liability from payments that thereafter become due under the minimum bill provisions or other provisions of the customer's agreement. The manager shall have the right to refuse to render service to any applicant whenever the applicant or any member of the household, apartment or dwelling unit to which such service is to be furnished, is in default in the payment of any obligation to the "board" or has heretofore had his service disconnected because of a violation of this chapter or the rules and regulations of the board.
- Private domestic wastewater disposal system. The septic tank and disposal field shall be constructed or reconstructed only in locations which have been approved by the manager or the county health department after making such tests and examinations of the site as he deems essential to determine if the soil absorption, topography, drainage area, etc. are satisfactory for underground disposal. The discharge from the septic tank shall be disposed of in such a manner that it may not create a nuisance on the surface of the ground or pollute the underground water supply. Plans and specifications for private wastewater disposal systems other than septic tanks and drainfields must be submitted to the public utilities board for review for written approval by the manager.
- Commercial and industrial pretreatment.
-
Criteria for pretreatment: any wastewater discharge from a commercial or industrial user of the wastewater control system whose discharge violates the provisions set out in "prohibited wastewater discharges" (subsection (8)(b) below) shall pretreat at the point of origin in a private wastewater treatment plant provided, maintained, and operated by the owner. Any wastewater discharged from a commercial or industrial user of the wastewater control system who exceeds or causes to exceed any provision set forth in "restricted wastewater discharges" (subsection (8)(c) below) shall pretreat at the point of origin in a private wastewater treatment plant provided, maintained, and operated by the owner.
Any commercial or industrial wastewater discharge exceeding only the "limitations on wastewater strength" (subsection (8)(e) below) may be pretreated at the point of origin in a private wastewater treatment plant provided, maintained, and operated by the owner.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall submit as part of the application for wastewater discharge permit. Plans and specifications and other pertinent information relative to the proposed construction to the manager for approval. A compliance schedule for completion shall also be included. It shall meet the requirements of (7)(b)(ii) below. Plans and specifications submitted for approval must bear the seal of a professional engineer licensed to practice engineering in the State of Tennessee. The manager will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the town may issue a wastewater discharge permit subject to terms and conditions provided herein.
- Pretreatment facilities:
- Design and construction: all commercial or industrial users of the wastewater control system who elect or are required to construct new or additional facilities for pretreatment, shall submit plans, specifications, and other pertinent information relative to the proposed construction to the manager for approval. Plans and specifications submitted for approval must bear the seal of a professional engineer registered to practice in the State of Tennessee, written approval of the manager must be obtained before construction of new or additional facilities may begin. The plans, specifications, and other pertinent information submitted to the "board" for approval will be retained as file material for future reference with one approved copy returned to the user.
-
Compliance schedule: in the event new or additional pretreatment facilities for existing sources are required under the provisions of this chapter, the users shall have two (2) years within which to install and place such facilities in operation but during said two (2) year period, shall submit written progress reports to the manager not less than each six (6) months. In the event users are making a good faith effort to comply but are prevented from compliance due to the complexities of a given situation or other circumstance beyond the user's control, this time may be extended by the manager for a period of time not exceeding the commencement of the operation of the new treatment system of time limits imposed by federal pretreatment regulations.
The user shall submit a compliance schedule to the manager within thirty (30) days after the promulgation of an applicable federal categorical pretreatment standard.
The compliance schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required to meet the applicable categorical pretreatment standards. No increment shall exceed nine (9) months. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority, including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the control authority. The completion date in this compliance schedule shall not be later than the compliance date established for the applicable pretreatment standard.
In the event that an IU, without good reason, fails to meet the compliance schedule or fails to comply with conditions of the permit, the IU would be subject to the enforcement provisions described, in § 18-107.
The board shall be notified forty-eight (48) hours prior to start-up of new or modified wastewater pretreatment facilities.
-
Inspection of facilities. A permit for the operation of a new or existing pretreatment or equalization system shall not become effective until the installation is completed to the satisfaction of the manager and written approval for operation is issued to the owner by the manager. The manager or his representative shall be allowed to inspect the work at any state of construction, and in any event, the application for the permit shall notify the manager when the work is ready for the final inspection. In addition, the manager shall be allowed to make periodic inspections of the facilities in operation as he deems necessary. The manager may inspect the facilities of any user to ascertain whether the purpose of this chapter is being net and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the manager or his representative ready access at all reasonable times to parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The manager shall have the right to set up on the user's property such devices as are necessary to conduct sampling; or metering operations. If the user is found to be in violation of his discharge permit, then such user shall pay for any and all damages, including sampling and analytical costs.
