North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0906 - SUBMISSION FOR PRETREATMENT PROGRAM APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Except where specified differently in any part of this Section, the regulations
				  regarding the contents of pretreatment programs submitted for approval and the
				  contents of a request to revise national categorical pretreatment standards,
				  promulgated by the EPA and codified as
				  40 CFR
				  403.9 are hereby incorporated by reference,
				  including any subsequent amendments and editions. A copy of the reference
				  material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
				  free of charge.
(b) In addition to
				  the contents of a control authority pretreatment program submission described
				  in Paragraph (a) of this Rule, the program submission shall contain:
(1) a sewer use ordinance (SUO) providing the
				  legal authority for implementing the pretreatment program, as required by
				  40 CFR
				  403.8(f)(1) and Rule .0905
				  of this Section, along with the attorney's statement. Where the control
				  authority accepts wastewater from one or more satellite POTWs and is the
				  control authority within the satellite POTW's service area, the attorney's
				  statement for that control authority shall document the interlocal agreements
				  (ILAs) authorized by
				  G.S.
				  153A-278 and
				  160A-460 and SUO sections that
				  establish the control authority's authority for regulation within all satellite
				  POTW services areas that are tributary to the control authority's POTW. Where a
				  satellite POTW serves as the control authority within its service area, the
				  attorney's statement for that control authority shall document the ILAs and SUO
				  sections that establish the satellite POTW's authority for regulation within
				  its service area and the requirements for the satellite POTW to implement its
				  pretreatment program in accordance with the downstream POTW's SUO and the ILA.
				  In either case, where the POTW organizations have other written procedures to
				  outline responsibilities not covered by the ILA or SUO, the applicable
				  attorney's statements shall also include documentation of these procedures and
				  the source of their enforceability;
(2) an industrial waste survey (IWS) as
				  defined in Rule .0903 of this Section;
(3) a monitoring plan to provide POTW
				  site-specific data for the HWA and subsequent technical evaluations of local
				  limits to satisfy the requirements of
				  40 CFR
				  122.21(j). Modified
				  pretreatment programs developed under Rule .0904(b) of this Section shall be
				  allowed to implement a short term monitoring plan (STMP);
(4) a headworks analysis (HWA) and supporting
				  documentation, including POTW site-specific and relevant literature data, upon
				  which to base industrial user-specific effluent limits and other local limits
				  for prohibited pollutants as defined in
				  40 CFR
				  403.5(a) and (b) and Rule
				  .0909 of this Section;
(5) a
				  compliance monitoring program, including inspection, sampling, equipment, and
				  other compliance procedures, which will implement the requirements of
				  40 CFR
				  403.8(f) and
				  403.12, and Rules .0905 and .0908
				  of this Section;
(6) draft
				  industrial user pretreatment permits for significant industrial users as
				  required by 40 CFR
				  403.8(f)(1)(iii) and
				  403.9(b)(1)(ii)
				  and Rule .0916 of this Section, and supporting documentation outlined in Rules
				  .0916 and .0917 of this Section;
(7) procedures for approving the construction
				  of pretreatment facilities by industrial users and for permitting industrial
				  users for construction, operation, and discharge as required by
				  G.S.
				  143-215.1; procedures for approving
				  construction shall include issuance of authorization to construct, as
				  appropriate;
(8) an enforcement
				  response plan (ERP) as required by
				  40 CFR
				  403.8(f)(5) and
				  403.9(b)(1)(ii)
				  for identifying violations of and enforcing specific local limits and other
				  pretreatment requirements as required by and specified in
				  40 CFR
				  403.5 and
				  403.6 and Rules .0909 and .0910 of
				  this Section;
(9) a description
				  (including organization charts) of the control authority that will administer
				  the pretreatment program. Where more than one POTW organization is involved in
				  the POTW wastewater collections or treatment system, the description shall
				  address all the agencies, including identification of which party will receive
				  industrial user applications for new and changed discharges and how the parties
				  will communicate on significant industrial user determinations;
(10) a description of funding levels and
				  full- and part-time manpower available to implement the program;
(11) a description of data management
				  procedures for compiling and managing compliance, LTMP/STMP, and any other
				  pretreatment-related monitoring data, including documentation of approval of
				  electronic reporting procedures as required under 40 CFR Part 3 if applicable;
				  and
(12) a request for pretreatment
				  program approval as required by
				  40 CFR
				  403.9 and this Section.