Section 76. - Sewer connection permit.

Except in new developments where connections may be installed by private contracting firms, all persons desiring to make sewer connections to the municipal sewer system, whether within or outside the city corporate limits, shall apply to the director for a permit upon forms prescribed and furnished by the director. Upon payment of the required fees to the commission revenue collector, a written permit shall be issued by the director. The acceptance of such permit shall obligate the owner of the property referred to in the permit to comply with all resolutions and regulations in force at the time the permit is granted, or which shall be in force at any time thereafter.

(Res. of 6-9-03(2))

Section 77. - Wastewater discharge permits.

It shall be unlawful for any person to connect or discharge to the POTW without first obtaining the permission of the commission. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within sixty (60) days of request. The user shall update this information when requested by the director within thirty (30) days of the request.

The director may issue the following permits and documents associated with the discharge of wastewater to the sanitary sewer system:

A.

Industrial user (SIU) permit.

B.

Commercial user permit.

C.

Special wastewater discharge permit.

D.

Septage permits.

E.

Pump and haul permits.

These permits and documents are issued under the authority of this resolution and as such are all subject to the general requirements, enforcement provisions, and administrative procedures.

(Res. of 6-9-03(2))

Section 78. - Permit requirement/domestic waste concentration.

The average domestic waste pollutant concentrations, calculated as daily average discharges, are listed below:

All users and significant industrial users whose six-month average exceeds one (1) or more of these domestic waste pollutant concentrations must request an industrial user permit in accordance with Section 79 below.

(Res. of 6-9-03(2))

Section 79. - Permit application and issuance.

A.

Significant industrial users. All significant industrial users must apply for, and obtain, an industrial user permit from the director prior to discharging wastewater to a POTW. Such significant industrial users must pay a permit development fee as outlined in Section 125. Existing industrial users who are determined by the director to be significant industrial users shall obtain an industrial user permit within one hundred eighty (180) days of receiving notification of the director's determination. Industrial users who do not fit the significant industrial user criteria may at the discretion of the director be required to obtain a wastewater discharge permit for commercial users.

B.

Significant industrial user determination. All persons proposing to discharge non-domestic wastewater, or proposing to change the volume or characteristics of an existing discharge of non-domestic wastewater shall request from the director a significant industrial user determination. If the director determines or suspects that the proposed discharge fits the significant industrial user criteria he will require that an industrial user permit application be filed.

C.

Other users. Users who discharge wastewater that exceeds the domestic waste concentrations as specified in Section 78 shall request an industrial user discharge determination from the director by filing a permit application. A user must submit a permit application and all supporting information within sixty (60) days of either exceeding the domestic average, or receipt of the director's request, whichever comes first. Upon receipt of the permit application, the director will determine if a permit is required and, if so, will develop a permit under subsection G. below. For users who exceed the domestic waste values as set forth in Section 78 the director will determine if the exceedance is so significant as to require a permit.

D.

Industrial user permit application. Users required to obtain an industrial user permit shall complete and file with the commission, an application in the form prescribed by the director. Significant industrial users shall apply for an industrial user permit within ninety (90) days after notification of the director's determination in subsection (A) above. The application shall include at a minimum the information required by 15A NCAC 02H 0.0916(c)(1)(A—M). In support of the application the user shall submit any other information deemed necessary by the director to evaluate the permit application. This may include reporting requirements under 40 CFR 403.12(b) and Section 86.

E.

Application signatories and certification. All permit applications and user reports must be signed by the current authorized representative of the user on file with the director as defined in Section 2 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."

F.

Permit development. Significant industrial users, and other users who the director determines must obtain a permit after review of their permit application, shall submit all other information the director determines is necessary for development of a permit. Users who do not fit the significant industrial user criteria may, at the discretion of the director, be required to obtain a commercial wastewater discharge permit. Commercial users shall pay a permit development fee as required in Section 125 C.

G.

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 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.

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 commission's general permit conditions into an industrial user permit.

H.

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.

I.

Change in national categorical standard. Users that are subject to newly promulgated national categorical pretreatment standards and that do not have a permit shall apply for a permit within one hundred eighty (180) days of the promulgation of the new standard.

J.

Permit supporting documentation. The control authority shall prepare the following documents for all significant industrial user permits.

1.

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 approved maximum allowable loadings of the POTW, including flow, on forms or in a formal approved by the division. 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.

