§ 25-204. Wastewater discharge permit application and issuance.
(a)
Discharge by permission only. It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the city. When requested by the POTW director, a POTW user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The POTW director is authorized to prepare a form for this purpose and may periodically require POTW users to update this information.
(b)
Wastewater discharge permits. All significant industrial users shall obtain a wastewater discharge permit prior to the commencement of discharge to the POTW. To further the purposes and objectives of this article, the POTW director, at his discretion, may require any POTW user to obtain a wastewater discharge permit and may restrict or prohibit a POTW user's discharge pending the issuance or denial of a permit. Any POTW user issued a wastewater discharge permit shall comply with all requirements of such permit.
(1)
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 that the proposed discharge fits or might fit the significant industrial user criteria, the POTW director will require that a wastewater discharge permit application be filed.
(2)
Wastewater discharge permit application. POTW users required to obtain a wastewater discharge 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. All persons required to file a permit application pursuant to subsection 25-204(b)(1) shall apply for a wastewater discharge permit within one hundred eighty (180) days after notification of the POTW director's determination pursuant to subsection 25-204(b)(1). The application shall include at a minimum the information required by 15A NCAC 02H 0.0916(c)(1)(A—M). In support of an application a POTW user shall submit all information deemed appropriate by the POTW director to evaluate the permit application. This may include reporting requirements under 40 CFR 403.12(b) and subsection 25-205(a).
(3)
Application signatories and certification. All wastewater discharge permit applications and POTW user reports must be signed by the current authorized representative of the POTW user. The authorized representative of the POTW user must be designated in writing by the POTW user and the designation must be submitted to and on file with the city 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."
(4)
Application review and evaluation. The POTW director will evaluate the data furnished by the POTW user and may require additional information.
a.
The POTW director is authorized to accept applications for the city and shall refer all applications to the POTW staff for review and evaluation.
b.
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.
(5)
Tentative determination and draft wastewater discharge permit.
a.
The POTW staff shall conduct a review of the application and an on-site inspection of the POTW user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the wastewater discharge permit.
b.
If the staff's tentative determination in subsection 25-204(b)(5)a. is to issue the permit, the following additional determinations shall be made in writing:
1.
Proposed discharge limitations for those pollutants proposed to be limited;
2.
A proposed schedule of compliance, if any, including interim dates and requirements, for meeting the proposed limitations; and
3.
A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.
c.
The staff shall organize the determinations made pursuant to subsections 25-204(b)(5)b(1) through (3) and other permit conditions into a wastewater discharge permit.
(6)
Permit issuance, renewal, and modification supporting documentation. The POTW staff shall prepare the following documents for each significant industrial user wastewater discharge permit that is to be considered for possible issuance, renewal, or modification:
a.
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 division of water resources approved maximum allowable loadings of the POTW, including flow, on forms or in a format approved by the division of water resources. 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.
b.
Statement of the basis, or rationale, for the pretreatment limitations, including the following:
1.
Documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards; and
2.
Documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.12(e)(2).
(7)
Final action on wastewater discharge permit applications.
a.
The POTW director shall take action on a wastewater discharge permit application not later than ninety (90) days following receipt of a complete application. If the POTW director fails to take action on a complete application within ninety (90) days, the permit application shall be deemed denied, except as provided in subsection 25-204(b)(12).
b.
The POTW director is authorized to:
1.
Issue a wastewater discharge permit containing such conditions as are necessary to effectuate the purposes and objectives of this article and G.S. 143-215.1;
2.
Issue a wastewater discharge permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;
3.
Modify any wastewater discharge permit upon not less than sixty (60) days' notice and pursuant to subsection 25-204(b)(8);
4.
Revoke any wastewater discharge permit pursuant to subsection 25-208(a);
5.
Suspend a wastewater discharge permit pursuant to subsection 25-208(a);
6.
Deny a wastewater discharge 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 or the purposes and objectives of this article.
(8)
Permit modification.
a.
Modifications of wastewater discharge permits shall be subject to the same procedural requirements as the issuance of wastewater discharge permits except as listed below. Any changes or new conditions in a wastewater discharge permit shall include a reasonable time schedule for compliance.
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 (4) months;
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.
Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where an industrial user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by subsections 25-204(a) and (b), the industrial user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard.
c.
A request for a modification by the permittee shall constitute a waiver of the sixty-day notice required by subsection 25-204(b)(7)b(3) and by G.S. 143-215.1(b).
(9)
Permit conditions.
a.
The POTW director shall have the authority to grant a wastewater discharge permit with such conditions that he determines appropriate to achieve the purposes and objectives of this article and G.S. 143-215.1. Wastewater discharge permits shall contain, but are not limited to, the following:
1.
A statement of duration (in no case more than five (5) years);
2.
A statement of nontransferability;
3.
Applicable effluent limits based on categorical standards or local limits or both;
4.
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;
5.
Requirements for notifying the POTW in the event of an accidental discharge or slug load;
6.
Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads, if determined by the POTW director to be appropriate;
7.
Requirements for immediately notifying the POTW of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load, such requirements being in addition other related requirements such as those of subsections 25-205(e) and (f); and
8.
A statement of applicable civil and/or criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.
b.
In addition, wastewater discharge permits may contain, but are not limited to, the following:
1.
Limits on the average and/or maximum rate of discharge, and/or requirements for flow regulation and equalization.
2.
Limits on the instantaneous, daily and/or monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
3.
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.
4.
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
5.
The unit charge or schedule of charges and fees for the management of the wastewater discharged to the system.
6.
Requirements for installation and maintenance of flow monitoring, inspection and sampling facilities and equipment.
7.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
8.
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).
9.
Compliance schedules for meeting pretreatment standards and requirements.
10.
Requirements for submission of periodic self-monitoring or special notification reports.
11.
Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in subsection 25-205(m) and affording the POTW director, or his representatives, access thereto.
12.
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 discharge.
13.
Requirements for the prior notification and approval by the POTW director of any change in a wastewater-producing activity or manufacturing or pretreatment process used by the wastewater discharge permittee.
14.
A statement that compliance with the wastewater discharge 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.
15.
Other conditions as deemed appropriate by the POTW director to further the purposes and objectives of this article and to ensure compliance with state and federal laws and rules.
(10)
Permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a shorter period or may provide for expiration on a specific date.
(11)
Permit transfer. Wastewater discharge permits are issued to a specific POTW user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new or different owner, new or different POTW user, new or different premises, or a new or changed operation.
(12)
Permit reissuance. A wastewater discharge permittee shall apply for permit reissuance by submitting a complete permit application in accordance with subsection 25-204(b) a minimum of ninety (90) days prior to the expiration of the permit. If the POTW director fails to take action on a complete application within ninety (90) days, the existing permit and its terms and conditions will continue in effect until the POTW director takes action on the application.
(13)
Middle tier significant industrial users. At the discretion of the POTW director, sampling and inspection requirements may be reduced as provided by 40 CFR Parts 403.8(f)(2)(v)(C) and 403.12(e)(3) in wastewater discharge permits issued to industrial users determined by the POTW director with the approval of the Division of Water Resources to be middle tier significant industrial users.
(Ord. No. 2013-35, § 3, 8-20-13)