<div class="chunk-title">Sec. 78-64. - Wastewater discharge permit application and issuance.</div>
<div class="chunk-content">
            <p class="incr0">
               1.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Wastewater dischargers.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               It shall be unlawful for any person to connect or discharge to the POTW without first
               obtaining the permission of WSACC. Any user proposing to discharge any industrial
               waste to the POTW or who is now doing so must make application to WSACC for a wastewater
               discharge permit.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               Any industrial user proposing to change the volume or characteristics of an existing
               discharge shall request from WSACC a determination as to whether or not a new application
               should be filed and shall provide sufficient information on the proposed change to
               enable WSACC to determine the need for a new application. If the proposed change requires
               a revision in a current SIU or local permit or requires a different type of permit
               be issued, the user shall apply to WSACC for an appropriate wastewater discharge permit
               within 45 days of the notification.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               When requested by the executive director, a user must submit information on the nature
               and characteristics of its wastewater within 30 days of the request. The executive
               director is authorized to prepare a form for this purpose and may periodically require
               users to update this information.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               Any person discharging or proposing to discharge wastewater into the POTW shall be
               responsible at all times for determining the volume and characteristics of its existing
               or proposed discharge.
               
            </p>
            		
            <p class="incr0">
               2.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Wastewater discharge permit requirements.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="incr_ml2">
               (1)
               
            </p>
            		
            <p class="content3">
               All persons meeting one or more of the requirements of an SIU of this ordinance shall
               obtain an industrial user pretreatment permit prior to the commencement of construction
               or operations which will result in a discharge to the POTW. Existing industrial users
               who are determined by the executive director to be SIUs shall obtain an industrial
               user pretreatment permit within 180 days of receiving notification of the executive
               director's determination.
               
            </p>
            		
            <p class="b2">
               For purposes of this definition, construction or operation has commenced if the owner
               or operator has:
               
               <p class="incr3">
                  (i)
                  
               </p>
               		
               <p class="content4">
                  Begun, or caused to begin as part of a continuous on-site construction program:
                  
               </p>
               		
               <p class="incr4">
                  (A)
                  
               </p>
               		
               <p class="content5">
                  Any placement, assembly, or installation of facilities or equipment; or
                  
               </p>
               		
               <p class="incr4">
                  (B)
                  
               </p>
               		
               <p class="content5">
                  Significant site preparation work including clearing, excavation, or removal of existing
                  buildings, structures, or facilities which is necessary for the replacement, assembly,
                  or installation of new source facilities or equipment; or
                  
               </p>
               		
               
               <p class="incr3">
                  (ii)
                  
               </p>
               		
               <p class="content4">
                  Entered into a binding contractual obligation for the purchase of facilities or equipment
                  which is intended to be used in its operation within a reasonable time. Options to
                  purchase or contracts which can be terminated or modified without substantial obligation
                  under this definition in accordance with that section with the provisions as stated
                  in 40 CFR 403.3.(K).
                  
               </p>
               		
               
            
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Users who do not fit the SIU criteria may at the discretion of the executive director
               be required to obtain a local pretreatment permit as necessary to carry out the purposes
               of this article.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               Any violation of the terms and/or conditions of a wastewater discharge permit shall
               be deemed a violation of this article. Obtaining a wastewater discharge permit does
               not relieve a permittee of the continuing obligation to comply with all federal and
               state pretreatment standards and/or requirements or with any other requirements of
               federal, state and local law.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Significant industrial user determination.</span> 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 executive director a significant industrial user determination.
               If the executive director determines or suspects that the proposed discharge fits
               the significant industrial user criteria he will require that a significant industrial
               user permit application be filed.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Industrial user wastewater survey and permit application.</span> Users required to obtain an industrial user pretreatment permit shall complete and
               file with the executive director an application in the form prescribed by the executive
               director, and accompanied by the applicable fee in the amount prescribed in the schedule
               of charges and fees. SIUs shall apply for a permit within 90 days after notification
               of the executive director's determination in section 78-64.2(a) above. In support
               of this application, the user shall submit, in units and terms appropriate for evaluation,
               the following information;
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Name, address, location, (if different from the address);
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Volume of wastewater to be discharged on a daily basis and over a specified timeframe;
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               Standard industrial classification (SIC) codes for pretreatment, the industry as a
               whole, and any processes for which categorical pretreatment standards have been promulgated;
               
