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 contribution permit for non-significant industrial users.
(A) 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 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.
(B) 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 subsection (A) 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 § 51.012, 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 procedure established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended, and as required in §§ 51.069 and 51.070;
(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, sewer connections, 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 of 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, 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. 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 CFR 403.12(b) and 15A NCAC 2H .0908(a), as outlined in § 51.060;
(14) Any necessary certification and/or signatory requirement as outlined in 40 CFR 403.12(1);
(15) Any other information as may be deemed by the POTW Director to be necessary to evaluate the permit application.
(16) The POTW Director will evaluate the data furnished by the user and may require additional information.
(C) 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 § 51.002(A) (Authorized Representative of the Industrial User) and contain 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.”
(D) Application review and evaluation.
(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.
(E) 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 (E)(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 paragraphs (E)(1) and (E)(2) above and the city's general permit conditions into a significant industrial user permit.
(F) Permit synopsis. A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant, the approval authority and made available to the public upon request. The contents of such fact sheets shall include at least the following information:
(1) A sketch or 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:
(a) The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow;
(b) 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
(3) The basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards.
(G) 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 director is authorized to:
(a) Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this regulation 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 § 51.051(I);
(d) Revoke any permit pursuant to § 51.100;
(e) Suspend a permit pursuant to § 51.100;
(f) Deny a permit application when in the opinion POTW Director such discharge may cause or contribute to pass-through or an upset of the wastewater treatment plant or where necessary to effectuate the purposes of G.S. § 143-215.1.
(H) Adjudicatory hearing and judicial review.
(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 § 51.100, or one issued an administrative order under § 51.100 shall have the right to an adjudicatory hearing before a hearing officer designated by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director 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. 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 hearing officer shall have the authority to assess enforcement expenses, attorney's fees and cost associated with the hearing against any party and to include in the decision additional orders and directives as may be issued consistent with the POTW's authority under G.S. Chapter 143 and/or this chapter. The hearing officer shall transmit a copy of the hearing officer's decision by registered or certified mail to all parties.
(a) New Permits. Upon appeal of the hearing officer's decision of the terms or conditions of the 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 of the hearing officer's decision 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 mutual resolution.
(2) Judicial Review. Any party against whom a decision of the hearing officer is adversely entered, pursuant to the adjudicatory hearing conducted under paragraph (H)(1) above, may seek judicial review of the decision by filing a written petition within 30 days after receipt of notice by registered or certified mall of the decision, but not thereafter, with the Superior Court of Wayne County along with a copy to all parties. Within 30 days after receipt of the copy of the petition of judicial review, the city shall transmit to the reviewing court the original or a certified copy of the official record.
(3) Official record. Upon receipt of the copy of the petition of judicial review under paragraph (H)(2) above, the city 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 City Council.
(I) Permit modification.
(1) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:
(a) Modifications of the monitoring program contained in the permit;
(b) Changes in the ownership of the discharge when no other change in the permit is indicated,
(c) A single modification of any compliance schedule not in excess of four months,
(d) 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.
(e) 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 standards 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 contribution permit as required by § 51.051(B), the user shall apply for a wastewater contribution 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 regulation and G.S. § 143-215.1. Wastewater discharge permits shall be expressly subject to all provisions of these regulations and all other applicable regulations, user charges, and fees established by the city of Goldsboro. 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) Notification requirements for notifying the POTW in the event of an accidental discharge or slug discharge as defined by 40 CFR Part 403.5(b) a, andin § 51.002(A) (Slug Load or Discharge);
(f) Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in § 51.002(A), if determined by the POTW Director to be necessary for the user; and
(h) 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:
(a) Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization.
(b) Limits on the instantaneous, dally 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, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges.
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
(f) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.
(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(s).
(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 records relating to wastewater discharges as specified in § 51.072 and affording the POTW Director, or his representatives, access thereto.
(m) 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.
(n) 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.
(o) Requirements for immediate notification of excessive,accidental, or slug or any discharge which could cause any problems to the system.
(p) A statement that compliance with 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 POTW Director to ensure compliance with this regulation, and state and federal laws, rules, and regulations; the term of the permit
(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. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in §§ 51.010 through 51.018 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(L) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall apply for a new permit in accordance with § 51.051(B), but shall also comply with the terms and conditions of the existing permit during any interim period.
(M) Permit reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with § 51.051 a minimum of 180 days prior to the expiration of the existing permit.
(Ord. 1994-79, passed 11-21-94; Am. Ord. 2007-45, passed 6-4-07)