15A-NCAC-02H-.0200---760201

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SECTION .0200 -WASTE NOT DISCHARGED TO SURFACE WATERS
• 020 I PURPOSE
These regulations implement G.S. IIJ3-215• I (d) by setting forth
the requirements and procedures for application and issuance of
permits for sewer syste111s-, sewer system extensions, disposal
systems and treatment works which do not discharge to surface
waters of the state. The regulations of this Section will apply
to all permit applications and renewals received on or after
February I, 1976.
History Note; Statutory Authority G.S. 143-215.3(a} (I};
143-215-1:
Eff. February I, 1976 •
• 0202 SCOPE
These regulations apply to all persons proposing to construct,
alter, or extend any sewer system, treatment works or disposal
system which does not discharge to surface waters of the state;
or operating or proposing to operate any sewer system, treatment
works, or disposal system which does not discharge to surface
waters of the state.
History Note: Statutory Authority G.S. 143-215.3 (a) ( ll;
14J-21 s.1: 130-160:
• 0203
The
except
(I)
(2)
( 3)
( 4)
Eff. February I, 1976 •
DEFINITION OF TERMS
terms used herein shall be as defined in G.S. 143-213
for G.S. 143-213(15) and as follows:
The term "director" means the Director of the Division of
Environmental Management, Department of Natural and
Economic Resources or his delegate.
The term "person" shall mean any and all persons,
including individuals, firms, partnerships, associations,
public or private institutions, municipalities or
political subdivisions, governmental agencies, or private
or public corporations organized or existing under the
laws of this state or any other state or country.
The term "sever system" means gravity flow pipelines or
conduits eight inches in diameter or greater, pumping
stations, and appliances appurtenant thereto, used for
conducting wastes to a point of ultimate disposal.
"Treatment works or disposal system which does not
discharge to surface waters" means any treatment works or
disposal system which is designed to:
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(a) operate as closed system with no discharge to waters of
the state, or
(b) dispose of wastes after treatment to the surface of the
land, or
(c) dispose,of wastes~through•a.ground absorption.system.
(5) Ground . absorption.-sewage., disposal. system means a sewage
disposal. method relytng priaarily on the soil .. for leaching
and removal of dissolved and suspended organic or mineral
materi~ls from •human 'wastes. Included are ground
absorpfion -sanitary-_··• sewage .. disposal syste•s • serving
multiple-family residences., places of business; or places
of public assembly, and •having a design capacity in excess
of 3,000 gallonsi·and ground absorption systems of any
capacity which•are designed for the disposal·of industrial
wastes.
(6) The term "staff" means the water quality section of the
division of environmental management, Depart •ent of
Natural and Economic Resources.
(7) Underground waters or groundwaters means any and all
waters beneath the land surface of the state, including
the land surface beneath surface wate,rs of the state.
(8) surface waters means all waters of the state as defined in
G.S. 143-213(20) except underground waters.
(9) Pollutant means waste as defined in G.S. 143-213 (18).
History Note: Statutory Authority G.S. 143-215.3(a) (I);
t 43-213; I 30-160;
Eff. February I, t976 •
• 0204 ACTIVITIES WHICH REQUIRE A PERMIT
No person shall do any of the following things or carry out any
of the following activities until or unless such person shall
have applied for and shall have received from the Environmental
Management commission a permit therefor, and shall have complied
with such conditions, if any, as are prescribed by such permit:
(I) make any outlets into the waters of the state;
(2) construct or operate any sever system, treatment works, or
disposal system which does not discharge to surface
waters;
(3) alter, extend, or change the construction or method of
operation of any sever system, treatment works, or
disposal system which does not discharge to surface
waters;
(4) increase the quantity of waste discharged through any
outlet or processed in any treatment works or disposal
system which does not discharge to the surface waters to
any extent which would result in any violation of the
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effluent standards or limitations established for any
point source or which would adversely affect the condition
of the receiving ground waters to the extent of violating
any of the standards applicable to such waters, or to an
extent beyond such minimum limits as the commission may.
prescribe, by way of general exemption fro • the provisions
of this subdivision,--by its official regulations;
{5) change the nature of the wastewater not discharged to
surface waters in any way which would contravene any
applicable water quality standards for underground waters;
(6) cause or permit any waste, directly or indirectly, to be
discharged to or in any manner intermixed with the ground
waters of the state in violation of water quality
standards applicable to the assigned classifications or in
violation of any effluent standards or limitations
established for any point source, unless allowed as a
condition of any permit, special order, or other
appropriate instrument issued or entered into by the
commission pursuant to G.S. 143-211 et seq.;
(7) cause or permit any wastes for which pretreatment is
required by pretreatment standards to be discharged,
directly or indirectly fro • a pretreatment facility to any
disposal system which does not discharge to the surface
waters, or to alter, extend, or change the construction or
method of operation or increase the quantity or change the
nature of the waste discharged from or processed in such
facility;
{8) enter into a contract for the construction and
installation of any outlet, sever system, pretreatment
facility, treatment works, o& disposal system which does
not discharge to surface waters, or for the alteration or
extension of any such facilities.
