CHAPTER 15 Drainage, Sewerage, and Water ARTICLE I Sewage ...

CHAPTER 15

Drainage, Sewerage, and Water

ARTICLE ISewage Disposal and Industrial Wastewaters

§15-101 Sewer Usage§15-102 Industrial Pretreatment§15-103 Enforcement§15-104 Wastewater Treatment Rates§15-105 Savings Clause§15-106 Conflict§15-107 Effective Date

ARTICLE II Water Systems

§15-201 Definitions and General Responsibilities §15-202 Connections to Water Systems, Meter and Meter Boxes§15-203 Interfering with Waterworks System§15-204 Turning Water On - Turning Water Off§15-205 Water Supply and Emergency Powers§15-206 Construction of New Water Systems and Extensions of

Existing Systems§15-207 Responsibilities of County and Developer§15-208 Conveyance of Title§15-209 Option§15-210 Distribution System§15-211 Main Sizes, Valves, Distribution of Hydrants§15-212 Possession of Key to Fire Hydrant§15-213 Penalties and Liabilities§15-214 Regulation for Water Service§15-215 Grounds for Discontinuation of Service§15-216 Administration of Ordinance§15-217 Schedule of Rates, Fees and Penalties§15-218 Effect on Previous Ordinances or Agreements§15-219 Severability and Conflict§15-220 Effective Date

ARTICLE IIIShallow Irrigation Wells

Deleted 5/11/90. See new Article VI - Well Ordinance.

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ARTICLE IV Drainage, Sanitation and Water

§15-401 Control of Drains, etc.§15-402 Same; Powers of Commissioners§15-403 Same; Care of Drains, etc.§15-404 Same; Toll Roads§15-405 Same; Failure to Use Care§15-406 Same; Penalty§15-407 Same; When Drains May be Required§15-408 Same; Enforcement§15-409 Waterworks, Sanitation and Sewerage Systems§15-410 Same; Contracts to Furnish Utilities§15-411 Same; Rules and Regulations§15-412 Same; Tax Rate§15-413 Same; Use of Tax§15-414 Waterworks System Authorized; Acceptance of Franchises §15-415 Water Mains and Water Distribution Systems§15-416 Police Powers; Rules and Regulations§15-417 Water Closets and Privies Regulated§15-418 Open Pond Sewerage Systems§15-419 Permits for Diverting Drainage Canals

ARTICLE VDrainage Construction Cost Recovery

§15-501 Purpose§15-502 Definitions§15-503 Surcharge Fee§15-504 Payment of Surcharge Fee

ARTICLE VIWell Ordinance

§15-601 Constitutional and Statutory Authorization§15-602 Short Title and Jurisdiction§15-603 Legislative Intent§15-604 Definitions§15-605 State of Georgia License Requirements§15-606 County Business License Requirements§15-607 County Well Construction Permit Requirements§15-608 County Building, Electrical and Mechanical Permit

Requirements§15-609 Display of Permits and Licenses§15-610 Expiration and Renewal of County Licenses§15-611 Permit and License Fees§15-612 Variances and Appeals§15-613 Penalty for Violation of Ordinance

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§15-614 Standards for Wells and Boreholes§15-615 County Requirements for Water Wells and Boreholes§15-616 Requirements for Public or Community Water Supply Systems§15-617 County and State Requirements for Water Wells into the

Floridan Aquifer§15-618 County Requirements for Residential Irrigation Wells§15-619 Repeal of Previous Ordinances§15-620 Conflict with Other Laws§15-621 Abrogation and Greater Restrictions§15-622 Warning and Disclaimer of Liability§15-623 Severability

ARTICLE VIIAssessment Procedures for Extension of County Water and Sewer

§15-701 Purpose of Ordinance§15-702 Assessment Procedures

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ARTICLE I

Sewage Disposal and Industrial Wastewaters

An Ordinance Regulating the Use of Public and Private Sewers andDrains, Private Sewage Disposal, the Installation and Connection ofBuilding Sewers, and the Discharge of Waters and Wastes into theCounty Sewer System(s): and Providing Penalties for ViolationsThereof: in the County of Chatham, State of Georgia. ThisOrdinance combines and amends Chapter 15 Article I Sewage Disposaland Chapter 24 Article VI Industrial Wastewaters of the Code ofChatham County, Georgia.

§15-101 Sewer Usage

1. General Provisions

a. Purpose - Establish rules and regulations for the use ofPublic Sewers, private sewage disposal, Building Sewersand connections, and the disposal of Wastewater into theWastewater Systems of the County.

b. Administration - Except as otherwise provided herein, theAdministrator shall administer, implement, and enforcethe provisions of this ordinance. Any powers granted toor duties imposed upon the Administrator may be delegatedby the Administrator to other County personnel ormunicipality.

c. Abbreviations - The following abbreviations, when used inthis ordinance, shall have the designated meanings:

- BOD - Biochemical Oxygen Demand- CFR - Code of Federal Regulations- COD - Chemical Oxygen Demand- EPA - U. S. Environmental Protection Agency- FOG - Fats, oil, and grease- GPD - gallons per day- mg/L - milligrams per liter- NH3-N - Ammonia-Nitrogen- NPDES - National Pollutant Discharge Elimination System- POTW - Publicly Owned Treatment Works- RCRA - Resource Conservation and Recovery Act- SIC - Standard Industrial Classification- TSS - Total Suspended Solids- TTO - Total Toxic Organics- U.S.C.- United States Code

d. Definitions - Unless the context specifically indicatesotherwise, the following terms, as used in this

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Ordinance, shall have the meanings hereinafterdesignated:

i. “Act” or “the Act” means the Federal WaterPollution Control Act, Public Law 92-500, as now orhereafter amended, also know as the Clean WaterAct, 33 U.S.C. 1251 et. sec.

ii. “Administrator” means the Director of Public Worksof this County or his duly appointed deputy, agentor representative.

iii. “Authorized Representative of the User” means 1) aresponsible corporate officer, if the IndustrialUser is a corporation. For the purpose of thisdefinition, a responsible corporate officer meansa) a president, secretary, treasurer, or vice-president of the corporation in charge of aprincipal business function, or any other personwho performs similar policy- or decision-makingfunctions for the corporation, or b) the manager ofone or more manufacturing, production, or operationfacilities employing more than 250 persons orhaving gross annual sales or expenditures exceeding$25 million (in second-quarter 1980 dollars), ifauthority has been assigned or delegated to themanager in accordance with corporate procedures.2)By a general partner or proprietor if theIndustrial User is a partnership or soleproprietorship respectively. 3) By a dulyauthorized representative of the individual inparagraph (1) or (2) of this definition if:

(1) The authorization is made in writing by theindividual described in paragraph (1) or (2);

(2) The authorization specifies either anindividual or a position having responsibilityfor the overall operation of the facility fromwhich the Industrial Wastewater originates,such as the position of plant manager, or aposition of equivalent responsibility, orhaving overall responsibility forenvironmental matters for the company; and

(3) the written authorization is submitted to theControl Authority.

(4) If an authorization under paragraph (3) ofthis section is no longer accurate because adifferent individual or position has

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responsibility for the overall operation ofthe facility, or overall responsibility forenvironmental matters for the company, a newauthorization satisfying the requirements ofparagraph (3) of this section must besubmitted to the Control Authority prior to ortogether with any reports to be signed by anAuthorized Representative.

iv. “Biochemical Oxygen Demand” means the quantity ofoxygen utilized in the biochemical oxidation oforganic matter under standard laboratory proceduresin five (5) days at 20EC. Expressed in terms ofweight (pounds per day) and/or concentration(milligrams per liter).

v. “Building Drain” means that part of the lowestpiping of a drainage system which receives thedischarge from soil, waste pipe, and other drainagepipes inside the walls of the building and conveysit to the building (house) sewer, beginning ten(10) feet outside the building wall.

vi. “Building Sewer” means that part of the horizontalpiping of a drainage system, gravity line or forcemain, which extends from the end of the BuildingDrain and conveys it to a Public Sewer, privatesewer, individual sewage disposal system, or otherpoint of disposal even where the piping extendsbeyond that property owners property line.

vii. “Chemical Oxygen Demand” means the measure of theoxygen equivalent of the organic matter content ofa sample that is susceptible to oxidation by astrong oxidant under standard laboratoryprocedures.

viii. “Combined Sewer” means a sewer receiving bothsurface runoff and sewage.

xi. “Control Authority” means the “County,” or theAdministrator of the Pretreatment Program underprovisions of 40 CFR 403.12(a).

x. “Control Manhole” means a sanitary sewer access,located to allow for the proper sampling,monitoring, and observation of an industrialwastewater discharge.

xi. “Conventional Pollutant” means BOD, TSS, pH, fecalcoliform bacteria, Oil and Grease and such

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additional pollutants as are now or may be in thefuture specified and controlled in this County’sNPDES permit for its Wastewater Systems where saidsystems have been designed and used to reduce orremove such pollutants.

xii. “Cooling Water” means the water discharged from anyuse such as air conditioning, cooling orrefrigeration, during which the only Pollutantadded to the water is heat.

xiii. “Domestic Wastes” means liquid wastes (a) from thenon-commercial preparation, cooking, and handlingof food or (b) containing human excrement andsimilar matter from the sanitary conveniences ofdwellings, commercial buildings, industrialfacilities, and institutions.

xiv. “Environmental Protection Agency” means the U.S.Environmental Protection Agency or, whereappropriate, the Regional Water Management DivisionDirector, or other duly authorized official of saidagency.

xv. “Equalization” means a process whereby varying(non-uniform) Wastewater discharge flows arebalanced off into a uniform Wastewater dischargeflow.

xvi. “Existing Source” means any source of discharge,the construction of which commenced prior to thepublication by EPA of proposed National CategoricalPretreatment Standards, which will be applicable tosuch source if the standard is thereafterpromulgated in accordance with Section 307 of theAct.

xvii. “Fats, Oil, and Grease” means any materialrecovered as a substance soluble in a solvent usingan EPA approved method for analysis for oil andgrease from animal, vegetable, and hydrocarbons ofpetroleum origin.

xviii. “Garbage” means solid wastes from the domestic andcommercial preparation, cooking, and dispensing offood, and from the handling, storage, and sale offood.

xix. “Grab Sample” means a sample which is taken from awaste stream, without regard to the flow in the

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waste stream, and over a period of time not toexceed fifteen (15) minutes.

xx. “Industrial User” means any Person who discharges,causes or permits the discharge of IndustrialWastewater(s) into the County’s Wastewater Systemeither directly or indirectly through a wastewatersystem of others.

xxi. “Industrial Wastewater” means the liquid wastesresulting from the processes employed inindustrial, manufacturing, trade or businessestablishments, as distinct from Domestic Wastes.

xxii. “Interference” means a discharge which alone or inconjunction with a discharge or discharges fromother sources, both: (1) inhibits or disrupts thePOTW, its treatment processes or operations, or itssludge processes, use or disposal; and (2)therefore is a cause of a violation of anyrequirement of the POTW’s NPDES permit (includingan increase in the magnitude or duration of aviolation) or of the prevention of sewage sludgeuse or disposal in compliance with the followingstatutory provisions and regulations or permitsissued thereunder (or more stringent State or localregulations): Section 405 of the Clean Water Act,the Solid Waste Disposal Act (SWDA) (includingtitle II, more commonly referred to as the ResourceConservation and Recovery Act (RCRA), and includingState regulations contained in any State sludgemanagement plan prepared pursuant to subtitle D ofthe SWDA), the Clean Water Act, the ToxicSubstances Control Act, and the Marine Protection,Research and Sanctuaries Act.

xxiii. “Maximum Daily Limit” means the maximumconcentration of a Pollutant allowed to bedischarged at any time, determined from theanalysis of any grab or composite (as appropriate)sample collected, independent of the flow rate andthe duration of the sampling event.

xxiv. “Medical Waste” - means isolation wastes,infectious agents, human blood and blood products,pathological wastes, sharps, body parts,contaminated bedding, surgical wastes, potentiallycontaminated laboratory wastes, and dialysiswastes.

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xxv. “Monthly Average Limit” means the arithmeticaverage of all samples collected during a month ata specific sample point that are tested usingmethods listed in 40 CFR 136 or other EPA approvedmethods.

xxvi. “National Categorical Pretreatment Standard” or“Pretreatment Standard” means any regulationcontaining pollutant discharge limits promulgatedby the EPA in accordance with Section 307 (b) and(c) of the Act (33 U.S.C. 1317) which applies to aspecific category of Industrial Users.

xxvii. “National Pollutant Discharge Elimination System”(NPDES) means the program for issuing, conditioningand denying permits for the discharge of pollutantsfrom point sources into the navigable waters, thecontiguous zone and the oceans pursuant to Section402 of the Act.

xxviii. “National Prohibitive Discharge Standard” or“Prohibitive Discharge Standard” means anyregulation developed under the authority of Section307 (b) of the Act and 40 CFR 403.5.

xxix. “Natural Outlet” means any outlet into anyWatercourse, canal, pond, ditch, lake, or otherbody of surface or groundwater.

xxx. “New Source” means:

(1) any building, structure, facility orinstallation from which there is or may be adischarge of pollutants, the construction ofwhich commenced after the publication ofproposed Pretreatment Standards under section307(c) of the Act which will be applicable tosuch source if such standards are thereafterpromulgated in accordance with that section,provided that:

(a) The building structure, facility orinstallation is constructed at a site atwhich no other source is located; or

(b) The building, structure, facility orinstallation totally replaces the processor production equipment that causes thedischarge of pollutants at an existingsource; or

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(c) The production or wastewater generatingprocesses of the building, structure,facility or installation aresubstantially independent of an existingsource at the same site. In determiningwhether these are substantiallyindependent, factors such as the extendto which the new facility is integratedwith the existing plant, and the extentto which the new facility is engaged inthe same general type of activity as theexisting source should be considered.Construction on a site at which anexisting source is located results in amodification rather than a new source ifthe construction does not create a newbuilding, structure, facility orinstallation meeting the criteria ofparagraphs (a)(2), or (a)(3) of thissection but otherwise alters, replaces,or adds to existing process or productionequipment.

(2) Construction of a new source as defined underthis paragraph has commenced if the owner oroperator has:

(a) Begun, or caused to begin as part of acontinuous onsite construction program:

(i) Any placement, assembly, orinstallation of facilities orequipment; or

(ii) Significant site preparation workincluding clearing, excavation, orremoval of existing buildings,structures, or facilities which isnecessary for the placement,assembly, or installation of newsource facilities or equipment; or

(b) Entered into a binding contractualobligation for the purchase of facilitiesor equipment which are intended to beused in its operation within a reasonabletime. Options to purchase or contractswhich can be terminated or modifiedwithout substantial loss, and contractsfor feasibility, engineering, and design

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studies do not constitute a contractualobligation under this paragraph.

xxxi. “Non-Contact Cooling Water” means water used forcooling which does not come into direct contactwith any raw material, intermediate product, wasteproducts, or finished product.

xxxii. “Pass Through” means a discharge which exits thePOTW into waters of the United States in quantitiesor concentrations which, alone or in conjunctionwith a discharge or discharges from other sources,is a cause of a violation of any requirement of thePOTW’s NPDES permit (including an increase in themagnitude or duration of a violation).

xxxiii. “Person” or “Persons” means any individual, firm,company, partnership corporation, association,group, or society, and includes the State ofGeorgia, and agencies, districts, commissions andpolitical subdivisions created by or pursuant toState or Federal law.

xxxiv. “pH” means the logarithm of the reciprocal of theconcentration of hydrogen ions in grams per literof solution, expressed in a scale of 0 to 14 (7being neutral, less than 7 acidic, greater than 7alkaline).

xxxv. “Pollutant” means dredged spoil, solid waste,incinerator residue, filter backwash, sewage,Garbage, sewage sludge, munitions, Medical Wastes,chemical wastes, biological materials, radioactivematerials, heat, wrecked or discarded equipment,rock, sand, cellar dirt, municipal, agriculturaland industrial wastes, and certain characteristicsof Wastewater (e.g., pH, temperature, TSS,turbidity, color, BOD, COD, toxicity, or odor).

xxxvi. “Pretreatment” means the reduction of the amount ofpollutants, the elimination of pollutants, or thealteration of the nature of pollutant properties inwastewater prior to or in lieu of discharging orotherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained byphysical, chemical or biological processes, processchanges or by other means, except as prohibited by§403.6(d). Appropriate pretreatment technologyincludes control equipment, such as equalizationtanks or facilities, for protection against surgesor slug loadings that might interfere with or

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otherwise be incompatible with the POTW. However,where wastewater from a regulated process is mixedin an equalization facility with unregulatedwastewater or with wastewater from anotherregulated process, the effluent from theequalization facility must meet an adjustedpretreatment limit calculated in accordance with403.6(e).

xxxvii. “Pretreatment Requirements” means any substantiveor procedural requirement related to pretreatment,other than a National Pretreatment Standard imposedon an Industrial User.

xxxviii. “Private Sewage Disposal System” means anindividual septic system as approved by the Countyand the County Health Department.

xxxix. “Properly Shredded Garbage” means Garbage that hasbeen shredded to such a degree that all particleswill be carried freely under the flow conditionsnormally prevailing in Public Sewers, and with noparticle greater than one-half (½) inch in anydimension.

xl. “Public Sewer” means a common sewer directlycontrolled by public authority.

xli. “Publicly Owned Treatment Works” or “POTW” means atreatment works, as defined by Section 212 of theAct (33 U.S.C. 1292) which is owned by thegoverning authority. This definition includes anydevices or systems used in the storage, treatment,recycling, and reclamation of municipal sewage orindustrial wastes of a liquid nature. It alsoincludes sewers, pipes, and other conveyances onlyif they convey Wastewater to a POTW TreatmentPlant.

xlii. “POTW Treatment Plant” means that portion of thePOTW which is designed to provide treatment(including recycling and reclamation) of municipalsewage and industrial waste.

xliii. “Sanitary Sewage” means the solid and liquid wastesgenerated in the typical day-to-day domestichousehold.

xliv. “Sanitary Sewer” means a pipe which carries sewageand excludes storm, surface, and ground water.

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xlv. “Septage” means waste discharged from an individualseptic tank system (Private Sewage Disposal System)approved by the County and the County HealthDepartment.

xlvi. “Sewage” means any liquid waste containing animalor vegetable matter in suspension or solution, andmay include liquids containing chemicals insolution.

xlvii. “Sewers” means a pipe or conduit for carryingsewage.

xlviii. “Shall” is mandatory; “May” is permissive.

xlix. “Significant Industrial User” means:

(1) Except as provided in paragraph (b) of thissection, the term Significant Industrial Usersmeans:

(a) All Industrial Users subject to NationalCategorical Pretreatment Standards under40 CFR 403.6 and 40 CFR chapter I,subchapter N; and

(b) Any other Industrial User that: discharges anaverage of 25,000 GPD or more of Wastewater tothe POTW (excluding sanitary, non-contactcooling and boiler blowdown wastewater);contributes a process wastestream which makesup 5 percent or more of the average dryweather hydraulic or organic capacity of thePOTW treatment plant; or is designated as suchby the Control Authority on the basis that theIndustrial User has a reasonable potential foradversely affecting the POTW’s operation orfor violating any Pretreatment Standard orPretreatment Requirement (in accordance with40 CFR 403.8(f)(6)).

(2) Upon a finding that an Industrial User meetingthe criteria in paragraph (a)(ii) of thissection has no reasonable potential foradversely affecting the POTW’s operation orfor violating any Pretreatment Standard orPretreatment Requirement, the ControlAuthority may at any time, on its owninitiative or in response to a petitionreceived from an Industrial User or POTW, andin accordance with 40 CFR 403.8(f)(6),

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determine that such Industrial User is not aSignificant Industrial User.

l. “Significant Noncompliance” means an IndustrialUser’s violation(s) meets one or more of thefollowing:

(1) Chronic violations of wastewater dischargelimits, defined here as those in which sixty-six (66) percent or more of all of themeasurements taken during a six month periodexceed (by any magnitude) the daily maximumlimit or the average limit for the samePollutant parameter;

(2) Technical Review Criteria (TRC) violations,defined here as those in which thirty-three(33) percent or more of all of themeasurements for each Pollutant parametertaken during a six-month period equal orexceed the product of the daily maximum limitor the average limit multiplied by theapplicable TRC (TRC=1.4 for BOD, TSS, and FOG;1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment effluentlimit (daily maximum or longer term average)that the County determines has caused, aloneor in combination with other discharges,interference or pass through (includingendangering the health of POTW personnel orthe general public);

(4) Any discharge of a Pollutant that has causedimminent endangerment to human health,welfare, or to the environment or has resultedin the County’s exercise of its authorityunder §15-102(III) of this Ordinance to haltor prevent such a discharge;

(5) Failure to meet within 90 days after theschedule date, a compliance schedule milestonecontained in written notification for startingconstruction, completing construction orattaining final compliance;

(6) Failure to provide, within 30 days after thedue date, any required reports;

(7) Failure to accurately report noncompliance;

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(8) Any other violation or group of violationswhich the County determines will adverselyaffect the operation or implementation of theIndustrial Pretreatment Program.

li. “Slug Load” or “Slug” - means any discharge of anon-routine, episodic nature, including but notlimited to an accidental spill or a non-customarybatch discharge.

lii. “Storm Drain” means a sewer which carries storm andsurface waters and drainage, but excludes sewageand industrial wastes, other than unpollutedCooling Water.

liii. “Storm Water” means any flow occurring during orimmediately following any form of naturalprecipitation and resulting therefrom.

liv. “Total Suspended Solids” means the total suspendedmatter that floats on the surface of, or issuspended in, water, Wastewater, or other liquids,and which is removable by laboratory filtering.

lv. “Unpolluted Water” means water not containing anypollutants limited or prohibited by the effluentstandards in effect, or water whose discharge willnot cause any violation of receiving water qualitystandards.

lvi. “User Classification” means a classification ofusers based on the 1972 (or subsequent) edition ofthe Standard Industrial Classification (SIC) Manualprepared by the Office of Management and Budget.

lvii. “Wastewater” means the liquid and water-carriedindustrial or Domestic Wastes from dwellings,commercial buildings, industrial facilities, andinstitutions, together with any groundwater,surface water, and Storm Water that may be present,whether treated or untreated, which is dischargedinto or permitted to enter the County’s POTW.

lviii. “Wastewater Discharge Permit” means a permit todischarge Wastewater issued in compliance with theCounty’s and/or City of Savannah’s own NPDESpermits as authorized under 40 CFR 403.

lix. “Wastewater System” means any devices, facilities,structures, equipment or works owned or used by theCounty for the purpose of the transmission,

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storage, treatment recycling, and reclamation ofindustrial and domestic wastes, or necessary torecycle or reuse water at the most economical costover the estimated life of the system includingintercepting sewers, outfall sewers, sewagecollection systems, pumping, power, and otherequipment, and their appurtenances; extensions,improvements, remodeling, additions andalternations thereof; elements essential to providea reliable recycled supply such as standbytreatment units and clear well facilities; and anyworks, including site acquisition of the land thatwill be an integral part of the treatment processor is used for ultimate disposal of residuesresulting from such treatment.

lx. “Watercourse” means a channel in which a flow ofwater occurs, either continuously orintermittently.

