Sec. 24-172. - Wastewater permits.
   (a)   Required. All significant industrial users shall obtain a significant industrial user permit from the county prior to the commencement of discharge to the POTW, even when the significant industrial user is located within a municipality. Existing industrial users who are 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. Industrial users who do not fit the significant industrial user criteria may at the discretion of the director be required to obtain a wastewater discharge permit for nonsignificant industrial users. Industrial users which are retail customers of the county may be required to obtain prior permits and/or approvals from the county.
   (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 director a significant industrial user determination. If the 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 county, an application in the form prescribed by the 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 director's determination in subsection (b) of this section. The application shall include at a minimum the information required by 15A NCAC 02H 0.0916 (c) (1) (A-M). In support of the application, the user shall submit any other information deemed necessary by the POTW Director to evaluate the permit application. This may include reporting requirements under 40 CFR 403.12 (b) and Section 24-191 of this ordinance:
   (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 division 2 of this article, 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 and as required in Division 5 Section 24-191 and Sections 24-200 and 24-201.
   (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 municipal, 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 construction 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 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 (9) months elapse between such progress reports to the 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 section 24-191.
   (14)   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 on file with the Control Authority and/or Municipality as defined in Section 24-102 (Authorized Representative of the Industrial 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. 
   (1)   The director will evaluate the data furnished by the user and may require additional information.
   (2)   The director is authorized to accept and review applications for the county.
   (3)   Within 30 days of receipt, the 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 director 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 director's tentative determination in subsection (f)(1) of this section 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 director shall organize the determinations made pursuant to Paragraphs (1) and (2) above and the general permit conditions of the county 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 the 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 CFR Part 403.12 (e) (2).
   (h)   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 a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this article 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 subsection (j) of this section.
      d.   Revoke any permit pursuant to section 24-241.
      e.   Suspend a permit pursuant to section 24-241.
      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.
   (i)   Permit Modification 
   (1)   Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows: 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.   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.
   (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 subsection (c) of this section, 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 director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purpose of this ordinance and N.C.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 Section 24-102 (slug load or discharge):slug loads; and,
      f.   Requirements to implement a Plan or other controls for prevention of accidental discharges and/or slug loads as defined in Section 24-102 (slug load or discharge), if determined by the Director to be necessary for the User and,
      g.   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 Section 24-102 (slug load or discharge). Also see Sections 24-195 and 24-196;
      h.   A statement of applicable civil and/or criminal penalties for violation of pretreatment standards 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 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 thirty (30) days where self-monitoring indicates a violation(s).
      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 section 5.13 and affording the director, or his representatives, access thereto.
      l.   Requirements for prior notification and approval by the 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 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.
      o.   Other conditions as deemed appropriate by the director to ensure compliance with this ordinance, and state and federal laws, rules, and regulations.
   (k)   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.
   (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 this section a minimum of 180 days prior to the expiration of the existing permit.
(Ord. of 10-1-1996, § 4.2; Amend. of 3-3-2008(3); Ord. of 3-4-2013)