(A) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and must 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.”
(B) 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 town. He or she 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 application if he or she determines that it is complete. If the POTW Director determines that the application is not complete, he or she shall return the application to the applicant with a statement explaining what additional information is required.
(C) 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 (C)(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 (C)(1) and (C)(2) above and the town’s general permit conditions into a significant industrial user permit.
(D) 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. This fact sheet shall be made available to the public upon request. The contents of these 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 known or suspected present; and
(c) The basis for the pretreatment limitations, including the documentation of any calculations in applying categorical pretreatment standards.
(E) 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 those 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 § 50.108 of this code;
(d) Revoke any permit, pursuant to § 50.151 of this code;
(e) Suspend a permit, pursuant to § 50.151 of this code; or
(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.
(F) 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 § 50.999 of this code, or one issued an administrative order under § 50.151 of this code, 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 this 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 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 (F)(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 subdivision shall be conducted in accordance with the state Administrative Procedure Act (APA), G.S. Ch. 150B. APA forms may be utilized. APA forms and procedures are incorporated herein solely as a convenience to the applicant and the town; the town is not subject to the APA. 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 (F)(2) above, the Board of Commissioners shall prepare an official record of the case. This record shall include:
(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.
(a) Any person against whom a final order or decision of the Board of Commissioners is entered, pursuant to the hearing conducted under division (F)(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 the county.
(b) A copy of the petition must be served on the town when the petition is filed.
(c) 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.
(Prior Code, § 50.092) (Ord. O-00-001, passed 2-24-2000) Penalty, see § 50.999