04-08-86
CHAPTER 145
WASTEWATER DISCHARGE
DIVISION 1: GENERAL
Section 145-1. GENERAL
This Wastewater Discharge Ordinance is designed to provide
uniform requirements for discharge into the Eastern Band of Cherokee
Indians' wastewater collection system and treatment system.
Section 145-2 DEFINITIONS
For the purpose of this Ordinance, the following terms shall
have the following meanings:
(a) "Approving Authority" shall mean the Tribal Council of the
Eastern Band of Cherokee Indians.
(b) "Building Sewer" shall mean a sewer conveying wastewater
from the premises of a user to a Tribal sewer.
(c) "Beneficial Uses" shall mean uses of the waters of the
State that may be protected against quality degradation
including domestic, municipal, agricultural and industrial
supply, power, generation, recreation, aesthetic
enjoyment, navigation and the preservation and enhancement
of fish, wildlife, and other aquatic resource or reserves,
and other uses, both tangible and intangible as specified
by federal or state law.
(d) "Biochemical Oxygen Demand", "B.O.D." shall mean the
empirical test run in accordance with latest edition of
"Standard Methods for Analysis of Water and Wastewater"
published by American Public Health Association and Water
Pollution Control Federation or "Methods for the Analysis
of Water and Wastes" published by EPA to determine the
relative oxygen requirements of wastewaters effluents and
polluted water. B.O.D. is a measure of the oxygen
required to oxidize the organic matter in a sample,
through the action of microorganisms in that sample.
(e) "Chemical Oxygen Demand", "C.O.D." shall mean the quantity
of oxygen used in the chemical oxidation or decomposition
of organic substance in a sample.
(f) "County" shall mean the County of Swain, North Carolina or
any authorized official(s) acting on behalf of the Tribe.
(g) "Tribal Council" shall mean the Tribal Council of the
Eastern Band of Cherokee Indians.
(h) "Tribal Sewer" shall mean a sewer owned and operated by
the Eastern Band of Cherokee Indians, tributary to a
treatment facility operated by the Tribe.
(i) "Town" shall mean the TOwn of Cherokee.
(j) "Principal Chief" shall mean the Principal Chief of the
Eastern Band of Cherokee Indians.
(k) "Tribal Sewer" shall mean a sewer owned and operated by
the Tribe.
(l) "Compatible Pollutant" shall mean pollutants such as
B.O.D., T.S.S., pH, Oil and Grease, Ammonia Nitrogen
(HH3-N) and fecal coliform bacteria, plus any additional
pollutants identified in the Tribes National Pollutant
Discharge Elimination System (N.P.D.E.S.) Permit, or any
pollutants the Tribes treatment works was designed to
treat. Such pollutants shall be amenable to the Tribes
biological waste treatment process; shall not cause the
Tribe to use additional chemicals, extra personnel or
cause undue wear or operating expenses; shall not cause
the Tribe's wastewater treatment plant to exceed effluent
limitation as set forth in N.P.D.E.S. permit.
(m) "Domestic Wastes" shall mean the liquid wastes from
bathrooms, toilet rooms, home kitchens and home laundries.
(n) "E.P.A." shall mean the Federal Agency named the
Environmental Protection Agency.
(o) "Excessive Radiation Dose" shall mean a dose of radiation
in excess of the maximum permissible dose. "Maximum
Permissible Dose" shall mean a dose of radiation to any
part of the body, internal and external or both, that, in
the light of current knowledge, is not expected to cause
appreciable bodily injury to a person at any time during
his lifetime. Application of this section will conform to
all federal and other regulations concerning the use of
radioactive materials.
(p) "Federal Act" shall mean Public Law 92-500, the Federal
Water Pollution Control Act, as amended.
(q) "Garbage" shall mean solid wastes from the domestic end
and commercial preparation, cooking and dispensing of
food, and from the the handling, storage and sale of
produce.
(r) "Grease and Oils" shall mean a group of substances with
similar physical characteristics including hydrocarbons,
fatty acids, soaps, waxes, oils and any other material
that is extracted with a stated solvent from an acidified
sample and that is not volatilized during the test.
(s) "Holding Tank Waste" shall mean any waste from holding
tanks such as vessels, chemical toilets, campers,
trailers, septic tanks and vacuum pump tank trucks.
(t) "Incompatible Pollutant" shall mean any pollutant which is
not a "compatible pollutant" as defined in this section.
(u) "User Charge System" shall mean the system developed by
E.P.A. that establishes a method for the grant receiving
Eastern Band of Cherokee Indians to recover the costs
incurred during planning and construction of a treatment
works. User charge is the charge that users are required
to pay for the right to discharge into the sewage system.
(v) "Industrial Wastes" shall mean liquid or water-carried
wastes from institutional, commercial and industrial
process and operations, as distinguished from domestic
wastes.
(w) "Industrial Waste Surcharge" shall mean a charge placed on
all users who discharge wastewater having characteristics
in excess of the limits set by this Ordinance on
compatible pollutants.
(x) "Mass Emission Rate" shall mean the weight of material
discharged to the Tribal Sewer System during a given time
interval. Unless otherwise specified, the mass emission
rate shall mean pounds per day of a particular constituent
or combination of constituents.
(y) "pH" shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter of solution.
(z) "Pollution" shall mean an alteration of the quality of the
waters of the state by waste to a degree which
unreasonably affects such waters for beneficial use or
affects the facilities which serve such beneficial uses.
Pollution may include contamination.
(aa) "Premises" shall mean a parcel of real estate or portion
thereof including any improvements thereon which is
determined by the Town to be a single user for purposes
of receiving, using and paying for service.
(bb) "Significant Industrial User" shall mean an industry that
will contribute greater than five (5%) percent of the
design flow or designated pollutant loading to the Tribes
sewer system or Eastern Band of Cherokee Indians
Treatment works.
(cc) "Storm Drain" or "Storm Sewer" shall mean a sewer which
carries storm or surface waters, but not sewage or
industrial wastes.
(dd) "Total Suspended Solids" shall mean the measure of the
solids that either float on the surface or are held in
suspension in wastes and which are removable from the
liquid by laboratory filtering.
