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HomeMy WebLinkAboutAgenda - 11-04-2010 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 2010 Action Agenda Item No. ~' Q SUBJECT: Amendments to the Efland Sewer Resolution DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No ATTACHMENT(S): 1. Amended Efland Sewer Resolution 2. Town of Hillsborough's Sewer Use Ordinance INFORMATION CONTACT: Craig Benedict, Planning Director, 245-2592 Kevin Lindley, Staff Engineer, 245-2583 PURPOSE: To consider several amendments to the Efland Sewer Resolution. BACKGROUND: The original Efland Sewer Resolution (Resolution) was approved by the BOCC in 1985 and has served well with minimal changes over the last 25 years. However, there are some operational and procedural issues that have come to light over the last several months which staff believes can be best addressed by amendments to the Resolution. The Resolution with the proposed amendments in "track changes" format is included as Attachment 1. The following is a step-by-step guide to the proposed amendments. Section II.(B.) and II.(C.) -Sewer Use Ordinance: In recent years, the North Carolina Department of Environment and Natural Resources (DENR) has instituted a requirement that all sewer collection systems must receive a permit. One of the requirements of the system permit is implementation of a Sewer Use Ordinance, which must include a Fats, Oils and Grease (FOG) control program and policy. The deposition of FOG into the sewer collection system is one of the main causes of sewer overflows. Even when the FOG does not cause overflows, there is a considerable amount of money and maintenance time spent cleaning the FOG out of the system's collection lines and pump stations. Currently, the wastewater flow from Efland is treated by the Town of Hillsborough's wastewater treatment plant. Before a new customer is connected to the system, the current Efland Sewer Resolution states that the wastewater must be acceptable to the Town, according to the limits set forth in the Town's Sewer Use Ordinance. However, there is no mention of ongoing monitoring or wastewater parameters once the connection has been made. Staff proposes incorporating the Town of Hillsborough's Sewer Use Ordinance by reference into the existing Efland Sewer Resolution. The Town's Sewer Use Ordinance (Attachment 2) includes its FOG policy. The FOG policy mainly addresses non-residential customers. It requires the installation of grease traps for customers who are expected to have FOG in their wastewater, such as 2 restaurants, garages, school cafeterias, and car washes. The FOG policy also contains specifications for sizing these traps and specifies the minimum intervals for inspection and cleaning. The other component of the policy is public education, which has already been implemented in the form of flyers sent out with every customer mailing which explain the negative effects of FOG on the sewer system. By incorporating the Town's policy into the County's Resolution, the County will have the authority to enforce the requirements of the Town's Sewer Use Ordinance. The Town cannot enforce its requirements on the Efland sewer users and the County does not have any defined standard for wastewater or FOG prevention in the existing Efland Sewer Resolution. Section V.IA.) -Deposit: Before the rate increases of the last two years, the deposit amount of $30 in the existing ordinance was roughly equivalent to two months of sewer service at the minimum bill amount of $15.20. The rate structure before July 2008 was set up such that every customer paid $15.20 per month for usage up to 3,000 gallons and paid $4.50 for every additional 1,000 gallons per month. The amendment proposed would set the deposit amount equal to the current charge for two sewer bills of 3,000 gallons each. With the increased rates over the last two years, the $30 deposit amount is no longer adequate to protect the County in the case of a customer default. The proposed amendment provides far a deposit amount consistent with the intent of the existing amount. Also, because the deposit is tied to the existing rate structure, as the rates change the deposit amount will also change without further amendment to the Efland Sewer Resolution. This amendment would only affect customer accounts created after the amendment is approved. Existing customers will not be required to pay a larger deposit. Section VI.(A.) -Minimum charge: The Efland Sewer rate structure changed in July 2008. Before then, there was a minimum charge for every customer who used 3,000 gallons or less. If a customer used 3,000 gallons or more, the minimum charge was billed plus a flat fee for each additional 1,000 gallons used per month. Under the current rate structure, the minimum charge is no longer related to usage. The proposed amendment makes the Resolution more current with modern practices by eliminating references to a minimum usage of 3,000 gallons. Section VI.(B.) -Sewer Customers with Wells: The current Resolution specifies that sewer customers with wells will be the charged the "minimum charge" unless usage exceeds 3,000 gallons per month. As stated for several of the amendments above, the change in rate structure and subsequent elimination of the minimum charge for up to 3,000 gallons makes the wording in this section obsolete. This amendment would mean that customers with wells would be charged the same amount as a customer who uses 5,000 gallons per month, which is roughly the average residential consumption rate. If usage is predicted, expected or determined to exceed 5,000 gallons per month, the existing ordinance reserves the right of the County to require a well meter be installed so the customer can be biNed accurately. The suggested amendment specifies that the customer is to pay for the meter and installation. This is standard practice for most water utilities and is usually charged as a flat meter fee for a customer establishing a new water service. In this case, if the County arranged to install the meter, the actual cost for the meter and installation would be passed on to the customer. From that point on, the meter would be read each month to determine the sewer bill for that customer. 3 Section VIII (G) and VIII (H) -User Responsibility: This amendment is meant to address a gap of responsibility that exists in the existing Resolution. The existing amendment clearly states that the County is responsible for maintaining any of the sewer collection system within County easements or in public rights-of-way, but the customer is responsible for the portion of the system which runs across their private property. When there is a problem with the pipe that connects the customer's house/business to the main sewer line, the responsibility to fix this rests with the customer. County staff believes there needs to be a way for the County to maintain the integrity of the system in a timely manner rather than wait for the customer to address an issue. Most customers resolve problems quickly, especially if it impairs the function of their bathrooms. However, for some issues, like a broken cleanout pipe in their yard, the plumbing will continue to work fine for a while and the issue is not urgent enough for them to fix it. Broken cleanouts can allow thousands of gallons of stormwater into the sewer line during a rainstorm, so they represent a major source of inflow into the sewer collection system. Because the County pays to treat every gallon of water that flows to the Town of Hillsborough, a broken cleanout can be very costly to the system. This amendment would allow the County to be proactive in correcting these types of problems, even though the financial responsibility will still rest with the customer. Section XII.