March 4, 2013 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 313 Meeting of the Johnston County Board of Commissioners March 4 , 2013 10 00 am The Johnston County Board of Commissioners met in regular session Monday , March 4 , 2013 at 10 00 am in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , and Ted G Godwin Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 10 00 am Commissioner Ted G Godwin opened the meeting with a prayer Commissioner DeVan Barbour led those in attendance in the pledge of allegiance to the American flag 1 Approval Discussion of Agenda Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the agenda as presented 2 Consent Agenda Items Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the consent agenda items as follows A Approval of Minutes – February 4 , 2013 10 00 am B Department of Transportation – Additions to System The Board concurred with the Department of Transportation’s recommendation to add the following roads to the State Maintained System Brazil Nut Lane , Coconut Circle , and Chop Nut Circle – Maplewood Run Subdivision – Section 2 – Smithfield Township C Proclamation – Week of the Young Child – April 14 – 20 , 2013 The Board adopted the following proclamation declaring the week of April 14 – 20 , 2013 as The Week of the Young Child in Johnston County Proclamation The Week of the Young Child April 14 - 20 , 2013 WHEREAS , the Partnership for Children of Johnston County and other local organizations , in conjunction with the National Association for the Education of Young Children , are celebrating the Week of the Young Child , April 14 through April 20 ; and WHEREAS , these organizations are working to improve early learning opportunities , including early literacy programs , that can provide a foundation of learning for children in Johnston County ; and WHEREAS , teachers and others who make a difference in the lives of young children in Johnston County deserve thanks and recognition ; and WHEREAS , public policies that support early learning for all young children are crucial to young children’s futures NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners hereby proclaims April 14 - 20 , 2013 as The Week of the Young Child in Johnston County and encourages all citizens to work to make a good investment in early childhood in Johnston County th Adopted this the 4 day of March , 2013 Page314 March 4 , 2013 – 10 00 am Continued D Sheriff’s Department – Approval of Jail Health Plan Per the request of Sheriff Steve Bizzell , the Board approved the Jail Health Plan , as required annually by the North Carolina Jail Inspector E Sheriff’s Department – Request to Surplus Vehicle Per the request of Sheriff Steve Bizzell , the Board declared the following vehicle surplus that was involved in an accident and is considered a total loss by the insurance carrier 2007 Ford Crown Victoria – VIN 2FAFP71W97X142639 , County Asset No 018961 F Resolution in Support of Legislative Goals Adopted by the Membership of the North Carolina Association of County Commissioners The Board adopted the following resolution in support of the 2013 - 2014 legislative goals adopted by the membership of the North Carolina Association of County Commissioners at their recent legislative goals conference held on January 24 - 25 , 2013 RESOLUTION IN SUPPORT OF LEGISLATIVE GOALS ADOPTED BY THE MEMBERSHIP OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS WHEREAS , the North Carolina Association of County Commissioners was founded in 1908 as a membership organization to represent the interests of counties before the General Assembly ; WHEREAS , all 100 counties are voluntary members of the North Carolina Association of County Commissioners , making the NCACC the official voice of North Carolina counties ; WHEREAS , every two years , the membership of the NCACC develops and approves a package of legislative proposals designed to protect and enhance the interests of county governments and the citizens who live in our 100 counties ; WHEREAS , the process to generate this package of legislative goals is deliberate and inclusive and provides extensive opportunities for counties to be involved ; WHEREAS , Johnston County is an active participant within the NCACC and participated in the process to develop these legislative proposals ; WHEREAS , more than 200 county officials representing 88 counties gathered in Durham County on Jan 24 - 25 , 2013 , and debated and ultimately approved 60 proposals submitted by counties to be included in the legislative goals package ; WHEREAS , the attached proposals represent the collective wishes of all 100 counties ; NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners adopts this resolution in support of the legislative proposals adopted by the NCACC membership at its 2013 Legislative Goals Conference ; FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the General Assembly representing Johnston County to let them know of our support for these issues th Adopted this the 4 day of March , 2013 G Memorandum of Understanding with the Town of Archer Lodge – Allowing the Voluntary Agricultural District Program to Exist within the Town’s Boundaries The Board approved a Memorandum of Understanding between the County and the Town of Archer Lodge that will allow Voluntary Agricultural Districts to exist within the Town of Archer Lodge H Order to Advertise Tax Liens Pursuant to NCGS § 105 - 369 a and b1 , the total amount of unpaid real estate taxes for 2012 is 4,959,61084 as of January 31 , 2013 To satisfy the requirement of NCGS § 105 - 369 b1 , notices of unpaid delinquent taxes were sent via US mail to the owners of record as of January 8 , 2013 At the request of Tax Administrator Pat Goddard , the Board authorized the Tax Department to advertise the liens for the delinquent 2012 tax bills I Tax Releases & Refunds – 01 16 2013 – 02 15 2013 Motor Vehicle Release Refund Report Year Bill # Acct # Name Tran Type PaidPage315 March 4 , 2013 – 10 00 am Continued 2012 1210 - 457136 1207 - 471162 DAIMLER TRUST Tag Surrender 12034 2011 1206 - 399862 1203 - 416391 BANKES , ANTHONY SHAWN Release 13807 2012 1211 - 482847 1208 - 492130 BANKES , ANTHONY SHAWN Release 11103 2011 1206 - 398929 1203 - 412800 HERRING , RICKY BRIAN Release 24834 2012 1208 - 427115 1205 - 447894 SHEPHERD , MARTINEOUS DANIELE Release 45780 2012 1211 - 481068 1208 - 487114 CYN MAR CORP Overpayment 17604 2012 1211 - 481323 1208 - 487163 HARDEE , JOHN LARRY Tag Surrender 20875 2012 1301 - 504605 1210 - 508615 RUEHL , AARON MICHEAL Release 19550 2012 1212 - 491746 1209 - 506871 HAKANSSON , OLI GUNNARR Release 12245 2012 1209 - 437073 1206 - 462400 MEDLIN , MICHAEL VAN Tag Surrender 12065 2011 1205 - 384508 1202 - 402357 EDWARDS , II , ROGER LOUIS Overpayment 17870 2012 1212 - 491745 1209 - 500652 HAKANSSON , OLI GUNNARR Release 10810 2012 1212 - 495686 1209 - 507191 UPTON , DENNIS DALE Release 10004 2012 1301 - 501779 1210 - 512074 MCALLISTER , BOBBY GENE Release 12066 2012 1301 - 508104 1210 - 520521 ANDERSON , DENNIS ODELL Release 14705 2012 1301 - 504438 1210 - 521409 NEMETH , JOHN JOSEPH Release 58509 2012 1301 - 501026 1210 - 520932 ELLENBERGER , HOLLY VOKOUN Release 14906 2012 1209 - 434514 1206 - 460780 PRICE , STEVEN MICHAEL Overpayment 21204 2012 1301 - 500694 1210 - 518696 