§ 51.051  WASTEWATER PERMITS.
   (A)   Generally.  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 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 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 or she 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 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 division (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 date on wastewater constituents and characteristics, including, but not limited to, those mentioned in §§ 51.015 through 51.024, any of the priority pollutants (§ 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 § 304 (g) of the Act and contained in 40 C.F.R. pt. 136, as amended;
      (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 county, 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 the 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, 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 the 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 § 51.065; 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 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 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 county 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 (F)(2) above and the county's general permit conditions into a significant industrial user permit.
   (G)   Permit synopsis.  A fact sheet providing a brief synopsis of the application shall be prepared by the POTW staff for submission to the applicant and the approval authority and shall be made available to the public upon request.  The contents of the fact sheets shall include at least the following information:
      (1)   A sketch and 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; and
      (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 know or suspected present; and
         (c)   The basis for the pretreatment limitations including the documentation of any calculations in applying categorical pretreatment standards.
   (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 the 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 division (J) below;
         (d)   Revoke any permit pursuant to § 51.120;
         (e)   Suspend a permit pursuant to § 51.120; and
         (f)   Deny a permit application when in the opinion of the POTW Director the 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)   Initial adjudicatory hearing.  An applicant whose permit is denied, or is granted subject to conditions he or she deems unacceptable, a permittee/user assessed a civil penalty under § 51.999 or one issued an administrative order under § 51.120 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 the 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 of a hearing.  The POTW Director shall transmit a copy of the hearing officer's 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 a hearing officer made as a result of an adjudicatory hearing held under division (I)(1) above may be appealed, to the Board of Commissioners upon filing a written demand within ten days of receipt of notice of the decision.  Hearings held under this division (I)(2) shall be conducted in accordance with the county.  Failure to make written demand within the time specified herein shall bar further appeal.  The Board of 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 division (I)(2) above, the Board of 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; and
         (d)   A copy of the final decision of the Board of Commissioners.
      (4)   Judicial review.  Any person against whom a final order or decision of the Board of Commissioners 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 petition 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 Lincoln County along with a copy to the county.  Within 30 days after receipt of the copy of the petition of judicial review, the Board of Commissioners shall transmit to the reviewing court the original or a certified copy of the official record.
   (J)   Permit modification.
      (1)   (a)   Modification of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:
            1.   Changes in the ownership of the discharge when no other change in the permit is indicated;
            2.   A single modification of any compliance schedule not in excess of four months; and/or
            3.   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.
         (b)   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 standards shall be revised to require compliance with the standard 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 division (C) above, 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 POTW Director shall have the authority to grant a permit with the conditions attached as he or she 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 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 slug loads; and
         (f)   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, 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 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 and records relating to wastewater discharges as specified in § 51.077 and affording the POTW Director, or his or her 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 any change in the manufacturing and/or pretreatment process used by the permittee;
         (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 federal and state pretreatment standards, including those which become effective during the terms of the permit; and
         (q)   Other conditions as deemed appropriate by the POTW Director to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
   (L)   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.
   (M)   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.
   (N)   Permit reissuance.  A significant industrial user shall apply for permit reissuance by submitting a complete application in accordance with this section a minimum of 180 days prior to the expiration of the existing permit.
(Ord. passed 8-22-1994)