Terms not otherwise defined herein shall be as adopted inthe latest edition of Standard Methods for theExamination of Water and Wastewater, published by theAmerican Public Health Association, the American WaterWorks Association and the Water Environment Federation.

2. Use of Public Sewers Required

a. It shall be unlawful for any Person to place, deposit, orpermit to be deposited in any unsanitary manner on publicor private property within the County, or in any areaunder the jurisdiction of the County, any human or animalexcrement, Garbage, or other objectionable waste.

b. It shall be unlawful to discharge to any Natural Outletwithin the County, or in any area under the jurisdictionof said County, any sewage or other polluted waters,except where suitable treatment has been provided inaccordance with the provisions of this ordinance.

c. Except as hereinafter provided, it shall be unlawful toconstruct or maintain any septic tank, Private SewageDisposal System, or other facility intended or used forthe disposal of sewage unless approved by the County andthe County Health Department.

d. The owner of all houses, buildings or properties used forhuman occupancy, employment, recreation, or otherpurposes, situated within the County and Abutting on anystreet, alley, or right-of-way in which there is nowlocated, or may in the future be located, a Public

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Sanitary Sewer of the County, shall be required at theowner’s expense to install in accordance with thePlumbing Code of the County, suitable toilet facilitiestherein, and to connect such facilities directly with theproper Public Sewer in accordance with the provisions ofthis ordinance, within ninety (90) days after officialnotice to do so, provided that said Public Sewer iswithin two hundred (200) feet of the dwelling, and theproperty can be served by gravity flow. The owner of allhouses, buildings or properties used for human occupancy,employment or other purpose in which a house, building orresidence is within two hundred (200) feet of a publicsewer after notification of requirement to connect topublic sewer shall be charged the sewer availability feeon a monthly basis consistent with the Revenue Ordinance.(Amended 14 March 2003)

e. All private properties having access to a County SanitarySewer shall be required to pay sewer service fees. Uponinstallation, acceptance or placement into operation ofa sanitary sewer line, the engineering Administratorshall provide the Finance and Administrative ServicesDepartment with a listing of private properties whichhave access to the line. The Finance and AdministrativeServices Department shall bill sewer service charges tothe properties as connections are made to the County lineor sixty (60) days after receiving the notification fromthe Engineering Administrator, whichever occurs first.

3. Private Sewage Disposal

a. Where a Public Sewer is not available under theprovisions of §15-101 (II)D, the Building Sewer shall beconnected to a Private Sewage Disposal System complyingwith the provisions of this section.

b. Before commencement of construction of a Private SewageDisposal System, the owner shall first obtain approvalfrom the Administrator and the County Health Department. Construction of private sewage disposal systems shall bein accordance with Rules and Regulations for IndividualSewage Disposal Systems, Georgia Department of HumanResources, as effective at time of application pursuantto this paragraph.

c. A permit for a Private Sewage Disposal System shall notbecome effective until the installation is completed tothe satisfaction of the Administrator and the CountyHealth Department. The County Health Department shall beallowed to inspect the work at any stage of constructionand the applicant for the permit shall notify the County

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Health Department when the work is ready for finalinspection, and before any underground portions arecovered. The inspection shall be made within five (5)working days of the receipt of notice by the CountyHealth Department.

d. The type, capacities, location, and layout of a PrivateSewage Disposal System shall comply with all regulationsof the County Health Department. No permit shall beissued for any Private Sewage Disposal System employingsubsurface soil absorption facilities where the lot sizeand soil conditions do not meet the requirements of theCounty Health Department. No such system shall bepermitted to discharge to any Natural Outlet.

e. At such time as a Public Sewer becomes available (within200 feet) to a dwelling served by a Private SewageDisposal System, as provided in §15-101(III)D, thedwelling owner, at his expense, shall have a directconnection made to the Public Sewer in compliance withthis ordinance within ninety (90) days of notice to theowner by the County of the availability of such service,and any private sewage disposal facilities shall beabandoned, cleaned of sludge, and filled with bank rungravel or soil.

f. The owner shall operate and maintain in good workingorder private sewage disposal facilities in a sanitarymanner at all times, at no expense to the County.

4. Building Sewers and Connections

a. No Person shall uncover, make any connections with oropening into, use, or alter, or disturb any Public Seweror appurtenance thereof without first obtaining a permitfrom the Administrator. Permits shall only be granted toPersons authorized by the Sate Plumbing Code and StateConstruction Licensing Board to do such work.

b. All costs and expenses incident to the installation andconnection of the Building Sewer shall be borne by theowner. The owner shall indemnify the County from anyloss or damage that may directly or indirectly beoccasioned by the installation of the Building Sewer.

c. A separate and independent Building Sewer shall beprovided for every building; except where one buildingstands at the rear of another on an interior lot, noprivate sewer is available or can be constructed to therear building through an adjoining alley, courtyard, ordriveway, and both buildings remain under one property

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owner, the Building Sewer from the front building may beextended to the rear building and the whole considered asone Building Sewer. Should the property owner everdecide to subdivide and sell a portion of the property,a separate Building Sewer shall be installed at noadditional cost to the County.

d. Old Building Sewers may be used in connection with newbuildings only when they are found, on examination andtest by the Administrator, to meet all requirements ofthis ordinance.

e. The size, slope, alignment, materials of construction ofa Building Sewer, and the methods to be used inexcavating, placing of the pipe, pointing, testing, andbackfilling the trench, shall all conform to therequirements of the State and plumbing code or otherapplicable rules and regulations of the County. In theabsence of code provisions or in amplification thereof,the materials and procedures set forth in latest approvedspecifications of the ASTM and W.E.F. Manual of PracticeNo. 9 shall apply. A copy of these specifications shallbe available in the Administrator's office.

f. In all buildings in which any Building Drain is too lowto permit gravity flow to the Public Sewer, SanitarySewage carried by such Building Drain shall be lifted byan approved means and discharged to the Building Sewer.

g. The connection of the Building Sewer into the PublicSewer shall conform to the requirements of the Stateplumbing code or other applicable rules and regulationsof the County, or the procedures set forth in appropriatespecifications of the ASTM and the W.E.F. Manual ofPractice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribedprocedures and materials must be approved by theAdministrator before installation.

h. The applicant for the Building Sewer permit shall notifythe Administrator when the Building Sewer is ready forinspection and connection to the Public Sewer. Theconnection shall be made under the supervision of theAdministrator.

i. All excavations for Building Sewer installation shall beadequately guarded with barricades and lights so as toprotect the public from hazard in accordance with theGeorgia Manual on Uniform Traffic Control Devices, and asprescribed by the County Traffic Engineer. No streets,sidewalks, parkways, and other public property shall be

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excavated or disturbed until a permit for this, asprescribed by the Chatham County Right-of-Way Ordinance,has been obtained. Restoration of public property shallbe in a manner acceptable to the County.

5. Use of the Public Sewers. A User may not introduce into aPOTW any pollutants(s) which cause Pass Through orInterference. These general prohibitions and the specificprohibitions in paragraph (B) of this section apply to eachUser introducing pollutants into a POTW whether or not theUser is subject to other National Pretreatment Standards orany national, State, or local Pretreatment Requirements. InAddition, the following pollutants shall not be introducedinto a Wastewater System:

a. Federal Prohibitions on Wastewater Discharges - Federalregulations prohibit the following materials from beingdischarged:

i. Pollutants which create a fire or explosion hazardin the POTW, including, but not limited to,wastestreams with a closed cup flashpoint of lessthan 140 degrees Fahrenheit or 60 degreesCentigrade using the test methods specified in 40CFR 261.21

ii. Pollutants which will cause corrosive structuraldamage to the Wastewater System, but in no casedischarges with pH lower than 5.5, unless the worksin specifically designed to accommodate suchdischarges.

iii. Solid or viscous pollutants in amounts which willcause obstruction to the flow in the WastewaterSystem resulting in Interference.

iv. Any Pollutant, including oxygen demandingpollutants (BOD, etc.) released in a discharge at aflow rate and/or pollutant concentration which willcause Interference with the Wastewater System.

v. Heat in amounts which will inhibit biologicalactivity in the POTW resulting in Interference, butin no case heat in such quantities that thetemperature at the POTW Treatment Plant exceeds 40EC(104EF) unless the Administrator, upon request ofthe POTW, approves alternate temperature limits.

vi. Petroleum oil, non-biodegradable cutting oil, orproducts of mineral oil origin in amounts that willcause interference or pass through.

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vii. Pollutants which result in the presence of toxicgases, vapors, or fumes within the WastewaterSystem in a quantity that may cause acute workerhealth and safety problems.

viii. Any trucked or hauled pollutants, except atdischarge points designated by the Administrator.

b. Local Prohibitions on Wastewater Discharges - Thefollowing materials are prohibited from discharge to theWastewater System:

i. Oils and Grease. Any water or waste containingfats, wax, grease, or oils, whether emulsified ornot, in excess of one hundred (100) mg/l orcontaining substances which may solidify or becomeviscous at temperatures between thirty-two (32) andone hundred fifty (150) EF (0 and 65 EC).

ii. Explosive Substances. Liquids, solids or gaseswhich by reason of their nature or quantity are, ormay be, sufficient either alone or by interactionwith other substances to cause fire or explosion orbe injurious in any other way to the WastewaterSystem or to the operation of the system. At notime shall two successive readings on an explosionhazard meter, at the point of discharge into thesewer system, be more than five (5) percent nor anysingle reading over ten (10) percent of the LowerExplosive Limit (L.E.L.) of the meter. Thesematerials include, but are not limited to,gasoline, kerosene, naphtha, benzene, toluene,xylenes, ethers, alcohols, ketones, aldehydes,peroxides, chlorates, perchlorates, bromates,carbides, hydrides, and sulfides.

iii. Noxious Material. Noxious or malodorous solids,liquids or gases, which, either singly or byinteraction with other wastes, are capable ofcreating a public nuisance or hazard to life, ormay be sufficient to prevent entry into a sewer forits maintenance and repair.

iv. Improperly Shredded Garbage. Garbage that has notbeen ground or comminuted to such a degree that allparticles will be carried freely in suspensionunder flow conditions normally prevailing in thePublic Sewers.

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v. Temperature. Any liquid or vapor having atemperature higher than one hundred twenty (120) EF(49 EC).

vi. Radioactive Wastes. Any radioactive wastes orisotopes of such half-life or concentration as mayexceed limits established by the Administrator incompliance with applicable State or Federalregulations.

vii. Toxic Substances. Any toxic substances in amountsexceeding standards promulgated by theAdministrator and chemical elements or compounds,phenols or other taste or odor-producingsubstances, or any other substances which are notsusceptible to treatment or which may interferewith the biological processes or efficiency of thetreatment system, or that may pass through thesystem.

viii. Unpolluted Waters. Any Unpolluted Water,including, but not limited to, water from coolingsystems or of stormwater origin.

ix. Discolored Material. Wastes with objectionablecolor not removable by the treatment process.

x. Corrosive Wastes. Any waste which will causecorrosion or deterioration of the WastewaterSystem. Prohibited corrosive materials, include,but are not limited to, acids, sulfides,concentrated chloride and fluoride compounds, andsubstances which will react with water to formacidic products. All wastes discharged, directlyor indirectly through Wastewater systems owned byothers, to the County Wastewater system must have apH value in the range of 6.0 to 9.0 standard units.

xi. Surfactants. Detergents, surface active agents orother substances which may cause excessive foamingat the Wastewater treatment plant.

xii. Slug Loading. Unusual volume of flow orconcentration of pollutants constituting a SlugLoad as defined herein.

c. Limitations on Wastewater Discharges - No Person shalldischarge or convey, or permit or allow to be dischargedor conveyed, to County Wastewater system directly orindirectly through Wastewater system owned by others, any

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Wastewater containing pollutants of such character orquantity that will:

i. Not be susceptible to treatment or interfere withthe process or efficiency of the treatment system. Not susceptible shall mean an absence of any changein the quantity, nature, or composition of thePollutant(s);

ii. Constitute a hazard to human or animal life, or tothe stream or water course receiving the treatmentplant effluent. Hazard shall mean toxicity, fire,or explosiveness, or any other danger to a personor property by reason of the quantity, nature, orcomposition of the Pollutant(s);

iii. Violate Pretreatment Standards and/or;

iv. Cause the treatment plant to violate its NPDESpermit or applicable receiving water standards.

d. Special Agreements - Nothing in this section shall beconstrued as preventing any special agreement orarrangement between the County and any user of theWastewater System whereby Wastewater of unusual strengthor character is accepted into the system and especiallytreated subject to any payments or user charges as may beapplicable. However, it must be understood that noCategorical Pretreatment Standards will be relaxed.

e. Right of Revision - The County reserves the right toestablish, by ordinance or in Wastewater DischargePermits, more stringent standards or requirements ondischarges to the Wastewater System.

f. If any waters or wastes are discharged, or are proposedto be discharged to the Public Sewers, which waterscontain the substances or possess the characteristicsenumerated in §15-101(V) of this ordinance, and which inthe judgement of the Administrator may have a deleteriouseffect upon the sewage works, processes, equipment, orreceiving waters, or which otherwise create a hazard tolife or constitute a public nuisance, the Administratormay:

i. Reject the wastes;

ii. Require Pretreatment to an acceptable condition;

iii. Require control over the quantities and rates ofdischarge;

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vi. Require payment to cover the added cost of handlingand treating the wastes not covered by standardsewer service charges; and/or

v. Take other such actions as may be deemed to bedesirable or as necessary to achieve the purpose ofthis ordinance.

g. Grease, oil, and sand interceptors shall be providedwhen, in the opinion of the Administrator, and/or theCounty Health Department, they are necessary for theproper handling of liquid wastes containing FOG or anyflammable wastes, sand, or other harmful ingredients;except that such interceptors shall not be required forresidential living quarters or dwelling unit. Allinterceptors shall be located as to be readily and easilyaccessible for cleaning and inspection.

h. Where preliminary treatment or flow-equalizing facilitiesare provided for any waters or wastes, they shall bemaintained continuously in satisfactory and effectiveoperation by the Owner at his expense.

i. All sample collection, preservation measurements, tests,and analyses of the characteristics of water and wastesto which reference is made in this ordinance shall bedetermined in accordance with 40 CFR 136, and shall bedetermined at the control manhole provided, or uponsuitable samples taken at said control manhole. In theevent that no special control manhole has been required,the control manhole shall be considered to be the nearestdownstream manhole in the Public Sewer to the point atwhich the Building Sewer is connected.

j. Authority to Establish Discharge Limits - Nothing in thissection shall be construed as preventing the County fromestablishing discharge limits as necessary to meetFederal standards and/or State water quality standards.

6. Protection from Damage. No Person shall maliciously,willfully, or negligently break, damage, destroy, uncover,deface, or tamper with any structure, appurtenance, orequipment which is a part of the Wastewater System. Thisequipment shall include, but not be limited to, samplingequipment and measuring devices.

7. Powers and Authority of Inspectors

a. The Administrator and other duly authorized employees ofthe County bearing proper credentials and identificationshall be permitted to enter all properties for the

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purposes of inspection, observation, recording,measurement, sampling, and testing in accordance with theprovisions of this ordinance.

b. The Administrator and other duly authorized employees ofthe County bearing proper credentials and identificationshall be permitted to enter private properties throughwhich the County holds a duly negotiated easement for thepurposes of, but not limited to, inspection, observation,measurement, recording, sampling, repair, and maintenanceof any portion of the sewage works lying within saideasement. All entry and subsequent work, if any, on saideasement shall be done in full accordance with the termsof the duly negotiated easement pertaining to the privateproperty involved and general law.

§15-102 Industrial Pretreatment

1. General Provisions - Purpose - Establish additional rules andregulations for the direct or indirect discharge of non-domestic Wastewaters into the Wastewater Systems of theCounty. The purposes of this section are to:

a. implement the National Pretreatment Standards;

b. prevent the introduction of pollutants into theWastewater System which will pass through or interferewith the treatment processes of wastewater treatmentplants or which may contaminate sewage sludge;

c. prevent the introduction of pollutants into theWastewater treatment system which will not be compatiblewith the treatment process and cause a treatment plantfacility(s) violation under its National PollutantDischarge Elimination System (NPDES) permit and theapplicable rules of all governmental authorities with thejurisdiction over such discharges;

d. protect health and safety of the personnel and thegeneral public;

e. authorize the issuance of wastewater discharge permits;provide for monitoring, compliance, and enforcementactivities; establish administrative review procedures;and require Industrial User reporting.

2. Limitations on Wastewater Discharges

a. Local Limits - The following Pollutant limits areestablished to protect against pass through andinterference at each of the County facilities. No Usershall discharge Wastewater in excess of the

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concentrations set forth in Column A below, unlessalternative limits are granted in a valid Permit toDischarge Industrial Wastewater. Tabulated in Column Bare the maximum headworks concentrations. Should theconcentrations in Column B be exceeded, the dischargelimits of the Industrial Users may be reduced toalternative limits, to be set by the Administrator, toensure that the concentration levels in Column B are notexceeded.

Column A Column BMaximum daily Maximum headworks limit (mg/L) limit (mg/L)

President StreetBOD5 1500 200COD 3000 300FOG 100TSS 750 200Cyanide (T) 3.5 0.313Arsenic 0.48 0.016Cadmium 0.27 0.010Copper 9.07 0.311Lead 1.44 0.088Mercury 0.17 0.005Molybdenum 0.03 0.027Nickel 5.69 0.179Selenium 0.04 0.036Zinc 8.67 0.411

Regional PlantsBOD5 1000 713COD 1500 1070FOG 100TSS 280 200Cyanide (T) 0.33 0.137Arsenic 0.15 0.051Cadmium 0.09 0.033Chromium 4.01 1.370Copper 2.81 0.976Lead 0.60 0.233Mercury 0.05 0.016Molybdenum 0.08 0.084Nickel 1.64 0.560Selenium 0.11 0.112Silver 0.93 0.313Zinc 0.88 0.411

In addition, the Administrator may limit the discharge of otherspecific substances not listed above on a case-by-case basis, ifthe discharge of that substance is shown to interfere with theoperation or performance of the receiving POTW or would violate any

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receiving stream water quality standards upon discharge. Allconcentrations for metallic substances are for “total” metals. TheAdministrator may impose mass limitations in addition to, or inplace of, the concentration-based limitations above.

b. Right of Revision - The County reserves the right toestablish, by ordinance or in Wastewater dischargepermits, more stringent standards or requirements ondischarges to the Wastewater System.

c. Dilution - No user shall ever increase the use of processwater, or in any way attempt to dilute a discharge, as apartial or complete substitute for adequate treatment toachieve compliance with a discharge limitation unlessexpressly authorized by an applicable PretreatmentStandard or Pretreatment Requirement. The Administratormay impose mass limitations on users who are usingdilution to meet applicable Pretreatment Standards orPretreatment Requirements, or in other cases when theimposition of mass limitations is appropriate.

d. When required by the Administrator, the Owner of anyproperty serviced by a Building Sewer carrying industrialwastes shall install a suitable control manhole togetherwith such necessary meters and other appurtenances in theBuilding Sewer to facilitate observation, sampling andmeasurement of the wastes. Such manhole, when required,shall be constructed in accordance with the plansapproved by the County Engineer. The manhole shall beinstalled by the Owner at his expense and shall bemaintained by him so as to be safe and accessible at alltimes.

e. State Pretreatment Standards - State pretreatmentstandards located in The Rules of Georgia Department ofNatural Resources, Environmental Protection Division,Chapters 391-3-6 are hereby incorporated.

f. National Categorical Standards - Nothing in this sectionshall be construed as preventing the County from imposingon industries National Categorical Standards, as they arepromulgated. The National Categorical PretreatmentStandards found at 40 CFR Chapter I, Subchapter N. Parts405-471 are hereby incorporated.

g. Where a categorical Pretreatment Standard is expressedonly in terms of either the mass or the concentration ofa Pollutant in Wastewater, the Administrator may imposeequivalent concentration or mass limits in accordancewith 40 CFR 403.6(c).

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h. When wastewater subject to a Categorical PretreatmentStandard is mixed with Wastewater not regulated by thesame standard, the Administrator shall impose analternate limit using the combined waste stream formulain 40 CFR 403.6(e).

i. An Industrial User may obtain a variance from acategorical Pretreatment Standard if the Industrial Usercan prove, pursuant to the procedural and substantiveprovisions in 40 CFR 403.13, that factors relating to itsdischarge are fundamentally different from the factorsconsidered by EPA when developing the categoricalPretreatment Standard.

j. An Industrial User may obtain a net gross adjustment toa categorical standard in accordance with 40 CFR 403.15.

