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03/18/2008 Regular City Council MeetingCITY OF MONROE REGULAR CITY COUNCIL MEETING 300 W. CROWELL STREET, MONROE, NC 28112 MARCH 18, 2008 - 6:30 P.M. AGENDA www.monroenc.org Recognition -February 2008 Citizen Recycling Incentive Program Awards 2. City Manager Comments A. National League of Cities Meeting B. FY 2008-2009 Budget Update ~' C. Special City Council Strategic Planning Session D. Environment and Water Resources Committee E. Approval to Apply for "Clean Fuel Advanced Technology" Grant F. Wireless Internet Service in Downtown G. Fire Department Support to the City of Salisbury H. Update on Projects to Various Parks/Facilities CONSENT AGENDA The City Council uses a Consent Agenda to consider items that are non-controversial and routine. The Consent Agenda is acted upon by one motion and vote of the Council. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council Member or Citizen. The Consent Agenda contains the following items: 3. Approval/Acceptance of Minutes A. Minutes of the Transportation Committee Meeting of January 7, 2008 B. Minutes of Board of Adjustment Meeting of January 24, 2008 C. Minutes of Land Development Committee Meeting of January 24, 2008 D. Minutes of Planning Board Meeting of March 5, 2008 (Draft) 4. Ordinances A. To Amend Code of Ordinances -Chapter 75: Traffic Code -Traffic Schedules B. To Amend Code of Ordinances -Chapter 52: Wastewater/Sewer Use C. To Establish a Downtown Advisory Board D. To Amend Code of Ordinances -Chapter 35: Public Safety 5. Call for Public Hearings to be Held April 1, 2008 A. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 E. Roosevelt Boulevard from GB (General Business) to Conditional District "GB-Couchell" B. Zoning Text Amendment Request for Standardized Zoning Regulations for Union County Public Schools to Amend Section 156.110 of the Unified Development Ordinance Titled "Table of Permissible Uses" to Allow "Public Regulaz City Council Meeting March 18, 2008 Page 91 Schools by Right" and to Add Section 156.04 to the Land Development Plan Titled "Institutional Uses" to Add the Actual Design Regulations 6. Resolution to Honor Retiring Employee -Herman Franklin Parker 7. Summary of Contracts Awarded Pursuant to 0-2001-17, Change Orders Approved Pursuant to R-2000-76, and Authority of City Manager to Settle Certain Claims Pursuant to 0-2004-27 REGULAR AGENDA Public Hearings -Please adhere to the following guidelines: • Proceed to the podium, and state your name and address clearly; • Be concise; avoid repetition; limit comments to three (3) minutes or less; • Designate a spokesperson for large groups. 8. Water Supply Update 9. Zoning Map Amendment Request from R-20 (Residential Low-Density) to Conditional District "Windy Ridge Phase V" for 22 Single-Family Residential Units (Tabled from November 20, 2007) /~ A. Public Hearing t B. Action -Zoning Map Amendment - - C. Action -Resolution of Land Development Plan Compliance -Conditional District "Windy Ridge Phase V" 10. Zoning Text Amendment Request to Adopt Two Flood Insurance Rate Map Panels and to Amend the City's Floodplain Ordinance A. Public Hearing B. Action -Ordinance to Amend Zoning Code 11. Consideration of Annexation Request by City of Monroe for 1.016 Acres Located off Rocky River Road and Deer Track Lane -City of Monroe Water Tower A. Public Hearing B. Action -Ordinance to Extend Corporate Limits 12. Initial Zoning Request for 1.016 acres located off North Rocky River Road and Deer Track Lane from Union County RA-20 to Conditional District "City of Monroe Water Tower" A. Public Hearing B. Action -Zoning Map Amendment C. Action -Resolution of Land Development Plan Compliance -Conditional District "City of Monroe Water Tower" 13. Contract Award for Western/LJpper Water Zone Elevated Water Storage Tank A. Award of Contract Bid Regular City Council Meeting Mazch 18, 2008 Page 92 B. Capital Project Budget Ordinance 14. Variance Requests by Goulston Technologies 15. Recommendation of Appointments from Citizens Appointment Committee 16. Public Comment Period 17. Closed Session - N.C.G.S. 143-318.11(a)(4) (~ Regulaz City Council Meeting March 18, 2008 Page 93 CITY OF MONROE REGULAR CITY COUNCIL MEETING MARCH 18, 2008 - 6:30 P.M. MINUTES The City Council of the City of Monroe, North Carolina, met in Regular Session in the City Hall Council Chambers, 300 W. Crowell Street, Monroe, North Carolina, at 6:30 p.m. on March 18, 2008 with Mayor Bobby G. Kilgore presiding. Present: Mayor Bobby G. Kilgore, Mayor Pro .Tem P.E. Bazemore, Council Members John Ashcraft, Billy Jordan, Dottie Nash, .Robert J. Smith, City Manager F. Craig Meadows, and City Clerk Bridgette H. Robinson. Absent: Council Member Lynn Keziah and City Attorney Terry Sholar. Visitors: Bruce Bounds, Russ Colbath, Jason deBruyn, Mark Donham, Debra C. Duncan, Jim Fatland, J. Gaskins, Wayne Herron, Chris Isaacs, Mike Keziah, Debra Korb, Jim Loyd, Gordon Magee, Guy Peters, Chris Plate, Bruce Robinson, Royle Simpson, R. Stack, Johnny Stevens, Dale Stollor, Mike Torralba, Tina Ann Wild, and others. _ Mayor Kilgore called the Regular City Council Meeting of March 18, 2008 to order at 6:30 p.m. A quorum was present. Item No. 1. Recognition - February 2008 Citizen Recycling Incentive Program Awards. Mayor Kilgore recognized the winners of the Citizen Recycling Incentive Program Awards for February 2008: First Place -Tina Wild ($200), and Second Place -Royal Simpson ($100). Ms. Wild will compete with future monthly winners for the annual grand prize of $500 which is being provided by Allied Waste Industries in June 2008. Item No. 2. City Manager Comments. City Manager Meadows briefed Council on the following items: A. National League of Cities Meeting. Members of Council and staff had a very productive trip to the National League of Cities Annual Meeting which was held Washington, DC. B. FY 2008-2009 FY Budget Update. Budget meetings are being held with department heads to review information. C. Special City Council Strategic Planning Session. The discussion of Council goals and objectives for the upcoming fiscal year and planning for 2008-2009 Budget will be held on Thursday, March 27 at 9:00 a.m. in the City Hall Council Chambers. Regular City Council Meeting Mazch 18, 2008 Page 94 D. Environment and Water Resources Committee. The Stormwater Stakeholders Committee has concluded their work and their findings were presented at the Environment and Water Resources Committee meeting today. This information will also be presented- at an upcoming City Council meeting. City Manager Meadows thanked the Stakeholders Committee for their hard work and dedication on this project. E. Approval to Apply for "Clean Fuel Advanced Technolo~y" Grant City Manager Meadows advised that the Police and Fire Departments were seeking consensus from Council to apply for a grant from the North Carolina Solar Center at North Carolina State University as part of the Clean Fuel Advanced Technology Grant program. The grant is for two Segways to be used by the Police Department for community policing and special events. The request from the grant is $9,720 and the City's match would be $2,430. If the grant is awarded, staff will bring the matter back to Council for approval. Consensus of Council was to authorize approval to apply !for the Clean Fuel Advanced Technology Grant. F. Wireless Internet Service in Downtown. City Manager Meadows advised that consensus from Council at the March 4 Strategic Planning Session was for Staff to continue moving forward with this project to obtain additional information. _ Council Member Jordan stated that he would like to see the City go on record as being the sponsor for the project. Council Member Smith advised that he had received a call from another person that had been working on wireless mternet m the county and he would like to see the Strategic Initiatives Committee discuss this matter before the next City Council meeting. Council Member Jordan stated that WildFire was looking for a sponsor and he would like to ensure that the City was on record as being interested in being the sponsor before someone else took advantage of the opportunity. Council Member Smith stated that he did not have a problem with this statement. City Manager Meadows advised that staff will advise WildFire that the City wants to continue to ~~ have follow-up discussion and that the City was interested in being a primary sponsor. Assistant City Manager Mark Donham stated that WildFire requested the money when the program was started. He advised that the cost was $20,000 to ;.put in infrastructure for the free wireless which is outside the buildings. He advised that WildFire also wanted to provide a subscription service as well, which would go into the buildings to allow inside access. This cost is $20,000 if both products are purchased upfront together. If the City chose to purchase the programs separately, the cost would be $50,000. Information Technology Director Bruce Bounds stated that in speaking with WildFire, they indicated that the difference in the prices was due to the fact that WildFire would already be here working, and not having to make an additional trip would allow for the savings in cost. Regular City Council Meeting Mazch 18, 2008 Page 95 G. Fire Department Support to the City of Salisbury. ; The Fire Department has been providing support to the Salisbury Fire Department the last couple of weeks due to the deaths of two of their firefighters. The crew is scheduled to return to Monroe tomorrow. H. Update on Projects to Various Parks/Facilities. The ballfield lights are currently being installed at the Parks Williams Park and at Sunset Park. Sutton Park Gym and Dickerson Gym are now air conditioned and the Winchester Gym will be air conditioned within the next couple of weeks. CONSENT AGENDA Mayor Kilgore reviewed the Consent Agenda and asked if any member of the Council or citizen would like to have any items moved from the Consent Agenda to the Regular Agenda for discussion. Written background information was provided in advance in the Council Agenda Packets for each item on the Consent Agenda. One motion and vote was taken, which included approval of all items on the Consent Agenda. Item No. 3. ApprovaUAcceptance of Minutes. A. Minutes of Transportation Committee Meeting of January 7, 2008. Minutes of the Transportation Committee Meeting of January 7, 2008 were received as information by Council. _ B. Minutes of Board of Adjustment Meeting of January 24, 2008. Minutes of the Board of Adjustment Meeting of January 24, 2008 were received as information by Council. C. Minutes of Land Development Committee Meeting of January 24, 2008. Minutes of the Land Development Committee Meeting of January 24, 2008 were received as information by Council. D. Minutes of Planning Board Meeting of March 5, 2008 (Draft). Minutes of the Planning Board Meeting of March 5, 2008 (Draft) were received as information by Council. Item No. 4. Ordinances. A. To Amend Code of Ordinances -Chapter 75: Traffic Code -Traffic Schedules. Engineering Director Jim Loyd advised by memorandum that the City had accepted for maintenance a number of streets in new subdivisions. He requested that that Council adopt an Ordinance providing for the addition of these streets to the Traffic Schedule for Through Streets as well as to provide for several corrections and updates not previously addressed. Council Member Nash moved to adopt Ordinance 0-2008-08: ORDINANCE TO AMEND TITLE VII, CHAPTER 75: TRAFFIC CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-08 Regulaz City Council Meeting March 18, 2008 Page 96 BE IT ORDAINED by the City of Monroe Council that Title VII: Traffic Code, Chapter 75 - Traffic Schedules of the City of Monroe Code of Ordinances is amended as follows: Section 1. DELETE: SCHEDULE II. THROUGH STREETS THROUGH STREETS Throu h Street Sto Streets Charlotte Avenue Allen Street Charlotte Avenue a/k/a Old Charlotte Road and Otd Charlotte Highwa Moore's Trailer Park Road Faulk Street Oleen Street Mason Street S ud Smith Street Memor Lane Quail Drive (eastbound lane only) Rock River Road Goldmine Road Secrest Short Cut Road Rock River Road Sim son Street Ammunition Road Winchester Avenue Winchester Avenue (East side) Section 2. DELETE: SCHEDULE IV. ONE WAY STREETS FULL-TIME ONE WAY STREETS Street Direction From To Lane Street Eastbound Stewart Street Main Street Section 3. ADD: SCHEDULE II. THROUGH STREETS THROUGH STREETS Throu h Street Sto Streets Charlotte Avenue I B Shive Drive Chatterlei h Drive Blueber Drive East Avenue Ida Lane Fairmont Street Habitat Lane Goldmine Road Famil Circle James Hamilton Road Saint James Way Kevinshire Court Panther Alle Kevinshire Court Sinclair Drive Lancaster Avenue Wesle Hill Trail M L King Jr. Boulevard Tradewinds Drive Memor Lane Quail Drive (westbound lane onl ) Old Pageland-Monroe Road East Village Drive Rainmaker Drive Panther Alle Riverside Lane Cuthbertson Street Rocky River Road Johnsie Thomas Lane Regular City Council Meeting March 18, 2008 Page 97 Rolling Hills Drive Brawinal Court Sim son Street Lac W Eu Drive Sinclair Drive Rainmaker Drive Sk watch Lane Kevinshire Court Sk watch Lane Rainmaker Drive Sk watch Lane Sinclair Drive Stevens Street Sonn Court S camore Street Woodland Avenue Twin Peaks Court Chatterlei h Drive U S Hi hway 74 Woodbrook Lane Walters Division Road Pinyan Avenue Williams Road Extension Princess Kell Wa Winchester Avenue Winchester Avenue (westbound lane at Miller Street) Section 4. This Ordinance shall be effective upon adoption. Adopted this 18`l' day of March, 2008. ~` Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. To Amend Code of Ordinances -Chanter 52: Wastewater/Sewer Use. Water Resources Director Russ Colbath advised by memorandum that staff, in working with the USEPA and NCDENR, had prepared amendments to Chapter 52 -Wastewater/Sewer Use Ordinance that were required to meet current regulatory mandates. He advised that the required changes were driven by two actions: 1) Recent rule changes were promulgated to the Federal Pre-treatment Rules in 40 CFR 403. These changes were broadly referred to as the USEPA "Streamlining" changes, and required Pretreatment program to adopt certain rules; and, 2) The NCDENR Pretreatment, Emergency Response, and Collections Systems (PERCS) Unit issued revisions to the State Model Sewer Use Ordinance to ensure compatibility with USEPA rules and NC General Statutes. Mr. Colbath advised that the changes did not substantially modify the way the City did business and, in most cases, were housekeeping and terminology changes. Staff recommended that Council adopt an Ordinance to amend Chapter 52 -Wastewater/Sewer Use Ordinance of the Monroe Code of Ordinances and the associated Enforcement Response Plan. Council Member Nash moved to adopt Ordinance 0-2008-11. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Regular City Council Meeting Mazch 18, 2008 Page 98 Said Ordinance 0-2008-11 is hereby incorporated as a part of these Minutes as Exhibit "A. " C. To Establish a Downtown Advisory Board. Assistant City Manager Wayne Herron advised by memorandum that on February 19, 2008 Council adopted the Downtown Master Plan that was developed through collaboration between staff, LandDesign, and the Downtown Advisory Committee. One recommendation within the Downtown Master Plan was to establish a Downtown Advisory Board that will be appointed by Council. Mr. Herron advised that the newly established Downtown Advisory Board will advise the Council on downtown issues and will help facilitate the implementation of the Downtown Master Plan and will also review development and redevelopment proposals, and make recommendations to Council in the downtown area. The Downtown Advisory Board will serve to support economic development efforts, and the marketing and promotion of downtown. Mr. Herron advised that the Board is proposed to have ten members that have interests in downtown Monroe. He advised that it was suggested that the ten member board contain a cross section of community members that own property, own businesses or have other specific skills or interests that would be beneficial to downtown growth and revitalization. Staff recommended that Council adopt an Ordinance to establish a Downtown Advisory Board. Council Member Nash moved to adopt Ordinance 0-2008-09: ORDINANCE TO AMEND TITLE III, CHAPTER 32: BOARDS, COMMISSIONS AND DEPARTMENTS OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-09 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation, ~'~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE III, CHAPTER 32 OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Amend Chapter 32 "Boards, Commissions and Departments" by adding the following: DOWNTOWN ADVISORY BOARD §32.130 CREATED. The Downtown Advisory Board having been created 6y the City of Monroe City Council shall be hereafter referred to as the "Downtown Advisory Board." Regulaz City Council Meeting March 18, 2008 Page 99 The Downtown Advisory Board shall be considered a "public body" and is subject to all rules and regulations for public bodies contained in the North Carolina's Open Meetings regulation (i.e. Law, G.S. 143-318.10 et seq). §32.131 MEMBERSHIP, TERMS OF OFFICE, AND ELECTION OF OFFICERS. A. Membership. The Downtown Advisory Board shall consist often (10) members. B. Terms of office. Members of this board shall serve staggered, three-year terms with no limit on the number of terms a member may serve. C. Election of Officers. A chair and vice-chair shall be elected by the board members. Each officer shall serve for a one (1) year term, but may be elected by the Downtown Advisory Board for successive terms to the same office. t Annually, in the first regular meeting of the calendar year, a Chairman and Vice- Chairman shall be elected. §32.132 MEETINGS, ATTENDANCE, AND COMPENSATION. A. Meetings. The board shall establish its meeting schedule. Special meetings may be called by the chair or, in her/his absence, by the vice-chair, and special meetings shall be called upon the request of a majority of members of the board. B. Attendance. If any member of the Downtown Advisory Board is absent for three (3) consecutive regular meetings without an excused absence being approved by the chair or fails to attend thirty (30) percent or more of the regular meetings within atwelve-month period, such member shall be removed and a replacement made for the unexpired portion of the term. C. Compensation. Members of the Downtown Advisory Board shall receive compensation in the amount of $75 per month for the Chairman and $50 per member, per meeting attended, and is reimbursed for all expenses incurred by them in the course of their duties. §32.133 QUORUM AND VOTING. A quorum shall be constituted by a simple majority of board members, excluding vacancies. The chair or the presiding member of the board shall vote on all matters of business considered by the board. A quorum shall be required before any vote is taken. §32.134 GENERAL DUTIES AND POWERS. The general purpose of the Downtown Advisory Board is to serve as an advisory board to the City Council subject to such limitations as may be imposed by state law or by ordinances of the city, the board shall be embodied for the following purposes: 1. Advise, deliberate and make recommendations to the City Council to help facilitate the implementation of the Downtown Master Plan. 2. Serve to support economic development efforts, and the marketing and promotion of downtown. Regular City Council Meeting March 18, 2008 Page 100 3. Identify appropriate uses for downtown and identify developers/investors for downtown development. 4. Recommend to City Council an overall policy for the continued development and sustainability of downtown. 5. Develop financial tools for downtown development. 6. Promote and facilitate the improvement of downtown infrastructure, including water, public safety, parks, parking, transportation, utilities sidewalks, sewer, and streetscape. 7. Promote and facilitate a program to assist in business retention in the downtown. 8. Promote and facilitate a marketing program to increase sales, visitors, and awareness of downtown. 9. Provide City Council with representative community participation in preparing and implementing plans and reports concerning development of downtown. 10. Promote, facilitate, and act as liaison to catalytic developments significantly affecting the downtown area. Section 2. This Ordinance shall become effective on the date of its adoption. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraf[, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None D. To Amend Code of Ordinances -Chapter 35: Public Safety. City Manager Meadows advised by memorandum that in reviewing the Code of Ordinances, staff has identified an omission that was inadvertently overlooked. Session Law 2005-17 which states "An Act Amending the Charter of the City of Monroe to Allow the City Manager to Hire the Chief of Police" was adopted on April 27, 2005; thereby repealing Section 4.5 of the Charter of the City of Monroe. However, the wording was not revised in Chapter 35 of the Code of Ordinances. Staff recommended that Council adopt an Ordinance to amend Chapter 35 of the Monroe Code of Ordinances. Council Member Nash moved to adopt Ordinance 0-2008-14: ORDINANCE AMENDING TITLE III, CHAPTER 35: PUBLIC SAFETY OF THE MONROE CODE OF ORDINANCES 0-2008-14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TTI'LE III, CHAPTER 35 OF THE MONROE ORDINANCES IS HEREBY AMENDED AS FOLLOWS: TEXT AMENDMENT Section 1. Delete §35.04 (A) (1) and (2) in its entirety (reference SL 2005-17). Section 2. This Ordinance shall be effective upon adoption. Regular City Council Meeting Mazch 18, 2008 Page 101 Adopted this 18`" day of March, 2008. ' ~' Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None , Item No. 5. Call for Public Hearings to be Held March 18, 2008. i A. Zoning Map Amendment Request by Couchell Investment Company for Property Located at 386 E. Roosevelt Boulevard from GB (General Business) to Conditional District "GB-Couchell." Council Member Nash moved to call for a public hearing to be held on April 1, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None B. Zoning Text Amendment Request for Standardized Zoning Regulations for Union County Public Schools to Amend Section 156.110 of the Unified Development Ordinance Titled "Table of Permissible Uses" to Allow "Public Schools by Right" and to Add Section 156.04 to the Land Development Plan Titled "Institutional Uses" to Add the Actual Design Regulations. Council Member Nash moved to call for a public hearing to be held on April 1, 2008 at 6:30 p.m. to consider this request. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash!, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 6. Resolution to Honor Retiring Employee - Her';man Franklin Parker. Council Member Nash moved to adopt Resolution R-2008-24: RESOLUTION OF THE MONROE CITY COUNCIL HONORING HERMAN FRANKLIN PARKER ON THE OCCASION OF HIS RETIREMENT R-2008-24 ~, WHEREAS, on the occasion of his retirement on March 31, 2008, the City Council wishes to express its sincere appreciation to Herman Franklin Parker for his loyal and dedicated service to the City of Monroe Police Department; and WHEREAS, Herman Parker joined the City of Monroe as a Public Safety Officer on May 1, 1981, and Regular City Council Meeting March 18, 2008 Page 102 WHEREAS, Herman Parker was promoted to Police Sergeant on January 17, 2004, and promoted to Police Lieutenant on August 13, 2005, and WHEREAS, for 27 years, Herman Parker has focused on the safety and protection of the citizens of the City of Monroe, and WHEREAS, the City of Monroe is most grateful for the professional and personal contributions Herman Parker has given to the City of Monroe; and WHEREAS, the City Council of the City of Monroe wishes to acknowledge and express its appreciation to him for the years of distinguished service to the citizens of Monroe, noting that Herman Parker will be missed both professionally and as a friend. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council publicly express their sincere appreciation to Herman Franklin Parker for his outstanding performance of duty to the City of Monroe over the past 27 years and extend very best wishes for a long and happy retirement. BE IT FURTHER RESOLVED that this Resolution be entered upon the permanent Minutes of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Monroe to be affixed this the 18th day of March, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 7. Summary of Contracts Awarded Pursuant to 0-2001-17. Change Orders Annroved Pursuant to R-2000-76, and Authority of Citv Manager to Settle Certain Claims Pursuant to 0-2004-27. City Manager Meadows advised by memorandum the award of contracts pursuant to Ordinance 0-2001-17 (Ordinance Delegating Authority to the City Manager with Respect to Certain Contracts), Change Orders pursuant to Resolution R-2000-76 (Resolution to Delegate Authority to City Manager to Approve Change Orders in the Amount Allowed by N.C. General Statutes), and City Manager Settlement of Claims pursuant to 0-2004-27. The following is a summary of contracts recently awarded under authority of 0-2001-17: Date Name Pur ose Amount 2/20/08 All Ac uisitions, Inc. For obtainin utilities easements *$4,999 2/21/08 S&ME, Inc. Land application technical services of WWTP Bio-Solids $10,966 2/21/08 Kem ,Inc. Rebuild of John Glenn WTP Filter #2 $52,253 2/27/08 Miracle Amusements, Inc. To provide amusement attractions and concessions for COM Easter Egg Hunt at Belk Tonawanda Park on March 15, 2008 *$1,450 Regulaz City Council Meeting Mazch 18, 2008 Page 103 2/28/08 Coble Trench Safety To provide competent person training for $8,640 estimated 70 em to ees 3/03/08 Lawrence Associates, PA Aeropointe Survey and Annexation Record $6,600 Ma 3/4/08 Enpuricon, Inc. Asbestos removal and demolition of $88,662 Winchester Child Develo ment Center r~pyiuvcu uy a~cpanu~ciu uiiccw~ The following is a summary of Change Orders pursuant to Resolution R-2000-76: Date Name Pur ose Amount 2/21/08 W.K. Dickson For additional engineering and surveying work $70,730 2/26/08 Bo gs Paving, Inc. 10-Unit T-Hangar ro'ect $400 There were no Settlement Claims. This item was received as information of Council only and no action was required. ' REGULAR AGENDA Item No. 8. Water Supply Update. Water Resources Director Colbath stated that based on current demand levels and water supply in storage (including the rock quarry), the City has approximately 300 days of supply. Staff has returned all operations to normal status, and the quarry is being held in reserve since Lake Lee is full. Pumping from the quarry will be reactivated when and if appropriate, or until NCDENR rescinds the emergency approval. Based on all considerations, including potential for additional rainfall in the next 15 days, and forecasted easing of the drought in the next three months, staff recommended that the City move from Stage 2A back to Stage 1, voluntary conservation, to be effective March 19, 2008. Council Member Smith stated that he would like to see the Ordinance reflect a timeframe for watering lawns from "dusk to dawn." Mr. Colbath suggested that this request be explored by the Environment and Water Resources Committee and then be presented to Council. Council Member Smith concurred with this recommendation. Council Member Ashcraft recommended that staff continue to educate citizens on ways to conserve water on an ongoing basis, especially with the summer months approaching. Council Member Nash moved to go back to Stage 1 from Stage 2A(voluntary conservation), effective March 19, 2008. Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore !'~ NAYS: None Regular City Council Meeting Mazch 18, 2008 Page 104 Item No. 9. Zoning Map Amendment Request from R-20 (Residential Low- Conditional District "Windy Ridge Phase V" for 22 Single-Family Reside (Tabled from November 20.2007). A. Public Hearing. Mayor Kilgore opened the duly advertised public hearing. Assistant City Manager Herron stated that this was a zoning map amendment request by Design Builders of Charlotte for 11 acres located on Spring Breeze Way from R II20 (Residential Low Density) to Conditional District "Windy Ridge Phase V." He advised that Council heard this request on November 20, 2007 and recommended to table it until March 18, 2008 due to drought conditions. Mr. Herron stated that this would be an extension of the existing Spring Breeze Way within the Windy Ridge Subdivision. The proposal for this site is asingle-family residential subdivision consisting of 22 lots. The proposed density of the project is two units per acre and the applicant also proposed 3.26 acres (29.64%) of common opeln space. Mr. Herron advised that since there were 156 lots in the existing Windy Ridge Subdivision, which was approved under the Special Use Permit process prior to the adoption of the current regulations, the developer was proposing to utilize the same standards as the existing subdivision. The existing Windy Ridge Subdivision allows the majority of houses to be constructed of vinyl siding, with the exception of a minimum 5% constructed with a masonry front facade. Mr. Herron reviewed the proposed standards for the development: minimum lot size of 10,145 square feet (single family attached), density of two dwelling units per acre, exterior materials to be 25% masonry front (remainder will be vinyl), and open space of 29:64% (3.26 acres provided). He reported that with the exception the proposed vinyl exterior materials, the development exceeds all standards set forth in the current Land Development Plan. Staff and Planning Board recommended approval of the request.' Council Member Smith asked for the estimated build out date d when the units were expected to be sold. Mr. Chris Isaacs, Civil Engineer on the project, advised that they have sold all but 20 lots in the first four phases. He stated that CP Morgan had been the main purchaser of lots and this had been one of their more successful neighborhoods. Mr. Isaacs stated that CP Morgan had done a good job of maintaining streets, landscaping, etc. He advised their outlook was positive and they continue to purchase lots. He advised that this was the last phase of this development. Mr. Isaacs stated that he was proud of this development, had Yvorked hard on this project, and requested that Council approve the requested rezoning. There being no other speakers, Mayor Kilgore closed the public hearing. B. Zoning Map Amendment. Council Member Jordan mowed BE IT ORDANIED that this property be rezoned from R-20 (Residential Low Density) to Conditional District "Windy Ridge Phase V." Council Member Smith seconded the motion, which unanimously passed with the following votes: Regular City Council Meeting March 18, 2008 Page 105 AYES: NAYS: C. Action - Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor K~~ilgore None Land Compliance -Conditional "Windy Ridge Phase V." Council Member Jordan moved to RESOLUTION OF LAND DEVELOPMENT CONDITIONAL DISTRICT "WINDY I R-2008-27 WHEREAS, in accordance with the provisions of North Car City Council does hereby find and determine that the adoption Conditional District "Windy Ridge Phase V" further described b the currently adopted Land Development Plan. The plan submit surrounding uses and that the approval of the zoning map a property is reasonable and in the public interest due to its 1 Development Plan and, as a result, its furtherance of the ; Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City approves the zoning map amendment for property with Union Co' 119. Adopted this 18`" day of March, 2008. Resolution R-2008-27: COMPLIANCE PHASE V" is General Statute 160A-383, the the zoning map amendment for v property is not consistent with however, is consistent with the idment for following described oral consistency with the Land Is and objectives of the Land mcil of the City of Monroe Tax Parcel Number: 09-307- Council Member Smith seconded the motion, which unanim usly passed with the following votes: AYES: Council Members Ashcraft, Jordan, Nash! Smith, Mayor Pro Tem Bazemore, and Mayor Kiilgore NAYS: None Item No. 10. Zoning Text Amendment Request to Adopt Two Flood Insurance Rate Map Panels and to Amend the City's Floodplain Ordinance. A. Public Hearing. Mayor Kilgore opened the duly advertiseid public hearing. Assistant City Manager Herron stated that this was a zoning text amendment for Section 156.170 to change the definitions for "Floodway" and "Floodplain" in the Code of Ord'~inances. The existing definitions refer to maps produced by the US Department of Housing and Urban Development. The text amendment will refer to the Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency Management Agency (FEMA). Mr. Herron advised that a zoning text amendment was also being requested for Section 156.175 of the Code of Ordinances to remove US Department of Housing and Urban Development as a reference and refer to the Flood Insurance Rate Maps (FIRM). Additionally, staff is currently reviewing the latest panels su miffed by FEMA. Mr. Herron stated that FEMA was requesting that municipalities adopt the latest versions by fall of 2008. Regular City Council Meeting Mazch 18, 2008 Page 106 The latest maps display numerous changes. The existing site for Hospice Care of Union County is currently shown within the floodplain on the FIRM maps, bu~ on the draft maps submitted, the property is no longer within the floodplain. At their request, it is recommended that the City of Monroe adopt two panels of the FIRM maps in order for Hospice to expand their services into areas previously determined to be in the floodplain, but in the 1 (test maps are not. The Environment and Water Resources Committee, Planning Board and Staff recommend approval of the Zoning Text Amendment request as submitted. There being no other speakers, Mayor Kilgore closed the public hearing. B. Action -Ordinance to Amend Zoning Code. Council Member Nash moved to adopt Ordinance 0-2008-13: ORDINANCE TO AMEND TITLE XV, CHAPTER 156: ZONING CODE OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-13 Preamble Pursuant to authority conferred by Chapter 160A-381 of the North Carolina General Statutes, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the City by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestio ~ ;and facilitating the adequate 1 provision of transportation, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONROE THAT TITLE XV, CHAPTER 156: ZONING CODE, OF THE CITY OF MONROE CODE OF ORDINANCES BE AMENDED AS FOLLOWS: i TEXT AMENDMENT Section 1. Amend Section § 156.170 Definitions as follows: FLOODPLAIN. Any land area susceptible to being inundated by water from the base flood. As used in this chapter, the term refers to the area designated as subject to flooding from the base flood (100-year flood) on the most recently adopted "Flood Insurance Rate Map" as created by the Federal Emergency Management Agency (FEMA), a copy of which is on file in the Planning Department. This area shall comprise the floodplain overlay zone and shall be designated as such on the official zoning map. FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. As use in this chapter, the term refers to that areas designated as a floodway on the most recently adopted "Flood Insurance Rate Map" as created by the Federal Emergency Management Agency (FEMA), a copy of which is on file in the Planning Department. This area shall comprise the floodway overlay zone and shall be designated as such on the official zoning map. Section 2. Add Section § 156.175(D): Regulaz City Council Meeting March 18, 2008 Page 107 t ' (` For regulatory purposes of this chapter, draft copies of FIRM Panels 3710543500) and 3710544500) submitted by FEMA for City of Monroe staff review in 2007 for formal adoption in 2008, will be used by the Planning Department and Engineering Department effective immediately upon adoption of this Ordinance in determining boundaries of floodplains and floodways. Adopted this 18th day of March, 2008. Council Member Ashcraft seconded the motion which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Located of Annexation uest Road and A. Public Hearin. Mayor Kilgore opened the duly advertised public hearing. Planner Susan Osborne stated that the City of Monroe Water Resources Department was requesting an annexation of 1.016 acres off Rocky River Road and Deer Track Lane for the placement of an elevated water storage tank and all related appurtenances. She advised that the water tank was required to meet drinking water system demands in the City of Monroe Western Water Pressure Zone. The property is not contiguous with the City of Monroe, and does not lie within the City's Extra-territorial Jurisdiction (ETJ). Staff, Annexation Committee, and Planning Board recommended approval of this annexation. In response to a question concerning the need for the water tower, Water Resources Director Colbath stated that elevated water storage tank was needed to meet water demands and commitments in the City's western/upper water service zone. i There being no other speakers, Mayor Kilgore closed the public hearing. ~ B. Action -Ordinance to Extend Corporate Limits. Council Member Jordan moved to adopt _ Ordinance 0-2008-16: ~, ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF MONROE, NORTH CAROLINA 0-2008-16 WHEREAS, the City Council has been petitioned under G.S. 160A-58.1 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk- to investigate the sufficiency of the petition; and I Regular City Council Meeting Mazch 18, 2008 Page 108 WHEREAS, the City Clerk has certified the sufficiency of the' petition and a public hearing on the question of this annexation was held at the City Hall Council Chambers at 6:30 p.m. on March 18, 2008, after due notice by publication on March 7, 2008 and March l4, 2008; and WHEREAS, the City Council finds that the petition meets the requirements of G.S. 160A- 58.1(b), to wit: a. The nearest point on the proposed satellite corporate limits is n t more than three (3) miles from the corporate limits of the City of Monroe; b. No point on the proposed satellite corporate limits is closer to another municipality than to the City of Monroe; c. The area described is so situated that the City of Monroe will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits; d. No subdivision, as defined in G.S. 160A-376, will be fragmented by this proposed annexation; e. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten (10%) of the area within the primary corporate limits of the City of Monroe; and WHEREAS, the City Council further finds that the petition has been signed by all the owners of real properly in the area who are required by law to sign; and WHEREAS, the City Council further finds that the petition is otherwise valid, and that the public health, safety and welfare of the City of Monroe and of the area proposed for annexation will be best served by annexing the area described; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, North Carolina that: Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described non- contiguous territory is hereby annexed and made part of the City of 1V,Ionroe as of March 18, 2008. CITY OF MONROE WATER TOWER LEGAL DESCRIPTION OF 1.016 ACRE ANNEXATION THE PROPERTY OF THE CITY OF MbNROE LOCATED APPROXIMATELY 534 FEET EAST OF ROCKY RIVER ROAD AND APPROXIMATELY 200 FEET NORTH OF DEER TRACK LANE AND BEING A PORTION OF TAX PARCEL 09-378-012E Being in North Carolina, Union County, Monroe Township, BEGINNING at NCGS Monument "EQY A", having North Carolina grid coordinates of North 468,168.52 feet, and East 1,517,264.68 feet, and a combined grid factor of 0.99985787: thence, S 02° 50' 17" W, a grid distance of 17,035.20 feet to a set iron rod, said rod having North Carolina grid coordinates of North 451,154.22 feet, ands East 1,516,421.19 feet, and said rod lying N OS° 02' 02" W, 40.00 feet from the northeastern most corner of now or formerly the Joshua J. Jolly property recorded in Record Book 1584, Page 24 in the Union County Registry, a common corner with now or formerly the Doris T. Helms property recorded in Record 4110 Page 724 in the Union County Registry and said rod being the TRUE POINT AND PLACE OF BEGINNING: thence with the said Helms property two (2) calls as follows: 1) S 84° 57' S8" E, 276.65 feet to ~ set iron rod; 2) S OS° 02' 02" W, 159.97 feet to a found number 4 rebar on the line of now or formerly the P~ter Baretsky property recorded in Record Book 812, Page 129 in the Union County Registry; thence, with the said Baretsky property N 84° 57' 58" W, 52.77 feet to a found number 4 rebar, said rebar being the northeastern corner of now or formerly the Regular City Council Meeting March 18, 2008 Page 109 I Janice B. Carter property recorded in Record 3851, Page 427 in the Unio~ County Registry; thence with the said Carter property and with now or formerly the George Franklin Crump property recorded in Record 524, Page 742, N 84° 57' S8" W, 223.87 feet to a found number 5 rebar, said rebar being on the line of now or formerly the Joshua J. Jolly property recorded in Record Book 1584, Page 24 in the Union County Registry; thence, with the said Jolly property, N OS° 02' 02" E, 119.97 feet to a rebar, said rebar being Jolly's northeast corner, a common corner of now or formerly the Doris T. Helms property !recorded in Record 4110, Page 724 in the Union County Registry; thence, with the said Helms property, N OS ~ 02' 02" E, 40.00 feet to the TRUE POINT AND PLACE OF BEGINNING and containing 1.016 Acres more or less as shown and depicted on a plat by Carry H. Watts, NCPLS and titled: "Annexation Boundary for the Citv of Monroe the Property of the City of Monroe" and dated February 18, 2008 and recorded in Plat cabinet ,File in the Union County Registry. Section 2. Upon and after March 18, 2008, the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Monroe and shall be entitled to the same privileges and benefits as other parts of the City of Monroe. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the City of Monroe shall cause to be recorded in the office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Uraion County Board of Elections, as required by G.S. 163-288.1. Adopted this 18th day of March, 2008. Council Member Smith seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 12. Initial Zoning Request for 1.016 acres located off North Rocky River Road Water Tower." A. Public Hearin. Mayor Kilgore opened this duly advertised public hearing. Planner Osborne stated that this was an initial zoning request for the 1.016 acres located off Rocky River Road and Deer Track Lane from County RA-20 to Conditional District "City of Monroe Water Tower." She advised that the proposed elevated water storage hank and all related appurtenances are requested to meet drinking water system demands in the City of Monroe Western Water Pressure Zone. Staff and Planning Board recommend approval of the zoning request. There being no other speakers, Mayor Kilgore closed the public hearing. B. Zoning Map Amendment. Council Member Jordan mo ied BE IT ORDANIED that this property be rezoned from Union County RA-20 to Conditional District "City of Monroe Water Tower." Mayor Pro Tem Bazemore seconded the motion, which unanimously passed with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Regulaz City Council Meeting March 18, 2008 Page 110 Mayor Pro Tem Bazemore, and Mayor NAYS: None - Resolution of Land Develonment Plan C'.mm~lianre of Monroe Water Tower." Council Member Jordan moved to adopt Resolution R-2008-25: RESOLUTION OF LAND DEVELOPMENT PLAN COMPLIANCE CONDITIONAL DISTRICT "CITY OF MONROE WATER TOWER" R-2008-25 WHEREAS, in accordance with the provisions of North Caroli City Council does hereby find and determine that the adoption of Conditional District "City of Monroe Water Tower" further descri with the adopted Land Development Plan and that the approval of following described property is reasonable and in the public intere; Land Development Plan and, as a result, its furtherance of the g Development Plan. NOW, THEREFORE, BE IT RESOLVED that the City approves the zoning map amendment for property with Union Cc 012E. Adopted this 18`" day of March, 2008. a General Statute 160A-383, the the zoning map amendment for red below property is consistent :he zoning map amendment for due to its consistency with the gals and objectives of the Land ncil of the City of Monroe Tax Parcel Number: 09-378- Mayor Pro Tem Bazemore seconded the motion, which unanimously passed with the following votes: ` AYES: Council Members Ashcraft, Jordan, Nash,~~ Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Item No. 13. Contract Award for Western/Upper Water Zone Elevated Water Storage Tank. Water Resources Director Colbath advised that formal buds were received on March 6 for the one million gallon elevated water storage tank that is nee~ed to meet water demands and commitments in the City's western/upper water service zone ~ Staff previously outlined for Council the projects that would be impacted or delayed if the tank project was not on-line prior to summer 2009. With award of the project, the current schedule will meet this deadline. The contract period for the project is 365 days. Mr. Colbath advised that bids were accepted for two styles of water tanks. The low bidder, Caldwell Tanks, will be required to submit ten references frdm successfully completed tank projects of similar magnitude and complexity and submit photographs documenting their ability to produce a quality tank with an aesthetically acceptable appearance: Mr. Colbath advised that on October 17, 2006, Council authorized a total project budget of $2,500,000 from the Water and Sewer fund. He advised that a Budget Ordinance was needed to revise the financing strategy to use proceeds from the Combined Enterprise System Revenue Bonds, Series 2008A, to fund the construction component of the project. Engineering and land acquisition will still be paid from the Water and Sewer Fund. The total project budget has been Regular City Council Meeting March 18, 2008 Page 111 adjusted downward to $2,370,000 to reflect the current bid transmission main amount has changed due to the delay of the p Mr. Colbath advised that the additional cost of the transmit Council during the bid award for the Western Zone Water Tran; the coming months. (` WHEREAS, due to rapid growth, additional elevated water Water Pressure Zone; and Staff recommended that Council award the contract bid for the elevated water storage tank project to Caldwell Tanks of Kentucky, in the amount of $ 1,995,000, authorize a 5% contingency allowance for this project, authorize the City Manager to make contract changes up to this amount if needed, authorize the City Manager to execute the contract on behalf of the City, and adopt a Budget Ordinance Amendment to revise the financing strategy to use proceeds from the Combined Enterprise System Revenue Bonds, Series 2008A, to fund the construction component of the project. A. Award of Contract Bid. Mayor Pro Tem Bazemore move) elevated water storage tank project to Caldwell Tanks, in the a 5% contingency allowance for this project, authorize the City ~ up to this amount if needed, and authorize the City Manager to the City. Council Member Nash seconded the motion, whi~ following votes: B. Capital Project Budget Ordinance. Mayor Pro Tem B Project Budget Ordinance BO-2008-01: and AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None I CAPITAL PROJECT BUDGET UPPER ZONE ELEVATED WATER BO-2008-01 and WHEREAS, the City desires to provide reliable, quality water and since the additional water -oposed Helmstead development. sion main will be presented to mission Improvements project in to award the contract bid for the fount of $1,995,000, authorize a ~rlager to make contract changes ;xecute the contract on behalf of unanimously passed with the moved to adopt Capital GE TANK to the citizens of Monroe; is needed in the City's Upper WHEREAS, it is in the City's best interest to initiate a project to increase water storage as noted; WHEREAS, it is now in the City's best interest to use Bond of the project. NOW, THEREFORE, BE IT ORDAINED that the City the capital project budget for the project entitled "Upper Zor appropriates the following revenues and expenses: As Amended Regular City Council Meeting March 18, 2008 Page 112 proceeds to fund a portion the City of Monroe amends Water Storage Tank" and Revenue: Proceeds From Financing Transfer From Water and Sewer Expense: $2,100,000 $270,000 Project Costs $2,370,000 BE IT FURTHER ORDAINED that an amendment to the Water and Sewer Fund Budget for FY 2007-2008 is approved to appropriate fund balance to transfer $270,000 to the Upper Zone Elevated Water Storage Tank Capital Project Fund. Adopted this 18`h day of March, 2008. Council Member Nash seconded the motion, which unanimiusly passed with the following votes: AYES: Council Members Ashcraft, Jordan, Nash Smith, Mayor Pro Tem Bazemore, and Mayor Kii gore NAYS: None Item No. 14. Variance Requests by Goulston Technologies. Mayor Kilgore opened this duly advertised quasi judicial public hearing and swore in the following individuals who planned to give testimony: Wayne Herron, Jim Loyd, Guy Peters, and Bruce Robinson. Assistant City Manager Herron stated that this was a request to consider two variances to the Stormwater Management Ordinance by Goulston Technologies. He advised that under the advice of the Crty Attorney, rt was recommended that this matter be heard l.n a quasi judicial manner to ensure all legal bases are covered. Since this matter is being heard as a quasi judicial hearing, this was not allowed to be taken to a committee. Mr. Herron stated that there were two requests for variance to be heard. Variance #1 is to allow the construction of a 66,343 square foot addition to the facility without providing a best management practice facility to treat the runoff from the roof portion of the building. Variance #2 is to allow the installation of impervious surfaces within the floodplain of Bearskin Creek. Mr. Herron read the following Finding of Facts for the record fot! Variance #1: Finding of Fact #1. The applicant has requested a variance from Section 159-105 of the City of Monroe Administrative Manual for implementation of the Stormwater Management Ordinance which was adopted on October 1, 2007 and hereinafter referred to as the "Ordinance." Section 159-307 of the Ordinance allows for variances where strict application of the Ordinance will result in unnecessary hardship and result from the conditions that are peculiar to the property such as location, size, or topography of the property. Mr. Herron introduced the following exhibits for the record: Letter from Goulston outlining the variances they are requesting and outline their reasoning (Said letter is hereby incorporated as a part of these Minutes as Exhibit "B. ") He advised that the applicant would go into further detail when they provided their testimony. The second exhibit i~ a copy of the City's Ordinance dealing with Applicability and Jurisdiction. (Said Ordinance is hereby incorporated as a part Regular City Council Meeting Mazch 18, 2008 Page 113 ~` of these Minutes as Exhibit "C.') The third exhibit is a copy of the Ordnance that deals with the Variance and Procedure for Council hearing the variances. (Said Ordinance is hereby incorporated as a part of these Minutes as Exhibit "D.') Mir. Herron referenced a portion of the Ordinance in which the attorney had requested that Council take note of two special sections which allow Council to hear this matter and made decisions. Finding of Fact #2. Mr. Herron stated that the applicant wasi proposing to construct a 66,343 square foot building addition to the existing facilities. He reviewed and entered for the record a site plan. (Said Site Plan is hereby incorporated as a part of these Minutes as Exhibit "E.') Finding of Fact #3. Mr. Herron stated that the applicant was proposing to allow runoff from the new building addition to enter Bearskin Creek untreated by BMP. As noted earlier, this is only the runoff from the roof. The applicant intends to treat all runo~ ff from the paved areas which is more critical through the BMP. Staff did not feel that there was a need to treat the roof runoff in the same manner that will decrease the size of the BMPs and help them in trying to locate in this very tight situation. Finding of Fact #4. Mr. Herron stated that all other impervious surface runoff will be treated by a BMP such as a sand filter and rain guard. He reviewed and entered for the record an Ordinance dictating impervious surface requirements and how they are to be treated. (Said Ordinance is hereby incorporated as a part of these Minutes as Exhibit "F. ") Finding of Fact #5. Mr. Herron stated that the requested purpose, and intent of this Ordinance and will secure the preserve substantial justice. Finding of Fact #6. Mr. Herron stated that when there was a stormwater management facility, a stormwater management 1 limited to water, sewer, or gas construction and maintenance feet landward of all perennial and intermittent surface wat designed, constructed, and maintained to minimize disturb removal, protect against erosion and sedimentation, have the 1 and habitat, and protect water quality to the maximum extent p Mr. Herron read the following Finding of Facts for the record is consistent with the spirit, safety and welfare and will of practical alternatives for a or a utility including but not idor as long as it is located 15 and as long as it is located, ;, provide maximum nutrient adverse affects on aquatic life ical through the use of BMPs. Variance #2: Finding of Fact #1. Mr. Herron stated that the applicant has requested a variance from the Ordinance of Section 159-302 (A) which requires impervious surfaces to "be located at least 35 feet landward of all perennial and intermittent surface waters" and to Section 159-302 (B) which provides for "no new impervious or partially impervious surfaces within the floodplain." Section 159-307 of the Ordinance allows for variances where strict application of the Ordinance will result in unnecessary hardships and result from the conditions hat are peculiar to the property such as location, size or topography of the property. Regular City Council Meeting Mazch 18, 2008 Page 114 Finding of Fact #2. Mr. Herron stated that a public hearing was held for the adoption of two FEMA flood panels which hopefully help them in their pursuit of project approval. Finding of Fact #3. Mr. Herron stated the applicant square feet of pavement within the regulated floodplain. Finding of Fact #4. Mr. Herron stated the requested vari purpose and intent of the Ordinance and will secure public substantial justice. Mr. Herron stated with those findings being entered, staff wl worked very closely with Goulston Technology staff and they walking through this process. He advised that Goulston had h has worked very closely with the City and he will present t property and how they intend to pursue it. They will answer of the plan. Mr. Guy Peters, ESP Associates, Engineering Consultant for Gc Goulston Technologies had a very tight site and has a need to ea the existing metal building on the other side of Bearskin Creel "He advised that the difficulties arise when you look at what the Stormwater Management Ordinance requires when additional it site. He advised that Goulston Technologies was requesting Cl _ , that Ordinance so they can move forward while at the same tim to treat runoff from the most critical of the impervious surfaces. Mr. Peters advised that the proposal was to treat the runoff fron roof. Most of the pollutants that will be found from this type from what is brought in off the pavement from truck traffic. Ml uses two elements that are in the approved State Manual for trey and they are proposing two sand filters. A second element v planted area that has plants that uptake pollutants and it also has mostly sand that filters water. Mr. Peters explained the strategy from the paved surfaces by using plants to take up nutrients an sand to filter the water. scheduled for this evening and ~ impact this property and will to place approximately 10,000 is consistent with the spirit and y and welfare and will preserve like to indicate that they have been very kind and helpful in an outstanding consultant who best management plan for the questions on the technical part ilston Technologies advised that sand and would like to add on to from the main part of the plant. propose to do versus what your pervious surfaces are added to a ~ncil's approval of a variance to putting forth a good faith effort the paved areas, but not from a of construction are going to be .Peters advised that the strategy Ming runoff. One is a sand filter ill be a rain garden which is a a layer of engineered soil that is for taking care of the pollutants 1 using the soil under laying the Council Member Jordan asked if there was a gutter system that would take it to the pavement area. Mr. Peters stated that the strategy was not to drop it right on the pavement, but they would collect it and discharge it to the floodplain without having it go .cross the pavement. Mr. Peters advised this was a preliminary plan. Council Member Jordan moved to accept the findings as pre: variances as requested not to treat building surface runoff s mitigation along Bearskin Creek at a comparable dollar value 1 by staff and to approve the ;t to the applicant providing the variance request to allow Regular City Council Meeting March 18, 2008 Page 115 (~ an encroachment of the areas based upon the plan presented. ~ Council Member Nash seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None I Item No. 15. Recommendation of Appointments from Citizens Appointment Committee Council Member Nash advised that the Citizens Appointment Committee met on March 18, 2008 to consider upcoming appointments and reappointments to various Boards and Commissions. Following the consideration of applications and discussion, unanimous action was taken to recommend appointments as follows: Board/Commission Action ~ Effective Date Date Term to Ex ire Public Safe Committee A oint Ronald Cureton to Full Term ~ 03/18/2008 03/18/2010 Public Safety Committee A oint Estelle Sn der to Full Term 03/18/2008 03/18/2010 Council Member Nash moved to approve the recommended appointments as outlined above. Council Member Jordan seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kii gore NAYS: None Item No. 16. Public Comment Period. There were no Item No. 17. Closed Session - N.C.G.S. 143-318.11(a)(4). Council Member Nash moved to go into Closed Session pursuant to N.C.G.S. 143-318.11(a)(4). Council Member Smith seconded the motion, which passed unanimously with the following votes: AYES: Council Members Ashcraft, Jordan, Nash, Smith, Mayor Pro Tem Bazemore, and Mayor Kilgore NAYS: None Upon return from Closed Session and there being no further business, the Regular City Council Meeting of March 18, 2008 adjourned at 8:00 p.m. Regular City Council Meeting Mazch 18, 2008 Page 116 Attest: c~r~.i~~c~ ~i-~,~c,~6iv~sdvi Bri ette H. Rob> son, City Clerk \Z ~~Y Regular City Council Meeting March 18, 2008 Page 117 G. Ki~~e, Mayor .~, i Exhibit "A" ORDINANCE TO AMEND TITLE V, CHAPTER 52: WASTEWATER OF THE CITY OF MONROE CODE OF ORDINANCES 0-2008-11 Pursuant to authority granted in Part 1, Article 16 of Chapter' 160A of the General Statutes of North Carolina and for the purpose of promoting the health, safety and welfare to the citizens of Monroe; BE IT ORDAINED by the Monroe City Council that hapter 52 of Title V of the City of Monroe Code of Ordinances be amended as follows: Section 1. Delete Chapter 52 in its entirety and replaced with attached Chapter 52. Section 2. This Ordinance shall be in effect from and after the date of its adoption. Adopted this 18t" day of March, 2008. ~ ~~•- Attest: o~ a ~. _ • ~ Bn gene H. Ro mson, City Clerk I ~~ Ordinance 0-2008-11 Page 1 of 50 by G. it Exhibit "A" CHAPTER 52: WASTEWATER/SEWER USEZ Section General Provisions 52.001 Purpose and policy 52.002 Definitions and abbreviations Sanitary Sewers and Connections 52.010 Required sewers and connections 52.011 Maintenance of building sewers and sewer 52.012 Street cuts 52.013 Connection application and fees ` 52.014 Backwater valves ~-~ General Sewer Use Requirements 52.020 Prohibited discharge standards 52.021 National categorical pretreatment standards 52.022 Industrial waste survey and local limits 52.023 State requirements /"'~ t 52.024 Right of revision 52.025 Dilution 52.026 Pretreatment of wastewater 52.027 Accidental discharge/slug control plans 52.028 Hauled wastewater Fees f~ l 52.040 Purpose 52.041 Service charges Ordinance 0-2008-11 Page 2 of 50 Exhibit "A" 52.042 Surcharges 52.043 Billing 52.044 When service charges commence 52.045 Pretreatment program administration charges Wastewater Discharge Permit Application and Issuance 52.050 Wastewater dischargers 52.051 Wastewater permits 52.052 Permits to dischargers in other governmental age Reporting Requirements 52.060 Baseline monitoring reports 52.061 Compliance schedule progress reports 52.062 Reports on compliance with categorical pretreat 52.063 Periodic compliance reports 52.064 Reports of changed conditions 52.065 Reports of potential problems 52.066 Reports from unpermitted users 52.067 Notice of noncompliance/repeat sampling and rf 52.068 Analytical requirements 52.069 Grab and Composite sample collection 52.070 Timing 52.071 Record keeping 52.072 Electronic reporting 52.073 Industrial sludge disposal 52.074 Notification of the discharge of hazardous waste Compliance Monitoring 52.080 Monitoring facilities -- 52.081 Inspection and sampling sewerage systems t standard deadline Ordinance 0-2008-11 Page 3 of 50 Exhibit "A" 52.082 Search warrants Confidential information 52.090 Specifying of request 52.091 Use by governmental agencies 52.092 Use by approval authority Affirmative Defenses to Discharge Noncompliance 52.110 Upset 52.111 Prohibited discharge standards defense 52.112 Bypass Enforcement 52.120 Administrative remedies 52.121 Other available remedies 52.122 Remedies nonexclusive 52.123 Annual publication ~~ 52.124 Severability 52.125 Conflict 52.999 Penalty GENERAL PROVIS § 52.001 PURPOSE AND POLICY. (A) This chapter sets forth uniform requirements for direct the wastewater collection and treatment system for the City of N the city, and enables the city to comply with all applicable state Clean Water Act (33 United States Code § 1251 et seq.) and the Regulations (40 CFR, Part 403). (B) The objectives of this chapter are: (1) To prevent the introduction of pollutants into the m~ which will interfere with the operation of the system or contami~ indirect contributors into oe, hereafter referred to as federal laws including the feral Pretreatment icipal wastewater system to the resulting sludge; Ordinance 0-2008-11 Page 4 of 50 Exhibit "A" (2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into any waters of the State or otherwise be incompatible with the system; (3) To promote reuse and recycling of industrial waste ater and sludges from the municipal system; (4) To protect both municipal personnel who maybe affected by sewage, sludge, and effluent in the course of their employment as well as protecting the general public; (5) To provide for equitable distribution of the cost of operation, maintenance and improvement of the municipal wastewater system; and (6) To ensure the municipality complies with its NPDES or Non-discharge Permit conditions, sludge use and disposal requirements and any other b'~'ederal or State laws to which the municipal wastewater system is subject. (C) This chapter provides for the regulation of direct and is municipal wastewater system, through the issuance of.permits tc through enforcement of general requirements for the other users enforcement activities, requires user reporting and provides for i equitable distribution of costs resulting from the program establ apply to all users of the municipal wastewater system, as author. 