            </p>
            		
            <p class="incr2">
               (4)
               
            </p>
            		
            <p class="content3">
               Analytical data on wastewater constituents and characteristics including, but not
               limited to, those set forth in<a href="" data-chunk-id="PTIICOOR_CH78UT_ARTIIISEUS_S78-62GESEUSRE" class="section-link" data-product-id="12658"> section 78-62</a> of this article, any of the priority pollutants (Section 307(a) of the Act) which
               the applicant knows or suspects are present in the discharge as determined by a reliable
               analytical laboratory, and any other pollutant of concern to the POTW; sampling and
               analysis shall be performed in accordance with procedures established by the EPA pursuant
               to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended and as
               required in section 78-65.10 and 78-65.11;
               
            </p>
            		
            <p class="incr2">
               (5)
               
            </p>
            		
            <p class="content3">
               Time and duration of the indirect discharge;
               
            </p>
            		
            <p class="incr2">
               (6)
               
            </p>
            		
            <p class="content3">
               Average daily and 30 minute peak wastewater flow rates, including daily, monthly and
               seasonal variations, if any;
               
            </p>
            		
            <p class="incr2">
               (7)
               
            </p>
            		
            <p class="content3">
               Description of all pretreatment facilities, existing and proposed;
               
            </p>
            		
            <p class="incr2">
               (8)
               
            </p>
            		
            <p class="content3">
               Site plans, floor plans, mechanical and plumbing plans and details to show all sewers,
               floor drains, sewer connections, direction of flow and appurtenances by size, location
               and elevation;
               
            </p>
            		
            <p class="incr2">
               (9)
               
            </p>
            		
            <p class="content3">
               Description of activities, facilities and plant processes on the premises including
               all materials which are or could be accidentally or intentionally discharged;
               
            </p>
            		
            <p class="incr2">
               (10)
               
            </p>
            		
            <p class="content3">
               List of all hazardous or toxic chemicals used in plant processes including information
               concerning handling, storage and potential for aqueous contact;
               
            </p>
            		
            <p class="incr2">
               (11)
               
            </p>
            		
            <p class="content3">
               Number of employees and hours of operation of plant proposed or actual hours of operation
               of pretreatment system;
               
            </p>
            		
            <p class="incr2">
               (12)
               
            </p>
            		
            <p class="content3">
               Where known, the nature and concentration of any pollutants in the discharge which
               are limited by WSACC, state or federal pretreatment standards, and a statement regarding
               whether or not the pretreatment standards are being met on a consistent basis and
               if not, whether additional operation and maintenance (O&amp;M) and/or additional pretreatment
               is required for the user to meet applicable pretreatment standards;
               
            </p>
            		
            <p class="incr2">
               (13)
               
            </p>
            		
            <p class="content3">
               If additional pretreatment and/or O&amp;M will be required to meet the pretreatment standards;
               the shortest schedule by which the user will provide such additional pretreatment.
               The completion date in this schedule shall not be longer than the compliance date
               established for the applicable pretreatment standard. The following conditions apply
               to this schedule:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               The schedule shall contain progress increments in the form of dates for the commencement
               and completion of major events leading to the construction and operation of additional
               pretreatment required for the user to meet the applicable pretreatment standards.
               No increment in the schedule shall exceed nine months.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               No later than 14 days following each date in the schedule and the final date for compliance,
               the user shall submit a progress report to WSACC including, as a minimum, whether
               or not it complied with the increment of progress, the reason for any delay, and if
               appropriate, the steps being taken by the user to return to the established schedule.
               In no event shall more than nine months elapse between such progress reports to WSACC.
               