(G.) -Filling Swimming Pools: Due to the increasing cost of sewer service, several customers have requested that water they use to fill their swimming pools in the summer be excluded from their sewer bill. A customer's sewer bill is based on the reading on their water meter, so if the water used to fill the swimming pool was not excluded, their sewer bill would include a significant amount of water that did not enter the sewer system. Staff believes a specific policy in place to address this would eliminate the need fora "judgment call" each time the request is made. This policy would be forwarded to Orange-Alamance Water System, the County's collection and billing agent, for display in the System office and would be something to which the System could refer when customers have questions about filling their pools. Section XII.(H.) -Leak Adjustment Policy: From time to time, a customer will develop a leak in their plumbing that results in a tremendous amount of water flowing past their meter unused. This results in an extremely large water and sewer bill. The current resolution has no leak forgiveness policy of any kind. Currently, if a customer wants an adjustment to their bill due to a leak, they have to request an adjustment directly from the BOCC. The proposed Leak Forgiveness Policy, modeled after the existing Orange-Alamance Water System policy, would be a standing policy that would allow leak adjustment to be handled at the staff level using a defined set of rules approved by the BOCC. The policy would be added to the Efland Sewer Resolution as "Attachment B" and is included in Attachment 1of this abstract. It should be noted that in an effort to ensure that Efland sewer customers were aware of the proposed amendments, staff briefly addressed them during a meeting with representatives of Justice United several weeks ago. Staff also provided draft copies of this abstract and the attachments to Justice United representatives via email in mid- October and offered to meet to discuss the proposed amendments. The Justice United representatives did not follow-up to request a meeting. FINANCIAL IMPACT: Implementation of the Leak Forgiveness Policy and the Swimming Pool Policy will result in a slight loss of revenue to the Efland Sewer Fund. Implementation of the 4 amendments allowing the County to repair broken customer laterals and cleanouts and back charge those customers should result in lowered treatment costs for the Efland system. The other amendments should have little financial impact on the County or the Efland Sewer Fund. RECOMMENDATION(S): The Manager recommends the Board approve the amendments to the Efland Sewer Resolution. ~£S-aoio-~85 Adopted November 19, 1985 Amended March 1, 1988 Amended November 15, 1988 Amended October 19, 1999 NORTH CAROLINA ORANGE COUNTY RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF A SEWER COLLECTION TREATMENT SYSTEM TO SERVE THE EFLAND AREA OF ORANGE COUNTY Be it resolved by the Board of Commissioners of Orange County that the following rules and regulations (hereinafter called the Rules) shall govern the operation of the Orange County Sewer Collection and Treatment System serving the Efland area of Orange County (hereinafter called the System). I. CLASSIFICATION OF SERVICE (Reserved. There are presently no separate classifications of sewer service.) II. WASTEWATER TREATMENT LIMITATIONS Orange County_has contracted with the Town_of Hillsborough which contract _ provides that the Town will treat wastewater generated by the System subject to the following conditions contained in the agreement between the County and Town: Attachment 1 Formatted: No undedine '-' Formatted: Indent: Left: 0.5", Hanging: 0.38" Deleted: . Formatted: Indent: Left: 0.5", Hanging: 0.25" No customer shall be allowed to connect to the County system unless and until such customer's proposed discharge has been found acceptable by both the Town and County. Approval shall be predicated on (1) the quality of the effluent of the potential user being compatible with the Town's NPDES discharge permit, (2) compliance with the Town's ordinance, rules and regulations concerning pretreatment of industrial wastewater, and (3) all County (subdivision, zoning, erosion, building, etc.) and State (DOT, etc.) permits having been properly granted. Under no circumstances will the County permit the discharge of septic sewage in its system. B. Once connected to the sewer system all customer discharge into the system shall •--- '-'- Formatted: Numbered + Level: 1 + comely with the Town of Hillsborough's Sewer Use Ordinance (SUO which is Numbering style: A, s, c, ... + start hereby incorporated by reference into this Resolution. Orange County shall have the at: 2 + Alignment: Left + Aligned at: o.s" + Tab after: 0.75" + Indent at: ability to enforce the discharge rules given in the Town's SUO to the full extent o.~s" allowed by law, includin;; disconnection from the sewer system and refiisal of further sewer service. C. FAT, OIL AND GREASE (FOG)• FOG in the collection system causes many problems The Town's SUO contains specific lanQuaee re~ardin>}FOG control measures for non-residential customers. As such the Town's FOG policies and r_ewlatlons are also incorporated by reference into this Resolution and are enforceable by the County to the full extent allowed b law III. RATE SCHEDULE AND AVAILABILITY FEES A. Rate Schedule -Based upon monthly water consumption: See Attachment A. 6 B. Availability Fees: Each person, firm, or corporation connecting to the system (hereinafter user or users) shall pay a $600.00 per residential equivalent availability fee to the County and an availability fee to the Town of Hillsborough as established and revised from time to time by the Town of Hillsborough. The origina1212 potential Efland Area Sewer System customers who have provided Orange County with an application for sewer service to the Efland Sewer System-and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt from Orange County availability fees, provided they connect to the sewer system and become sewer customers of the sewer system with respect to the property covered by the Sewer Easement and Agreement signed by them within 30 days of notification that connection can be made. Availability Fees shall be paid by the user with a completed and signed Efland Sewer System Sewer Easement and Agreement. C. Acreage Fee: Each person, firm, or corporation connecting to the system (hereafter user or users) shall pay a $1,000.00 per acre capital replacement fee. 