(ee) "Treatment Work or Plant" shall mean any devise and
systems used in the storage, treatment, recycling, and
reclamation of municipal wastewater or industrial wastes
of a liquid nature, including interceptor sewers, outfall
sewers, wastewater collection systems, pumping, power
and other equipment and appurtenances, extensions,
improvements, remodeling, additions or alterations
thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and
clearwell storage facilities, and any works, including
site acquisition of the land that will be an integral
part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment; or
any other method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of
municipal wastes, including storm water run-off, or
industrial and sanitary sewer systems.
(ff) "Waste" shall mean and include sewage and all other waste
substances, liquid, solid, gaseous or radioactive,
associated with human habitation, or of human or animal
origin, or from any producing, manufacturing, or
processing operation of whatever nature prior to, and for
purposes of disposal.
(gg) "Wastewater" shall mean wastes and water, whether treated
or untreated discharged into a Tribal sewer.
(hh) Wastewater Constituents" and "Characteristics" shall mean
the individual chemical, physical, bacteriological and
radiological parameters, including volume and flowrate
and such other parameters that serve to define, classify
or measure the contents, quality and strength of
wastewater.
Other terms used in this Ordinance, but not defined
hereinafter, shall have the meanings set forth in the latest edition
of Standard Methods for Examination of Water and Wastewater, published
by the American Public Health Association (APHA) the American
Waterworks Association (AWWA) and the Water Pollution Control
Federation (WPCF). Unless otherwise expressly stated in this
Ordinance, waste constituents and characteristics shall be measured by
methods set forth in the latest edition of Standard Methods for the
Examination of Water and Wastewater, and/or Methods for Chemical
Analysis of Water and Wastes, published by the Environmental
Protection Agency (EPA).
DIVISION 2: REGULATION GOVERNING SEWER USE
Section 145-3. USE OF PUBLIC SEWERS REQUIRED.
(a) It shall be unlawful for any person to place, deposit or
permit to be deposited in an unsanitary manner upon public
or private property within Cherokee Indian Reservation, or
in any area under the jurisdiction of the Eastern Band of
Cherokee Indians, any human or animal excretement, garbage
or other objectionable wastes.
(b) It shall be unlawful to discharge to any natural outlet
within the Cherokee Indian Reservation, or in any area
under the jurisdiction of the Eastern Band of Cherokee
Indians, any sanitary sewage, industrial wastes, or other
polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this
ordinance.
(c) Except as hereinafter provided, it shall be unlawful to
construct or maintain any privy, privy vault, septic tank,
cesspool or other facility intended or used for the
disposal of sewage.
(d) The owners of all houses, buildings or properties used for
human occupancy, employment, recreation or other purposes
situated within the Reservation and abutting any street,
alley or right-of-way, and unincorporated areas served by
contract or agreement in which there is now located or may
in the future be located a public sanitary sewer of the
Eastern Band of Cherokee Indians, is hereby required at
his expense to install suitable toilet facilities therein,
and to connect such facilities directly with the proper
public sewer in accordance with the provisions of this
ordinance, within ninety (90) days after date of official
notice to do so; provided, that said public sewer is
within two hundred (200) feet of the property line and can
be reached by gravity flow.
Section 145-4. ALTERATION OF SYSTEM REQUIRES PERMIT
No authorized person shall uncover, make any connections with
or opening into, use, alter, or disturb any public sewer or
appurtenances thereof without first obtaining a written permit from
the Tribe.
Section 145-5 COSTS TO BE BORNE BY OWNER.
All costs and expenses incident to the connection of the
building sewer or the owner's property shall be borne by the owner.
The owner shall indemnify the Tribe any loss or damage that may be
directly or indirectly occasioned by the connection of the building
sewer. Any connection into the public sewer shall be made by the
Tribe, for which the owner shall pay the Tribe a standard sewer tap
fee as set by the Committee, copy of said schedule to be kept on file
in the Cherokee Water and Sewer Enterprise.
Section 145-6 INDEPENDENT SEWER FOR EACH BUILDING; EXCEPTION
A separate and independent building sewer shall be provided for
every building; except where one building stands at the rear of
another on an interior lot and no private sewer is available or can be
constructed to the rear building lot through an adjoining alley,
court, yard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole consideration as
one building sewer.
Section 145-7. OLD BUILDING SEWERS.
No old sewers will be excepted. This requirement may be waived
by the approving authority after the condition of the sewer has been
thoroughly inspected by same.
Section 145-8. MINIMUM STANDARDS OF SEWERS.
The building sewer shall, in all cases, meet the minimum
standards of the North Carolina Plumbing and Building Codes and be
installed in accordance with all applicable OSHA requirements. Joints
shall be water tight. Any part of the building sewer that is located
within 10 feet of a water service shall be constructed of ferrous
metal pipe with joints equivalent to water main standards. Ductile
iron with mechanical joints may be required by the Tribe where the
building sewer is exposed to damage by tree roots. If installed in
filled or unstable ground, the building sewer shall be of ductile iron
or cast iron soil, except that nonmetallic material may be accepted if
laid on a suitable concrete bed or cradle as approved by the Tribe.
Section 145-9. SIZE AND SLOPE OF SEWER.
The size and slope of the building sewer shall be subject to
the approval of the Tribe, but in no event shall the diameter be less
than four (4) inches. The slope of each 4-inch pipe shall not be less
than one-eighth (1/8) inch per foot.
Section 145-10. GRADES FOR SEWERS.
Whenever possible the building sewer shall be brought to the
building at an elevation below the basement floor. No building sewer
shall be laid parallel to or within three (3) feet of any load bearing
wall, which might thereby be weakened. The building sewer shall be
laid at uniform grade in straight alignment insofar as possible.
Changes in the direction shall be made only with properly curved pipes
and fittings.
Section 145-11. BUILDING DRAINS.
In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by
such drain shall be lifted by approved artificial means and discharged
to the building sewer.
Section 145-12. EXCAVATION AND BACKFILL.
All excavations required for the installation of a building
sewer shall be open trench work unless otherwise approved by the
Tribe. Backfill shall not be performed until the work has been
inspected by the Office of Environmental Health, I.H.S.
Section 145-13. ANGLE OF CONNECTION.
The connection of the building sewer into the public sewer
shall be made at an angle of about 45 degrees. A 45 degree ell may be
used to make such connection, with the spigot end cut so as not to
extend past the inner surface of the public sewer. The invert of the
building sewer at the point of connection shall be at the same or at a
higher elevation that the invert of the public sewer. A smooth, neat
joint shall be made, and the connection made secure and watertight by
encasement in concrete. Special fittings may be used for the
connection only when approved by the Tribe.
