(A) Permit requirements. It shall be unlawful to discharge without a permit to the POTW any wastewater except as authorized by the Director in accordance with the provisions of these policies. Any person desiring to commence discharging industrial wastes after this chapter becomes effective shall obtain a permit prior to commencing the discharge of such wastes into any sanitary sewer. Any person discharging industrial waste and not now holding a valid discharge permit shall file a county-provided application for a permit. Existing industrial users determined by the Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the Director’s determination. For new users, the discharge permit application must be completed by the industry and approved by the Director before use of sewer system begins.
(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 Director a significant industrial user determination. If the Director determines or has reason to believe that the proposed discharge fits the significant industrial user criteria, he or she will require that a significant industrial user permit application be filed.
(C) Industrial user permit application.
(1) Users required to obtain an industrial user permit shall complete and file with the county, an application in the form prescribed by the Director. Industrial users shall submit an industrial user permit application within 30 days after notification.
(2) Industries discharging wastewaters that are more concentrated than any limitation specified in § 51.48 will be required to resubmit an updated portion of this application at a frequency determined by the Director. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location, (if different from the address);
(b) Standard industrial classification (SIC) codes for pretreatment, the industry as a whole and any processes for which categorical pretreatment standards have been promulgated;
(c) Analytical data on wastewater constituents and characteristics, including but not limited to those mentioned in § 51.48, any of the priority pollutants (Section 307(a) of the Act) that 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 C.F.R. 136, as amended;
(d) Time and duration of the discharge;
(e) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(f) 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;
(g) Description of activities, facilities and plant processes on the premises, including all materials that are or could be accidentally or intentionally discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge that are limited by any county, state or federal pretreatment standards; 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;
(i) 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:
1. The schedule shall contain progress increments, in the form of dates, for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine months.
2. 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 Director, 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 months elapse between such progress reports to the Director.
(j) Each product produced by type, amount, process or processes, and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees and hours of operation of plant, proposed or actual hours of operation of plant, and proposed or actual hours of operation of pretreatment system;
(m) If subject to a categorical standard, a baseline monitoring report in accordance with 40 C.F.R. 403.12(b) and 15A NCAC 2H.0908(a), as outlined in § 51.59.
(n) Any other information as may be deemed by the 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 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 Director will evaluate the data furnished by the user and may require additional information.
(1) The Director is authorized to accept and process applications for the county.
(2) If the application is not complete with all required information, the staff shall advise the applicant by mail:
(a) How the application or accompanying supporting information may be modified to make them acceptable or complete;
(b) That the 90-day processing period required in G.S. § 143-215.1 begins upon receipt of corrected or complete application with required supporting information.
(c) That, if complete plans with all required information are not resubmitted within 60 days, the application packet will be returned to the applicant as “Incomplete.”
(F) Final action on significant industrial user permit applications.
(1) The Director shall take final action on all applications not later than 90 days following receipt of a complete application.
(2) The Director is authorized to:
(a) Issue an 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 § 51.58;
(d) Revoke any permit pursuant to § 51.73;
(e) Suspend a permit pursuant to § 51.73;
(f) Deny a permit application when, in the opinion of the 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.
(G) Hearings.
(1) Request for variance. Within 30 days from the effective date of the permit or permit denial, an industry may request, in writing, from the Director a variance of any requirements or limits contained in the permit. The Director will review all requests for variances. Unless such written demand is made within 30 days, the action shall be final and binding. The Director shall transmit a copy of the decision by registered or certified mail.
(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.
(2) Final appeal hearing. Any decision of the Director made as a result of a variance request review held under § 51.72 may be appealed to the Commissioners, 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 § 51.72(E). Failure to make written demand within the time specified herein shall bar further appeal. The Commissioners 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.
(3) Official record. When a final decision is issued under § 51.72, the Commissioners 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 the Commissioners.
(4) Judicial review. Any person against whom a final order or decision of the Commissioners is entered, pursuant to the hearing conducted under § 51.72, may seek judicial review of the order or decision by filing a written petition (along with a copy for the county), 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 Davidson County. Within 30 days after receipt of the copy of the petition of judicial review, the Commissioners shall transmit to the reviewing court the original or a certified copy of the official record.
(H) Permit modification.
(1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits, except as follows:
(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 the standard shall be revised to require compliance within the time frame prescribed by the 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 § 51.58, the user shall apply for a wastewater discharge permit within 90 days after the promulgation of the applicable national categorical pretreatment standard.
(3) A request for modification by the permittee shall constitute a waiver of the 60-day notice required by G.S. § 143-215.1(b) for modifications.
(I) Permit conditions. The Director shall have the authority to grant a permit with such conditions attached as he or she believes necessary to achieve the purpose of this chapter, state and federal laws, rules and regulations.
(J) Permit duration. Permits shall be issued for a specified time period, not to exceed five years.
(K) Permit transfer.
(1) 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.
(2) The holder of any permit to discharge must notify the Director, or his or her representative, in writing when:
(a) A change of ownership occurs;
(b) A change in use of premises occurs;
(c) A 10% change occurs in waste volume, strength or characteristics;
(d) A change in name occurs;
(e) The facility ceases to discharge industrial wastewater due to the termination of operation.
(Ord. passed 9-9-08)