'The origina1212 potential Efland Area Sewer System customers who have provided Orange County with an application for sewer service to the Efland Sewer System and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt from Orange County acreage fees, provided they connect to the sewer system and become sewer customers of the sewer system with respect to the property covered by the Sewer Easement and Agreement signed by them within 30 days of notification that connection can be made. Acreage Fees shall be paid by the user with a completed and signed Efland Sewer System Sewer Easement and Agreement. D. Stub-out Service Line Fee. Each person, firm, or corporation connecting to the system (hereafter user or users) shall pay astub-out service line fee in an amount equal to the administrative and construction cost to Orange County of installing a service line. This fee shall be based on the out-of-pocket cost to Orange County for installing the service line plus an allocated cost equal to the administration cost to Orange County of having the installation accomplished. The original 212 potential Efland Area Sewer System customers who have provided Orange County with an application for sewer service to the Efland Sewer System and who have provided Orange County with a signed and acknowledged Efland Sewer System Sewer Easement and Agreement but have not been connected to the system because their property affected by the Sewer Easement and Agreement is not yet served by the sewer system are, with respect to the property affected by the Agreement, exempt from Orange County stub-out Service Line fees, provided they connect to the sewer system and become sewer customers of the sewer system with respect to the property covered by the Sewer Easement and Agreement signed by them within 30 days of notification that connection can be made. Astub-out Service Line Fee shall be due from, owed and paid by the user within fi$een (15) days of mailing to the user of an Orange County invoice for the fee. IV. APPLICATION FOR SERVICE Persons seeking service may make application in person at the office of the Orange County Planning Department. The application requirements are as follows: 1. A deposit as provided in Article V of these rules must accompany the application and be paid at the Orange County Planning Department or such other place as is designated by Orange County from time to time. A Sewer Use and Easement and Agreement must be on file, signed by the property owner(s)/users. 2. The conditions set forth in Article IX of these rules must be satisfied in the case of an application for service to undeveloped land. 3. Any former user may again become a user by fulfilling the application requirements set forth in this article and by paying any applicable availability or other fees. In addition, any such former user applying again to be a user must pay any outstanding account plus interest thereon at the legal rate as it is established in North Carolina General Statutes Section 24-I, its successor, and as the same is amended from time to time, compounded annually. Any person who has actually used and benefited from sewer service which has been supplied to premises owned or directly occupied or used by that person, for which service there is an outstanding indebtedness remaining due the County, may become a user by completing the application requirements in this article, by paying any availability fee or other applicable fee and by paying the outstanding indebtedness for the service which was supplied to the premises owned or directly occupied or used by such person. V. DEPOSIT A. A minimum cash deposit is required of all users. It shall be equal to the equivalent sewer bill for two months at 3000 eallons per mont _ The deposit shall be_paid _____ __..---- ~~~~~> either in full at the time an application for service is made or in a maximum of three equal consecutive monthly installments, the first of which must be paid when an application for service is made. Deposits will not draw interest. B. A separate deposit will be required for each connection. C. Each deposit may be redeemed by the user upon disconnection from the system and upon payment in full of all charges for service. VI. INITIAL OR MINIMUM CHARGE A. There will be a separate account established for each sewer connection to the system. Each such account will be in the name of the user. The ~1'lonthly_charge as __ .._--- Deleted: mvumum account. _ provided in the rate schedule (see Attachment A) will be~ssessed for eac _..-- Deleted: mace _ _ B. In those cases where the connection is to property which receives its water by well, _ ~' Deleted: account for any monthly the ~nonthly_ charge will_ be that established in the rate schedule for a usage of 5000 usage up to the minimum 3,000 gallons alp Ions der month, unless water consumption exceeds is amount. The County ______ --------------- ------------ - _ '-~ Deleted: min;mnm reserves the right to meter the well of any user to determine that user's water usage_ ~~ Deleted• the minimnm eontainea in the ~ T e cost of the meter and the cost to connect the meter to the user s system wlll be _ ~ rate schedule paid for by the user Once the meter is installed the customer's monthly bill will be __ -~ Deleted: . determined based on the usage shown by the meter. C. In those cases where the connection is to property which is in a residential development which has received substantial funding from Orange County as an affordable housing project consistent with the Orange County Long Term Affordability Policy, there will be a monthly charge established in the rate schedule for a fund for the perpetual inspection and maintenance of any pump station serving the development. VII. COUNTY'S RESPONSIBILITY AND LIABILITY A. The County will run a service line from its collection line to the property line, except as provided in Article IX, relating to extensions of the system. B. All plumbing installed by the user for connection to the system will be installed according to the North Carolina State Plumbing Code and will be permitted, inspected and approved by Orange County. C. The County is not liable for damage of any kind resulting from sewage or its collection from the user's premises, unless such damage results directly from negligence on the part of the County. The County is not responsible for any damage done or resulting from any defect or operation failure in the plumbing installed by the user, or in any fixtures or appliances on the user's premises. The County is not responsible for negligence of third persons in the installation or operation of the System. The County is not responsible for damage caused by forces beyond its control or for the interruption of service caused by forces beyond its control. D. Except in the case of an emergency, the user will be notified in advance of any anticipated interruption of service. In the case of an emergency the user will be notified as soon thereafter as possible of the interruption of service. VIII. USER'S RESPONSIBIIITY A. The user is responsible for payment of all monthly service charges incurred in connection with sewer service. The owner of the premises to which services are delivered is responsible for all charges as provided for in the Sewer Easement and Agreement. If a delinquent user is not the owner of the premises to which services are delivered, the payment of the delinquent account will not be required before providing services to the premises at the request of a new and different tenant or occupant of the premises except as provided in Article N.3. of the Rules. B. The user is responsible for installing all plumbing and apparatus necessary to connect to the County's service line and for connecting all plumbing and apparatus to the County's service line. Provided, however, no such connection shall be made without a permit to do so issued by the County and upon such terms and conditions as the permit prescribes. C. All plumbing and apparatus installed by the user will be installed and maintained at the user's expense in accordance