North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




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GENERAL

The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:

(1) temporary rules;

(2) notices of rule-making proceedings;

(3) text of proposed rules;

(4) text of permanent rules approved by the Rules Review Commission;

(5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165;

(6) Executive Orders of the Governor;

(7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H;

(8) orders of the Tax Review Board issued under G.S. 105-241.2; and

(9) other information the Codifier of Rules determines to be helpful to the public.
COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees.
LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY: This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-21.3, Effective date of rules.





Notice of Application for Innovative Approval of a Wastewater System for On-site Subsurface Use


Pursuant to NCGS 130A-343(g), the North Carolina Department of Environment and Natural Resources (DENR) shall publish a Notice in the NC Register that a manufacturer has submitted a request for approval of a wastewater system, component, or device for on-site subsurface use. The following applications have been submitted to DENR:
Application by: Jason Churchill

Orenco Systems, Inc

814 Airway Ave

Sutherlin, OR 97479


For: Modification to Innovative Approval for Sampling Requirements
DENR Contact: Ted Lyon

1-919-715-3274

Fax: 919-715-3227

ted.lyon@ncmail.net
These applications may be reviewed by contacting the applicant or at 2728 Capital Blvd., Raleigh, NC, On-Site Water Protection Section, Division of Environmental Health. Draft proposed innovative approvals and proposed final action on the application by DENR can be viewed on the On-Site Water Protection Section web site: http://www.deh.enr.state.nc.us/osww_new/new1//index.htm.
Written public comments may be submitted to DENR within 30 days of the date of the Notice publication in the North Carolina Register. All written comments should be submitted to Mr. Ted Lyon, Chief, On-site Water Protection Section, 1642 Mail Service Center, Raleigh, NC 27699-1642, or ted.lyon@ncdenr.gov, or fax 919.715.3227. Written comments received by DENR in accordance with this Notice will be taken into consideration before a final agency decision is made on the innovative subsurface wastewater system application.



Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days.

Statutory reference: G.S. 150B-21.2.






TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that the Environmental Management Commission intends to amend the rules cited as 15A NCAC 02H .0901-.0910, .0912-.0917, .0919-.0921 and adopt the rule cited as 15A NCAC 02H .0922.
Proposed Effective Date: January 1, 2011
Public Hearing:

Date: June 16, 2010

Time: Registration 6:30 p.m./Hearing start time 7:00 p.m.

Location: Archdale Building Ground Floor Hearing Room, 512 North Salisbury Street, Raleigh, NC 27604
Reason for Proposed Action: The purpose of many of the amendments to the State Pretreatment Regulations in 15A NCAC 02H .0900 is to address several aspects of EPA's October 2005 streamlining of the Federal Pretreatment Regulations in 40 CFR 403. This includes granting NC municipalities access to provisions allowing Pretreatment Control Authorities the option to reduce sampling of extremely small industrial users. Other amendments are intended to ensure consistency with the Federal Regulations. These include electronic reporting requirements and revisions to the definition of Significant Noncompliance (SNC) to require separate SNC determinations of daily maximum and monthly averages for the same parameter, and to apply selected SNC criteria such as causing pass through to non-significant industrial users. The remaining amendments are intended to ensure consistency with current DWQ practices and to allow flexibility of DWQ oversight of Pretreatment Programs. This includes amendments to ensure adequate communication and coordination regarding Industrial user discharges in situations where one POTW sends wastewater to another POTW for treatment, sometimes called a "satellite POTW." This situation is becoming more common in NC, especially with regionalization of wastewater services. Other revisions of this type include clarifications regarding submittal of confidential industrial information to DWQ regulators as well as clarifications on sampling requirements, pretreatment permit supporting documentation, and record keeping.

