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York County, SC Ordinances

Updated: Nov 29, 2022

Why won't York County hold New-Indy accountable?

York County, SC Industrial and Other Waste Discharge Restrictions
York County Ordinance Legislative Findings

York County, SC Industrial Definitions
York County, SC Ordinance Definitions

York County, SC General Discharge Prohibitions.
York County, SC General Discharge Prohibitions. According to S.C. Department of Health & Environmental Control, New-Indy has excess Zinc. DHEC's testing was minimal and did not include what was needed for paper mill contaminants.

York County, SC New-Indy Containerboard. New-Indy Catawba, South Caroline.
York County, SC Revocation of Permit and Civil Penalties for Violators.

"INDUSTRIAL AND OTHER WASTES DISCHARGE RESTRICTIONS § 52.39 LEGISLATIVE FINDINGS. (A) County Council finds that the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. and regulations promulgated pursuant thereto, impose requirements for direct and indirect contributors into the wastewater collection and treatment systems of the County and any municipal wastewater treatment providers; (B) County Council finds that the adoption of uniform requirements for direct and indirect contributors into the wastewater collection and/or treatment systems of the county and the wastewater collection and treatment systems of any municipal wastewater treatment providers will provide for, promote and protect the public health, safety and welfare by: (1) Preventing the introduction of pollutants into the county wastewater system or the systems of municipal treatment providers; (2) Preventing the introduction of pollutants into the wastewater systems of the county and any municipal wastewater treatment provider which, if inadequately treated, will pass into receiving waters or the atmosphere or be incompatible with wastewater collection and treatment systems and facilities; (3) Improving the opportunity to recycle and reclaim wastewater and sludges from wastewater collection and treatment systems; (4) Codifying applicable regulations, pretreatment requirements, discharge prohibitions; protecting against accidental discharges; imposing structure and equipment requirements; prohibiting unlawful discharges without a permit; establishing requirements for permits; providing a process for connections to wastewater treatment systems; establishing reporting requirements; requiring metering and measurement of flows; providing for inspection and testing; requiring the submission of plans and operating procedures; providing powers and authority for inspections; authorizing suspension of wastewater collection and treatment services; providing for revocation of permits; providing for the notification of violators; imposing civil penalties for violations; protecting wastewater systems from damage; providing for the imposition of surcharges; and providing criminal penalties and establishing uniform requirements in order to comply with federal and state statutes, laws and regulations. (Ord. 102, passed 1-21-02)

§ 52.41 DEFINITIONS DIRECT DISCHARGE . The discharge of treated or untreated wastewater directly to the waters of the state.

INDUSTRIAL DISCHARGE . The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 USC 1317), into the systems. INDUSTRIAL WASTE . The liquid wastes, other than domestic sewage, resulting from processes or operations employed in industrial and commercial establishments.

INTERFERENCE . The inhibition or disruption of the treatment processes or operations which contributes to a violation of any requirement of the NPDES permit of the county or any wastewater treatment facility used by the county (POTW). The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 USC 1345), or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of Solid Waste Disposal Act) applicable to the method of disposal or use employed by the POTW. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES PERMIT). A permit issued pursuant to § 402 of the Act (33 USC 1342). NEW SOURCE . Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 USC 1317) categorical pre-treatment standard which will be applicable to the source, if the standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard. PERSON . Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, state or federal governmental entity or other legal entity or their legal representatives, agents or assigns. SIGNIFICANT INDUSTRIAL USER . Any industrial user of YCWSD's wastewater disposal system who: (1) Has a discharge flow of 25,000 gallons or more per average work day; (2) Has a flow greater than 5% of the flow in the YCWSD water treatment system; (3) Has in his or her wastes toxic pollutants as defined pursuant to § 307 of the Act or the state statutes and rules; or (4) Is found by the city, state or EPA to have significant impact either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system; or TOXIC POLLUTANT . Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of the Act, § 307(a), or other acts. WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, AQUIFERS, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. § 52.43 GENERAL DISCHARGE PROHIBITIONS. (5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. § 52.46 STATE REQUIREMENTS. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this subchapter. (‘77 Code, § 7-106) (Ord. 1585, passed 10-21-85; Am. Ord. 102, passed 1-21-02). § 52.47 SPECIFIC POLLUTANT LIMITATIONS Typical Domestic Waste Characteristics Parameter Concentrations (mg/1) BOD 220.000 TSS 220.000 Arsenic 0.003 Cadmium 0.003 Chromium (total) 0.023 Copper 0.061 Cyanide 0.041 Mercury 0.0003 Typical Domestic Waste Characteristics Parameter Concentrations (mg/1) Lead 0.065 Nickel 0.021 Silver 0.005 Zinc 0.0175 pH 6.0 - 10.0 § 52.72 HARMFUL CONTRIBUTIONS. (A) YCWSD or the POTW may suspend the wastewater treatment service and/or a wastewater contribution permit when suspension is necessary, in the opinion of the YCWSD or the POTW, in order to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes YCWSD or the POTW to violate any condition of any NPDES permit. § 52.73 REVOCATION OF THE PERMIT. Any user who violates the following conditions of this section or applicable state and/or federal regulations, is subject to having his or her permit revoked in accordance with the applicable provisions of this subchapter: (A) Failure of the user to report factually the wastewater constituents and characteristics of his or her discharge; (B) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; § 52.99 CIVIL PENALTIES. (A) Any person who violates any provisions of this chapter which no other specific penalty applies shall be subject to the penalty set forth in § 10.99. (B) (1) Any user who is found to have violated an order of YCWSD, County Council or POTW, or who willfully or negligently failed to comply with any provision of this chapter and the rules, regulations and permits issued hereunder, shall be subject to a civil penalty not to exceed $2,000 per day. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The civil penalties shall be imposed using the procedure set forth in S.C. Code § 6-11-85, as amended, and in SCDHEC Regulation 6-72. In addition to the penalties provided herein, YCWSD and the POTW may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit-at-law against the person found to have violated this chapter or the orders, rules, regulations and permit issued hereunder. (2) YCWSD and the POTW may recover all reasonable costs associated with the violation and/or the enforcement action to include, but not be limited to, costs for correcting problems in their respective sewer systems or treatment plants caused by the violations, costs for sampling and analysis, staff personnel manpower requirements, and all other costs. determined by YCWSD or the POTW to be related to the violation and/or enforcement action. (3) The amount of the penalty may be increased up to the maximum allowed according to the severity of the violation, the impact on the sewer systems or treatment plants, and the effect on receiving streams." (Ord. 102, passed 1-21-02)

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