SUBCHAPTER 2H ? PROCEDURES FOR PERMITS: APPROVALS ...

SUBCHAPTER 2H - PROCEDURES FOR PERMITS: APPROVALS SECTION .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS 15A NCAC 02H .0101 PURPOSE
(a) These Rules implement G.S. 143-215.1 which requires permits for
control of sources of water pollution by providing the requirements and
procedures for application and issuance of state NPDES permits for a
discharge from an outlet, point source, or disposal system discharging to
the surface waters of the state, and for the construction, entering a
contract for construction, and operation of treatment works with such a
discharge (see Section .0200 of this Subchapter regarding permits for
disposal systems not discharging to the surface waters of the state).
These Rules also contain the requirements and procedures for issuance of
state permits for pretreatment facilities. (See Section .0900 of this
Subchapter for rules for permits issued by local pretreatment programs).
(b) Rules and Statutes referenced in this Section may be obtained by
writing or visiting the Division of Environmental Management, Water Quality
Section's offices at the following locations:
- Permits and Engineering Unit, Archdale Building
P.O. Box 29535, 512 N. Salisbury St.,
Raleigh, N.C. 27626-0535
- Raleigh Regional Office
3800 Barrett Dr.,
Raleigh, N.C. 27611
- Asheville Regional Office
59 Woodfin Pl.,
Asheville, N.C. 28802
- Mooresville Regional Office
919 N. Main St.,
Mooresville, N.C. 28115
- Fayetteville Regional Office
Wachovia Bldg. Suite 714,
Fayetteville, N.C. 28301
- Washington Regional Office
1424 Carolina Avenue,
Washington, N.C. 27889
- Wilmington Regional Office
127 Cardinal Drive Extension,
Wilmington, N.C. 28405-3845
- Winston-Salem Regional Office
8025 North Point Blvd.,
Winston-Salem, N.C. 27106 History Note: Authority G.S. 143-215.3(a)(1); 143-215.1;
Eff. February 1, 1976;
Amended Eff. August 3, 1992; August 1, 1988; October 1, 1987; December 1,
1984. 15A NCAC 02H .0102 SCOPE
These Rules apply to all persons:
(1) discharging or proposing to discharge waste to the surface waters of
the state; or
(2) constructing or proposing to construct a treatment or pretreatment
works with a discharge as described in Part (1) or (2) of this Rule; or
(3) operate or propose to operate a treatment works with a discharge as
described in Part (1) or (2) of this Rule; or
(4) discharging or proposing to discharge stormwater which results in
water pollution.
This Rule does not apply to those persons who have obtained a permit from a
local pretreatment control authority, authorized to issue such permits, and
whose pretreatment program was approved in accordance with Section .0900 of
this Subchapter. History Note: Authority G.S. 143-215.3(a)(1); 143-215.1; 143-
215.3(a)(14);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1, 1987; December 1, 1984. 15A NCAC 02H .0103 DEFINITION OF TERMS
The terms used in this Section shall be as defined in G.S. 143-213 and as
follows:
(1) "Authorization to Construct" means a permit required for the
construction of water pollution control facilities necessary to comply with
the terms and conditions of an NPDES permit.
(2) "Certificate of Coverage" means the approval given dischargers that
meet the requirements of coverage under a general permit.
(3) "Commission" means the Environmental Management Commission.
(4) "Committee" means the NPDES committee of the Environmental Management
Commission.
(5) "Decontamination" means the physical or chemical process of reducing
contamination and preventing the spread of contamination from persons and
equipment at biological or chemical agent incidents.
(6) "Department" means the Department of Environment and Natural
Resources.
(7) "Director" means the Director of the Division of Water Quality,
Department of Environment and Natural Resources or his designee.
(8) "Discharges associated with biological or chemical decontamination"
means the wastewater that is produced during activities intended to reduce
potential biological or chemical contaminants and that are performed under
the specific conditions listed in 15A NCAC 02H .0106(f)(11).
