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);

143-215.3(a);

Eff. June 18, 2011.