3. Control of Industrial Wastewater Discharges

a. Submission of Plans: Where Pretreatment or Equalizationof wastewater flows prior to discharge into any part ofthe Wastewater System is required, plans, specifications,schedules for completion and compliance, and any otherpertinent data or information relating to suchPretreatment or flow-control facilities shall first besubmitted to the Administrator for review. The review ofthese documents does not relieve and/or exempt theindustry, designer(s) and contractor(s) nor theirrepresentative from their individual or collectiveresponsibility to comply with the applicable provisionsof the local, state and/or federal regulations. Anysubsequent alterations, or additions to such Pretreatmentor flow control facilities shall not be made without duenotice to and prior review by the Administrator.

b. Pretreatment Facilities Operations: If Pretreatment orcontrol of waste flows is required, such facilities shallbe maintained in good working order and operated asefficiently as possible by the owner or operator at hisown cost and expense, subject to the requirements ofthese rules and regulations and all other applicablecodes, ordinances, and laws.

c. Protection from Accidental Discharge/Slug Control: Accidental Discharge/Slug Control Plan. Each IndustrialUser shall provide protection from accidental dischargeof prohibited materials or other wastes regulated by thisOrdinance. Facilities to prevent accidental discharge ofprohibited materials shall be provided and maintained atthe owner or operator’s own cost and expense. Detailedplans showing facilities and operating procedures to

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provide this protection shall be submitted to theAdministrator, for review, and shall be approved by himbefore construction of the facility. Review and approvalof such plans and operating procedures shall not relievethe Industrial User from the responsibility to modify hisfacility as necessary to meet the requirements of thisOrdinance. The Accidental Discharge/Slug Control Planshall be updated at a minimum of every two (2) years. The Accidental Discharge/Slug Control Plan shall address,at a minimum, the following:

i. Description of discharge practices, including non-routine batch discharges;

ii. Description of stored chemicals;

iii. P rocedures for immediately notifying th eAdministrator of any accidental or Slug discharge,as required by §15-102(V)(F) of this ordinance; and

iv. Procedures to prevent adverse impact from anyaccidental or Slug discharge. Such proceduresinclude, but are not limited to, inspection andmaintenance of storage areas, handling and transferof materials, loading and unloading operations,control of plant site runoff, worker training,building of containment structures or equipment,measures for containing toxic organic pollutants,including solvents, and/or measures and equipmentfor emergency response.

d. Hauled Wastewater:

i. Septage: - Septic tank waste may be introduced intothe Wastewater System only at locations designatedby the Administrator and at such times as areestablished by the Administrator. Such waste shallnot violate §15-101(V)(A) of this ordinance or anyother requirements established by the County. TheAdministrator may require septic tank waste haulersto obtain wastewater discharge permits.

ii. Hauled Industrial Wastewater:

(1) The Administrator shall require haulers ofindustrial waste to obtain wastewaterdischarge permits.

(2) Generators of hauled industrial waste may berequired to obtain wastewater dischargepermits.

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(3) Hauled Wastewater shall be discharged only atthe designated locations.

(4) The industrial waste hauler may be required toprovide a Wastewater analysis of any loadprior to discharge.

(5) Industrial waste haulers shall provide awaste-tracking form for every load. This formshall include, at a minimum, the name andaddress of the industrial waste hauler, permitnumber, truck identification, names andaddresses of sources of waste, and volume andcharacteristics of waste. The form shallidentify the type of industry, known orsuspected waste constituents, and whether anywastes are RCRA hazardous wastes.

4. Industrial Wastewater Discharge Monitoring

a. Wastewater Discharge Permit Application

i. Wastewater Analysis - When requested by theAdministrator, an Industrial User must submitinformation on the nature and characteristics ofits Wastewater within thirty (30) days of therequest. The Administrator is authorized toprepare a form for this purpose and mayperiodically require Industrial Users to updatethis information.

ii. Wastewater Discharge Permit Requirement

(1) No Significant Industrial User shall dischargeWastewater into the Wastewater System withoutfirst obtaining a Wastewater Discharge Permitfrom the Administrator, except that aSignificant Industrial User that has filed atimely application pursuant to §15-102(IV)(A)(3) of this ordinance may continueto discharge for the time period specifiedtherein.

(2) The Administrator may require other IndustrialUsers to obtain wastewater discharge permitsas necessary to carry out the purposes of thisordinance.

(3) Any violation of the terms and conditions of aWastewater Discharge Permit shall be deemed aviolation of this ordinance and subjects the

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wastewater discharge permittee to thesanctions set out in this ordinance. Obtaining a Wastewater Discharge Permit doesnot relieve a permittee of its obligation tocomply with all Federal and State PretreatmentStandards or Pretreatment Requirements or withany other requirements of Federal, State, andlocal law.

iii. Wastewater Discharge Permitting: ExistingConnections - Any user required to obtain aWastewater Discharge Permit who was dischargingWastewater into the POTW prior to the effectivedate of this ordinance and who wishes to continuesuch discharges in the future, shall, within thirty(30) days after said date, apply to theAdministrator for a Wastewater Discharge Permit inaccordance with §15-102(IV)(A)(5) of thisordinance, and shall not cause or allow dischargesto the POTW to continue after sixty (60) days ofthe effective date of this ordinance except inaccordance with a Wastewater Discharge Permitissued by the Administrator.

Those Industrial Users holding a valid WastewaterDischarge Permit shall, within sixty (60) daysafter said date, apply to the Administrator for aWastewater Discharge Permit in accordance with §15-102(IV)(A)(5) of this ordinance, and shall notcause or allow discharges to the POTW to continueafter one hundred eighty(180) days of the effectivedate of this ordinance.

iv. Wastewater Discharge Permitting: New Connections -Any user required to obtain a Wastewater DischargePermit who proposes to begin or recommencedischarging into the POTW must obtain such permitprior to the beginning or recommencing of suchdischarge. An application for this WastewaterDischarge Permit, in accordance with §15-102(IV)(A)(2) of this ordinance, must be filed atleast ninety (90) days prior to the date upon whichany discharge will begin or recommence.

v. Wastewater Discharge Permit Application Contents -All users required to obtain a Wastewater DischargePermit must submit a permit application. TheAdministrator may require all users to submit aspart of an application the following information:

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(1) All information required by Section 2(V)(A) ofthis ordinance;

(2) Description of activities, facilities, andplant processes on the premises, including alist of all raw materials and chemicals usedor stored at the facility which are, or couldaccidentally or intentionally be, dischargedto the POTW;

(3) Number and type of employees, hours ofoperation, and proposed or actual hours ofoperation;

(4) Each product produced by type, amount, processor processes, and rate of production;

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

(6) Site plans, floor plans, mechanical andplumbing plans, and details to show allsewers, floor drains, and appurtenances bysize, location, and elevation, and all pointsof discharge;

(7) Time and duration of discharges; and

(8) Any other information as may be deemednecessary by the Administrator to evaluate theWastewater Discharge Permit application.

Incomplete or inaccurate applications will notbe processed and will be returned to theIndustrial User for revision.

vi. Application Signatories and Certification - AllWastewater Discharge Permit applications andIndustrial User reports must be signed by anAuthorized Representative of the Industrial Userand contain the following certification statement:

“I certify under penalty of law that this documentand all attachments were prepared under mydirection or supervision in accordance with asystem designed to assure that qualified personnelproperly gather and evaluate the informationsubmitted. Based on my inquiry of the person orpersons who manage the system, or those personsdirectly responsible for gathering the information,the information submitted is, to the best of my

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knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties forsubmitting false information, including thepossibility of fine and imprisonment for knowingviolations.”

vii. Wastewater Discharge Permit Decisions - TheAdministrator will evaluate the data furnished bythe Industrial User and may require additionalinformation. Within thirty (30) days of receipt ofa complete Wastewater Discharge Permit application,the Administrator will determine whether or not toissue a Wastewater Discharge Permit. TheAdministrator may deny any application for aWastewater Discharge Permit.

b. Wastewater Discharge Permit Issuance Process

i. A Wastewater Discharge Permit shall include suchconditions as are deemed reasonably necessary bythe Administrator to prevent Pass-Through orInterference, protect the quality of the water bodyreceiving the treatment plant's effluent, protectworker health and safety, facilitate sludgemanagement and disposal, and protect against damageto the POTW.

(1) A Wastewater Discharge Permit shall be issuedfor a specified time period, not to exceedfive (5) years from the effective date of thepermit. A Wastewater Discharge Permit may beissued for a period less than five (5) years,at the discretion of the Administrator. EachWastewater Discharge Permit will indicate aspecific date upon which it will expire. Eachpermit shall expire at 12:00 Midnight on thedate of expiration.

(2) Effluent limits based on applicablePretreatment Standards.

(3) Self monitoring, sampling, reporting,notification, and record-keeping requirements. Including an identification of pollutants tobe monitored, sampling location, samplingfrequency, and sample type based on Federal,State, and local law; and

(4) A statement of applicable civil and criminalpenalties for violation of PretreatmentStandards and requirements, and any applicable

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compliance schedule. Such schedule may notextend the time for compliance beyond thatrequired by applicable Federal, State, orlocal law.

(5) A statement of non-transferability withoutprior notification to the County in accordancewith §15-102(IV)(E)of this ordinance.

ii. Wastewater discharge permits may contain, but neednot be limited to, the following conditions:

(1) Limits on the average and/or maximum rate ofdischarge, time of discharge, and/orrequirements for flow regulation andequalization;

(2) Requirements for the installation ofPretreatment technology, pollution control, orconstruction of appropriate containmentdevices, designed to reduce, eliminate, orprevent the introduction of pollutants intothe treatment works;

(3) Requirements for the development andimplementation of spill control plans or otherspecial conditions including managementpractices necessary to adequately preventaccidental, unanticipated, or nonroutinedischarges;

(4) Development and implementation of wasteminimization plans to reduce the amount ofpollutants discharged to the POTW;

(5) The unit charge or schedule of Industrial Usercharges and fees for the management of theWastewater discharged to the POTW;

(6) Requirements for installation and maintenanceof inspection and sampling facilities andequipment;

(7) A statement that compliance with theWastewater Discharge Permit does not relievethe permittee of responsibility for compliancewith all applicable Federal and StatePretreatment Standards, including those whichbecome effective during the term of theWastewater Discharge Permit; and

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(8) Other conditions as deemed appropriate by theAdministrator to ensure compliance with thisordinance, and State and Federal laws, rules,and regulations.

c. Wastewater Discharge Permit Appeals - The Administratorshall provide public notice of the issuance of aWastewater Discharge Permit. Any Person, including theIndustrial User, may petition the Administrator toreconsider the terms of a Wastewater Discharge Permitwithin thirty (30) days of its issuance.

i. Failure to submit a timely petition for reviewshall be deemed to be a waiver of theadministrative appeal.

ii. In its petition, the appealing party must indicatethe Wastewater Discharge Permit provisions objectedto, the reasons for this objection, and thealternative condition, if any, it seeks to place inthe Wastewater Discharge Permit.

iii. The effectiveness of the Wastewater DischargePermit shall not be stayed pending the appeal.

iv. If the Administrator fails to act within thirty(30) days, a request for reconsideration shall bedeemed to be denied. Decisions not to reconsider aWastewater Discharge Permit, not to issue aWastewater Discharge Permit, or not to modify aWastewater Discharge Permit shall be consideredfinal administrative actions for purposes ofjudicial review.

v. Aggrieved parties seeking judicial review of thefinal administrative Wastewater Discharge Permitdecision must do so by filing a complaint with theRecorders Court for Chatham County within thirty(30) days.

d. Wastewater Discharge Permit Modification - TheAdministrator may modify a Wastewater Discharge Permitfor good cause, including, but not limited to, thefollowing reasons:

i. To incorporate any new or revised Federal, State,or local Pretreatment Standards or PretreatmentRequirements;

ii. To address significant alterations or additions tothe Industrial User's operation, processes, or

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Wastewater volume or character since the time ofWastewater Discharge Permit issuance;

iii. A change in the POTW that requires either atemporary or permanent reduction or elimination ofthe authorized discharge;

iv. Information indicating that the permitted dischargeposes a threat to the POTW, County or Citypersonnel, or the receiving waters;

v. Violation of any terms or conditions of theWastewater Discharge Permit;

vi. Misrepresentations or failure to fully disclose allrelevant facts in the Wastewater Discharge Permitapplication or in any required reporting;

vii. Revision of or a grant of variance from categoricalPretreatment Standards pursuant to 40 CFR 403.13;

viii. To correct typographical or other errors in theWastewater Discharge Permit; or;

xi. To reflect a transfer of the facility ownership oroperation to a new owner or operator.

e. Wastewater Discharge Permit Transfer - Wastewaterdischarge permits may be transferred to a new owner oroperator only if the permittee gives at least ninety (90)days advance notice to the Administrator and theAdministrator approves the Wastewater Discharge Permittransfer. The notice to the Administrator must includea written certification by the new owner or operatorwhich:

i. States that the new owner and/or operator has noimmediate intent to change the facility'soperations and processes;

ii. Identifies the specific date on which the transferis to occur; and

iii. Acknowledges full responsibility for complying withthe existing Wastewater Discharge Permit.

Failure to provide advance notice of a transfer rendersthe Wastewater Discharge Permit void as of the date offacility transfer.

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f. Wastewater Discharge Permit Revocation - TheAdministrator may revoke a Wastewater Discharge Permitfor good cause, including, but not limited to, thefollowing reasons:

i. Failure to notify the Administrator of significantchanges to the Wastewater prior to the changeddischarge;

ii. Failure to provide prior notification to theAdministrator of changed conditions pursuant to§15-102(V)(E) of this ordinance;

iii. Misrepresentation or failure to fully disclose allrelevant facts in the Wastewater Discharge Permitapplication;

vi. Falsifying self-monitoring reports;

v. Tampering with monitoring equipment;

vi. Refusing to allow the Administrator timely accessto the facility premises and records;

vii. Failure to meet effluent limitations;

viii. Failure to pay fines;

xi. Failure to pay sewer charges;

x. Failure to meet compliance schedules;

xi. Failure to complete a Wastewater survey or theWastewater Discharge Permit application;

xii. Failure to provide advance notice of the transferof business ownership of a permitted facility; or

xiii. Violation of any Pretreatment Standard orPretreatment Requirement, or any terms of theWastewater Discharge Permit or this ordinance.

Wastewater discharge permits shall be voidable uponcessation of operations or transfer of businessownership. All wastewater discharge permits issuedto a particular Industrial User are void upon theissuance of a new Wastewater Discharge Permit tothat Industrial User.

g. Wastewater Discharge Permit Reissuance - An IndustrialUser with an expiring Wastewater Discharge Permit shall

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apply for Wastewater Discharge Permit reissuance bysubmitting a complete permit application, in accordancewith §15-102(IV)(A)(5) of this ordinance, a minimum ofninety (90) days prior to the expiration of theIndustrial User's existing Wastewater Discharge Permit.

h. Regulation of Waste Received from Other Jurisdictions

i. If another municipality, or Industrial User locatedwithin another municipality, contributes Wastewaterto the POTW, the Administrator shall enter into anintergovernmental agreement with the contributingmunicipality.

ii. Prior to entering into an agreement required byparagraph 1, above, the Administrator shall requestthe following information from the contributingmunicipality:

(1) A description of the quality and volume ofWastewater discharged to the POTW by thecontributing municipality;

(2) An inventory of all Industrial Users locatedwithin the contributing municipality that aredischarging to the POTW; and

(3) Such other information as the Administratormay deem necessary.

iii. An intergovernmental agreement, as required byparagraph 1, above, shall contain the followingconditions:

(1) A requirement for the contributingmunicipality to adopt a sewer use ordinancewhich is at least as stringent as thisordinance and local limits which are at leastas stringent as those set out in §15-101(V) ofthis ordinance. The requirement shall specifythat such ordinance and limits must be revisedas necessary to reflect changes made to theCounty's ordinance or local limits;

(2) A requirement for the contributingmunicipality to submit to the Administrator arevised Industrial User inventory on at leastan annual basis;

(3) A provision specifying which Pretreatmentimplementation activities, including

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Wastewater Discharge Permit issuance,inspection and sampling, and enforcement, willbe conducted by the Administrator;

(4) A requirement for the contributingmunicipality to provide the Administrator withaccess to all information that thecontributing municipality obtains as part ofits pretreatment activities;

(5) Limits on the nature, quality, and volume ofthe contributing municipality's Wastewater atthe point where it discharges to the POTW;

(6) Requirements for monitoring the contributingmunicipality's discharge;

(7) A provision ensuring the Administrator accessto the facilities of Industrial Users locatedwithin the contributing municipality'sjurisdictional boundaries for the purpose ofinspection, sampling, and any other dutiesdeemed necessary by the Administrator; and

(8) A provision specifying remedies available forbreach of the terms of the intermunicipalagreement.

5. Industrial Wastewater Discharge Reports

a. Baseline Monitoring Reports

i. Within either one hundred eighty (180) days afterthe effective date of a categorical PretreatmentStandard, or the final administrative decision on acategory determination under 40 CFR 403.6(a)(4),whichever is later, existing categorical IndustrialUsers currently discharging to or scheduled todischarge to the POTW shall submit to theAdministrator a report which contains theinformation listed in paragraph 2 below. At leastninety (90) days prior to commencement of theirdischarge, New Sources, and sources that becomecategorical Industrial Users subsequent to thepromulgation of an applicable categorical standard,shall submit to the Administrator a report whichcontains the information listed in paragraph 2(a-e), below. A New Source shall report the method ofPretreatment it intends to use to meet applicablecategorical standards. A New Source also shall

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give estimates of its anticipated flow and quantityof pollutants to be discharged.

ii. Industrial Users described above shall submit theinformation set forth below.

(1) Identifying Information - The name and addressof the facility, including the name of theoperator and owner.

(2) Environmental Permits - A list of anyenvironmental control permits held by or forthe facility.

(3) Description of Operations - A briefdescription of the nature, average rate ofproduction, and standard industrialclassifications of the operation(s) carriedout by such Industrial User. This descriptionshould include a schematic process diagramwhich indicates points of discharge to thePOTW from the regulated processes.

(4) Flow Measurement - Information showing themeasured average daily and maximum daily flow,in GPD, to the POTW from regulated processstreams and other streams, as necessary, toallow use of the combined waste stream formulaset out in 40 CFR 403.6(e).

(5) Measurement of Pollutants

(a) The categorical Pretreatment Standardsapplicable to each regulated process.

(b) The results of sampling and analysisidentifying the nature and concentration,and/or mass, where required by thestandard or by the Administrator, ofregulated pollutants in the dischargefrom each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass,where required, shall be reported. Thesample shall be representative of dailyoperations and shall be analyzed inaccordance with procedures set out in§15-102(V)(J) of this ordinance.

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(c) Sampling must be performed in accordancewith procedures set out in §15-102(V)(K)of this ordinance.

(6) Certification - A statement, reviewed by theIndustrial User's Authorized Representativeand certified by a qualified professional,indicating whether Pretreatment Standards arebeing met on a consistent basis, and, if not,whether additional operation and maintenance(O&M) and/or additional Pretreatment isrequired to meet the Pretreatment Standardsand requirements.

(7) Compliance Schedule - If additionalPretreatment and/or O&M will be required tomeet the Pretreatment Standards, the shortestschedule by which the Industrial User willprovide such additional Pretreatment and/orO&M. The completion date in this scheduleshall not be later than the compliance dateestablished for the applicable PretreatmentStandard. A compliance schedule pursuant tothis section must meet the requirements setout in §15-102(V)(B) of this ordinance.

(8) Signature and Certification - All baselinemonitoring reports must be signed andcertified in accordance with §15-102(IV)(A)(6)of this ordinance.

b. Compliance Schedule Progress Reports - The followingconditions shall apply to the compliance schedulerequired by §15-102(V)(A)(2)(g) of this ordinance:

i. The schedule shall contain progress increments inthe form of dates for the commencement andcompletion of major events leading to theconstruction and operation of additionalPretreatment required for the Industrial User tomeet the applicable Pretreatment Standards (suchevents include, but are not limited to, hiring anengineer, completing preliminary and final plans,executing contracts for major components,commencing and completing construction, andbeginning and conducting routine operation);

ii. No increment referred to above shall exceed nine(9) months;

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iii. The Industrial User shall submit a progress reportto the Administrator no later than fourteen (14)days following each date in the schedule and thefinal date of compliance including, as a minimum,whether or not it complied with the increment ofprogress, the reason for any delay, and, ifappropriate, the steps being taken by theIndustrial User to return to the establishedschedule; and

iv. In no event shall more than nine (9) months elapsebetween such progress reports to the Administrator.

c. Categorical Pretreatment Standard Deadline Reports -Within ninety (90) days following the date for finalcompliance with applicable categorical PretreatmentStandards, or in the case of a New Source followingcommencement of the introduction of Wastewater into thePOTW, any Industrial User subject to such PretreatmentStandards and requirements shall submit to theAdministrator a report containing the informationdescribed in §15-102(V)(A)(2)(d-f) of this ordinance. For Industrial Users subject to equivalent mass orconcentration limits established in accordance with theprocedures in 40 CFR 403.6(c), this report shall containa reasonable measure of the Industrial User's long-termproduction rate. For all other Industrial Users subjectto categorical Pretreatment Standards expressed in termsof allowable Pollutant discharge per unit of production(or other measure of operation), this report shallinclude the Industrial User's actual production duringthe appropriate sampling period. All compliance reportsmust be signed and certified in accordance with §15-102(IV)(A)(6) of this ordinance.

d. Periodic Compliance Reports

i. All permitted Industrial Users shall, at afrequency determined by the Administrator, but inno case less than twice per year (in June andDecember), submit a report indicating the natureand concentration of pollutants in the dischargewhich are controlled by the Industrial Userspermit. In addition, this report shall include arecord of measured or estimated average and maximumdaily flows for the reporting period. All periodiccompliance reports must be signed and certified inaccordance with §15-102(IV)(A)(6) of thisordinance.