with the County's rules and regulations and any other State or local requirements. D. The user will exercise reasonable care and will be responsible for the exercise of reasonable care by anyone on the user's premises with the user's permission over any portion of the County system located on the user's premises. Authorized County representatives will be permitted by the user to access the user's property in order to inspect, as needed, portions of the County's system located on the premises of the user. 8 9 E. The user will be responsible for the cost of necessary repairs or replacement of lost or damaged property of the County which is part of the System or used in the operation and maintenance of the System which repair or replacement is caused by or results from the negligence or wrongful act of the user, the user's agents or employees. Likewise any damage or injury to persons or property which occurs on the premises of the user and which is caused by or results from the negligence or wrongful act of the user will be the sole responsibility of the user. F. The amount of any such loss or damage or the cost of repairs or replacements will be, when applicable, added as a charge to the user's account which charge will be added in full to the user's next statement unless other arrangements are made which are satisfactory to the County. G Should the user'splumbing_servicelina or other apparatus belon<rin~ to the user be ~~-'--'- Formatted: Bullets and Numbering damaged in such a way as to allow groundwater stormwater, or surface water to_ enter into the County's collection svstem, the user will be responsible for any repairs necessary to keep the.groundwater stormwater or surface water out of_the County's collection system Upon notification from the County that such a condition exists the user will have 45 days to make the repair. A County official will need to verify_by inspection that the repair has been made. Should the user not make the required repair within the time allowed the County will repair the user's svstem and add the cost of the repair to the user's next statement. as outlined in Section VIII (F.). H Should the user's plumbing service line or other apparatus belonein~ to the user be dama€?ed in such a way as to allow wastewater from the user's residence or business to be deposited outside the collection svstem e e a leak onto the around the user will be responsible for any repairs necessary to make the system whole. LTnon notification from the County that such a condition exists the user will have 45 days to make the r~air A County official will need to verify by inspection that the re air has been made Should the user not make the required repair.. within the time allowed the County will repair the user's system and add the cost of the repair to the user's next statement as outlined in Section VIII (F). lX. EXTENSIONS OF THE SYSTEM System extensions to serve undeveloped land may occur, but only as follows: A. All such extensions must be consistent with the overall System plan as adopted from time to time by Orange County. All such extensions must be approved by the County Engineer. B. Extension of the System to new developments can only be approved by the County Engineer if all zoning, subdivision, land use plan and comprehensive plan regulations of Orange County or the Town of Hillsborough, if applicable, are met. With respect to subdivisions, the subdivision preliminary plat must be approved by the County or the Town, if applicable, which preliminary plat shall include approved preliminary plans for the System extension. Planned development plans which include System extensions must include approved preliminary plans for the System extension. C. All System extensions must be consistent with Goal 9.3 of the Orange County Land Use Plan which goal "prohibit[s] the establishment of public water and sewer services in the areas designated water quality critical areas, except to address emergency situations" and with any Water and Sewer Policy of the County adopted as part of its Comprehensive Plan. D. All System extensions shall be installed according to and in compliance with approved plans. E. Construction of System extensions will be inspected by Orange County at intervals determined by the County. The person seeking System extension agrees to permit access to the System and the System extension for inspection purposes. User connections to the System will only be permitted after the extension of the System is finally approved in writing by Orange County. F. Upon the completion of the System extension the owner/developer will convey by deed or other appropriate instrument all portions of the System extension, including but not necessarily limited to right-of--way easements, collection lines, service lines, stub-outs, permits, pump stations and equipment, plumbing facilities and hardware. All System extensions will be at no cost to Orange County. G. Except as provided in Section VI.C. of these Rules, all System extensions requiring one or more pump stations will require the system extension applicant to pay for an inspection and maintenance fund for the perpetual inspection and maintenance of the pump stations required for the System extension. The amount to be paid and the terms of payment shall be established by Orange County and incorporated into the Sewer Extension Agreement/Contract between the System extension applicant and Orange County. X. ACCESS TO PREMISES OF A USER A. It will be necessary for the safe and efficient operation of the System for duly authorized agents of the County to have access at reasonable times to the premises of the user for the purpose of installing, removing, inspecting and otherwise maintaining portions of the System and for the purpose of reading and testing meters and for any other purpose in connection with the installation, operation and maintenance of the System. Each user and property owner upon whose property any portion of the system or connections to it is located recognizes this need and by making application for sewer services grants authority to authorized agents of the County for this purpose. B. The Sewer Easement and Agreement includes a grant to the County of an easement for the purposes described in that agreement. Each user and owner by making application for sewer services acknowledges the easement and the rights described in that easement. XL CHANGE OF OCCUPANCY The owner of premises which is served by the System is ultimately responsible for notifying the County or its duly authorized agent of any change in the occupancy of his/her premises. Any change in the use of the premises which is connected to the System will be communicated to the County and the Town of Hillsborough for prior approval as described in Article II of these rules and regulations. XII. METER READING -BILLING -COLLECTING A. Orange County and, if applicable, its billing and collecting agent's records will be the basis for all charges for service. All users are encouraged to maintain receipts and other payment information and to bring any discrepancies in the user's records and the County's records to the attention of the billing and collecting agent of the 10 11 County immediately so that corrections, if any, can be made. The specific procedures to be followed in the event a user believes there has been a billing error are described in Article XIII. B. Meters will be read and bills rendered in accordance with the policies