(a)  The Director is authorized to accept applications for the Commission and shall refer all applications to the staff for review and evaluation.  Additionally, the Director shall refer NPDES Permit applications for the discharge of waste into waters classified as sources of public water supply (WS classification) and shellfish waters classified SA to the Division of Environmental Health, Department of Environment, Health, and Natural Resources, for review and written approval.

(b)  The Director shall acknowledge receipt of a complete NPDES or Authorization to Construct application or, if not complete, may return the application to the applicant as incomplete or request the additional information required.  The applicant may be given up to 60 days to provide the information to make the application complete.

(c)  Tentative Determination and Draft individual NPDES Permit.

(1)        The staff shall conduct a site investigation and shall prepare its written evaluation and tentative determination to issue or deny the NPDES permit.  On-site investigations will not be necessary for Authorization to Construct permits, activities covered under general permits and renewal of individual permits with no modifications.

(2)        If the staff's tentative determination in Paragraph (1) of this Subdivision is to issue the permit, it shall if necessary make the following additional determinations in writing:

(A)       proposed effluent limitations for those pollutants proposed to be limited;

(B)       a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations; and

(C)       a brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.

(3)        The staff shall organize the determinations made pursuant to Paragraphs (1) and (2) of this Subdivision into a draft permit.

(d)  In the case of permits for which notice of intent is given on forms as described in Rule .0105(a) of this Section, a Certificate of Coverage under a general permit may be prepared and issued directly to the applicant in lieu of any other acknowledgment.  If the Notice of Intent is unacceptable, it will be returned to the applicant with an explanation of the inadequacies.


History Note:        Authority G.S. 130‑161; 143‑215.3(a)(1); 143‑215.3(a)(4); 143‑215.1(a);


Eff. February 1, 1976;

Amended Eff. March 1, 1993; August 1, 1991; August 1, 1988; October 1, 1987.