(a) Permit requirement. All significant industrial users shall obtain a significant industrial user permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the City Manager to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the City Manager’s determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the City Manager be required to obtain a wastewater discharge permit for non-significant industrial users.
(b) Significant Industrial User Determination. All persons proposing to discharge non-domestic wastewater, or proposing to change the volume or characteristics of an existing discharge of non-domestic wastewater shall request from the City Manager a significant industrial user determination. If the City Manager determines or suspects that the proposed discharge fits the significant industrial user criteria he will require that a significant industrial user permit application be filed.
(c) Significant Industrial User Permit Application. Users required to obtain a significant industrial user permit shall complete and file with the city, an application in the form prescribed by the City Manager, and accompanied by an application fee in the amount prescribed in the schedule of charges and fees. Significant industrial users shall apply for a significant industrial user permit within 90 days after notification of the City Manager’s determination in 5-1-215 above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location, (if different from the address);
(2) Standard Industrial Classification (SIC) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated;
(3) Analytical data on wastewater constituents and characteristics including but not limited to those mentioned in Article B of this chapter, any of the priority pollutants (section 307(a) of the Act) which the applicant knows or suspects are present in the discharge as determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of the indirect discharge;
(5) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flow and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or could be accidentally or intentionally discharged;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
(i) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the constructions and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine (9) months.
(ii) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the City Manager including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the City Manager.
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12(b) and 15A NCAC 2H.0908(a), as outlined in section 5-2-40 of this chapter.
(14) Any other information as may be deemed by the City Manager to be necessary to evaluate the permit application.
(d) Application Signatories and Certification.
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(e) Application Review And Evaluation. The City Manager will evaluate the data furnished by the user and may require additional information.
(1) The City Manager is authorized to accept applications for the city and shall refer all applications to the POTW staff for review and evaluation.
(2) Within 30 days of receipt the City Manager shall acknowledge and accept the complete application; or if not complete, shall return the application to the applicant with a statement of what additional information is required.
(f) Tentative Determination and Draft Permit.
(1) The POTW staff shall conduct a review of the application and an on-site inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the significant industrial user permit.
(2) If the staff’s tentative determination in Paragraph (1) above is to issue the permit, the following additional determinations shall be made in writing:
(i) proposed discharge limitations for those pollutants proposed to be limited;
(ii) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and
(iii) a brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.
(3) The staff shall organize the determinations made pursuant to Paragraphs (1) and (2) above and the city’s general permit conditions into a significant industrial user permit.
(g) Permit Synopsis. A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant and the approval authority and shall be made available to the public upon request. The contents of such fact sheets shall include at least the following information:
(1) a sketch and detailed description of the industrial facilities and pretreatment facilities including the location of all points of discharge to the POTW and all established compliance monitoring points.
(2) a quantitative description of the discharge described in the application which includes at least the following:
(i) the rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow;
(ii) the actual average daily discharge in pounds per day of any limited pollutant and any pollutant identified in the application as known or suspected present; and,
(iii) the basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards.
(h) Final Action On Significant Industrial User Permit Applications.
(1) The City Manager shall take final action on all applications not later than 90 days following receipt of a complete application.
(2) The City Manager is authorized to:
(i) issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this chapter and N.C.G.S. 143-215.1;
(ii) issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;
(iii) modify any permit upon not less than 60 days notice and pursuant to section 5-2-31 (J) of this chapter;
(iv) revoke any permit pursuant to section 5-2-81 of this chapter;
(v) suspend a permit pursuant to section 5-2-81 of this chapter;
(vi) deny a permit application when in the opinion of the City Manager such discharge may cause or contribute to pass-through or interference of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. 143-215.1.
(i) Hearings. The local government may conduct hearings in accordance with its regular hearing procedure.
(1) Appeals Hearing. Any decision of the City Manager may be appealed, to the City Council upon filing a written demand within 10 days of receipt of notice of the decision. Hearings held under this Subdivision shall be conducted in accordance with the City Council regulations governing public hearings. Failure to make written demand within the time specified herein shall bar further appeal. The City Council shall make a final decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
(i) New Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(ii) Renewed Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed permit, the terms and conditions of the existing permit remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
(2) Official record. When a final decision is issued under section 5-2-31(i)(1) above, the City Council shall prepare an official record of the case that includes:
(i) All notices, motions, and other like pleadings;
(ii) A copy of all documentary evidence introduced;
(iii) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken.
(iv) A copy of the final decision of City Council.
(3) Judicial Review. Any person against whom a final order or decision of the City Council is entered, pursuant to the hearing conducted under section 5-2-31(i)(1) above, may seek judicial review of the order or decision by filing a written petition within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of Catawba County along with a copy to the city. Within 30 days after receipt of the copy of the petition of judicial review, the City Council shall transmit to the reviewing court the original or a certified copy of the official record.
(j) Permit Modification.
(1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:
(i) changes in the ownership of the discharge when no other change in the permit is indicated.
(ii) a single modification of any compliance schedule not in excess of four months.
(iii) modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(2) Within nine months of the promulgation of a National categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by section 5-2-31(c). The user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National categorical pretreatment standard.
(3) A request for a modification by the permittee shall constitute a waiver of the 60 day notice required by G.S. 143-215.1(b) for modifications.
(k) Permit Conditions.
(1) The City Manager shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this chapter and N.C.G.S. 143-215.1. Wastewater permits shall contain, but are not limited to, the following:
(i) a statement of duration (in no case more than five years);
(ii) a statement of non-transferability;
(iii) applicable effluent limits based on categorical standards or local limits or both;
(iv) applicable monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State and local law;
(v) notification requirements for slug loads; and,
(vi) a statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.
(2) In addition, permits may contain, but are not limited to, the following:
(i) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization.
(ii) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
(iii) Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(iv) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.
(v) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
(vi) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.
(vii) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(viii) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
(ix) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within thirty (30) days where self- monitoring indicates a violation(s).
(x) Compliance schedules for meeting pretreatment standards and requirements.
(xi) Requirements for submission of periodic self- monitoring or special notification reports.
(xii) Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in section 5-2-51 and affording the City Manager, or his representatives, access thereto.
(xiii) Requirements for prior notification and approval by the City Manager of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.
(xiv) Requirements for the prior notification and approval by the City Manager of any change in the manufacturing and/or pretreatment process used by the permittee.
(xv) Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system.
(xvi) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the terms of the permit.
(xvii) Other conditions as deemed appropriate by the City Manager to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.
(l) Permits Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date.
(m) Permit Transfer. Wastewater 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 a new or changed operation.
(n) Permit Reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with section 5-2-31 a minimum of 180 days prior to the expiration of the existing permit.
(Ord. of 6/6/94, No. 223-94)