established by the County and any agency with which the County may contract. The County reserves the right to vary the dates or length of time covered by any statement, temporarily or permanently, if necessary for the efficient operation of the System. C. Statements for sewer service will be computed on the basis of the published rate schedule then in effect. D. Charges for sewer service commence when connection to the System is complete as prescribed and described in the Sewer Easement and Agreement. E. Each sewer connection will be separately metered and will be maintained as a separate account. F. Monthly statements will be mailed on or about the date the user's water meter is read, if there is a meter, or the same date each month as determined by the County's billing and collecting agent where there is no water meter. Payment is due when the statement for sewer service is received and delinquent 20 days after the water meter reading date. If payment is not made within 20 days after the water meter reading date, sewer and water service will be discontinued. Statements will be sent to the address of the user as it appears on the application for service made by the user. It is the user's responsibility to immediately notify Orange County and its billing and collection agent of any change in this address. The user's failure to receive any statement or notice when it is addressed to the user at the address .contained in the application or a new address provided to the County and its billing and collection agent shall not be a basis for forgiving discontinuation of service. G Filling Swimming Pools or Fountains• User's filling swimming pools or fountains ~-"--- Formatted: Bullets and Numbering with metered water from their plumbing system may reauest to have the volume of water used to fill theirpool or fountain excluded from their sewer bill. The reauest needs to be made and approved before the pool or fountain is filled, otherwise it will not be oranted If the reauest is approved the volume of water used to fill the pool or fountain must be measured by taking before and after readings on the user's water meter OR by measuring the size of the pool or fountain and the depth of water added The request must be made to the County's billing and collection agent and approved bathe County. H Leak Adjustment Policy' The County has a Leak Adjustment Policy. Please see the entire policy in Attachment B of this resolution. XII. DISCONTINUATION OF SERVICE A. When service is discontinued, the deposit made by the user will be applied toward settlement of any unpaid account. Any balance will be refunded to the user. If the deposit is not sufficient to cover the outstanding account balance, the County and its billing and collection agent may proceed to collect the balance in the manner provided in the Sewer Easement and Agreement or in any other manner provided by law for the collection of a debt. B. The County, in addition to prosecution as provided by law, may discontinue and permanently refuse service to any user or property owner who tampers with a meter or sewer connection which sewer connection has been approved by the County. Any sewer connection not approved by the County may be disconnected by the 7 County and service refused to those participating in the unauthorized connection or its use. XIII. COMPLAINTS -ADJUSTMENTS A. If a user believes any statement of charges to be in error, the user may present a claim in person to the billing and collection agent of the County before the statement becomes delinquent. Any such claim made after the statement has become delinquent will not be effective in preventing discontinuation of service as provided in these rules and regulations. The user may pay such statement under protest and the payment will not prejudice the claim in case an error is found. Adjustment will thereafter be made for any such error. B. Request for special meter readings or tests will be governed by the rules and regulations established for that purpose by Orange County and its agents. XN. RETURN CHECK FEE Each check for payment is accepted subject to collection. The normal policies of the County's billing and collection agent regarding returned checks shall be followed. All fees collected, provided they do not exceed those permitted by law, shall be the property of the County's billing and collection agent. XV. ABRIDGEMENT OR MODIFICATION OF RULES A. No promise, agreement or representation of any employee of Orange County will be binding upon the County unless it is agreed upon in writing, signed and accepted by the duly authorized officers of the County which authorization must be accomplished by resolution of the Board of County Commissioners. B. No modification of rates or any of these rules and regulations may be made by any agent of the County. Any modification of rates and these rules and regulations will be accomplished by resolution of the Board of Commissioners of Orange County. XVI. ADOPTION OF RULES Until further resolution of the Orange County Board of Commissioners, the rules and regulations set our above are adopted as of the date below and become effective on and after November 19, 1985. Upon motion made by Commissioner Moses Carey, seconded by Commissioner Shirley Marshall the foregoing resolution was adopted by the Orange County Board of Commissioners this the 19`~ day of November, 1985. Amended by resolution of the Orange County Board of Commissioners on the 15S day of March, 1988. Amended by resolution of the Orange County Board of Commissioners on the 15~` day of November, 1988. Amended by resolution of the Orange County Board of Commissioners on the 19~' day of October, 1999. 12 13 Amended by resolution of the Orange County Board of Commissioners on the 2nd day of June, 2009. ------- Formatted: Indent: Left: 0.5" 14 ATTACHMENT A Amended 6/02/09 NOTE: This rate schedule is subject to change based on up-to-date projections of the actual cost of operations and capital needs. Date of Im lementation July 2009 July 2010 Julv 2011 Julv 2012 and Rate be and Base Charge - $7.25 $10.16 $14.12 $19.62 Every customer pays this regardless of usage (minimum char e Charge per 1000 $6.30 $8.82 $12.26 $17.04 gallons (or any ortion thereof) -----~ Formatted: Centered 10 attachment B 1 5 Added 11!04/2010 Leak Adjustment Poiicv --- Formatted: underline 1 In the event of a leak which causes the customer's sewer bill to be lareer than normal, a • - ---- Fomfatted: Indent: Left: 0^, customer is allowed a 50% leak adjustment on one of their se~~~er bills per year. If the +aNgo~na Z .5^, Tabs: o.s^, List tab customer can show that the leaked water did not enter the sewer system, for instance if the leak was caused by a burst pipe under the house the customer will be elitrible to have Formatted: Bullets and Numbering that month's sewer bill adjusted to the average amount of their past twelve months of usa:;e This adjustment is allowed only once per year For example if a customer had a leak on 6/'2109 and had another leak on Si10/10 an adjustment would not be allowed. The next adjustment would not be allowed until 6/23! 