(9) "Division" means the Division of Water Quality, Department of
Environment and Natural Resources.
(10) "EPA" means the United States Environmental Protection Agency.
(11) "Existing", with respect to implementing the NPDES permitting
program, means:
(a) Facilities which physically exist and have been legally constructed,
i.e., health department or other agency approval or constructed prior to
any regulatory requirements.
(b) Facilities which have received an NPDES Permit and have received an
Authorization to Construct and have constructed or begun significant
construction of any wastewater treatment facilities within the term of the
current permit.
(c) Facilities which have received a phased NPDES Permit and have
received an Authorization to Construct for a phase of the permitted flow
and have constructed or begun significant construction of the phased
wastewater treatment facilities.
For the purpose of this definition, significant construction
shall be considered as more than a token or nominal investment
of money or other resources in the actual construction of the
wastewater treatment facility, based on the facility size,
complexity, cost and the required construction time for
completion.
(12) "General Permit" means a "permit" issued under G.S. 143-215.1(b)(3)
and (4) and 40 CFR 122.28 authorizing a category of similar discharges to
surface waters.
(13) "Mine dewatering" means discharges of uncontaminated infiltrate and
stormwater from mine excavation and the water that is removed to lower the
water table to allow mining in an area.
(14) "Municipality" means a city, town, borough, county, parish, district,
or other public body created by or under State law.
(15) "NPDES Permit" means a National Pollutant Discharge Elimination
System permit required for the operation of point source discharges in
accordance with the requirements of Section 402 of the Federal Water
Pollution Control Act, 33 U.S.C. Section 1251 et seq.
(16) "New", with respect to implementing the NPDES permitting program,
means:
(a) Proposed facilities that do not have a NPDES Permit nor have any
facilities constructed.
(b) Facilities which physically exist, however are illegally constructed,
i.e., no required agency approvals.
(c) Facilities which have received an NPDES Permit and have received an
Authorization to Construct but have not begun significant construction of
any wastewater treatment facilities within the term of the current permit.
Any increases in treatment plant hydraulic capacity, which has
not received an Authorization to Construct shall be considered
new and new effluent limitations and other requirements, if
applicable, would be imposed for the entire facility.
For the purpose of this definition, significant construction
shall be considered as more than a token or nominal investment
of money or other resources in the actual construction of the
wastewater treatment facility, based on the facility size,
complexity, cost and the required construction time for
completion.
(17) "New Source" means any industrial installation, from which there may
be a discharge, the construction or modification of which is commenced on
or after the date of publication of new source performance standards or
pretreatment standards for new sources by the Environmental Protection
Agency.
(18) "New Source Performance Standards" means those standards of
performance applied to industrial discharges defined as new sources.
(19) "Notice of Intent" means formal written notification to the Division
that a discharge, facility or activity is intended to be covered by a
general permit and takes the place of "application" used with individual
permits.
(20) "Oil terminal storage facilities" means petroleum bulk storage,
product transfer, loading, unloading, and related areas but does not
include marinas or facilities primarily engaged in the retail sale of
petroleum products. Oil/water separators such as those at maintenance
garages, gas stations, and National Guard and military reserve facilities
are included in this definition.
(21) "Once-through non-contact cooling water" means water taken from
wells, surface waters, or water supply systems and used in a non-contact
cooling system without the addition of biocides or other chemical
additives. Boiler blowdown waters are included in this definition.
Nuclear and fossil fuel electric generating plants are not included in this
definition.
(22) "Point Source Discharge" means any discernible, confined, and
discrete conveyance, including, but specifically not limited to, any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, or concentrated animal-feeding operation from which wastes are or
may be discharged to the surface waters of the State.
(23) "POTW" means Publicly Owned Treatment Works.
(24) "Pretreatment standard" means any regulation containing pollutant
discharge limits for indirect dischargers for ensuring compliance with
Section 307(b) and (c) of the Clean Water Act, 33 U.S.C. Section 1251 et
seq. This term includes prohibited discharge li