In addition, the manager or his representative shall have the right to access or copy records, plans, sampling reports and any other material related to the industrial process as deemed necessary.
- Maintenance of facilities: it shall be the responsibility of the owner to maintain all wastewater treatment or equalization facilities in good working order at all times. The board of utilities must be notified in writing when pretreatment facilities will not be or are not operative by reason of equipment malfunction, emergency or routine maintenance, or any reason whatsoever. It shall be the responsibility of the owner to repair and maintain all pretreatment facilities on a high priority basis.
- If the director and/or his representative has been refused access to a building, structure or property or any part thereof, and if the director and/or his representative has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the board designed to verify compliance with this chapter of any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the sanitary district attorney, to the municipal court, superior court or circuit court, the district may seek a search and/ or seizure warrant describing therein the specific location subject to the warrant. The request by the district shall specify what, if anything, may be searched and/or seized on the property described, such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer. In the event of an extreme emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
-
Monitoring facilities: all users who propose to discharge wastewater with constituents and characteristics different from normal domestic wastewater, shall be required to install a monitoring facility. (Monitoring facility to be a manhole or other suitable facility approved by the manager which may include a metering device with suitable accommodations for composite sampling.) When, in the judgment of the manager, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the manager may require that separate monitoring facilities be installed for each separate source of discharge. Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurements of wastewater produced by a user. If sampling or metering equipment is also required by the manager, it shall be provided and installed at the user's expense. However, such sampling equipment shall be required by the manager only after sampling by the board with a portable sampler establishes the existence of significant variations in concentrations or constituents of the user's discharge. Operation, maintenance, and self-monitoring sampling (if required by the board) shall be performed by the IU at the user's expense. Wastewater samples collected by the manager during sampling and testing will be made available to the industry if requested. Analytical results from split samples shall not be used to fulfill the monitoring compliance schedule of the permittee. However, the IU shall report all results derived from split sampling to the manager.
The monitoring facility will normally be required to be located on the user's premises outside of the building. The manager may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way, and located so that it will not be obstructed by landscaping or parked vehicles.
If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for "board" personnel.
Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the manager's requirements and all applicable local agency construction standards and specifications. When, in the judgement of the manager, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed within one hundred eighty (180) days following written notification unless a written extension is granted by the manager.
- Slug control plan: As stated in 40 CFR § 403.8(f)(2)(v), the manager will randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year. Evaluate, at least once every two (2) years, whether each such significant industrial user needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge. The results of such activities shall be available to the approval authority upon request. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
- Description of discharge practices, including non-routine batch discharges;
- Description of stored chemicals;
- Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under subsection (8)(b), prohibited wastewater discharges, with procedures for follow-up written notification within five (5) days;
- If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
- Protection from accidental discharge: each user shall provide protection from accidental discharge into the sewer of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing the facilities and operating procedures shall be submitted to the manager for review and shall be approved by the manager before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to meet the requirements of this chapter.
- Grease, oil and sand interceptors: grease, oil and sand interceptors shall be provided when, in the opinion of the manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or 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 manager and shall be located as to be readily and easily accessible for cleaning and inspection.
-
Hauled wastewater: septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area, and at such, times as are established by the superintendent, provided such wastes do not violate § 18-105 or any other requirements established or adopted by the Town of Bulls Gap.
The discharge of hauled industrial wastes and/or wastewater as "industrial septage" requires prior approval and a wastewater discharge permit from the board. The director shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation or cause pass-through of the POTW or adversely affect the quality of the POTW sludge. Waste haulers are subject to all other sections of this chapter.
- Underground storage tank wastewater: wastewater from contaminated underground storage tank sites within the legal boundaries of the Town of Bulls Gap may be discharged to the POTW only when and if a permit application, as prescribed by the director is applied for and a special "underground storage tank wastewater discharge permit" as prescribed by the director, is issued to the owner and or tenant or the property at which the contaminated wastewater is generated. All other aspects of this chapter will be in force for these permits also.
- Vandalism: no person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of board property, i.e., (automatic samplers and other field equipment). Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 18-107 and 18-108.
-
- Discharge regulations. All users of the facility of the wastewater control system shall comply with the following regulations and restrictions before discharging or causing to be discharged any wastewater to the public sewer system. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with 40 CFR part 136 and the latest edition of Standard Methods available at the "board's" office.
-
Notification of discharge of hazardous wastes: The industrial user 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 industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial 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 twelve (12) months.
All notifications must take place within one hundred eighty (180) days of the effective date of this rule. Industrial users who commence discharging after the effective date of this rule shall provide the notification no later than one hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR § 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR § 403.12(b), (d), and (e).