Section 145-14. NOTICE TO TRIBE.
The applicant for the building sewer permit shall notify the
Tribe when the building sewer is ready for inspection and connection
to the public sewer.
Section 145-15. PRIVATE SEWAGE DISPOSAL.
(a) Where a public sanitary sewer is not available under the
provisions of Section 5-2003, the building sewer shall be
connected to a private sewage disposal system complying
with the provisions of this section.
(b) Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written
permit signed by the Office of Environmental Health,
I.H.S. The application for such permit shall be made on a
form furnished by the IHS, which the applicant shall
supplement by any plans, specifications and other
information as are deemed necessary by the Office of
Environmental Health, I.H.S.
(c) A permit for a private sewage disposal system shall not
become effective until the installation is completed to
his satisfaction of the sanitarian. He shall be allowed
to inspect the work at any stage of construction and, in
any event, the applicant for the permit shall notify the
sanitation when the work is ready for final inspection and
before any underground portions are covered. The
inspection shall be made within forty-eight (48) hours of
the receipt of notice by the sanitarian.
(d) The type, capacities, location and layout of a private
sewage disposal system shall comply with all
recommendations of the North Carolina Department of
Natural Resources & Community Development, Division of
Environmental Management. No permit shall be issued for
any private sewage disposal system employing subsurface
soil absorption facilities where the area of the lot is
less than twelve thousand (12,000) square feet. No septic
tank or cesspool shall be permitted to discharge to any
public sewer or natural outlet.
(e) At such times as a public sewer becomes available to a
property served by a private sewage disposal system, as
provided in Section 145-3, a direct connection shall be
made to a public sewer in compliance with this ordinance
at the first malfunction of the private system; and any
septic tanks, cesspools, and similar private sewage
disposal facilities shall be abandoned and filled with
suitable material.
(f) The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at
no expense to the Town.
(g) No statement contained in this section shall be construed
to interfere with any additional requirements that may be
imposed by the Indian Health Service.
Section 145-16. PROHIBITIONS ON DISCHARGES.
No person shall discharge wastes to a Tribal sanitary sewer
which cause, threaten to cause, or are capable of causing either alone
or by interaction with other substances:
(a) a fire or explosion,
(b) obstruction of flow or injury to the collection or
treatment works.
(c) danger to life or safety of personnel.
(d) a strong offensive odor that inhibits the effective
maintenance or operation of the treatment works.
(e) air pollution by the release of toxic or malodorous gases
or noxious gas-producing substances.
(f) interference with the treatment process.
(g) the Tribe effluent or any other product of the treatment
process, residues, sludges or scums, to be unsuitable
for the reclamation and reuse or to interfere with the
reclamation process.
(h) a condition unacceptable to any public agency having
regulatory jurisdiction over the final discharge of the
Tribal treatment works.
(i) conditions at or near the Tribe's treatment works which
violate any statute or any lawful rule, regulation or
ordinance of any State or Federal agency having
jurisdiction over the Tribe;
(j) the Tribe's treatment works to be hydraulically overloaded
or cause physical damage or injury to collection system or
treatment works;
(k) the Cherokee Indian Reservation collection system to be
hydraulically overloaded or cause damage to the system.
Section 145-17. PROHIBITION OF STORM DRAINAGE AND GROUND WATER.
Storm water, ground water, rain water, street drainage,
subsurface roof or yard drainage shall not be discharged through
direct or indirect connection to a Tribal sewer.
Section 145-18. PROHIBITION OF UNPOLLUTED WATER.
Unpolluted water, included by way of illusion but not limited
to cooling water, process water or blow-down water from cooling towers
or evaporative cooler shall NOT be discharged through direct or
indirect connection to a Tribal sewer unless a permit is issued by the
Eastern Band of Cherokee Indians. Unpolluted water can be discharged
to Storm Drain System.
Section 145-19. LIMITATIONS ON RADIOACTIVE WASTES.
No person shall discharge or cause to be discharged any
radioactive waste into a Tribal sewer except:
(a) when the person is authorized to use radioactive materials
by the Environmental Protection Agency or other government
agency empowered to regulate the use of radioactive
materials, and
(b) when the waste is discharged in strict conformity with the
current North Carolina Radiation Control and Atomic Energy
Commission (A.E.C.) regulations and recommendations for
safe disposal, and
(c) when the person in compliance with all lawful rules and
regulations of all the applicable regulatory agencies
having jurisdiction, and
(d) when several users are discharging radioactive wastes or
materials to the public sewer, they shall, upon
notification, cooperate in limiting the release of
material and shall file with the Eastern Band of Cherokee
Indians a statement of their agreed pro-rate discharges.
If this is not done within a reasonable time after
notification, sewer use may be discontinued by the Tribe.
Section 145-20. LIMITATIONS ON THE USE OF GARBAGE GRINDERS.
(a) Waste from garbage shredders and grinders shall not be
acceptable for discharge into a Tribal sewer except:
(1) wastes generated in preparation of food normally
consumed on the premises, or
(2) where the user has obtained permit for that specific
use from the Tribe, and agrees to undertake whatever
self-monitoring is required to enable the Tribe in
determine the waste constituents and characteristics
and applicable fees and charges.
(b) Such grinders must shred the waste to a degree that all
particles will be carried freely under normal flow
conditions prevailing in the Tribe or Tribal sewer.
Garbage grinders shall not be used for grinding plastic,
paper products, inert materials, or garden refuse.
Section 145-21. LIMITATIONS ON POINT OF DISCHARGE.
No person shall discharge any substances directly into a
manhole or other opening in a Tribal sewer other than through an
approved building sewer, unless he has been issued a permit by the
Eastern Band of Cherokee Indians. If a permit is used for such direct
discharge, the user shall pay the applicable charges and fees and
shall meet such other conditions necessary to properly treat this
discharge as required by the Eastern Band of Cherokee Indians.
Section 145-22. HOLDING TANK WASTES.
