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(4) Any meeting brought pursuant to this Subsection shall be held in the geographical area of the
proposed discharge or other appropriate area, in the discretion of the Director, and may, as
appropriate, consider related groups of permit applications.
(b) Adjudicatory Hearings and appeals shall be conducted in accordance with Article 3 of Chapter 150B of the General
Statutes.
History Note: Authority G.S. 143-215.3(a)(1); 143-215,1(c)(1); 143-215.3(a)(3); 143-215.3(a)(4);
143-215.5; 143-215. 1 (e);
Eff. February 1, 1976;
Amended Eff. March], 1993; November], 1987.
15A NCAC 02H .0112 FINAL ACTION ON PERMIT APPLICATIONS
(a) The Director shall take final action on all NPDES applications not later than 60 days following notice of intent to
issue or deny, or, if a public meeting is held, within 90 days following the closing of the record of the meeting or in the
case of an Authorization to Construct permit 90 days after the receipt of a complete application or, if a public meeting is
held concerning the Authorization to Construct, within 90 days following the closing of the record of the meeting.
(b) The Director is authorized to:
(1) issue a permit containing such conditions as are necessary to effectuate the purposes of G.S.
143-215.1 and G.S. 143-215.67;
(2) issue a permit containing time schedules for achieving compliance with applicable effluent standards
and limitations, water quality standards, and other legally applicable requirements;
(3) modify or revoke any permit upon giving 60 days notice to the person affected pursuant to Rule
.0114(a) of this Section;
(4) suspend a permit pursuant to Rule .0114(a) of this Section;
(5) rescind a permit upon request by the permittee;
(6) deny a permit application:
(A) where necessary to effectuate the purposes of Article 21 Chapter 143,
(B) for a discharge prohibited by G.S. 143-214.2(a),
(C) where the Secretary of the Army finds the discharge would substantially impair anchorage
and navigation,
(D) for a discharge to which the regional administrator of EPA has objected as provided in
Section 402(d) of the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq,
(E) for any point discharge which conflicts with a plan approved pursuant to Section 208(b) of
the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq, effective February 4, 1987.
(c) The permit applicant has the burden of providing sufficient evidence to reasonably ensure that the proposed system
will comply with all applicable water quality standards and requirements. No permit may be issued when the
imposition of conditions cannot reasonably ensure compliance with applicable water quality standards and regulations
of all affected states.
(d) Permits shall be issued or renewed for a period of time deemed reasonable by the Director except in no case shall
permits be issued for a period to exceed five years.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(c)(4); 143-215.1(b); 143-215.3(a)(3);
143-215.3(a)(4); 143-215.1(c)(5); 143-214.2(a); 143-215; 143-215.2(a);
Eff. February], 1976;
Amended Eff. March 1, 1993; October 1, 1987; September 1, 1986; December 1, 1984.
15A NCAC 02H .0113 NOTIFICATION OF APPLICANTS
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The Director shall notify an applicant of the final decision of the applicant's permit application. Notifications of denial
shall be made by certified mail and shall specify the reasons therefor and the proposed changes which in the opinion of
the Director will be required to obtain the permit.
History Note: Authority G.S. 143-215.3(a)(1); 143-215. ](a); 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. October 1, 1987.
15A NCAC 02H .0114 MODIFICATION AND REVOCATION OF PERMITS
(a) Any permit issued pursuant to this Section is subject to revocation or modification in whole or part pursuant to 40
CFR 122.62 or for any of the following:
(1) violation of any terms or conditions of the permit;
(2) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(3) a change in any condition that requires either a temporary or permanent reduction or limitation of the
permitted discharge; and
(4) refusal of the permittee to permit the Director or his authorized representative upon presentation of
credentials:
(A) to enter upon permittee's premises in which an effluent source is located or in which any
records are required to be kept under terms and conditions of the permit,
(B) to have access to any copy and records required to be kept under terms and conditions of the
permit,
(C) to inspect any monitoring equipment or method required in the permit, or
(D) to sample any discharge of pollutants.
(5) failure to pay the annual fee for administering and compliance monitoring.
rb) Modifications and reissuance of permits shall be subject to the same public notice and other procedural
requirements as the issuance of permits except as follows:
(1) modifications of the monitoring program contained in the permit,
(2) name changes or changes in the ownership of the discharge when no other change in the permit is
indicated,
(3) a single modification of any compliance schedule not in excess of four months,
(4) 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,
(5) modifications to include or amend pretreatment program requirements,
(6) issuance of permits revoked for failure to pay the annual administering and compliance monitoring
fee,
(7) modifications determined by the Director to be minor, such as typographical errors, incorrect maps,
and similar minor changes.
History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(b)(3);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; September 1, 1988; November 1, 1987.
15A NCAC 02H .0115 PUBLIC ACCESS
(a) All records, reports, and information required to be submitted to the Commission or the Director; any public
comment on these records, reports or information; and the draft and final permits shall be disclosed upon request to the
public unless the person submitting the information can show that such information, if made public, would disclose
methods or processes entitled to protection as trade secrets.
