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




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15A NCAC 02H .0909 NATIONAL PRETREATMENT

STANDARDS: PROHIBITED DISCHARGES

The regulations regarding national prohibited pretreatment standards and local limits development and enforcement promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.5 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.
Authority G.S. 143-215.1(a)(7); 143-215.1(b); 143-215.3(a)(1),(14); 150B-21.6.
15A NCAC 02H .0910 NATIONAL PRETREATMENT

STANDARDS: CATEGORICAL STANDARDS

The regulations regarding national categorical pretreatment standards promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.6 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.
Authority G.S. 143-215.1(a)(7); 143-215.1(b); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0912 ADJUSTMENTS FOR

FUNDAMENTALLY DIFFERENT FACTORS

The regulations regarding variances from national categorical pretreatment standards for fundamentally different factors promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.13 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.
Authority G.S. 143-215(a); 143-215.1(a),(b); 143-215.3(a),(14),(e); 150B-21.6.
15A NCAC 02H .0913 PUBLIC ACCESS TO

INFORMATION

(a) Information and data provided by an industrial user to the POTW Director pursuant to this Section, identifying the nature and frequency of a discharge, shall be available to the public without restriction. All other information which may be so submitted or which may be furnished by an industrial user to the POTW director Director in connection with any required periodic reports shall also be available to the public unless the industrial user or other interested person specifically identifies the information as confidential upon submission and is able to demonstrate to the satisfaction of the POTW director Director that the disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.

(b) Information and data provided by an industrial user to the Division Director shall be subject to the processes set forth in G.S. 143-215.3C.

(c) Information provided by an industrial user to a Control Authority that is determined to be entitled to confidential treatment shall be made available upon written request to the Division or any state agency for uses related to the Pretreatment Program, the National Pollutant Discharge Elimination System (NPDES) Permit, collection system permit, stormwater permit, and/or Non-discharge Permit, and/or for uses related to judicial review or enforcement proceedings involving the person furnishing the report.

(d) Information and data made available to the Division or other state agency under Paragraph (c) of this Rule shall be subject to the processes set forth in G.S. 143-215.3C.
Authority G.S. 132-1.2; 132-6; 132-9; 143-215.1; 143-215.3; 143-215.3C.
15A NCAC 02H .0914 UPSET PROVISION

The upset provision promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.16 is 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.
Authority G.S. 143-215.3(a)(1); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0915 NET/GROSS CALCULATION

The net/gross calculation provisions promulgated by the Environmental Protection Agency and codified as 40 CFR Part 403.15 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.
Authority G.S. 143-215.3(a)(1); 143-215.3(a)(14); 150B-21.6.
15A NCAC 02H .0916 PERMITS

(a) All Significant Industrial Users who discharge waste into a POTW or who construct or operate a pretreatment facility must shall obtain a permit from the Control Authority.

(b) Where the Division is the Control Authority Authority, permits shall be issued in accordance with Section .0100 of this Subchapter.

(c) Where the POTW is the Control Authority, Authority is a POTW organization, Significant Industrial User permits shall be issued as follows:

(1) Application: any Significant Industrial User required to obtain a permit in Paragraph (a) of this Rule shall be required to complete, sign and submit to the Control Authority a permit application. Application fees and procedures may be prescribed by the Control Authority. All pretreatment permit applications shall include as a minimum:

(A) name of industry; Industrial User;

(B) address of industry; Industrial User;

(C) standard industrial classification (SIC) code(s) or expected classification and industry Industrial User category;

(D) wastewater flow;

(E) types and concentrations (or mass) of pollutants contained in the discharge;

(F) major products manufactured or services supplied;

(G) description of existing on-site pretreatment facilities and practices;

(H) locations of discharge points;

(I) raw materials used or stored at the site;

(J) flow diagram or sewer map for the industry; Industrial User;

(K) number of employees;

(L) operation and production schedules; and

(M) description of current and projected waste reduction activities in accordance with G.S. 143-215.1(g).