BURGGRAF , PAUL ANTHONY Release 18699 2012 1301 - 503549 1210 - 515888 STANLEY , JOHNNY MAC Release 13583 2011 1206 - 402495 1203 - 410595 JONES , DIANNE JACKSON Overpayment 14400 2010 1101 - 180399 1010 - 183711 STANLEY , JOHNNY MAC Release 17317 2011 1201 - 334186 1110 - 348628 STANLEY , JOHNNY MAC Release 15392 2012 1301 - 508714 1210 - 519944 JOHNSTON LEE COMMUNITY ACTION INC Release 61911 2012 1301 - 508719 1210 - 514426 JOHNSTON LEE COMMUNITY ACTION INC Release 98712 2012 1301 - 508716 1210 - 512450 JOHNSTON LEE COMMUNITY ACTION INC Release 10206 2012 1301 - 508712 1210 - 512775 JOHNSTON LEE COMMUNITY ACTION INC Release 12406 2012 1301 - 508718 1210 - 519981 JOHNSTON LEE COMMUNITY ACTION INC Release 47358 2012 1301 - 508713 1210 - 518906 JOHNSTON LEE COMMUNITY ACTION INC Release 61911 2012 1301 - 508717 1210 - 519668 JOHNSTON LEE COMMUNITY ACTION INC Release 47358 2012 1301 - 500166 1210 - 509533 RODRIGUEZ , JOSE ANGEL Release 10578 2012 1211 - 477288 1208 - 486697 MCLAMB , SANDRA LYNN Overpayment 10868 2010 1105 - 220860 1102 - 224848 AVERY , DONNIE RAYE Overpayment 1,25765 2012 1301 - 508828 1210 - 514566 MACNEIL , JENNIFER MARIE Release 11424 2012 1301 - 506146 1210 - 519266 ROBINSON , JUNE MASSEY Release 13483 2012 1211 - 473028 1208 - 486889 COLON , RADAMES Overpayment 10062 2012 1210 - 451507 1207 - 474970 MOBILE FLEET SERVICE INC Overpayment 20079 2012 1212 - 493264 1209 - 505036 SCHULZ , CRAIG WAYNE Release 21589 2012 1301 - 505519 1210 - 516563 PETERS , PAUL JAMES Release 15219 2012 1212 - 488192 1209 - 506507 COLLINS , BRIAN KEITH Release 36030 2012 1211 - 479125 1208 - 488909 EDWARDS ELECTRONIC SYSTEM , INC Overpayment 10458 2012 1211 - 479128 1208 - 489316 EDWARDS ELECTRONIC SYSTEMS INC Overpayment 10567 2012 1301 - 502289 1210 - 516364 SANDERFORD , DONNIE ALEX Release 15225 2012 1211 - 477866 1208 - 486013 BROCKMAN , WILLIAM ROBERT Void Refund 11065 2012 1212 - 496545 1209 - 507486 JONES , EDDIE NELSON Release 14062 2012 1210 - 455584 1207 - 474169 FLYNN , JONATHAN LINBERG Release 18955 2012 1212 - 496306 1209 - 503008 FLYNN , JONATHAN LINBERG Release 18955 2012 1208 - 419349 1205 - 442228 DUNCAN , CARLTON DUANE Release 26378 2012 1212 - 491897 1209 - 506945 KONTIR , JEFFREY MICHAEL Release 13746 2012 1301 - 507965 1210 - 518539 THORNTON , WILBERT CRAWFORD Release 20907 2011 1202 - 350655 1111 - 363893 WASHINGTON , TAMIKO LASHEA Release 23172 2012 1301 - 510844 1210 - 533742 FLYNN , JONATHAN LINBERG Overpayment 11172 Page316 March 4 , 2013 – 10 00 am Continued 2012 1212 - 496472 1209 - 503416 HOYT , III , FREDERICK WILLIAM Release 25934 2012 1301 - 510799 1210 - 520040 DAVIS , ERICK RAY Release 13433 2012 1212 - 490795 1209 - 500566 LANGDON , CORA INGRAM Release 12277 2012 1210 - 447377 1207 - 474172 HICKS , BRIAN THOMAS Overpayment 13013 2012 1212 - 493957 1209 - 501752 BROWN , AMY CELESTE Release 15025 2012 1209 - 436405 1206 - 460708 BILINSKI , RAYMOND NICHOLAS Overpayment 14378 2011 1203 - 354950 1112 - 372384 MUNDO , RUBEN ALFARO Release 17805 2012 1301 - 499811 1210 - 517286 HOLMES , ANITA YOUNG Release 21345 2012 1211 - 481364 1208 - 480847 JONES , SAMUEL GRAY Overpayment 10159 2012 1301 - 501315 1210 - 516266 HARRIS , BRANDON KEITH Overpayment 18429 2012 1301 - 501315 1210 - 516266 HARRIS , BRANDON KEITH Overpayment 37846 2012 1211 - 475361 1208 - 486623 LANCECORP INC Overpayment 13105 2011 1206 - 389150 1203 - 411965 PEARCE , DAVID LEE Overpayment 22693 2012 1210 - 453699 1207 - 478012 NUTTER , NEILL JONATHAN Release 19470 2012 1301 - 506281 1210 - 511333 JONES , JR , EARL EDWARD Release 10454 2012 1301 - 504222 1210 - 517786 JONES , BROADUS Release 10031 2011 1205 - 387112 1202 - 396623 WOODALL , JR , MEREDITH BRYAN Overpayment 10405 2011 1205 - 387112 1202 - 396623 WOODALL , JR , MEREDITH BRYAN Void Refund 10405 2011 1205 - 384508 1202 - 402357 EDWARDS , II , ROGER LOUIS Overpayment 18759 2012 1209 - 434520 1206 - 456456 PRINCE , AMY FERRELL Overpayment 24312 2012 1212 - 496565 1209 - 503905 KIGHT , JOHN DENNING Release 32616 2011 1205 - 387112 1202 - 396623 WOODALL , JR , MEREDITH BRYAN Overpayment 10405 2012 1210 - 458236 1207 - 474020 FIGUEROA , GABRIEL VINCENTE Release 11145 2012 1301 - 501136 1210 - 516870 FREDERICKSEN , MORGAN CRAIG Release 20036 2011 1206 - 394625 1203 - 411582 ATKINS , LISA CHRISTINE Overpayment 18581 2012 1207 - 404738 1204 - 429736 ROSAS , MARTIN ROJAS Overpayment 13524 2012 1301 - 507500 1210 - 520793 JOHNSTON COUNTY INDUSTRIES Release 11172 2012 1212 - 491446 1209 - 504120 CAPPS , MICHAEL WAYNE Tag Surrender 10620 2012 1211 - 479980 1208 - 488367 RYAN EDGHILL , MELODY LYNN Overpayment 14712 2012 1209 - 444107 1206 - 457445 PLEASANT , MARTY DELEAN Release 19549 2012 1211 - 481584 1208 - 486172 WITHROW , LARRY MONROE Overpayment 18689 2012 1212 - 496758 1209 - 501072 MYERS , MAEGAN ANN Release 20101 2012 1302 - 519458 1211 - 531747 COUNTY OF JOHNSTON SHERIFFS OFFICE Release 19158 2012 1302 - 519457 1211 - 530742 COUNTY OF JOHNSTON SHERIFFS OFFICE Release 19158 2012 1301 - 503169 1210 - 518934 HELMER , DANIEL THOMAS Release 48804 2012 1302 - 516086 1211 - 533190 SIMON , FRANK Z Release 41320 2012 1301 - 504654 1210 - 520888 SIMON , FRANK Z Release 40851 2012 1212 - 495428 1209 - 502284 PEEDIN , MARK ALAN Overpayment 15170 2012 1302 - 519303 1211 - 530758 BARNES , JASON GLENN Release 32049 2012 1302 - 516388 1211 - 533255 SLEDGE , KATHY MCGEE Release 53708 2012 1302 - 519309 1211 - 522501 BATTLE , DAVID ALLEN Release 14648 2012 1302 - 513599 1211 - 533780 MOON , LINDA SUMMERLIN Release 12443 2011 1202 - 349503 1111 - 362408 BARNES , JASON GLENN Release 39231 2012 1207 - 405252 1204 - 429285 BOCOCK , JR , JOHN SAMUEL Release 12033 2012 1302 - 519860 1211 - 523267 JOHNSTON LEE COMMUNITY ACTION INC Release 15106 2012 1302 - 519862 1211 - 523726 JOHNSTON LEE COMMUNITY ACTION INC Release 12946 2012 1302 - 519865 1211 - 525450 JOHNSTON LEE COMMUNITY ACTION INC Release 15106 2012 1302 - 519868 1211 - 526098 JOHNSTON LEE COMMUNITY ACTION INC Release 15106 Real Personal Property Releases TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 16 2013 4 35 49 PM ghermane 2012 - 9789 2000136419 BEISTEL , SHAWN E 49358 1 18 2013 2 33 34 PM cfutch 2011 - 74862 2000151707 ROSE , BENJAMIN N 2,00670 1 18 2013 2 36 11 PM cfutch 2012 - 77929 2000151707 ROSE , BENJAMIN N 2,00670PagePage pageNumber5317 March 4 , 2013 – 10 00 am Continued 1 18 2013 2 50 50 PM cfutch 2012 - 92834 2000083116 VINSON , BRITT D - DDS - MSD 52331 1 18 2013 3 00 53 PM cfutch 2012 - 202537 2000167398 MERRILL , BENJAMIN P 14922 1 18 2013 3 08 35 PM cfutch 2012 - 16673 2000065099 CANADA , BILLY J 16368 1 18 2013 3 51 19 PM ghermane 2012 - 19958 2000132499 CLAYTON CYCLE PERFORMANCE 28225 1 25 2013 9 37 17 AM sgarner 2012 - 202689 2000088550 PENNY , J C 1,17610 1 25 2013 9 40 31 AM sgarner 2012 - 202688 2000151037 PENNY , JC LIFE ESTATE 1,17610 1 25 2013 9 41 48 AM sgarner 2012 - 202687 2000159523 PENNY , MARK ANTHONY 1,31816 1 25 2013 9 44 33 AM sgarner 2012 - 202686 2000159523 PENNY , MARK ANTHONY 1,12636 1 25 2013 9 55 50 AM ghermane 2012 - 201293 2000017693 GOWER , WILLIAM N 10733 1 25 2013 10 00 50 AM ghermane 2012 - 37155 2000140541 GUHA , PERKINS & 50638 1 29 2013 2 34 43 PM sgarner 2012 - 24300 2000004584 CURRIE , ALBERT W 76437 1 30 2013 3 45 22 PM ghermane 2012 - 20790 