SECTION .0900 - LOCAL PROGRAM APPROVAL
15A NCAC 02U .0901 LOCAL PROGRAM APPROVAL
(a) Municipalities, counties, local boards or commissions,
water and sewer authorities, or groups of municipalities and counties may apply
to the Division for approval of programs for permitting construction,
modification, and operation of reclaimed water distribution lines and
permitting users under their authority, unless prohibited by other rules in
this Subchapter. Construction of and modifications to treatment works,
including pump stations for reclaimed water distribution, require Division
approval. Permits issued by approved local programs shall serve in place of
permits issued by the Division. Local program approval shall not be granted
for non-conjunctive reclaimed water uses.
(b) Applications. Applications for approval of local
programs shall provide adequate information to assure compliance with the
requirements of this Subchapter and the following:
(1) Include two copies of the permit
application forms, intended permits including types of uses, minimum design
criteria (specifications), flow chart of permitting, inspection and
certification procedures, and other relevant documents to be used in
administering the local program; and
(2) Certification that the local authority has
procedures in place for processing permit applications, setting permit
requirements, enforcement, and penalties that are compatible with those for
permits issued by the Division.
(c) Any amendments to the requirements of this Subchapter
shall be incorporated into the local program within 60 days of the effective
date of the amendments.
(d) If required by G.S. 89C, a North Carolina registered
Professional Engineer shall be on the staff of the local program or retained as
a consultant to review unusual situations or designs and to answer questions
that arise in the review of proposed projects. The local program shall also
provide staff or retain a consultant to review all other non-engineering
related program areas.
(e) Each project permitted by the local program shall be
inspected for compliance with the requirements of the local program at least
once during construction.
(f) Approval of Local Programs. The Division staff shall
acknowledge receipt of an application for a local program in writing, review
the application, notify the applicant of additional information that may be
required, and make a recommendation to the Commission on the acceptability of
the proposed local program.
(g) All permitting actions, bypasses from distribution
lines, enforcement actions, and monitoring of the distribution system shall be
summarized and submitted to the Division at a minimum on an annual basis on
forms provided by the Division. The report shall also provide a listing and
summary of all enforcement actions taken or pending during the year. The
report shall be submitted within 30 days after the end of each year.
(h) A copy of all program documents such as specifications,
permit applications, permit shells and shell certification forms shall be
submitted to the Division on an annual basis along with a summary of any other
program changes. Program changes to note include staffing, processing fees,
and ordinance revisions.
(i) Modification of a Local Program. After a local program
has been approved by the Commission, any modification of the program procedures
or requirements specified in this Rule shall be approved by the Director to
assure that the procedures and requirements remain at least as stringent as the
state-wide requirements in this Subchapter.
(j) Appeal of Local Decisions. Appeal of individual permit
denials or issuance with conditions the permit applicant finds unacceptable
shall be made according to the approved local ordinance. The Commission shall
not consider individual permit denials or issuance with conditions to which a permittee
objects. This Paragraph does not alter the enforcement authority of the
Commission as specified in G.S. 143-215.1(f).
History Note: Authority G.S. 143-215.1; 143-215.1(f);
Eff. June 18, 2011.