The purpose of the new Rule .0922 is to consolidate and update the adjudicatory hearing conditions to cover pretreatment civil penalties and administrative orders in addition to the adjudication of pretreatment permits already covered in an existing rule.
Procedure by which a person can object to the agency on a proposed rule: A person may attend the Public Hearing on June 16, 2010, and make relevant verbal comments. Or a person may submit written comments, data, or other relevant information on or before August 2, 2010. The EMC is very interested in all comments pertaining to the proposed new rule and the proposed rule amendments. All persons interested and potentially affected by the proposals are strongly encouraged to read this entire announcement as well as the Proposed Rule, summary of changes, and the other materials available on the PERCS Pretreatment Homepage at http://portal.ncdenr.org/web/wq/swp/ps/pret, and make comments on the proposed new rules and the proposed rule amendments. The EMC may not adopt a rule that differs substantially from the text of the proposed rule published in the North Carolina Register unless the EMC publishes the text of the proposed different rule and accepts comments on the new rule (see G.S. 150B 21.2(g)). Written comments may be submitted to Deborah Gore of the Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit at NC Division of Water Quality-PERCS, 1617 Mail Service Center, Raleigh, NC 27699-1617, faxed to (919) 807-6489, or emailed to deborah.gore@ncdenr.gov. For those attending the June 16th Public Hearing, the Hearing Officers may limit the length of time for presentations at the Public Hearing, if necessary, so that all those who wish to speak may have an opportunity to do so. Therefore, it is requested that written copies be provided for any statements at the Public Hearing that exceed three minutes.
Comments may be submitted to: Deborah Gore, PERCS Unit Supervisor, NC Division of Water Quality-PERCS; mailing address: 1617 Mail Service Center, Raleigh, NC 27699-1617; physical address: Archdale Building, Room 1304C, 512 North Salisbury Street, Raleigh, NC 27604; phone (919) 807-6383; fax (919) 807-6489; email deborah.gore@ncdenr.gov
Comment period ends: August 2, 2010
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal Impact: A copy of the fiscal note can be obtained from the agency.

 State - 15A NCAC 02H .0903(b)(33), .0903(b)(34), .0908(b)(6), and .0908(e)(1)

 Local - 15A NCAC 02H .0903(b)(33), .0903(b)(34), .0908(b)(6), and .0908(e)(1)

 Substantial Economic Impact (>$3,000,000)

 None - 15A NCAC 02H .0901-.0902, .0904-.0907, .0909-.0910, .0912-.0917, and .0919-.0922
CHAPTER 02 - ENVIRONMENTAL MANAGEMENT COMMISSION
SUBCHAPTER 02H - PROCEDURES FOR PERMITS: APPROVALS
SECTION .0900 - LOCAL PRETREATMENT PROGRAMS
15A NCAC 02H .0901 PURPOSE

(a) The rules in this Section are designed to implement North Carolina General Statutes 143-215.3(a)(14) and 143-215.1 and provisions of the Federal Water Pollution Control Act (also known as the "Clean Water Act") regarding the pretreatment of industrial discharges discharge of non-domestic wastewater into publicly owned treatment works (POTWs). They establish responsibilities of State and local government, industry, and the public to implement Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in POTWs, which may contaminate sewage sludge, or which otherwise have an adverse impact on the POTW, its workers, or the environment.

(b) Copies of rules referenced in this Section may be obtained from the Division of Environmental Management, Water Quality Section Water Quality, Surface Water Protection Section, at the following locations:

(1) Pretreatment Offices

Archdale Building

P. O. Box 29535, 512 N. Salisbury St.,

Raleigh, N.C. 27626-0535

(1) http://portal.ncdenr.org/web/wq/swp/ps/pret

(2) the North Carolina Department of Environment and Natural Resources,

the Division of Water Quality,

Offices of the Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit

Physical Address: Archdale Building, 512 N. Salisbury Street, Raleigh, NC 27604

Mailing Address: 1617 Mail Service Center, Raleigh, NC 27699-1617

(2)(3) Raleigh Regional Office

3800 Barrett Dr.,

Raleigh, NC 27611 27609

(3)(4) Asheville Regional Office

59 Woodfin Pl., 2090 US Highway 70,

Asheville, N.C. 28801 Swannanoa, NC 28778

(4)(5) Mooresville Regional Office

919 N. Main St., 610 East Center Avenue, Suite 301,

Mooresville, NC 28115

(5)(6) Fayetteville Regional Office

Wachovia Systel Bldg. Suite 714, 225 Green Street,

Fayetteville, NC 28301

(6)(7) Washington Regional Office

1424 Carolina Avenue,

Washington, NC 27889

(7)(8) Wilmington Regional Office

127 Cardinal Drive Extension,

Wilmington, NC 28405-3845

(8)(9) Winston-Salem Regional Office

8025 North Point Blvd., 585 Waughtown Street,

Winston-Salem, NC 27106 27107


Authority G.S. 143-215.3(a)(14).
15A NCAC 02H .0902 SCOPE

These Rules apply to:

(1) Pollutants and wastewater discharges from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined in 40 CFR Part 403.3 and Rule .0903 of this Section;

(2) POTWs and Control Authorities which receive wastewater from sources subject to Pretreatment Standards; and



(3) Any new or existing source subject to Pretreatment Standards. Pretreatment Standards do not apply to sources which discharge to a sewer which is not connected to a POTW treatment plant.
Authority G.S. 143-215.3(a)(14).
15A NCAC 02H .0903 DEFINITION OF TERMS

(a) Unless otherwise defined in Paragraph (b) of this Rule, the definitions promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.3 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, Pretreatment Offices, Archdale Building, P. O. Box 29535, 512 N. Salisbury St., Raleigh, NC 27626-0535. Copies may be obtained from the US Government Printing Office Bookstore, P. O. Box 56445, Atlanta, Georgia 30343, phone number (404) 331-6947 at a cost of twenty-six dollars ($26.00). locations listed in Rule .0901 of this Section and at

http://cfpub1.epa.gov/npdes/home.cfm?program_id=3.

(b) For this Rule the following definitions in addition to those incorporated by reference in Paragraph (a) of this Rule shall apply:

(1) "Approval Authority" means the Director of the Division of Environmental Management Water Quality of the North Carolina Department of Environment, Health, Environment and Natural Resources, or his/her designee.

(2) "Average" means the value calculated by dividing the sum of the data values collected over a time period by the number of data points which comprise the sum.

(3) "Bypass" is the intentional diversion of waste streams from any portion of a pretreatment facility.

(4) "Commission" means the Environmental Management Commission of the North Carolina Department of Environment, Health, Environment and Natural Resources or its successor.

(5) "Compliance Judgment Point" or "CJP" is the term used for a value used in calculating significant noncompliance. Compliance judgment points are calculated by summing the number of individual sample values for a parameter and the number of averages of sample values calculated for the same parameter during a six-month compliance judgment period.

(6) "Control Authority" refers to:

(A) the POTW if the POTW's submission for its pretreatment program has been approved and that approval has not been subsequently withdrawn, or;

(B) the approval authority if the submission has not been approved or the Division has subsequently withdrawn pretreatment program approval.

(5) "Control Authority" refers to the POTW organization if the POTW organization's Pretreatment Program has been approved in accordance with Rules .0905, .0906, and .0907 of this Section, and that approval has not been subsequently withdrawn. Otherwise, the Approval Authority is the Control Authority.

(7)(6) "Division" refers to the North Carolina Department of Environment, Health, Environment and Natural Resources, Division of Environmental Management. Water Quality.

(8)(7) "Enforcement Response Plan" or "ERP" means the POTW Control Authority pretreatment program document describing the guidelines for identifying violations of and enforcing specific local limits and other pretreatment standards and requirements.

(9)(8) "EPA" means the United States Environmental Protection Agency.

(10)(9) "Fundamentally Different Factors" are factors upon which a variance from a National Categorical Pretreatment Standard may be granted. These factors are those relating to an industrial user that are fundamentally different from the factors considered during development of a National Categorical Pretreatment Standard applicable to that user and that may justify a different discharge limit than specified in the applicable National Categorical Pretreatment Standard.

(11)(10) "Headworks Analysis" or "HWA" is the analysis used to calculate the maximum allowable POTW influent loadings for pollutants of concern based on design capacity, permit limits, pass-through, interference, sludge, or worker safety and health considerations. considerations, as applicable. The headworks analysis is the technical basis for deriving local limits applied to industrial users.

(11) "Indirect Discharge" or "Discharge" refers to the introduction of pollutants into a POTW from any non-domestic source regulated under section 307(b), (c), or (d) of the Clean Water Act.

(12) "Industrial User" or "User" means a source of Indirect Discharge.