2000047831 COINS , ALBERT 50164 1 30 2013 3 50 29 PM ghermane 2012 - 101642 2000161215 ADAMS - BAKER , JODY ANN 46274 1 31 2013 8 29 19 AM ghermane 2012 - 93019 2000163788 TAYLOR , EUGENE 23140 1 31 2013 3 40 03 PM ghermane 2012 - 96898 2000037892 WILKINS , JOHN C JR 12327 2 4 2013 9 44 17 AM sgarner 2012 - 50702 2000109109 KENLY MISSIONARY BAPTIST CH 14,75699 2 5 2013 9 30 24 AM ghermane 2012 - 3467 2000158497 ALLISONS HAIR SALON & NAIL 19110 2 5 2013 9 41 46 AM ghermane 2012 - 44732 2000156936 J & J PROPERTIES LLC 17893 2 5 2013 10 39 00 AM cfutch 2012 - 201879 2000099662 MCKOY , LAWRENCE 13696 2 5 2013 10 40 55 AM cfutch 2012 - 201880 2000099662 MCKOY , LAWRENCE 16516 2 5 2013 10 55 56 AM cfutch 2012 - 202580 72312390 POWELL , DONNIE R 14453 2 5 2013 10 58 46 AM cfutch 2012 - 202579 72312390 POWELL , DONNIE R 11428 2 5 2013 11 01 13 AM cfutch 2012 - 202578 72312390 POWELL , DONNIE R 10875 2 5 2013 5 11 03 PM ghermane 2012 - 66590 2000105583 NORRIS , CHARLES ANTHONY 43333 2 7 2013 10 39 49 AM ghermane 2012 - 24527 2000122228 DADA INVESTMENT INC T A 2,52029 2 7 2013 1 59 58 PM ghermane 2012 - 102625 2000164404 FOWLER , GREG & LINDA 36036 2 7 2013 2 01 58 PM ghermane 2012 - 42861 2000045474 HONEYCUTT , CLARENCE C 54260 2 11 2013 12 05 40 PM cfutch 2011 - 201600 2000162023 BRADY , DARLENE GUY 14060 2 11 2013 12 06 21 PM cfutch 2012 - 101997 2000162023 BRADY , DARLENE GUY 11352 2 11 2013 3 33 11 PM sgarner 2012 - 19152 2000029163 CHAPPELL , DEWEY DOUGLAS 36785 2 12 2013 8 38 07 AM ghermane 2012 - 48711 742 JOHNSTON ORTHOPAEDIC CTR - PA 1,58057 2 12 2013 3 36 16 PM cfutch 2012 - 27738 25863280 DRIVER , DONALD RAY 88406 Real Personal Property Refunds TRANS DATE TIME USER YR BILL # ACCT # TAXPAYER NAME AMOUNT 1 18 2013 2 34 10 PM cfutch 2013 - 200024 2000151707 ROSE , BENJAMIN N 58725 1 18 2013 2 36 28 PM cfutch 2013 - 200025 2000151707 ROSE , BENJAMIN N 58725 1 18 2013 2 51 10 PM cfutch 2012 - 92834 2000083116 VINSON , BRITT D - DDS - MSD 52331 1 18 2013 3 01 15 PM cfutch 2012 - 202537 2000167398 MERRILL , BENJAMIN P 14922 1 18 2013 3 08 52 PM cfutch 2012 - 16673 2000065099 CANADA , BILLY J 16368 1 22 2013 8 37 08 AM blbarbour 2012 - 50742 2000156043 KENLY REAL ESTATE LLC 1,02728 1 22 2013 1 17 52 PM tgreen 2012 - 49631 2000009576 JONES , TONI EUPHEMIA 20000 1 22 2013 2 11 29 PM LOCKBOX 2012 - 7713 2000137083 BAREFOOT , MICHAEL ANDREW 33273 1 22 2013 2 11 45 PM acreech 2011 - 29912 2000056616 FLYNN , ROBIN 19320 1 24 2013 11 57 00 AM jmorrow 2012 - 23442 2000151157 CRESENT STATE BANK 22885 1 24 2013 2 15 13 PM LOCKBOX 2012 - 18133 2000159471 CASH , NESBIE L 30600 1 24 2013 2 15 13 PM LOCKBOX 2012 - 90073 2000160854 THORNTON , JEFFREY MICHAEL 18669 1 25 2013 8 35 19 AM ONLINE 2012 - 44892 2000140580 JACKL , ANDREW WAYNE 14320 1 25 2013 8 35 19 AM ONLINE 2012 - 50674 49515165 KENDRICKS , FLOSSIE 56264 1 25 2013 8 35 19 AM ONLINE 2012 - 57018 2000124978 LOUKIDES , MARK H 2,08678 1 25 2013 8 35 19 AM ONLINE 2012 - 57016 2000116174 LOUKIDES , MARK H 91199 1 25 2013 8 35 19 AM ONLINE 2012 - 62615 2000117320 MILLER , DONALD JACK 93301 1 25 2013 8 35 19 AM ONLINE 2012 - 34056 2000161220 SECRETARY OF HOUSING & URB 1,08220 1 25 2013 8 35 19 AM ONLINE 2012 - 100821 2000065956 YOUNG , DONALD L 33276PagePage pageNumber6318 March 4 , 2013 – 10 00 am Continued 1 25 2013 1 23 36 PM LOCKBOX 2012 - 53075 51459967 LANGFORD , PHILLIP ELLIS 1,94366 1 28 2013 2 47 35 PM acreech 2012 - 137 2000126199 CARRIAGE CREEK LLC 1,39550 1 28 2013 2 51 11 PM LOCKBOX 2012 - 20061 2000140043 CLEVELAND CITY MGT LLC 21516 1 30 2013 3 30 27 PM dwoodward2 2012 - 24110 2000087170 CS3 PROPERTIES OF NC LLC 65442 1 31 2013 2 14 50 PM LOCKBOX 2012 - 201012 38777902 HINNANT , WILLIAM DOUGLAS JR 13865 1 31 2013 2 47 58 PM blbarbour 2012 - 80153 2000102255 SCHILD , KENNETH BRYAN 19365 2 4 2013 3 15 32 PM LOCKBOX 2012 - 9645 2000021169 BEASLEY , WADE ALLEN 18329 2 4 2013 3 15 32 PM LOCKBOX 2012 - 91318 2000125392 TROTTER , C R 69045 2 5 2013 8 49 08 AM acreech 2012 - 96799 2000101037 WILKERSON , DEBORAH ANN 99500 2 5 2013 10 39 11 AM cfutch 2012 - 201879 2000099662 MCKOY , LAWRENCE 13696 2 5 2013 10 41 08 AM cfutch 2012 - 201880 2000099662 MCKOY , LAWRENCE 16516 2 5 2013 10 56 10 AM cfutch 2012 - 202580 72312390 POWELL , DONNIE R 14453 2 5 2013 10 58 58 AM cfutch 2012 - 202579 72312390 POWELL , DONNIE R 11428 2 5 2013 11 01 38 AM cfutch 2012 - 202578 72312390 POWELL , DONNIE R 10875 2 5 2013 3 13 58 PM cfutch 2012 - 97042 2000121806 WILLA PROPERTIES INC 1,36253 2 5 2013 3 15 53 PM cfutch 2012 - 94042 2000059133 WARREN , JAMES EDGAR & 34060 2 6 2013 7 52 32 AM LOCKBOX 2011 - 6130 2000149406 BAREFOOT , MARK W 23192 2 6 2013 2 08 03 PM blbarbour 2012 - 200691 2000138907 ZENITH HOMES COMPANY 28564 2 8 2013 2 17 36 PM LOCKBOX 2012 - 71512 2000097385 PETERSON , DAVID PHILLIP 37663 2 11 2013 9 21 38 AM blbarbour 2012 - 75241 2000158102 RAYBON , IDA MAE 22398 2 11 2013 12 06 52 PM cfutch 2011 - 201600 2000162023 BRADY , DARLENE GUY 14341 2 11 2013 2 16 06 PM LOCKBOX 2012 - 56874 2000060538 LONGMIRE , TERRY 56650 2 11 2013 2 16 06 PM LOCKBOX 2012 - 97314 2000060178 WILLIAMS , DEBORAH A 46046 2 12 2013 8 25 45 AM blbarbour 2012 - 96236 2000104654 WHITLEY , JIMMY RAY 1,52971 2 12 2013 10 26 49 AM jmorrow 2012 - 34629 2000157911 GILLESPIE , ROGER M 20301 2 12 2013 3 36 37 PM cfutch 2013 - 200053 25863280 DRIVER , DONALD RAY 42808 2 12 2013 3 59 06 PM blbarbour 2012 - 63811 2000050755 MOORE , JAMES D 11924 February 19 , 2013 This is to certify that , as authorized by the Board of Commissioners on December 11 , 2000 , I have approved the following tax releases and refunds under 100 , as recommended by the County Tax Administrator , Pat Goddard A complete record of this information is on file in the County Finance Office Totals from 1 16 13 to 2 15 13 Tax refunds - Personal Real Property 1,76760 Tax releases - Personal Real Property 2,00166 Motor Vehicle releases refunds 7,88209 Recommended by Tax Administrator Pat Goddard Approved by Finance Director J Chad McLamb 3 Public Comments Request from Day by Day Treatment Center of Johnston County Earl Marett , Chairman of the Day by Day Board of Directors , addressed the Board concerning the Center’s need for additional funding Mr Marett briefly provided the Board with a background on the Day by Day Treatment Center as well as an overview of their services Mr Marett reported that due to changes with the Mental Health System in North Carolina as well as changes with Medicaid , Day by Day is experiencing funding shortfalls He noted the highest paid staff at Day by Day deferred their salary last month in an effort to continue operations He stated Day by Day has submitted a business plan to Johnston County Finance Director Chad McLamb which outlines how they are trying to operate at reduced levels until such time as they can receive funding to begin detoxification and residential services Mr Marett stated at the present time , Day by Day is operating on a 50,000 shortfall each month and in order for them to remain open , they need additional funding Commissioner Allen L Mims , Jr asked where people would go for assistance if Day by Day was not in existence Mr Marett stated there are State programs , but the waiting lists are long He added some people receive detoxification services at the hospital , which Day by