(2) Renewals: Applications for pretreatment permit renewals shall be accomplished by filing an appropriate application form as listed in .0916 Subparagraph (c)(1) of this Rule prior to permit expiration. The number of days prior to expiration by which the application must shall be filed shall be established by the Control Authority.

(3) Review and Evaluation:

(A) The POTW Director is authorized to accept applications for the Commission and shall refer all applications to the POTW Control Authority staff for review and evaluation.

(B) The POTW Director shall acknowledge receipt of a complete application, or if not complete, shall return the application to the applicant with a statement of what additional information is required.

(C) The POTW Control Authority staff shall include as part of the permit record documentation of an on site inspection of the industrial facility user and any existing wastewater pretreatment system. system as part of the permit record for new and renewed permits. Such inspection shall have been conducted a maximum of 12 months prior to the issue date of the pretreatment permit.

(D) The POTW Control Authority staff shall conduct an evaluation and make a tentative determination to issue or deny the permit. If the POTW Control Authority staff's tentative determination is to issue the permit, it shall make the following additional determinations in writing and transmit them to the permittee: Industrial User:

(i) proposed effluent limitations for those pollutants proposed to be limited;

(ii) a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations; and

(iii) a brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.

The POTW Control Authority staff shall organize the determinations made into a pretreatment permit.

(4) Permit synopsis and allocation table: A brief synopsis of the application and permit shall be prepared by the POTW staff for all Significant Industrial User permits. This synopsis shall be maintained in the POTW files in accordance with Rule .0908(f) of this Section. The synopsis and allocation table shall be sent to the Division along with the pretreatment permit if required in Rule .0917 of this Section. An allocation table 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 loads with Division approved maximum allowable loadings of the POTW, shall be prepared on forms or in a format approved by the Division and updated as permits are issued, modified, or renewed. Forms or format deviating from Division-issued forms or format shall be submitted to the Division for approval and shall contain all required information in a logical order or, if appropriate, in a computer-compatible format. The contents of the synopsis shall include at least the following information:

(A) a copy of the completed industrial user application or a quantitative description of the discharge described in the application which includes at least the following:

(i) the rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow;

(ii) the average daily discharge in pounds per day of any pollutants which are present in significant quantities or which are subject to limitations or prohibition.

(B) the basis, or rationale, for the pretreatment limitations including the documentation of any calculations used in applying categorical pretreatment standards; and

(C) a copy of the record of the inspection of the industrial user required in Part (c)(3)(C) of this Rule.

(4) Permit supporting documentation. The Control Authority staff shall prepare the following documents for all Significant Industrial User permits.

(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 loads with Division approved maximum allowable loadings of the POTW, including flow, on forms or in a format approved by the Division and updated as permits are issued or renewed, and as permits are modified where the permitted limits or other AT information is revised.

(B) The basis, or rationale, for the pretreatment limitations, including documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards and documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.12(e)(2).

(5) Hearings:

(A) Adjudicatory Hearings. An applicant whose permit is denied, terminated, or is granted subject to conditions he/she deems unacceptable, shall have the right to an adjudicatory hearing before the POTW Director or other hearing officer appointed by the POTW Director upon making written demand, identifying the specific issues to be contested, to the POTW Director within 30 days following notice of the final decision to deny or grant the permit. Unless such written demand is made, the decision on the application shall be final and binding, subject to the provisions of Rule .0917 of this Section, and further appeal is barred. For modified permits, only those parts of the permit being modified may be adjudicated. The POTW Director or other hearing officer, as appropriate, shall make a decision on the contested permit within the time period specified in the Control Authority's Sewer Use Ordinance. The POTW Director shall transmit a copy of the hearing officer's decision to the petitioner by registered or certified mail. If no further administrative appeal is provided by the governing body of the Control Authority under Part (c)(5)(B) of this Rule then the decision is a final decision for the purposes of seeking judicial review. An Official Record of the adjudicatory hearing must be prepared as described in Part (c)(5)(C) of this Rule.

(i) 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.

(ii) Renewed or Modified Permits. Upon appeal, including judicial review in the General Courts of Justice, of the terms or conditions of a renewed or modified 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.