(12)(13) "Industrial Waste Survey" refers to the periodic survey of the users of the POTW collection system and/or treatment plant performed by the POTW to determine those users meeting the criteria for Significant Industrial User status. Control Authority as required by 40 CFR Part 403.8(f)(2)(i-iii) and Rule .0905 of this Section, including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of Significant Industrial User. Where the Control Authority accepts wastewater from one or more satellite POTWs, the IWS for that Control Authority shall address all satellite service areas, unless the pretreatment program in those satellite service areas is administered by a separate Control Authority.

(13)(14) "Interference" refers to inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's Control Authority's (and/or the POTW, if different from the Control Authority) NPDES or Non-Discharge Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits.

(14) "Long Term Monitoring Plan" or "LTMP" is the monitoring plan designed to collect POTW site-specific data for use in the Headworks Analysis.

(15) "Medical Waste" refers to isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(16) "Monitoring Plan" refers to the monitoring plan designed to collect POTW site-specific data for use in the Headworks Analysis. Monitoring Plans may be designated as "Long Term" or "Short Term," LTMP or STMP, respectively, as the Division Director determines to be necessary.

(16)(17) "National Categorical Pretreatment Standard" or "Categorical Standard" refers to any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Federal Clean Water Act which applies to a specific category of industrial users, and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405-471.

(17)(18) "National Prohibited Discharge Standard" is an absolute prohibition against the discharge of certain substances to the POTW, including both general and specific prohibitions.

(18)(19) "Net/Gross Calculation" is an adjustment of a categorical pretreatment standard to reflect the presence of pollutants in the industrial user's intake water.

(19) "New Source" refers to:

(A) Any building, structure, facility, or installation from which there may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical pretreatment standards under section 307(c) of the Federal Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with section 307(c), provided that:

(i) the building, structure, facility, or installation is constructed at a site at which no other source is located; or

(ii) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, shall be considered.

(B) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subparts (19)(A)(ii) or (iii) of this Rule but otherwise alters, replaces, or adds to existing process or production equipment.

(C) For purposes of this definition, construction of a new source has commenced if the owner or operator has:

(i) Begun, or caused to begin, as part of a continuous on-site construction program:

(I) Any placement, assembly, or installation of facilities or equipment; or

(II) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.

(20) "Noncontact Cooling Water" is water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(21) "Non-discharge Permit" is a permit issued by the State pursuant to G.S. 143-215.1(d) for a waste which is not discharged directly to surface waters of the State or for a wastewater treatment works which does not discharge directly to surface waters of the State.

(22) "Operator in Responsible Charge" is the operator designated to fulfill the requirements of G.S. 90A-44.

(23) "Pass Through" means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's Control Authority's (and/or the POTW's, if different from the Control Authority), NPDES permit or Non-discharge permit, or of an instream water quality standard. standard even if not included in the permit.

(24) "Permit Synopsis" refers to a document compiling information from the pretreatment permit application and industry inspection and providing the rationale for the pretreatment permit limits.

(25)(24) "Pollutant" includes any waste defined in G.S. 143-213(18); dredged spoil; solid waste; incinerator residue; garbage; sewage sludge; munitions; medical wastes; chemical waste; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; municipal and agricultural waste; and certain characteristics of wastewater, such as pH, temperature, TSS, turbidity, color, metals, BOD, COD, toxicity, and odor.

(26)(25) "Pollutant of Concern" or "POC" is a pollutant identified as being of concern to the POTW Control Authority for purposes of the pretreatment program; pollutants of concern may include but not be limited to conventional wastewater pollutants, such as BOD, TSS, or ammonia; any of the priority pollutants; flow; pH; and any pollutant that may be identified as a source of interference, pass through, whole effluent toxicity, or sludge contamination.

(27)(26) "POTW", or Publicly Owned Treatment Works, means a treatment works as defined by Section 212 of the Federal Clean Water Act (CWA), which is owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization can be the owner of the POTW treatment plant or the owner of the collection system into which an Indirect Discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." For clarity, the local government may be referred to as the "POTW organization" or "Control Authority" as applicable in this Section. See also Subparagraph (b)(5) of this Rule and Rule .0908(h) of this Section.

(28)(27) "POTW Director" means the chief administrative officer of the publicly owned treatment works Control Authority or his/her delegate.

