North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0111 - CONDITIONS FOR ISSUING GENERAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  After issuance of a general permit by the Director pursuant to
				  G.S.
				  143-215.1(b), (c), or (d),
				  persons operating facilities described by the general permit may request
				  coverage under it. An operation that receives a "Certificate of Coverage" under
				  a general permit shall be permitted under the general permit for which the
				  coverage was issued. A Certificate of Coverage shall mean that approval is
				  given to facilities that meet the requirements of coverage under the general
				  permit. Persons operating facilities covered under general permits developed in
				  accordance with this Rule shall be subject to the same limits, conditions,
				  management practices, enforcement authorities, and rights and privileges
				  specified in the general permit.
(b) Upon development of a draft general
				  permit, the Director shall publicly notice an intent to issue the general
				  permit, pursuant to
				  G.S.
				  143-215.4(b)(1) and (2), at
				  least 30 days prior to final action. The notice shall provide the name,
				  address, and phone number of the Division, a brief description of the intended
				  action, and a brief description of the procedures for the formulation of final
				  determinations, including a 30-day comment period and other means by which
				  interested persons may comment upon the determinations.
(c) No provisions in any general permit
				  issued under this Rule shall be interpreted to allow the permittee to violate
				  state surface water standards, groundwater standards outside a Compliance
				  Boundary established in accordance with
				  15A NCAC
				  02L .0107, or other applicable environmental
				  Rules. Construction of new water supply wells for human consumption shall be
				  prohibited within Compliance Boundaries for facilities covered under general
				  permits issued pursuant to this Section. General permits issued pursuant to
				  this Rule shall be considered individual permits for purposes of Compliance
				  Boundaries established under
				  15A NCAC
				  02L .0107.
(d) To obtain a Certificate of Coverage, a
				  Notice of Intent to be covered by the general permit shall be given by the
				  applicant to the Division using Division-approved forms. Coverage pursuant to
				  the general permit shall be granted unless the Director makes a determination
				  under Paragraph (h) of this Rule that an individual permit is required. If all
				  requirements of Paragraph (h) are not met, an individual permit application and
				  full application review procedure shall be required.
(e) A general permit shall be effective for a
				  term not to exceed eight years, at the end of which the Division may renew it
				  pursuant to
				  G.S.
				  143-215.1. The Division shall satisfy public
				  notice requirements specified in Paragraph (b) of this Rule prior to renewal of
				  a general permit. If the Division does not renew a general permit, all
				  operations covered under that general permit shall be notified to submit
				  applications for individual permits.
(f) Anyone engaged in activities covered by
				  the general permit rules but not permitted in accordance with this Subchapter,
				  shall be in violation of
				  G.S.
				  143-215.1.
(g) Any individual covered or considering
				  coverage under a general permit may choose to pursue an individual permit for
				  any operation covered by this Rule.
(h) The Director may require any person,
				  otherwise eligible for coverage under a general permit, to apply for an
				  individual permit by notifying that person that an application is required.
				  Notification shall consist of a written description of the reason for the
				  decision, appropriate permit application forms and application instructions, a
				  statement establishing the required date for submission of the application, and
				  a statement informing the person that coverage by the general permit shall
				  automatically terminate upon issuance of the individual permit. Reasons for
				  requiring application for an individual permit shall include:
(1) the operation is a significant
				  contributor of pollutants to the waters of the State;
(2) conditions at the permitted site change,
				  altering the constituents or characteristics of the wastewater such that the
				  operation no longer qualifies for coverage under a general permit;
(3) noncompliance with the general
				  permit;
(4) noncompliance with the
				  rules in this Chapter;
(5) a change
				  has occurred in the availability of demonstrated technology or practices for
				  the control or abatement of pollutants applicable to the operation;
(6) a determination by the Division that
				  there has been or is the potential to have a direct discharge of wastewater or
				  residuals to waters of the State; or
(7) the system has been allowed to
				  deteriorate or leak such that it poses an immediate threat to the
				  environment.