            </p>
            		
            <p class="incr2">
               (14)
               
            </p>
            		
            <p class="content3">
               Each product produced by type, amount, process or processes and rate of production;
               
            </p>
            		
            <p class="incr2">
               (15)
               
            </p>
            		
            <p class="content3">
               Type and amount of any materials processed (average and maximum per day);
               
            </p>
            		
            <p class="incr2">
               (16)
               
            </p>
            		
            <p class="content3">
               If subject to a categorical standard, a base line monitoring report in accordance
               with 40 CFR 403.12(b) and 15A NCAC 2H.0908(a), as outlined in section 78-65.1 of this
               article;
               
            </p>
            		
            <p class="incr2">
               (17)
               
            </p>
            		
            <p class="content3">
               Description of current and projected waste reduction activities in accordance with
               G.S. 143-215.1(g);
               
            </p>
            		
            <p class="incr2">
               (18)
               
            </p>
            		
            <p class="content3">
               Any other information as may be deemed by WSACC to be necessary to evaluate the permit
               application.
               
            </p>
            		
            <p class="incr1">
               (d)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Application signatories and certification.</span> All wastewater discharge permit applications and user reports must be signed by the
               current authorized representative of the user on file with the control authority and/or
               municipality as defined in section 78-61.2(a)(3) and contain the following certification
               statement:
               
            </p>
            		
            <p class="b2">
               "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 an authorized representative
               of the user and am authorized to execute this certification on behalf of the user.
               I am aware that there are significant penalties for submitting false information,
               including the possibility of fine and imprisonment for knowing violations."
               
            </p>
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Application review and evaluation.</span> The executive director will evaluate the data furnished by the user and may require
               additional information.
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director is authorized to accept applications for WSACC and shall refer
               all applications to WSACC staff for review and evaluation.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Within 45 days of receipt of the application, the executive director shall acknowledge
               and accept the complete application; or if not complete, shall return the application
               to the applicant with a statement of what additional information is required.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               The executive director may deny any incomplete application for a wastewater discharge
               permit if the applicant fails to submit all required information within the time specified
               by WSACC.
               
            </p>
            		
            <p class="incr0">
               3.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Wastewater discharge permit issuance and conditions.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Tentative determination and draft permit.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               WSACC staff shall conduct a review of the application and an on-site inspection of
               the SIU, including any pretreatment facilities, and shall prepare a written evaluation
               and tentative determination to issue or deny the wastewater discharge permit.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               If WSACC staffs tentative determination is to issue the permit, the following additional
               determinations shall be made in writing:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Proposed discharge limitations for those pollutants to be limited;
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Monitoring requirements for pollutants which are suspected to be present but which
               are not proposed to be limited at the time the permit is issued. After issuance, the
               permit may be modified pursuant to section 78-64.4(b) to impose limits on one or more
               of such pollutants.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Where applicable, a proposed schedule of compliance, including interim dates and requirements,
               for meeting the proposed limitations to include, but not be limited to, installation
               of a new monitoring point and/or flow measuring equipment; and
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               A brief description of any other proposed special conditions which will have significant
               impact upon the discharge described in the application.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               WSACC staff shall organize the determinations made pursuant to paragraphs (1) and
               (2) above and WSACC's general permit conditions into a wastewater discharge permit.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Permit supporting documentation.</span> The control authority staff shall prepare the following documents for all significant
               industrial user permits.
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               An allocation table (AT) listing permit information for all significant industrial
               users, including, but not limited to, permit limits, permit effective and expiation
               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 format 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.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               The basis, or rationale, for the pretreatment limitations, including the following:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Documentation of categorical determination, including documentation of any calculations
               used in applying categorical pretreatment standards; and
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Documentation of the rationale of any parameters for which monitoring has been waived
               under 40 CFR Part 403.12(e)(2).
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Final action on wastewater discharge permit applications.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director shall take final action on all applications not later than
               90 days following receipt of a complete application.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               The executive director is authorized to:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Issue wastewater discharge permit containing such conditions as are necessary to effectuate
               the purposes of this article and G.S. 143-215.1;
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Issue a wastewater discharge permit containing time schedules for achieving compliance
               with applicable pretreatment standards and requirements;
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Modify any permit upon not less than 60 days' notice and pursuant to section 78-64.4(b)
               of this article;
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               Revoke or suspend a permit pursuant to section 78-68.1 of this article;
               