(29)(28) "Pretreatment" refers to the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. POTW collection system and/or treatment plant. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR Section Part 403.6(d).

(30)(29) "Pretreatment Standard" is any prohibited discharge standard, categorical standard, or local limit which applies to an industrial user.

(31)(30) "Process Wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

(32)(31) "Removal Credits" are credits, available under certain conditions, that are applicable to categorical industrial users and are used to adjust categorical standards in such a way as to reflect POTW consistent removal of a particular pollutant.

(33)(32) "Sewer Use Ordinance" or "SUO" means the local government entity POTW ordinance providing the legal authority for administering the pretreatment program.

(34) "Significant Industrial User" or "SIU" means an industrial user that discharges wastewater into a publicly owned treatment works and that:

(A) upon the effective date of this Rule until January 1, 1996, discharges an average of 50,000 gallons or more per day of process wastewater to the POTW; effective January 1, 1996, that discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or;

(B) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;

(C) is required to meet a national categorical pretreatment standard, or;

(D) is, regardless of Parts (A), (B), and (C) of this definition, otherwise determined by the control authority to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options.

(33) "Significant Industrial User" or "SIU" means an industrial user that discharges wastewater into a publicly owned treatment works and that:

(A) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewaters);

(B) Contributes process wastewater of more than five percent of the permitted flow limit of the POTW treatment plant or more than five percent of the maximum allowable headworks loading of the POTW treatment plant for any other pollutant of concern;

(C) Is subject to Categorical Pretreatment Standards under 40 CFR Chapter I, Subchapter N, Parts 405-471;

(D) Is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violation any Pretreatment Standard or requirement, or the POTW's receiving stream standard, or to limit the POTW's sludge disposal options;

(E) Subject to approval under Rule .0907(b) of this Section, the Control Authority may determine that an Industrial User meeting the criteria in Parts (A) and (B) of this Subparagraph has no reasonable potential for adversely affecting the POTW's operation or for violation any Pretreatment Standards or Requirements and thus us not a Significant Industrial User; or

(F) Subject to approval under Rule .0907(b) of this Section, the Control Authority may determine that an Industrial User meeting the criteria in Part (C) of this Subparagraph meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a Non-Significant Categorical Industrial User.

(35)(34) "Significant Noncompliance" or "SNC" is the status of noncompliance of an industrial user a Significant Industrial User when one or more of the following criteria are met: met. Additionally, an Industrial User which meets the criteria in Parts (C), (D), or (H) of this Subparagraph shall also be SNC:

(A) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit and the average limit for the same pollutant parameter; this percentage is determined by dividing the total number of violations for the parameter by the number of compliance judgment points for the parameter; taken for the same pollutant parameter (not including flow) due a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR Part 403.3(l);

(B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all the measurements taken for each the same pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR Part 403.3(i) multiplied by the applicable TRC; (TRC = 1.4 for BOD, TSS, fats, oil and grease, 1.2 for all other pollutants (except flow and pH); this percentage is determined by dividing the total number of TRC violations for the parameter by the number of compliance judgment points for the parameter);

(C) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) Pretreatment Standard or Requirement as defined in 40 CFR Part 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Control Authority and/or POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

(D) Any discharge of a pollutant or wastewater that has caused imminent endangerment to human health, welfare or to the environment or has resulted in either the POTW's Control Authority's, and/or POTW's if different from the Control Authority, exercise of its emergency authority under Paragraph (f)(1)(vi)(B) of 40 CFR 403.8 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;

(E) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a pretreatment permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide, within 30 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance; or

(H) Any other violation or group of violations that the Control Authority and/or POTW determines will adversely affect the operation or implementation of the local pretreatment program.

(36)(35) "Staff" means the staff of the Division of Environmental Management, Water Quality, Department of Environment, Health, Environment and Natural Resources.

(37)(36) "Upset" is an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(38)(37) "Waste reduction" means source reduction and environmentally sound recycling.

(39)(38) "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

(40)(39) "Waters of the State" are all streams, rivers, brooks, swamps, sounds, tidal estuaries, bays, creeks, lakes, waterways, reservoirs, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained in, flow through, or border upon the State or any portion thereof.
Authority G.S. 130A-334(13); 143-215.3(a)(1),(14); 150B-21.6.
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