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ii. All Wastewater samples must be representative ofthe Industrial User's discharge. Wastewatermonitoring and flow measurement facilities shall beproperly operated, kept clean, and maintained ingood working order at all times. The failure of anIndustrial User to keep its monitoring facility ingood working order shall not be grounds for theIndustrial User to claim that sample results areunrepresentative of its discharge.

iii. If an Industrial User subject to the reportingrequirement in this section monitors any Pollutantmore frequently than required by the Administrator,using the procedures prescribed in §15-102(V)(K) ofthis ordinance, the results of this monitoringshall be included in the report.

e. Reports of Changed Conditions - Each Industrial User mustnotify the Administrator of any planned significantchanges to the Industrial User's operations or systemwhich may alter the nature, quality, or volume of itsWastewater at least ninety (90) days before the change.

i. The Administrator may require the Industrial Userto submit such information as may be deemednecessary to evaluate the changed condition,including the submission of a Wastewater DischargePermit application under §15-102(IV)(A)(5) of thisordinance.

ii. The Administrator may issue a Wastewater DischargePermit under §15-102(IV)(A)(4) of this ordinance ormodify an existing Wastewater Discharge Permitunder §15-102(IV)(A)(3) of this ordinance inresponse to changed conditions or anticipatedchanged conditions.

iii. For purposes of this requirement, significantchanges include, but are not limited to, flowincrease or decrease of twenty percent (20%) orgreater, or the discharge of any previouslyunreported pollutants.

f. Reports of Potential Problems

i. In the case of any discharge, including, but notlimited to, accidental discharges, discharges of anon-routine, episodic nature, a non-customary batchdischarge, or a Slug Load, that may cause potentialproblems for the POTW, the Industrial User shallimmediately telephone and notify the Administrator

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of the incident. This notification shall includethe location of the discharge, type of waste,concentration and volume, if known, and correctiveactions taken by the Industrial User.

ii. Within five (5) days following such discharge, theIndustrial User shall, unless waived by theAdministrator, submit a detailed written reportdescribing the cause(s) of the discharge and themeasures to be taken by the Industrial User toprevent similar future occurrences. Suchnotification shall not relieve the Industrial Userof any expense, loss, damage, or other liabilitywhich may be incurred as a result of damage to thePOTW, natural resources, or any other damage toperson or property; nor shall such notificationrelieve the Industrial User of any fines,penalties, or other liability which may be imposedpursuant to this ordinance.

iii. A notice shall be permanently posted on theIndustrial User's bulletin board or other prominentplace advising employees whom to call in the eventof a discharge described in paragraph 1, above. Employers shall ensure that all employees, who maycause such a discharge to occur, are advised of theemergency notification procedure.

g. Reports from Unpermitted Industrial Users - AllIndustrial Users not required to obtain a WastewaterDischarge Permit shall provide appropriate reports to theAdministrator as the Administrator may require.

h. Notice of Violation/Repeat Sampling and Reporting - Ifsampling performed by an Industrial User indicates aviolation, the Industrial User must notify theAdministrator within twenty-four (24) hours of becomingaware of the violation. The Industrial User shall alsorepeat the sampling and analysis and submit the resultsof the repeat analysis to the Administrator within thirty(30) days after becoming aware of the violation. TheIndustrial User is not required to resample if theAdministrator monitors at the Industrial User's facilityat least once a month, or if the Administrator samplesbetween the Industrial User's initial sampling and whenthe Industrial User receives the results of thissampling.

i. Notification of the Discharge of Hazardous Waste

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i. Any Industrial User who commences the discharge ofhazardous waste shall notify the POTW, the EPARegional Waste Management Division Director, andState hazardous waste authorities, in writing, ofany discharge into the POTW of a substance which,if otherwise disposed of, would be a hazardouswaste under 40 CFR 261. Such notification mustinclude the name of the hazardous waste as setforth in 40 CFR 261, the EPA hazardous wastenumber, and the type of discharge (continuous,batch, or other). If the Industrial Userdischarges more than one hundred (100) kilograms ofsuch waste per calendar month to the POTW, thenotification also shall contain the followinginformation to the extent such information is knownand readily available to the Industrial User: anidentification of the hazardous constituentscontained in the wastes, an estimation of the massand concentration of such constituents in the wastestream discharged during that calendar month, andan estimation of the mass of constituents in thewaste stream expected to be discharged during thefollowing twelve (12) months. All notificationsmust take place no later than one hundred andeighty (180) days after the discharge commences. Any notification under this paragraph need besubmitted only once for each hazardous wastedischarged. However, notifications of changedconditions must be submitted under §15-102(V)(E) ofthis ordinance. The notification requirement inthis section does not apply to pollutants alreadyreported by Industrial Users subject to categoricalPretreatment Standards under the self-monitoringrequirements of §15-102(V)(A), (C), and (D) of thisordinance.

ii. Dischargers are exempt from the requirements ofparagraph 1, above, during a calendar month inwhich they discharge no more than fifteen (15)kilograms of hazardous wastes, unless the wastesare acute hazardous wastes as specified in 40 CFR261.30(d) and 261.33(e). Discharge of more thanfifteen (15) kilograms of nonacute hazardous wastesin a calendar month, or of any quantity of acutehazardous wastes as specified in 40 CFR 261.30(d)and 261.33(e), requires a one-time notification. Subsequent months during which the Industrial Userdischarges more than such quantities of anyhazardous waste do not require additionalnotification.

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iii. In the case of any new regulations under Section3001 of RCRA identifying any additionalcharacteristics of hazardous wastes or listing anyadditional substance as a hazardous waste, theIndustrial User must notify the Administrator, theEPA Regional Waste Management Waste DivisionDirector, and State hazardous waste authorities ofthe discharge of such substance within ninety (90)days of the effective date of such regulations.

iv. In the case of any notification made under thissection, the Industrial User shall certify that ithas a program in place to reduce the volume andtoxicity of hazardous wastes generated to thedegree it has determined to be economicallypractical.

v. This provision does not create a right to dischargeany substance not otherwise permitted to bedischarged by this ordinance, a permit issuedthereunder, or any applicable Federal or State law

j. Analytical Requirements - All Pollutant analyses,including sampling techniques, to be submitted as part ofa Wastewater Discharge Permit application or report shallbe performed in accordance with the techniques prescribedin 40 CFR 136, unless otherwise specified in anapplicable categorical Pretreatment Standard. If 40 CFR136 does not contain sampling or analytical techniquesfor the Pollutant in question, sampling and analyses mustbe performed in accordance with procedures approved byEPA.

k. Sample Collection

i. Except as indicated in paragraph 2, below, theIndustrial User must collect Wastewater samplesusing flow proportional composite collectiontechniques. In the event flow proportionalsampling is infeasible, the Administrator mayauthorize the use of time proportional sampling ora minimum of four (4) Grab Samples where theIndustrial User demonstrates that this will providea representative sample of the effluent beingdischarged. In addition, Grab Samples may berequired to show compliance with Maximum DailyLimits.

ii. Samples for oil and grease, temperature, pH,cyanide, phenols, sulfides, and volatile organiccompounds must be obtained using grab collection

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techniques. Actual sample type requirements shallbe included in the Wastewater Discharge Permit.

l. Timing - Written reports will be deemed to have beensubmitted on the date postmarked. For reports which arenot mailed, postage prepaid, into a mail facilityserviced by the United States Postal Service, the date ofreceipt of the report shall govern.

m. Record Keeping - Industrial Users subject to thereporting requirements of this ordinance shall retain,and make available for inspection and copying, allrecords of information obtained pursuant to anymonitoring activities required by this ordinance and anyadditional records of information obtained pursuant tomonitoring activities undertaken by the Industrial Userindependent of such requirements. Records shall includethe date, exact place, method, and time of sampling, andthe name of the person(s) taking the samples; the datesanalyses were performed; who performed the analyses; theanalytical techniques or methods used; and the results ofsuch analyses. These records shall remain available fora period of at least three (3) years. This period shallbe automatically extended for the duration of anylitigation concerning the Industrial User or the County,or where the Industrial User has been specificallynotified of a longer retention period by theAdministrator.

6. Compliance Monitoring

a. Right of Entry: Inspection and Sampling - TheAdministrator shall have the right to enter the premisesof any Industrial User to determine whether theIndustrial User is complying with all requirements ofthis ordinance and any Wastewater Discharge Permit ororder issued hereunder. Industrial Users shall allow theAdministrator ready access to all parts of the premisesfor the purposes of inspection, sampling, recordsexamination and copying, and the performance of anyadditional duties.

i. Where an Industrial User has security measures inforce which require proper identification andclearance before entry into its premises, theIndustrial User shall make necessary arrangementswith its security guards so that, upon presentationof suitable identification, the Administrator willbe permitted to enter without delay for thepurposes of performing specific responsibilities.

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ii. The Administrator shall have the right to set up onthe Industrial User's property, or requireinstallation of, such devices as are necessary toconduct sampling and/or metering of the IndustrialUser's operations.

iii. The Administrator may require the Industrial Userto install monitoring equipment as necessary. Thefacility's sampling and monitoring equipment shallbe maintained at all times in a safe and properoperating condition by the Industrial User at itsown expense. All devices used to measureWastewater flow and quality shall be calibratedannually to ensure their accuracy.

iv. Any temporary or permanent obstruction to safe andeasy access to the facility to be inspected and/orsampled shall be promptly removed by the IndustrialUser at the written or verbal request of theAdministrator and shall not be replaced. The costsof clearing such access shall be borne by theIndustrial User.

v. Unreasonable delays in allowing the Administratoraccess to the Industrial User's premises shall be aviolation of this ordinance.

b. Search Warrants - If the Administrator has been refusedaccess to a building, structure, or property, or any partthereof, and is able to demonstrate probable cause tobelieve that there may be a violation of this ordinance,or that there is a need to inspect and/or sample as partof a routine inspection and sampling program of theCounty designed to verify compliance with this ordinanceor any permit or order issued hereunder, or to protectthe overall public health, safety and welfare of thecommunity, then the Administrator may seek issuance of asearch warrant from the Recorders Court of the County.

7. Confidential Information. Information and data on anIndustrial User obtained from reports, surveys, WastewaterDischarge Permit applications, wastewater discharge permits,and monitoring programs, and from the Administrator'sinspection and sampling activities, shall be available to thepublic without restriction, unless the Industrial Userspecifically requests, and is able to demonstrate to thesatisfaction of the Administrator, that the release of suchinformation would divulge information, processes, or methodsof production entitled to protection as trade secrets underapplicable State law. Any such request must be asserted atthe time of submission of the information or data. When

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requested and demonstrated by the Industrial User furnishinga report that such information should be held confidential,the portions of a report which might disclose trade secrets orsecret processes shall not be made available for inspection bythe public, but shall be made available immediately uponrequest to governmental agencies for uses related to the NPDESprogram or pretreatment program, and in enforcementproceedings involving the person furnishing the report. Wastewater constituents and characteristics and other“effluent data” as defined by 40 CFR 2.302 will not berecognized as confidential information and will be availableto the public without restriction.

8. Publication of Industrial Users in Significant Noncompliance. The Administrator shall publish annually, in the largest dailynewspaper published in the municipality where the POTW islocated, a list of the Industrial Users which, during theprevious twelve (12) months, were in Significant Noncompliancewith applicable Pretreatment Standards and Requirements.

§15-103 Enforcement.

1. Administrative Enforcement Remedies

a. Informal responses - If a problem is isolated and doesnot involve a suspicion that the Industrial User isviolating an applicable limit, then the Administrator mayrespond informally. Informal responses include atelephone call, a facility visit, or a letter from theAdministrator. Conversations during a telephone call orduring a facility visit will be summarized in writing toensure that County records include a discussion of theproblem and the County’s recommendations.

b. Notice of Noncompliance - The Administrator’s firstresponse to most violations is the Notice ofNoncompliance (NON). The NON discusses the circumstancesof the violation and the consequences of continuedviolation. In most cases the NON will require the userreceiving the NON to respond in writing within 15 daysfrom the date of receipt. The response must discuss theactions that the user has taken to identify the cause ofthe violation and the actions that the user has taken toprevent similar violations in the future. The NON willalso specify a date by which the user must show a returnto compliance to prevent escalated enforcement action. This deadline will usually be 45 days after theAdministrator has identified the violation.

c. Notice of Violation - When the Administrator finds thata user has violated, or continues to violate, any

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provision of this ordinance, a Wastewater DischargePermit or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirement, theAdministrator may serve upon that a written Notice ofViolation (NOV). Within ten (10) days of the receipt ofthis notice, an explanation of the violation and a planfor the satisfactory correction and prevention thereof,to include specific required actions, shall be submittedby the user to the Administrator. Submission of thisplan in no way relieves the user of liability for anyviolations occurring before or after receipt of the NOV. Nothing in this section shall limit the authority of theAdministrator to take any action, including emergencyactions or any other enforcement action, without firstissuing a NOV.

d. Show Cause Hearing - The Administrator may order a userwhich has violated, or continues to violate, anyprovision of this ordinance, a Wastewater DischargePermit or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirement, toappear before the Administrator and show cause why theproposed enforcement action should not be taken. Noticeshall be served on the user specifying the time and placefor the meeting, the proposed enforcement action, thereasons for such action, and a request that the user showcause why the proposed enforcement action should not betaken. The notice of the meeting shall be servedpersonally or by registered or certified mail (returnreceipt requested) at least fifteen (15) days prior tothe hearing. Such notice may be served on any AuthorizedRepresentative of the user. A show cause hearing shallnot be a bar against, or prerequisite for, taking anyother action against the user.

e. Compliance Orders - When the Administrator finds that auser has violated, or continues to violate, any provisionof this ordinance, a Wastewater Discharge Permit or orderissued hereunder, or any other Pretreatment Standard orPretreatment Requirement, the Administrator may issue anorder to the user responsible for the discharge directingthat the user come into compliance within a specifiedtime. If the user does not come into compliance withinthe time provided, sewer service may be discontinuedunless adequate treatment facilities, devices, or otherrelated appurtenances are installed and properlyoperated. Compliance orders also may contain otherrequirements to address the noncompliance, includingadditional self-monitoring and management practicesdesigned to minimize the amount of pollutants dischargedto the sewer. A compliance order may not extend the

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deadline for compliance established for a PretreatmentStandard or Pretreatment Requirement, nor does acompliance order relieve the user of liability for anyviolation, including any continuing violation. Issuanceof a compliance order shall not be a bar against, or aprerequisite for, taking any other action against theuser.

f. Cease and Desist Orders - When the Administrator findsthat a user has violated, or continues to violate, anyprovision of this ordinance, a Wastewater DischargePermit or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirement, orthat the user's past violations are likely to recur, theAdministrator may issue an order to the user directing itto cease and desist all such violations and directing theuser to:

i. Immediately comply with all requirements; and

ii. Take such appropriate remedial or preventive actionas may be needed to properly address a continuingor threatened violation, including haltingoperations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a baragainst, or a prerequisite for, taking any other actionagainst the user.

g. Administrative Fines

i. When the Administrator finds that a user hasviolated, or continues to violate, any provision ofthis ordinance, a Wastewater Discharge Permit, ororder issued hereunder, or any other PretreatmentStandard or Pretreatment Requirement, theAdministrator may fine such user in an amount up toat least $1,000.00. Such fines shall be assessedon a per violation, per day basis. In the case ofmonthly or other long term average dischargelimits, fines shall be assessed for each day duringthe period of violation.

ii. Unpaid charges, fines, and penalties shall, afterthirty (30) calendar days, be assessed anadditional penalty of ten percent (10%) of theunpaid balance, and interest shall accruethereafter at a rate of one and one half percent (1½%) per month. A lien against the user's propertymay be sought for unpaid charges, fines, andpenalties.

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iii. Users desiring to dispute such fines must file awritten request for the Administrator to reconsiderthe fine along with full payment of the fine amountwithin thirty (30) days of being notified of thefine. Where a request has merit, the Administratormay convene a hearing on the matter. In the eventthe user's appeal is successful, the payment,together with any interest accruing thereto, shallbe returned to the user. The Administrator may addthe costs of preparing administrative enforcementactions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a baragainst, or a prerequisite for, taking any other actionagainst the user.

h. Emergency Suspensions - The Administrator may immediatelysuspend a user's discharge, after informal notice to theuser, whenever such suspension is necessary to stop anactual or threatened discharge which reasonably appearsto present or cause an imminent or substantialendangerment to the health or welfare of persons. TheAdministrator may also immediately suspend a user'sdischarge, after notice and opportunity to respond, thatthreatens to interfere with the operation of the POTW, orwhich presents, or may present, an endangerment to theenvironment.

i. Any user notified of a suspension of its dischargeshall immediately stop or eliminate its discharge. In the event of the user's failure to immediatelycomply voluntarily with the suspension order, theAdministrator may take such steps as deemednecessary, including immediate severance of thesewer connection, to prevent or minimize damage tothe POTW, its receiving stream, or endangerment toany individuals. The Administrator may allow theuser to recommence its discharge when the user hasdemonstrated to the satisfaction of theAdministrator that the period of endangerment haspassed, unless the termination proceedings in §15-103(I)(1) of this ordinance are initiated againstthe user.

ii. A user that is responsible, in whole or in part,for any discharge presenting imminent endangermentshall submit a detailed written statement,describing the causes of the harmful contributionand the measures taken to prevent any futureoccurrence, to the Administrator prior to the date

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of any show cause or termination hearing under §15-103(I)(E) or (I)(J) of this ordinance.

iii. Nothing in this section shall be interpreted asrequiring a hearing prior to any emergencysuspension under this section.

i. Termination of Discharge - In addition to the provisionsin §15-102(IV)(B) through (F) of this ordinance, any userwho violates the following conditions is subject totermination of discharge:

i. Violation of Wastewater Discharge Permitconditions;

ii. Failure to accurately report the Wastewaterconstituents and characteristics of its discharge;

iii. Failure to report significant changes in operationsor Wastewater volume, constituents, andcharacteristics prior to discharge;

iv. Refusal of reasonable access to the user's premisesfor the purpose of inspection, monitoring, orsampling; or

v. Violation of the pretreatment standards in §15-101(V) or §15-102(II) of this ordinance. Such userwill be notified of the proposed termination of itsdischarge and be offered an opportunity to showcause under §15-103(I)(E) of this ordinance why theproposed action should not be taken. Exercise ofthis option by the Administrator shall not be a barto, or a prerequisite for, taking any other actionagainst the user.

j. Any Person violating any of the provisions of thisordinance shall become liable to the County for anyexpense, loss, or damage occasioned the County by reasonsof the violation.

2. Judicial Enforcement Remedies

a. Injunctive Relief - When the Administrator finds that auser has violated, or continues to violate, any provisionof this ordinance, a Wastewater Discharge Permit, ororder issued hereunder, or any other PretreatmentStandard or Pretreatment Requirement, the Administratormay petition the Recorders Court through the County'sAttorney for the issuance of a temporary or permanent

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injunction, as appropriate, which restrains or compelsthe specific performance of the Wastewater DischargePermit, order, or other requirement imposed by thisordinance on activities of the user. The Administratormay also seek such other action as is appropriate forlegal and/or equitable relief, including a requirementfor the user to conduct environmental remediation. Apetition for injunctive relief shall not be a baragainst, or a prerequisite for, taking any other actionagainst a user.

b. Civil Penalties

i. A user who has violated, or continues to violate,any provision of this ordinance, a WastewaterDischarge Permit, or order issued hereunder, or anyother Pretreatment Standard or PretreatmentRequirement shall be liable to the County for amaximum civil penalty of $1,000 per violation, perday. In the case of a monthly or other long-termaverage discharge limit, penalties shall accrue foreach day during the period of the violation.

ii. The Administrator may recover reasonable attorneys'fees, court costs, and other expenses associatedwith enforcement activities, including sampling andmonitoring expenses, and the cost of any actualdamages incurred by the County.

iii. In determining the amount of civil liability, theCourt shall take into account all relevantcircumstances, including, but not limited to, theextent of harm caused by the violation, themagnitude and duration of the violation, anyeconomic benefit gained through the user'sviolation, corrective actions by the user, thecompliance history of the user, and any otherfactor as justice requires.

Filing a suit for civil penalties shall not be a baragainst, or a prerequisite for, taking any other actionagainst a user.

c. Criminal Prosecution

i. A user who willfully or negligently violates anyprovision of this ordinance, a Wastewater DischargePermit, or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirementshall, upon conviction, be guilty of a misdemeanor,punishable by a fine of not more than $1,000.00 per

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violation, per day, or imprisonment for not morethan one (1) year, or both.

ii. A user who willfully or negligently introduces anysubstance into the POTW which causes personalinjury or property damage shall, upon conviction,be guilty of a misdemeanor and be subject to apenalty of at least $1,000.00, or be subject toimprisonment for not more than one (1) year, orboth. This penalty shall be in addition to anyother cause of action for personal injury orproperty damage available under State law.

iii. A user who knowingly makes any false statements,representations, or certifications in anyapplication, record, report, plan, or otherdocumentation filed, or required to be maintained,pursuant to this ordinance, Wastewater DischargePermit, or order issued hereunder, or whofalsifies, tampers with, or knowingly rendersinaccurate any monitoring device or method requiredunder this ordinance shall, upon conviction, bepunished by a fine of not more than $1,000.00 perviolation, per day, or imprisonment for not morethan one (1) years, or both.

iv. In the event of a second conviction, a user shallbe punished by a fine of not more than $3,000.00per violation, per day, or imprisonment for notmore than three (3) years, or both.

d. Remedies Nonexclusive - The remedies provided for in thisordinance are not exclusive. The Administrator may takeany, all, or any combination of these actions against anon-compliant user. Enforcement of pretreatmentviolations will generally be in accordance with theCounty's enforcement response plan. However, the Administrator may take other action against any user whenthe circumstances warrant. Further, the Administrator isempowered to take more than one enforcement actionagainst any noncompliant user.

3. Supplemental Enforcement Action

a. Performance Bonds - The Administrator may decline toissue or reissue a Wastewater Discharge Permit to anyIndustrial User who has failed to comply with anyprovision of this ordinance, a previous WastewaterDischarge Permit, or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirement, unlesssuch Industrial User first files a satisfactory bond,

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payable to the County, in a sum not to exceed a valuedetermined by the Administrator to be necessary toachieve consistent compliance.

b. Liability Insurance - The Administrator may decline toissue or reissue a Wastewater Discharge Permit to anyIndustrial User who has failed to comply with anyprovision of this ordinance, a previous WastewaterDischarge Permit, or order issued hereunder, or any otherPretreatment Standard or Pretreatment Requirement, unlessthe Industrial User first submits proof that it hasobtained financial assurances sufficient to restore orrepair damage to the POTW caused by its discharge.

c. Water Supply Severance - Whenever an Industrial User hasviolated or continues to violate any provision of thisordinance, a Wastewater Discharge Permit, or order issuedhereunder, or any other Pretreatment Standard orPretreatment Requirement, water service to the IndustrialUser may be severed. Service will only recommence, atthe Industrial User's expense, after it hassatisfactorily demonstrated its ability to comply.

d. Contractor Listing - Industrial Users which have notachieved compliance with applicable pretreatmentstandards and requirements are not eligible to receive acontractual award for the sale of goods or services tothe County. Existing contracts for the sale of goods orservices to the County held by an Industrial User foundto be in Significant Noncompliance with PretreatmentStandards or Pretreatment Requirements may be terminatedat the discretion of the Administrator.