Day would like to offer , and many of those people are tying up special rooms in the Emergency Department at the hospital until they can be sent somewhere else PagePage pageNumber7319 March 4 , 2013 – 10 00 am Continued Commissioner Tony Braswell asked if Day by Day is able to receive additional funding to cover the shortfall , what would be the business plan going forward to ensure operations could continue without further problems Mr Marett stated the Managed Care Organization MCO is presently in the process of reorganizing which has slowed down the funding , but he feels that contracts should start once the MCO gets organized Mr Marett also spoke on the issues with Medicaid and noted that he along with Chairman Jeffrey P Carver and Representative Leo Daughtry are meeting with the Department of Health and Human Services Secretary tomorrow to discuss the issues with Medicaid as well as the MCO Mr Marett stated he has no guarantees and a lot is based on hope , but he feels if Day by Day can start detoxification and get the residential treatment services operating again , it will help Mr Marett reported in Day by Day’s recent audit , the Center did much better last year because they were very careful with spending and made reductions Mr Marett stated the need is there to find a way to continue Upon a question by Commissioner DeVan Barbour , Mr Marett confirmed that Day by Day is presently operating on a 50,000 shortfall each month He stated Day by Day would need funding in the amount of 50,000 each month for approximately three months to continue with outpatient services until the detoxification and residential programs can begin Mr Marett noted the Day by Day staff was ready and licensed to begin those services in January ; however , there were delays with the funding and the MCO Commissioner Braswell asked if there are other similar facilities within the MCO Mr Marett stated Day by Day is unique and while there are a few other similar facilities in other MCO’s , he is unaware of any in Johnston County’s MCO Commissioner Barbour stated it appears that until the contracts are reworked , there is a cash flow problem He asked if there have been any discussions of suspending operations at Day by Day until the contracts are settled Mr Marett stated Day by Day could suspend operations ; however , there are fixed costs to consider and he stressed that the Center employs licensed staff that are much in demand across the State Phillip Taylor , Volunteer Chaplain for Day by Day , addressed the Board and spoke on the importance of the services offered by Day by Day and the dedication of those that work and volunteer for the program He asked if the alcoholic beverage tax rebate monies could be used to help fund the services at Day by Day Commissioner Mims noted the idea of looking into funds from the ABC Commission had merit Chairman Jeffrey P Carver agreed with Commissioner Mims and asked the County Manager to contact the local ABC Board Larry Massengill , Member of the Board of Directors for Day by Day , stated there is a deep - rooted dedication to keep the Day by Day program going and he asked the Board for their support He added the program has made a difference in a lot of people’s lives as well as their families At the inquiry of Chairman Carver , Finance Director Chad McLamb reported he has been working with Day by Day on their financial plan Following further discussion , the County Manager stated he would contact the ABC Board Commissioner Cookie Pope stated she would like to see discussions with the County’s Legislative Delegation Commissioner Pope noted in Governor Pat McCrory’s State of the State Address , he spoke on mental health and substance abuse issues and the need for funding those programs 4 Public Hearing – Code of Ordinances Amendment – Chapter 24 – Utilities , Article III – Sewer Service Advertised – The Smithfield Herald – February 20 and 27 , 2013 Chairman Jeffrey P Carver opened the public hearing for the purposes of receiving public comment and discussion on proposed amendments to the Johnston County Code of Ordinances Chapter 24 - Utilities , Article III – Sewer Service PagePage pageNumber8320 March 4 , 2013 – 10 00 am Continued Tim Broome , PE , Director of Utilities and Engineering , asked the Board to approve proposed amendments that have been requested by the North Carolina Department of Environment and Natural Resources Division of Water Quality – Pretreatment Section in accordance with recent State rule changes Mr Broome stated the amendments are mainly definition changes as well as changes to the allowable levels of fats , oils , and greases Mr Broome introduced Water and Wastewater Treatment Manager Dan Wall as well as Wastewater Laboratory Superintendent Jennifer Doll and he offered to answer any questions There being no further comments , the Chairman closed the public hearing Motion and Second to Approve Amendments Commissioner Tony Braswell moved the Board approve the amendments as proposed by staff to the Code of Ordinances , Chapter 24 – Utilities , Article III – Sewer Service Commissioner Cookie Pope seconded the motion Further Discussion Commissioner Ted G Godwin noted the Board had received an e - mail from a constituent regarding language in the ordinance dealing with residuals and sludge and asked if there is a difference Mr Broome stated the term “ residuals ” is a more modern term He noted that all the amendments in the ordinance have been recommended by NC DENR Vote The motion to approve the amendments as follows , carried by unanimous vote [ 29 ] ARTICLE III - SEWER SERVICE 29 Cross reference — Design standards for water and sewer , § 14 - 359 DIVISION 1 - GENERALLY Sec 24 - 101 - Purpose and policy Sec 24 - 102 - Definitions Sec 24 - 103 - Abbreviations Secs 24 - 104 — 24 - 120 - Reserved Sec 24 - 101 - Purpose and policy a This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the county , and enables the county to comply with all applicable state and federal laws , including the Clean Water Act 33 USC 1251 et seq and the General Pretreatment Regulations 40 CFR 403 The objectives of this article are to 1 Prevent the introduction of pollutants and wastewater discharges into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge ; 2 Prevent the introduction of pollutants and wastewater discharges into the municipal wastewater system which will pass through the system , inadequately treated , into any waters of the state or otherwise be incompatible with the system ; 3 Promote reuse and recycling of industrial wastewater and sludges residuals from the municipal system ; 4 Protect both municipal personnel who may be affected by sewage , sludge , and effluent in the course of their employment as well as protecting the general public ; 5 Provide for equitable distribution of the cost of operation , maintenance and improvement of the County’s municipal wastewater system ; and 6 Ensure that the county municipality complies with its NPDES or nondischarge permit conditions , sludge use and disposal requirements and any other federal or state laws to which the municipal wastewater system is subject b This article provides for the regulation of direct and indirect contributors to the municipal wastewater system , through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users , authorizes monitoring and enforcement activities , requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this article c This article shall apply to all users of the municipal wastewater system , as authorized by GS 160A - 312 and or 153A - 275 This includes users connected to collection systems owned by other municipalities where those collection systems discharge to collection systems owned by the Johnston cCounty The county shall designate the director of public utilities as the administrator of the Publicly Owned Treatment Works or POTW and pretreatment program referred to as director in this article Except as otherwise provided in this article , the director shall administer , implement , and enforce the provisions of this article Any powers granted to or imposed upon the director may be delegated by the director to other county personnel By discharging wastewater into the municipal Johnston County wastewater system , industrial users located outside county limits agree to comply with the terms and conditions established in this article , as well as any permits , enforcement actions , or orders issued under this article Ord of 10 - 1 - 1996 , § 11 PagePage pageNumber9321 March 4 , 2013 – 10 00 am Continued Sec 24 - 102 - Definitions The following words , terms and phrases , when used in this article , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning Act means the Federal Water Pollution Control Act , also known as the Clean Water Act , as amended , 33 USC 1251 et seq Approval Authority means the director of the Division of Water Quality of the North Carolina Department of Environment , and Natural Resources or his designee Authorized Representative of the Industrial User means 1 If the industrial user is a corporation , “ authorized representative ” shall mean a The president , secretary , or a vice - president of the corporation in charge of a principal business function , or any other person who performs similar policy or decision - making functions for the corporation ; or b The manager of one or more manufacturing , production , or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25,000,00000 in second - quarter 1980 dollars , if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures 2 If the industrial user is a partnership or sole proprietorship , an authorized representative shall mean a general partner or the proprietor , respectively 3 If the industrial user is a federal , state or local government facility , an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility , or their designee 4 The individuals described in subsections 1 — 3 of this definition may designate another authorized representative if the authorization is in writing , the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company , and the written authorization is submitted to the county 5 If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility , or overall responsibility for environmental matters for the company , a new authorization satisfying the requirements of this section must be submitted to the POTW director prior to or together with any reports to be signed by an authorized representative Biochemical oxygen demand BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 200 degrees Celsius , usually expressed as a concentration eg , mg l Building sewer means a sewer conveying wastewater from the premises of a user to the POTW Bypass means the intentional diversion of wastestreams from any portion of a users treatment facility Categorical standards means National Categorical Pretreatment Standards or pretreatment standard Control Authority or Johnston County Refers to the POTW organization if the POTW organization’s Pretreatment Program approval has not been withdrawn Commercial establishment and industrial establishment mean any user that has the potential to use , contribute to or otherwise impact the countys wastewater collection system or POTW Such establishments include , but are not limited to , maintenance facilities , repair facilities and equipment cleaning facilities Cooking establishment means any establishment primarily engaged in the activities of cooking , preparing , serving or otherwise making available for human consumption any form of foodstuff , and which uses one or more of the following cooking or preparation methods in connection with such activities ; cooking or preparation by frying all methods , baking all methods , grilling , sauteing , rotisserie cooking , broiling all methods , boiling , blanching , roasting , toasting , poaching , or any type of cooking or preparation that produces a hot nonpotable product in or on a receptacle that requires washing , rinsing or other form of cleaning Such establishments include , but are not limited to , restaurants , cafeterias , extended care facilities , school cafeterias public and private , and daycare facilities where meals for more than six children are prepared , served or otherwise made available for human consumption County means the County of Johnston , North Carolina , and its utility service area County Manager means the chief executive chief operating of the county who is appointed by and serves at the pleasure of the board of commissioners Director means the county director of utilities , who is the administrator designated with the responsibility for the pretreatment program and enforcement of this article , or his designated representative EPA means the US Environmental Protection Agency , or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of that agency Grab sample means a sample which is taken from a waste stream on a one - time basis without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes Grease means all greases , grease complexes , fats , oils , scum , sludges and all other organic polar compounds derived from animal and or plant sources that contain multiple carbon chain triglyceride molecules Such substances are detectable and measurable using analytical procedures established in 40 CFR 136 Grease trap and grease interceptor mean a device for separating and retaining waterborne greases before the wastewater which contains such grease exits the grease trap or interceptor into the countys wastewater collection system or POTW The grease trap or interceptor also collects settleable solids generated by or incidental to commercial , industrial and food preparation activities Holding tank waste means any waste from holding tanks , including , but not limited to , such holding tanks as vessels , chemical toilets , campers , trailers , septic tanks , and vacuum - pump tank trucks Indirect discharge and discharge mean the discharge or the introduction from any nondomestic source regulated under section 307 b , c , or d of the act , 33 USC 1317 , into the POTW including holding tank waste discharged into the system Industrial user and user mean any person which is a source of indirect discharge Page0322 March 4 , 2013 – 10 00 am Continued Instantaneous maximum allowable discharge limits means the maximum concentration of a pollutant allowed to be discharged at any time , determined from the analysis of any discrete or composited sample collected , independent of the industrial flow rate and the duration of the sampling event Interference means the inhibition , or