153A-275. (~ (D) Except as otherwise provided herein, the POTW Dire and enforce the provisions of this chapter. Any powers granted Director may be delegated by the POTW Director to other city ~ wastewater into the municipal wastewater system, industrial usE agree to comply with the terms and conditions established in the enforcement actions, or orders issued hereunder. (Ord. passed 6-22-94) § 52.002 DEFINITIONS AND ABBREVIATIONS. (A) This chapter is gender neutral and the masculine gf vice-versa. Shall is mandatory; may is permissive or discreti~ be construed to include the plural and the plural shall include contest of its use. Unless the context specifically indicates otl phrases, as used in this chapter, shall have the meanings here. ACT or "THEACT." The Federal Water Pollution Control Water Act, as amended, 33 U.S.C. §1251, et. seq. direct contributors to the certain nondomestic users and authorizes monitoring and ie setting of fees for the hed herein. This chapter shall ;ed by G.S. 160A-312 and/or or shall administer, implement, 0 or imposed upon the POTW ;rsonnel. By discharging s located outside the city limits chapter, as well as any permits, ;r shall include the feminine and •y. The use of the singular shall singular as indicated by the rise, the following terms and ter designated. also known as the Clean APPROVAL AUTHORITY. The Director of the Division Of Carolina Department of Environment and Natural Resources or l ater Quality of the North designee. Ordinance 0-2008-11 Page 5 of 50 Exhibit "A" AUTHORIZED REPRESENTATIVE OF THEINDUST. USER. (~ (1) If the industrial user is a corporation, authorized (a) The president, secretary, or vice-president of the principal business function, or any other person who performs s functions for the corporation, or (b) The manager of one or more manufacturing, prop provided, the manager is authorized to make management decis: of the regulated facility including having the explicit or implicit investment recommendations, and initiate and direct comprehen term environmental compliance with environmental laws and re necessary systems are established or actions taken to gather corn for control mechanism requirements; and where authority to sigi or delegated to the manager in accordance with corporate procec (2) If the industrial user is a partnership, or sole prc representative shall mean a general partner or the proprietor (3) If the industrial user is a Federal, State or local go representative shall mean a director or highest official appoint operation and performance of the activities of the government ive shall mean: ration in charge of a policy or decision-making zction, or operation facilities, ns which govern the operation luty of making major capital ve measures to assure long- ulations; can ensure that the Mete and accurate information documents has been assigned an authorized Y• ~nment facility, an authorized or designated to oversee the ;ility, or their designee. (4) The individuals described in divisions (1) through (3'I) above may designate another authorized representative if the authorization is in whiting, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall res ~ onsibility for environmental matters for the company, and the written authorization is submitted to the city. (5) If the designation of an authorized representative is rho longer accurate because a different individual or position has responsibility fori the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to the POTW Director prior to or together with any reports to be signed by an authorized representative. BIOCHEMICAL OXYGEN DEMAND (BOD). The quantit of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, for five days at 20° Centigrade usually expressed as a concentration (e.g. mg/1). BUILDING SEWER. A sewer conveying waste water from t e building of a user to the POTW sewer connection or a private sewer main. A building sewer is owned, operated, and maintained by the building owner continuously on property to which such owner has ownership or permanent legal right of access for operation and maintenance. Ordinance 0-2008-11 Page 6 of 50 Exl:ibit "A" BYPASS. The intentional diversion of waste streams from facility. CATEGORICAL STANDARDS. National Categorical Pretreatment Standard. Standards or DIRECTOR. The Person designated by the City of Monroe to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Chapter, or his duly authorized representative. ENVIRONMENTAL PROTECTIONAGENCY, or EPA. The tJ.S. Environmental Protection Agency, or where appropriate the term may also lie used as a designation for the Administrator or other duly authorized official of said agency. GRAB SAMPLE. A sample which is taken from a waste st regard to the flow in the waste stream and over a period of time GRIT. Settleable solids which are predominantly inorganic in water flowing at a rate of two feet per second or less. portion of a user's treatment i on a one-time basis without to exceed 15 minutes. inert and will settle quickly HOLDING TANK WASTE. Any waste from holding tanks, including but not limited to such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. INDIRECT DISCHARGE or DISCHARGE. The dischargeor the introduction from any nondomestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system). INDUSTRIAL USER or USER. Any person which is a source of indirect discharge. INTERFERENCE. The inhibition, or disruption of the POT treatment processes, operations, or its sludge process; use, or disposal, which causes dr contributes to a violation of any requirement of the POTW's NPDES or Non-discharge Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA)(42 U.S.C. §6901, et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. _ NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in " accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific Ordinance 0-2008-11 Page 7 of 50 Exhibit "A" category of industrial users, and which appears in 40 CFR 471. 1, Subchapter N, Parts 405- NATIONAL PROHIBITIVE DISCHARGE STANDARD olr PROHIBITIVE DISCHARGE STANDARD. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 52.020 of this chapter and are developed under the authority of 307(b) of the Act and 40 CFR, section 403.5. NEW SOURCE. (1) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the Act which wi!11 be applicable to such source if such standards are thereafter promulgated in accordance with section 307(c), provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. ~~ (2) Construction on site at which an existing source is located results in a modification rather than a new source if the construction does not create a nev~ building, structure, facility, or installation meeting the criteria of section (1)(b) or (1)(c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) For purposes of this definition, construction of a ne source has commenced if the owner or operator has: (a) Begun, or cause to begin, as part of a continuous on-site construction program: 1. Any placement, assembly, or installation of facilities or equipment; or 2. Significant site preparation work including clearing, excavation, or removal or existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition. Ordinance 0-2008-11 Page 8 of 50 Exl:ibit "A" NONCONTACT COOLING WATER. Water used for direct contact with any raw material, intermediate product, NATIONAL POLLUTIDNDISCHARGE ELIMINATIO A permit issued pursuant to section 402 of the Act (33 U.S.C. 215.1 by the state under delegation from EPA. ing which does not come into to product, or finished product. SYSTEM or NPDES PERMIT. 1342), or pursuant to G.S. 143- POLLUTANT. Any "waste" as defined in G.S. 143-213(18) and dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock sand, cellar dirt and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). POTW DIRECTOR. The City of Monroe Director of Wate Resources and his duly authorized representatives designated with the responsibility for the pretreatment program and enforcement of this Wastewater Ordinance. NON-DISCHARGE PERMIT. A disposal system permit G.S. 143-215.1. PASS THROUGH. A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violatio~, of the POTW's NPDES or Non- discharge Permit, or a downstream water quality standard. PERSON. Any individual, partnership, co-partnership, firrri, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all Federal, State, and local government entities. pH. A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. by the State pursuant to POTW TREATMENT PLANT. That portion of the POTW ' esigned to provide treatment to wastewater. PRETREATMENT or TREATMENT. The reduction of the elimination of pollutants, or the alteration of the nature of pollu~ prior to or in lieu of discharging or otherwise introducing such reduction or alteration can be obtained by physical, chemical or changes or other means, except by diluting the concentration of an applicable pretreatment standard. amount of pollutants, the int properties in waste water pollution into a POTW. The Biological processes, or process he pollutants unless allowed by PRETREATMENT PROGRAM. The program for the contrl the POTW from non-domestic sources which was developed by CFR 403.8 and approved by the approval authority as authorizes accordance with 40 CFR 403.11. •1 of pollutants introduced into he city in compliance with 40 by G.S. 143- 215.3(a) (14) in Ordinance 0.2008-ll Page 9 of 50 Exhibit "A" PRETREATMENT REQUIREMENTS. Any substantive to pretreatment, other than a pretreatment standard. PRETREATMENT STANDARDS. Prohibited discharge and local limits. PUBLICLY OWNED TREATMENT WORKS or MUNICi A treatment works as defined by section 212 of the Act, (33 U. this instance by the city. This definition includes any devices c storage, treatment, recycling, and reclamation of municipal sev liquid nature. It also includes sewers, pipes, and other convey wastewater to the POTW treatment plant. For the purposes of t include any sewers that convey wastewater to the POTW from by contract or agreement with the city, or in any other way, usf procedural requirement related categorical standards, 'AL WASTEWATER SYSTEM. .C. § 1292) which is owned in systems used in the collection, lge or industrial wastes of a ces only if they convey is chapter, "POTW" shall also ersons outside the city who are, s of the city's POTW. SEVERE PROPERTYDAMAGE. Substantial physical damage to property, damage to the user's treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. SEWER CONNECTION. A tap on a sewer main or manhoYe and the piping extended from the tap, under the control of the POTW, to the property line, for the purpose of receiving wastewater from a building sewer or private sewer main. SIGNIFICANT INDUSTRIAL USER. Any industrial user of the wastewater disposal system who: ~~~ (1) Has an average daily process wastewater flow of 25,000 gallons or more, or (2) Contributes more than 5% of any design or treatment capacity (i.e., allowable pollutant load) of the wastewater treatment plant receiving the 'indirect discharge, or (3) Is required to meet a national categorical pretreatment standard, or (4) Is found by the city, the Division of Water Quality or the U.S. Environmental Protection Agency (EPA) to have the potential for impact, either singly or in combination with (~i other contributing industrial users, on the wastewater treatment system, the quality of sludge, the ~` system's effluent quality, or compliance with any pretreatment tandards or requirements. SIGNIFICANT NONCOMPLIANCE or "SNC" is the status of noncompliance of an industrial user when one or more of the following criteria are diet: (1) Chronic Violations of Wastewater discharge limits. Defined here as those in which sixty-six percent or more of the measurements taken during asix-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; this percentage is determined by dividing the total number of violations for the parameter by the number of compliance judgment points for the parameter; (2) Technical Review Criteria (TRC) Violations. De three percent or more of the measurements for each pollutant here as those in which thirty- ieter taken during asix-month Ordinance 0-2008-11 Page 10 of 50 Exhibit "A" = period equal or exceed the product of the daily maximum limit the applicable TRC; (TRC ~° 1.4 for BOD, TSS, fats, oil and grE (except pH)); this percentage is determined by dividing the tota the parameter by the number of compliance judgment points fo: (3) Any other violation(s) of a pretreatment effluent~limit average) that the Control Authority determineshas caused, alor discharges, interference or pass-through (including endangering or the general public); (4) Any discharge of a pollutant that has caused immil health, welfare or to the environment or has resulted in the PO' authority under Paragraph (f)(1)(vi)(B) of 40 CFR 403.8 to hal (5) Failure to meet, within 90 days after the schedule c milestone contained in a pretreatment permit or enforcement o~ completing construction, or attaining final compliance; a (6) Failure to provide, within 30 days after-the due dat baseline monitoring reports, 90-day compliance reports, period reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Any other violation or group of violations that the adversely affect the operation or implementation of the local p ,~~ SLUGLOAD or DISCHARGE. Any discharge at a flow r reasonable potential to cause;Interference or Pass-Through, or POTW's regulations, local limits, or Industrial User-Permit co not limited to spills and other accidental discharges; discharge a .non-customary batch discharge; or any- other discharges that prohibited discharge standards in § 52.020. ~r the average limit multiplied by use, 1.2 for all other pollutants number of TRC violations for the parameter; daily maximum or longer-term or in combination with other the health of POTW personnel :nt endangerment to human W's exercise of its emergency or prevent such a discharge; a compliance schedule for starting construction, required reports such as self monitoring reports, and Authority determines will program. to or concentration which has a n any other way violates the ditions. This can include but is of anon-routine, episodic nature; an cause a violation of the STANDARD INDUSTRIAL CLASSIFICATION{SIC). A classification pursuant to the Standard Industrial Classification Manual, 1987 and or from -the North American Industry Classification System issued by the Executive Office of the Pr~sident, Office of Management and Budget, 1997. STORM WATER. Any flow occurring during or following) any form of natural precipitation and resulting there from. SUPERINTENDENT. The person- designated by the "city tb supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative. SUSPENDED SOLIDS. The total suspended matter that fl suspended in, water, wastewater or other liquids, and which is on the surface of, or is ~vable by laboratory filtering. Ordinance 0-2008-1°1 Page 11 of 50 Exhibit "A" UPSET. An exceptional incident in which there is unintent noncompliance with categorical pretreatment standards because control of the user. An upset does not include noncompliance ~ - error, improperly designed treatment facilities, inadequate treat maintenance, or careless or improper operation. WASTEWATER. The liquid and water-carried industrial o: commercial buildings, industrial facilities, mobile sources, trea together with any groundwater, surface water, and storm water treated or untreated, which are contributed into or permitted to WASTEWATER PERMIT. As set forth in § 52.051. WATERS OF THE STATE. (A) All streams, lakes, ponds, marshes, watercourses, wa aquifers, irrigation systems, drainage systems and all other bod surface or underground, natural or artificial, public or private, ~ thorough, or border upon the State or any portion thereof. (B) The following abbreviations when used in this chapte meanings: BOD - Biochemical Oxygen Demand CFR- Code of Federal Regulations COD- Chemical Oxygen Demand EPA- Environmental Protection Agency gpd - Gallons per day N.C.G.S.- North Carolina General Statutes l - Liter mg - Milligrams ~ mg/1- Milligrams per liter NPDES -National Pollution Discharge Elimination O & M -Operation and Maintenance POTW -Publicly Owned Treatment Works RCRA -Resource Conservation and Recovery Act SIC -Standard Industrial Classification anal and temporary of factors beyond the reasonable the extent caused by operational lent facilities, lack of preventive domestic wastes from dwellings, vent facilities and institutions, hat may be present, whether nter the POTW. vays, wells, springs, reservoirs, or accumulations of water, ;,h are contained within, flow shall have the designated Ordinance 0-2008-11 Page 12 of 50 Exhibit "A" SANITARY SEWERS AND CONNECTIONS SWDA -Solid Waste Disposal Act TSS -Total Suspended Solids TK1V -Total Kjeldahl Nitrogen USC -United States Code (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; O1) Ord. 0-2001-05, passed 1-16- § 52.010 REQUIRED SEWERS AND CONNECTIONS. (A) Any person owning a building which i_s used for habi corporate limits, which is accessible to a public sanitary sewer sewer main, except when the existing building.is already connf functioning without the need for repair in accordance with the department. For the purpose of this section, accessible is defin (1) The public sewer main is either on the lot or public right-of--way; and on or occupancy within the .in, shall connect to the public ;d to a septic tank which is uirements of the county health as follows: any portion of the lot within a (2) The closest distance of the public sewer main to feet or less. (B) A sewer connection for service to a building shall be authorized by the POTW Director, at the expense of the owner replacement of the building sewer from the sewer connection 1 an approved building code permit in accordance with all appli~ the owner or user. The maximum allowable infiltration fora Y day/inch-diameter/mile. The POTW may require repairs or re sewer in order to meet the same infiltration allowance requirer sewers and connections. (C) Where no sanitary sewer main is accessible, a proper propose the extension of new sewer mains to .serve property w] the existing POTW. Such extensions of public mains shall be city Water and Sewer Extension Policy as adopted by the City applicable technical requirements of Title 15A: 02H .0200 of t Code, City of Monroe Sanitary Sewer Design Standards, and C Specifications for Sanitary Sewers. portion of the building is 200 lade by the POTW, or as iser. The extension, repair, or the building shall be made under ble codes and at the expense of ilding sewer is 100 gallons per acement of an existing building ;nts as specified for new building owner or developer may .h would then be connected to ~vided in accordance with the ~uncil and shall meet the North Carolina Administrative of Monroe Standard Ordinance 0-2008-11 Page 13 of 50 Exhibit "A" (D) Where no sanitary sewer main is accessible, a septic ~ obtaining all applicable permits. Septic tank installation shall 1 standards and requirements of the State Department of Health --- regulations, and all building and plumbing codes. (E) Separate and independent sewer connections shall be the below exceptions: nk may be installed, after in accordance with the applicable county health for every building with (1) Where one building stands at the rear of another on the same land parcel, and no reasonable access to a sewer main is available to the rear building except under the front building, the building sewer from the front building may be extended to the rear building and be considered as one building sewer to one sewer connection so long as all applicable codes are met, and with the prior approval of the POTW Director. (2) Multiple buildings under single ownership on a sin a private sewer main to which individual building sewers are cc POTW Director in accordance with the city's Water and Sewer all permits required by the N.C. Department of Environment a and complied with. Separate buildings on separate properties fc service connection may at the discretion of the POTW Director building connections at the owner's expense. (F) An old sewer connection or building sewer may be u when found on examination and test by the POTW to meet all ;le property may be connected to nnected when approved by the Extension Policy, provided that id Natural Resources are obtained and to be connected to the same be ordered to install separate to serve a new building only uirements of this chapter. (G) Wherever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer connection, domestic sewage carried by such building drain shall be lifted by an approved means and discharged to the sewer connelction at the expense of the owner/user. (H) The city must review and approve all sewer connec expansion or modification of an existing building to the sani~ origin, if the wastewater is to be treated by the city's POTW, other governmental agencies' existing sewerage collection sy approved by the city shall be properly designed and construc guidelines as published by the Environmental Protection AgE 35.92704 or as revised). (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; , 97; Am. Ord. 0-2001-05, passed 1-16-01) § 52.011 MAINTENANCE OF BUILDING SEWERS (A) Building sewers extended to the sewer connection owner/user. is from a new building or sewer main, regardless of ;ept residential connections to ns. All sewers and connections in accordance with such r (reference 40 CFR, section Ord. 0-1997-38, passed 9-16- SEWER CONNECTIONS. be maintained by the Ordinance 0-2008-11 Page 14 of 50 Exhibit "A" (B) The "Sewer Connection" -shall be maintained by the c However, the owner shall be responsible for maintaining an op sewer through the sewer connection to the sewer main line or t• (C) Relocation and/or replacement of a sewer connection development shall be made by-the city at the expense of the ova (D) Where sewer service is permanently discontinued, t: capped by the city at the expense of the owner/user. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed passed 1-16-01) § 52.012 STREET CUTS. All street cuts in connection with sewer service shall be m edition of Appendix A of this chapter, on file in the office of (Ord. passed 6-22-94) § 52.013 CONNECTION APPLICATION AND FEES. ~~ (A) Any owner/user desiring to connect any premises to make an application therefore to the city. Such application sh of the premises involved, the street address of the premises, tl and other appropriate information necessary for the city to del approved in accordance with all provisions of this chapter. (B) Payment of all connection fees shall accompany the connection. '~ (1) The connection fee shall include the cost of the c• easement line of the property of the owner/user, and all applic (2) Such connection fee shall be fixed according to a established by the City Council and shall be specified in the 1~ chapter, on file in the office of the City Clerk. (Ord. passed 6-22-94; Am. Ord. 0-2001-05, passed 1-16-0 l ) § 52.014 BACKWATER VALVES. at the expense of the owner. flow path from the building final manhole. individual improvement or sewer connection shall be •7-96; Am. Ord. 0-2001-05, by the city. See the latest City Clerk. le city sewerage system shall t state the name of the owner/user size of the proposed connection, mine if the application can be application for a sewer ;tion to the right-of--way or capacity fees. e schedule for such connection ;st edition of Appendix A of this Ordinance 0-2008-11 Page 15 of 50 Exhibit "A" All gravity building drains or building sewers connecting to to existing. structures requiring a plumbing permit, which drain lower than the rim elevation of the closest upstream manhole of ~- where the building sewer is connected to the main, shall have it building drain a backwater valve to protect such fixtures from 1, connection or the public sewer main. The backwater valves shy normal unimpeded use of the building drain and building sewer seal against backflow. The backwater valve shall be accessible meet the technical requirements of the North Carolina State Bui and latest edition. iew structures or modifications plumbing fixtures at an elevation the public sewer main from stalled on the building sewer or ackwater either from the sewer 11 be constructed to open to allow but shall insure a mechanical for service and repair and shall lding Code, Volume II Plumbing, (Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-1997-38, passed 9-16-97) GENERAL SEWER USE REQUII § 52.020 PROHIBITED DISCHARGE STANDARDS. MENTS (A) General Prohibitions. No user shall contribute or ca POTW, directly or indirectly, any pollutant or wastewater whi through. These general prohibitions apply to all users of a PO significant industrial user or subject to any National, State, or ~~ requirements. (B) Specific Prohibitions. No user shall contribute or POTW the following pollutants, substances, or wastewater: to be contributed into the causes interference or pass J whether or not the user is a al pretreatment standards or to be contributed into the (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances in amounts which will the POTW resulting in interference (but in no case solids great dimension). fuse obstruction of the flow in than one-half inch in any (3) Petroleum fuel or oil, nonbiodegradable cutting oily or products of mineral oil origin, in amounts that will cause interference or pass through, or in ariy amounts discharged from storage or containment areas which are separate- from process use. (4) Any wastewater having a pH less than 5.0 or more any other corrosive property capable of causing damage to the 1 12.0, or wastewater having ~ or equipment. Ordinance 0-2008-11 Page 16 of 50 Exhibit "A" C~ (5) Any wastewater containing pollutants, including (BOD, etc) in sufficient quantity, (flow or concentration) eitl other pollutants, to cause interference with the POTW. ygen-demanding pollutants, singly or by interaction with (6) Any wastewater having a temperature greater than 150° F(66°C) or which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction intio the-treatment plant to exceed 104°F (40°C). (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health an~ safety problems. (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW Director in accordance with § 52.028. (9) Any noxious or malodorous liquids, gases, or solid's or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (10) Any substance which may cause the POTW's effl POTW such as residues, sludges, or scums, to be unsuitable fol interfere with the reclamation process. In no case, shall a subsl cause the POTW to be in noncompliance with sludge use or di; issued under Section 405 of the Act; the Solid Waste Disposal Substances Control Act, or State criteria applicable to the sludgy used. (11) Any wastewater which imparts color which cannc process, including, but not limited to, dye wastes and vegetablE consequently imparts sufficient color to the treatment plant's of POTW's NPDES permit. Color (in combination with turbidity) plant effluent to render the waters injurious to public health or life and wildlife or to adversely affect the palatability of fish or receiving waters for any designated uses. (12) Any wastewater containing any radioactive waste specifically approved by the POTW Director in compliance wig regulations. (13) Storm water, surface water, ground water, artesian subsurface drainage, swimming pool drainage, condensate, dei~ water and unpolluted industrial wastewater; unless specifically Director. Properties determined to have direct storm water con system will be required to eliminate said connections within 9C from the POTW Director. Properties failing to comply will be fees, customer charges, and usage fees, based on a calculated e contributing impervious areas and average annual rainfall amol ~- be based on an average wastewater discharge rate of 6,000 gall size. gent or any other product of the reclamation and reuse or to lnce discharged to the POTW ~osal regulations or permits pct, the Clean Air Act, the Toxic management method being t be removed by the treatment tanning solutions, which iuent thereby violating the shall not cause the treatment econdary recreation or to aquatic aesthetic quality or impair the or isotopes except as applicable State or Federal 1 well water, roof runoff, -nized water, noncontact cooling authorized by the POTW sections to the sanitary sewer days of receiving written notice assessed wastewater capacity luivalent water meter size using ants. Equivalent meter size will ins per month fora 3/4-inch meter Ordinance 0-2008-11 Page 17 of 50 Exhibit "A" (14) Fats, oils, or greases of animal or vegetable o: 200 mg/1, or petroleum based oils in concentrations greater (15) Any sludges, screenings or other residues from wastes. (16) Any medical wastes, except as specifically wastewater discharge permit. pretreatment of industrial <` in concentrations greater than 25 mg/l. by the POTW Director in a (17) Any material containing ammonia, ammonia saltsl, or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system. (18) Any material that would be identified as hazardous waste according to 40 CFR Part 261 if not disposed of in a sewer except as may be specifically i uthorized by the POTW Director. (19) Any wastewater causing the treatment plant effluent to violate State Water Quality Standards for toxic substances as described in 15A NCAC 2B .0200. (20) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. (21) Recognizable portions of the human or animal an tomy. (22) Any wastes containing detergents, surface active gents, or other substances which may cause excessive foaming in the municipal wastewater system. (23) 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 5% nor any single reading over 10% of the lower explosive limit (LEL) of the me~er. (C) Pollutants, substances, wastewater, or other wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the municipal wastewater system. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the system. (D) When the POTW Director determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts which ma~ cause or contribute to interference of POTW operation or pass through, the POTW Director shall: (1) Advise the user(s) of the potential impact of the accordance with § 52.120; and (2) Take appropriate actions in accordance with § 52 POTW from interference or pass through. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; O1; Am. Ord. 0-2002-28, passed 5-7-02) on the POTW in 1 for such user to protect the Ord. 0-2001-05, passed 1-16- Ordinance 0-2008-I1 Page 18 of 50 Exhibit "A" .._. ~- n § 52.021 NATIONAL CATEGORICAL PRETREATMENT STANDARDS. (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 and incorporated herein. (B) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW D%rector may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (C) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the POTW Director shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). (D) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the fa tors considered by EPA when developing the categorical pretreatment standard. (E) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. (Ord. passed 6-22-94) ~ § 52.022 INDUSTRIAL WASTE SURVEY AND LOCAL (A) An industrial waste survey is required prior to a user containing in excess of the following average discharge limits 250. mg/1 BOD 200 mg/1 TSS 40 mg/1 TKN 0.003 mg/1 arsenic 0.003 mg/1 cadmium 0.061 mg/1 copper 0.01 mg/1 cyanide 0.04 mg/1 lead 0.0003 mg/1 mercury 0.021 mg/1 nickel wastewater Ordinance 0-2008-11 Page 19 of 50 Exhibit "A" ._ 0.005 mg/1 silver 0.05 mg/1 total chromium 0.175 mg/1 zinc 20.0 mg/1 ammonia nitrogen mass limits in addition to, or in place of, concentration based limit: (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96) (B) Industrial Waste Survey information will be used to d velop user specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concern. User-specific local limits for appropriate pollutants of concern. shall be included in wastewater permits. ~'he POTW Director may impose 200 mg/1 oil & grease (animal & vegetable origin) 25.0 mg/1 oil & grease (petroleum & mineral origin) § 52.023 STATE REQUIREMENTS. State requirements and limitations on discharges shall apply stringent than Federal requirements and limitations or those in 1 (Ord. passed 6-22-94) § 52.024 RIGHT OF REVISION. The city reserves the right to establish limitations and req than those required by either State or Federal regulation if de objectives presented in § 52.001 or the general and specific 1 allowed by 40 CFR 403.4. (Ord. passed 6-22-94) § 52.025 DILUTION. in any case where they are more his chapter. ements which are more stringent led necessary to comply with the hibitions in § 52.020, as is Ordinance 0-2008-11 Page 20 of 50 Exhibit "A" No user shall ever increase the use of process water or; in discharge as a partial or complete substitute for adequate trey the limitations contained in the National categorical pretreatr ~- authorized by an applicable pretreatment standard, or in any developed by the City or State. (Ord. passed 6-22-94) - - - § 52.026 PRETREATMENT OF WASTEWATER. way, attempt to dilute a it to achieve compliance with standards, unless expressly pollutant-specific limitation (A) Pretreatment Facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and wastewater permits issued under § 52.051 and shall achieve compliance with all National categorical pretreatment standard, local limits, and the prohibitions set out in § 52.020 of this chapter within the time limitations as specified by the EPA, the State, or the POTW Director whichever is more~stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the t}ser's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be approved by the POTW Director before construction of the facility. The review of such plans and operating procedures shall in no way elieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes i the pretreatment facilities or method of operation shall be reported to and be acceptable by the POTW Director prior to the user's initiation of the changes. (B) Additional Pretreatment Measures. (1) Whenever deemed necessary, the POTW Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into ~ specific sewers, relocate and/or consolidate points of diseliarge~ separate sewage wastestreams ~`.,.' from industrial wastestreams; and such-other conditions as ma j be necessary to protect the POTW and determine the user's compliance-with the requirements of this chapter. (2) The POTW Director may require anypersori discharging into the POTW to install and maintain, on their property and at their expense, a suitable ~torage and flow-control facility to ensure equalization of flow. A wastewater discharge permit-may be issued solely for flow equalization. . (3) The POTW Director may.require grease, oil, and/oi~ grit interceptors to be installed when required under subdivision (a) below, or when they'.are n ~ cessary for compliance with oil & grease limits under § 52.022(A) of this chapter or to prevent~grit from entering the sewer system in quantities which require regular maintenance, or potentially cause reduction in sewer pipe capacity or blockages; except that such interceptors shall riot be required for residential Ordinance 0-2008-11 Page 21 of 50 Exhibit "A" users. All interception units shall be of type and capacity appro shall be so located to be easily accessible for cleaning and insp~ cleaned, and repaired regularly, as needed, by the user at the us `. (a) Users operating commercial food preparation, p shall install and maintain at the user's expense an approved oil , which the wastewater from this area of the facility shall pass be public sewer. Such interceptor shall be constructed in accordan accordance with a submitted design by a professional engineer professional seal that the design will achieve oil and grease ren ordinance at specified maximum operating conditions of the us specified operation and maintenance. Oil and grease intercepto: shall be serviced and emptied of their waste content as often as (~ oil & grease initially contained by the interceptor, and such way `" the interceptor shall not be discharged to the public sewer. The record for three years of history of each date that the intercepto quantity of waste removed, and waste hauler performing the se. information regarding best management practices for keeping c City system and train employees to comply with such practices (4) Users with the potential to discharge flammable su install and maintain an approved combustible gas detection me (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96) ~~, by the POTW Director and -n. Such interceptors shall be s expense. ~cessing, or serving facilities id grease interceptor through ore being discharged to the with city standard details or in rho certifies to the city under ovals required by the city's with proper and for commercial food facilities equired to prevent release of any es removed by the emptying of ser shall maintain a written is serviced along with the rice. The user shall also post l and grease from entering the may be required to § 52.027 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS. (A) The POTW Director shall evaluate whether each sig. or other action to control and prevent slug discharges and acci 52.002 Slug Load or Discharge. All SIU's must be evaluated an SIU. The POTW Director may require any user to develop, implement such a plan or other specific action. Alternatively, such a plan for any user. icant industrial user needs a plan i<tal discharges as defined in § hin one year of being designated bmit for approval, and POTW Director may develop (B) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non- routine, episodic nature, anon-customary batch discharge, or a slug load. Also see §52.064 and §52.065. (C) An accidental discharge/slug control plan shall (1) Description of discharge practices, including non- (2) Description of stored chemicals; (3) Procedures for immediately notifying the POTW discharges, as required by § 52.065; and at a minimum, the following: batch discharges; of any accidental or slug Ordinance 0-2008-11 Page 22 of 50 Exhibit "A" (4) Procedures to prevent adverse impacts from_any acci~ procedures include, but are not limited to, inspection and maim and transfer of materials, loading and unloading operations, coy -- training, building of containment structures or equipment, mea pollutants, including solvents, and/or measures and equipment (Ord. passed 6-22-94) § 52.028 HAULED WASTEWATER. (A) Septic tank and portable toilet waste may be introduce ~'i locations- designated by the POTW Director, and at such times `-' Director. Such waste shall not violate GENERAL SEWER US chapter or any other requirements established by the city.. The septic tank and portable toilet waste haulers to obtain wastewat Director may collect samples of each hauled load to ensur-e con standards. The POTW Director may require the waste hauler tc load prior to discharge. 1 or slug discharge. Such ce of storage areas, handling of plant site runoff, worker for containing toxic organic emergency response. ;d into the POTW only at is are established by the POTW E REQUIREMENTS of this ?OTW Director may require ;r discharge permits. The POTW ipliance with applicable ~ provide a waste analysis of any (B) The POTW Director shall require haulers of industrial waste to obtain waste water discharge permits. The POTW Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The POTW Director also ay prohibit the disposal of hauled industrial waste. The discharge of hauled- industrial waste is subject to all other ~/ requirements of this chapter. (C) Industrial waste haulers may discharge loads only at locations designated by the POTW Director. No load may be discharged without prior consent of the POTW Director. The POTW Director may collect samples of each hauled load to ensure co pliance with applicable standards. The POTW Director may require the industrial was e hauler to provide a waste analysis of any load prior to discharge. (D) Industrial waste haulers must provide awaste-tracki shall include, at a minimum, the name and address of the indu truck identification, names and addresses of sources of waste, waste. The form shall identify the type of industry, known or whether any wastes are RCRA hazardous wastes. (Ord. passed 6-22-94; Am. Ord. 0-2000-10, passed 2-15-00) FEES § 52.040 PURPOSE. form for every load. This form ial waste hauler, permit number, d volume and characteristics of ~pected waste constituents, and Ordinance 0-2008-11 Page 23 of 50 Exhibit "A" It is the purpose of this chapter to provide for the recovery wastewater disposal system for the implementation of the pro; applicable charges or fees shall be set forth in Appendix A of -- the City Clerk. (Ord. passed 6-22-94; Am. Ord. 0-2000-10, passed 2-15-00) § 52.041 SERVICE CHARGES. (A) A usage charge shall be levied on all users including, costs from users of the city's m established herein. The s chapter, on file in the office of not limited to, persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of sewage into the POTW. Usage charges shall be variable, based on metered water usage (or metered sewer discharge in special cas, s approved by the Director). (B) A customer charge shall be levied on all users who, by requesting service and paying all applicable fees, have a city service connection installed to their property. This shall include pre-installed service connections. The customer charge shall be fixed based on water meter size and sewer meter capacity. (C) The service charges shall reflect at least the cost of debt service, operation and maintenance (including replacement) of the POTW. (D) The City Manager shall review annually the sewage contributions of users, the total costs of debt service, operation and maintenance of the POTW and will make recommendations to the City Council for adjustments in the schedule of charges a~d fees as necessary. (E) Charges for flow to the POTW not directly attri among all users of the POTW. (Ord. passed 6-22-94; Am. Ord. 0-2000-10, passed 2-15-00; O1) § 52.042 SURCHARGES. (A) All industrial users of the POTW are subject to discharges, which exceed established levels for selected of this chapter on file in the office of the City Clerk. (B) The amount of surcharge will be determined as set on file in the office of the City Clerk. to the users shall be distributed Ord. 0-2001-05, passed 1-16- waste surcharges on s as set forth in Appendix A in Appendix A of this chapter Ordinance 0-2008-11 Page 24 of 50 Exhibit "A" (C) The volume of flow used in determining the total disci of user charges and surcharges shall be based on the following: of wastewater for payment (1) Metered water consumption as shown iri the the City; or of meter readings maintained by (2) If required by the City or at the individual discharger's option, other flow monitoring devices which measure the actual volume of wastewater discharged to the sewer. Such devices shall be accessible and safely located, and the measuring system shall be installed in accordance with plans approved by the city. The metering system shall be i~stalled and maintained at the user's expense according to arrangements that may be made wi~h the City. (3) Where any user procures all or part of his water su~ply from sources other than the city, the user shall install and maintain at his own expense a flow measuring device of a type approved by the City. (D) The character and concentration of the constituents of the wastewater used in determining surcharges shall be determined by samples collected and analyzed by the City and or the industrial user. Samples shall be collected in such a manner as to be representative of the actual discharge and shall be analyzed using procedures set fort in 40 CFR Part 136. (E) The determination of the character and concentration bf the constituents of the wastewater discharge by the POTW Director or his duly appoin~ed representatives shall be binding as a basis for charges. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; 00) § 52.043 BILLING. (A) Residential Users. All residential users shall be (B) Industrial and Commercial Users. (1) All industrial and commercial users shall be billed usage charges. (2) Surcharges shall be billed and payable quarterly user by the city. The quarters shall be as follows: (a) 1st Quarter: January 1 to March 31 (b) 2nd Quarter: April 1 to June 30 (c) 3rd Quarter: July 1 to Sept. 30 (d) 4th Quarter: Oct. 1 to Dec. 31 Ord. 0-2000-10, passed 2-15- monthly by the city. for the customer and a separate bill rendered to the Ordinance 0-2008-11 Page 25 of 50 Exhibit "A" (3) Pretreatment Program Administration Charges and Fees shall be billed annually on July 1, and shall be paid withil set forth in Appendix A of this chapter on file in the office of tl (Ord. passed 6-22-94; Am. Ord. 0-2000-10, passed 2-15-00; A O1) § 52.044 WHEN SERVICE CHARGES COMMENCE. Jrease Interceptor Inspection 30 days of the date of invoice as ;City Clerk. Ord. 0-2001-05, passed 1-16- (A) Service charges (customer and usage) shall begin when the sewer connection is installed and the customer's service line is connected to the premises. Service charges will commence 90 days after the sewer connection is installed if the customer's service line to the premises has not been installed. (B) In the event that a customer requests a new sewer cc to use an existing on-site septic system without connecting to apply: (1) Customer charges shall commence after service fees, and installation of new sewer connection. (2) Usage charges shall commence upon connection to customer's plumber, shall be required to obtain a permit from tl connection and prior to burying the new service connection so t ~ pipeline installation. Any plumber or person connecting to the proper permit shall be subject to fines for unauthorized connect Customer's connection to the City's wastewater system without subject to back charges and fees to the fullest extent of the law. (Ord. passed 6-22-94; Am. Ord. 0-2000-10, passed 2-15-00; A: O1) § 52.045 PRETREATMENT PROGRAM ADMINISTRA The schedule of charges and fees adopted by the City and in chapter may include charges and fees for: (1) Reimbursement of costs of setting up and operatin€ (2) Monitoring, inspections and surveillance procedure (3) Reviewing slug control plans, including accidental procedures and construction plans and specifications; (4) Permitting; ction installation, but continues City system, the following shall payment of all applicable le City system. Customer, or City of Monroe prior to ~t the City may inspect the ty wastewater system without n to a City utility system. •oper authorization shall be Ord. 0-2001-05, passed 1-16- CHARGES. uded in Appendix A of this the Pretreatment Program; slug load discharge Ordinance 0-2008-11 Page 26 of 50 Exhibit "A" (5) Other fees as the city may deem necessary to -carry Pretreatment Program. (Ord. passed 6-22-94; Am. Ord. 0-2000-10,passed 2-15-00) WASTEWATER DISCHARGE PERMIT APPL § 52.050 WASTEWATER DISCHARGERS. It shall be unlawful for any person to connect or discharge i obtaining the permission of the city. When requested by the P information on the nature and characteristics of its wastewater The POTW Director is authorized to prepare a form for this pi require users to update this information. (Ord. passed 6-22-94) ~" § 52.051 WASTEWATER PERMITS. (A) All significant industrial users shall obtain a signific the commencement of discharge to the POTW. Existing indu; the POTW Director to be significant industrial users shall obt~ permit within 180 days of receiving notification of the POTW determination. Industrial users who do not fit the significant it discretion of the POTW Director be required to obtain a waste significant or local industrial users. (B) Significant Industrial User Determination. All perso. domestic wastewater, or proposing to change the volume or cl discharge.of non- domestic wastewater shall request from the industrial user determination. If the POTW Director determin discharge fits the significant industrial user criteria he will req user permit application be filed. (C) Significant Industrial User Permit Application. Users industrial user permit shall complete and file with the city, an a ('~ by the POTW Director, and accompanied by an application fee schedule of charges and fees. Significant industrial users shall user permit within 90 days after notification of the POTW Dire the requirements of the TION AND ISSUANCE the POTW without first 'W Director, a user must submit thin 30 days of the request. use and may periodically industrial user permit prior to ~1 users who are determined by a significant industrial user al user criteria may at the discharge permit for non- proposing to discharge non- acteristics of an existing -TW Director a significant or suspects that the proposed •e that a significant industrial Iuired to obtain a significant ~ication in the form prescribed the amount prescribed in the ply for a significant industrial determination in § Ordinance 0-2008-11 :Page 27 of 50 Exhibit "A" 52.051(B) above. In support of the application, the user shall appropriate for evaluation, the following information: (1) Name, address, and location, (if different from the it, in units and terms (2) Standard Industrial Classification (SIC) and or North hmerican Industry Classification System codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated; (3) Analytical data on wastewater constituents and charac to those mentioned in subchapter entitled "General Sewer Use I pollutants (Section 307(a) of the Act) which the applicant know discharge as determined by a reliable analytical laboratory, and the POTW; sampling and analysis shall be performed in accord. by the EPA pursuant to Section 304(g) of the Act and contained and as required in §52.068 and §52.069. ); eristics including but not limited equirements," any of the priority or suspects are present in the lny other pollutant of concern to nce with procedures established in 40 CFR, part 136, as amended (4) Time and duration of the indirect discharge; (5) Average daily and 30 minute peak wastewater flow and seasonal variations if any; (6) Site plans, floor plans, mechanical and plumbing floor drains, sewer connections, direction of flow and appu elevation; (7) Description of activities, facilities and plant processes materials which are or could be accidentally or intentionally dis (8) Where known, the nature and concentration of any po are limited by any City, State, or Federal Pretreatment Standard whether or not the pretreatment standards are being met on a co additional operation and maintenance (O&M) and/or additional user to meet applicable pretreatment standards; rates, including daily, monthly and details to show all sewers, ces by the size, location and the premises including all pants in the discharge which and a statement regarding istent basis and if not, whether ~etreatment is required for the (9) 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 longer than the compliance date established for the applicable pretreatment standard. The following conditions app~y to this schedule: (a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine (9) months. (b) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW Director including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, Ordinance 0-2008-11 Page 28 of 50 Exhibit "A" and if appropriate, the steps being taken by the user to return to event shall more than nine (9) months elapse between such prod Director. (10) Each product produced by type, amount, process or 1 (11) Type and amount of raw materials processed (avera€ (12) Number and type of employees, and hours of operati actual hours of operation of pretreatment system; established schedule. In no reports to the POTW cesses and rate of production; and maximum per day); of plant and proposed or (13) If subject to a categorical standard, a baseline monitdring report in accordance with 40 CFR 403.12(b) and 15A NCAC 2H .0908(a); as out-lined in § 52.060. (14) Any other information as may be deemed by the PO' `~ evaluate the permit application. (D) Application Signatories and Certification. All wastev applications and user reports must be signed by the current auth on file with the City as defined in §52.002 AUTHORIZED REI INDUSTRIAL USER and contain the following certification st, "I certify under penalty of law that this document and all attach direction or supervision in accordance with a system designed t properly gather and evaluate the information submitted. Based ~ or persons who manage the system, or those persons directly re ~ information, the information submitted is, to the best of my knc and complete. I am aware that there are significant penalties for including the possibility of fine and imprisonment for knowing (E) Application Review and Evaluation. The POTW Dire furnished by the user and may require additional information. (1) The POTW Director is authorized to accept applica all applications to the POTW staff for review and evaluation. (2) Within 30 days of receipt the POTW Director shall --r complete application; or if not complete, shall return the applic~ statement of what additional information is required. (F) Tentative Determination and Draft Permit. (1) The POTW staff shall conduct a review of the appl of the significant industrial user, including any pretreatment fac evaluation and tentative determination to issue or deny the sign. (2) If the staff s tentative determination in division (1) following additional determinations shall be made in writing: _~ (a) Proposed discharge limitations for those pollutes Director to be necessary to discharge permit d representative of the user ENTATIVE OF THE rents were prepared under my assure that qualified personnel n my inquiry of the person ponsible for gathering the ~vledge and belief, true, accurate, submitting false information, ,,,.i,.+;,.w,. ~~ will evaluate the data for the City and shall refer ~owledge and accept the to the applicant with a ition and an on-site inspection ties, and shall prepare a written cant industrial user permit. is to issue the permit, the proposed to be limited; Ordinance 0-2008-11 Page 29 of 50 Exhibit "A" (b) A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and (c) A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application. (3) The staff shall organize the determinations made p suant to divisions (1) and (2) above and the City's general permit conditions into a significant industrial user permit. (G) Permit Synopsis. (1) A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant and the approval a ~thority and shall be made available to the public upon request. (2) The contents of such fact sheets shall include at lea t the following information: (a) A sketch or detailed description of the industrial facilities and pretreatment facilities including the location of all points of discharge to the POTW and all established compliance monitoring points. (b) A quantitative description of the discharge described in the application which includes at least the following: 1. The rate or frequency of the proposed dischar e; if the discharge is continuous; the average daily flow; ~~ 2. The actual average daily discharge in pounds per day of any limited pollutant and any pollutant identified in the application as known or suspected present; and 3. The basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards. (H) Final Action On Significant Industrial User Permit Ap lications. (1) The POTW Director shall take final action on all applications not later than 90 days following receipt of a complete application. (2) The POTW Director is authorized to: (a) Issue a significant industrial user permit containi g such conditions as are necessary to effectuate the purposes of this chapter and N.C.G.S~. 143-215.1; (b) Issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements; (c) Modify any permit upon not less than 60 days no~ice and pursuant to § 52.051(J); (d) Revoke any permit pursuant to § 52.120; y (e) Suspend a permit pursuant to § 52.120; Ordinance 0-2008-11 Page 30 of 50 Ex/:ibit "A" ~` (f) Deny a permit application when in the opinion o discharge may cause or contribute to pass-through or interferen~ plant or where necessary to effectuate the purposes ofN.C.G.S. (I) Hearings. (1) Initial Adjudicatory Hearings. An applicant whose subject to conditions he deems unacceptable, a permittee/user a 52.999, or one issued an administrative order under § 52.120 sh adjudicatory hearing before a hearing officer designated by the written demand, identifying the specific issues to be contested, days following receipt of the significant industrial user permit, administrative order. Unless such written demand is made, with action shall be final and binding. The hearing officer shall conv following receipt by the POTW Director of the written demand applicant and shall make a final decision on the contested perm days after the hearing is convened. The POTW Director shall t: officer's decision by registered or certified mail. - 'the POTW Director such e of the wastewater treatment 143-215.1. permit is denied, or is granted sessed a civil penalty under § X11 have the right to an 'OTW Director upon making o the POTW Director within 30 ivil penalty assessment, or .n the time specified herein, the ;ne the hearing within 45 days for such- hearing from the t, penalty, or order within 45 ansmit a copy of the hearing (a) New Permits. Upon appeal, including _ judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit; the terms and conditions of the entire permit are stayed and the permit:is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution. (b) Renewed Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of ju icial review or until the parties reach a mutual resolution. (2) Final Appeal Hearings. Any decision of a hearing adjudicatory hearing held under division (I)(1) above may be of filing a written demand to the City Manager within 10 days of r~ Hearings held under this Subdivision shall be conducted in accc hearing procedures. Failure to make written demand within the further appeal. The City Council shall make a final decision on date the appeal was filed and shall transmit a written copy of its certified mail. (3) Official record. When a final decision is issued und% Council shall prepare an official record of the case that includes: cer made as a result of an pled, to the City Council upon ipt of notice of the decision. nce with City of Monroe specified herein shall bar appeal within 90 days of the vision by registered or division (I)(2) above, the City (a) All notices, motions, and other like pleadings; (b) A copy of all documentary evidence introduced; (c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summar}~ of any testimony taken. (d) A copy of the final decision of City Council. Ordinance 0-2008-11 Page 31 of 50 Exhibit "A" (4) Judicial Review. Any person against whom a final Council is entered, pursuant to the hearing conducted under div judicial review of the order or decision, by filing a written petits notice by registered or certified mail of the order or decision, bt Court of Union County along with a copy to the city. Within 3( the petition of judicial review, the City Council shall transmit tc or a certified copy of the official record. (J) Permit Modification. order or decision of the City Sion (I)(2) above, may seek ~n within 30 days after receipt of t not thereafter, with the Superior days after receipt of the copy of the reviewing court the original (1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as listed below. Any changes or new conditions in the permit shall /-~ include a reasonable time schedule for compliance. E (a) Changes in the ownership of the discharge indicated, (b) A single modification of any compliance sched (c) Modification of compliance schedules (constru new sources where the new source will not begin to discharge operational. (2) Within nine months of the promulgation of a Nati~ standard, the wastewater discharge permit of users subject to s require compliance with such standard within the time frame F --~ a user, subject to a National categorical pretreatment standard, application for a wastewater discharge permit as required by § a wastewater discharge permit within 180 days after the proms categorical pretreatment standard. (3) A request for a modification by the permittee shall notice required by N.C.G.S. § 143-215.1(b) for modifications. (K) Permit Conditions. (1) The POTW Director shall have the authority to gray attached as he believes necessary to achieve the purpose of this Wastewater permits shall contain, but are not limited to the folly no other change in the permit is not in excess of four months, schedules) in permits for control facilities are 1 categorical pretreatment 1 standards shall be revised to cribed by such standard. Where s not previously submitted an .051(C), the user shall apply for ition of the applicable National tute a waiver of the 60 day a permit with such conditions iapter and N.C.G.S. 143-215.1. (a) A statement of duration (in no case more than fiu years); (b) A statement of non-transferability; (c) Applicable effluent limits based on categorical st dards or local limits or both; Ordinance 0-2008-11 Page 32 of 50 Exhibit "A" 1 ~. c (d) Applicable monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law; (e) Requirements for notifying the POTW in the event of an accidental discharge or slug load as defined in § 52.002 SLUG LOAD; (f) Requirements to implement a Plan or other controls for prevention of accidental discharges/or slug loads as defined in § 52.002 SLUG LOAD. If determined by the City of Monroe Water Resources Director to be necessary for the User and, (g) Requirements for immediately notifying the POW of any changes at its facility affecting the potential for spills and other accidental discharges or slug load as defined in § 52.002 SLUG LOAD. Also see § 52.064 and § 52.065. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. (2) In addition, permits may contain, but are not limited to, the following: (a) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization. (b) Limits on the instantaneous, daily and monthly concentration, mass, or other measure of identified wastewater (c) Requirements for the installation of pretre~ appropriate containment devices, etc., designed to reduce, of pollutants into the treatment works. (d) Development and implementation of waste min. amount of pollutants discharged to the municipal .wastewater s~ (e) The unit charge or schedule of user charges and wastewater discharged to the system. (f) Requirements for installation and maintenance c facilities and equipment. (g) Specifications for monitoring programs which r frequency of sampling, number, types, and standards for tests, (h) Requirements for immediate reporting of any is automatic resampling and reporting within 30 days where self violation(s). reports. (j) Compliance schedules for meeting pretreatment (j) Requirements for submission of periodic self and/or maximum is or properties. technology or construction of gate, or prevent the introduction plans to reduce the s for the management of the inspection and sampling include sampling locations, reporting schedules. of noncompliance and for rind indicates a and requirements. ing or special notification Ordinance 0-2008-11 Page 33 of 50 Exhibit "A" (k) Requirements for maintaining and retaining p] wastewater discharges as specified in § 52.071 and affording representatives, access thereto. and records relating to POTW Director, or his (1) Requirements for prior notification and approval by the POTW Director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system. (m) Requirements for the prior notification and apprlIoval by the POTW Director of any change in the manufacturing and/or pretreatment process u$ed by the permittee. (n) A statement that compliance with permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the terms of the permit. (o) Other conditions as deemed appropriate by the POTW Director to ensure compliance with this chapter, and State and Federal laws, rules, and regulations. (p) Permits Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. (q) Permit Transfer. Waste water 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. (r) Permit Reissuance. A significant industrial user shall submitting a complete permit application in accordance with § days prior to the expiration of the existing permit unless specii User Permit. (Ord. passed 6-22-94; Am. Ord. 0-1996-11,-passed 5-7-96; Am. O1) § 52.052 PERMITS TO DISCHARGERS IN OTHER GO SEWERAGE SYSTEMS. AL AGENCIES' The authority of the POTW Director to issue permits and to administer all other provisions of this chapter shall extend to all industrial users, who discharge to ~Ithe city's POTW, including those users who may discharge through the sewage system of another governmental agency. (Ord. passed 6-22-94) REPORTING REQUIREMENTS ly for permit reissuance by O51(C) a minimum of 180 differently in the Industrial Ord. 0-2001-05, passed 1-16- Ordinance 0-2008-11 Page 34 of 50 Exf:ibit "A" § 52.060 BASELINE MONITORING REPORTS. (A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a) (4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the POTW Director a report which contains the information listed in division (B), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the POTW Director a repot which contains the information listed in division (B), below. Anew source shall report the method of pretreatment it intends to use to meet applicable categorical standards. Anew source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. (B) Users described above shall submit the information se forth below: (1) Identifying Information. The name and address of the facility, including the name of the operator and owner. (2) Environmental Permits. A list of any environment control permits held by or for the facility. (3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. M1~ (4) Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403,6(e). (5) Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the POTW Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 52.068. (c) Sampling must be performed in accordance with rocedures set out in § 52.069 and 40 CFR 403.12(b) and (g), including 40 CFR 403.12(g)(4). (6) Certification. A statement, reviewed by the user's curt`ent authorized representative defined in § 52.002and certified by a qualified professional, indicating whether pretreatment f~i standards are being met on a consistent basis, and, if not, whether additional operation and -- ' maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. Ordinance 0-2008-11 Page 35 of 50 Exl:ibit "A" (7) Compliance Schedule. If additional pretreatment anc the pretreatment standards, the shortest schedule by which the pretreatment and/or O & M. The completion date in this schec ~- compliance date established for the applicable pretreatment sta pursuant to this section must meet the requirements set out in § 152.061. (8) Signature and Certification. All base-line certified in accordance with § 52.051(D). ~` (Ord. passed 6-22-94) 08iM will be required to meet will provide such additional shall not be later than the rd. A compliance schedule reports must be signed and § 52.061 COMPLIANCE SCHEDULE PROGRESS REPORTS. The following conditions shall apply to the compliance schedule required by § 52.060(B)(7): (A) The schedule shall contain progress increments in the'Form of dates for the commencement and completion of major events leading to the cionstruction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and cor~lpleting construction, and beginning and conducting routine operation); (B) No increment referred to above shall exceed nine (C) The user shall submit a progress report to the POTW Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and (D) In no event shall more than nine months elapse POTW Director. (Ord. passed 6-22-94) such progress reports to the § 52.062 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE. Within 90 days following- the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to s>~ch pretreatment standards and requirements shall submit to the POTW Director a report containing the information described in § 52.060(B)(4-6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long- term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production Ordinance 0-2008-11 Page 36 of 50 Exhibit "A" (or other measure of operation), this report shall include the u appropriate sampling period. All compliance reports must be with § 52.051(D). (Ord. passed 6-22-94) § 52.063 PERIODIC COMPLIANCE REPORTS. s actual production during the ned and certified in accordance Municipalities may sample and analyze user discharges in lieu Hof requiring the users to conduct sampling and analysis. (A) All significant industrial users shall, at a frequency determined by the POTW Director but in no case less than once every six months (January through Jurie and July through December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the applicable flows for tl~e reporting period. Sampling and analysis must be performed in accordance with procedures ~et out in § 52.068 and § 52.069 of this ordinance. All periodic compliance reports must be signed and certified in accordance with § 52.051(D). (B) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the PQTW Director, using the procedures prescribed in § 52.068 and § 52.069, the results of this monitoring shall be inclt{ded in the report. (Ord. passed 6-22-94) u § 52.064 REPORTS OF CHANGED CONDITIONS. (A) Each user must notify the POTW Director of any pl ' ed 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. See § 52.065 (D) for other reporting requirements. B The POTW Director ma re uire the user to submit su~h information as may be 1 ~' i () y q deemed necessary to evaluate the changed condition, including t~e submission of a waste water discharge permit application under § 52.051. (C) The PQTW Director may issue a wastewater discharge permit under § 52.051 or modify an existing wastewater discharge permit under § 52.051 in response to changed conditions or anticipated changed conditions. (D) For purposes of this requirement, significant changes flow increases of 20% or greater, and the discharge of any prey (Ord. passed 6-22-94) .~ ude, but are not limited to, .ly unreported pollutants. Ordinance 0-2008-11 Page 37 of 50 Exl:ibit "A" § 52.065 REPORTS OF POTENTIAL PROBLEMS. (A) In the case of any discharge, including, but not limn discharges of anon-routine, episodic nature, anon-customary_ defined in § 52.002 Slug Load or Discharge, that may cause p. the user shall immediately telephone and notify the POTW Di incident. This notification shall include the location of the dis concentration and volume, if known, and corrective actions ta] (B) Within five days following such discharge, the user Director, submit a detailed written report describing the cause( measures to be taken by the user to prevent similar future occu not relieve the user of any expense, loss, damage, or other liabi result of damage to the POTW, natural resources, or any other shall such notification relieve the user of any fines, penalties, c imposed pursuant to this chapter. to, accidental discharges, ch discharge, or a slug load as ltial problems for the POTW, :or or his designee of the rge, type of waste, by the user. .all, unless waived by the POTW of the discharge and the ences. Such notification shall ty which may be incurred as a rmage to person or property; nor other liability which may be (C) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. (D) All SIUs are required to notify the POTW immediate affecting the potential for spills and other accidental- discharge, episodic nature, anon-customary batch discharge, or a slug loa Load or Discharge. (Ord. passed 6-22-94; Am. Ord. 0-2001-05, passed 1-16-01) § 52.066 REPORTS FROM UNPERMITTED USERS. All users not required to obtain a wastewater discharge per reports to the POTW Director as the POTW Director may req (Ord. passed 6-22-94) _ § 52.067 NOTICE OF NONCOMPLIANCE/REPEAT of any changes at its facility ischarge of anon-routine, as defined in § 52.002 Slug shall provide appropriate G AND REPORTING. (A) If sampling performed by a user indicates noncomplian~l POTW Director within 24 hours of becoming aware of shall also repeat the sampling and analysis and submit t to the POTW Director within 30 days after becoming a~ allowed by the POTW Director, the user is not required the user must notify the e noncompliance. The user results of the repeat analysis ire of the noncompliance. If to resample: Ordinance 0-2008-11 Page 38 of 50 Exhibit "A" (1) if the POTW Director monitors at the user's (2) if the POTW Director samples between the user receives the results of this sampling. at least once a month, or 's initial sampling and when the (B) If the POTW Director does not require the user to perform any self-monitoring and the POTW sampling of the user indicates a noncompliance, the POTW Director shall repeat the sampling and obtain the results of the repeat analysis within 30 days after becoming aware of the noncompliance, unless one of the following occurs: (1) the POTW Director monitors at the user's facili (2) the POTW Director samples the user between POTW receives the results of this initial samr (3) the POTW Director requires the user to perform to the POTW Director within the 30 day deadlin of the noncompliance. ~` (Ord. passed 6-22-94) § 52.068 ANALYTICAL REQUIREMENTS. All pollutant analyses, including sampling techniques, to be sub. discharge permit application or report shall be performed in aca prescribed in 40 CFR Part 136, unless otherwise specified in an pretreatment standard. If 40 CFR Part 136 does not contain sari the pollutant in question, sampling and analyses must be perforr procedures approved by EPA. (Ord. passed 6-22-94) § 52.069 GRAB and COMPOSITE SAMPLE CO at least once a month; or it initial sampling and when the ;; or ~mpling and submit the results of the POTW becoming aware tted as part of a wastewater lance with the techniques plicable categorical ing or analytical techniques for d in accordance with (A) All waste water samples must be representative of the user's discharge. Waste water monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (B) Grab Samples must be used for pH, cyanide, total phe. volatile organic compounds, and any other pollutants POTW shall determine the number of grabs necessary ~ls, oil and grease, sulfide, required by 40 CFR 136. The ~ be representative of the User's Ordinance 0-2008-11 Page 39 of 50 Exhibit "A" discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and 90 day Compliance Reports. Additionally, the POTW Director may allow collection of multiple grabs during a 24 hour period v~hich are composited prior to -' analysis as allowed under 40 CFR 136. (C) Composite Samples: All wastewater composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour th t there is a discharge. All wastewater composite samples shall be collected usin~ flow proportional composite collection techniques, unless time-proportional compoIsite sampling or grab sampling is authorized by the POTW Director. When authorizing time-proportional composites or grabs, the samples must be representative and the decision to allow the alternative sampling must be documented. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7=96) ~~ - § 52.070 TIMING. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. passed 6-22-94) ~~ § 52.071 RECORD KEEPING. Users subject to reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city_or-where the user has been specifically notified of a longer retention period by the PO`TW Director. (Ord. passed 6-22-94) § 52.072 ELECTRONIC REPORTING Ordinance 0-2008-} 1 Page 40 of 50 Exhibit "A" The POTW director may develop procedures for receipt of e requirements of this Chapter. Such procedures shall comply procedures shall be enforceable under § 52.120. § 52.073 INDUSTRIAL SLUDGE DISPOSAL. (A) Users operating a pretreatment facility which disch~ and generates a sludge which contains hazardous toxicants or this chapter shall maintain records of: (1) The quantity and composition of sludge; (2) The scavenger or hauler; and (3) The ultimate disposal location. (B) Such records shall be maintained as monitoring available to city for inspection upon request. (Ord. passed 6-22-94) § 52.074 NOTIFICATION OF THE DISCHARGE OF '~'-" The City of Monroe prohibits the discharge of any hazal and approval of the POTW Director. COMPLIANCE MONITORI § 52.080 MONITORING FACILITIES. (A) The city requires the user to provide and operate at the facilities to allow inspection, sampling, and flow measurement c internal drainage systems. The monitoring facility should norm< premises, but the city may, when such a location would be imprs on the user, allow the facility to be constructed in the public stre so that it will not be obstructed by landscaping or parked vehicle (B) There shall be ample room in or near such sampling rr accurate sampling and preparation of samples for analysis. The measuring equipment shall be maintained at all times in a safe a the expense of the user. ~nic reports for any reporting 40 CFR Part 3. These s effluent to the city's POTW er contaminants regulated by to § 52.071 and shall be WASTE wastes without prior notification ser's own expense, monitoring the building sewer and/or ly be situated on the user's tical or cause undue hardship or sidewalk area and located sole or facility to allow ;ility, sampling, and proper operating condition at Ordinance 0-2008-11 Page 41 of 50 Ex{:ibit "A" (C) Whether constructed on public or private property, facilities shall be provided,in accordance with the city's requi construction standards and specifications. Construction shall - following written notification by the city. (Ord. passed 6-22-94) § 52.081 INSPECTION AND SAMPLING. The city will inspect the facilities of any user to ascertain wr is being met and all requirements are being complied with. Per; where wastewater is created or discharged shall allow the city, their representative ready access at all reasonable times to all pa purposes of inspection, sampling, records examination and cop} of their duties. The city, approval authority and EPA shall have property such devices as are necessary to conduct sampling, ins: and/or metering operations. Where a user has security measure; proper identification and clearance before entry into their premi necessary arrangements with their security guards so that upon ~ identification, personnel from the city, approval authority and E without delay, for the purposes of performing their specific rest POTW Director's, approval authorities, or EPA's access to the u of this chapter. Unreasonable delays may constitute denial of ac (Ord. passed 6-22-94) § 52.082 SEARCH WARRANTS. sampling and monitoring cents and all applicable local completed within 90 days ether the purpose of this chapter ons or occupants of premises pproval authority and EPA or -ts of the premises for the ing or in the performance of any the right to set up on the user's section, compliance monitoring in force which would require .es, the user shall make presentation of suitable ?A will be permitted to enter, ~nsibilities. Denial of the per's premises shall be a violation ;ess. If the POTW Director, approval authority, or EPA. has been r structure, or property, or any part thereof, and is able to demonsl that there may be a violation of this chapter, or-that there is a neE part of a routine inspection and sampling program of the city de: this chapter or any permit or order issued hereunder, or to protec and welfare of the community, then the POTW Director, approv issuance of a search warrant from the District Court of the State (Ord. passed 6-22-94) CONFIDENTIAL INFORMAT fused access to a building, ate probable cause to believe i to inspect and/or sample as gned to verify compliance with the overall public health, safety 1 authority, or EPA may seek ~f North Carolina. 'ION Ordinance 0-2008-11 Page 42 of 50 Exhibit "A" § 52.090 SPECIFYING OF REQUEST. Information and data on a-user obtained from reports, ques permits and monitoring programs and from inspections shall l governmental agencies without restrictions unless the user spf demonstrate to the satisfaction of the POTW Director that the divulge information, processes or methods of production entit the user. Any such request must be asserted at the time of sub. (Ord. passed 6-22-94) § 52.091 USE BY GOVERNMENTAL AGENCIES. When requested by the person furnishing a report, the porti~ disclose trade secrets or secret processes shall not be made ava but shall be made available upon written request to governmen chapter, the National Pollutant Discharge Elimination System permit and/or the pretreatment programs; provided, however tl be available for use by the State or any state agency in judicial proceedings involving the person furnishing the report. Waste characteristics will not be recognized as confidential informati (Ord. passed 6-22-94) § 52.092 USE BY APPROVAL AUTHORITY. All records relating to compliance with Pretreatment S officials of the approval authority and EPA upon request. (Ord. passed 6-22-94) AFFIRMATIVE DEFENSE TO DISCHARGE NONCOMPL § 52.110 UPSET. ~nnaires, permit applications, available to the public or other fically requests and is able to lease of such information would 1 to protection as trade secrets of ssion of the information or data. of a report which might ale for inspection by the public, agencies for uses related to this 'DES) Permit, Non-discharge such portions of a report shall view or enforcement constituents and shall be made available to S IANCE (A) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of di ~~ ision (B), below are met. Ordinance 0-2008-11 Page 43 of 50 Exhibit "A" (B) A user who wishes to establish the affirmative defense properly signed, contemporaneous operating logs, or other rel (1) An upset occurred and the user can identify the (2) The facility was at the time being operated in a pr and in compliance with applicable operation and maintenance of the upset. upset shall demonstrate, through ant evidence that: and workman-like manner duress and. (3) The user has submitted the following information tb the POTW Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):. (a) A description of the indirect discharge and cause of noncompliance. ~` (b) The period of noncompliance, including exact dues and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or_ planned to reduce, the noncompliance. (C) In any enforcement proceeding, the user seeking to shall have the burden of proof. (D) Users will have the opportunity for a judicial de in an enforcement action brought for noncompliance with and prevent recurrence of the occurrence of an upset iniation on any claim of upset only gorical pretreatment standards. (E) Users shall control production of all discharges to the compliance with categorical pretreatment standards upon reduc treatment facility until the facility is restored or an alternative r This requirement applies in the situation where, among other tr of the treatment facility is reduced, lost, or fails. (Ord. passed 6-22-94) § 52.111 PROHIBITED DISCHARGE STANDARDS DE It necessary to maintain loss, or failure of its d of treatment is provided. the primary source of power (A) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 52.020 (A) or the specific prohibitions in § 52.020 (B)(2), (3), (5)-(7), and (9)-(23) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the user was in compliance with each- limit directly prior to, and during, the pass through or interference; or Ordinance 0-2008-11 ,Page 44 of 50 Exhibit "A" (2) No local limit exists, but the discharge did not ch. constituents from the user's prior discharge when the city was NPNES permit, and in the case of interference, was in compli - disposal requirements. (Ord. passed 6-22-94) § 52.112 BYPASS. (A) A user may allow any bypass to occur which does not requirements to be violated, but only if it also is for essential operation. These bypasses are not subject to the provision of section. (B) (1) If a user knows in advance of the need for a byp' the POTW Director, at least 10 days before the date of the bypa~ (2) A user shall submit oral notice to the POTW Dir that exceeds applicable pretreatment standards within 24 hours i of the bypass. A written submission shall also be provided with becomes aware of the bypass. The written submission shall con and its cause; the duration of the bypass, including exact dates a not been corrected, the anticipated time it is expected to continu ~~ reduce, eliminate, and prevent reoccurrence of the bypass. The written report on a case-by-case basis if the oral report has been ge substantially in nature or ;gularly in compliance with its ice with applicable sludge use or pretreatment standards or ;nance to assure efficient ins (B) and (C) of this it shall submit prior notice to if possible. ctor of an unanticipated bypass om the time it becomes aware i five days of this time the user rin a description of the bypass d times, and, if the bypass has and steps taken or planned to OTW Director may waive the eceived within 24 hours. (C) (1) Bypass is prohibited, and the POTW Director may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, damage; (b) There were no feasible alternatives to the bypass !"