History Note: Statutory Authority G.S. 143-2j5.3(a) (I);
143-215-1; 130-160;
Eff. February I, 1976 •
• 0205 APPLICATION, SUPPORTING INFORMATION, REQUIREMENTS
(a) Applications. Application for a permit must be made in
duplicate on official form completely filled out, where
applicable, and fully executed in the manner set forth in
Regulation .0206 of this Section. The signature of the
consulting engineer or other agent will be accepted only if
accompanied by a letter of authorization.
(b) supporting Documents and Information
(I) This Subdivision outlines those supporting documents
and information which must be submitted for sewers,
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sever: extensions, and disposal systems and vastevater:
treatment vor:ks vhich do not discharge to the surface
waters of the state;
(2) For: severs and sewer: extensions:
(Al design flow including flows from branch severs;
(B) rate of infiltration in gallons per: mile of pipe
per: day; ---
(Cl letter: of agr:eeaent fr:om ovner: or: proper official
of treatment works accepting the wastewater:, if
application is not submitted by owner or: proper
official having charge of treatment works;
(D) plan and profile of severs;
(E) specifications describing all materials to be
used, methods of construction and means for
assuring the quality and integrity of the finished
project;
(3) For: pumping stations:
CA) design data;
(B) plan and profile of force main:
(C) plot plan;
(D} specifications describing all materials, to be
used, methods of construction and means for
assuring the quality and integrity of the finished
project;
(q) For septic tank --ground absorption systems:
(Al percolation data en soil;
(B) design data;
(C) plans of complete system including plans for:
septic tank, system layout and cross-section
profile of nitrification lines;
(5) For spray irrigation or land application disposal
systems and treatment works:
(Al topographic map of disposal area;
{Bl test borings and subsurface data adequate for site
evaluation;
(C) soil evaluation of the disposal site conducted by
a recognized soils scientist and his
recommendations concerning application rates of
liquids, solids, minerals and other constituents
of the vastewater;
(D) a project evaluation conducted by a recognized
agronomist and his recommendations concerning
cover crops and their ability to accept the
proposed application rates of liquid, solids,
minerals and other constituents of the vastevater;
{E) complete plans and specifications for the entire
system;
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{6) For closed system or recycle disposal systems and
treatment works:
(A) complete description of wastewater including
chemical composition and chemical reactions which
may occur within the systea;
(B) plans and specifications of the entire system;
{C) soils ··evaluation ... to determine load bearings
capacity, porosity, compactability and other
features necessary to determine the potential for
ground water contamination.
(c) Miscellaneous Requirements
(I) Required sets of plans and specifications:
(A) regular projects --two sets of detailed plans and
specifications, ·
(B) federal and state grants projects --three sets of
detailed plans and specifications plus federal
assurances required by appropriate federal agency;
(2) For pumping stations:
{A) no by-pass or overflow lines,
(B) dual pumps,
{C) dual power supply where waters classified as A-II-
B-SB are involved,
(D) high water alarms;
(3) Compliance with commission regulations on "coastal
waste treatment disposal" found in Section .0400 of
this subchapter;
(4) Co111pliance with commission regulations on "septic tank
systems" found in Section .0300 of this Subchapter, by
a system above 3,000 gallons design capacity, which
does not discharge to the surface waters of the state:
(5) When an application for a per111it is filed for
wastewater facilities for a condominium, a copy of the
properly executed "tri-party agreementtt 111ust be
sub111it ted;
(6) Where applicable, evidence must be submitted to show
that application bas been filed with the State
Dtilities Commission for approval of utility rate
structures;
(7) When required, a statement should be submitted that the
wastewater treatment facility involved will be properly
disconnected, and the wastewater discharged into an
adequate district or municipal system when it becomes
available.
History Note: Statutory Authority G.s. 143-215.l(a) (ti:
14J-21s.1:
Eff. February I, 1976.
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.0206 FILING APPLICATIONS
(a) Permit applications and supporting information shall be
filed with the Director, Division -0f Environmental Management,
Department of Natural and Economic Resources, Post Office Box
27687, Raleigh, North Carolina, 27611•
(b) Complete application and supporting information shall be
filed at least 90 days --in advance of the date on which
construction is to begin or contracts for construction awarded.