(a) No person shall discharge any holding tank waste,
including by definition, but not limited to, pumping from
septic tanks into a Tribal sewer unless he has been issued
a permit by Eastern Band of Cherokee Indians. Unless
otherwise allowed by the Tribe under the terms and
conditions of the permit, a separate permit must be
secured for each separate discharge. This permit will
state the specific location of discharge, the time of day
the discharge is to occur, the volume of the discharge and
the waste-water constituents and characteristics. If a
permit is granted for discharge of such waste into a
Tribal sewer, the user shall pay the applicable charges
and fees and shall meet such other conditions necessary to
properly treat this discharge as required by the Eastern
Band of Cherokee Indians. An exception to the above is
that no permit will be required for discharge of domestic
wastes from recreational motor home holding tanks,
provided that such discharges are made into a Tribal
approved facility designed to receive such wastes.
(b) Monitoring facilities for holding type wastes such as
those described in Section 145-22(a) shall be provided by
the user when in the judgment of the Approving Authority
they are deemed necessary for monitoring purposes.
Section 145-23. LIMITATIONS ON WASTEWATER STRENGTH.
(a) In order that the biological treatment process is not
subjected to unacceptable levels of toxic wastes and so
that the process can function properly to meet state and
federal standards, it shall be unlawful for any person to
discharge into the Tribal wastewater collection system,
waters (as measured by any sample collected by the Tribe
of OEH), containing in excess of:
(1) Constituent Code Maximum
permissible
concentration
Aluminum A1 5.0 mg/1
Arsenic As 0.5 mg/1
Barium Ba 0.5 mg/1
Boron B 0.5 mg/1
Cadmium Cd 0.5 mg/1
Cobalt Co 0.5 mg/1
Copper Cu 0.5 mg/1
Cyanide Cn 0.1 mg/1
Iron Fe 35.0 mg/1
Lead Pb 0.5 mg/1
Manganese Mn 0.5 mg/1
Mercury Hg 0.5 mg/1
Nickel Ni 0.5 mg/1
Silver Ag 0.5 mg/1
Total Chromium Cr 0.5 mg/1
Vanadium V 0.5 mg/1
Zinc Zn 0.5 mg/1
Chloroform CHC13 1.0 mg/1
Selenium Se 0.5 mg/1
Sulfate SO4 500 mg/1
Sulfide S 2.0 mg/1
Free Acidity 0
Alkalinity The Tribe may require alkalinity
addition up to 7.5 times the
NH3-N concentration of the
discharge in question.
Except in cases where one or more of the above constituents are
found in the drinking water supply. In such cases, the limits shall
be amounts listed plus the amounts found in drinking water. The
amount of constituents in the drinking water supply shall be
determined on samples caught at the particular industry during a
normal operating day. The samples will be caught within the plant at
a well used tap after running the tap a suitable length of time to
remove water that has been standing in the lines. (15 min. minimum).
(2) Having an ammonia nitrogen content of more than 40
mg/1.
(3) Having a 5 day BOD of more than 1,000 mg/1.
(4) Having a TSS content of more than 1,000 mg/1.
(5) Having a COD of more than 2,500 mg/1.
(6) Having pH lower than 6.5.
(7) Having a pH higher than 9.0.
(8) Containing more than 100 mg/1 (total) of oil and
grease on animal or vegetable and of mineral or
petroleum origin.
(9) Containing in excess of 0.02 mg/1 total identifiable
Chlorinated Hydrocarbons.
(10) Containing 1.0 mg/1 phenolic compounds which cannot
be removed by the Tribal treatment process.
(11) Containing any toxic substances or poisonous
substances in sufficient quantities to interfere with
the biological processes used at the Tribal treatment
works.
(12) Containing strong iron pickling wastes or
concentrated plating solutions unless pretreated in
such a way as to comply with all other limitations of
Section 145.23.
(13) Containing any solid or viscous substance including
but not being limited to: ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, bones,
feathers, slurry, lime residues, waxes, asphalt,
hair, tar, plastics, wood, paunch manure, butchers
offal, animal viscera, lime or any solid or viscous
substances being capable of obstruction of any kind
in either the collection system or at any point in
the treatment plant. Also any waste resulting from
process(es) involving textiles, fabrics, wool, or
other processes inert fibrous materials shall undergo
evaluation by the County. Some of these processes
have been shown to be detrimental to the treatment of
waste at the existing waste plant, the evaluation
procedure will be concerned with residual fibre
within the treatment plant and its discharges. Any
process determined by the Tribe to be creating
adverse conditions within the treatment plant by the
collection of fibrous or inert materials in its
basins, clarifiers or discharges, shall not be
allowed to continue disposing of its waste into the
sanitary sewer collection system of the Tribe, but
shall dispose of of its waste by alternative means.
(14) Containing any liquid waste or other substance that
contains dyes or other color of such character and
quantity as to prevent removal by biological
processes employed at the treatment plant.
(15) Containing any liquid or other substance that after
normal treatment require excessive amounts of
chlorine for pathogenic disinfection. This excess
chlorine demand exerted by such waste shall be
determined by comparing the chlorine demand of said
waste to obtain a free residual of 0.5 mg/1 to 15
ppm, which shall be considered to be the maximum use
rate for domestic waste to obtain the same residual.
(16) Of the industrial variety with such a volume that the
peak hourly flow rate exceeds 200 percent of the
average daily flow rate of the industry. In such
cases where a peak hourly flow of more than 200% is
discharged, the Tribe may require the discharger to
provide holding facilities of sufficient capacity so
as to discharge into the collection system at an
assigned rate over a specified period of time.
Industrial discharges which discharge hydraulic
volumes equal to or greater than fifteen (15) percent
of the treatment works design capacity, may be
required to provide flow equalization facilities
designed in accordance with the current edition of
EPA Process Manual for Upgrading Existing Wastewater
Treatment Plants.
(b) Users in industrial categories subject to effluent
guidelines issued under section 304(b) of the Federal Act
which are discharging imcompatible pollutants to publicly
owned treatment works, are required to adopt best
practicable control technology currently available, as
defined by the administrator pursuant to Section 304(b)
of the Act. Where the Eastern Band of Cherokee Indians
treatment works was designed to and does achieve
substantial removal of pollutants other than the four
pollutants listed in the definition for compatible
pollutants in Section 145-2, BOD, TSS, pH and fecal
coliform bacteria, the Approving Authority may not require
the user to achieve best practicable control technology
currently available, since this would lead to an
uneconomical duplication of treatment facilities. While
the term "substantial removal" is not subject to precise
definition, it generally contemplates removal in the order
of 80 percent or greater; minor incidental removals in the
order of 10 to 30 percent are not considered
"substantial." For some industrial categories it may be
necessary to define pretreatment guidelines from problems
that may arise as a result of the discharge into the
Tribal sewer system. However, any adjustments required
for particular industrial categories should be considered
in connection with the Tribal requirements rather than in
the national pretreatment standard. And in no case shall
any user be allowed to exceed the limits stated in Section
2.21(a).