10. ------- Formatted: No bullets or 2 To qualify for the adjustment the customer must provide to both the County and its _ numbering billing and collection agent a co~y of the elumber's bill or receipts for parts purchased to ~ Formatted: Indent: Left: 0^, Hanging: 0.5", Tabs: 0.5", List tab repair the leak or a letter from the person who repaired the leak explaining what he/she ~, + Not at z^ rewired and the date of the repair. ~ Formatted: Bullets and Numbering -' Formatted: No bullets or 3 The adjustment for the leak is not allowed until the usage has decreased to the normal numbering usage as determined by the County and its billine and collection agent. `' Formatted: Indent: Left: o^, Hanging: 0.5", Tabs: 0.5", List tab + Not at 2" I Formatted: Bullets and Numbering 11 NORTH CAROLINA ORANGE COUNTY ADDENDUM TO MARCH 24, 1988 SEWER BILLING AND COLLECTING AGREEMENT THIS ADDENDUM to the March 24, 1988 Sewer Billing and Collecting Agreement between ORANGE COUNTY, NORTH CAROLINA, hereinafter referred to as County, and ORANGE- ALAMANCE WATER SYSTEM, INC., hereinafter referred to as Contractor, entered into this 15`h day of November, 1988: WITNESSETH: Paragraph 6 of the March 24~` Agreement is deleted in its entirety and replaced by the following: 6. The Contractor shall collect a deposit for each account established for the System. Accounts shall be established by the Contractor upon receipt of a copy of an approved application for service from the County and the receipt of the required deposit from the customer. The amount of the deposit shall be equal to twice the minimum charge for sewer service according to the rate schedule in effect at the time application for service is made. The deposit shall be paid either in full at the time an application for service is made or in a maximum of three equal consecutive monthly installments, the first of which must be paid when an application for service is made. The deposit shall be kept by the Contractor for the County and applied toward settlement of the account upon disconnection from the System. Any balance of the deposit after settlement of the account shall be refunded to the customer by the Contractor. WITNESS our hands and seals on the date first above written. ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr., Chair Orange County Boazd of Commissioners ATTEST: (OFFICIAL SEAL) Beverly Blythe Clerk to the Boazd of Commissioners of Orange County ORANGE-ALAMANCE WATER SYSTEM, INC. By: Turner Forrest President of the Board of Directors 12 16 Attachment 2 TOWN OF HILLSBOROUGH MUNICIPAL CODE CHAPTER 15 ARTICLE 11. GENERAL SEWER USE REQUIREMENTS Sec. 15-9. -Prohibited discharge standards. (a) (b) General prohibitions. No user shall contribute or cause to be contributed into the POTW, directly or indirectly, any pollutant or wastewater which causes interference or pass through. These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national, state, or local pretreatment standards or requirements. Speck prohibitions. No user shall contribute or cause to be contributed into the POTW the following pollutants, substances, or wastewater. (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case, solids greater than one-half inch in any dimension. (3) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (4) Any wastewater having a pH less than 5.0 or more than 9.0 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment. (5) Any wastewater containing pollutants, incuding oxygen-demanding pollutants, (BOD, etc.) in sufficient quantity, (flow or concentration) either singly or by interaction with other pollutants, to cause interference with the POTW. (6) Any wastewater having a temperature greater than 150 degrees Fahrenheit (60 degrees Celsius), 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 into the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and/or safety problems. ($) Any trucked or hauled pollutants, except at discharge points designated by the POTW director in accordance with section 15-17 of this chapter. (9) Any noxious or malodorous liquids, gases, or solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (10) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scum, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the Act; the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used. (11) Any wastewater which imparts color which cannot be removed by the treatment process, including, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts sufficient color to the treatment plant's effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses. (12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the POTW director in compliance with applicable State or Federal regulations. (13) Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurtace drainage, swimming pool drainage, condensate, deionized water, noncontact wolfing water and unpolluted industrial wastewater, unless specifically authorized by the POTW director. 17 18 (c) (14) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l. (15) Any sludge, screanings or other residues from the pretreatment or industrial wastes. (16) Any medical wastes, except as specifically authorized by the POTW director in a wastewater discharge permit. (17) Any material containing ammonia, ammonia salts, 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 261 if not disposed of in a sewer except as may be specifically authorized 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 028.0200. (20) (21) (22) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test. Recognizable portions of human or animal anatomy. Any wastes containing detergents, surface active agents 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 five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited wastes. 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 users pretreatment facility before connecting with the system. (d) POTW director responsibilities regarding contributing users. When the POTW director determines that a user is contributing to the POTW, any of the enumerated substances in this section, in such amounts which may cause or contribute to interference of POTW operation or pass through, the POTW director shall: (1) Advise the user of the potential impact of the contribution on the POTW in accordance with article VIII, section 15-75; and (2) Take appropriate actions in accordance with article IV for such user to protect the POTW from interference or pass through. (Prior Code § 15-9) Sec. 15-10. -National categorical pretreatment standards. Users subject to categorical pretreatment standards are required to comply with applicable standards as set out in 40 CFR 1, subchapter N, 405-471 and incorporated herein. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the POTW director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). (2) 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). (3) A user may obtain a variance from a categorical pretreatment standard if the usercan prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (4) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 402.15. (Prior Code § 75-10) 19 Sec. 15-11. -Local limits. (a) To implement the general and specific discharge prohibitions listed in this ordinance, industrial user-specific local limits will be developed ensuring that the POTWs maximum allowable headworks loading is not exceeded for particular pollutants of concern for each industrial user. Where specific local limits are not contained for a given [250] mglt BOD [250] mg/l TSS [40] mg/l TKN [0.003] mgll arsenic [0.003] mg/t cadmium [0.061 ] mg/l copper [0.041 ] mg/l cyanide [0.049] mg/t lead [0.0003] mg/l mercury [0.021 ] mg/t nickel [0.005] mg/l silver [0.05] mg/t total chromium [0.175] mg/l zinc [100] mg/1 oil and grease (b) parameter or pollutant in an industrial user permit, the following limits will apply to all users: Industrial waste survey information will be used to develop user-specific local limits when necessary to ensure that the POTW's maximum allowable headworks loading is not exceeded for particular pollutants of concem. User- specific local limits for appropriate pollutants of concem shall be included in wastewater permits. The POTW director may impose mass limits in addition to, or in place of, concentration-based limits. {Prior Code § 15.11; OM. of 5.12-T003) Sec. 15-12. -State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (Prior Code § 15.12) Sec. 15-13. -Right of revision. The town reserves the right to establish limitations and requirements which are more stringent than those required by either state or federal regulation if deemed necessary to comply with the objectives presented in section 15-1 or the general and specific prohibitions in section 15-g of this chapter, as is allowed by 40 CFR 403.4. (Prior Code § 15-13) Sec. 15-14. -Dilution. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, unless expressly authorized by an applicable pretreatment standard, or in any other pollutant-specific limitation developed by the town or State. (Prior Code § 15.14) Sec. 15-15. -Pretreatment of wastewater. (a) Facilities. Users shall provide wastewater treatment as necessary to comply with this chapter and wastewater permits issued under section 15-35 and shall achieve compliance with all national categorical pretreatment 20 standards, local limits, and the pretreatment standards, local limits, and the prohibitions set out in section 15-9 within the time limitations as specified by EPA, the state, or the POTW director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town 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 relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under the provisions of this ordinance. Any subsequent changes in the pretreatment facilities or method of operation in the pretreatment facilities shall be reported to and be approved by the POTV11 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 discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the users' wmpliance with the requirements of this chaplet. 12) The POTW director may require any person discharging into the POTW to install and maintain, on his property and at his expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. (3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the POTW director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be a type and capacity approved by the P07VN director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at his expense. (4) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Prior Code § 15-15) Sec. 15-16. -Accidental discharge/slug control plans. At least once every two years, the POTW director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The POTW director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the POTW director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges; (z) Description of stored chemicals; (3) Procedures for immediately notifying the POTW director of any accidental or slug discharge, as required by section 15-47; and (4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures inGude, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollufants, including solvents, and/or measures and equipment for emergency response. (Prior Code § 15-18) Sec. 15-17. -Hauled wastewater. The town will not accept hauled industrial waste or septage from septic tanks unless specific authorization is given in writing from the POTW director. (Prior Code § 15-1 n Sec. 15-18. -Fats, oil and grease policy. (a) Purpose. The intent of this policy is to provide guidelines and procedures to ensure compliance with Hillsborough's Sewer Use chapter. This policy is designed to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils, and greases discharged to the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities. 21 (b) (c) Policy. The Town of Hillsborough, like most water and sewer utilities, continues to experience sewer blockages caused by the accumulation of fats, oils, and grease on the surfaces of sewer lines. Greasy wastewater can be discharged to the sewer system from several sources, including food service operations. In order to reduce sewer blockages, customers in the Hillsborough service area that discharge wastewater that contains grease must install and properly operate and maintain a grease trap or interceptor. Grease, oil and sand interceptors shall be provided when, in the opinion of the Town of Hillsborough, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not normally be required for residential users. All interception units shall be of type and capacity which is certified by a qualified professional, such as an engineer, as meeting Hillsborough's requirements and shall be easily accessible for deaning, testing and inspection. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (~) Fats, oils, and greases refers to organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. Alt are sometimes referred to herein as the term "grease." (Z) (3) (4) (5) (6) (~) ($) (d) Food preparation or serving facility means any commerdal or industrial facility that prepares or serves food, induding but not limited to a restaurant, cef~, cafeteria, snack bar, grill, deli, catering service, bakery, grocery store, butcher shop, or similar establishment that discharges wastewater to the Hillsborough system. Cook establishments means those establishments primarily engaged in activities of preparing, serving, or otherwise making available food for censumption and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching and which discharge wastewater to the Hillsborough system. Also induded are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptade that requires washing. Grease trap or interceptormeans a device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the Hillsborough sanitary sewer collection and treatment system. These devices also serve to collect settable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps and interceptors are sometimes referred to herein by the term, "grease interceptors." Minimum design capability means the design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer. Noncooking establishments means those establishments primarily engaged in the preparation of precooked foodstuffs that do not indude any form of cooking. These include cold dairy and frozen foodstuffs preparation and serving establishments. User means any person, including those located outside the jurisdictional limits of Hillsborough, who contributes or causes or permits the contribution or discharge of wastewater into the Hillsborough sewer colledions system, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. Vehicle maintenance facility means any commercial or industrial facility where automobiles, trucks or equipment are serviced or maintained, induding garages, service stations, repair shops, oil and lubrication shops, or similar establishments. Applicability (1) The following types of facilities will be required to have grease interceptors: restaurants, schools, hospitals, service stations, carwashes, vehicle repair and lubrication facilities, nursing homes, and any other fadlity that handles grease and which discharges wastewater containing grease into the Hillsborough sewer collection system. All such establishments are required to have a properly sized and functioning grease interceptor which a qualified professional certified, to Hillsborough, is designed to meet Hillsborough's sewer use and grease control requirements. (2) All vehicle maintenance facilities are required to have a properly sized grease, oil and sand interceptor. 