4. Affirmative Defenses to Discharge Violations

a. Upset

i. For the purposes of this section, “upset” means anexceptional incident in which there isunintentional and temporary noncompliance withcategorical Pretreatment Standards because offactors beyond the reasonable control of theIndustrial User. An upset does not includenoncompliance to the extent caused by operationalerror, improperly designed treatment facilities,inadequate treatment facilities, lack of preventivemaintenance, or careless or improper operation.

ii. An upset shall constitute an affirmative defense toan action brought for noncompliance with

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categorical Pretreatment Standards if therequirements of paragraph (3), below, are met.

iii. An Industrial User who wishes to establish theaffirmative defense of upset shall demonstrate,through properly signed, contemporaneous operatinglogs, or other relevant evidence that:

(1) An upset occurred and the Industrial User canidentify the cause(s) of the upset;

(2) The facility was at the time being operated ina prudent and workman-like manner and incompliance with applicable operation andmaintenance procedures; and

(3) The Industrial User has submitted thefollowing information to the Administratorwithin twenty-four (24) hours of becomingaware of the upset. If this information isprovided orally, a written submission must beprovided within five (5) days:

(a) A description of the indirect dischargeand cause of noncompliance;

(b) The period of noncompliance, includingexact dates and times or, if notcorrected, the anticipated time thenoncompliance is expected to continue;and

(c) Steps being taken and/or planned toreduce, eliminate, and prevent recurrenceof the noncompliance.

iv. In any enforcement proceeding, the Industrial Userseeking to establish the occurrence of an upsetshall have the burden of proof.

v. Industrial Users will have the opportunity for ajudicial determination on any claim of upset onlyin an enforcement action brought for noncompliancewith categorical Pretreatment Standards.

vi. Industrial Users shall control production of alldischarges to the extent necessary to maintaincompliance with categorical Pretreatment Standardsupon reduction, loss, or failure of its treatmentfacility until the facility is restored or analternative method of treatment is provided. This

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requirement applies in the situation where, amongother things, the primary source of power of thetreatment facility is reduced, lost, or fails.

b. Prohibited Discharge Standards - An Industrial User shallhave an affirmative defense to an enforcement actionbrought against it for noncompliance with the generalprohibitions in §15-101(V) or §15-102(II) of thisordinance if it can prove that it did not know, or havereason to know, that its discharge, alone or inconjunction with discharges from other sources, wouldcause pass through or interference and that either:

i. A local limit exists for each Pollutant dischargedand the Industrial User was in compliance with eachlimit directly prior to, and during, the passthrough or interference; or

ii. No local limit exists, and the discharge did notchange substantially in nature or constituents fromthe Industrial User's prior discharge when theCounty was regularly in compliance with its NPDESpermit, and in the case of interference, was incompliance with applicable sludge use or disposalrequirements.

c. Bypass

i. For the purposes of this section,

(1) “Bypass” means the intentional diversion ofwaste streams from any portion of anIndustrial User's treatment facility.

(2) “Severe property damage” means substantialphysical damage to property, damage to thetreatment facilities which causes them tobecome inoperable, or substantial andpermanent loss of natural resources which canreasonably be expected to occur in the absenceof a bypass. Severe property damage does notmean economic loss caused by delays inproduction.

ii. An Industrial User may allow any bypass to occurwhich does not cause pretreatment standards to beviolated, but only if it is for essentialmaintenance to assure efficient operation. Thesebypasses are not subject to the provisions ofparagraphs (3) and (4) of this section.

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iii. a) If an Industrial User knows in advance of theneed for a bypass, it shall submit prior notice tothe Administrator, at least ten (10) days beforethe date of the bypass, if possible. b) AnIndustrial User shall submit oral notice to theAdministrator of an unanticipated bypass thatexceeds applicable pretreatment standards withintwenty-four (24) hours from the time it becomesaware of the bypass. A written submission shallalso be provided within five (5) days of the timethe Industrial User becomes aware of the bypass. The written submission shall contain a descriptionof the bypass and its cause; the duration of thebypass, including exact dates and times, and, ifthe bypass has not been corrected, the anticipatedtime it is expected to continue; and steps taken orplanned to reduce, eliminate, and preventreoccurrence of the bypass. The Administrator maywaive the written report on a case-by-case basis ifthe oral report has been received within twenty-four (24) hours after the bypass occurred.

iv. a) Bypass is prohibited, and the Administrator maytake an enforcement action against an IndustrialUser for a bypass, unless

(1) Bypass was unavoidable to prevent loss oflife, personal injury, or severe propertydamage;

(2) There were no feasible alternatives to thebypass, such as the use of auxiliary treatmentfacilities, retention of untreated wastes, ormaintenance during normal periods of equipmentdowntime. This condition is not satisfied ifadequate back-up equipment should have beeninstalled in the exercise of reasonableengineering judgment to prevent a bypass whichoccurred during normal periods of equipmentdowntime or preventive maintenance; and

(3) The Industrial User submitted notices asrequired under paragraph 3 of this section.

(4) The Administrator may approve an anticipatedbypass, after considering its adverse effects,if the Administrator determines that it willmeet the conditions listed in paragraphs4(a)(I) of this section.

§15-104 Wastewater Treatment Rates.

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1. Rates for water and sewer charges, surcharges for excessiveconcentration of pollutants, and industrial and domesticwastehaulers charges shall be included in the County’s RevenueOrdinance.

The County may adopt reasonable fees for reimbursement ofcosts of setting up and operating the County's PretreatmentProgram which may include:

a. Fees for Wastewater Discharge Permit applicationsincluding the cost of processing such applications;

b. Fees for monitoring, inspection, and surveillanceprocedures including the cost of collection and analyzingan Industrial User's discharge, and reviewing monitoringreports submitted by Industrial Users;

c. Fees for reviewing and responding to accidental dischargeprocedures and construction;

d. Fees for filing appeals; and

e. Other fees as the County may deem necessary to carry outthe requirements contained herein.

These fees relate solely to the matters covered by thisordinance and are separate from all other fees, fines, andpenalties chargeable by the County.

§15-105 Savings Clause. If any provision, paragraph, word,section or article of this Ordinance is invalidated by anyCourt of competent jurisdiction, the remaining provisions,paragraphs, words, sections, and articles shall not beaffected and shall continue in full force and effect.

§15-106 Conflict. All ordinances and parts of Ordinancesinconsistent or conflicting with any part of this Ordinanceare hereby repealed to the extent of such inconsistency orconflict.

§15-107 Effective Date. This ordinance shall be in full forceand effect from and after its passage, approval, andpublication, as provided by law. (Adopted November 16, 2001).

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ARTICLE II

Water Systems

§15-201 Definitions and General Responsibilities.

1. Definitions. As used in this Ordinance, unless a differentmeaning is apparent from the context:

a. Department means the Chatham County Public WorksDepartment.

b. Owner means a person who owns real property, or hisemployee or agent.

c. Premises includes land and all types of structurethereon.

d. System includes all real and personal property used bythe Department.

e. Tenant means any person other than the owner as abovedefined who has possession or the right of possession ofreal property.

f. Community Water System means a public water system whichserves at least 15 service connections used by year-roundresidents.

g. Non-community Water Systems means a public water systemthat is not a community water system. These systemsserve the transient public and may include hotels,motels, restaurants, campgrounds and service stations,but may also include some schools, factories andchurches.

2. General Responsibilities.

a. Public Works Department. The Department shall operateand maintain all physical facilities comprising the watersystems acquired by the Commissioners of Chatham County.

b. County Engineer. The County Engineer shall review andapprove all plans and specifications for construction ofall classes of community and non-community water systemsprior to their being forwarded to the State EnvironmentalProtection Division.

c. Environmental Protection Division. The EnvironmentalProtection Division shall review and approve all plansand specifications for construction of all classes of

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community and non-community water systems as required bythe State Code.

§15-202 Connections to Water Systems, Meter and Meter Boxes

1. a. In new construction, the developer shall install thewater service and place the meter box at the end of theservice at the right-of-way line. The Department shallinstall the meter after service has been requested. TheDepartment shall maintain the proper operation of allmeters. No repairs shall be made other than by theDepartment or their designee.

b. Where there are existing lots of record, and an existingwatermain without services in front of the lots, then theDepartment shall install the water service and the watermeter and box after the service has been requested. Ifthe Department must bore the road to provide the servicethe owner shall pay the cost of the bore plus the normalservice fee.

c. Where there is to be a new subdivision, from one lot intotwo or more lots, and the water main is already frontingthe lots, then it shall be the developer's responsibilityto have the services installed with the meter box at nocost to the County. Upon receipt of a service request,the Department shall install the meter as in (a.) above.

2. Cross Connections.

a. No connection shall be made between the County's watersystems and that of any other water supply except bywritten permission from the Department and with theinstallation of a backflow prevention device approved bythe County Public Health Department.

b. The County shall have the right to discontinue service incases where an illegal connection is found and to assessan average bill for such period as it has beenestablished that the user has been receiving servicewithout payment for same.

c. The water service pipe for any building, lot or premises,shall not be laid over or through any other building, lotor premises unless approved easement is obtained. Noperson shall connect or cause to be connected anybuilding, lot or premises with the water service pipebelonging to or supplying any other building, lot orpremises except that other outbuildings in the rear ofthe building used in connection with same may be suppliedfrom the same service pipe. For any violation of this

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subsection, the service may be discontinued until same iscorrected.

3. Connection Interference.

a. No person shall connect or interfere with any publicwater connection or appurtenance thereof, without firstobtaining a written permit from the Department.

4. Connection maintenance

a. The property owner shall be responsible for maintenanceof water pipes connecting the building served with theoutlet side of the utility's meter.

5. Connection Excavations - Public and Pipe Protection.

a. All excavations for water installations shall beadequately guarded with barricades or lights, so as toprotect the public from hazard. Streets, sidewalks,parkways, and other public property disturbed in thecourse of the work done shall be restored in a mannersatisfactory to the County. A bond shall be posted inadvance.

b. Any person who may open the streets or roadways in whichthere are water pipes of the system shall provide for thecovering and protection of such pipes where they areexposed by such opening, and the covering and protectionshall be such as to preserve the pipes and prevent samefrom freezing or breaking or from injury in any manner. This regulation shall apply to all water pipes, mains,laterals, services, and connections, whether for meter orotherwise.

6. Extending Pipes or Adding Fixtures Without Permission.

a. It shall be unlawful for any person to make any changesin water pipes or fixtures, either by extending suchpipes to other premises, or within the premises to whichwater is supplied, which will in any way effect a changein the water rates, without first securing a permit fromthe Department specifying the nature of the change to bemade, such as the number of fixtures, connections and thelike. Before such work has been executed, such personshall make an immediate report to the Department of allwork to be done by him.

7. Water Meter and Boxes.

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a. A water meter and meter box shall be placed by the Countyor Developer near the property line of the property ownerdesiring service. The Department shall maintain theproper operation of all meters. No repairs shall be madeother than by the Department or its designee.

b. The applicant or other customer who is authorized by theapplicant to use the water under the applicant's contractshall at all times keep the meter boxes unobstructed. The County, acting through its authorized representative,shall have unobstructed access to each meter installed onthe service or services of the applicant. It is unlawfulfor any person to do anything or cause anything to bedone to a water meter or its connections that will resultin a loss to the County of its lawful revenue expectedfrom the sale of water through the meter so disturbed.

§15-203 Interfering With Waterworks System: Tapping, Using WaterWithout Permission, Selling or Giving Away Water from aPrivate Well.

1. Interfering with Water Works System.

a. No person shall interfere with any of the wells, watermains, pipes, hydrants, meters or connections of thewater works systems.

2. Using water without permission.

a. No person shall make any connection by tapping the mainsor pipes or otherwise, without permission of theDepartment, nor permit any such connections or tappingsto be made on premises in is control as owner or tenant,not use water from such unauthorized connections, norsupply water through such unauthorized connectionswithout a permit from the Department for use of suchwater.

3. Selling or Giving Away Water From a Private Well.

a. It shall be unlawful for any person to run connectinglines from a well on his premises for the purpose ofsupplying water by either selling or giving away topremises not under his control, without writtenpermission from the Department. No owner or tenant shalluse such water without written permission from theDepartment. This section in no manner is intended toreference to privately owned and approved licensed watersystems.

§15-204 Turning Water On - Turning Water Off.

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1. Turning On/off Water by Person Other Than County Employee.

a. It shall be unlawful for any person other than anemployee of the Department to turn water into any servicepipe, except for the purpose of testing work. If suchtesting is done, the water must be turned off immediatelyafter the work is finished, and in no case must the waterremain on for more than three hours without a permit fromthe Department.

b. It shall be unlawful for any person to take or use waterfrom any fire hydrant, valve, pipe, other device orfixture, opening or connection of the system or to openany such hydrant, valve, pipe or other fixture for thepurpose of taking or using water, unless such personshall have permission of the Department, or is anemployee of the County is acting in the discharge of hisduty as such. No person to whom a permit is issued forthe use of water for any purpose whatever, includingconstruction purposes, tamping, irrigating, testing,flushing and the like, shall use or consent to the use ofwater not authorized by permit from the Department.

§15-205 Water Supply and Emergency Powers.

1. Water Supply and Water Pressure. The County shall notguarantee an uninterrupted supply of water or water at anyparticular pressure for any purpose, and reserves and shallhave the right to shut off the water in its mains at any timefor the purpose of making repairs or extensions or for otherpurposes incidental to the public water supply and will not beresponsible for any damage caused by low pressure.

2. Emergency Powers. In the event of an emergency, Public Works,with the concurrence of the County Manager, shall immediatelyemploy any remedial means necessary to protect life, propertyor the general health, and safety of the water customers orgeneral public as related to the provision of water services.

3. The Department is authorized and empowered to implement waterconservation measures such as imposing outdoor water userestrictions as may be recommended by State officials duringsuch times and days as deemed necessary in any area served bythe County water system. When such water use restrictions areimposed, customers will be required and expected to meetconditions of the restrictions. Notice of water restrictionsmay be given through the public media and published in thelegal organ of the County. (Amended July 9, 2004)

15-206 Construction of New Water Systems and Extensions ofExisting Systems.

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1. Application and Regulations.

a. Any developer or agency desiring to construct a watersystem within the unincorporated area of Chatham Countyshall provide the following:

(1) Legal description of land to be served.

(2) Scope and timing of project.

(3) Detailed plans and specifications.

(4) Proposed schedule or construction.

(5) Detailed estimates of cost.

(6) A letter of intent to construct such facilities, asevidenced by the plans and specifications, fordedication to the County, at no cost to the County,and agreeing.

(a) That the County shall become automaticallyvested with the right to enter the propertyfor purpose of inspecting the construction and

(b) To dedicate at no cost to the County, anyeasement or property deemed necessary by theCounty to the continued operation of theproject.

(7) A letter from the Developer's engineerguaranteeing:

(a) Notification to the County's designee of startof construction at least seven days inadvance.

(b) Submission of reproducible as-built planswithin thirty days after completion ofconstruction, and

(c) Submission with the water design provision forfire flow in addition to domestic flow.

(d) Submission to the County prior to constructionof copies of all approvals and/or permitrequired by other agencies (Federal, State,County) necessitated by the construction.

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Upon approval of this submission by the County Engineer,the developer may proceed with the construction of theproject subject to the provisions of this section.

2. Extension of Existing Distribution System.

a. Requests for Service. When the owner or developer of aproperty desires water service from the County, andaccess to such service requires the installation ofwatermains, approval of construction drawings by CountyEngineer is required from the owner or developer as wellas require the owner/developer to pay the cost of suchinstallations, and the payment of such cost shall beguaranteed by appropriate surety. Payment of such costshall be either by payment of a surcharge fee for eachdwelling unit or dwelling unit equivalent or by cashpayments. Provided, however, that when the Countydetermines that the access facilities to be installedshould be sized to provide a greater capacity than neededto serve the property in question, then the County shallparticipate in the cost of installing such facilities inthe amount of marginal difference in the cost betweencost of installing a main eight inch or larger indiameter needed to provide the capacity to serve only theproperty in question and the enlarged capacity requiredfor extending water service beyond the property whichservice is sought.

b. Surcharge Fee. Recoverable cost to be charged as asurcharge fee for extending water service shall include,if any, engineering costs, construction costs, right-of-way costs, interest costs and other costs, directlyassociated with extending water mains, provided however,overhead costs including administrative legal or otherservice which the County can provide with its staff shallnot be included in recoverable costs.

§15-207 Responsibilities of County and Developer.

1. Responsibility of County.

a. The County Engineer, with the approval of the CountyCommissioners, may negotiate with the Developer forproviding the water source, including drilling the well,providing the pump and pumphouse, chlorination equipmentand other appurtenant facilities.

2. Responsibility of the Developer.

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a. The Developer shall be responsible for installing alldistribution lines, laterals and fire hydrants inaccordance with the Chatham County codes.

§15-208 Conveyance of Title. Upon completion of the constructionand performance as required and receipt by the County of theaforementioned documents, and proof of sterilization of thewater mains by the County Health Department, the Developershall execute any deeds, easements, or other legal documentsnecessary to convey title of the utility construction to theCounty. The project shall not be placed in use until finalacceptance by the County. All mains shall be blocked byclosed valve or plug until such acceptance.

§15-209 Option. At its option, the Chatham County Commissionersmay allow a Developer to operate and maintain water systemssupplying water to less than twenty-five (25) housing units ormobile units.

§15-210 Distribution System.

1. Minimum Water Supply, Adequacy and Pressure.

a. A water supply shall be capable of furnishing at alltimes the instantaneous demand flow of water required andto maintain pressure of twenty (20) pounds PSI at eachservice connection in the distribution system under allconditions of flow.

§15-211 Main Sizes, Valves, Distribution of Hydrants.

1. Main Sizes and Valves.

a. The distribution mains and the placement of valvessupplying a residential district shall conform with goodengineering practices.

b. Arrangements and size of mains shall be sufficient toprovide fire protection and must conform with thestandards set by the National Fire Protection Associationand the Insurance Service Office. Under anycircumstance, the minimum residential flow from a hydrantshall be 500 GPM.

2. Distribution of Hydrants.

a. Fire hydrants in residential areas should be spaced sothat no house is farther away than 500 feet from ahydrant.

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§15-212 Possession of Key to Fire Hydrant. It shall be unlawfulfor any person to have in his possession any key to any firehydrant, except such key as may be furnished by theDepartment.

§15-213 Penalties and Liabilities.

1. Penalties for Violation.

a. Failure to comply with any of the requirements andprovisions of these regulations including violation ofconditions and safeguards established in connection withgrants or variance or special exception, shall constitutea violation of this Ordinance. Any person who violatesthis Ordinance or fails to comply with any of itsrequirements shall, upon conviction thereof, be fined notmore than $500 or imprisoned for not more than 30 days,or both, and in addition, shall pay all costs andexpenses involved in the case. The owner of land uponwhich a violation occurs and each person assisting in thecommission of a violation shall be guilty of a separateoffense. Each day during which the violation or failureto comply continues shall be a separate violation.

b. The court shall have the power and authority to place anyperson found guilty of violating this Ordinance onprobation and to suspend or modify any fine or sentence. As a condition of said suspension, the court may requirepayment of restitution or impose other punishment allowedby law. Nothing herein contained shall prevent ChathamCounty from taking such other lawful action as isnecessary to prevent or remedy any violation of thisOrdinance.

2. Damaging, Destroying Facilities Prohibited.

a. No person shall maliciously or willfully damage ordestroy or uncover any part of the water system of theCounty. Violation of this section shall constitute amisdemeanor.

3. Failure to Comply With Notice to Correct.

a. Any person violating any of the provisions of thisOrdinance shall be guilty of a misdemeanor. Each day inwhich any such violation shall continue shall be deemeda separate misdemeanor.

4. Any person violating any of the provisions of this Ordinanceshall become liable to the County for any expense, loss ordamage occasioned by the County for reason of such violation.

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§15-214 Regulation for Water Service.

1. Application for Water Service.

a. All applications for water service shall be made inwriting on forms furnished by the County and properlyfilled out and signed by the owner or the tenant or theirduly authorized representatives. An application whenaccepted shall constitute a contract which shall bind theowner or tenant to pay to the County for servicesrendered its prescribed rate and to comply with all therules and regulations applicable to the service. (AmendedJuly 9, 2004)

2. Change of Ownership or Tenancy.

a. In the event of any change of ownership or tenancy of anypremises served by the County's water system, the newowner or tenant shall immediately notify the Departmentof the change in writing. If any new owner or tenantshall fail to give notice or shall fail to apply forservice, and if the prior owner or tenant shall havefailed to terminate his contract with the County forservice, the use of the services of the County's systemsshall be deemed to be an acceptance by the new owner ortenant of all of the contract obligations of the priorowner or tenant to the County, and the new owner ortenant shall continue to be subject to all provisions ofthis section as fully and completely as if the new owneror tenant had applied for service and the application hadbeen accepted by the County.

3. Termination of Service.

a. An applicant for water service may terminate his contractfor such service at any time by giving notice, inwriting, to the Department, and by paying all amounts duefor services up to the date of receipt by the County. Incase the notice is not given, the user shall continue tobe liable for service provided thereafter and for theminimum monthly rate or charge in case no water isconsumed, even though he may vacate the premises or thepremises may be occupied by other parties who fail tomake application for service. Verbal notices shall notbe binding upon the County.