(1) Limitations on wastewater strength in this Ordinance
may be supplemented with more stringent limitations
pursuant to Section 145.28
(2) If the Tribe determines that the limitations in
Section 145.23 may not be sufficient to enable the
Tribal treatment works to comply with water quality
control standards or effluent limitations specified
in the Tribe's National Pollutant Discharge
Elimination System (NPDES) permit, or if National
Pretreatment Guidelines issued by EPA in the future
exhibit lower values than those listed in Section
145.23, the Tribe may require additional compliances
by re-issuance of permits outlined in Sec. 145.28..
Section 145-24. DISPOSAL OF UNACCEPTABLE WASTE.
Waste not permitted to be discharged into the Tribal sewer must
be transported to a State approved disposal site.
Section 145-25. SPECIAL PROVISIONS CONCERNING DISCHARGES TO PUBLIC
SANITARY SEWERS.
If any waters or wastes (discharged or proposed to be
discharged to the public sewers) contain the substances or possess the
characteristics enumerated in Division 2, and which in the judgment of
the Approving Authority, may have a deleterious effect upon the
wastewater treatment works, processes, equipment or receiving waters,
or which create a hazard to life, or constitute a public nuisance, the
Approving Authority may reject the wastes.
The Tribe may discontinue water service or sewer service, or
both, to any user who violates Division 2, when in the judgment of the
Approving Authority such action is necessary to protect the wastewater
treatment works, processes, equipment or receiving waters from injury
or damage, or if necessary to protect life or health.
DIVISION 3: WASTEWATER VOLUME DETERMINATION
Section 145-26. METERED WATER SUPPLY.
When charges and fees are based upon the water usage, such
charges and fees shall be applied against the total amount of water
used from all sources, public private, determined by means of the user
and approved by the Tribe, adding private sources volume to the
metered water consumption.
When unpolluted water is prohibited as per Section 145-18 of
this ordinance, charges and fees will by applied ONLY against the
total wastewater discharged to the Tribal sanitary sewer. In such
case, volume of wastewater shall be determined by a flow measuring and
totalizing device purchased, installed and maintained by the user. The
location and type of the devices must be approved by the Approving
Authority.
DIVISION 4: DISCHARGE REPORT,
WASTEWATER DISCHARGE PERMITS AND ADMINISTRATION
Section 145-27. DISCHARGE REPORTS.
The Tribe may require that any person discharging or proposing
to discharge wastewater of the industrial variety into a Tribal sewer
file a periodic Discharge Report. The Discharge Report may include but
not be limited to nature of process, volume, rates of flow, mass
emission rate, production quantities, hours of operation, number and
classification of employees or other information which relates to the
generation of waste including wastewater discharge. Such reports may
also include the chemical constituents and quantity of liquid or
gaseous materials stored on-site even though they are not normally
discharged. Two copies of the report shall be provided to the Eastern
Band of Cherokee Indians to allow one copy to be forwarded to the
Water and Sewer Department. In addition to Discharge Reports, the
Tribe may require information in the form of Wastewater Discharge
Permit applications and self monitoring reports.
Section 145-28. WASTEWATER DISCHARGE PERMITS.
(a) Mandatory Permit. Each discharger of industrial
wastewaters, if not connected to a Tribal sewer, must
obtain a Wastewater Discharge Permit before connecting to
or discharging into a Tribal sewer. Each connecting
industry must obtain a Wastewater Discharge Permit within
90 days after the effective date of this Ordinance.
(b) Optional Permits. The Tribe may issue a Wastewater
Discharge Permit to any user upon application, in
accordance with the terms of this section in the following
category: any user show wastewater contains no
incompatible waste and whose compatible waste strength is
less than the normal range for domestic wastes because of
pretreatment, process changes or other reasons.
(c) Permit Application. Users seeking a Wastewater Discharge
Permit shall complete and file with the Water and Sewer
Department, an application in the form prescribed by the
Eastern Band of Cherokee Indians, and accompanied by the
applicable fees. The application shall be filed with two
copies more than the number required by the Eastern Band
of Cherokee Indians. A separate check payable to the
Tribe shall accompany the application in payment of the
applicable fees. The Director of Water and Sewer will
submit the Permit Application to the Tribe along with
recommendations from the Water and Sewer Department and
Indian Health Service. The applicant may be required to
submit, in units and terms appropriate to evaluation, the
following information:
(1) Name, address and Standard Industrial Classification
number of applicant.
(2) Volume of wastewater to be discharged.
(3) Wastewater constituents and characteristics including
but not limited to those mentioned in Section 2.21 as
determined by a laboratory approved by the Tribe.
The Tribe will make this determination available to
industry for a fee.
(4) Time and duration of discharge.
(5) Average and 30-minute peak wastewater flow rates,
including daily, monthly and seasonal variations if
any.
(6) Site plan, floor plans, mechanical and plumbing plans
and details to show all sewers and appurtenances by
size, location and elevation.
(7) Description of activities, facilities and plant
processes on the premises including all materials,
processes and types of materials which are or could
be discharged.
(8) Each product produced by type, amount and rate of
production.
(9) Number and type of employees, and hours of work.
(10) Any other information as may be reasonable deemed by
the Approving Authority to be necessary to evaluate
the permit application.
(d) Permit Conditions. Permits issued by the Tribe shall not
be in force within the Reservation limits of jurisdiction
until countersigned by the Chief.
Wastewater Discharge Permits shall be expressly subject to all
provisions Ordinance and all other Ordinances, regulations, charges
and fees established by the Eastern Band of Cherokee Indians. The
Conditions of Wastewater Discharge Permits shall be uniformly enforced
by the Rates Commission in accordance with this Ordinance, and
applicable state and federal regulations. Permits may contain the
following:
(1) The unit charge or schedule of charges and fees for
the wastewaters to be discharged into a Tribal sewer.
(2) The average and maximum wastewater constituents and
characteristics.
(3) Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(4) Requirements for installation of inspection and
sampling facilities.
(5) Pre-treatment requirements.
