15A NCAC 02H .0112. FINAL ACTION ON PERMIT APPLICATIONS

(a)  The Director shall take final action on all NPDES applications not later than 60 days following notice of intent to issue or deny, or, if a public meeting is held, within 90 days following the closing of the record of the meeting or in the case of an Authorization to Construct permit 90 days after the receipt of a complete application or, if a public meeting is held concerning the Authorization to Construct, within 90 days following the closing of the record of the meeting.

(b)  The Director is authorized to:

(1)        issue a permit containing such conditions as are necessary to effectuate the purposes of G.S. 143‑215.1 and G.S. 143‑215.67;

(2)        issue a 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 Rule .0114(a) of this Section;

(4)        suspend a permit pursuant to Rule .0114(a) of this Section;

(5)        rescind a permit upon request by the permittee;

(6)        deny a permit application:

(A)       where necessary to effectuate the purposes of Article 21 Chapter 143,

(B)       for a discharge prohibited by G.S. 143‑214.2(a),

(C)       where the Secretary of the Army finds the discharge would substantially impair anchorage and navigation,

(D)       for a discharge to which the regional administrator of EPA has objected as provided in Section 402(d) of the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq,

(E)       for any point discharge which conflicts with a plan approved pursuant to Section 208(b) of the Clean Water Act as amended, 33 U.S.C. Section 1251 et seq, effective February 4, 1987.

(c)  The permit applicant has the burden of providing sufficient evidence to reasonably ensure that the proposed system will comply with all applicable water quality standards and requirements.  No permit may be issued when the imposition of conditions cannot reasonably ensure compliance with applicable water quality standards and regulations of all affected states.

(d)  Permits shall be issued or renewed for a period of time deemed reasonable by the Director except in no case shall permits be issued for a period to exceed five years.

 

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.1(c)(4); 143‑215.1(b); 143‑215.3(a)(3);

143‑215.3(a)(4); 143‑215.1(c)(5); 143‑214.2(a); 143‑215; 143‑215.2(a);

Eff. February 1, 1976;

Amended Eff. March 1, 1993; October 1, 1987; September 1, 1986; December 1, 1984.