disruption of the POTW collection system , treatment processes , operations , or its sludge process , use , or disposal , which causes or contributes to a violation of any requirement of the POTWs Control Authority’s and or POTW’s , if different from the Control Authority NPDES , collection system , or nondischarge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes , regulations , or permits The term includes prevention of sewage sludge use or disposal by the POTW in accordance with section 405 of the act , 33 USC 1345 or any criteria , guidelines , or regulations developed pursuant to the Solid Waste Disposal Act SWDA 42 USC 6901 et seq , the Clean Air Act , the Toxic Substances Control Act , the Marine Protection Research and Sanctuary Act MPRSA or more stringent state criteria including those contained in any state sludge management plan prepared pursuant to title IV of SWDA applicable to the method of disposal or use employed by the POTW Medical waste means isolation wastes , infectious agents , human blood and blood products , pathological wastes , sharps , body parts , contaminated bedding , surgical wastes , potentially contaminated laboratory wastes , and dialysis wastes National Categorical Pretreatment Standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307 b and c of the act 33 USC 1317 which applies to a specific category of industrial users , and which appears in 40 CFR chapter 1 , subchapter N , parts 405 — 471 National Pollution Discharge Elimination System or NPDES permit means a permit issued pursuant to section 402 of the act 33 USC 1342 , or pursuant to GS 143 - 2151 by the state under delegation from EPA National Prohibitive Discharge Standard and prohibitive discharge standard mean absolute prohibitions against the discharge of certain substances ; these prohibitions appear in section 24 - 121 and are developed under the authority of 307 b of the act and 40 CFR 4035 New source means 1 Any building , structure , facility , or installation from which there may be a discharge of pollutants , the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307 c of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307 c , provided that the a Building , structure , facility , or installation is constructed at a site at which no other source is located ; b Building , structure , facility , or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source ; or c Production or wastewater generating processes of the building , structure , facility , or installation are substantially independent of an existing source at the same site In determining whether these are substantially independent , factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered 2 Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building , structure , facility , or installation meeting the criteria of subsection 1 b or c of this definition but otherwise alters , replaces , or adds to existing process or production equipment 3 For purposes of this definition , construction of a new source has commenced if the owner or operator has a Begun , or caused to begin , as part of a continuous on - site construction program 1 Any placement , assembly , or installation of facilities or equipment ; or 2 Significant site preparation work , including clearing , excavation , or removal of existing buildings , structures or facilities which is necessary for the placement , assembly , or installation of new source facilities or equipment ; or b Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time Options to purchase or contracts which can be terminated or modified without substantial loss , and contracts for feasibility , engineering , and design studies do not constitute a contractual obligation under this definition Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material , intermediate product , waste product , or finished product Noncooking establishment means any establishment primarily engaged in the rendering or preparation of pre - cooked foodstuffs that do not require or involve any form of cooking Such establishments include , but are not limited to , establishments that are primarily engaged in the rendering preparation of cold dairy and frozen foodstuffs Non - discharge Permit means a disposal system permit issued by the State pursuant to NCGS 143 - 2151 d for a waste which is not discharged directly to surface waters of the State or for a wastewater treatment works which does not discharge directly to surface waters of the State Pass Through means a discharge which exits the POTW into waters of the state in quantities or concentrations which , alone or with discharges from other sources , causes a violation , including an increase in the magnitude or duration of a violation , of the POTWs NPDES , collection system , or nondischarge permit , or a downstream water quality standard even if not included in the permit Person means any individual , partnership , co - partnership , firm , company , corporation , association , joint stock company , trust , estate , governmental entity or any other legal entity , or their legal representatives , agents or assigns This definition includes all Federal , State , and local government entities pH means a measure of the acidity or alkalinity of a substance , expressed as standard units , and calculated as the logarithm base 10 of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution Pollutant means any waste as defined in NCGS 143 - 213 18 and dredged spoil , solid waste , incinerator residue , sewage , garbage , sewage sludge , munitions , medical wastes , chemical wastes , biological materials , radioactive materials , heat , wrecked or discarded equipment , rock , sand , cellar dirt and industrial , municipal , and agricultural waste and certain characteristics of wastewater eg , pH , temperature , TSS , turbidity , color , metals , BOD , COD , toxicity , or and odor POTW Director means a Johnston County administrator designated with the responsibility for the pretreatment programPage1323 March 4 , 2013 – 10 00 am Continued and enforcement of this Sewer Use Ordinance the chief administrative officer of the Control Authority or his her delegate POTW Treatment Plant means that portion of the POTW designed to provide treatment to wastewater Pretreatment and Treatment means the reduction of the amount of pollutants , the elimination of pollutants , or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollution into a POTW collection system and or treatment plant The reduction or alteration can be obtained by physical , chemical or biological processes , or process changes or other means , except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard except as prohibited by 40 CFR Part 403 d d Pretreatment Program means the program for the control of pollutants introduced into the POTW from non - domestic sources which was developed by Johnston County in compliance with 40 CFR 4038 and approved by the approval authority as authorized by NCGS 143 - 2153 a 14 in accordance with 40CFR 40311 Pretreatment requirements means any substantive or procedural requirement related to pretreatment , other than a pretreatment standard Pretreatment standards means prohibited discharge standards , categorical standards , and or local limits which applies to an industrial