(6) Specifications for monitoring programs which may
include sampling locations, frequency and method of
sampling, number, types and standards for tests and
reporting schedule.
(7) Requirements for maintaining plant records relating
to wastewater discharges as specified by the Eastern
Band of Cherokee Indians.
(8) Mean and maximum mass emission rates, or other
appropriate limits when incompatible pollutants (as
defined in Sec. 145-2) are proposed or present in the
user's wastewater discharge.
(9) Other conditions as may be reasonably deemed
appropriate by the Eastern Band of Cherokee Indians
to insure compliance with this Ordinance.
(10) Where the Eastern Band of Cherokee Indians has
records of previous monitors of wastes of existing
industries, this information will be used to
determine frequency and methods of sampling, number,
types and standards for tests, reports and charges
will be set accordingly and included in the permit
conditions. Also, where pollutants are discharged
which can be accepted but are not surcharged and
costs of treatment can be determined, these charges
will also be included in the permit.
(e) Duration of Permits. Wastewater Discharge Permits shall
be issued for a specified time period, not to exceed five
(5) years. A A permit may be issued for a period of less
than a year or may be stated to expire on a specific date.
If the user is notified by the Tribe, thirty (30) days
prior to the expiration of the permit, the permit shall be
extended one (1) additional year. The terms and
conditions of the permit may be subject to modification
and change by the Eastern Band of Cherokee Indians during
the life of the permit as limitations or requirements as
identified in Section 145-23 are modified and changed. The
user shall be informed of any proposed changes in his
permit at least thirty (30) days prior to the effective
date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for
compliance.
(f) Transfer of a permit. Wastewater Discharge Permits are
issued to a specific user for a specific operation. A
Wastewater Discharge Permit shall not be reassigned or
transferred or sold to a new owner, new user, different
premises, or another or changes operation.
(g) Suspension of Revocation of Permit. Any user who violates
the conditions of the Wastewater Discharge Permit, and
provisions of the Ordinance, applicable state and federal
regulations, or any of the following is subject to having
his permit suspended or revoked:
(1) Failure of a user to factually report the wastewater
constituents and characteristics of his discharge,
(2) Failure of the user to report significant changes in
operations or wastewater constituents and
characteristics, or
(3) Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring,
(4) Failure to report a chemical spill or accidental
discharge as in Section 6.01.
Section 145-29. MONITORING FACILITIES.
(a) Users who propose to discharge, or who in the judgment of
the Approving Authority likely could discharge, wastewater
with constituents and characteristics different from that
produced by a domestic premise, may be required to install
a monitoring facility.
(b) When more than one user can discharge into a common
building sewer, the Approving Authority may require the
installation of a separate monitoring facility for each
user. Also, when in the judgment of the Approving
Authority, there is a significant difference in the
wastewater constituents and characteristics produced by
different operations of a single user, the Approving
Authority may require that separate monitoring facilities
be installed for each separate discharge.
(c) Monitoring facilities that are required to be installed
shall be constructed, operated and maintained by the user
at the user's expense. The purpose of the facility is to
enable inspection, sampling and flow measurement of
wastewater produced by a user. If sampling or metering
equipment is required by the Tribe, it shall be provided,
installed and operated at the user's expense. The
monitoring facility will normally be required to be
located on the user's premises outside the building. The
Tribe may, however, when such a location would be
impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or
sidewalk area with the approval of the public agency
having jurisdiction over that street or sidewalk, and
located so that it will not be obstructed by landscaping
or parked vehicles.
(d) If the monitoring facility is inside the user's fence,
there shall be accommodations to allow safe and immediate
access for Tribal personnel, such as a gate secured with a
Tribal lock. There will be ample room in or near such
facility to allow accurate sampling and compositing of
samples for analysis. The entire facility and the
sampling and measuring equipment shall or may be supplied
by the user, at his expense.
(e) Whether on public or private property, the monitoring
facilities shall be constructed in accordance with the
Tribe's requirements and all applicable and local Tribal
Construction standards and specifications. When in the
judgment of the Tribe the existing user is required to
have a monitoring facility, the user will be so notified
in writing. Construction must be completed within 90 days
following a written notification unless a time extension
is otherwise granted by the Eastern Band of Cherokee
Indians.
Section 145-30. INSPECTION AND SAMPLING.
The Tribe may inspect the facilities of any user to ascertain
whether the purpose of this Ordinance is being met and all
requirements are being complied with. Persons or occupants of
premises where wastewater is created or discharges shall allow the
Eastern Band of Cherokee Indians, or its representatives, ready access
at all reasonable times to all parts of the premises for purposes of
inspection or sampling or in performance of any of their duties. The
Tribe shall have the right to set up on the user's property such
devices as are necessary to conduct sampling or metering operations.
Where a user has security measures in force which would require proper
identification and clearance before entry into the premises, the user
shall make necessary arrangements with their security guards so that
upon the presentation of suitable identification, personnel from the
Tribe will be permitted to enter without delay for the purposes of
performing their specific responsibilities.
Section 145-31. PRETREATMENT.
Users shall make wastewater acceptable under the limitations
established herein before discharging in to any Tribal sewer. Any
facilities required to pretreat wastewater to a level acceptable to
the Tribe shall be provided and maintained at the user's expense.
Pretreatment facilities shall be operated continuously during periods
of wastewater discharge to the Tribal sewer in such a manner as to
produce a pretreated discharge acceptable to the Tribe as defined in
Sections 145-22, 26, 27, 28 and 34. Detailed plans showing the
pretreatment facility and operating procedures shall be submitted to
the Eastern Band of Cherokee Indians before construction of the
facility. The review and approval of such plans and operating
procedures will in no way relieve the user from the responsibility of
modifying the facility as necessary to produce an effluent complying
with the provisions of this Ordinance. Any subsequent changes in the
pretreatment facility or method of operation shall be reported to and
be approved by the Approving Authority.
Section 145-32. PROTECTION FROM ACTUAL DISCHARGE.
(a) Each user shall provide protection from accidental
discharge of prohibited materials or other wastes
regulated by this Ordinance. Facilities to prevent actual
discharge of prohibited materials shall be provided and
maintained at the user's expense. Detailed plans showing
facilities and operating procedures to provide this
protection shall be submitted to the Tribe for review, and
shall be approved by the Tribe before construction of the
facility.
(b) The review and approval of such plans and operating
procedures will in now way relieve the user from the
responsibility of modifying the facility as necessary to
provide the protection necessary to meet the requirements
of this Ordinance.