22 (e) (3) Design (1) Facilities other than those noted in subsections (d)(1) and (2) of this section may require the installation of a grease and oil interceptor. The Hillsborough town engineer of his designee shall determine the need and applicability of such device. Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. If the tank is located in an area subject to vehicular traffic, the tank shall be constructed for traffic rated locations and the manhole rings and risers shall be designed and constructed for H-201oading. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (2) All interceptors shall be located outside of the building in such a manner that personnel from Hillsborough can inspect the interceptors at any time. (3) (4) A site plan showing the location of the interceptor, lines and cleanout or manhole; Details of the interceptor, lines and cleanout or manhole; (~ Formula and calculations used to determine the interceptor capacity. (5) Every interceptor shall have sufficient capacity to pertorm the service for which it is provided. Interceptors shall be designed to provide for a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the plculated theoretical peak flow rate as predicted by the Uniform Plumbing Code fixture criteria, between the influent and effiuent baffles with 20 percent of the total volume of the grease interceptor being allowed for sludge to settle and accumulate. Four different design methods will be available for use based on the needs of the facility. Method 1 bases the size of the device upon the number of kitchen drainage fixtures; Method 2 (EPA-1) bases the size of the device upon the number of seats in a facility Method 3 (EPA-2) bases the size of the device upon the number of meals served each day; and Method 4 uses NCDEH standards. All four methods are on file in the engineer's office. (6) (~) (8) Hillsborough shall be notified of any changes of operation or process at the permitted establishment. The establishment may be required to upgrade its grease interceptor to meet current requirements and standards. The following documents shall be submitted to Hillsborough for review and approval prior to issuance of a permit for installation of an interceptor. Any changes to the approved plan shall be approved by Hillsborough, prior to implementation. All grease traps and interceptors must be designed using standard engineering principles for sedimentation and floatation in gravity separators. Baffles and good inlet design are required to deflect the flow across the surface areas of the units and sufficient grease and solids storage capacity is required. Grease traps and interceptors shall be rated for the designed flow-through rate of the unit in gallons/minute. Grease interceptors shall be installed by users as required by Hillsborough. Grease interceptors shall be installed at the user's expense. All grease interceptors shall be of a type, design, and capacity approved by Hillsborough and shall be readily and easily accessible for cleaning and inspection. All such grease interceptors shall be serviced and emptied of accumulated waste contents as required in order to maintain minimum design capabilities or effective volume of the grease interceptor, but not less frequently than once every 60 days. Grease interceptors shall be installed to handle only discharge from food preparation, handling and cleaning areas that generate grease components. Domestic waste is to go directly into the sanitary sewer without passing through the interceptor. Existing establishments. (1) Businesses and other locations subject to this chapter which were in operation before the effective date of the ordinance from which this subsection is derived (Existing establishments) and do not have grease interception systems are generally required to install such a system within one year of the effective date of this regulation. Such business may receive approval from the town engineer or his designee, to install a system under alternate standards taking into account the circumstances of the business's operation, production of waste grease, and the practicality of installation under normal requirements. (2) Existing businesses with an existing grease interception system that does not meet Hillsborough's standards may be required to upgrade the system or may be allowed to continue use of the present system subject to requirements such as a clean out frequency less than 60 days. 23 (g) (h) The town engineer or his designee, reserves the right to make determinations of grease interceptor adequacy and need, based on review of all relevant information regarding grease interceptor performance, facility site and building plan review, and to require repairs to, or modification or replacement of such traps. Enforcement. If an obstruction of a Hillsborough sewer main occurs that causes a sewer overflow and such overflow can be attributed in part or in whole to an accumulation of grease in Hillsborough's sewer main, Hillsborough will take appropriate enforcement actions, as stipulated in this chapter, against the generator or contributor of such grease. These actions may include fines, civil penalties or a discontinuance of sewer service. (Prior Code § 15-18; Ord. of 5-f2-2003) (3) Existing systems and alternate standard systems shall be capable of meeting the local limit for oil and grease. Servicing and records (1) Servicing and maintenance is essential for the efficient operation of grease traps and interceptors. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor. Servicing frequency is site-specific and is dependent on the amount of oil and grease and suspended solids generated at each operation and the size of the grease trap or interceptor. In no case shall the frequency of cleaning be less than once every 60 days, or as otherwise specified in Hillsborough's permit for the interceptor system. The volumes of greases and solids in grease traps and interceptors must not exceed the designed grease and solids storage capacity of the unit. (Z) (3) All grease interceptors shall be Leaned by a properly licensed cleaning and disposal operation. Wastes shall be disposed of in a proper and legal manner. Copies of pump tickets shall be sent to the town engineer's office to be kept on file. All users, including food preparation or serving facilities and vehiGe maintenance facilities shall maintain a written record of maintenance performed on the interceptor. Records shall be retained on file at the facility for a minimum of three years, for the immediately prior three-year period. All such records will be available for inspection by Hillsborough upon request. Variance/Appeal (1) Under certain circumstances, the interceptor size and location may need special exceptions to this policy. If an exception to this policy is requested, the user must demonstrate that the size and location will not cause the facility any problems in meeting the discharge requirements of Hillsborough. Each facility that qualifies for this variance will be reevaluated once every five years to ensure that the facility is still in compliance. IZ) I Secs. 15-19-15-23. -Reserved.