            </p>
            		
            <p class="incr3">
               (v)
               
            </p>
            		
            <p class="content4">
               Deny a permit application when in the opinion of the executive director such discharge
               may cause or contribute to pass through or interference of or where necessary to effectuate
               the purposes of G.S. 143-215.1; and
               
            </p>
            		
            <p class="incr3">
               (vi)
               
            </p>
            		
            <p class="content4">
               Determine, based on the application, that the applicant is not an SIU.
               
            </p>
            		
            <p class="incr1">
               (d)<span class="ital"></span>
               
            </p>
            		
            <p class="content2">
               <span class="ital">Permit conditions.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director or designee shall have the authority to grant a permit with
               such conditions attached as he believes necessary to achieve the purpose of this article
               and G.S. 143-215.1. Wastewater discharge permits shall contain, but are not limited
               to, the following:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               A statement of duration (in no case more than five years);
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               A statement of non-transferability;
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Applicable effluent limits based on categorical standards or local limits or both;
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               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.
               
            </p>
            		
            <p class="incr3">
               (v)
               
            </p>
            		
            <p class="content4">
               Requirements for notifying the POTW in the event of an accidental discharge or slug
               load as defined in section 78-61.2(a)(55);
               
            </p>
            		
            <p class="incr3">
               (vi)
               
            </p>
            		
            <p class="content4">
               Requirements to implement a plan or other controls for prevention of accidental discharges
               and/or slug loads as defined in section 78-61.2(a)(55), if determined by the executive
               director to be necessary for the user;
               
            </p>
            		
            <p class="incr3">
               (vii)
               
            </p>
            		
            <p class="content4">
               Requirements for immediately notifying the POTW of any changes at its facility affecting
               the potential for spills and other accidental discharges, or slug load as defined
               in section 78-61.2(a)(55). Also see sections 78-65.5 and 78-65.6; and
               
            </p>
            		
            <p class="incr3">
               (viii)
               
            </p>
            		
            <p class="content4">
               A statement of applicable civil and/or criminal penalties for violation of pretreatment
               standards and requirements and any applicable compliance schedule.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               In addition, permits may contain, but are not limited to, the following:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Limits on the average and/or maximum rate and time of discharge, and/or requirements
               for flow regulation and equalization.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Limits on the instantaneous, daily and/or monthly average and/or maximum concentration,
               mass, or other measure of identified wastewater pollutants or properties.
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               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 wastewater treatment system.
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               Development and implementation of waste minimization plans to reduce the amount of
               pollutants discharged to the wastewater treatment system.
               
            </p>
            		
            <p class="incr3">
               (v)
               
            </p>
            		
            <p class="content4">
               The unit charge or schedule of user charges and fees for the management of the wastewater
               discharged to the system.
               
            </p>
            		
            <p class="incr3">
               (vi)
               
            </p>
            		
            <p class="content4">
               Requirements for installation and maintenance of inspection and sampling facilities
               and equipment.
               
            </p>
            		
            <p class="incr3">
               (vii)
               
            </p>
            		
            <p class="content4">
               Specifications for monitoring programs which may include sampling locations, frequency
               of sampling, number, types, and standards for tests, and reporting schedules.
               
            </p>
            		
            <p class="incr3">
               (viii)
               
            </p>
            		
            <p class="content4">
               Requirements for immediate reporting of any instance of noncompliance and for automatic
               resampling and reporting within 30 days where self-monitoring indicates a violation(s).
               
            </p>
            		
            <p class="incr3">
               (ix)
               
            </p>
            		
            <p class="content4">
               Compliance schedules for meeting pretreatment standards and requirements.
               
            </p>
            		
            <p class="incr3">
               (x)
               
            </p>
            		
            <p class="content4">
               Requirements for submission of periodic self-monitoring or special notification reports.
               
