15A NCAC 02H .0138. AUTHORIZATION TO CONSTRUCT PERMITS

(a)  Required.  After an NPDES permit has been issued by the Division of Environmental Management in accordance with this Section, construction of wastewater treatment facilities or additions thereto shall not begin until final plans and specifications have been submitted to and an Authorization to Construct has been issued to the permittee by the Division of Environmental Management.  If an Authorization to Construct has not been applied for in accordance with the requirements of the NPDES permit during the term of the permit, the permit will be considered void upon expiration and future actions will be considered as a new application.

(b)  Application.

(1)        Application for Authorizations to Construct must be made in triplicate on official forms completely filled out, where applicable, and fully executed.  The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization from the permittee.

(2)        Required sets of plans and specifications:

(A)       regular projects ‑‑ five sets of detailed plans and specifications,

(B)       federal and state grants/loan projects ‑‑ four sets of detailed plans and specifications plus federal assurances required by appropriate federal agency;

(3)        Specifications describing all materials to be used, methods of construction and means for assuring the quality and integrity of the finished project.

(4)        When required, a statement submitted that the wastewater treatment facility involved will be properly disconnected and the wastewater discharged into an adequate district or municipal system when it becomes available.

(5)        If a Sedimentation and Erosion Control Plan is required by the Division of Energy, Mineral, and Land Resources or their designee, documentation shall be provided verifying that the applicant has developed and submitted to the governing agency the required Plan.

(6)        A 110 volt power source and a potable water supply, equipped with backflow prevention, must be available at the treatment system to allow for maintenance, clean‑up and sampling.  In cases where this is not reasonable or economically achievable, an exception may be granted by the Water Quality Section Chief.

(7)        For those wastewater disposal facilities which have the potential to cause a contravention of groundwater standards, hydrogeologic information must be provided as specified in Rule 2H .0205 of this Subchapter.

(8)        A residuals management plan must be submitted for all wastewater treatment systems that generate residuals and must include the following:

(A)       A detailed explanation as to how the residuals will be stabilized.  In addition if the residuals are generated from a system treating sewage, the explanation must show that the stabilization process meets the Environmental Protection Agency's criteria for a Class B residual as defined in 40 CFR 503 or for a Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II, hereby incorporated by reference including any subsequent amendments and editions.  This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Management, 512 N. Salisbury Street, Raleigh, North Carolina.  Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402‑9325 at a cost of thirty six dollars ($36.00).

(B)       An evaluation of the residual storage requirements for the treatment facility.  A minimum of 30 days storage will be required on all facilities, unless the applicant can demonstrate to the satisfaction of the Director that this requirement is unwarranted for a particular case.  Storage shall be calculated based upon average sludge production rate and shall be process units that are separate from the treatment system, i.e., not the clarifiers or aeration basins.  Additional storage may be required based upon the method of final disposal/utilization.

(C)       No authorization to construct will be issued unless the application package includes a commitment from a DEM approved residual disposal/utilization site for the acceptance of the residual and which demonstrates that the DEM approved site has adequate capacity to accept the residuals.

(9)        A construction sequence plan must be submitted with applications for an Authorization to Construct for modification of existing wastewater treatment facilities.  The plan must outline the construction sequence to ensure continuous operation of the treatment system.

(c)  Fees for Authorization to Construct Permits

(1)        For every application for a new or modified construction permit, for facilities with a permitted flow of greater than 100,000 gallons per day, a nonrefundable application processing fee of two hundred dollars ($200.00) must be submitted.

(2)        For every application for a new or modified construction permit, for facilities with a permitted flow of equal to or less than 100,000 gallons per day but greater than 1,000 gallons per day, a nonrefundable application processing fee of one hundred and fifty dollars ($150.00) must be submitted.

(3)        For every application for a new or modified construction permit, for facilities with a permitted flow of equal to or less than 1,000 gallons per day, a nonrefundable application processing fee of one hundred dollars ($100.00) must be submitted.

 

History Note:        Authority G.S. 143‑215.1(c)(1);

Eff. October 1, 1987;

Amended Eff. August 1, 2012 (see S.L. 2012-14, 3 s.1.(f)); March 1, 1993; August 3, 1992.