4. Right of Entry for Meter Reading and Other Purposes.

a. The employees of the Department and/or designee shallhave the right at all hours to enter upon the premiseswhere County water is used for the purpose of inspecting,

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setting, reading and repairing meters, turning water offor on and enforcing the Ordinance and rules of the Countyor regulating water service in any manner necessary. Ifany water user, whether owner or tenant, should refuse toallow entrance upon any premises for the purpose hereinstated, the water shall be cut off from such premisesuntil the requirements of this section shall be compliedwith.

b. No person shall obstruct, cover up or hide any watermeter, proportional register or any water indicating orrecording device so that the inspector or meter reader orother employee of the Department cannot find or reachsuch meter or device.

c. If the meter is out of order and fails to register, theconsumer shall be charged according to the average dailyconsumption shown by the meter when it was in order.

§15-215 Grounds for Discontinuation of Service.

1. Any water service may be discontinued by the Department for:

a. Failure to pay for service within the prescribed period.

b. Misrepresentation or concealment in the application as tothe premises or the use to be made of such service.

c. Waste or excessive use of water through improper orimperfect pipes, fixtures or appliances or any othermanner.

d. Refusal or neglect to comply with any requirement of theDepartment as to meter or service connection,maintenance, alteration or renewal or other requirementrelating to the water services of the County.

e. Use of water services for or in connection with or forthe benefit of any user or purpose other than asdescribed in the application.

f. Any interference or tampering with the meter measuringwater supply or with the seals of any meter or with anyportion of the system which was or is required by theDepartment for controlling or regulating the utilityservice.

§15-216 Administration of Ordinance. The Department or theOffice of the County Engineer shall administer and enforce theprovisions of this Ordinance.

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1. Duties of the Department of the Office of the County Engineer.

a. The Department shall have, among other things, thefollowing duties:

(1) To operate, maintain and monitor the physicalfacilities comprising the County water system.

(2) To advise violators of the regulations contained inthe Ordinance, and failing to correct, penalize orcite as necessary and/or collect the penalties asrecited in the schedule of rates and fees.

(3) To accept applications for connections and serviceand collect the applicable fees as detailed in theschedule of rates and fees.

(4) To review and approve all plans for community andnon-community water systems (Office of CountyEngineer).

(5) To read the meters and invoice the consumers forusage based on the schedule of rates and fees.

(6) To collect all fees and maintain appropriaterecords reflecting payment of same.

(7) To pursue all past due fees, penalties, and othermonies owed the County and as necessary submitrequests for warrants to the Municipal Court and/orissue executions for recording the Superior CourtClerk's office, Chatham County.

(8) The Department shall, also, have the power andauthority to make and publish reasonable rules andregulations not inconsistent with this Ordinance orother Ordinances of the County for theadministration and enforcement of the provisions ofthe Ordinance and for the collection of the feesand charges.

§15-217 Schedule of Rates, Fees and Penalties.

1. Rates, charges and fees shall be included in the CountyRevenue Ordinance and are subject to change by theCommissioners of Chatham County. The deposit for active dutymilitary personnel shall be waived. (Amended July 9, 2004)

2. Any non-residential water customer and any residential housingcomplex of ten units or more may apply for a separate watermeter to serve an irrigation system or other use where, in the

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opinion of the Department, there is no possibility that any ofthe water passing through such meter will enter the Countysewer system. Such applicant shall pay all tap-in and meterinstallation fees and costs. The County shall have the rightto periodically inspect, any such system to confirm that nowater is entering the County sewer system. (Amended 12 April1996)

Upon specific application to the County, sewer charges shallbe limited to the base charge, plus consumption charges on amaximum of 5,000 cubic feet of water used bi-monthly throughany such meter dedicated solely to provide water to anirrigation system. Such charges shall be considered to besewer availability charges. Charges for water service shallinclude the water base charge and water consumption chargesfor the full amount of water used. (Amended 5 January 1990)

a. Sewer charges shall not be assessed on water enteringthrough a special meter for the purpose of processing aproduct. Sewer charges shall be limited only to thevolume of water returning to the sewer system fortreatment provided that the following conditions are metby a business which uses water in processing:

(1) The business shall install a meter acceptable tothe Engineering Department to measure the volume ofwaste water returning to the system at no cost toChatham County.

(2) The business shall assume full responsibility formaintenance of the flow meter used to measure thewater returning to the sewer system.

(3) The business shall provide Public Works free accessto the meter for checking as well as meter reading.

(4) The business shall make any needed repairs to theflow meter immediately upon any indication ofmalfunctioning.

(5) The business shall be assessed with sewer chargeson all water entering its plan through all metersif it does not immediately correct any problemswith the flow meter. (Amended 5 January 1990)

§15-218 Effect on Previous Ordinances or Agreements. ThisOrdinance does not repeal or effect the force of any part ofany Ordinance or Agreement heretofore passed where chargesassessed under such prior Ordinance or Agreement have not beenpaid in full. So much and such part shall continue and remainin force until such charges shall be paid in full.

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§15-219 Severability and Conflict. The provisions of thisOrdinance are severable. If any section of this Ordinance isdeclared unconstitutional, illegal or void, it shall notaffect or impair any of the remaining sections of thisOrdinance.

All Ordinances or parts of Ordinances in conflict with thisOrdinance are hereby repealed.

§15-220 Effective Date. This Ordinance shall become effective onJune 9, 1989.

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ARTICLE III

Shallow Irrigation Wells Deleted 5/11/90 (see new Article VI - Well Ordinance)

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ARTICLE IV

Drainage, Sanitation and Water

§15-401 Control of Drains, etc. The County of Chatham shall havea right-of-way in and to all the drainage canals, publicdrains and ditches in said county, outside of the corporatelimits of the City of Savannah, now used or which mayhereafter be acquired and used for public drainage andsanitary purposes. (1884-85 Ga. Laws 640)

§15-402 Same; Powers of Commissioners. The control and

management of said drainage canals, public drains and ditchesis hereby vested in the county commissioners of said county,and they are hereby empowered to regulate and control themanner of connecting therewith, upon the part of personsowning land adjacent thereto or through which the same mayrun, by trunks, culverts, etc. (1884-85 Ga. Laws 640, 641)

§15-403 Same; Care of Drains, etc. The county commissioners are

hereby authorized to compel all persons, through whose landsdrain ditches have been dug by the owners thereof, connectingwith said drainage canals, public drains or ditches, to keepthe same open and in good order and in harmony with thegeneral system of drainage in said county. (1884-85 Ga. Laws640, 641)

§15-404 Same; Toll Roads. The county commissioners are hereby

authorized, to compel the owner or owners of all toll roads insaid county to keep the ditches paralleled to and bordering ontheir respective roads open and in good condition. (1884-85Ga. Laws 640, 641)

§15-405 Same; Failure to Use Care. Upon failure of the owner or

owners of lands or of toll roads to do as provided in sections15-403 and 15-404, the county commissioners are herebyauthorized, after ten (10) days notice of such default to theowner or owners thereof, or his or their agent, to have the necessary work done at the expense of said owner or owners,and upon the completion of said work the said countycommissioners shall issue their execution for the cost thereofagainst the owner or owners, and the same rules andregulations as govern judicial sales. (1884-85 Ga. Laws 640, 641)

§15-406 Same; Penalty. Any and all persons who shall injure,

obstruct or otherwise interfere with any of said drainagecanals, public drains or ditches shall be deemed guilty of amisdemeanor, and upon conviction thereof in the State Court of

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Chatham County shall be punished as prescribed in O.C.G.A. 17-10-3 (1884-85 Ga. Laws 640, 641)

§15-407 Same; When Drains May be Required. The Commissioners ofChatham County are hereby authorized and empowered to compelall persons or corporations whose lands, in their judgment,are in an unsanitary condition and require drainage, to digand open drains or ditches, or lay under drains and connectthe same with the drainage canals, public drains or ditches ofsaid county, and to keep the same open and in good order. (1897 Ga. Laws 383)

§15-408 Same; Enforcement. Upon the failure or refusal of the

said owner or owners of lands to comply with the requirementsof section 20-607 the said county commissioners shall be, andthey are, hereby authorized to enforce said section in themanner prescribed in section 20-606. (1897 Ga. Laws 383)

§15-409 Waterworks, Sanitation and Sewerage Systems. For the

purpose of providing, construction and/or maintaining a systemor systems of waterworks and/or sewerage and/or sanitation inChatham County, Georgia outside the corporate limits of anymunicipality therein, the commissioners of Chatham County,Georgia, shall have the right and power to establish a systemor systems of waterworks and/or sewerage and/or sanitation and fix boundaries therefor. (1960 Ga. Laws 3175)

§15-410 Same; Contracts to Furnish Utilities. The Commissioners

of Chatham County, Georgia are hereby authorized to furnishwater and/or sewerage and/or sanitation in each of thedistricts established by contracting therefor with anycorporation, individual or any municipality in Chatham County,Georgia. (1960 Ga. Laws, 3175, 3176)

§15-411 Same; Rules and Regulations. The Commissioners of

Chatham County, Georgia, are hereby authorized to adopt andenforce rules and regulations for a system or systems ofwaterworks and/or sewerage and/or sanitation for ChathamCounty outside any municipality therein. (1960 Ga. Laws 3175,3176)

§15-412 Same; Tax Rate. The governing authorities of Chatham

County, Georgia are hereby authorized to levy a tax not toexceed five (5) mills upon the taxable property of suchdistricts to defray the cost of providing services of a systemor systems of waterworks and/or sewerage and/or sanitationwithin such districts. (1960 Ga. Laws 3175, 3176)

§15-413 Same; Use of Tax. The Commissioners of Chatham County,

Georgia shall expend sales taxes collected in each district

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established only in connection with the expense of maintaininga system or systems of waterworks and/or sewerage and/orsanitation in the district from which said tax is collected. (1960 Ga. Laws 3175, 3176)

§15-414 Waterworks System Authorized; Acceptance of Franchises.The County of Chatham shall have the right, power andauthority to operate, build and maintain a waterworks system,together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of watersupply and related facilities; to sell water and its relatedfacilities to individuals and private concerns and to furtherauthorize the said County of Chatham to accept franchises for that purpose granted by other municipalities to said County ofChatham. (1976 Ga. Laws 3676, Sec. 1)

Cross Reference. Waterworks, sanitation and sewerage systems,Section 15-409.

§15-415 Water Mains and Water Distribution Systems. The powers

granted by this Act shall authorize the County of Chatham tolay or construct water mains and water distribution systemswithin the limits of said county, and to issue water revenueanticipation certificates for such purposes as may beauthorized by law. (1976 Ga. Laws 3676, Sec. 2)

§15-416 Police Powers; Rules and Regulations. The said County of

Chatham shall have the right, power, and authority to exercisepolice powers over the entire water system and shall have theright and authority to make rules and regulations governingthe construction, operation and maintenance, extension andconnection with any water main within the limits of saidcounty, and shall have the right and authority to require allusers of water who connect with the water mains to installproper meters and make connections in accordance with therules and regulations provided therefor and shall have theright and authority to refuse to sell or furnish water to anyfirm, person, corporation or municipality who fails or refusesto comply with such rules and regulations as may bepromulgated for the operation of said water system. Nothingcontained herein shall be construed as requiring the county tofurnish water to any consumers if in the discretion of saidcounty it is not deemed feasible or desirable to do so. (1976Ga. Laws 3676, Sec. 3)

Cross Reference: Rules and regulations for waterworks, sewerage and sanitation, section 15-411.

§15-417 Water Closets and Privies Regulated. It shall be

unlawful for any person, persons, firm or corporation, to haveupon his premises, or to use, or to own or maintain for public

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use, any water closet or privy which shall not have been constructed, and/or is not used in the manner hereinafterprovided. All water closets and privies owned, maintainedand/or used in the County of Chatham, State of Georgia,outside the corporate limits of any municipality therein,shall be constructed and/or maintained and/or used as follows:

1. Water closets. All water closets shall be clean and sanitary,

their bowls shall be kept clean, shall have an adequate tankfor flushing, and shall be flushed after each use thereof.

2. Privies. All privies and outside water closets shall bescreened so that flies cannot get in them, and so constructedas to prevent the carriage of filth or disease therefrom andcomply with the plan approved by the Georgia State Health Department. (#38, 8/28/31)

§15-418 Open Pond Sewerage Systems. It shall be unlawful for any

person, firm or corporation within the confines of said countywithout the corporate limits of any municipality to install,construct and maintain an oxidation pond or similar open pondsewerage disposal system the nearest water's edge of which iswithin three hundred (300) feet of the property of anotherwithout the written consent of said abutting property owner.

In the event one or more of the adjoining landowners withinsaid 300 feet refuses to give his consent to the constructionand maintenance of said oxidation pond, and the person wishingto construct the pond (hereinafter called the "owner"), offersto purchase the same from said objecting landowner but saidobjecting landowner is unwilling to sell or wishes to sell foran unreasonable price, then the owner may, in his discretion,have the property of the non-consenting land-owner appraisedat its fair market value by the Savannah Real Estate Board at his expense and if said owner then offers to purchase theproperty of the non-consenting landowner for the value set bythe Savannah Real Estate Board and the non-consentinglandowner continues to refuse to sell for said price, then, upon presentation of said facts to the County Commissioners,the consent of the adjoining landowner may be waived by theCommissioners in their sole discretion.

Provided that no oxidation pond or similar open pond seweragedisposal system in operation at the time of the passage ofthis section shall be affected thereby. (#154, 5/24/63; #371,3/5/71)

§15-419 Permits for Diverting Drainage Canals. It shall be

unlawful for any person, firm, or corporation to obstruct, cutoff or divert any drainage canal or ditch in Chatham County,outside of the corporate limits of any municipality therein

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without first obtaining a permit from the CountyCommissioners. (#9, 8/28/53)

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ARTICLE V

Drainage Construction Cost Recovery

§15-501 Purpose. The purpose of the construction cost recoveryis for the County to recover the construction cost for theinstallation or the reconstruction of Publicly Owned DrainageSystems, serving multiple property owners. The County willrecover construction cost by means of a surcharge fee placedon a designated area being served by the drainage improvement.

§15-502 Definitions.

1. Designated area shall mean any area in the unincorporated areaof Chatham County within a single drainage basin as determinedby the County Engineer and as shown on a map or drawingprepared by the County Engineer for the purpose of drainageplanning.

2. County Cost or Costs shall mean the total amount of fundsexpended by the County for the installation or reconstructionof publicly owned drainage systems for a designated area plusthe labor charge which the County would have expended forinstallation or reconstruction of publicly owned drainagesystems had the County contracted for such labor.

3. Surcharge fee shall mean an amount equal to the costs of thenecessary drainage improvements, divided by the acreage in adesignated area being served by such drainage improvements.

§15-503 Surcharge Fee.

1. The County Engineer, in accordance with sound engineeringpractices, may design (or have designed) for a designatedarea, improved drainage facilities to relieve and/or toprovide for new development and its associated drainagerunoff.

2. A map or drawing depicting a designated area, along with thesurcharge fee to be assessed for any such designated area,shall be presented to the Board of County Commissioners ofChatham County for approval before any such fee shall becharged to any new development.

§15-504 Payment of Surcharge Fee. The surcharge fee or surchargefee as adjusted annually will be paid prior to the CountyEngineer's final approval and signing of a new subdivisionplat for single family, multifamily or commercial development. The surcharge fee will not apply to or be assessed against anyexisting developed land within a designated area unless and

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until such land is re-subdivided or used for the purpose ofnew or additional development. After the initial surchargefee has been established, the surcharge fee for subsequentdevelopment within a designated area shall be increasedannually by six percent (6%). The surcharge fee shall beapplied to all new development within a designated area untilall land within a designated area is subdivided or re-subdivided or the County's cost for the installation orconstruction of drainage facilities for the subject designatedarea is recovered, whichever occurs sooner. If a designatedarea develops in a manner different from the master plan asshown by the initial map or drawing of a designated area asdrawn by the County Engineer, the County Engineer shall havethe authority to require a developer who has obtained approvalfor development requiring drainage facilities/systems otherthan as shown on the initial master plan for a designated areato provide additional drainage structures and/or system,either on or off the developer's site, at no cost to theCounty.

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ARTICLE VI

Well Ordinance

§15-601 Constitutional and Statutory Authorization. The GeorgiaConstitution, Article 9, Section II - Home Rule for Counties,has delegated to the governing authority of each county the"legislative power to adopt clearly reasonable ordinances,resolutions, or regulations." The Legislature of the State ofGeorgia enacted as local law Act No. 1177 of 1984, (Vol. II,pp. 5050-5076) the Chatham County Government Enabling Act, asamended which authorizes the Board of Commissioners to enactappropriate ordinances and resolutions.

§15-602 Short Title and Jurisdiction. This Ordinance shall be knownand may be cited as the "Chatham County Well Ordinance.” Itshall apply to the unincorporated area of Chatham County,Georgia.

§15-603 Legislative Intent. It is the intent of the Board ofCommissioners to provide in this Ordinance for the applicationof standards and requirements for the siting, construction,operation, maintenance, and abandonment of all wells andboreholes and the connection of potable water users tocommunity water systems whenever available so as to protectthe public health and water resources of Chatham County.

§15-604 Definitions. As used in this part, the term:

1. Abandoned well means a well or borehole, the use of which hasbeen permanently discontinued, which is in such a state ofdisrepair that continued use for obtaining ground water or forother useful purposes is impracticable, or from which groundwater for useful purposes is not obtainable.

2. Administrator means the staff person designated to administerand implement the provisions of this Ordinance. TheInspections Department Director is hereby designated as the"administrator."

3. Aquifer means a geologic formation, group of formations, or apart of a formation that is capable of yielding water to awell.

4. Borehole means a hole made into the earth's surface andextending at least 50 feet into the earth or at least ten feetbelow the water table, whichever is greater, with a drill,auger, or other tool for the purpose of: exploring subsurfacestrata in search of minerals, engineering or geologic data,water for water supply, blasting purposes, or monitoring.

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5. Business license means a Chatham County license to do businessas prescribed in the Code of Chatham County, Business LicenseProvisions Section 16-601.

6. Capping or cap means the temporary placing of a watertightseal on the upper terminal of a completed well so that nosurface pollutants can enter the well.

7. Casing means an impervious durable pipe placed in a well toprevent the walls from caving and to seal off surface drainageor undesirable water, gas, or other fluids to prevent themfrom entering the well and includes specifically, but is notlimited to, the following:

a. Liner pipe which shall mean a well casing installedwithout driving a protective casing or open drillhole;

b. Protective casing which shall mean the permanent casingof the well; and

c. Temporary casing which shall mean a temporary casingplaced in soft, sandy, or caving subsurface formations toprevent the hole from caving during drilling.

8. Construction means all acts necessary to construct a well orborehole for any intended purpose or use, including locatingand drilling, but excluding the installation of pumps andpumping equipment.

9. Contaminant means any physical, chemical, biological, orradiological substance or matter in water, in excess ofnaturally occurring levels.

10. Containment Device means a device that is designed to containan unauthorized release of a hazardous material, retain it forcleanup, and prevent released materials from penetrating intothe ground. (Amended August 27, 1999)

11. Continuous Transit means the nonstop movement of a mobilevehicle. (Amended August 27, 1999)

12. Corehole means a borehole made into the earth's surface andextending at least 50 feet into the earth or at least ten feetbelow the water table, whichever is greater, with a hollowdrill to sample a cylindrical section of the earth's stratabeneath the surface of the land or water.

13. Council means the State Water Well Standards Advisory Council.

14. Dewatering well means any well withdrawing 100,000 gallons ofground water or less on any one day in order to remove ground

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water from the vicinity of an excavation and which extends atleast 50 feet into the earth or at least ten feet below thewater table, whichever is greater.

15. Director means the Director of the Environmental ProtectionDivision of the Department of Natural Resources, State ofGeorgia, or his designee.

16. Division or GEPD means the Environmental Protection Divisionof the Department of Natural Resources, State of Georgia.

17. Driller means any person who engages in drilling or drillingoperations.

18. Drilling or drilling operation means creating an excavation,well, borehole, or corehole by coring, boring, jetting,digging, driving, or otherwise constructing for any intendedpurpose or use, including locating, testing, or withdrawingground water which is intended or usable as a source of watersupply.

19. Engineering borehole means a borehole for which the primarypurpose is to collect data for engineering design.

20. Filled, sealed, and plugged means the placing of imperviousmaterial when appropriate in the well or borehole to preventpollutants from entering the subsurface strata or water-bearing formations from the surface, to conserve the aquiferyield or artesian head, or to eliminate physical hazards.

21. Floridan Aquifer means that geologic formation made oflimestone located throughout Chatham County at a depth ofapproximately 200 feet on Wilmington Island to 300 feet at thesouthwestern end of the County and which is used as theprimary supply of potable drinking water and industrial water.

22. Geologic borehole means any borehole not regulated under theauthority of Part 2 of Article 2 of Chapter 4 of O.C.G.A.Title 12 for which the primary purpose is to collect data forgeologic, geophysical, or mineral resource evaluations.

23. Ground water means water of underground streams, channels,artesian basins, reservoirs, lakes, and other water under thesurface of the earth, whether public or private, natural orartificial, which is contained within, flows through, orborders upon this State or any portion thereof, includingthose portions of the Atlantic Ocean over which the State hasjurisdiction.

24. Hazardous Waste or Hazardous Material means any waste ormaterial which because of its quantity, concentration, or

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physical, chemical, or infectious characteristics may:(Amended August 27, 1999)

a. Cause or significantly contribute to an increase inmortality or an increase in serious irreversible orincapacitating reversible illness; or (Amended August 27,1999)

b. Pose a substantial present or potential hazard to humanhealth or to the environment when improperly treated,stored, transported, disposed, or otherwise managed.(Amended August 27, 1999)

25. Individual water well means any well constructed for thepurpose of obtaining ground water to supply water appurtenantto a single-family dwelling and intended for domestic use,including, but not limited to, household purposes, farmlivestock, or gardens.

26. Industrial well means any well constructed for the purpose ofwithdrawing 100,000 gallons of ground water or less on any oneday for processing or cooling water or for purposes other thandrinking water.