user Publicly Owned Treatment Works POTW or Municipal Wastewater System means a treatment works as defined by section 212 of the Act , 33 USC § 1292 which is owned in this instance by the county This definition includes any devices or systems used in the collection , storage , treatment , recycling , and reclamation of municipal sewage or industrial wastes of a liquid nature It also includes sewers , pipes , and other conveyances only if they convey wastewater to the POTW treatment plant including those owned by other municipalities For the purposes of this ordinance , POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the county who are , by contract or agreement with the county , or in any other way , users of the POTW of the county Severe property damage means substantial physical damage to property , damage to the users treatment facilities which causes them to become inoperable , or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage does not mean economic loss caused by delays in production Significant Industrial User means any industrial user of the wastewater disposal system who that discharges wastewater into a publicly owned treatment works and that 1 Has an average daily process wastewater flow of 25,000 gallons or more , or discharges an average of 25,000 gallons or more of process wastewater to the POTW excluding sanitary , noncontact cooling and boiler blowdown 2 Contributes more than 5 of any design or treatment capacity ie , allowable pollutant load of the wastewater treatment plant receiving the indirect discharge , or 3 is required to meet a National categorical pretreatment standard , or is subject to Categorical Pretreatment Standards under 40 CFR Part 4036 and 40 CFR Chapter I , Subchapter N , Parts 405 - 471 , or 4 is found by the Johnston County Director Director of Utilities , the Division of Water Quality , or the US Environmental Protection Agency EPA to have the potential for impact , either singly or in combination with other contributing industrial users , on the wastewater treatment system , the quality of sludge , the systems effluent quality , or compliance with any pretreatment standards or requirements is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation , or for violating any Pretreatment Standard or requirement , or for contributing to violations of the POTW’s effluent limitations and conditions in its NPDES or non - discharge permit , or for contributing to violations of the POTW’s receiving stream standard , or for limiting the POTW’s sludge disposal option 5 Subject to division approval under 15A NCAAC 02H 0907 b , the Control Authority may determine that an Industrial User meeting the criteria in paragraphs A and B above has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standards or requirement , or for contributing to violations of the POTW’s effluent limitations and conditions in its NPDES or non - discharge permit , or for contributing to thus is violations of the POTW’s receiving stream standard , or for limiting the POTW’s sludge disposal options , and is not a Significant Industrial User Significant Noncompliance or Reportable Noncompliance or SNC means a status of noncompliance defined as follows of aA Significant Industrial User or an Industrial User is in SNC when one or more of the following criteria are met Additionally , any Industrial User which meets the criteria in this article shall also be SNC 1 Violations of wastewater discharge limits a Chronic Violations Sixty - six percent or more of the measurements exceed by any magnitude the same daily maximum limit or the same average limit in a six - month period of wastewater discharge limits , defined here as those in which sixty - six percent or more of all the measurements taken for the same pollutant parameter not including flow during a six month period exceed by any magnitude a numeric Pretreatment Standard or Requirement including instantaneous limits , as defined by 40 CFR Part 4033 1 b Technical Review Criteria TRC violations Thirty - three percent or more of the measurements are greater than or equal to the TRC times the limit maximum or average in a six - month period There are two groups of TRCs For the conventional pollutants BOD , TSS , fats , oil and grease TRC 14 for all other pollutants TRC 12 Ddefined here as those in which thirty - three percent or more of all the measurements taken for the same pollutant parameter during a six month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits , as defined by 40 CFR 4033 1 multiplied by the applicable TRC ; TRC 14 for BOD , TSS , fats oil and grease , 12 for all other pollutants except flow and ph c Any other violation s of an effluent limit average or daily maximum that the control authority believes has caused , alone or in combination with other discharges , interference or pass - through ; or endangered the health of the sewage treatment plant personnel or the public of a Pretreatment Standard or Requirement as defined by 40 CFR Part 4033 1 daily maximum , long term average , instantaneous limit , or narrative standard the Control Authority and or POTW determines has caused , alone or in combination with other discharges , interference or pass through including endangeringPage2324 March 4 , 2013 – 10 00 am Continued the health of POTW personnel or the general public ; d Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health welfare or to the environment or has resulted in either the Control Authority’s or the POTWs if different from the Control Authority , exercise of its emergency authority under 40 CFR Part 4038 f 1 vi B and this article to halt or prevent such a discharge 2 Violations of compliance schedule milestones , contained in a pretreatment permit or enforcement order , for starting construction , completing construction , and attaining final compliance by 90 days or more after the schedule date 3 Failure to provide reports for compliance schedule , self - monitoring data , baseline monitoring reports , 90 - day compliance reports , and periodic compliance reports within 30 45 days from the due date 4 Failure to accurately report noncompliance 5 Any other violation or group of violations that the Ccontrol Aauthority and or POTWconsiders to be significant determines will adversely affect the operation or implementation of the local pretreatment program Slug Load or Discharge means any discharge at a flow rate or concentration which has a reasonable potential to cause interference or pass - through , or in any other way violates the POTWs regulations , local limits , or Industrial User Permit Conditions This can include but is not limited to spills and other accidental discharges ; discharges of a non - routine , episodic nature ; a non - customary batch discharge ; or any other discharges that can cause a violation of the prohibited discharge standards in Section 24 - 121 of this ordinance Standard Industrial Classification SIC means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President , Office of Management and Budget , 1987 Storm Water means any flow occurring during or following any form of natural precipitation and resulting from such precipitation Superintendent and director superintendent mean the person designated by the director to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article , or his duly authorized representative Suspended solids means the total suspended matter that floats on the surface of , or is suspended in , water , wastewater or other liquids , and which is removable by laboratory filtering Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user An upset does not include noncompliance to the extent caused by operational error , improperly designed treatment facilities , inadequate treatment facilities , lack of preventive maintenance , or careless or improper operation Wastewater means the liquid and water - carried industrial or domestic wastes from dwellings , commercial buildings , industrial facilities , mobile sources , treatment facilities and institutions , together with any groundwater , surface water , and stormwater that may be present , whether treated or untreated , which are contributed into or permitted to enter the POTW Wastewater permit means a permit as set forth in section 24 - 172 Waters of the state means all streams , rivers , brooks , swamps , sounds , tidal estuaries , bays , creeks , lakes , waterways , reservoirs lakes , ponds , marshes , watercourse , 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 of the state This ordinance is gender neutral and the masculine gender shall include the feminine and vice - versa “ Shall ” is mandatory ; “ may ” is permissive or discretionary The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use Ord of 10 - 1 - 1996 , § 12 a ; Ord of 12 - 3 - 2000 ; Amend of 3 - 3 - 2008 3 Cross reference — Definitions generally , § 1 - 2 Sec 24 - 103 - Abbreviations The following abbreviations , when used in this article , shall have the designated meanings BOD Biochemical oxygen demand 5 CFR Code of Federal Regulations COD Chemical oxygen demand EPA Environmental Protection Agency gpd Gallons per day l Liter mg Milligrams mg l Milligrams per liter NCGS North Carolina General Statutes NPDES National Pollution Discharge Elimination System O & M Operation and maintenance POTW Publicly - owned treatment works RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification SWDA Solid Waste Disposal Act TSS Total suspended solids TKN Total Kjeldahl nitrogen USC United States Code Ord of 10 - 1 - 1996 , § 12 e ; Amend of 3 - 3 - 2008 3 Secs 24 - 104 — 24 - 120 - Reserved DIVISION 2 - USE REQUIREMENTS Sec 24 - 121 - Prohibited discharge standards Page3325 March 4 , 2013 – 10 00 am Continued Sec 24 - 122 - National Categorical Pretreatment Standards Sec 24 - 123 - Local limits Sec 24 - 124 - State requirements Sec 24 - 125 - Right of revision Sec 24 - 126 - Dilution Sec 24 - 127 - Pretreatment of wastewater Sec 24 - 128 - Grease trap and interceptor installation , maintenance , recordkeeping and removal Sec 24 - 129 - Accidental discharge slug control plans Sec 24 - 130 - Hauled wastewater Secs 24 - 131 — 24 - 150 - Reserved Sec 24 - 121 - Prohibited discharge standards a General prohibitions No user shall contribute or cause to be contributed into the POTW , directly or indirectly , any pollutant or wastewater which causes interference or pass through These general prohibitions apply to all users of a POTW whether or not the user is a significant industrial user or subject to any national , state , or local pretreatment standards or requirements b Specific prohibitions No user shall contribute or cause to be contributed into the POTW the following pollutants , substances , or wastewater 1 Pollutants which create a fire or explosive hazard in the POTW , including , but not limited to , wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit 60 degrees Celsius using the test methods specified in 40 CFR 26121 2 Ashes , cinders , sand , mud , straw , shaving , metal , glass , septic tank sludge , hair , bones , feathers , tar , plastics , resins , paint , wood , paunch manure , butchers offal , dead animals , recognizable portions of the human or animal anatomy or any other solids or viscous substances capable of causing obstructions to the flow in wastewater lines , or other interference with the proper operation of the wastewater collection system , pumping facilities , or the wastewater treatment plant 3 Petroleum oil , nonbiodegradable cutting oil , or products of mineral oil origin , in amounts that will cause interference or pass through 4 Any wastewater having a pH less than 60 or more than 90 or wastewater having any other corrosive property capable of causing damage to the POTW or equipment 5 Any wastewater containing pollutants , including oxygen - demanding pollutants , BOD , etc in sufficient quantity , flow or concentration , either singly or by interaction with other pollutants , to cause interference with the POTW 6 Any wastewater having a temperature greater than 150 degrees Fahrenheit 66 degrees Celsius , or which will inhibit biological activity in the POTW treatment plant resulting in interference , but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees Fahrenheit 40 degrees Celsius 7 Any pollutants which result in the presence of toxic gases , vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems 8 Any trucked or hauled pollutants , except at discharge points designated by the director in accordance with section 24 - 129 9 Any noxious or malodorous liquids , gases , or solids or other wastewater which , either singly or by interaction with other wastes , are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair 10 Any substance which may cause the POTWs effluent or any other product of the POTW such as residues , sludges , or scums , to be unsuitable for reclamation and reuse or to interfere with the reclamation process In no case , shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal regulations or permits issued under section 405 of the act ; the Solid Waste Disposal Act , the Clean Air Act , the Toxic Substances Control Act , or state criteria applicable to the sludge management method being used 11 Any wastewater which imparts color which cannot be removed by the treatment process , including , but not limited to , dye wastes and vegetable tanning solutions , which consequently imparts sufficient color to the treatment plants effluent to render the waters injurious to public health or secondary recreation or to aquatic life and wildlife or to adversely affect the palatability of fish or aesthetic quality or impair the receiving waters for any designated uses 12 Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations 13 Stormwater , surface water , groundwater , artesian well water , roof runoff , subsurface drainage , swimming pool drainage , condensate , deionized water , noncontact cooling water and unpolluted industrial wastewater , unless specifically authorized by the director 14 Fats , oils , or greases of animal or vegetable origin in concentrations greater than 50 mg l , unless specifically authorized by the director 15 Any sludges , screenings or other residues from the pretreatment of any wastes , including industrial wastes 16 Any medical wastes , except as specifically authorized by the director in a wastewater discharge permit 17 Any material containing ammonia , ammonia salts , or other chelating agents which will produce metallic complexes that interfere with the municipal wastewater system 18 Any material that would be identi