{c) Permit applications shall be signed as follows:
(I) in the case of corporations, by a principal executive
officer of at least the level of vice-president, or his
duly authorized representative;
(2) in the case of a partnership, by a general partner and
in the case of a limited partnership, by a general
{ 3)
{4)
partner;
in the case
proprietor;
in the case of
entity by either
elected official
of a sole proprietorship, by the
a municipal, state, or other public
a principal executive officer, ranking
or other duly authorized employee.
History Note: Statutory Authority G.S. 143-215.3(a) (I);
143-215-1;
Eff. February I, 1976 •
• 0207 SUBMISSION OF PERMIT APPLICATION
(a) Applications for permits shall be submitted to the
director.
(b) The director is authorized to accept applications for the
commission and shall refer all applications to the staff for
review and evaluation.
(c) The 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.
History Note: Statutory Authority G.S. 143-215.3(a) (I);
143-215. I (d); 1113-215. 3 (a) (4);
Eff. February I, 1976 •
• 0208 STAFF REVIEW AND PERMIT PREPARATION
(a) The staff shall conduct a review of plans, specifications
and other project data accompanying the application and shall
determine if the application or accompanying supporting data or
both are complete.
(b) If the staff's preliminary determination in Subdivision
(a) of this Regulation is that the application or accompanying
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supporting data or both are incomplete, the staff shall advise
the applicant by mail: ..
(I) that the application or accompanying supporting data or
both are incomplete;
(2) hov the application or accompanying supporting data or _
both may be modified to make the• acceptable or
complete; ,.-----
(3) that the 90 day processing period required in G.S. 143-
215-1 and Regulation .0209 of this Section begins upon
receipt of corrected or complete application or
accompanying supporting data or both;
(4) that, if acceptable or complete plans are not
resubmitted vithin 60 days, the application packet vill
be returned to the applicant as "incomplete."
(c) rn addition to the determination in Subdivision (a) of
this Regulation, the staff shall determine for sewer system
construction or sever system extensions, vhether the treatment
vorks or the sewer system to vbich the new system vill connect is
adequate to receive waste vhich vill be discharged to the nev
system.
(d) Coordination With the Ground Water Section
(ll Upon receipt of applications and supporting data, the
staff vill forvard copies to the appropriate field
office representative of the ground vater section for
comment.
(2) For disposal syste111s or treatment vorks, the staff
shall conduct an on-site evaluation jointly with the
ground vater section of the division of resource
planning and evaluation, Department of Natural and
Economic Resources.
(3) The staff will consider the comments of the ground
vater section in deciding:
(A) whether the application and supporting information
is adequate,
(B) whether to issue or deny the permit application,
or
(C) on conditions to include in the permit.
(e) If the staff recommends issuance of the permit, the staff
shall prepare the permit and letter of transmittal for the
director's signature. The permit shall contain terms and
conditions necessary to achieve the purposes of Article 21,
Chapter 1q3 of the N.c. General Statutes.
(f) If the staff recommends denial of the permit application,
the staff shall prepare an appropriate letter of denial for the
director's action and signature. Preparation of a letter of
denial shall be deemed to be the staff's recommendation for
denial. such a letter shall state the reason or reasons for
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denial· and measures which the applicant may take to make the
application approvable.
History Note: Statutory Authority G.S. 143-215.3 (a) (I);
143-215. I (b); 143-215-1 (d); 143-215.3(a) (4);
Eff. February I, 1976 •
• 0209 FINAL ACTION ON PERMIT APPLICATIONS
(a) The director shall take final action on all applications
not later than 90 days following receipt of an adequate
application and required supporting documents. All permits or
renewals of permits and decisions denying permits or renewals
shall be in writing.
(b) The director is authorized to:
(I) issue a permit containing such conditions as are
necessary to effectuate the purposes of Article 21,
Chapter 143, N.C. General statutes;
(2) issue 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 Regulation .0212(a)
of this Section;
(4) suspend a permit pursuant to Regulation .0212(a) of
this Section;
(5) deny a permit application:
(A) where necessary to effectuate the purposes of
Article 21, Chapter 143;
(B) where necessary to effectuate the purposes of
N.C.G.S. 143-215.67;
(C) where necessary to effectuate commission
regulations on coastal waste treatment, disposal,
found in section .0400 of this Subchapter;
(D) where necessary to effectuate commission
regulations on "septic tank systems,n found in
Section .0300 of this ~ubchapter.
(c) The director shall submit to the commission at its regular
meetings a report which contains the action taken with respect to
any permit application since the last commission meeting.