            </p>
            		
            <p class="incr3">
               (xi)
               
            </p>
            		
            <p class="content4">
               Requirements for maintaining and retaining plans and records relating to wastewater
               discharges as specified in section 78-65.13 and affording the executive director,
               or his designee, access thereto.
               
            </p>
            		
            <p class="incr3">
               (xii)
               
            </p>
            		
            <p class="content4">
               Requirements for prior notification and approval by the executive 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.
               
            </p>
            		
            <p class="incr3">
               (xiii)
               
            </p>
            		
            <p class="content4">
               Requirements for the prior notification and approval by the executive director of
               any change in the manufacturing and/or pretreatment process used by the permittee.
               
            </p>
            		
            <p class="incr3">
               (xiv)
               
            </p>
            		
            <p class="content4">
               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.
               
            </p>
            		
            <p class="incr3">
               (xv)
               
            </p>
            		
            <p class="content4">
               Other conditions as deemed appropriate by the executive director to ensure compliance
               with this article, and state and federal laws, rules, and regulations.
               
            </p>
            		
            <p class="incr1">
               (e)
               
            </p>
            		
            <p class="content2">
               <span class="ital">General and limited conditions.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               The executive director is authorized to establish one or more general conditions for
               inclusion in all wastewater discharge permits. In addition, the executive director
               is authorized to designate one or more classes of users and may establish one or more
               limited conditions for inclusion in all wastewater discharge permits issued to users
               in a designated class.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               In designating a class, the executive director shall identify one or more common factors
               characterizing the members of such class and determine that at least five permitted
               users satisfy all of such factors. Before a condition established or class designated
               pursuant to this subsection may take effect, written notice of such condition or class
               shall be given to all users holding a permit at the time that such condition or class
               is proposed and such users shall be allowed at least 30 days within which to submit
               written comments to the executive director. Thereafter, the executive director may
               make such condition or class effective without modification or may modify such condition
               or class without further notice to any person.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               For each condition established pursuant to this subsection, the executive director
               shall determine the effective date thereof. From and after the effective date of each
               condition established pursuant to this subsection, every wastewater discharge permit
               which is issued, renewed, amended, or otherwise modified shall contain: every general
               condition which remains in effect; and for each user in one or more classes designated
               pursuant to this subsection, every applicable limited condition.
               
            </p>
            		
            <p class="incr0">
               4.
               
            </p>
            		
            <p class="content1">
               <span class="ital">Permit duration, modification, transfer, reissuance.</span>
               
            </p>
            		
            <p class="incr1">
               (a)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Permits duration.</span> Permits shall be issued for a specified time period not to exceed five years. A permit
               may be issued for a period less than one year or may be stated to expire on a specific
               date.
               
            </p>
            		
            <p class="incr1">
               (b)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Permit modification.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Modifications of permits shall be subject to the same procedural requirements as the
               issuance of permits except as listed below. Any changes or new conditions in the permit
               shall include a reasonable time schedule for compliance.
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               Changes in the ownership of the discharge when no other change in the permit is indicated;
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               A single modification of any compliance schedule not in excess of four months;
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               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;
               
            </p>
            		
            <p class="incr3">
               (iv)
               
            </p>
            		
            <p class="content4">
               Modifications of the monitoring program contained in the permit;
               
            </p>
            		
            <p class="incr3">
               (v)
               
            </p>
            		
            <p class="content4">
               To incorporate any new or revised federal, state or local pretreatment standards or
               requirements;
               
            </p>
            		
            <p class="incr3">
               (vi)
               
            </p>
            		
            <p class="content4">
               To address significant alterations or additions to the user's operation, processes,
               or wastewater volume or character since the time of wastewater discharge permit issuance;
               
            </p>
            		
            <p class="incr3">
               (vii)
               
            </p>
            		
            <p class="content4">
               A change in the POTW that requires either a temporary or permanent reduction or elimination
               of the authorized discharge;
               
            </p>
            		
            <p class="incr3">
               (viii)
               
            </p>
            		
            <p class="content4">
               Information indicating that the permitted discharge poses a threat to the POTW, the
               POTW personnel, or the receiving waters;
               