(b) The Director is authorized to determine information which is entitled to confidential treatment. In the event the
Director determines that such information (other than effluent data) is entitled to confidential treatment, he shall take
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sidewall shall not be considered part of the disposal area provided that all of the following
standards are met:
(1)
In addition to the requirements established by the Commission pursuant to
subsection (a4) of G.S. 143-215.1, the treatment system shall include a
mechanism to provide filtration of effluent to 0.5 microns or less and all
essential treatment units shall be provided in duplicate.
(2)
Particle size analysis in accordance with ASTM guidelines for all native and
non-native materials shall be performed. Seventy-five percent (75%) of all
non-native soil materials specified shall have a particle size of less than 4.8
millimeters.
(3)
Non-native materials shall comprise no more than fifty percent (50%) of the
basin sidewall area.
(4)
Systems meeting the standards set out in subdivisions (1), (2), and (3) of this
subsection shall be considered nondischarge systems, and the outfall of any
associated groundwater lowering device shall be considered groundwater
provided the outfall does not violate water quality standards.
(b) Commission's Power as to Permits. —
(1)
The Commission shall act on all permits so as to prevent, so far as
reasonably possible, considering relevant standards under State and federal
laws, any significant increase in pollution of the waters of the State from any
new or enlarged sources. No permit shall be denied and no condition shall be
attached to the permit, except when the Commission finds such denial or
such conditions necessary to effectuate the purposes of this Article.
(2)
The Commission shall also act on all permits so as to prevent violation of
water quality standards due to the cumulative effects of permit decisions.
Cumulative effects are impacts attributable to the collective effects of a
number of projects and include the effects of additional projects similar to
the requested permit in areas available for development in the vicinity. All
permit decisions shall require that the practicable waste treatment and
disposal alternative with the least adverse impact on the environment be
utilized.
(3)
General permits may be issued under rules adopted pursuant to Chapter
150B of the General Statutes. Such rules may provide that minor activities
may occur under a general permit issued in accordance with conditions set
out in such rules. All persons covered under general permits shall be subject
to all enforcement procedures and remedies applicable under this Article.
(4) The Commission shall have the power:
a. To grant a permit with such conditions attached as the Commission
believes necessary to achieve the purposes of this Article.
b. To require that an applicant satisfy the Department that the applicant,
or any parent, subsidiary, or other affiliate of the applicant or parent:
1. Is financially qualified to carry out the activity for which the
permit is required under subsection (a) of this section; and
2. Has substantially complied with the effluent standards and
limitations and waste management treatment practices
applicable to any activity in which the applicant has
previously engaged, and has been in substantial compliance
with other federal and state laws, regulations, and rules for
the protection of the environment.
G.S. 143-215.1 Page 3
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3. As used in this subdivision, the words "affiliate," "parent,"
and "subsidiary" have the same meaning as in 17 Code of
Federal Regulations § 240.12b-2 (April 1, 1990, Edition).
4. For a privately owned treatment works that serves 15 or more
service connections or that regularly serves 25 or more
individuals, financial qualification may be demonstrated
through the use of a letter of credit, insurance, surety, trust
agreement, financial test, bond, or a guarantee by corporate
parents or third parties who can pass the financial test. No
permit shall be issued under this section for a privately owned
treatment works that serves 15 or more service connections or
that regularly serves 25 or more individuals, until financial
qualification is established and the issuance of the permit
shall be contingent on the continuance of the financial
qualification for the duration of the activity for which the
permit was issued.
C. To modify or revoke any permit upon not less than 60 days' written
notice to any person affected.
d. To designate certain classes of minor activities for which a general
permit may be issued, after considering:
1. The environmental impact of the activities;
2. How often the activities are carried out;
3. The need for individual permit oversight; and
4. The need for public review and comment on individual
permits.
e. To designate certain classes of minor activities for which:
1. Performance conditions may be established by rule; and
2. Individual or general permits are not required.
(5) The Commission shall not issue a permit for a new municipal or domestic
wastewater treatment works that would discharge to the surface waters of the
State or for the expansion of an existing municipal or domestic wastewater
treatment works that would discharge to the surface waters of the State
unless the applicant for the permit demonstrates to the satisfaction of the
Commission that:
a. The applicant has prepared and considered an engineering,
environmental, and fiscal analysis of alternatives to the proposed
facility.
b. The applicant is in compliance with the applicable requirements of
the systemwide municipal and domestic wastewater collection
systems permit program adopted by the Commission.
(bl) Repealed by Session Laws 1991, c. 156, s. 1.
(c) Applications for Permits and Renewals for Facilities Discharging to the Surface
Waters. —
(1) All applications for permits and for renewal of existing permits for outlets
and point sources and for treatment works and disposal systems discharging
to the surface waters of the State shall be in writing, and the Commission
may prescribe the form of such applications. All applications shall be filed
with the Commission at least 180 days in advance of the date on which it is
desired to commence the discharge of wastes or the date on which an
existing permit expires, as the case may be. The Commission shall act on a
G.S. 143-215.1 Page 4
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