Section 145-33. CONTROL MANHOLE.
A control manhole shall be provided downstream from any
building, treatment, storage tank or any other approved works to
facilitate monitoring of industrial waste. The discharger shall
provide and maintain the control manhole pursuant to Sec. 145.29. Any
and all users may be required by the Tribe to construct a control
manhole. The user who has constructed a monitoring facility, Sec.
145-29, may be waived of the requirement of a control manhole by the
Approving Authority.
Section 145-34. FLOW CONTROL MEASURING EQUIPMENT.
Where preliminary treatment, flow-equalizing facilities, or
flow monitoring facilities are provided for any water or wastes, they
shall be maintained continuously in satisfactory and effective
operation by the property owner at his expense. All flow control
equipment including but not limited to pumps, nozzles, weirs, gates,
valves, and flumes shall be subject to the approval of the Approving
Authority.
DIVISION 5: WASTEWATER CHARGES AND FEES
Section 145-35. SCHEDULE OF CHARGES AND FEES.
A schedule of charges and fees shall be adopted by the Tribe
which will enable it to comply with the revenue requirements of the
State Clean Water Grant Program and Public Law 92-500 and said charges
and fees shall be as shown on the attached rate schedule. These rates
shall be in effect for all Users, and shall take precedence over any
terms or conditions of agreements, or contracts between the Tribe and
the Users. All industries using the Tribal collection works are
subject to industrial waste surcharges on discharges whose
characteristics exceed the limits set in Sec. 145-36 for certain
pollutants.
Section 145-36. TYPES OF CHARGES AND FEES.
The charges and fees as established in the Tribal schedules of
charges fees, may include, but not be limited to:
(a) User classification charges.
(b) Fees for extra monitoring; i.e., that which require costs
above average cost of assessing an average or
representative analysis.
(c) Fees for permit applications (include regular monitoring
charges or permits).
(d) Appeal fees.
(e) Charges and fees based on wastewater constituents and
characteristics.
(f) Ad valorem tax.
(g) Industrial waste surcharges.
(h) User charge payments.
Section 145-37. BASIS FOR DETERMINATION OF SURCHARGES.
(a) Charges and fees shall be based upon a minimum basic
charge for each computed on the basis of wastewater from a
domestic premise with the following characteristics:
BOD 250 mg/1
T. Suspended Solids 150 mg/1
Oil and Grease (Total) 40 mg/1
COD 625 mg/1
Ammonia Nitrogen 15 mg/1
(b) The charges and fees established for permit users shall be
based upon the measured or estimated constituents and
characteristics of the wastewater discharge of that user
which may include, but not be limited to BOD, COD,
Ammonia, Oil and Grease, chlorine demand and volume.
Section 145-38. METHOD OF DETERMINING SURCHARGES.
The charges for excesses of the constituents listed in Section
145-36 will be based upon the "mass emission rate" of those
constituents and determined thusly:
(a) Mass Emission Rate, MER () = MG x C x 8.34
where: MER is the mass emission rate in pounds of a
particular constituent.
MG is the millions of gallons of wastewater
discharged and
C is the concentration of mg/1 of the particular
constituency being charged for (as an example)
BOD, COD, etc. and 8.34 is equal to the number of
pounds/one gallon of water.
(b) The amount of the charge in dollars will be calculated
thusly: Ao = R x MER () where: Ao is equal to the amount
of the charge in dollars and R is equal to the rate of
charge per lb. of constituents and MER () is equal to the
lbs. of a constituent.
(c) Where a single discharge is such that more than one
constituent is excessive and subject to surcharge, the
actual surcharge will be based on the most costly
constituent rather than on the total of excessive
constituents.
An Example of Surcharge:
"X" Corporation is a producer of canned food. They discharged
1,000,000 gallons of wastewater in the month of January. Analysis
found that the wastewater had the following characteristics: BOD -
400 mg/1; TSS - 950 mg/1. There were no other limitations exceeded in
this example. There were 100 employees employed at the cannery. The
limits of BOD and TSS are 250 mg/1.
The MER of BOD is equal to:
MER BOD = (400-250) x 8.34 x 1 MG
= (150) x 8.34 x 1
= 1251 lbs of BOD or 1.212 thousand lbs. BOD
If the charge for BOD is R=$70.00/1,000 lbs. BOD, the total
charge for BOD is equal to, as...
Ao = R x MER
Ao = $70.00 x 1.121
Ao = $78.47
For TSS, the charge would be computed thusly:
MERTSS = (950-250) x 8.34 x 1 MG = 700 x 89.34 x 1 = 5838 lbs.
TSS or 5.838 thousand lbs. TSS.
At a charge of $70.00/thousand lbs., the charge for TSS - 5.838
x $70.00 = $408.66.
Total charges for January - BOD Charge - $78.47
TSS Charge - $378.66 =
The higher charge = $378.66
Section 145-39. METHOD OF DETERMINING CHARGE RATES.
(a) The Utility Commission will annually review the actual
cost of operation maintenance, and Tribal Treatment
Charges and adjust the surcharge rates and the User charge
rate (per 100 cu. ft.) to reflect the true cost of
constituent treatment. The adjustments, if any, will
become effective 30 days following the adjustment of
Tribal Treatment Charges. The Tribal Utility Commission
will review these rates and adjust them accordingly at any
time it deems adjustments are in the best interest of the
Tribe, but the Commission must review these rates at least
every two (2) years. In addition the Commission shall
make notification to each User at least annually in
conjunction with the regular billing process, of the rate
and that portion of the User charge which is attributable
to the Wastewater Treatment.
The Formula for the setting of the User Charge Rate is as
follows:
Base Rate (Minimum payment) based on 400 Cu. Ft. of Usage
CU + Administrative Overhead Calculated by Commission
CU + CT CT = Total operation & Maintenance Cost.
/Vt Vt = total volume.
CU = Cost per 100 Cu. Ft. Treated
(a) The Tribal Utility Commission does hereby se the following
surcharge rates effective from the date of this Ordinance:
COD - $70.00 per 1000 lbs. in excess of 625 mg/1
BOD5 - $70.00 per 1000 lbs. in excess of 250 mg/1
TSS - $70.00 per 1000 lbs. in excess of 250 mg/1
Total Oil & Grease - $70.00 per 1000 lbs. in excess of 40 mg/1
Section 145-40. SAMPLING PROCEDURES AND ANALYSIS
(a) All samples and determinations of wastewater
characteristics shall be as representatives of the waste
discharge as possible. The costs of regular sampling and
analysis will be included in the permit or class type.