            </p>
            		
            <p class="incr3">
               (ix)
               
            </p>
            		
            <p class="content4">
               Violation of any terms or conditions of the wastewater discharge permit;
               
            </p>
            		
            <p class="incr3">
               (x)
               
            </p>
            		
            <p class="content4">
               Misrepresentations or failure to fully disclose all relevant facts in the wastewater
               discharge permit application or in any required reporting;
               
            </p>
            		
            <p class="incr3">
               (xi)
               
            </p>
            		
            <p class="content4">
               Revision or a grant of variance from categorical pretreatment standards pursuant to
               40 CFR 403.13;
               
            </p>
            		
            <p class="incr3">
               (xii)
               
            </p>
            		
            <p class="content4">
               To correct typographical or other errors in the wastewater discharge permit; or
               
            </p>
            		
            <p class="incr3">
               (xiii)
               
            </p>
            		
            <p class="content4">
               To reflect a transfer of the facility ownership or operation to a new owner or operator.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Within nine months of the promulgation of a national categorical pretreatment standard,
               the wastewater discharge permit of users subject to such standards shall be revised
               to require compliance with such standard within the time frame prescribed by such
               standard. Where a user, subject to a national categorical pretreatment standard, has
               not previously submitted an application for a wastewater discharge permit or does
               not currently have an SIU permit, as required by section 78-64.2(b), the user shall
               apply within 180 days after the promulgation of such standard.
               
            </p>
            		
            <p class="incr2">
               (3)
               
            </p>
            		
            <p class="content3">
               A request for a modification by the permittee shall constitute a waiver of the 60-day
               notice required by G.S. 143-215.1(b) for modifications.
               
            </p>
            		
            <p class="incr1">
               (c)
               
            </p>
            		
            <p class="content2">
               <span class="ital">Permit transfer.</span>
               
            </p>
            		
            <p class="incr2">
               (1)
               
            </p>
            		
            <p class="content3">
               Wastewater discharge permits are issued to a specific user for a specific operation.
               A permittee may not assign, transfer, or sell a permit, or any right or obligation
               in a permit, to another user or person.
               
            </p>
            		
            <p class="incr2">
               (2)
               
            </p>
            		
            <p class="content3">
               Wastewater discharge permits may be transferred to a new owner or operator only if
               the permittee requests of WSACC a transfer at least 60 days in advance of the proposed
               transfer and WSACC approves the wastewater discharge permit transfer. Within five
               business days of the date of facility transfer, authorized representatives of the
               permittee and the new owner or operator must give joint, written notice to WSACC of
               the date of transfer. If the transfer has been approved, WSACC shall take such steps
               as are necessary to document the transfer of the permit. The request to WSACC to transfer
               the permit must include a written certification in a form satisfactory to the executive
               director by the new owner or operator which:
               
            </p>
            		
            <p class="incr3">
               (i)
               
            </p>
            		
            <p class="content4">
               States that without prior notification to and approval by WSACC, the new owner and/or
               operator agrees not to make any change or expansion in the manufacturing/production
               and/or pretreatment process used by the permittee, which has potential to impact the
               characteristics or volume of the discharge or the manner in which the discharge is
               regulated.
               
            </p>
            		
            <p class="incr3">
               (ii)
               
            </p>
            		
            <p class="content4">
               Identifies the specific date on which the proposed transfer is to occur; and
               
            </p>
            		
            <p class="incr3">
               (iii)
               
            </p>
            		
            <p class="content4">
               Acknowledges and accepts full responsibility for complying with all terms and provisions
               of the wastewater discharge permit to be transferred. Failure to comply fully with
               the provisions of this article renders the wastewater discharge permit void as of
               the date of facility transfer.
               
            </p>
            		
            <p class="incr2">
               (d)
               
            </p>
            		
            <p class="content3">
               <span class="ital">Permit reissuance.</span> A SIU shall apply for permit reissuance by submitting a complete permit application
               in accordance with section 78-64.2 a minimum of 180 days prior to the expiration of
               the existing permit.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 4, 8-19-13)
               
            </p></div>