(iii) Terminated Permits. Upon appeal, including judicial review in the General Courts of Justice, of a terminated permit, no permit is in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.

(B) Optional Appeal Hearings. If so provided by the governing body of the Control Authority, any decision of a hearing officer or POTW Director made as a result of an adjudicatory hearing held under Part (c)(5)(A) of this Rule may be appealed, to the governing body of the Control Authority or other unbiased entity designated by the governing body of the Control Authority upon filing a written demand within ten days of receipt of notice of the decision. Failure to make written demand within the time specified herein shall bar further appeal. The governing body of the Control Authority or other unbiased entity, as appropriate, shall make a final decision on the appeal within the time period specified in the Control Authority's Sewer Use Ordinance. The governing body of the Control Authority or its designee shall transmit a written copy of its decision by registered or certified mail to the petitioner. This decision is a final decision for the purposes of seeking judicial review. An Official Record of the hearing must be prepared as described in Part (c)(5)(C) of this Rule.

(C) Official Record. When a final decision for the purposes of judicial review is issued under Subparagraph (c)(5) of this Rule, the hearing officer shall prepare an official record of the case that includes:

(i) All notices, motions, and other like pleadings;

(ii) A copy of all documentary evidence introduced;

(iii) 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;

(iv) A copy of the final decision of the hearing officer.

(D) Judicial Review. Any person against whom a final decision of the hearing officer or POTW Director is entered, pursuant to the hearing(s) conducted under Subparagraph (c)(5) of this Rule, may seek judicial review of the decision, by filing a written petition within 30 days after receipt of notice by registered or certified mail of the final decision, but not thereafter, with the Superior Court of the appropriate county along with a copy to the Control Authority. Within 30 days after receipt of the copy of the petition of judicial review, the final decision maker shall transmit to the reviewing court the original or a certified copy of the official record.

(6)(5) Final Action on Permit Applications:

(A) The POTW Director shall take final action on all applications by either issuing a pretreatment permit or by denying the discharge not later than 90 days following the receipt of a complete application. If, following the 30 day period required by Part (c)(5)(A) of this Rule and Rule .0917(c) Rules .0917(d) and .0922 of this Section, no written demand for hearing, objection, or request for more information under Rule .0917(f)(2) of this Section has been made, the permit shall become final and binding.

(B) The POTW Director is authorized to:

(i) issue a permit containing such conditions as are necessary to effectuate the purposes of G.S. 143-215.1;

(ii) issue a permit containing time schedules for achieving compliance with applicable pretreatment standards and limitations and other legally applicable requirements;

(iii) modify or revoke any permit pursuant to Subparagraph (c)(7) (c)(6) of this Rule;

(iv) deny a permit application;

(v) issue permits to industrial users not identified as Significant Industrial Users using procedures prescribed by the Control Authority; and

(vi) require Significant Industrial Users to develop a waste reduction plan and implement waste reduction techniques and technologies.

(C) Permits shall be issued or renewed for a period of time deemed reasonable by the POTW Director but in no case shall the period exceed five years.

(D) The POTW Director shall notify an applicant by certified or registered mail of the denial of his/her permit application. Notifications of denial shall specify the reasons therefore and the proposed changes which in the opinion of the POTW Director will be required to obtain the permit.

(7)(6) Modification and Revocation of Permits:

(A) Any permit issued pursuant to this Rule is subject to revocation or modification in whole or part for good cause as outlined in the Control Authority's sewer use ordinance. Sewer Use Ordinance.

(B) Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as follows:

(i) changes in the ownership of the discharge when no other change in the permit is indicated;

(ii) a single modification of any compliance schedule not in excess of four months;

(iii) 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; or

(iv) modifications of the monitoring requirements in the permit.

(C) Permit effective dates and modification dates shall not be retroactive.

(7) Permit effective dates and modification effective dates shall not be retroactive.
Authority G.S. 143-215(a); 143-215.1(a), (c), (g); 143-215.3(a)(3),(14)(e).
15A NCAC 02H .0917 PRETREATMENT PERMIT

SUBMISSION AND REVIEW

(a) Upon issuance, each POTW Control Authority shall transmit to the Division copies of all issued Significant Industrial User pretreatment permits.