27. Inorganic Contaminants means compounds that do not containcarbon, e.g., nitrogen and phosphorus nutrients, heavy metals,sodium, and chloride. (Amended August 27, 1999)

28. Irrigation well means any well constructed for the purpose ofobtaining ground water to supply irrigation water foragriculture, silviculture, golf courses, fish farms, and landbeautification, but excluding single-family irrigation oflawns or gardens.

29. Irrigation well, residential means any well constructed forthe purpose of obtaining ground water to supply irrigationwater for residential irrigation of lawns or gardens but notfor human consumption or domestic household use. Residentialirrigation wells are normally shallow wells of less than 100feet depth.

30. Monitoring well means any well for which the primary purposeis to collect data for hydrologic, geohydrologic, or groundwater quality or quantity evaluations.

31. Nonpublic water well means any well constructed as a source ofpotable water supply for a water system which provides pipedwater to the public for human consumption, if such system hasless than 15 service connections or regularly serves less than25 individuals, excluding individual water wells.

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32. Organic Compounds means any molecules containing carbon, e.g.,petroleum-based and hydrocarbon-based products, PCBs,pesticides, and other volatile and semi-volatile compoundssuch as benzene, napthalenes and phenols. (Amended August 27,1999)

33. Owner means the legal owner of the land upon which the well isbeing excavated.

34. Person means any individual, partnership, association, trust,firm, corporation, county, municipality, or other entity,including the State and the federal government.

35. Pollutant means dredged spoil, solid waste, incineratorresidue, sewage, garbage, sewage sludge, munitions, chemicalwastes, biological materials, radioactive materials, heat,wrecked or discarded equipment, rock, sand, cellar dirt,industrial wastes, municipal wastes, agricultural wastes, orany other wastes or substances that do not naturally occur inthe aquifer.

36. Potable Water Supply means any water used or intended to beused for drinking, bathing, culinary, or other personalpurposes. (Amended August 27, 1999)

37. Professional engineer means a person registered to practiceprofessional engineering the State of Georgia in accordancewith Chapter 15 of Title 43.

38. Professional geologist means a person registered to practiceas a geologist in the State of Georgia in accordance withChapter 19 of Title 43.

39. Public water system means a system that provides piped waterfor human consumption, if such system has at least fifteenservice connections or regularly serves an average of at leasttwenty-five individuals daily at least 60 days out of theyear. Such term includes (1) any collection, treatment,storage, and distribution facilities under control of theoperator of such system and used primarily in connection withsuch system, and (2) any collection or pretreatment storagefacilities not under such control which are used primarily inconnection with such system. A public water system is eithera “community water system” or a “non-community water system.”

a. Community water system means a public water system whichserves at least 15 service connections used by year-roundresidents or regularly serves at least 25 year-roundresidents.

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b. Non-community water system means a public water systemthat is not a community water system. Some non-communitywater systems may be further classified as “non-transient, non-community water systems.”

c. Non-transient, non-community water system means a publicwater system that is not a community water system andthat regularly serves at least 25 of the same people oversix months per year.

40. Public Water System Wellhead Protection Zone means the surfaceand subsurface area surrounding a water well or well fieldsupplying a potable public water system, through whichcontaminants are reasonably likely to move toward and reachsuch well or well field. (Amended August 27, 1999)

41. Sanitary Landfill means a disposal site where solid wastes,including putrescible wastes or hazardous wastes, aredisposed on land by placing earth cover thereon. (AmendedAugust 27, 1999)

42. Seismic shot hole means any borehole in which explosives aredetonated for the purpose of seismic investigations.

43. Storm Water Drainage means a storm water main or other systemfor conveying surface runoff due to storm events andunpolluted groundwater or surface water, including thatcollected by cellar drains but excluding sanitary sewage andindustrial waste. (Amended August 27, 1999)

44. Surface Runoff means that part of the precipitation thatpasses over the surface of the soil to the nearest surfacestream without first passing beneath the surface. (AmendedAugust 27, 1999)

45. Viral or Bacterial Contaminants means microscopic organismsharmful to human health, e.g., pathogens. (Amended August 27,1999)

46. Wastewater means any combination of water-carried wastes fromresidential, institutional, commercial, or industrialestablishments, including any stormwater, surface water, orgroundwater as may be present. (Amended August 27, 1999)

47. Under the direction of a professional geologist orprofessional engineer means that a professional geologist orprofessional engineer has reviewed well or borehole drilling,construction, and abandonment plans or criteria and hasprovided instructions to the driller as to how the well orborehole is to be drilled, constructed, or abandoned.

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48. Water table means, exclusive of perched conditions, theshallowest permanent occurrence of ground water.

49. Water well means any excavation which is cored, bored,drilled, jetted, dug, or otherwise constructed for the purposeof locating, testing, or withdrawing ground water and which isintended or usable as a source of water supply for individualhomes, farms, irrigation, industrial processes, public watersystems, or nonpublic water systems.

50. Water well contractor means any person engaging in thebusiness of constructing water wells.

51. Well means any excavation in which the vertical dimensionexceeds the horizontal dimension that is bored, cored,drilled, dug, jetted, or otherwise constructed for the purposeof locating, testing, or withdrawing ground water; or forevaluating, testing, developing, draining, or rechargingground water reservoirs or aquifers; or for the exploration,evaluating, testing, or developing of minerals; or whichcauses the movement of water from or into any aquifer orsubsurface strata; and shall include engineering and geologicboreholes. (Ga. L. 1977, p. 1506, Section 4; Ga. L. 1985, p.1192, Section 1; Ga. L. 1986, p. 10, Section 12.)

52. Well Field means a tract of land that contains more than oneexisting or proposed well for supplying water. (Amended August27, 1999)

53. Wellhead means the upper terminal of a well, includingadaptors, ports, seals, valves, and other attachments and anystructure built over or extending over a well. (Amended August27, 1999)

§15-605 State of Georgia License Requirements. O.C.G.A. 12-5- 125requires that “no persons shall drill a water well withoutfirst having a water well contractor's license issued by theCouncil. No person, including licensed water well contractors,shall drill any other kind of well, borehole, or coreholeunless such person is acting under the direction of aprofessional geologist or a professional engineer.”

Chatham County will issue a water well permit for those typesof water wells listed in Section 15-614.1 to a State licensedwell driller without said well driller acting under thedirection of a professional geologist or professionalengineer.

§15-606 County Business License Requirements. All commercial waterwell contractors and/or other commercial well drillers shallobtain a Chatham County business license prior to drilling any

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well, borehole or corehole in the Chatham Countyunincorporated area. The requirement of Section 15-605 must bemet before a County business license may be issued. Homeownersmay drill their own residential irrigation well withoutobtaining a County Business License.

§15-607 County Well Construction Permit Requirements. (Includessiting, construction, testing, operation, maintenance orabandonment of well or boring.) All wells must be drilled byState licensed well contractors or be under the supervision ofa professional engineer or geologist who has obtained therequired County well construction permits and County businesslicense. No person shall construct or excavate a water well,corehole or borehole, or other well without first havingapplied for and obtained from the Administrator a permit forsuch construction ten (10) work days in advance of theproposed well drilling date. The Chatham County Engineer andthe Chatham County Health Department staff shall review eachpermit application and approve the application as appropriateprior to the Administrator issuing the construction permits.Applications for construction permits shall be made in writingon forms provided by the Administrator and shall include as aminimum the following:

1. Name and address of the applicant (and of the owner of theproperty where different from the applicant);

2. Property Identification Number (PIN) or other legaldescription adequate to locate the property and the well;

3. Name and address of the licensed water well contractor;

4. Estimated depth in feet and method of construction;

5. Purpose for which well is to be used and desired yield;

6. Proposed diameter of well in inches;

7. Type of well casing proposed;

8. Type of grouting proposed;

9. Approximate distance and relative elevation of well to anypotential sources of ground water pollution. (see Section 15-614,1,a);

10. Distance to property lines; and

11. Proposed drilling date.

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§15-608 County Building, Electrical and Mechanical PermitRequirements. (Includes installation of pumps and pumpingequipment, electrical connections, buildings and othermechanical equipment.) No person shall construct water wellpumps or pumping equipment, electrical equipment andconnections, buildings and other mechanical equipment withoutfirst having applied for and obtained from the Administratora permit for such construction. The standard well constructionpermit may include applicable electrical and mechanicalhookups.

§15-609 Display of Permits and Licenses. County business licenseand construction permits shall be displayed in a conspicuousplace at the operator's/contractor's principal place ofbusiness. “All rigs and commercial vehicles used by water wellcontractors in well construction operations shall prominentlydisplay on each rig or vehicle the name of the contractor andshall likewise display the appropriate water well contractor'sState license number.” O.C.G.A. 12-5-128. The Countyconstruction permit shall also be available on site forinspection by the County staff.

§15-610 Expiration and Renewal of County Licenses. All Countylicenses expire at the end of the calendar year. Allapplications for renewal of County licenses are theresponsibility of the license holder and shall be accomplishedaccording to the rules and regulations established in theCounty Business License Ordinance.

§15-611 Permit and License Fees. A well construction permit fee isrequired as part of the permit issuing process. Well permitfees are established in the Building Regulations Ordinance -Code of Chatham County Georgia, 1989, Chapter 20, Article III.License fees are established in the Business License Ordinance- Code of Chatham County, Georgia 1989, Chapter 16, Article I.

§15-612 Variances and Appeals.

1. Variances from the distance requirements set forth in Section15-614, 1, a. of this Ordinance may be obtained from theChatham County Health Department. The Administrator shallassist the applicant with this administrative procedure asappropriate.

2. Variance from other requirements of this Ordinance shall begranted only in conformance with the variance procedures asset forth in the Building Code Ordinance for Chatham County asset forth in the Code of Chatham County, Georgia 1989 asamended, Section 20-203.

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3. Appeals to the Building Board of Adjustments and Appeals andthe County Health Department shall be filed with theAdministrator on forms provided by the Inspections Department.

4. In cases where an owner is seeking a permit to replace anexisting well which has been abandoned and is no longercapable of producing potable water or becomes contaminated asdefined herein, such owner may further appeal to the Board ofCommissioners for a variance. An abandonment report form mustbe completed by the state water well contractor and submittedto Chatham County. (Amended April 24, 2009)

5. In cases where a person has had access to potable water froma well owned by another and such access is discontinued, suchperson may further appeal to the Board of Commissioners for avariance to allow an individual well to be drilled. (AmendedFebruary 23, 1996)

6. In those appeals the Board of Commissioners may grant avariance in whole or in part from the requirements of Section15-616 dealing with connection to public or community watersystems in case of hardship. In determining whether a hardshipexists the Board of Commissioners shall not base their actionstrictly on economic reasons claimed by the applicant butshall review all the evidence presented. The grant of avariance in whole or in part shall be in the sole discretionof the Board of Commissioners. (Amended February 23, 1996)

§15-613 Penalty for Violation of Ordinance. Any person who engagesin, or follows the business or occupation of, or advertises,holds himself out, or acts, temporarily or otherwise, as awater well contractor without having first secured therequired County business license and construction permits, orrenewal thereof, or any person who otherwise violates theprovisions of this Ordinance shall, upon conviction thereof,be fined not more than $500, or imprisoned in the County jailfor not more than 30 days, or labor on the work gang for notmore than 60 days for any single offense, or any combinationthereof, and in addition, shall pay all costs and expensesinvolved in the case. Each day such violation continues shallbe considered a separate offense. Nothing herein containedshall prevent Chatham County from taking such other lawfulaction as is necessary to prevent or remedy any violation ofthe Ordinance or other provision of the Code of ChathamCounty, Georgia. Violators shall be reported by theAdministrator of this Ordinance to the Director of the GEPD asrequired in O.C.G.A. 12-5-136.

§15-614 Standards for Wells and Boreholes. The following standardsshall apply to all wells and boreholes: (Amended August 27,1999)

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1. Individual and Non-public Water Well Standards. In the case ofindividual and nonpublic water wells:

a. The well should be located as far removed, and in adirection opposite to the ground water flow, from knownor potential sources of pollutants as the general layoutof the premises and surrounding permits; however, priorto actual construction, the Administrator shall notifythe Chatham County Health Department of the intent todrill a water well, providing such information as isrequired on forms prepared by the Council and/or theAdministrator. The well shall not be located in areassubject to flooding unless the well casing extends atleast two feet above the level of the highest known floodof record. Except as otherwise provided in division (2)of this subparagraph, all new wells must be located atleast the following horizontal distances from thefollowing structures and property lines:

(1) Not less than ten feet from a sewer line;

(2) Not less than 50 feet from a septic tank;

(3) Not less than 100 feet from a septic tankabsorption field;

(4) Not less than 150 feet from a cesspool or seepagepit;

(5) Not less than 100 feet from an animal or fowlenclosure; and

(6) Not less than 10 feet from any property line. Anyproperty owner may apply to the Chatham CountyHealth Department for a variance of the distancescited in this subparagraph due to extenuatingcircumstances. The owner shall provide for theHealth Department written information explainingthe needs for a variance. The Health Department,upon considering the information provided and anyother information it deems necessary, may issue avariance;

b. Every well shall be protected against surface runoff;

c. Every well shall be located so it will be accessible forcleaning, treatment, repair, testing, inspection, andsuch other maintenance as may be necessary;

d. Water-bearing formations that are, or are likely to bepolluted shall be sealed off;

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e. No material shall be used in the well that will result inthe delivered water being hazardous, toxic, or havingobjectionable taste or odor;

f. Materials that are to be a part of the permanent wellshall be durable and sufficient to protect the wellagainst structural deficiencies during and after theconstruction and against the entrance of pollutantsduring the expected life of the well;

g. The casing and liner pipe joints shall be watertight tothe point of maximum drawdown in bored or driven wellsand the entire length of the casing in drilled wells;

h. The alignment in a drilled well shall be such that theinstallation and operation of the pump will not beimpaired;

i. All drill cuttings and other materials shall be removedfrom the entire depth of the well and the well shall bedisinfected;

j. The upper terminal of the well shall be protected by asanitary seal or cover to prevent entrance of pollutantsto the well;

k. Any existing abandoned well or borehole shall be filled,sealed, and plugged by the present owner. An abandonmentreport form must be completed by the state water wellcontractor and submitted to Chatham County. (AmendedApril 24, 2009)

l. The drilling contractor shall maintain in his office andshall furnish the owner a copy of the well constructiondata within 30 days of the well completion. The datashall include: total depth of well, borehole diameter,casing depth, size and type of casing material, groutinginformation, static water level, pumping water level andyield if test pumped, confirmation of well disinfectionand description of method used for disinfection, dates ofwell construction, name of contractor, and water wellcontractor's license number;

m. A well having an open annular space between the casingand borehole shall be grouted using the followingtechnique: The outer, permanent, protective casing shallbe cement grouted its entire length with a cement slurryconsisting of not more than six (6) gallons of water toone cubic foot cement, plus standard additives, whennecessary, to facilitate placing or setting and shall beplaced under pressure from the bottom of the annular

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space to be grouted upward until the grout is extended atthe earth's surface.

The well driller shall notify the County's InspectionDepartment in advance of the grouting and arrange for thewell inspector to be present at the well site to verifythe full grouting of the water well annular space;

n. All permanent casing, liner, and other manufacturedmaterial used in the well installation shall be new,unless otherwise approved in writing by the owner, andadequate to protect the well against entrance ofpollutants during the expected life of the well. Thecasing material shall be of steel, PVC or concrete andmeet nationally accepted standards for well casing.Plastic pipe shall not be used for PUBLIC water supplywells; (Amended March 24, 2006)

o. The well screen, when used, shall be of a standard designand manufactured specifically for the purpose of the wellconstruction, shall be of a strength to satisfactorilywithstand chemical and physical forces applied to itduring and after installation, shall be designed topermit optimum development of the aquifer with minimumhead loss consistent with the intended use of the well,shall have openings designed to prevent clogging orjamming, and multiscreened wells shall not connectaquifers or zones which have differences in water qualitythat would result in deterioration of the water qualityin any aquifer or zone;

p. All individual and nonpublic wells producing water fordrinking or food processing shall be disinfectedfollowing construction, repair, or when work is done onthe pump, before the well is placed in service. The welland pumping equipment shall be disinfected with chlorineapplied so that a concentration of at least 50 parts permillion of chlorine shall be obtained in all parts of thewell with a minimum contact period of two hours beforepumping the well; and

q. All individual and nonpublic wells shall be curbed at thesurface by the owner with a watertight curbing ofconcrete at least four inches thick and extending atleast two feet in all directions from the well casing andsloping away from the casing.

2. Public Water System Well Standards.

a. All water wells constructed as sources of public watersupply for a public water system as defined in Part 5 of

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the “Georgia Safe Drinking Water Act of 1977 amended,”O.C.G.A. 12-5-90 shall be constructed in accordance withthe standards and rules and regulations establishedpursuant to said part.

b. The following standards shall apply to all public watersystem wells: (Amended August 27, 1999)

(1) In order to protect against contamination ofgroundwater there is hereby established a usedistrict to be known as a Public Water SystemWellhead Protection Zone, consisting of two sub-zones as follows:

(a) Control Zone. This zone shall be identifiedand described as all the area within a circlethe center of which is the center of adrinking-water supply wellhead of a publicwater system and the radius of which isfifteen (15) feet.

(b) Management Zone. This zone shall be identifiedand described as all the area within a circlethe center of which is the center of adrinking-water supply wellhead of a publicwater system and the radius of which is onehundred (100) feet.

(2) If a boundary of a Public Water System WellheadProtection Zone extends into the jurisdiction of amunicipality, the extraterritorial rights thataffect the management of the Public Water SystemWellhead Protection Zone shall be subject to anyexisting or future inter-jurisdictional agreementbetween the County and such municipality.

(3) The following uses or conditions shall be and arehereby prohibited within Public Water SystemWellhead Protection Zones:

(a) Surface use of, manufacturing of, industrialdischarge of, or production or storage ofhazardous material, inorganic compounds, viralor bacterial contaminants, or organiccompounds, expressly including commercial useof agricultural pesticides. These materialsinclude:

(i) Any hazardous substance or hazardouswaste as listed in the following Federal regulations:

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(a) Superfund Amendments andReauthorization Act (SARA) of 1986, Section 302 Extremely HazardousSubstances List (40 C.F.R. 300, App.A and B);

(b) Comprehensive Environmental ResponseCompensation and Liability ActSuperfund (CERCLA) of 1980, asamended, 42U.S.C.9601-9657,Hazardous Substances List (40 C.F.R.302, Table 302.4);

(c) SARA of 1986, Section 313, ToxicChemicals List (40 C.F.R. Section372.45);

(d) Resource Conservation and RecoveryA c t ( R C R A ) o f 1 9 7 6 ,42U.S.C.6901-6987, and 1984Amendments, Hazardous Wastes Lists(P and U Categories) (40 C.F.R.Section 261.33 (e) and (f)); and

(e) Federal Resource Conservation andRecovery Act (RCRA), Subpart D, 40CFR 261.30; 261.3 1; 261.32;261.33).

(f) Hazardous Materials TransportationAct of 1975, 49 U.S.C.1801-1812.

(ii) Nuclear or radioactive materials orwastes.

(b) Septic tanks or drain fields appurtenantthereto;

(c) Impervious surfaces other than roofs ofbuildings, streets, driveways and walksserving buildings permitted under Section 15-614,2,b,(6) of this ordinance;

(d) Sanitary landfills, industrial landfills, andlandfills composed of demolition debris;

(e) Hazardous waste disposal sites;

(f) Storm water infiltration basins;

(g) Underground storage tanks;

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(h) Sanitary sewer lines;

(i) Wood-preserving operations using formulationsof Chrome-Copper-Arsenate (CCC),pentachlorophenol (PENTA), and creosote andrelated chemicals;

(j) Battery recycling and reprocessing;

(k) Retail gas stations and truck stops;

(l) Agricultural application of halogenatedvolatile liquid organic pesticides (e.g.,ethy l e n e d i bromide (EDB) anddibromochloropropane (DBCP), related chemicalsand their commercial formulations);

(m) Processing, reprocessing, and storage anddisposal of PCB containing oils;

(n) Manufacturing and production of paving,roofing, and other construction materials,using asphaltic-based and petroleum-basedcoating and preserving materials;

(o) Furniture stripping or refinishing;

(p) Exterior vehicle cleaning operations andvehicle salvage, drum recycling and cleaning,commercial truck or rail tanker cleaningoperations; and

(q) Industrial and commercial dry cleaning plants.

Provided, however, that any existing septic tanksor drain fields; impervious surfaces other thanroofs of buildings, streets, driveways and walksserving buildings permitted under Section 15-614,2(3) of this ordinance; sanitary landfills;industrial landfills; landfills composed ofdemolition debris; storm water infiltration basins;underground storage tanks; sanitary sewer lines;retail gas stations; and truck stops shall berecognized as non-conforming uses and may continuewithin the Public Water System Wellhead ProtectionZone in the form in which they exist at the time ofadoption of this ordinance. Any change of title orright of possession shall not affect continuationof a non-conforming use. Whenever a non-conforminguse has been abandoned for a continuous period ofmore than one (1) year, such use shall be re-

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established only upon approval by the Director ofInspections of a mitigation plan that provides anacceptable level of protection against groundwatercontamination. Other prohibited uses may becontinued after the date of adoption of thisordinance only upon approval by the Director ofInspections of a mitigation plan that provides anacceptable level of protection against groundwatercontamination. Appeals of decisions of theDirector of Inspections concerning prohibited usesshall be made in accordance of the provisions ofSection 15-612,2. In the event that a prohibiteduse poses a direct hazard to the public watersupply, Chatham County may take any action permitted by law to abate the hazard.

(4) Within the Control Zone the following additionalprohibitions and requirements shall apply:

(a) Only those chemicals used for water treatmentshall be stored in the Control Zone.

(b) Motor fuels, oils, motor vehicle, or portableequipment powered by an internal combustionengine shall not be stored in the ControlZone. Chemicals or motorized vehicles may beused in the Control Zone for maintenance ofthe well, well house, well pump, or associatedplumbing.

(c) The Control Zone shall be protected by achain-link fence or equivalent having aminimum height of seven (7) feet. Accessshall be only through a locking gate orequivalent.

