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 one hundred eighty (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.
(a) 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.
(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 ninety (90) days after notification of the POTW director's determination in subsection 20-97(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 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 Section 5.10 and 5.11;
(4) Time and duration of the indirect discharge;
(5) Average daily and thirty-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 and M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or O and 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 (9) months.
(B) No later than fourteen (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 (9) 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 section 20-98 of this article.
(14) Any other information as may be deemed by the POTW Director to be necessary to evaluate the permit application.
(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 section 20-82 of this article 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."
(d) 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 thirty (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 (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 (1) and (2) above and the general permit conditions of the city 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 and the approval authority and shall be made available to the public upon request. The contents of such 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.
(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.
(g) Final action on significant industrial user permit applications.
(1) The POTW director shall take final action on all applications not later than ninety (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 ordinance 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 sixty (60) days' notice and pursuant to section 20-97 of this article;
(D) Revoke any permit pursuant to section 20-115 of this article;
(E) Suspend a permit pursuant to section 20-115 of this article;
(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.
(h) Hearings. The local government may conduct hearings in accordance with its regular hearing procedure.
(1) Initial 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 section 20-116, or one issued an administrative order under section 20-115 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 thirty (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 forty-five (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 subsection 20-97(h)(1) above may be appealed, to the city council upon filing a written demand with the city manager within ten (10) days of receipt of notice of the decision. Hearings held under this subdivision shall be conducted in accordance with city hearing procedures. Failure to make written demand within the time specified herein shall bar further appeal. The city council shall make a final decision on the appeal within ninety (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 subsection 20-97(h)(2) above, the city council 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 the city council.
(4) Judicial review. Any person against whom a final order or decision of the city council is entered, pursuant to the hearing conducted under subsection 20-97(h)(2) above, may seek judicial review of the order or decision by filing a written petition within thirty (30) days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the Superior Court of McDowell County along with a copy to the city. Within thirty (30) days after receipt of the copy of the petition of judicial review, the city council shall transmit to the reviewing court the original or a certified copy of the official record.
(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 (4) 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 (9) 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 20-97(b), the user shall apply for a wastewater discharge permit within one hundred eighty (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 sixty-day notice required by N.C.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 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 (5) years);
(B) A statement of nontransferability;
(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 20-82;
(F) Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in section 20-82, if determined by the POTW director to be necessary for the user;
(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, 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 20-110 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.
(O) Other conditions as deemed appropriate by the POTW director to ensure compliance with this article, and state and federal laws, rules, and regulations.
(k) Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) 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 section 20-97, a minimum of one hundred eighty (180) days prior to the expiration of the existing permit.
(Ord. No. O-08-07-15-1, § 2, 7-15-08)