2.

The basis, or rationale, for the pretreatment limitations, including the following:

(A)

Documentation of categorical determination, including documentation of any calculations used in applying categorical pretreatment standards; and

(B)

Documentation of the rationale of any parameters for which monitoring has been waived under 40 CFR Part 403.12(e)(2).

K.

Final action on significant industrial user permit applications.

1.

The director shall take final action on all applications not later than ninety (90) days following receipt of a complete application.

2.

The director is authorized to:

a.

Issue a significant industrial user permit containing such conditions as are necessary to effectuate the purposes of this resolution 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 81 of this resolution;

d.

Revoke any permit pursuant to Section 102 of this resolution;

e.

Suspend a permit pursuant to Section 102 of this resolution;

f.

Deny a permit application when in the opinion of the 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.

(Res. of 6-9-03(2); Res. of 6-11-07; Res. of 11-14-11)

Section 80. - Permit conditions.

The director may issue an industrial user permit or commercial user permit with whatever limits and conditions fulfill the purposes of this resolution, state and federal laws, rules and regulations, as determined by the director in his discretion.

A.

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 non-transferability;

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 as defined in Section 2;

6.

Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in Section 2, if determined by the director to be necessary for the user and;

7.

Requirements for immediately notifying the director of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load as defined in Section 2. Also see Section 90 and 91;

8.

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.

B.

In addition, 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 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 user charges and fees for the management of the wastewater discharged to the system.

6.

Requirements for installation and maintenance of 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 Section 96 and affording the director, or his representatives, access thereto.

12.

Requirements for prior notification and approval by the 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.

13.

Requirements for the prior notification and approval by the director of any change in the manufacturing and/or pretreatment process used by the permitttee.

14.

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.

15.

Other conditions as deemed appropriate by the director to ensure compliance with this resolution, and state and federal laws, rules, and regulations.

C.

Appeal. Permit actions specified above are subject to appeal procedures specified in article VI of this resolution. A user loses the right to appeal if he does not do so within thirty (30) days of receipt of notice of the action subject to appeal. In such cases, the action is binding.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 81. - Permit modifications.

A permit may be modified at the request of the user or by action of the director. Permit modifications requested by the user shall incur a permit modification fee as stated in Section 125(c). Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. The following conditions also apply:

A.

Notice. When a permit modification is initiated by the director, the director shall give a user sixty (60) days written notice if the limitation is more stringent than the existing limit. Such notice is not required if the director suspends a discharge or a permit on an emergency basis as provided elsewhere in this resolution or if a user requests a modification.

B.

Procedures. Modification of permits shall be subject to the same procedural requirements as the issuance of permits set forth in Section 79, above, except as follows:

1.

Changes in the ownership of the discharge when no other change in operation or the permit is indicated;

2.

A single modification of any compliance schedule not in excess of four (4) months;

3.

Modification of compliance schedules or construction schedules in permits for new sources where the new source will not begin to discharge until control facilities are operational.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 82. - Permit transfer or site closure.

Industrial and commercial user permits are issued to a specific user for a specific operation. In case of a change in ownership or operation, a permit modification or new permit must be requested. An industrial user permit may be voided by the director, with notice but without right to a hearing if a permit is transferred or sold to a different owner or user or to different premises, or a new or changed operation.

Any permitted industrial or commercial facility that plans to move outside of the Winston-Salem service area or plans to terminate its business operation, must provide at least thirty (30) days' notice to the industrial waste control section. This notice must provide the timeframe and any information as to closing methods, procedures, or practices that may impact the wastewater treatment facility.

(Res. of 6-9-03(2))

Section 83. - Permit reissuance.

A user shall apply for permit reissuance by submitting a complete permit application and fees in accordance with this article a minimum of ninety (90) days prior to the expiration of the existing permit if the permittee wishes to continue an activity regulated by the permit. The permittee is not authorized to discharge after the expiration date of the permit. In order to receive automatic authorization to discharge beyond the expiration date of the permit, the permittee shall submit such information, forms, and fees as are required by the commission no later than ninety (90) days prior to the expiration date. Any permittee that has not requested renewal at least ninety (90) days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least ninety (90) days prior to expiration, and continues to discharge into the POTW, will be subject to enforcement procedures as provided in article X.

(Res. of 6-9-03(2))