(d) Permits shall be issued or renewed for a period of time
deemed reasonable by the director.
History Note: Statutory Authority G.S. 143-215.3(a) (I);
143-215-l(a); 143-215-l(b); 143-215.t(d);
Eff. February I, 1976.
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.0210. NOTIFICATION OF APPLICANTS
The director shall notify an applicant by mail of the einal
decision on his permit application,• Notification of denial 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: Statutory Authority G.S. 143-215.l(a);
143-215.3 (a) (4);
Eff. February I, 1976 •
• 021 I PEBKIT RENEWALS
Requests for permit renewals are to be submitted to the
director six months prior to expiration unless· revoked in
accordance with Regulation .0209 (b) (3) of this section.
History Note: Statutory Authority G.S. t43-2t5.3(a) (I);
Eff. February I, 1976 •
• 0212 ADHINISTRATIVE HEABINGS
An applicant ~hose permit is denied, or is granted subject to
conditions he deems unacceptable, shall have the right to an
adjudicatory hearing upon giving written notice, identifying the
specific issue to be contended, to the director within 30 days
following notice of final decision to deny or grant the permit.
Onless such notice is given, the decision on the application
shall be final and binding. &dministrative hearings shall be
conducted in accordance with the procedure set forth in
Subchapter 21, Hearings, of this Title.
History Note: Statutory Authority G.S. 143-2t5.3(a) (I);
I 43-215.4; 1113-:;I 5. I {e):
Eff. February I, 1976 •
• 02J3 HODIFICATION, REVOCATION, AND SUSPENSION OF PERKITS
Any permit issued pursuant to these regulations is subject to
revocation, suspension or modification in whole or part for good
cause including but not limited to:
(II violation of any terms or conditions of the permit;
(2) obtaining a permit by misrepresentation or failure to
disclose fully all relevant facts;
(3) refusal of the permittee to permit authorized employees of
the Department of Natural and Economic Resources upon
presentation of credentials:
(a) to enter upon permittee•s premises on which a system is
located in which any records are required to be kept
under terms and conditions of the permit,
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(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.
History Note: Statutory -Authority G.S. 143-215.3(il)"(I);
143-21 5.1 (b) (2);
Eff. February I, 1976 •
• 0214 INVESTIGATIONS, MONITORING AND REPORTING
(a) Employees of the Department of Natural and Economic
Resources are authorized to conduct any investigations as
provided in G.S. 143-2! 5.3 (a) (2), (7), and (9) for the purpose of
determining compliance vith · water quality standards, effluent
limitations, permit conditions and any duly adopted regulations
of the commission.
(b) Any person subject to the provisions of G.S. 143-215-1
shall comply with the monitoring and reporting requirements as
may be included as a condition of the permit.
History Note: Statutory Authority G.S. 143-215.J(a);
143-215.f(b);
Eff. February I, 1976 •
• 0215 DELEGATION OF AUTHORITY
The director is authorized to delegate processing of permit
applications and issuance of permits to Chief, Water Quality
Section, or to Head, Field Services Branch, Water Quality Section
or to water quality regional engineers as he determines
appropriate.
History Note: Statutory Authority G.S. 143-215.3 (a) (I);
143-215.J(a) (4);
Eff. February I, 1976 •
• 0216 LIMITATION ON DELEGATION
The director is authorized to delegate any or all of the
functions contained in these regulations except the following:
(I) denial of a permit application,
(2) suspension of a permit,
{3) revocation of a permit,
(4) modification of a permit.
History Note: Statutory Authority G.S. 1113-215.3 (a) (I);
I 43-215.9 (d); I qJ-215.3 (a) (4);
Eff. February I, 1976.
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• 0217 POLICY
Treatment works and disposal systems not discharging to surface
waters and serving facilities raising and feeding animals and
treatment works and disposal systems in the form of solid waste
disposal sites approved in accordance vith regulations of the
commission for health services are deemed to be permitted
pursuant to G. s. I 4 3-21 5.-J (ti). It."shall not be necessary for the
commission or the division to issue a permit for such vorks and
systems. The commission in its discretion may at any time
rescind this policy and require individual permits for such works
and systems. Nothing in this policy shall be deemed to allow the
violation of any assigned vater quality standard and in addition
any such violation shall be considered a violation of a condition
of a permit. Further, nothing in this policy shall be deemed to
apply to or permit activities for vhich a state/NPDES permit is
otherwise required. The term NPDES means National Pollutant
Discharge Elimination system.
History Note: statutory Authority G.S. 143-2!5.3(a)(I);
143-215-l(a), (d);
Eff. February I, (976.
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