§ 52.041 WASTEWATER PERMITS.
   (A)   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 Superintendent or Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the Superintendent's or Director's determination. Industrial users who do not fit the significant industrial user criteria may, at the discretion of the Superintendent or Director, 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 Superintendent or Director a significant industrial user determination. If the Superintendent or Director 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 town an application in the form prescribed by the Superintendent or Director. Significant industrial users shall apply for a significant industrial user permit within 90 days after notification of the Superintendent's or Director's determination in division (B) above. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Name of industrial user;
      (2)   Address of industrial user;
      (3)   Standard industrial classification (SIC) code(s) or expected classification and industrial user category;
      (4)   Wastewater flows to include: average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any expected;
      (5)   Types and concentrations (or mass) of pollutants contained, or expected in the discharge;
      (6)   Lists of products manufactured or services supplied;
      (7)   Description of activities, facilities and plant processes on the premises, including a description of existing on-site pretreatment facilities and practices;
      (8)   Flow diagram or sewer map to include sewer lines, floor drains, and discharge points;
      (9)   Raw materials used and stored at the site;
      (10)   Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
      (11)   Description of current and projected waste reduction activities in accordance with G.S. § 143-215.1(g);
      (12)   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 § 52.050 of this chapter;
      (13)   Any other information as may be deemed by the Superintendent or Director 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 the current authorized representative of the user on file with the control authority and/or municipality as defined in § 52.002(A)(a)2., 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 Superintendent or Director will evaluate the data furnished by the user and may require additional information.
      (1)   The Superintendent or Director is authorized to accept applications for the town and shall refer all applications to the POTW staff for review and evaluation.
      (2)   Within 60 days of receipt the Superintendent or Director 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 division (F)(1) above is to issue the permit, the following additional determinations shall be made in writing:
         (a)   Proposed discharge limitations for those pollutants proposed to be limited;
         (b)   A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and
         (c)   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 divisions (F)(1) and (F)(2) above and the town's general permit conditions into a significant industrial user permit.
   (G)   Permit supporting documentation. The Control Authority staff shall prepare the following documents for all significant industrial user permits.
      (1)   An allocation table (AT) listing permit information for all significant industrial users, including but not limited to permit limits, permit effective and expiration dates, and a comparison of total permitted flows and loads with Division-approved maximum allowable loadings of the POTW, including flow, on forms or in a format approved by the Division. The AT shall be updated as permits are issued and renewed, and as permits are modified where the permitted limits or other AT information is revised.
      (2)   The basis, or rationale, for pretreatment limitations, including the following:
         (a)   Documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards; and
         (b)   Documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.12(e)(2).
   (H)   Final action on significant industrial user permit applications.
      (1)   The Superintendent or Director shall take final action on all applications not later than 90 days following receipt of a complete application.
      (2)   The Superintendent or Director is authorized to:
         (a)   Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this chapter and G.S. § 143-215.1;
         (b)   Issue a significant industrial user permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;
         (c)   Modify any permit upon not less than 60 days notice and pursuant to § 52.041(J);
         (d)   Revoke any permit pursuant to § 52.990;
         (e)   Suspend a permit pursuant to § 52.990;
         (f)   Deny a permit application when in the opinion of the Superintendent or Director 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.
      (1)   Adjudicatory hearing. An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under § 52.991, or one issued an administrative order under § 52.990 , shall have the right to an adjudicatory hearing before a hearing officer designated by the Town Manager upon making written demand, identifying the specific issues to be contested, to the Town Manager within 30 days following receipt of the significant industrial user permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The conditions/requirements in the newly issued permit, civil penalty, or administrative order shall be stayed pending the adjudicatory hearing, however, the user shall be fully liable for any and all damages to the POTW and any fines and penalties levied against the town which were the result of the user failing to comply with the stayed conditions of the permit, penalty, or order pending the adjudicatory hearing. The hearing officer shall make a final decision on the contested permit, penalty, or order within 45 days of the receipt of the written demand for a hearing. The Town Manager shall transmit a copy of the hearing officer's decision by registered or certified mail as described in division (I)(3) below. The decision is a final decision for the purposes of seeking a judicial review. The terms and conditions of a permit under appeal shall be as follows:
         (a)   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.
         (b)   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.
         (c)   Terminated permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
      (2)   Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing held under division (I)(1) above may be appealed to the Town Council upon filing a written demand within ten days of receipt of notice of the decision. Hearings held under this division shall be conducted in accordance with local hearing procedures. Failure to make written demand within the time specified herein shall bar further appeal. The Town 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 as described in division (I)(3) below. The decision is a final decision for the purpose of seeking judicial review.
      (3)   Official record. When a final decision is issued under division (I)(2) above, the Town Council shall prepare an official record of the case that includes:
         (a)   All notices, motions, and other like pleadings;
         (b)   A copy of all documentary evidence introduced;
         (c)   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.
         (d)   A copy of the final decision of Town Council.
      (4)   Judicial review. Any person against whom a final order or decision of the Town Council is entered, pursuant to the hearing conducted under division (I)(2) above, may seek judicial review of the order or decision by filing a written request for review by the Superior Court of Johnston County within 30 days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, along with a copy to the town. Within 30 days after receipt of the copy of the petition of judicial review, the Town 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 listed below. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
         (a)   Changes in the ownership of the discharge when no other change in the permit is indicated;
         (b)   A single modification of any compliance schedule not in excess of four months;
         (c)   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 § 52.041(B), 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 Superintendent or Director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this chapter and G.S. § 143-215.1. Wastewater permits shall contain, but are not limited to, the following:
         (a)   A statement of duration (in no case more than five years);
         (b)   A statement of non-transferability;
         (c)   Applicable effluent limits based on categorical standards or local limits or both;
         (d)   Applicable monitoring, sampling, reporting, notification, and recordkeeping 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;
         (e)   Requirements for notifying the POTW in the event of an accidental discharge or slug load as defined in § 52.002(A);
         (f)   A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule;
         (g)   Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in § 52.002(A), if determined by the Wastewater Superintendent or Director to be necessary for the user; and
         (h)   Requirements for immediately notifying the POTW of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load as defined in § 52.002(A). Also see §§ 52.055 and 52.056.
      (2)   In addition, permits may contain, but are not limited to, the following:
         (a)   Limits on the average and/or maximum rate of discharge, and requirements for flow regulation and equalization.
         (b)   Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
         (c)   Requirements for the installation of pretreatment technology or construction of appropriate containment devices and the like, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
         (d)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
         (e)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
         (f)   A statement of applicable civil and/or criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule;
         (g)   Requirements for installation and maintenance of inspection and sampling facilities and equipment.
         (h)   Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
         (i)   Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation.
         (j)   Compliance schedules for meeting pretreatment standards and requirements.
         (k)   Requirements for submission of periodic self-monitoring or special notification reports.
         (l)   Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in § 52.062 and affording the Superintendent or Director, or his or her representatives, access thereto.
         (m)   Requirements for prior notification and approval by the Superintendent or Director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction into the system.
         (n)   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.
         (o)   Requirements for immediate notification of excessive, accidental, or slug discharges, or any discharge which could cause any problems to the system.
         (p)   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.
         (q)   Other conditions as deemed appropriate by the Superintendent or Director to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
   (L)   Permit duration. Permits shall be issued for a specified time period, not to exceed five 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 re-assigned 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 this § 52.041 a minimum of 180 days prior to the expiration of the existing permit.
(Ord. passed 11-8-94; Am. Ord. 2008-05-02, passed 5-5-08; Am. Ord. 2013-04-01, passed 4- 1-13; Am. Ord. 2018-07-07, passed 7-16-18)