(5) The following activities or uses are exempt fromthe provisions of Section 15-614, 2, b.

(a) The transportation of any hazardous substanceon roads through either the Control Zone orthe Management Zone, provided the transportingvehicle is in continuous transit;

(b) The use of any hazardous substance solely asfuel in a vehicle fuel tank or as lubricant ina vehicle;

(c) Above ground storage tanks that areconstructed and operated in accordance with appropriate regulations for the purpose of

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providing fuel as an alternative power sourceto the pumping equipment of the water system;

(d) Geotechnical borings;

(e) The use of certain regulated substances suchas pesticides, herbicides, and fungicides inrecreational, agricultural, pest control, andaquatic weed control activities, provided thatthe use is in compliance with the userequirements set forth in United StatesEnvironmental Protection Agency registries andas indicated on the containers in which thesubstances are sold;

(f) Fire, police, and public safety functions thatdo not use, store, or dispose of hazardousmaterials, generate sewage, or otherwiseviolate the prohibited use provisions of thisordinance;

(g) Office and business supplies foradministrative functions, used solely for theoperation of on-site administrative offices,provided such supplies are prepackaged in aform ready for use;

(h) Cleaning agents for normal household use,packaged for personal or household use in thesame form or concentration as a productpackaged for household use by the generalpublic, used and stored in accordance with themanufacturer's instruction;

(i) Federal and State regulated substancesassociated with construction materials forwhich a construction permit has been issued,provided that paving or the pouring ofconcrete shall be excluded where suchsubstances do not pose a real and presentdanger of contaminating surface water and/orgroundwater; and

(j) Public utilities as follows, subject tocompliance with wellhead protectionperformance standards enforced by the GeorgiaPublic Service Commission:

(i) Electric and telephone substations; (ii) G a s regulator and met e r s t a t i o n

buildings;

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(iii) Electric and communication transmissiontowers and structures.

(6) For all new public water system wells, auxiliarypower on-site fuel storage shall have a spillcontainment system for 110% of the entire volume offuel. Existing public water system wells shallretrofit a spill containment system within one yearfrom the date of adoption of this ordinance.

(7) The Chatham County Inspections Department shall bedesignated as administrator to implement theprovisions of Section 15-614, 2. The administratorshall have the authority for and responsibility tomaintain a current file for each public watersystem well, containing the following information:

(a) Name and address of the owner of the well.

(b) Location of the well.

(c) Applicable permit data.

(d) An inventory of existing uses or conditionsthat are found within the Wellhead ProtectionZone and are prohibited in Section 15-614,2(3).

(8) The following written and mapped information shallbe submitted with site plans for uses locatedwithin a Public Water System Wellhead ProtectionZone:

(a) Description of the proposed use to includetype of use or activity, products produced,and Standard Industrial Code (S.I.C.) ifapplicable;

(b) A complete list of the types and volumes ofall hazardous materials (including fuels)anticipated to be used, stored, processed,handled or disposed, other than those volumesand types associated with normal householduse;

(c) Description of types of wastes generated andmethod of disposal, including solid wastes,hazardous wastes, sewage and non-sewagewastewater discharges;

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(d) Location of all private individual drinkingwater supply wells within 200 feet of aproperty line;

(e) Location of all public water supply wellswithin 1,000 feet of a property line;

(f) Provisions for management of storm waterrunoff;

(g) Septic tank location, size, and capacity,and/or sewage lift stations, force mains,storm drainage infrastructure location andsize, and grease trap;

(h) Building plans showing hazardous materialsloading, storage, handling and process areas,floor drains, process vents, sewage disposalareas, and waste storage or disposal areas;

(i) Other additional information as may berequired by the Chatham County InspectionsDepartment regarding the proposed use,including its potential impact on waterquality, hydrogeologic information,monitoring, and mitigation measures; and

(9) The owner of a public water system shall prepare acontingency plan for providing alternative watersupply to water users in case of disruption ofnormal service due to groundwater contamination. Contingency plans must be submitted to the ChathamCounty Emergency Management Office.

3. Irrigation Well Standards. Irrigation wells shall beconstructed in accordance with the standards established forindividual and nonpublic wells except that the well does notrequire disinfection. The minimum depth of the grout sealshall be at least 20 feet below ground surface.

4. Industrial Well Standards. Industrial wells shall beconstructed in accordance with the standards established forindividual and nonpublic wells. The minimum depth of the groutseal shall be the same as for nonpublic wells.

5. Other Non-water Type Well Standards.

a. Wells and boreholes other than water wells shall beconstructed:

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(1) So that no toxic or hazardous material is used inor introduced to the borehole;

(2) So that water-bearing formations that are, or arelikely to be, polluted shall be sealed off; and

(3) To prevent water of different qualities frommigrating between zones or aquifers.

b. Engineering boreholes shall be constructed under thedirection of a professional engineer or professionalgeologist.

c. Geologic boreholes shall be constructed under thedirection of a professional engineer or a professionalgeologist.

d. Monitoring wells shall be constructed under the directionof a professional engineer or a professional geologistand shall be constructed in accordance with the followingminimum requirements:

(1) Well casing and well screens that are part of themonitoring well shall be durable and sufficient toprotect the well against structural deficienciesduring the construction and during the expectedlife of the well;

(2) The upper terminal of the monitoring well shall beprotected by a sanitary seal or cover to prevententrance of pollutants to the well;

(3) All casing and liner pipe joints shall bewatertight for the entire length of the casing;

(4) The annular space around the well casing shall begrouted with impervious materials to prevent theentrance of interformational pollutants after dueconsideration of the local soil conditions, localgeology, and the intended use of the well;

(5) The alignment of the well is such that the well maybe pumped or sampled;

(6) All drilling equipment and tools shall be washedand steam cleaned immediately upon completion ofany monitoring well located within 1,000 feet ofany operating or abandoned sanitary landfill orhazardous materials facility or within 1,000 feetof any area where hazardous materials are known or

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believed to have been deposited, spilled, ordischarged; and

(7) At least once every five years, the owner of theproperty on which a monitoring well is constructedshall have the monitoring well inspected by aprofessional engineer or professional geologist,who shall direct appropriate remedial correctivework to be performed if the well does not conformto standards.

e. Dewatering wells to be constructed for the purpose ofwithdrawing 100,000 gallons or less of ground water onany one day shall be constructed under the direction ofa professional engineer or a professional geologist andshall be constructed in accordance with the followingminimum requirements:

(1) Well casing and well screens that are a part of thedewatering well shall be durable and sufficient toprotect the well against structural deficienciesduring the construction and against entrance ofpollutants during the expected life of the well;

(2) The upper terminal of the dewatering well shall beprotected by a sanitary seal or cover to prevententrance of pollutants to the well;

(3) All casing and liner pipe joints shall bewatertight for the entire length of the casing;

(4) The annular space around the well casing shall begrouted with impervious materials to prevent theentrance of interformational pollutants after dueconsideration of the local soil conditions andlocal geology; provided, however, that suchgrouting shall not be required if dewatering is tobe accomplished by well points or a well pointfield;

(5) The alignment of the well shall be such that theinstallation and operation of the pump will not beimpaired; and

(6) The dewatering well shall be pumped in a manner andrate to prevent significant loss of strength ofnearby soil and rock.

f. Seismic shot holes shall be constructed under thedirection of a professional engineer or a professional

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geologist and shall be constructed in accordance with thefollowing minimum requirements:

(1) Exclusive of explosives, no toxic or hazardousmaterials shall be used in or introduced to theshot hole;

(2) Materials that are to be a part of the seismic shothole against structural deficiencies during theconstruction and against entrance of pollutantsduring the expected life of the seismic shot hole;

(3) Prior to being charged with explosives, seismicshot holes shall contain temporary seals adequateto prevent the entrance of pollutants to anyaquifer;

(4) Seismic shot holes shall not be charged withexplosives more than 24 hours prior to detonationand shall not penetrate the Floridan aquifer; and

(5) In the event explosives are not detonated withinone year after reaching total depth, the seismicshot hole shall have all temporary seals removedand be completely plugged with impervious materialsto prevent the entrance of pollutants to anyaquifer.

6. Abandonment Requirements for Wells and Boreholes.

a. A water well shall be considered as temporarily abandonedwhen its use has been interrupted for a period of morethan one year and not more than three years. Such a wellshall be sealed and the well maintained whereby it is nota source or a channel of contamination or pollution whennot in service. Temporarily abandoned wells shall beregistered through the administrator. (Amended April 24,2009)

b. A water well shall be considered as permanently abandonedwhen its service has been interrupted for a period ofmore than three years or it meets the definition ofabandoned well as defined in this part. Such a well shallbe filled, sealed, and plugged. An abandonment reportform must be completed by the state water well contractorand submitted to Chatham County. (Amended April 24, 2009)

c. Whenever a well or borehole is excavated for theexploration, testing, or use as a source of water supplybut is no longer used for that purpose, it shall be theowner's responsibility to have the borehole filled,

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sealed, and plugged within 30 days of the excavation ordisuse to protect against the entrance of pollutants intothe subsurface.

d. No abandoned water well or borehole shall be used for thepurpose of disposing of any wastes or pollutants that maycontaminate the ground water.

e. All engineering boreholes, regardless of the depthlimitations defined in paragraph (3) and (8) of O.C.G.A.Section 12-5-122, which are located on property which isbeing used or is proposed to be used for the storage,manufacture, or processing of petroleum products,hazardous materials, hazardous wastes, industrial ormunicipal wastewater, brines, or any other chemicalsubstances, must be completely filled, sealed, andplugged within 24 hours after the total depth is reached.It shall be the responsibility of the person in charge ofthe borehole construction to ensure proper abandonment.

f. Geologic boreholes which are in locations scheduled to bemined within two years after drilling need not be filled,sealed, and plugged. Other geologic boreholes shall befilled, sealed, and plugged within 24 hours afterdrilling. It shall be the responsibility of the person incharge of borehole construction to ensure properabandonment.

g. Monitoring wells shall meet the requirements ofabandonment as defined by this part unless they aredeclared temporarily abandoned. A monitoring well that istemporarily abandoned shall have a cap placed on itwithin 15 days of its temporary abandonment. It shall bethe responsibility of the owner of the property on whichthe monitoring well is constructed to ensure properabandonment of the well.

h. Seismic shot holes shall be filled, sealed, and pluggedwithin 24 hours after the explosives have been detonated.It shall be the responsibility of the person in charge ofthe shot hole construction to ensure proper abandonment.

i. Abandoned individual, nonpublic, public, irrigation, andindustrial wells shall be filled, sealed, and plugged bya water well contractor licensed by the council.

j. Abandoned engineering boreholes, geologic boreholes,dewatering wells, monitoring wells, and seismic shotholes shall be filled, sealed, and plugged under thedirection of a registered professional geologist orregistered professional engineer. (Code 1981, Section 12-

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5-134, enacted by Ga. L. 1985, p. 1192, Section 1; Ga. L.1986, p. 10, Section 12; Ga. L. 1988, p. 1373, Section3.) O.C.G.A. 12-5-134

k. Abandoned wells and boreholes shall be filled, sealed andplugged under the direction of a registered professionalgeologist, registered professional engineer or statewater well contractor in the following method:

The open hole portion of the well shall be filled with #3pea gravel (NSF) approved, to the bottom of the casing. The casing portion of the well shall be filled in itsentirety with concrete or bentonite cement mixture. Thebentonite is not to exceed 5% of the mixture. (AmendedApril 24, 2009)

§15-615 County Requirements for Water Wells and Boreholes.

1. Information. The person constructing the well or boreholeshall maintain accurate field logs that include size andlength of casings, grouting depth, and complete results of thepumping water levels and shall send a copy of the data to theowner and the Administrator (Chatham County InspectionsDepartment Director).

2. Well and Borehole Abandonment shall be accomplished asprovided for in Section 15-614 of the Ordinance and the statelicensed contractor or professionally licensed engineer orgeologist shall provide the administrator a sealed lettercertifying that the well was abandoned in accordance with theprovisions of this Ordinance and O.C.G.A. § 12-5-134. (AmendedApril 24, 2009)

3. Testing and Inspection Required. No person or owner shallplace into temporary or permanent use any water well for humanconsumption (irrigation wells and geologic boreholes excepted)until such water well has been properly decontaminated,tested, and inspected and approved by the Administrator ordesignee of the Administrator. The Chatham County HealthDepartment staff must approve the results of the water qualitytest and forward a copy of the notice of approval to theAdministrator.

4. Certificate of Compliance Required and Reinspection Required.The Administrator shall issue a certificate of compliance forthe approved water well after all construction requirementsare properly met and shall keep a record of the water well,pertinent information thereof, and its location for futurereference and reinspection. The Administrator shallperiodically inspect or cause to have inspected all wells toinsure their continued use compliance with the requirements of

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the original permit, after the effective date of thisOrdinance.

5. Capacity of Water Wells for Individual Dwellings.

a. The capacity of the well, as demonstrated by test pumpingor yield testing, shall be adequate to supply the dailyand peak load requirements of the single family dwellingneeds. This should not be less than a sustained flow offive (5) gallons per minute, and where this is notpossible, the water supply system design shall be alteredsuch as increasing storage tank capacity or otherappropriate measures.

b. Pump capacity shall not exceed the capacity of the welland shall be capable of maintaining a minimum pressure ofnot less than 20 psi. Pressure tanks shall not be lessthan forty-two gallons capacity.

6. Preparation of Ground Surface at Water Well Site. The capacityof the well, as demonstrated by test pumping or yield testing,shall be adequate to supply the daily and peak loadrequirements of the single family dwelling needs. This shouldnot be less than a sustained flow of five (5) gallons perminute, and where this is not possible, the water supplysystem design shall be altered such as increasing storage tankcapacity or other appropriate measures.

7. Cross Connections Prohibited. It shall be unlawful and aviolation of this Ordinance to have a cross connection betweena potable water well or distribution system and non-potablewater well or distribution system. Potable water distributionsystems shall be constructed and maintained as specified inthe County's Plumbing Code. A residential irrigationdistribution system may be connected to a potable water supplyprovided proper backflow prevention devices are utilized.

8. Electrical and Mechanical Codes Application. The County'sElectrical Building and Mechanical Codes are applicable to theconstruction of the well and well equipment and allrequirements of said codes shall apply.

9. Repairs Require Disinfection. All newly constructed wellsshall be disinfected to neutralize contamination introducedthrough equipment, material, or surface drainage duringconstruction procedures. If water samples show bacterialcontamination, and continue to do so after all redemptivemeasures are carried out, provisions shall be made forcontinuous treatment of the water by chlorination or forabandonment of the well.

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§15-616 Requirements for Public or Community Water Supply Systems.

1. Connection shall be made to a government-owned public orcommunity water system when such connection is availablewithin two hundred (200) feet of a building or residence, oravailable in the public rights-of-way abutting the property,regardless of distance. In the case of a subdivision,connection shall be made to a government-owned public orcommunity water system when such connection is availablewithin five hundred (500) feet of any point of the developmentor when the cost of extending the public or community systemis no greater than 50% more than the cost of installing aprivate well. (Amended July 10, 1997)

2. Any proposed well larger than four (4) inches in diameter orfour (4) inch wells having six or more service connectionsshall be reviewed and approved by the County Engineer underthe County and/or State requirements for public water supply.

3. Public and community water systems are governed by the GeorgiaSafe Drinking Water Act of 1977 (Act No. 231 O.C.G.A. 12-5-170et seq., as amended) and are defined in the Rules of GEPD,Chapter 391-3-5, Rules for Safe Drinking Water-1989. Wells forpublic water systems shall be constructed only after obtainingapproval from the Division as required in the Rules of GEPD391-3-5-.07 Wells, amended, and after obtaining the necessaryapprovals and permits from Chatham County as specified herein.

§15-617 County and State Requirements for Water Wells into theFloridan Aquifer.

1. Chatham County is governed by the provisions of O.C.G.A. 12-5-90 Ground Water Use Act of 1972. Section 12-5-96 requires that“No person shall withdraw, obtain, or utilize ground waters inexcess of 100,000 gallons per day for any person unless suchperson shall first obtain a permit therefore from the GeorgiaEnvironmental Protection Division (GEPD).”

2. The Administrator and Chatham County Engineer and other Countystaff shall work cooperatively with the GEPD in its effortsand program to protect through management programs thegroundwater resources within Chatham County. New wells and/orother groundwater users shall be reported promptly to theGEPD. Violations of State groundwater withdrawal permits orany GEPD rule or regulation shall be reported promptly to theGEPD staff.

3. Chatham County Water Well Construction Permits issued forwells below the 100,000 gallon per day standard shall bereported to the GEPD for general information and watermanagement purposes.

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4. GEPD has established a special groundwater managementwithdrawal limit upon Chatham County as a method of limitingthe withdrawal of potable water from the Floridan Aquifer. TheAdministrator and other County staff shall work closely withGEPD staff in an effort to maximize the effectiveness of thegroundwater management program. Questions or issues concerningthe granting of water well construction permits by ChathamCounty shall be resolved in concert with the GEPD'sgroundwater management withdrawal limit program and any otherwater management regulations adopted for Chatham County.

5. Utilities Protection Center Call Required. Before any welldriller may dig any well, borehole or corehole for anypurpose, the driller shall call the utilities location service(1-800-282-7411) in order to learn of any utility lines thatmay be located at the well site. This is a State requirementto protect utility lines and provide safety.

§15-618 County Requirements for Residential Irrigation Wells. Noperson shall construct a residential irrigation well and wellsystem including pumps, pipes, switches and otherappurtenances without having first applied for and obtained aCounty well construction permit as specified in Section 15-606and 607 and elsewhere in this Ordinance. The distancestandards specified in Section 15-614 shall apply. Nopermanent or temporary cross connection shall be permittedbetween a residential irrigation well and any other watersupply or distribution system.

§15-619 Repeal of Previous Ordinances. The Individual Potable WaterSupply Systems Ordinance adopted October 13, 1972, as amendedon June 27, 1986; the Ordinance of November 17, 1972,Providing for Obtaining Permits Before Boring or Constructionof An Artesian or Certain Other Wells; and, the ShallowIrrigation Wells Ordinance adopted on May 28, 1982, referencedin the Code of Chatham County, Georgia, 1989, as Chapter 15,Article III are hereby repealed in their entirety. All otherordinances or resolutions or parts thereof in conflict withthis Ordinance are hereby repealed to the extent necessary togive this Ordinance full force and effect.

§15-620 Conflict with Other Laws. Whenever the requirements of thisOrdinance are more restrictive than the standards required inor under any other statute, covenant, ordinance, orresolution, the requirements of this Ordinance shall govern.Whenever the provisions of any other statute, covenant,ordinance, or resolution are more restrictive standards thanthose of this Ordinance, the provisions of said statute, etc.shall govern.

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§15-621 Abrogation and Greater Restrictions. This Ordinance is notintended to repeal, abrogate, or impair any existingeasements, covenants, or deed restrictions. However, wherethis Ordinance and another legal authority conflict oroverlap, whichever imposes the more stringent restrictionsshall prevail.

§15-622 Warning and Disclaimer of Liability. The well owner ishereby warned that it is his/her responsibility to monitor thequality of the water from the well by periodically testing thewater and maintaining the well and pump in satisfactoryoperating condition. This Ordinance does not create liabilityon the part of Chatham County or by any elected official,officer or employee thereof for any personal damages or injurythat may result from reliance on the permitting or testing orinspections performed prior to issuance of the Certificate ofCompliance by the Administrator or any administrative decisionlawfully made thereunder.

§15-623 Severability. Should any section, paragraph, subdivision,clause, phrase, or provision of this Ordinance be adjudgedinvalid or held unconstitutional by a court of competentjurisdiction, such declaration shall not affect the validityof this Ordinance as a whole or any part or provisionsthereof, other than the part so decided to be invalid orunconstitutional.

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ARTICLE VII

Assessment Procedures for Extension of County Water and Sewer

§15-701 Purpose of Ordinance. Whenever the Commission shall deemit necessary to extend a water main or extend a sanitary sewermain or otherwise improve the system or any part thereof inthe unincorporated areas of Chatham County, or whenever apetition containing the signatures of at least 51% of theowners of property requesting and consenting to suchimprovements is received by the Commissioners said Commissionshall, before adopting a resolution to declare such work orimprovements a public need and convenience to provide forconstruction, give notice to the property owners of a publichearing to be held within fifteen (15) days by publishing suchnotice in a newspaper publishes and having general circulationin the County of Chatham and by certified mail to the ownersof the land liable by assessment to pay for such improvementsat the address to which tax notices are mailed.

If, after such hearing, the Commissioners shall deem such workor improvements a public need or convenience to beconstructed, the Commissioners shall have the power to causethe improvements to be made and to contract thereto.

§15-702 Assessment Procedure.

1. Assessment shall be levied against the affected propertyand its owner. All costs for engineering, construction,right-of-way, associated with the improvements, shall beadvanced from water and sewer fund. Affected propertyowners shall be assessed equally.

2. Notice of assessment shall be prepared by the county andshall be mailed by ordinary main to the current owner ofthe affected property as shown by the tax records ofChatham County.

3. Assessments shall be payable in full within sixty days ofthe date of mailing of the assessment without interest. The fee simple owner of the property may, within the saidsixty-day period, by application to the County FinanceDepartment, request that payment be made in not more thanfive annual installments due on the anniversary date ofthe assessment with the per annum legal rate of interest,and upon execution of proper documents establishing theterms of payment and collection in the event of default. Failure to pay any installment shall cause the wholeamount to be due.

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4. In the event that an assessment is not paid when due, anexecution shall issue against the owner, if known, andthe property in rem in the name of Chatham County signedby the Board of Commissioners, and shall be recorded inthe General Execution Docket maintained by the Clerk ofSuperior Court, and shall be turned over to the sheriffor collector as if fi fas, and in the event the defendantin fi fas shall claim that the amount thereto or somepart of same is not owing, or that the same is proceedingillegally, he may file illegality thereto, and theprocedures there on in such event shall be the same asprovided for illegalities in the case of tax fi fas. Anyfi fas issued hereunder may be transferred or assignedand the property levied upon and sold under the rulesgoverning judicial sales. (Amended 8 May 1992)

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