COASTKEEPER Sewer Patrol

Commenting on new and renewed permits

There are several steps in the process of issuing an individual NPDES permit, and several ways you can get involved:

• Permit application: The discharger files a permit application with the NC Division of Water Quality. If the permit is being renewed, the application usually is filed several months before the expiration date of the current permit. The division reviews the application for completeness and accuracy. The NC Environmental Management Commission (EMC) is ultimately responsible for issuing the permit.
• Public notice: Once the commission decides to issue or renew a permit, the state publishes a notice in the major newspaper in that region, usually in the legal notices of the classified ads. It also mails the notice to people who have asked to receive them. If you're interested in following a particular permit, you can ask to be placed on the mailing list for that permit as a "party of record." You can get a copy of the draft permit, then review and comment on it. The comment period is usually 30 days after the public notice, but can be extended if there is a public hearing on the permit. All the permits, correspondences and reports are public records and available for viewing at the division's regional offices. To be placed on the mailing list for public notices, call Valerie Stephens at 919-733-5083, ext. 520. You can also check all proposed permits and public comment periods at the Division of Water Quality's website.
• Public hearings: The Division of Water Quality sometimes holds hearings on significant permits or if enough people demand one. If you're a party of record on a particular permit, you'll be notified of any hearings. You can request a hearing on any permit, but the director of the division decides whether to hold one. Public hearings are formal – you can ask questions and express concerns and your comments are recorded. A hearing officer makes recommendations to the division director, who makes the final decision.
• Permit issuance and appeals: Permits become effective 45 days after the date of the public notice unless the division is swayed by public comments or a public hearing is scheduled. After the comment period ends, the division reviews all the comments and information it has received about the draft permit. It may change the draft permit because of the comments. Major changes may require another round of public comments. If the permit is issued or renewed – and almost all are – you can appeal the decision to the EMC.

Checking on the status of permits

     Go to the Division of Water Quality's List of Active Permits for all individual NPDES permits (permits beginning with NC00). The Excel version of this file can be sorted by county. For the status of any permit (including NPDES individual or general permits), you may navigate the reports section of the division's database, BIMS, which lets you search for all permits by region.

Monitoring and Enforcement

     You can also get involved by monitoring a discharger's compliance with its NPDES permit. Reviewing NPDES files is one of the most crucial and vital actions a concerned citizen can take to protect our natural resources. Plants with NPDES permits often take advantage of the division's lack of funds and staff by exceeding their permit limits and polluting waterways. You can put a stop to such illegal activities.
     Reviewing a permit isn't difficult, but many times the files are voluminous and disorganized. If you know what you are looking for and are familiar with the contents of a typical file, you can find your information much more quickly. 
     Depending on your watershed, there may be just a few permits, or there may be hundreds. If your watershed has numerous discharges, you may need to prioritize your search. Consider identifying targets based on the following factors:

• Where you live: It is always more motivating to work on issues that directly affect your daily life.
• Special areas of interest: Upstream from parks, habitat, recreational areas, etc.
• Community experts: Talk to people who are most affected by pollution or may have special knowledge of problems.
• Chronic Violators: Check the division's monthly enforcement actions to zero in on chronic violators.

Locating the Permit's File for Review

     Once you have determined what permits you want to focus on, the next step is actually reviewing the documents that the Division of Water Quality has on those plants. Under the state's public records act, you have the right to review all of the files on a particular plant within a "reasonable" time after requesting access to files. Unfortunately, filing quality and organization varies widely among offices, and the documents you need may be scattered. After compiling a list of all the NPDES permits in your area, call your local division office to locate the files you are looking for. Here's a list of offices. Though not required by law, most division offices ask that you give them 24-hour notice. Extend them that courtesy. Most will have the requested files waiting for you when you arrive.

Reviewing the file

     Typically, unless it is very small, a file is broken down into two parts: permits and correspondences. The correspondence file contains notices of violations and consent orders. Make sure that all of these files have been given to you. If the file appears incomplete or you can't find what you are looking for, ask for assistance. Someone in the office should be able to help you find the information or explain why the information is not in the file.

The Permit

     The first and most important part of the file to review is the permit itself. Most permits are approximately 20-25 pages long. However, most of these pages are boiler-plate and not very helpful. You can find the information that you need quickly by focusing on the cover page giving:

• Permit Number: Every NPDES permit issued is assigned a number. This number can be helpful in identifying other documents related to this facility and interacting with the agency.
• Name of the Discharger: This tells you who is allowed to pollute.
• Discharger's Address: This is the address where you can contact the discharger.
• Exact Location of the Facility Discharging: This is the address of the actual location of the discharging plant.
• Receiving Waters: This is the water body into which the discharge will be released.
• Type of Permit: The permit should contain information detailing whether the permit is new, modified, or revised.
• Dates: This tells you the date of issuance, the effective date, the expiration date, and the modification date if the permit has been modified. Remember all NPDES permits are only good for five years. Check the expiration date on the permit – when it expires, you will have the opportunity to comment on the proposed renewal permit.
• Effluent limits: These limits regulate the type and amount of pollutants a facility may discharge.
• Monitoring requirements.
• Special conditions: Sometimes a permit will contain special conditions that address site-specific concerns. Look for a section addressing special conditions at the end of the permit.

Correspondences

     The file for the discharger should also contain a correspondence folder, which may contain letters to and from the permit holder and the division, notices of violation, consent orders, and inspection reports. These items will give you an indication of whether there have been problems with a facility. For example, there may be years of correspondence discussing a problem where the violator has promised to take certain corrective measures, yet no action has been taken. Correspondences can reveal this common problem. A file may also contain a consent order – or an agreement between the division and a permit holder to correct water quality violations.

Citizen Suits

      Unfortunately, many of the smaller sewage plants continuously violate their permits. Yet, the Division of Water Quality fails to take any meaningful enforcement action against the plants or continuously extends the time in which they must comply with its permit. The Clean Water Act gives citizens the power to do something about that through citizen suits. Basically, when a polluter continually violates the Clean Water Act and the state fails to diligently prosecute the violator, a citizen or group can file suit in federal court to enforce compliance with the permit terms.
      The Clean Water Act provides specific procedures for filing a citizen suit. After documenting a violation, citizens are required to provide a 60-day advance notice of their intent to sue. This notice must be sent to the polluter, the state, EPA Region IV in Atlanta headquarters, EPA headquarters in Washington, DC, and the US attorney general. If these government officials fail to take action and the polluter fails to achieve compliance within sixty days, then the citizen can file a lawsuit.

Get Involved

     To get involved in the NPDES permit review process, call one of our COASTKEEPERS^® at 252-393-8185. If you see pollution that you think came from a sewer plant, call the COASTKEEPER^® Pollution Hotline at 866-4NCWATER (462-9283) or send them a Pollution Report.