(b) For new Significant Industrial Users and for Significant Industrial Users identified as categorical industrial users, upon issuance, the POTW shall transmit to the Division:

(1) Notice of actions taken by the POTW to the consideration of any permit application including a copy of each pretreatment permit and any conditions, requirements or documents which are related to the pretreatment permit;

(2) A synopsis of the permit and an allocation table for the POTW receiving the discharge(s).

(b) Permits and permit renewal submissions to the Division for Significant Industrial Users shall include the supporting information listed below. Permit modification submissions for Significant Industrial Users shall include updated versions of the supporting information listed below as applicable to that modification:



(1) the rationale for limits and allocation table required by Rule .0916(c)(4) of this Section;

(2) a copy of the completed industrial user application required in Rule .0916(c)(1) of this Section; and

(3) a copy of the record of the inspection of the industrial user required in Rule .0916(c)(3)(C) of this Section.

(c) The Division Director may waive some or all of the requirements in Paragraphs (a) and (b) of this Rule. In making the decision to waive these requirements, the Division Director may consider factors including but not limited to training levels of Control Authority staff, quality of previous pretreatment permit submissions, percent maximum allowable headworks loading capacity remaining, percent industrial user flow, industrial user waste characteristics, and compliance status of the POTW and its respective environmental permits.

(c)(d) The Division shall have 30 days from the receipt of pretreatment permits in which to make general comments upon, objections to or recommendations with respect to the permit. Unless such an objection or request for more information in accordance with Paragraph (f)(g) of this Rule is made, the permit shall be final and binding.

(d)(e) Within 30 days of the receipt of a pretreatment permit to which the Division Director has objected the Division staff shall set forth in writing and transmit to the Control Authority:



(1) A statement of the reasons for the objection, including the regulations that support the objection and; objection; and

(2) The actions which must shall be taken by the Control Authority to eliminate the objection including the effluent limitations and conditions which the permit would include if it were issued by the Division.

(e)(f) The Division Director's objection to the issuance of a pretreatment permit must shall be based upon one or more of the following grounds:

(1) the permit fails to apply or to ensure compliance with any applicable requirement of this Section;

(2) the procedures followed in connection with formulation of the pretreatment permit failed to comply with the procedures required by State Statute or by the POTW's Control Authority's approved pretreatment program;

(3) a finding made by the Control Authority in connection with the pretreatment permit which misinterprets any categorical pretreatment standard or pretreatment regulation or misapplies them to the facts;

(4) the provisions of the pretreatment permit relating to the maintenance of records, monitoring or sampling by the permittee Control Authority and industrial user are, in the judgment of the Division Director, inadequate to assure compliance with permit conditions or applicable pretreatment standards.

(f)(g) Prior to notifying the POTW Control Authority of an objection objection, the Division Director:

(1) shall consider all data transmitted pursuant to Rule .0916 of this Section;

(2) may, if more information is needed to determine whether the permit is adequate, request the POTW Control Authority to make available to the Division staff the complete record of permit proceedings, or any portions of the record that the Division Director determines are necessary for review. Requests must shall be made within 30 days of the state's Division's receipt of the permit under Rule.0916 of this Section, and shall suspend the 30 day review period in Paragraph (c)(d) of this Rule. When the Division staff has obtained the requested records or portions of the record, the Division staff shall have an additional 30 days for review; and

(3) may, to the extent feasible within the period of time available, afford interested persons the opportunity to comment on the basis for the objection.

(g)(h) If within 60 days of the receipt of the Division Director's objection the POTW Control Authority does not resubmit a permit revised to meet the Division Director's objection, the Division Director may issue the permit in accordance with 15A NCAC 2H .0100. Section .0100 of this Subchapter. Exclusive authority to issue the permit required by G.S. 143-215.1(a) passes to the Division when this time expires.
Authority G.S. 143-215(a); 143-215.1(a)(c); 143-215.3(a)(3),(14)(e).
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