~ treatment facilities, retention of untreated wastes, or maintenanc Y equipment downtime. This condition is not satisfied if adequate been installed in the exercise of reasonable engineering judgme~ occurred during normal periods of equipment downtime or prev (c) The user submitted notices as required under di (2) The POTW Director may approve an anticipated adverse effects, if the POTW Director determines that it will division (C) (1) of this section. (Ord. passed 6-22-94) injury, or severe property such as the use of auxiliary during normal periods of pack-up equipment should have to prevent a bypass which ntive maintenance; and (B) of this section. ss, after considering its the three conditions listed in Ordinance 0-2008-11 Page 45 of 50 Exhibit "A" ENFORCEMENT t ' § 52.120 ADMINISTRATIVE REMEDIES. (A) Notification of Noncompliance. Whenever the POTV~ user has been in noncompliance or is noncompliant with this cr prohibition, limitation or requirements contained therein or any the POTW Director may serve upon such a person a written nog noncompliance. Within 30 days from the date of this notice, an noncompliance and a plan for the satisfactory correction thereo the user. Submission of this plan does not relieve the discharge occurring before or after receipt of the notice of noncompliance (B) Consent Orders. The POTW Director is hereby emI orders, assurances of voluntary compliance, or other similar d. agreement with the person responsible for the noncompliance. action to be taken by the discharger to correct the noncomplia~ specified by the order. Consent orders shall have the same for order issued pursuant to § 52.120(D). (C) Show Cause Hearing. Director finds that any industrial ~pter, wastewater permit, or any other pretreatment requirement ice stating the nature of the explanation for the 'shall be submitted to the city by - of liability for any violations vered to enter into consent unents establishing an uch orders will include specific within a time period also and effect as an administrative (1) The POTW Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this chapter or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement ac~ion should not be taken. In the event the POTW Director 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 10 days before the hearing. Service may be made on any agent or officer of a corporation. (2) The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. (3) A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 52.999 nor is any action or inaction taken bey the POTW Director under this section subject to an administrative appeal under § 52.051(I). (D) Administrative Orders.. When the POTW Director fin violated or continues to violate this chapter, permits or orders i. pretreatment requirement the POTW Director may issue an ord violations and direct those persons in noncompliance to do any (1) Immediately comply with all requirements; (2) Comply in accordance with a compliance time that an industrial user has led hereunder, or any other to cease and desist all such 'the following: set forth in the order; Ordinance 0-2008-11 Page 46 of 50 l ' (~ Exhibit "A" (3) Take appropriate remedial or preventive action in threatened violation; (4) Disconnect unless adequate treatment facilities, are installed and properly operated within a specified time (E) Emergency Suspensions. (1) The POTW Director may suspend the wastewater wastewater permit when such suspension is necessary in order discharge which presents or may present an imminent or subst~ or welfare of persons or the environment, interferes with the P violate any condition of its NPDES or Non-discharge permit. (2) Any user notified of a suspension of the wastewate wastewater permit shall immediately stop or eliminate the cont~ within 15 days of the notice of suspension to determine whethe. the user's waste discharge permit terminated. In the event of a the suspension order, the POTW Director shall take such steps immediate severance of the sewer connection, to prevent or min system or endangerment to any individuals. The POTW Direct permit and the waste water treatment service upon proof of the discharge. The industrial user shall submit a detailed written st the harmful contribution and the measures taken to prevent any Director prior to the date of the above-described hearing. (F) Termination Of Permit Or Permission To Discharge (1) The POTW Director may revoke a wastewater disc discharge for good cause, including, but not limited to, the folly (a) Failure to accurately report the wastewater cons discharge; (b) Failure to report significant changes in operatio characteristics; (c) Refusal of reasonable access to the user's premi or monitoring; or, (d) Violation of conditions of the permit or permis this ordinance, or any applicable State and Federal regulations. (2) Noncompliant industrial users will be notified of wastewater permit and will be offered an opportunity to show proposed action should not be taken. (Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96) Ordinance 0-2008-11 Page 47 of 50 event of a continuing or s or other related appurtenances atment service and/or stop an actual or threatened ial endangerment to the health 'W or causes the POTW to treatment service and/or the bution. A hearing will be held the suspension may be lifted or iilure to comply voluntarily with s deemed necessary including irnize damage to the POTW ~r shall reinstate the wastewater elimination of the noncompliant tement describing the causes of irture occurrence to the POTW permit or permission to reasons: tuents and characteristics of his or wastewater constituents and s for the purpose of inspection to discharge, conditions of proposed termination of their zse under § 52.120(C) why the Exhibit "A" § 52.121 OTHER AVAILABLE REMEDIES. ~' (A) Remedies, in addition to those previously mentioned in this chapter, are available to the POTW Director who may use any single one or combination a~ainst a noncompliant user. (B) Additional available remedies include, but are not limited to: (1) Criminal Violations. The District Attorney for the Union County Judicial District may, at the request of the city prosecute noncompliant users who violate the provisions of N.C.G.S. 143-215.6B. (2) Injunctive Relief. Whenever an industrial user is in violation of the provisions of this chapter or an order or permit issued hereunder, the POTW Director, through the City Attorney, may petition the Superior Court of Justice for the issuance of a restraining order or a preliminary - or permanent injunction which restrains or compels the activities in question. (3) Water Supply Severance. Whenever an industrial provisions of this chapter or an order or permit issued hereund user may be severed and service will only recommence, at the satisfactorily demonstrated ability to comply. A violation and non-payment of any applicable fees required herein. (4) Public Nuisances. Any violation of the prohibition chapter or of a permit or order issued hereunder, is hereby decla be corrected or abated as directed by the POTW Director. Any ~ nuisance shall be subject to the provisions of the chapter of the nuisances, including reimbursing the POTW for any costs incur remedying said nuisance. (Ord. passed 6-22-94; Am. Ord. 0-2001-05, passed 1-16-01) § 52.122 REMEDIES NONEXCLUSIVE. (~ The remedies provided for in this chapter are not exclusive. ~ any, all, or any combination of these actions against anon-comf pretreatment violations will generally be in accordance with the plan. However, the POTW Director may take other action again circumstances warrant. Further, the POTW Director is empower enforcement action against any- noncompliant user. >er is in violation of the water service to the industrial ser's expense, after it has this paragraph shall include or effluent limitations of this ed a public nuisance and shall person(s) creating a public ity code governing such ~d in removing, abating or ie POTW Director may take iant user. Enforcement of ity's enforcement response t any user when the d to take more than one (Ord. passed 6-22-94°) § 52.123 ANNUAL PUBLICATION. Ordinance 0-2008-11 Page 48 of 50 Exhibit "A" At least annually, the POTW Director shall publish inane provides meaningful public notice within the jurisdiction(s) se of those industrial users which were found to be in significant reportable noncompliance in 15A NCAC 2H .0903(b) (10), w standards and requirements, during the previous 12 months. (Ord. passed 6-22-94) § 52.124 SEVERABILITY . If any provision, paragraph, word, section or article of this court of competent jurisdiction, the remaining provisions, par. -"` chapters shall not be affected and shall continue in full force § 52.125 CONFLICT C, All other ordinances and parts of other ordinances inconsistent this ordinance are hereby repealed to the extent of such inconsi § 52.999 PENALTY. per of general circulation that by the City of Monroe, a list ompliance, also referred to as applicable pretreatment .finance is invalidated by any ~phs, words, sections, and effect. conflicting with any part of ncv or conflict. (A) Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, may be fined up to $25,000.00 per day per violation. (B) Penalties between $ 10,000.00 and $ 25,000.00 per against a violator only i£ (1) For any class of violation, only if a civil penalty violator with in the five years preceding the violation, or per violation may be assessed been imposed against the (2) In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this chapter, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the v~~iolator within the five years preceding the violation. (C) In determining the amount of the civil penalty, the following: (1) The degree and extent of the harm to the natural public or private property resulting from the violation; Director shall consider the to the public health, or to Ordinance 0-2008-11 Page 49 of 50 Exhibit "A" (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or i tentionally; (7) The prior record of the violator in complying or fai ing to comply with the pretreatment program; (8) The costs of enforcement to the city. (C) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 52.051(I). (Ord. passed 6-22-94; Am. Ord. 0-2001-05, passed 1-16-01) Ordinance 0-2008-11' Page 50 of 50 I~ .March 6, 2008 Exhi- b---lt "B" . GOULSTON TECHNOLOGIfS,_lNC. ... ... . .............. . THE LEADER IN FIBER LUBRICANT TECHNOLOGY Mr. Donald L. Kelly, PE Mr. H. Wayne Herron, AICP City of Monroe Post Office Box 69 Monroe, North Carolina 28111-0069 Subject: Proposed expansion of Goulston Technologies Monr City of Monroe Code Chapter 159 (Storm Water Ma Dear Mr. Kelly and Mr. Herron: Goulston Technologies, Inc. (Goulston) currently operates a textile facility on ]ohnson Street in Monroe, on a site bisected by Bearskin . Chemical to the north, CSX-Railroad to the south and east, and ]oh desires to expand its existing physical plant; however hardships rep to this property, specifically, size and proximity to the Bearskin Cre request for a variance from the subject ordinance. We respectfully materials included to this package and add this request to approve Code 159-307, to the agenda of the City Council's Environmental G ~~ March 18, 2008. facility: F~equest for Variance brieants manufacturing and RI3eD 'reek and bounded by Euclid .on Street to the west. Goulston Ifing from site conditions peculiar c floodplain, necessitate this :quest that you review the variance, in accordance with City nmittee at their meeting of Attached for your review and consideration is a planning study for tKp project prepared by our engineering consultant, ESP Associates, P.A. Included you will find a~ site plan depicting locations for the proposed building and paved areas, spill containment areas and ~roposed storm water management measures. Additional narrative and calculations for the storm water management measures are provided. ~ Bearskin Creek is a FEMA regulated floodplain, and Chapter 156 of tNe Monroe City Code regulates development inside its floodplain boundaries. FlII placement in the floodplain, permissible under the ordinance, is proposed for a portion of the building expansion and fo~ new truck unloading and circulation areas. In accordance with 156-173.E, the building expansion proposed finished floor elevation of 574.92 is well above the established BFE of 571.6. No new construction Is proposed within the floodway. ~ Chapter 159 of the Monroe Clty Code establishes a number of requirements for control of storm water discharges from new land development projects. For proposed new pavement areas, Goulston proposes to provide sand filters for water quality in accordance with ~59-303.A-C, and E. However, due to the size and location of the site, significant hardships would be imposed upon Goulston from strict application of this section as it applies to new rooftop area. The proposed plant expansion includes new paved areas and a portion of the building in the floodplain, closer than 35 feet landward of Bearskin Creek, requiring a variance from Ordinance sections 159-302.A and 159-302.6. Volume and peak flow .controls are not proposed due both to.the proximity to the floodplain and the scarcity of land available for these controls. This requires a variance t}rom 159-308. Storm water discharges from this site flow directly to the floodplain, mitigating upstream and downstream impacts by releasing the peak flow well in advance of the overall stream hydro~graph peak. .700 N. Johnson St., Monroe, NC 28110, USA Phone 704.289.6464 Fax ~ 04.296.6400 hit ://www o PO $ox 5025, Monroe, NC 28 1 1 1-5025, USA , City of Monroe Page 2 March 6, 2008 (~ Because Gqulston is a-chemical manufacturing facility, extensive spill control measures must be incorporated into the site. These measures, which will include valve systems and possibly sumps, provide additional safeguards upstream of the BMP facilities and fu~~rther attenuate Flows from the site. Goulston appreciates your time and attention to this request: It is our desire to construct a facility consistent with the spirit of the Storm Water Management Ordinan e, while continuing our long-term commitment as a corporate citizen and contributor to the economic vitality of the City of Monroe. We hope to hear from you soon confirming placement of this matter o~ the Environmental Committee agenda on March 18. Very truly yours, GOULSTON TECHNOLOGIES, INC. ' ~~ Gordon Magee ' Chief Operating Officer wa27 variance letter 04mar07.doc /9 p _ Enclosures: Site sketch plan Storm water management narrative and calculation 700 N. Johnson St., Monroe, NC 2811.0, USA Phone 704.289-:6464 Fax PO Box 5025, Monroe, NC 28111-5025, USA «:. ,s 7: )4.296.6400 http://wwwgoulston.com -, - ~ ~' ', ~ - ~. i '~~. ~ ~ - -t . _.._ .~_ _ _ _~_ ~_ -} - Exhibit "C" 10. Controlling erosion and sedimentation conjunction with the Erosion and Sedimer ,159-105 APPLICABILITY AND JURISDICTION (A) General Beginning with and subsequent to its effective dal applicable to all development and redevelopment, site plan applications, subdivision applications, a~ exempt pursuant to Subsection (B) of this Section (B) Exemptions (1) Threshold Residential development that cumulatively distur part of a larger common plan of development or ; development that cumulatively disturbs less than larger common plan of development or sale is'ex Ordinance. m construction activities in on Control Ordinance te, this Ordinance shall be including, but not limited to, id grading applications, unless Exemptions. , less than one acre and is not e, and non-residential e-half acre and is not part of a apt from the provisions of this Redevelopment outside the floodplain that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance Redevelopment of residential structures that result in no net increase in built- - upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this Ordinance whether or not within the floodplain. Redevelopment ofnon-residential structures that disturbs less than one-half acre, that is not part of a larger common plan of development or sale, that is within the floodplain, and that results in no net increase in built-upon area and provides equal or greater stormwater control than the previo~-s development is exempt from the provisions of this Ordinance. Development and-redevelopment that disturb less than a stated area threshold are not exempt if such activities are ;part of a larger common plan of development or sale that exceeds the area threshold; even though multiple, separate or distinct activities take place at different times on different schedules. (2) General exemption Activities that are exempt from permit requirement of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions o,f this Ordinance.. (C) .~ No Development or Redevelopment Until Compliance and Permit No development or redevelopment shall .occur except in compliance with the provisions of this Ordinance or unless exempted. No development for which a Cxhabtt 'l)" Exhibit "D" 159-306 DEDICATION OF BMPS, FACILITIES & IM The City of Monroe may accept dedication of any exi ~'~ management facility for maintenance, provided such 1 this Ordinance and includes adequate and perpetual ac easement or otherwise, for inspection and regular mai dedication shall be based on formal action of the Mon discretion. 159-307 VARIANCES ii'~ g or future stormwater ~i~lity meets all the requirements of ess and sufficient area, by enance. Decision to accept ~e, City Council at their sole (A) Any person may petition the City of Monroe for a variance granting permission to use the person's land in a manner otherwise prohibited by this Ordinance. To qualify for a variance, the petitioner must show all of the following: (1) Unnecessary hardships would result from (2) The hardships result from conditions that are the location, size, or topography of the property. (3) The hardships did not result from actions iet application of this Ordinance. iar to the property, such as by the petitioner. (4) The requested variance is consistent with the spirit, purpose, acid intent of this Ordinance; will secure public safety and welfare; and'will preserve substantial justice. i (B) The City of Monroe may impose reasonable and appropriate conditions and safeguards upon any variance it grants. (C) Statutory exceptions Notwithstanding subdivision (A) of this section, exceptions from the 35-foot landward location of built-upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the followwing instances: (1) When there is a lack of practical alternatives foi` a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs. (2) When there is a lack of practical alternatives for a ~stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or'gas construction and maintenance°corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters acid as long as it is located; designed, constructed, and maintained to minimize distw~bance,<provide maximum nutrientremoval, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and. protect water quality to the maximum extent practicable through the use`of BMPs.: Exhibit "E" q '1 u 1 _ ~ --- I _ _ .-. _---~..~~ J---- ~0~3LLS-QI~_STREET---+--~---- j° ~~ ------ - -r i-i-I'-- -aae v' 1x B~)16p W~ a Iz. 1 I -- ~-- w ~1 i 1 ;~ 1'! 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A perennial or intermittent surface water shall be deemed present if the feature is shown on either the most recent version of the soillsurvey map prepared by the Natural Resources Conservation Service of the United States Department. of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepare by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of ] SA NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology. •_~ (B) No new impervious or partially pervious surface in floodplain For development activities, no new impervious or partially pervious surfaces, except for road crossings (public and private), paths, and water dependent structures, where no practical alternative exists shah be allowed within the floodplain. (C) Development in Critical Area of Water Supply Watersheds ~~ All development activities that are located within the area designated by the .. Environmental Management Commission as a Critical Area of a Water Supply Watershed shall be limited to a maximum impervious surface density of 36 percent. 159-303 STRUCTURAL STORMWATER CONTROL R~QUIltEMENTS Owners of property subject to this Ordinance and required to install structural stormwater control measures shall implement those measures in compliaa~ce with each of the following standards: (A) The measures shall control and treat runoff fr~ '-- Runoff volume drawdown time for wet detent minimum of 48 hours, but not more than 120 m the first inch of rain. ~n ponds shall be a lours. 20