The Tribe may take additional samples after a significant
process change which significantly affects the quantity of
strength of the wastewater discharges. The frequency of
sampling shall be as follows:
Daily Average Flow-Thousand Minimum Required Frequency of
Gallons Per Day Tests of Surcharge Parameters*
0-10 0-1 per year
10-20 1 per year
20-30 1 per six months
30-40 1 per three months
40-50 1 per month
over 50 2 per month
*More frequent sampling may be done at any time at the option
of the Tribe for any industry where pretreatment is required
or that has discharged incompatible wastes in the past.
(b) Upon request by the person concerned, the Tribe shall make
available split samples of the composite sample collected.
If the person feels the results are not representative of
their wastes, the Tribe may re-sample at a cost to the
person of the actual cost to the Tribe, which will include
sampling and analysis for BOD, TSS, COD, Ph, Chlorine
demand and Oil and Grease or Heavy Metals if necessary.
Section 145-41. SAMPLING SMALL INDUSTRIES.
Small industries with inadequate sampling facilities may, in
the event that waste characteristics do not vary more than 25%, be
charged an estimated or average surcharge for that industry.
DIVISION 6: ENFORCEMENT
Section 145-47. DUTIES OF USER UPON UNLAWFUL DISCHARGES.
(a) Any user who discharges wastes in violation of this
Ordinance shall, upon discovery thereof, immediately
notify the Tribe so that the Tribe may take necessary
countermeasures to minimize the damage to the Tribal
sewer, treatment facilities, treatment process and
receiving waters. The user shall immediately correct the
source of the violation. In addition, such user shall,
within fifteen (15) days of such occurrence deliver to the
Tribe, a written detailed report describing the cause of
such discharge and the measures taken or to be taken to
prevent a reoccurrence in the future.
(b) Any user who has an accidental discharge which violates
this Ordinance and who gives notice and report provided
for in the preceding paragraph shall be relieved from any
civil or criminal penalties unless the violations continue
to re-occur. In no case shall the user be relieved from
liability to the Tribe for any expenses, loss or damage to
the Tribal sewer system, treatment facility, treatment
processes or receiving waters, nor from liability for any
fines imposed upon the Tribe: by the Environmental
Protection Agency, under any applicable federal law or
regulation, or the Tribe under The Wastewater Discharge
Ordinance nor from termination of Service, suspension or
revocation of any discharge permit or injunctive relief if
the measures taken or to be taken to prevent a
reoccurrence are not adequate.
(c) Any user or individual who causes malicious damage to the
treatment works and or appurtenances shall have civil or
criminal actions taken against them.
Section 145-43. PENALTIES, ETC. FOR VIOLATION OF ORDINANCE.
(a) Any person, including any responsible officer or employee
of a corporate violator, who willfully or negligently
violates any provisions of this Ordinance, or falsifies
any information or data in any application, report or
other document given to the Tribe under this Ordinance,
shall be guilty of a misdemeanor. All such persons who
are subject to the criminal jurisdiction of the Cherokee
Indian Court shall be subject to imprisonment of sixty
(60) days or a fine of five thousand dollars ($500) or
both. Persons who are not subject to the criminal
jurisdiction of the Cherokee Indian Court shall be subject
to punishment in the North Carolina or United States
Courts, as appropriate, under the provisions of N.C.G.S.
Section 14-4.
(b) Any person, including any corporation, who violates any
provisions of this Ordinance shall be subject to the
imposition by the Tribal Utilities Commission of a civil
penalty not to exceed five thousand dollars ($5,000) for
each violation, and, in addition, shall reimburse the
Tribe, upon demand for any expenses, loss or damage
actually sustained by the Tribe to its sewer system,
treatment plant, treatment process or receiving waters as
a result of such violation and for the amount of any fine
or penalty imposed upon the Tribe by any state or federal
regulatory agency as a result of such violation. A civil
penalty shall be assessed only after the Tribe shall have
given the alleged violator notice of contemplated Board
action, and hearing if requested. If the offender fails
to pay the civil penalty so assessed within fifteen (15)
days after written notice of final assessment thereof,
then said penalty may be recovered by the Tribe in a civil
action in the nature of debt.
Section 145-44. INJUNCTION AND ABATEMENT.
The violation of this Ordinance is hereby declared to be a
public nuisance, and this Ordinance may be enforced by injunction and
Order of Abatement. Such actions may be commenced in the Cherokee
Indian Court against all persons subject to its jurisdiction while
those not subject to the jurisdiction of the Cherokee Court may be
subjected to the provisions of N.C.G.S. Section 160A-175 in the North
Carolina Courts or the United States Courts, as may be appropriate.
Section 145-45. TERMINATION OF SERVICE; REVOCATION OF PERMITS;
ISSUANCE OF CEASE AND DESIST ORDERS.
If any person violates any provision of this Ordinance, the
Tribe may:
(a) Terminate water or sewer service, or both, to the property
in or upon which such violation occurred;
(b) Suspend for a specified period of time or permanently
revoke any permit granted to such user under any provision
of this Ordinance; or,
(c) Issue a Cease and Desist Order directing such user to:
(1) comply with this Ordinance forthwith; (2) comply with
this Ordinance in accordance with a time schedule set
forth by the Tribe; or (3) take appropriate remedial or
preventative action; or (4) a combination of (2) and (3)
above.
Section 145-46. NOTICE AND HEARING.
Water and sewer service shall be terminated, Cease and Desist
orders shall be issued and permits shall be denied, suspended or
revoked by the Chief only after the Tribe shall have given notice to
the user of contemplated action and a hearing if requested. Provided,
however, the provisions of this paragraph shall not be held,
temporarily suspend water or sewer service, or both, to any user, if
in the considered opinion of the Approving Authority an emergency
exists or is imminent which threatens the public health, or is likely
to cause severe injury or damage to or interruption of the Tribal
sewer system, treatment plant, treatment process or threatens the
lives or severe injury to Tribal employees, agents or other authorized
personnel.
SOURCE: Res. 133, eff. Apr. 8, 1986; Ord. 133, eff. Apr. 8, 1986.
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