Dischargers are exempt from the requirements above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute 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 (1) time notification.
Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
In the case of any new regulation under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
In the case of any notification made under this section, the industrial 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 practicable.
- Prohibited wastewater discharges: No user shall introduce, directly or indirectly, into POTW, any pollutants which will cause pass-through or interference with the operation and performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
- Any water or wastes having corrosive or explosive properties, containing toxic poisonous substances, or noxious or malodorous gas, which either singly or by interaction with other wastes or which is capable of causing an obstruction, or which may in any other way cause any interference with the proper operation of the wastewater control system.
- No water or wastes shall be discharged to the public sewer in "slugs" so that the flow rate or concentration of pollutants causes sufficiently sudden changes in the wastewater as it arrives at the wastewater treatment plant to interfere with proper operation. Radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the sewage facilities or personnel operating the system.
- Any unpolluted water including, but not limited to, water from cooling systems or of stormwater origin, which will increase the hydraulic load on the treatment system.
- Wastes with the objectionable color not removable by treatment process.
- Oil and grease if concentration and dispersion results in separation and adherence to sewer structures and appurtenances in excess of normal domestic wastewater.
- Solid or viscous materials which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facility such as, but not limited to, grease, garbage with particles greater than one half inch (1/2") in any dimension, paunch, manure, hones, hair, hides, or fleshing, entrails, whole blood, feathers, 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 other processing of fuel or lubricating oil, mud or glass grinding or polishing waste.
- Any liquid, 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 POTW. At no time should there be two (2) successful 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 twenty percent (20%) of the lower explosive limit of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromate, carbides, hydrides, and sulfides and any other substances which the town, the state or EPA has notified the user is a fire hazard or a hazard to the system.
- Any wastewater having a pH less than 5.0 or higher than 9.5 or any wastewater having any corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel or the POTW.
- Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interferences, but in no case wastewater with a temperature at the introduction to the POTW which exceeds forty degrees centigrade (40°C) or one hundred five degrees Fahrenheit (105°F).
- Wastes requiring more than twelve (12) mg/l of chlorine, as measured by the orthotolidine method, to produce a residual of ten (10.0) ppm after a contact period of fifteen (15) minutes.
- 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 degrees that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
- Any substance which may cause the POTW effluent or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal 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.
- Any substance which will cause the POTW its NPDES permit and/or state disposal system permit or the receiving water quality standards.
- Any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts which will cause pass-through or interference.
- Any pollutants which will 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 trucked or hauled pollutants except at discharge points designated by the POTW.
- Deny or condition pollutants to POTW which do not meet pretreatment standards or would cause POTW to violate its NPDES permit.
- Restricted wastewater discharges:
-
No person or user shall discharge wastewater which exceeds the following set of standards unless an exception is permitted as provided in the ordinance. Dilution of any wastewater discharge for the purpose of satisfying these requirement shall be considered a violation of this chapter.
Restricted Wastewater Discharges
Constituents Monthly Averages (l) Maximum Concentration (mg/l) Daily Instantaneous Maximum Concentration (mg/l) Antimony, total 1.0 1.5 Arsenic, total 0.098 0.148 Boron, total 2.0 3.0 Cadmium, total 0.0152 0.0228 Chromium, total 0.606 0.9092 Copper, total 0.531 0.7962 Cyanide, total 0.6958 1.043 Lead, total 0.2827 0.424 Mercury, total 0.0015 0.0023 Nickel, total 1.8152 2.7198 Selenium, total 0.179 0.262 Silver, total 0.0655 0.0983 Zinc, total 1.63 2.44 Chlorinated hydrocarbons 10.0 15.0 Phenols, total 10.0 15.0 pH (units) 5.5 9.5 Surface active agents (as MBAS) 10.0 15.0 Non-biodegradable TD solids 5000.0 5000.0 Oil and grease (petroleum and/or mineral base) 50.0 100.0 Temperature (°F) 150° - Based upon twenty-four (24) hour flow proportional composite samples.
- 40 CFR § 403.12(b)(5)(iii) requires that grab samples be utilized for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics.
- Conditions set out below for the treatment plant influent must also be met which may require a reduction of values set out for individual discharges.
-
Total Toxic Organics (TTOs) - Limits for those parameters on the TTO list will be considered on an individual case basis, by the director, for those not regulated in the 40 CFR of the Act for categorical and/or non-categorical industries, considering such factors including but not limited to: concentration, flow, pound, loading to the POTW and other considerations necessary to prevent pass-through and protect the POTW as set forth by the director.
