Subject to Division approval under 15A NCAC 02H .0907(b), the control authority may determine that:
(a) an industrial user meeting the criteria in part (1) and (2) of the definition of significant industrial user contained in section 36-172 of this division, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirements, the POTW's effluent limitations and conditions in its NPDES or non-discharge permit, or to limit the POTW's sludge disposal options, and thus is not a significant industrial user.
(b) an industrial user meeting the criteria in part (3) of the definition of significant industrial user contained in section 36-172 of this division meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical industrial user.
(c) an industrial user meeting the criteria in parts (1), (2), or (3) of the definition of significant industrial user contained in section 36-172 of this division meets the requirements of 40 CFR Part 403.12(e)(3) and thus is a middle tier significant industrial user. Sampling and inspection requirements may be reduced as per 40 CFR Parts 403.8(f)(2)(v)(C) and 403.12(e)(3).
(Ord. No. 2011-Code-09, 12-15-2011)