§ 143-215.67. Acceptance of wastes to disposal systems and air-cleaning devices. - North Carolina Statutes

§ 143‑215.67. Acceptance of wastes to disposal systems and air‑cleaning devices.

(a)        No person subject to the provisions of G.S. 143‑215.1,143‑215.108, or 143‑215.109 shall willfully cause or allow thedischarge of any wastes or air contaminants to a waste‑disposal system orair‑cleaning device in excess of the capacity of the disposal system orcleaning device or any wastes or air contaminants which the disposal system orcleaning device cannot adequately treat. This subsection does not prohibit thedischarge of waste to a treatment works operated by a public utility or unit oflocal government in excess of the capacity of the treatment works by any personwho holds a valid building permit issued prior to the date on which the publicutility or unit of local government receives the notice required by subsection(c) of this section if the Commission finds that the discharge of waste willnot result in any significant degradation in the quality of the watersultimately receiving the discharge as provided in subsection (b) of thissection.

(b)        The Commission may authorize a unit of government subject tothe provisions of subsection (a) of this section to accept additional wastes toits waste‑disposal system upon a finding by the Commission (i) that theunit of government has secured a grant or has otherwise secured financing forplanning, design, or construction of a new or improved waste disposal systemwhich will adequately treat the additional waste, and (ii) the additional wastewill not result in any significant degradation in the quality of the watersultimately receiving the discharge. The Commission may impose such conditionson permits issued under G.S. 143‑215.1 as it deems necessary to implementthe provisions of this subsection, including conditions on the size, character,and number of additional dischargers. Nothing in this subsection shall bedeemed to authorize a unit of government to violate water quality standards,effluent limitations or the terms of any order or permit issued under Part 1 ofthis Article nor does anything herein preclude the Commission from enforcing byappropriate means the provisions of Part 1 of this Article.

(c)        The Commission may impose a moratorium on the addition ofwaste to a treatment works if the Commission determines that the treatmentworks is not capable of adequately treating additional waste. The Commissionshall give notice of its intention to impose a moratorium at least 45 daysprior to the effective date of the moratorium to any person who holds a permitfor a treatment works subject to the moratorium. Except to the extent that theprovisions of subsection (b) of this section apply, the Commission shall notissue a permit for a sewer line that will connect to a treatment works that theCommission has determined to be incapable of treating additional waste from thedate on which the Commission determines that the treatment works is incapableof adequately treating additional waste until the moratorium on the addition ofwaste to the treatment works is lifted.

(d)        A public utility or unit of local government that operates atreatment works shall give notice of a moratorium on the discharge ofadditional waste to the treatment works within 15 days of the date on which thepublic utility or unit of local government receives notice of the moratoriumfrom the Commission. The public utility or unit of local government shall givepublic notice of a moratorium by publication of the notice one time in anewspaper having general circulation in the county in which the treatment worksis located. The Commission shall prescribe the form and content of the notice. (1971, c. 1167, s. 9; 1979, c. 566; 1987, c. 827, s.154; 1989, c. 135, s. 6; 1995, c. 202, s. 1.)