Plant Protection Criteria
Parameter Maximum Concentration (mg/l) Arsenic 0.0161 Copper 0.2051 Chromium 0.133 Nickel 0.2837 Cadmium 0.0112 Lead 0.1 Mercury 0.0008 Molybdenum 0.0084 Selenium 0.0214 Silver 0.0147 Zinc 0.2 Cyanide 0.14 Toluene 0.2143 Benzene 0.012 1, 1, 1 Trichloroathane 0.2727 Ethylbenzene 0.02 Carbon Tetrachloride 0.0385 Chloroform 0.3148 Tetrachloroehylene 0.125 Trichloroethylene 0.1667 1, 2 Transdichloroethylen 0.0056 Methylene chloride 0.1667 Phenol, total 0.3125 Naphthalene 0.0034 Total phathalates 0.1037 Temperature (°F) 100° pH units 6-9
No statement in this chapter is intended or may be construed to prohibit the manager from establishing specific wastewater discharge criteria more restrictive where wastes are determined to be harmful or destructive to the facilities of the wastewater control system, or to create a public nuisance, or to cause discharge of the wastewater control system to violate effluent or stream quality standards, or to exceed industrial pretreatment standards for discharge to municipal wastewater treatment systems as imposed or as may be imposed by the Tennessee Department of Public Health and/or United States Environmental Protection Agency.
-
- Affirmative defenses: a user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions.
-
Limitations on wastewater strength: it is the intent of this chapter to regulate all discharges of compatible wastes in excess of normal domestic wastewater, the major parameters as determined by twenty-four (24) hour composite samples, shall be as follows:
Constituent Daily Average Concentration (mg/l) BOD/COD 400/400 SS 400 Oil and grease (animal and/or vegetable base) 100 Nitrogen, total 40 Any wastewater containing over four hundred (400) mg/l of BOD or total suspended solids will be surcharged at the appropriate rate or pretreated to levels so as not to cause destruction to the sanitary sewer system.
- Exceptions to discharge criteria: non-residential users of the wastewater control system may apply for a temporary exception to the restricted and regulated wastewater discharge criteria listed in subsections (8)(b) and (8)(c) below. Exceptions can be granted according to the following guidelines subject to the appeals procedure provided in § 18-107.
- All exceptions granted under this paragraph shall be temporary and subject to revocation at any time by the manager upon a reasonable notice.
- The user requesting the exception must demonstrate to the manager that he is making a concentrated and serious effort to maintain high standards of operation and control and housekeeping levels, etc. so that discharges to the wastewater control system are being minimized. If negligence is found, permits will be subject to terminations.
- The user requesting the exception must demonstrate that compliance with stated concentration and quantity standards is technically or economically infeasible and the discharge, if exempted, will not:
- Interfere with the normal collection and operation of the wastewater collection system.
- Limit the sludge management alternatives available and increase the cost of providing adequate sludge management.
- Pass-through the POTW in quantities and/or concentrations that would cause that POTW to violate its NPDES permit.
- The user must show that the exception if granted, will not cause the discharger to violate its in force federal pretreatment standards unless the exception is granted under provisions of the applicable pretreatment regulations.
- A surcharge shall be applied to any exception granted under this paragraph. These surcharges shall be applied for that concentration of the pollutant for which the variance has been granted in excess of the concentration stipulated in this chapter based on the average daily flow of the user.
- At such time that the levels of pollutants must be reduced because of violations of any of the provisions of subsection (c) above, the following method shall be used to reduce the discharge levels. All users shall be required to reduce their discharge levels by a sufficient amount to meet the standard being violated. Users shall be required to reduce their discharge levels in accordance with their contribution to the system.
- Relaxation of discharge criteria: the manager shall, to the maximum extent feasible, recommend a relaxation of criteria established in this chapter in the event the POTW effluent standards are changed or if the POTW removals are such that a relaxation will not cause violation of the effluent standards.
-
- Wastewater disposal services.
- Permit: no person, firm, association, or corporation shall clean out, drain or flush any septic tank or any other type of wastewater or excreta disposal system into the POTW unless such person, firm, association or corporation obtains a permit from the manager to perform such acts or services. Any person, firm, association or corporation desiring a permit to perform such services shall file an application on the prescribed form. Upon any such application, said permit shall be issued by the manager when the conditions of this chapter have been met and providing the manager is satisfied the applicant has adequate and proper equipment to perform the services contemplated in a safe and competent manner.
