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(A) Obtaining a permit. 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 POTW Director to be significant industrial users shall obtain a significant industrial user permit within 180 days of receiving notification of the POTW Director’s determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the POTW Director be required to obtain a wastewater discharge permit for nonsignificant industrial users.
(B) Significant industrial user determination. All persons proposing to discharge nondomestic wastewater, or proposing to change the volume or characteristics of an existing discharge of nondomestic wastewater shall request from the POTW Director a significant industrial user determination. If the POTW 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 city, an application in the form prescribed by the POTW Director, 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 POTW Director’s determination in § 15-150(B) 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 Subdivision B of this division, any of the priority pollutants (§ 307(a) of the Act (33 U.S.C. § 1317(a)) 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 (33 U.S.C. § 1314(g)) and contained in 40 C.F.R. § 136, as amended and as required in §§ 15-165 and 15-166 of this division.
(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.
(a) 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 additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine months.
(b) 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 POTW 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 POTW Director.
(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 C.F.R. § 403.12(b) and 15A NCAC 2H.0908(a), as outlined in § 15-156 of this division; and
(14) Any other information as may be deemed by the POTW 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 §§ 15-122(1)(a)(b) and 15-122(2)(3)(4) of this division 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 POTW Director will evaluate the data furnished by the user and may require additional information.
(1) The POTW Director 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 POTW 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 (2) above and the city’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 or renewed, and as permits are modified where the permitted limits or other AT information is revised.
(2) The basis, or rationale, for the 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 C.F.R. pt. 403.12(e)(2).
(H) Final action on significant industrial user permit applications.
(1) The POTW Director shall take final action on all applications not later than 90 days following receipt of a complete application.
(2) The POTW Director is authorized to:
(a) Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this division and N.C. 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 § 15-150(I) of this division;
(d) Revoke any permit pursuant to § 15-185 of this division;
(e) Suspend a permit pursuant to § 15-185 of this division; and
(f) Deny a permit application when in the opinion of the POTW 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) 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; and
(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.
(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 § 15-150(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.
(J) Permit conditions.
(1) The POTW Director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this division 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 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;
(e) Requirements for notifying the POTW in the event of an accidental discharge or slug load as defined in § 15-122;
(f) Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in § 15-122, if determined by the POTW Director to be necessary for the user;
(h) A statement of applicable civil and/or 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:
(a) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization;
(b) Limits on the instantaneous, daily and/or 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, etc., 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) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules;
(h) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self monitoring indicates a violation;
(i) Compliance schedules for meeting pretreatment standards and requirements;
(j) Requirements for submission of periodic self monitoring or special notification reports;
(k) Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in § 15-168 and affording the POTW Director, or his representatives, access thereto;
(l) Requirements for prior notification and approval by the POTW Director 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;
(m) Requirements for the prior notification and approval by the POTW Director of any change in the manufacturing and/or pretreatment process used by the permittee;
(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; and
(o) Other conditions as deemed appropriate by the POTW Director to ensure compliance with this division, and state and federal laws, rules, and regulations.
(K) Permits 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.
(L) 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.
(M) Permit reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with § 15-150 a minimum of 180 days prior to the expiration of the existing permit.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09; Am. Ord. passed 11-20-12)
SUBDIVISION E: REPORTING REQUIREMENTS
(A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the POTW Director a report which contains the information listed in paragraph (B), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the POTW Director a report which contains the information listed in division (B) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(B) Users described above shall submit the information set forth below:
(1) Identifying information. The name and address of the facility, including the name of the operator and owner;
(2) Environmental permits. A list of any environmental control permits held by or for the facility;
(3) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(4) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e);
(5) Measurement of pollutants, including:
(a) The categorical pretreatment standards applicable to each regulated process;
(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the POTW Director/Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 16-165; and
(c) Sampling must be performed in accordance with procedures set out in § 16-166 and 40 C.F.R. §§ 403.12(b) and (g), including 40 C.F.R. § 403.12(g)(4).
(6) Certification. A statement, reviewed by the user’s current authorized representative as defined in § 15-122(A) and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements;
(7) Compliance schedule. 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 and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 15-157; and
(8) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 15-150(D).
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see §§ 15-185 et seq.
The following conditions shall apply to the compliance schedule required by § 15-156(B)(7) of this division:
(A) 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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(B) No increment referred to above shall exceed nine months;
(C) The user shall submit a progress report to the POTW Director no later than 14 days following each date in the schedule and the final date of compliance including, as 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; and
(D) In no event shall more than nine months elapse between such progress reports to the POTW Director.
(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the POTW Director a report containing the information described in § 15-156(B)(4) through (6). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 15-150(D).
(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
(A) All significant industrial users shall, at a frequency determined by the POTW Director but in no case less than once every six months, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedures set out in §§ 15-165 and 15-166. All periodic compliance reports must be signed and certified in accordance with § 15-150(D) of this division.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see §§ 15-185 et seq.
Each user must notify the POTW Director of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. The permittee shall not begin the changes until receiving written approval from the Control Authority and/or municipality. See § 15-161(D) for other reporting requirements.
(A) The POTW Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 15-150.
(C) For purposes of this requirement, significant changes include, but are not limited to, flow or pollutant increases of 10% or greater, and the discharge of any previously unreported pollutants.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
(A) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a noncustomary batch discharge, or a slug load as defined in § 15-122, that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(B) Within five days following such discharge, the user shall, unless waived by the POTW Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this division.
(C) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(D) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in § 15-122.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see §§ 15-185 et seq.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW Director as the POTW Director may require.
(Ord. passed 5-17-94) Penalty, see §§ 15-185 et seq.
(A) If sampling performed by a user indicates a violation, the user must notify the POTW Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW Director within 30 days after becoming aware of the violation. If allowed by the POTW Director, the user is not required to resample:
(1) If the POTW Director monitors at the user’s facility at least once a month; or
(2) If the POTW Director samples between the user’s initial sampling and when the user receives the results of this sampling.
(B) If the POTW Director has performed the sampling and analysis in lieu of the industrial user and the POTW sampling of the user indicates a violation, the POTW Director shall repeat the sampling and obtain the results of the repeat analysis within 30 days after becoming aware of the violations, unless one of the following occurs:
(1) The POTW Director monitors at the user’s facility at least once a month;
(2) The POTW Director samples the user between their initial sampling and when the POTW receives the results of this initial sampling; or
(3) The POTW Director requires the user to perform sampling and submit the results to the POTW Director within the 30-day deadline of the POTW becoming aware of the violation.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
The city prohibits the discharge of any hazardous wastes without notification to and approval by the POTW Director.
(A) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State Hazardous Waste Authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. pt. 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. pt. 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharge during the calendar month, and an estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days before the discharge commences. The user shall not begin the discharge until receiving written approval from the city. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 15-160. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self monitoring requirements of §§ 15-156, 15-158, and 15-159.
(B) Dischargers are exempt from the requirements of division (A), above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(C) In the case of any new regulation under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW Director, the EPA Regional Waste Management Waste Division Director, and State Hazardous Waste Authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(D) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.
(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
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