- Fees: for each permit issued under the provisions of this chapter and annual service charge therefore shall be paid to the public utilities board of the Town of Bulls Gap, Tennessee, to be set as specified in § 18-106, "charges and fees." Any such permit granted shall be for one (1) full fiscal year or a fraction of the fiscal year, and shall continue in full force and effect from the time issued until the ending of the fiscal year unless sooner revoked, and shall be non-transferable. The number of the permit granted hereunder shall be plainly painted on each side of each motor vehicle used in the conduct of the business permitted hereunder.
- Designated disposal locations: the manager shall designate approved locations for the emptying and cleansing of all equipment used in the performance of the services rendered under the permit herein provided for, and it shall be a violation hereof for any person, firm, association or corporation to empty or clean such equipment at any other place other than the place so designated.
- Discharge criteria: all waste discharged into the system by wastewater disposal services shall meet discharge regulations and restrictions as stated in subsection (8) above.
- Revocation of permit: failure to comply with all the provisions of this chapter shall be sufficient cause for the revocation of such permit by the manager. The possession within the town limits of Bulls Gap by any person of any motor vehicle equipped with a body type and accessories of a nature and design capable of serving as a septic tank or wastewater or excreta disposal system cleaning unit shall be prima facie evidence that such person is engaged in the business of cleaning, draining, or flushing septic tanks or other wastewater or excreta disposal systems within the town limits of Bulls Gap.
- Charges and billing.
- Wastewater service charge: the wastewater service charge for normal domestic wastewater is based on the water discharged to the wastewater control system as measured by the public water supply meter, or meters, and/or by any supplementary meter, or meters, necessary to measure the amount of water discharged. The basic wastewater service charge shall be determined upon the metered flow and at rates as provided for in § 18-106.
- Users who discharge or cause to be discharged extra strength wastes to the sewer system in accordance with the provisions of this chapter with an appropriate permit therefor will be subject to a surcharge to compensate the wastewater control system for above normal operation and maintenance expense incurred in treating and disposing of the discharge with credit for any reduced operating cost as a result of the constituents or characteristics discharged by the user. The surcharge for extra strength wastes will be assessed in accordance with the provisions of § 18-106. Users who discharge extra strength wastes without a permit shall be subject to the provisions of subsection (4) above.
- Sampling, flow monitoring, and analysis. Users who are found to be in violation and who are required by the manager to have sampling and flow monitoring devices installed (temporary or permanent) shall be charged to compensate the board for operating and maintaining equipment and for performing analytical tests on their discharge. The charge will be assessed in accordance with provisions of § 18-106.
- Billing. The billing for normal domestic wastewater shall consist of a minimum wastewater service charge with rates as specified by the "board" subject to net and gross rates. Wastewater discharges with above normal strength characteristics will be subject to an extra strength surcharge in addition to the wastewater service charge. In addition, certain industrial users will be liable for payment of sampling, flow monitoring and analysis charges.
- Minimum charges. Where the sewer service charge is computed directly, the minimum charge will be as stated in the schedule of rates and charges as established by the board of public utilities.
- Estimated billing. If a meter fails to register properly, or if a meter is removed to be tested or repaired, or if water is received other than through a meter, the "board" reserves the right to render an estimated bill based on the best information available. The manager also reserves the right to require metering of any water discharged into the sewer system.
- Supplemental water supply. In the event that any customer uses water from a source other than the public water supply, for any purpose other than for sprinkling lawns and/or gardens, or other use with no discharge into the wastewater control system, the customer must install or have installed according to the "board's" specifications and maintain a supplementary meter to measure the amount of water so used and the amount so used shall be computed in determining the wastewater service charge.
- Adjustments and corrections of errors. Such adjustments to billing for over or under registration of meters, for leaks, for the determination of water use by consumers when meters have been inoperative, for an obviously incorrect meter reading, or for other recognized and proper adjustments as are granted to water customers by the "board" and such adjustment for water use shall be applied in obtaining the indicated adjusted billing of sewer charges. All other requests for adjustments of sewer charges made to the "board" shall be referred to the manager who will handle such complaints. Any adjustment or decision thus authorized by the manager shall be made to the customer affected thereby.
- Exemptions. Claims for exemption from the sewer service charge because of non-availability of sewers may be made to the manager, giving the "board" account number. Exemptions from the charge will be retroactive to the commencement date of the sewer service charge or the date of non-availability. (Ord. #02-16-99-1, March 1999)
Officials at Date of Last Codification:
Mayor - Michael Solomon
Vice Mayor - Jimmy Sexton
Aldermen - Betsy Shipley
Aldermen - Gaylon Williams
Aldermen - Susan Williams
Recorder - Lorraine Heck